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Minutes

Ordinary Council Meeting

15 June 2020, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Ordinary Council 15 June 2020

Minutes

 

Note: This Meeting was conducted by Video Conference.

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, Councillor K. Morris, Councillor D. Strassberg Councillor F. Vissel and Councillor A. Zbik.

 

ALSO PRESENT: General Manager, Acting Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, and Executive Manager – Human Services.

 

DECLARATIONS OF INTEREST: Nil

 

APOLOGIES 

Apologies be received on behalf of D. Hutchens.

69

RESOLVED on the motion of Brooks-Horn and Bennison that the apology be accepted and leave of absence be granted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by the General Manager

 

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

 

The Mayor advised those present that the Meeting was being webcast online

PUBLIC FORUM

While attendance at the public forum has been suspended and the meeting conducted online, written addresses were received by Council with a maximum of 500 words.

Jacky Barker of Lane Cove in regards to the Budget, Fees and Charges Report

Jennifer Schneller of Northwood in regards to the Lane Cove Council Preparation of Draft DCP - Northwood Shops

Caroline and Roger Jerrems of Lane Cove in support of the Bicycle Infrastructure Motion

Corinne Fisher in regards to Council’s Delivery Program/Operational Plan and associated budget 20-21.

Wendy Jannings of Willoughby in support of the Bicycle Infrastructure Notice of Motion

Penny Mabbutt of Lane Cove in support of the Bicycle Infrastructure Notice of Motion

Ian Meller of Greenwich in support of the Bicycle Infrastructure Notice of Motion

Don Murchison of Lane Cove in support of the Bicycle Infrastructure Notice of Motion

Michael Ryland of Greenwich in support of the Bicycle Infrastructure Notice of Motion

Tony Stanley of Lane Cove in support of the Bicycle Infrastructure Notice of Motion

Charles Lovecraft of Lane Cove in regards to the Lane Cove Literary Awards

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 18 MAY 2020

70

RESOLVED on the motion of Brooks-Horn and Brent that the minutes of the Ordinary Council meeting held on the 18 May 2020 be received.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

71

RESOLVED on the motion of Palmer and Strassberg that the minutes of the Ordinary Council meeting held on the 18 May 2020 be confirmed subject to the following amendments:

·           Minute No. 91  -  Allocate a Financial Assistance Grant of $3,950 to Longueville Sporting Club

·           Minute No. 95 - Allocate a Financial Assistance Grant of $2,000 to Lane Cove Youth Orchestra

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

The Mayor advised that Stage 1 of The Canopy is now open to the public. She thanked all staff involved, ADCO Constructions and AECOM project managers, for achieving a great outcome for the community and building an asset that will be used extensively for years to come.

 

Notices of Motion

 

Notice of Motion - Funding the Lane Cove Bike Plan

 

Motion

A Motion was moved by Councillors Zbik and Morris that the matter be deferred to a Councillor workshop.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Bennison and Brooks-Horn that the existing budget remains the same and no consideration be given to any additional funding of the Lane Cove Bike plan at this time.

 

The motion was put to the meeting and was declared lost.

For the Motion were Councillors Vissel, Zbik and Morris (Total 3).

Against the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 5).

 

72

The Foreshadowed Motion became the motion.

Upon being put to the meeting the motion was declared carried.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 5).

Against the Motion were Councillors Vissel, Zbik and Morris (Total 3).

 

 

 

Officer Reports for Determination

 

Covid -19 June Update

73

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that:-

1.   The report be received and noted; and

2.   Council write to The Hon. Rob Stokes, MP, Minister for Planning and Public Spaces objecting to the proposal to allow payment of s7.11 prior to the issue of the Occupation Certificate as it will greatly impact the timing and the delivery of supporting infrastructure for new developments. If the Minister determines that this amendment must proceed then an exemption process should be developed so the where councils are collecting for infrastructure directly related to the individual development (e.g. funds to acquire land for a park in the neighbourhood), the Minister can direct payment be made at Construction Certificate stage.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Consultation Results on the 2020/2021 Draft Budget, Fees and Charges and Delivery Program and Operational Plan

 

MOTION

 

A motion was moved by Councillors Brent and Strassberg that:-

1.    The Draft 2021-22 Delivery Program, Draft 2021-22 Operational Plan shown attached as AT-2, Draft Budget 2020-21 shown attached as AT-3 and Draft Fees and Charges 2020 -21 (and subject to the above amendments) AT-4 and updated Long Term Financial Plan 2020 shown attached as AT-5, be adopted subject to the ‘Every Child a Bushland Experience’ funding being increased from $4000 to $5000 to be offset by reducing the Village Graffiti Reduction program by $1000.

2.    Council fix the Ordinary Rates and Charges for 2020/21 as:-

a)    Ordinary Rates

(i)      An Ordinary Residential Rate of 0.107419 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $913, to yield $19,800,072.

(ii)     An Ordinary Business Rate of 0.566491 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $933 to yield $5,715,813.

(iii)     Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.196777 cents in the dollar be made for 2020/21 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $173,375.

b)    Domestic Waste Management Charges

(i)    In accordance with S.496 of the Local Government Act 1993, that an annual charge of $456.50 per annum be made for the year 2020/21for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   In accordance with S.496 of the Local Government Act 1993, that an annual charge of $123.00 per annum be made for the year 2020/21, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.70 per service be made for the year 2020/21, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.80 per service be made for the year 2020/21, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v)   In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.80 per service be made for the year 2020/21, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable properties;

(vi)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.80 per service be made for the year 2020/21, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) In accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $5.15 per fortnightly service be made for the year 2020/21 for each extra recycling service to single residential dwellings.

c)    Stormwater Management Service Charge

In accordance with clauses 125A and 125AA of the Local Government (General) Regulation 2005 and Section 496A of the Local Government Act 1993, annual charges for the year 2020/21 for Stormwater Management Services be made and levied as follows:

- All parcels of vacant land                                    - Nil $ charge

- All Residential Strata Units                                  - $12.50 per unit

- All Residential Non Strata Properties                  - $25.00 per property

- All Business Strata Units and Properties             - $25.00 per unit or property

d)    Interest on Overdue Rates and Charges

                   In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2020 to 31 December 2020 to all outstanding rates and charges 0% interest rate and for the period 1 January 2021 to 30 June 2021 to all outstanding rates and charges be calculated at the maximum interest rate of 7% as specified by the Minister for Local Government.

 

 

Amendment

An Amendment was moved by Councillors Zbik and Vissel that:-

1.    The Draft 2021-22 Delivery Program, Draft 2021-22 Operational Plan shown attached as AT-2, Draft Budget 2020-21 shown attached as AT-3 and Draft Fees and Charges 2020 -21 (and subject to the above amendments) AT-4 and updated Long Term Financial Plan 2020 shown attached as AT-5, be adopted subject to:-

                  a.         The ‘Every Child a Bushland Experience’ funding being increased from             $4000 to $5000 to be offset by reducing the Village Graffiti Reduction             program by $1000.
b.         Council extend Lane Cove Library hours on a Sunday to 5pm for the             months of September, October and November as a trial.

                                 i.       A report be presented to Council after the trial providing feedback on                    usage and cost-Benefit analysis of extending Sunday opening hours                      on a more permanent basis. 

                                                ii.          the cost of extending hours circa $14,000 be sourced from the                    Council deficit.

2.    Council fix the Ordinary Rates and Charges for 2020/21 as:-

a)    Ordinary Rates

(i)      An Ordinary Residential Rate of 0.107419 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $913, to yield $19,800,072.

(ii)     An Ordinary Business Rate of 0.566491 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $933 to yield $5,715,813.

(iii)     Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.196777 cents in the dollar be made for 2020/21 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $173,375.

b)    Domestic Waste Management Charges

(i)    In accordance with S.496 of the Local Government Act 1993, that an annual charge of $456.50 per annum be made for the year 2020/21for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   In accordance with S.496 of the Local Government Act 1993, that an annual charge of $123.00 per annum be made for the year 2020/21, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.70 per service be made for the year 2020/21, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.80 per service be made for the year 2020/21, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v)   In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.80 per service be made for the year 2020/21, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable properties;

(vi)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.80 per service be made for the year 2020/21, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) In accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $5.15 per fortnightly service be made for the year 2020/21 for each extra recycling service to single residential dwellings.

c)    Stormwater Management Service Charge

In accordance with clauses 125A and 125AA of the Local Government (General) Regulation 2005 and Section 496A of the Local Government Act 1993, annual charges for the year 2020/21 for Stormwater Management Services be made and levied as follows:

- All parcels of vacant land                                    - Nil $ charge

- All Residential Strata Units                                  - $12.50 per unit

- All Residential Non Strata Properties                  - $25.00 per property

- All Business Strata Units and Properties             - $25.00 per unit or property

d)    Interest on Overdue Rates and Charges

      In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2020 to 31 December 2020 to all outstanding rates and charges 0% interest rate and for the period 1 January 2021 to 30 June 2021 to all outstanding rates and charges be calculated at the maximum interest rate of 7% as specified by the Minister for Local Government Pending COVID-19 social distancing restrictions and directions from the State Government.

 

Upon being put to the Meeting the Amendment was declared lost.

 

For the Motion were Councillors Vissel, Zbik and Morris (Total 3).

Against the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 5).

74

Upon being put to the Meeting the Motion was declared carried.

 

 For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Debt Financing for Infrastructure Projects  - Independent Review

75

RESOLVED on the motion of Councillors Strassberg and Bennison that the report be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Councillor Scott Bennison left the meeting, the time being 08:27 pm

 

St Leonard’s Plaza Update – Term Sheet and LEP Amendment

76

RESOLVED on the motion of Councillors Palmer and Brooks-Horn that Council -

1.Receive and note the execution of the Term Sheet and LEP amendment;

2.    Note the next stage/s of the project;

3.     Progress with design development, planning and associated activities accordingly;

4.     Receive a further report at the appropriate time to determine as to whether Council proceed with the Construction of the Plaza; and

5.     Proceed with the exhibition of the proposed LEP Amendment and receive a further report on the results post the exhibition.

 

For the Motion were Councillors Palmer, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 7).

Against the Motion was Nil (Total 0).

 

Councillor Scott Bennison returned to the meeting, the time being 08:30 pm.

 

Outcome of Rezoning Review for 524-542 Pacific Highway, St Leonards (the 'Telstra site')

77

RESOLVED on the motion of Councillors Vissel and Strassberg that Council receive and note this report.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Northwood Shops LEP Gazettal and DCP Preparation

78

RESOLVED on the motion of Councillors Strassberg and Vissel that Council:-

1.   Note the Gazettal of Planning Proposal 29 for the Northwood Shops site; and

2.   Prepare a draft Development Control Plan for consideration by the Council, prior to public exhibition.

3.   Council indicates its preference for the setbacks to the bushland to be as per 2018 resolution

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Further Report - Design Review Panel

79

RESOLVED on the motion of Councillors Vissel and Brent that Council:-

1.   Receive and note the report;

2.   Council establish a Design Review Panel in line with the Terms of Reference included as AT-1; and

3.   Receive a further report to select the members of the Design Review Panel.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

May 2020 Traffic Committee Meeting

80

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 19 May 2020.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

Council Snapshot May 2020

81

RESOLVED on the motion of Councillors Vissel and Brooks-Horn that the report be received and noted.

 

For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel, Zbik and Morris (Total 8).

Against the Motion was Nil (Total 0).

 

CLOSE

 

The meeting closed at 8:39pm

 

Confirmed at the Ordinary Council Meeting of 20th July 2020, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********