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Minutes

Ordinary Council Meeting

17 August 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 17 August 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.

101

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.

 

Procedural Motion

102

RESOLVED on the motion of Councillors Palmer and Bennison that closed committee be deferred and considered as the last item.

 

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

Against the Motion was Nil (Total 0).

 

WEBCASTING OF COUNCIL MEETING

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

 

SUSPENSION OF STANDING ORDERS

103

RESOLVED on the motion of Councillors Brooks-Horn and Brent that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

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

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Phillip Wright of Lane Cove in relation to proposed changes to the Lane Cove golf course.

Merri Southwood of Greenwich in relation to the Notice of Motion - Community Engagement Strategy.

 

RESUMPTION OF STANDING ORDERS

104

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that Standing Orders be resumed.

 

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

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 20 JULY 2020

105

RESOLVED on the motion of Strassberg and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 20 July 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).

106

RESOLVED on the motion of Strassberg and Brooks-Horn  that the minutes of the Ordinary Council meeting held on the 20 July 2020 be confirmed.

 

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

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Notice of Motion - Community Engagement Strategy

 

MOTION

A motion was moved by Councillors Zbik and Morris that a report be presented back to Council by November 2020 that:

1)   Considers how the following may be incorporated in future reports recommending Council commence a community consultation per the Community Engagement Policy:

a)   The inclusion of a map of any areas that are proposed to be letterboxed with flyers (If recommended).

b)   The development of a graphic to be used on communication materials showing the status of the engagement in the context of the subject matter project timeline/decision making process.

c)   The formal adoption of a standardised table outlining the proposed activities for the community consultation.

2)   Considers how the following may be incorporated in future reports presented post-consultation to Council per the Community Engagement Policy:

a)   The inclusion of a map showing which areas were letterboxed (if recommended in the pre-consultation report).

b)   A copy of all submissions be made available to Councillors at the same time the Report is published as part of a meeting Agenda.

c)   Develop a process where permission has been given by the author of the submission, the submission be included in an appendix to the Report.

d)   Include in the post-consultation  report a standardised table showing:

a.   The number of suggestions made.

b.   The number of suggestions accepted by Council.

c.   The number of suggestions not accepted by Council

d.   Councils reasoning behind adopting or not-adopting suggestions made during the consultation process.

3)   Consider how Council can further use Council’s official social media channels (e.g. Facebook) in the Community Engagement Process. In addition:

a)   How Council can use targeted questions on social media to gather feedback via these social media channels to be included in the post-consultation report.

b)   How feedback from social media is appropriately weighted in conjunction with other methods of engagement.

c)   How all feedback gathered from social media channels can be included in the post-consultation report or appendices.

4)    Advise if consultation per Council’s Community Engagement Policy is required resulting from any recommendations that are made.

PROCEDURAL MOTION

107

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the motion be put.

 

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).

 

Upon being put to the meeting the motion 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).

 

Draft Northwood Shops Development Control Plan

108

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

1.       Council endorse the draft Development Control Plan attached at AT-3 for purposes of public exhibition and undertake community consultation for a period of six (6) weeks in accordance with the consultation strategy outlined in this report subject to amending the “Setback “Provisions b) to read ‘Basement parking may encroach into side setback areas, provided sufficient deep soil is retained to permit the setback area to be replanted with native indigenous plants’

2.       A further report be submitted at the conclusion of the exhibition.

 

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

Against the Motion was Nil (Total 0).

 

Draft Birdwood Lane DCP amendment

109

RESOLVED on the motion of Councillors Brent and Brooks-Horn that consideration of the matter be deferred and referred to a Councillor workshop for discussion.

 

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

Against the Motion was Nil (Total 0).

 

Participation in the NSW Public Spaces Legacy Program

110

RESOLVED on the motion of Councillors Palmer and Vissel that:-

1.    The report be received and noted;

2.    Council submit a proposal under the NSW Public Spaces Legacy Program that                demonstrates how it will achieve the performance improvement requirements of             the program and nominate as the projects to utilise the funding if received: 

a)     the St Leonards Over Rail Plaza ($4 million); and

b)     updates to trail linkages through bushland ($0.75mill)

 

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

Against the Motion was Nil (Total 0).

 

Update - Waste to Energy

111

RESOLVED on the motion of Councillors Bennison 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).

 

Sustainability Achievements and New Initiatives

112

RESOLVED on the motion of Councillors Brent and Strassberg that:-

1.     The report be received and noted.

2.     Council endorse the appointment of a Resilience Coordinator, initially on a 12 month contract.

3.     Council partner with the NSW State government on the Sustainability Advantage procurement initiative.

 

For the Motion were Councillors Palmer, Brent, Strassberg, Vissel, Zbik and Morris (Total 6).

Against the Motion were Councillors Bennison and Brooks-Horn (Total 2).

 

 

 

 

 

Lane Cove 12ft Skiff Boat Storage, deck and dinghy storage facilities

113

RESOLVED on the motion of Councillors Vissel and Brent 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).

 

LED Streetlighting Program Update

114

RESOLVED on the motion of Councillors Zbik and Strassberg 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).

 

2020 Local Government NSW Annual Conference Motions, Voting Delegates and Attendance

115

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

1.    Write to Local Government NSW recommending that: 

a.    The 2020 conference be delayed until early 2021 as a result of the continued uncertainty behind COVID 19. 

b.    Local Government NSW membership fees be reduced due to the deep    economic impact of COVID 19. 

c.     Council delay incurring expenditure to attend the conference.

2.    Submit the following motions for debate at the 2020 Local Government NSW Annual Conference:

            Title:        Environmental Planning and Assessment (Local Infrastructure   Contributions – Timing of Payments) Direction 2020

            Motion:     That LGNSW lobby the NSW Government to consider a process where a Council can apply to the Minister for Planning for an exemption that allows a Council collecting monetary contributions under section 7.11 of the Act for infrastructure that directly relates to an individual development (e.g. funds to acquire land for a park in the immediate neighbourhood) to continue to collect payments at the Construction Certificate stage rather than upon the issuing of an Occupation Certificate.

            Title:        Vexatious Residents

            Motion:     That LGNSW investigate and lobby the New South Wales Ombudsman                 to expand their current model policy and practice manual to include                  requests for information from residents that would be considered                  vexatious.

3.    Further develop and consider the following motions at the next meeting of Council:

            Title:        Complying Developments and view sharing

Motion:     That LGNSW lobby the NSW Government to review aspects of how complying developments are processed to ensure view sharing and other rightly contentious issues can be addressed.

            Title:         State Environmental Planning Policy (Seniors Living) 2004

            Motion:       That LGNSW lobby the NSW Government to determine a threshold                                    for the provision of age care development under the seniors SEPP                                     so that once a certain concentration has been reached within a set area                                e.g 3 square km, the SEPP will no longer apply.

            Title:          Special Infrastructure Contributions

Motion:      That LGNSW lobby the Department of Planning, Industry and                               Environment in regard to Special Infrastructure Contributions (SIC) in                               line with Council's previously adopted policy position.

Title:         Arts Stimulus Funding  

Motion:      That LGNSW lobby the NSW Government for post-COVID stimulus                                   funding to promote the Arts (art galleries, performances, exhibitions,                               festivals) and performance venues in our communities.

4.    Authorise all available Councillors to attend the Conference should it proceed;  

5.    Appoint the Mayor, Deputy Mayor, Councillors Bennison and Zbik (alternate) as voting delegates for motions before the Conference; 

     5.    Grant delegated authority to the Mayor to request the General Manager to      submit  any further proposed motions, after consulting with Councillors, prior to the      deadline for submitting motions.

 

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

Against the Motion was Nil (Total 0).

 

Draft Model Asbestos Policy

116

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

1.   Adopt for the purpose of public exhibition, the Draft Asbestos Policy 2020 attached as AT-1;

2.   Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and

3.   Following public exhibition, the Draft Asbestos Policy 2020 together with a report on any submissions received, be considered by Council.

 

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

Against the Motion was Nil (Total 0).

 

4th Quarter Review of the 2019-21 Delivery Program and Operational Plan

117

RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the 4th Quarter Review of the 2019-21 Delivery Program and Operational Plan 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).

 

July 2020 Traffic Committee Meeting

118

RESOLVED on the motion of Councillors Vissel and Brooks-Horn that Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 21 July 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 July 2020

119

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that the report be received and noted, and the following corrections be noted in respect of the report:-

1.      Matters requiring a further report to Council Pg 356 - Bob Campbell Oval Master Plan ‘subject to a second option’ be removed.

2.      Development Applications Determined in July 2020 Pg 364 – DA79/2020  - 79 Kullah Parade, should be 16 Kullah Parade.

 

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

Against the Motion was Nil (Total 0).

 

CONFIDENTIAL ITEMS

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Officer Report for Determination No. 80

SUBJECT: Senior Staff Matter

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

No members of the public made representations.

 

Closed Committee commenced at 8:45 pm.  The public and media left the meeting.

 

CLOSED COMMITTEE

120

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

1.       Resolve into Closed Committee to consider the business identified above.

2.       Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

3.       The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

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

Against the Motion was Nil (Total 0).

 

Open Council resumed at 8:55pm.  

 

Confidential Items

 

The General Manger read the recommendations of the Item/s considered in Closed Committee prior to Council’s consideration:

 

Officer Report for Determination No. 80

SUBJECT: Senior Staff Matter

121

RESOLVED on the motion of Councillors Palmer and Bennison that Council note the General Manager consulted with Council in relation to this senior staff matter and reported pursuant to Section 339 of the Local Government Act Senior Staff contracts.

 

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 8:57pm

 

Confirmed at the Ordinary Council Meeting of 21 September 2020, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

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