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Minutes

Ordinary Council Meeting

21 September 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 21 September 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.

 

DECLARATIONS OF INTEREST: Nil

 

APOLOGIES 

Apologies be received on behalf of Councillor D. Hutchens.

122

RESOLVED on the motion of Brooks-Horn and Strassberg 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.

 

SUSPENSION OF STANDING ORDERS

123

RESOLVED on the motion of Councillors Strassberg 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

Ajaya Jayarao of Northwood in relation to acquisition of property for a roundabout at Northwood Rd

Guy Freeland of St Leonards in relation to the final St Leonards Crows Nest 2036 Plan

Nina Baulch of Lane Cove in relation to public lap swimming in the new pool

Gay Hawkins of Lane Cove in relation to public lap swimming in the new pool

RESUMPTION OF STANDING ORDERS

124

RESOLVED on the motion of Councillors Strassberg and Brooks-Horn 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 - 17 AUGUST 2020

125

RESOLVED on the motion of Brooks-Horn and Strassberg that the minutes of the Ordinary Council meeting held on the 17 August 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).

126

RESOLVED on the motion of Brooks-Horn and Zbik that the minutes of the Ordinary Council meeting held on the 17 August 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).

 

Orders Of The Day

 

The Mayor sent her sympathies to former Lane Cove Mayor, Ros Baxter, whose husband Phillip Baxter sadly passed away on 02 September 2020. Ros Baxter served as Mayor between 1981 and 1984 and served on Council for 21 years from 1974.

 

The Mayor advised the Resignation of Mayor Mark Bennett from Hunters Hill Council. Mayor Bennett completed a three (3) year term but was not able to continue due to family reasons. Mayor Palmer congratulated Mayor Bennett for his success as Mayor and thanked him for his friendly and collaborative dealings with Lane Cove. The new Mayor of Hunters Hill Council is Clr Ross Williams.

 

Councillor Bennison thanked NSW State Government for their handling of the COVID-19 pandemic, particularly the medical agencies and personnel for their service.

 

The Mayor sent her best wishes to Jane Gornall, Executive Manager Human Services, who was not in attendance as she was in hospital.

 

Notices of Motion

 

Notice of Motion - Lane Cove Market Square Car Park Indication Signs

127

RESOLVED on the motion of Councillors Brooks-Horn and Bennison that the General Manager investigate a new car park management system, including light indicators over car spots, accurate indicator signage and report back to Council with costs, designs, timeline for installation with a view to funding the works in the 2021/22 Budget.

 

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

Against the Motion was Nil (Total 0).

 

Notice of Motion - River Road West/ Longueville Road/ Northwood Road Intersection

128

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

1.    Undertake detailed design of Stage 2 of the intersection upgrade at River Road West/Longueville Road/Northwood to solve congestion issues; and

2.    Contact the State Member for Lane Cove the Hon Anthony Roberts MP to seek additional funding.

 

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

Against the Motion was Nil (Total 0).

 

Notice of Motion - St Leonards South Development Control Plan

129

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

1.       Council publish the Draft St Leonard’s South Development Control Plan, once it has been prepared, in the hot topics section on Council’s website to give the community an extended opportunity to view it prior to the Ordinary Council Meeting scheduled for 19th October 2020.

2.       the following points be noted in resolving any uncertainty, ambiguity, or perceived conflict between Council’s LEP and DCP:

a)         Section  7.6 of Lane Cove Local Environmental Plan 2009 (Amendment No. 25) [NSW] titled ‘Design excellence – St Leonards South Area’ and in particular clause 4 (f) states that the consent authority MUST have regard to the requirements of the Lane Cove Development Control Plan”.

b)         Therefore, the proposed storey height controls contained in Council’s Development Control Plant (DCP) due for consideration at its meeting in October 2020, are reinforced by reference to section 7.6 of Lane Cove Local Environmental Plan 2009 (Amendment No. 25) [NSW].

 

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

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

Election of Deputy Mayor and Councillor Representation on Council & External Committees for 2020 - 2021

130

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

1.   Council conduct the Election for the Deputy Mayor for the next 12 months;

2.   If two (2) or more nominations are received for Deputy Mayor, the election proceed by open voting;

3.   Council maintain existing Councillor representation and membership of the Advisory Committees until the end of the Council term in September 2021;

4.   It be noted that the Mayor is an ex-officio on all Council Advisory Committees any available Councillor may attend Internal Advisory Committees; and

5.   Council authorise all Councillor representatives on Internal Advisory Committees to arrange an alternate as required.

 

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

Against the Motion was Nil (Total 0).

 

ELECTION OF DEPUTY MAYOR FOR 2020-2021

Council’s General Manager in the capacity of Returning Officer, advised that one (1) nomination has been received for Deputy Mayor for the next year, being Councillor Strassberg.

As there were no other nominations received, the General Manager declared Councillor Strassberg elected as Deputy Mayor for the next year.

 

 

 

Petition for Public Lap Swimming in the Newly Developed Outdoor Pool

131

RESOLVED on the motion of Councillors Zbik and Morris that Council:-

1.    Requests Bluefit to introduce a booking system for the 50m outdoor pool in the periods, Monday to Friday 5.30am - 8.30am and in the afternoon 3.30pm - 6.00pm;

2.    Requests Bluefit to set aside a minimum of three lanes in the 50m pool for casual lap swimming (excluding walkers and recreational play swimming), with the remaining lanes to be demand managed;

3.     A further report be submitted to Council after the end of the Summer swimming season to ascertain if any further changes are to be made and the report is to include statistics of participation on all users of the pool including Swim Clubs, Squads, casual lap swimming and other organised swimming activities;

4.    Statistics for the number of casual lap lane bookings be included in the Monthly Council Snapshot;

5.    The booking allows for an hour per time slot in line with other pools;

6.    If the system has to be varied that a report come to the next Council Workshop to be considered; and

7.    The head petitioner be notified.

 

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

Against the Motion was Nil (Total 0).

 

Proposed Public Art Project in Birdwood Lane

132

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

1.   Undertake a Village Public Art Program as outlined in the report;

2.   Utilise Section 67 of the Local Government Act, Private works to implement the program at no cost to property owners for the works, as the Art will be of benefit to the broader community by improving the amenity of the area; and

3.   Receive a report before the project works commence in compliance with the Local Government Act 1993 – Section 67(2)(b) Private Works.

 

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

Against the Motion was Nil (Total 0).

 

Renewal of Temporary Alcohol Free Zones for New Years Eve

133

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

1.    Pursuant to Section 632A and Section 644 of the Local Government Act, 1993 the proposal to declare the areas attached as AT-1 Alcohol Free Zones and Alcohol Prohibited Areas 2020-2025 be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report; and

2.   A further report be submitted to Council following the exhibition period to consider the results of the community consultation.

 

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

Against the Motion was Nil (Total 0).

 

Alcohol Free Zones in Parks &  Reserves , Lane Cove Plaza & THE Canopy and St Leonards Central Business District

134

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

1.   Pursuant to Section 632A and Section 644 of the Local Government Act, 1993 the proposal to declare the areas as Alcohol Free Zones and Alcohol Prohibited Areas (excluding New Year’s Eve) together with the proposed introduction of a permit system that exempts public bookings from the 8pm restriction, be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report; and

2.   A further report be submitted to Council following the exhibition period to advise and consider the results of the community consultation.

 

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

Against the Motion was Nil (Total 0).

 

Planning Proposal St Leonards Over-Rail Plaza - Post Exhibition

135

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

1.   Adopt Planning Proposal 37 to amend Schedule 1 of the Lane Cove Local Environmental Plan 2009 to permit development without consent on the area shown on the Additional Permitted Uses Map for the purposes of a Recreation Area;

2.   Delegate authority to the General Manger to finalise the above LEP amendment in accordance with the Gateway Determination; and

3.   Advise the Department of Planning, Industry and Environment accordingly of Council’s resolution for their information regarding the outcome of 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).

 

 

1 Girraween Avenue DCP Amendment – Post-Consultation Report

136

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

1.    Adopt Development Control amendment for Part C - Locality 6 - Mowbray Precinct, drawing labelled "1 Girraween Avenue" attached as AT-1;

2.    Note that the 6m building setback should be increased to 9m from the southern boundary and it was agreed that the setback to the ramp be no less than 3m from the boundary; and

3.    Further amend the Lane Cove Draft DCP to state that "As many of the existing trees on-site as possible be retained, particularly mature natives, and where native trees are unavoidably removed, they shall be offset by similar species at a ratio of 2:1, on-site or elsewhere in the locality".

 

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

Against the Motion was Nil (Total 0).

 

 

Waste, Recycling & Green Waste Collection & Recycling Tender

137

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

1.   Contract United Resource Management Pty Ltd for the provision of waste, recycling and green waste collections and to act as an agent for recycling processing, such agency to guarantee the rates specified as maximums with any out performance shared 50:50 (between URM and Council), at the submitted prices, for 7 years plus up to a 3-year option;

2.   Contract SUEZ Recycling & Recovery Pty Ltd for the provision of green waste processing at the submitted prices for 7 years plus up to a 3-year option; and

3.   Authorise the General Manager to prepare and execute on behalf of Council the contracts with United Resource Management Pty Ltd and SUEZ Recycling & Recovery Pty Ltd for the services described in their Tenders, as amended, for the services described in (1) and (2).

 

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

138

RESOLVED on the motion of Councillors Brooks-Horn and Vissel that Council submit the following motions for debate at the 2020 Local Government NSW Annual Conference:

Ÿ  Environmental Planning and Assessment (Local Infrastructure Contributions – Timing of Payments) Direction 2020;

Ÿ  Vexatious Residents;

Ÿ  Arts Stimulus Funding; and

Ÿ  Noise complaints generation from park activities.

 

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 August 2020

139

RESOLVED on the motion of Councillors Brooks-Horn and Vissel 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 8:43pm 

 

Confirmed at the Ordinary Council Meeting of 19 October 2020, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

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