Ordinary Council Meeting
7 December 2020,7:00pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council 7 December 2020
Minutes
PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor K. Brent, Councillor D. Brooks-Horn, 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, Executive Manager – Human Services, Coordinator – Strategic Planning and Office Manager, Corporate Services.
DECLARATIONS OF INTEREST:
Councillor Bennison declared a non-pecuniary interest that is non-significant in relation to a matter he intends to raise under Orders of the Day regarding Council’s Tree of Joy allowing donations for Delvina Women’s Refuge, as the child of one of his employees has collected donations. He indicated he would debate and vote on the matter.
Councillor Zbik declared a non-pecuniary interest that is non-significant in relation to the ‘Traffic Committee - November 2020’ as he has a relative who lives on Centennial Ave. He indicated he would debate and vote on the matter.
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.
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. 139 |
SUBJECT: Voluntary Acquisition - 194 River Road, Northwood It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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 and discloses the valuation information in relation to the property purchase. |
No members of the public made representations.
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RESOLVED on the motion of Councillors Palmer and Strassberg that Council:- 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. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
Closed Committee commenced at 6:50 pm.
Open Council resumed at 7:00 pm.
The General Manger read the recommendations of the Item considered in Closed Committee prior to Council’s consideration:
Oliver Chang of St Leonards in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Grace Jianqing Liang of Lane Cove North in regards to the Traffic Committee Report - November 2020
Jianqing Liang of Lane Cove North in regards to the Traffic Committee Report - November 2020
Cassandra Bayley of Lane Cove North in regards to the Traffic Committee Report - November 2020
Guy Freeland of St Leonards in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Tony Hill of Martin Place Sydney in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Y F Adrian Chau of St Leonards in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Tony Leung of Barrack Street Sydney in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Jacqueline Parker of Pitt Street Sydney in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Alex Yim of Chifley Square Sydney in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Paul Walter of St Leonards in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Don Murchison of Greenwich in regards to Rebuilding Council ovals with compost, mist irrigation & stormwater storage tanks
Jacky Barker of Lane Cove in regards to various items
Richard Ash of St Leonards in regards to 46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38
Lachlan Rothheudt of Lane Cove in regards to the Traffic Committee Report - November 2020
CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 NOVEMBER 2020 |
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RESOLVED on the motion of Councillors Zbik and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 16 November 2020 be received. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
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RESOLVED on the motion of Councillors Zbik and Brent that the minutes of the Ordinary Council meeting held on the 16 November 2020 be confirmed. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
Councillor Palmer noted the passing of Greenwich resident Philip Dulhunty. Philip was awarded the Medal of the Order of Australia in 2004 for service to international trade through the design, manufacture and export of equipment for large high voltage electric systems, and to aviation, particularly through the Seaplane Pilots Association of Australia. Philip was well known for his seaplane moored outside his house. He kept his pilot's license until he was 90 years old, regularly taking off along the Harbour. He ran his office from premises in Lane Cove village. He recently presented Councillor Palmer with a copy of his autobiography “Never a Dull Moment” which will be donated to Lane Cove Library.
Councillor Palmer advised Council of the passing of another well-known Greenwich resident, Jill Pain. Jill was the much-loved Director of the Greenwich kindergarten for many years. She was also a passionate advocate for and protector of Lane Cove’s local bushland.
Councillor Bennison suggested Council provide a sub category of the Tree of Joy to allow donations to directed to Delvina Women’s Refuge.
Councillor Bennison advised that he has resigned as the Council representative for Centrehouse and will take the role as treasurer.
Councillor Vissel commend Council staff on the opening concert for The Canopy.
The Mayor ruled the matter to be urgent.
Notice of Motion - Rebuilding Council Ovals with Compost - EPA Case Study |
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A motion was moved by Councillors Vissel and Zbik that Council:- 1. Invite Dr. Mick Battam, Chief Soil Scientist from AgEnviro Solutions to speak with staff on the methods, experience and outcomes of the composting of Sporting Ovals. 2. Dependant on the outcome, Council invite Dr. Mick Battam, Chief Soil Scientist from AgEnviro Solutions to speak at a Councillor’s Workshop on the methods, experience and outcomes of the composting of Sporting Ovals. |
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Amendment An Amendment was moved by Councillors Brent and Palmer that Council invite Dr. Mick Battam, Chief Soil Scientist from AgEnviro Solutions to speak with staff on the methods, experience and outcomes of the composting of Sporting Ovals. |
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The amendment was withdrawn. |
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Amendment An Amendment was moved by Councillors Bennison and Brooks-Horn that Council:- 1. Invite Dr. Mick Battam, Chief Soil Scientist from AgEnviro Solutions to speak with staff on the methods, experience and outcomes of the composting of Sporting Ovals. 2. The staff assess the health risks, cost and downtime of composting the ovals. |
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POINT OF ORDER A Point of Order was raised by Councillor on whether part 2 of the amendment is covered by point 1 of the amendment. The Mayor ruled that the amendment is covered by point 1 so therefore point 2 of the amendment was removed. |
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REVISED AMENDMENT An Amendment was moved by Councillors Bennison and Brooks-Horn that Council invite Dr. Mick Battam, Chief Soil Scientist from AgEnviro Solutions to speak with staff on the methods, experience and outcomes of the composting of Sporting Ovals. |
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The revised amendment was withdrawn. |
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Upon being put to the meeting the motion was declared carried. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
Notice of Motion - Installation of Mist Fans/Sprayers on Council Property |
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the General Manager: 1. Develop a provision in respect to Council commercial licenses in Lane Cove Plaza that allows for the installation of mist fans/sprayers on our property having regard to: a) process of application; b) who pays for the product, installation and operating cost; c) responsibility of maintenance; d) make good; e) other issues impacting the license; and f) Councils commitment to energy and water reduction targets. 2. Notify the relevant tenants of our new provision; and 3. Delegate authority to the General Manager to process applications. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
Officer Reports for Determination
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A motion was moved by Councillors Strassberg and Brent that Council note:- 2. StateCover, Council’s workers compensation insurer has reaffirmed that Council owes a duty of care to staff under the Work Health and Safety Act 2011 to take reasonable care for their physical and psychological safety and recommends the oval be made an on-leash dog exercise area during staff working hours; and 3. The General Manger, to ensure physical and psychological safety of staff in the workplace, will undertake the following course of action: a. Continue the opening and closing of the gates at Kingsford Smith Oval utilising Council staff during the staff work hours, 6:30am to 3:30pm Monday to Friday; b. Continue using the flag system at Kingsford Smith Oval for both entire oval bookings, cricket net bookings and selected maintenance works; c. Undertake further community education in relation to the arrangements at Kingsford Smith Oval, the reasons for them and encouraging further improvement in user behavior; and d. If dog related incidents continue to occur at Kingsford Smith Oval (including verbal abuse towards Council staff), advice be obtained from StateCover; and the Councillors and community be advised in advance of the change to a designated on-leash area during the staff working hours. |
46-52 Nicholson Street and 57-67 Christie Street, St Leonards - Planning Proposal 38 |
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council:- 1. Support in principle an LEP amendment with a revised built form, with a reduced height of 26 storeys (RL 175.2), and FSR of 15:1. 2. Note the amended proposal includes revised setbacks and street wall heights to Nicholson Street, Christie Street and southern boundary; 3. Seek advice on the Planning Proposal from the Local Planning Panel on 17 December 2020; 4. Delegate authority to the General Manager, upon receiving the Local Planning Panel advice from the Planning Proposal, to determine whether to seek Gateway Determination from the Department of Planning, Industry and Environment. 5. Notwithstanding, its ‘in principle support’, receive a report to the February meeting regarding the proposal’s intended compliance with the DCP with respect to car parking, for the following reasons: a. St Leonards South has no capacity for on-street parking of employee commuters; b. From experience, commercial car parking in built up areas is about one car park per 100sqm, and this only caters for one principal of the business; c. the applicants car parking proposal is unrealistic and restrictive in attracting smaller tenancies; and d. Staff will occupy local parking stations thereby taking parking away from residents and visitors to local businesses. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg and Zbik (Total 6). Against the Motion was Councillor Vissel (Total 1). |
Councillor Daniel Strassberg left the meeting, the time being 09:51 pm
Councillor Daniel Strassberg returned to the meeting, the time being 09:52 pm
Councillor Scott Bennison left the meeting, the time being 09:54 pm
Councillor Scott Bennison returned to the meeting, the time being 09:56 pm
2036 PLAN |
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A motion was moved by Councillors Zbik and Vissel that Council:- 1. Urgently write to the Minister for Planning (copied to the relevant State and Federal local MPs) seeking immediate amendments to the final adopted 2036 Plan to return the maximum heights which were increased following community consultation and exhibition of the Draft 2036 Plan to the exhibited heights. The letter to the Minister include a submission particularly with reference to the significant adverse amenity impacts of the proposed massive increase in heights along Christie Street and Nicholson Street; and 2. Review its in principle support for Planning Proposal Number 38 should the Minister for Planning revise and reduce the maximum heights of the St Leonards and Crows Nest 2036 Plan. |
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Upon being put to the meeting the matter was declared lost. |
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For the Motion were Councillors Vissel and Zbik (Total 2). Against the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn and Strassberg (Total 5). |
Councillor David Brooks-Horn left the meeting, the time being 10:20 pm
Councillor Scott Bennison left the meeting, the time being 10:20 pm
Councillor Scott Bennison returned to the meeting, the time being 10:20 pm
Councillor David Brooks-Horn returned to the meeting, the time being 10:23 pm
St Leonards South - Revised Draft Section 7.11 Contributions Plan (re-exhibition) this item was recommitted |
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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that Council:- 1. Publicly exhibit the amended Section 7.11 Contributions Plan for the St Leonards South area, as stated in the Consultation Strategy in this report; 2. A further report be submitted to Council on the results of the consultation process; and 3. Delegate authority to the General Manager to exhibit for 42 days, with any Development Application for the St Leonards South precinct, a VPA whose incentives accord with Council’s previously adopted incentives contained in the DCP for each Area, and a report be submitted to Council with the results of the consultation for consideration prior to determination of that Development Application. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
Sustainability Small Grants - Round 20 - Greenwich Public School |
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RESOLVED on the motion of Councillors Zbik and Vissel that Council:- 1. Approve the funding from the Sustainability Small Grants Program for Greenwich Public School to the value of $4,997.50; and 2. Give Public Notice of the proposed funding under Round 20 of the Sustainability Small Grants Program, and subject to no objections being received, grant the funds as outlined above. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
The Canopy - Commendation Planning Institute of Australia (NSW) Awards for Planning Excellence 2020 |
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RESOLVED on the motion of Councillors Vissel and Brooks-Horn that the report be received and noted. |
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For the Motion were Councillors Palmer, Bennison, Brent, Brooks-Horn, Strassberg, Vissel and Zbik (Total 7). Against the Motion was Nil (Total 0). |
CLOSE
The meeting closed at 10:59pm.
Confirmed at the Ordinary Council Meeting of 15 February 2021, at which meeting the signature herein is subscribed.
MAYOR