PRESENT:
Councillor A. Zbik (Mayor), Councillor S. Bennison, Councillor D. Brooks-Horn,
Councillor K. Bryla (online), Councillor R Flood, Councillor B. Kennedy,
Councillor K. Mort, Councillor D. Roenfeldt, Councillor M. Southwood.
ALSO PRESENT: General Manager, Executive Manager
– Corporate Services, Executive Manager – Environmental Services,
Executive Manager – Open Space & Urban Services, Executive Manager
– Human Services and Minute Taker.
DECLARATIONS OF INTEREST:
Councillor
Brooks-Horn declared a non-pecuniary conflict of interest that is significant
in relation to Item 8 ‘Progression of a Sport and Recreation
Facility’ as his good friend lives in close proximity to the proposed
facility. He indicated he would vacate the meeting and not debate or vote on
the item.
Councillor Bennison declared a non-pecuniary conflict of
interest that is non-significant in relation to Item 1 ‘Update on the
Long Term Lease of 266 Longueville Rd to Design, Construct and Operate a
Seniors Living Village’ as he is an authorised representative of
Australian Unity. He indicated he would not vacate the meeting
and would debate and vote on the item.
Councillor Flood declared a non-pecuniary conflict of
interest that is non-significant in relation to Item 5 ‘Plant
Protein Procurement Report’ as she works for an animal welfare
charity. She indicated she would not vacate the meeting and
would debate and vote on the item.
Councillor Mort entered the meeting at 7:03pm.
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APOLOGIES
Nil
Councillor Bryla requested
that she virtually attend the meeting via Zoom.
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44
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RESOLVED on the motion of
Councillors Bennison and Brooks-Horn that the request to virtually attend the
meeting be granted.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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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.
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Procedural Motion
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45
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RESOLVED on the motion of Councillors Bennison and Roenfeldt that item
1 ‘Update on the Long Term Lease of
266 Longueville Rd to Design, Construct and Operate a Seniors Living
Village’ to be considered in Closed Committee be
considered as the last item of business after the conclusion of the public
meeting.
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For the
Motion were Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla,
Bennison, Brooks-Horn and Mort (Total 9).
Against the
Motion was Nil (Total 0).
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PUBLIC
FORUM
Online
1.
Alan Lenehan of Lane Cove in relation to
the Closed Agenda Item 1, Update on the long term lease of 266 Longueville Rd
to Design, Construct and Operate a Seniors Living village;
2.
Tammy Marshman of Lane Cove in relation
to the Closed Agenda Item 1, Update on the long term lease of 266 Longueville
Rd to Design, Construct and Operate a Seniors Living village;
3.
Darvan Sinnetamby of Lane Cove in
relation to the Closed Agenda Item 1, Update on the long term lease of 266
Longueville Rd to Design, Construct and Operate a Seniors Living village;
4.
John Fegan of Northwood in relation to
Agenda Item 7, Bob Campbell Oval Masterplan Redesign - Procurement of Landscape
Architectural Consultants;
5.
Margaret Curley of Northwood in relation
to Agenda Item 7, Bob Campbell Oval Masterplan Redesign - Procurement of
Landscape Architectural Consultants;
6.
Damian Beasley of Riverview in relation
to Agenda Item 8, Progression of a Sport and Recreation Facility;
7.
Jennifer Schneller of Northwood in relation
to Agenda Item 7, Bob Campbell Oval Masterplan Redesign - Procurement of
Landscape Architectural Consultants, Agenda Item 8, Progression of a Sport and
Recreation Facility and Agenda Item 13, Proposed Voluntary Planning Agreement
for Area 5 - 13-19 Canberra Avenue, St Leonards - St Leonards South Precinct;
8.
Ianthe Pieterzs of Lane Cove in relation
to the Closed Agenda Item 1, Update on the long term lease of 266 Longueville
Rd to Design, Construct and Operate a Seniors Living village; and
9.
Simon Kennedy of Lane Cove in
relation to Agenda Item 8, Progression of a Sport and Recreation Facility.
In Person
10. James Mullan of Greenwich in relation to Lane Cove Golf Course
Redevelopment and the potential indoor sports centre;
11. Jacky Barker of Lane Cove in relation to the Closed Agenda Item 1,
Update on the long term lease of 266 Longueville Rd to Design, Construct and
Operate a Seniors Living village and Agenda Item 10, Creation of a St Leonards
South Coordination Unit -Further Report;
12. Ajaya Jayarao of Northwood in relation to the Closed Agenda Item 1,
Update on the long term lease of 266 Longueville Rd to Design, Construct and
Operate a Seniors Living village; and
13. Martin Hirst of St Leonards in relation to Agenda Item 13, Proposed
Voluntary Planning Agreement for Area 5 - 13-19 Canberra Avenue, St Leonards -
St Leonards South Precinct.
Written Submissions
No written submissions were received.
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CONFIRMATION OF MINUTES OF ORDINARY
COUNCIL MEETING - 21 FEBRUARY 2022
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46
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RESOLVED on the motion of
Councillors Southwood and Kennedy that the minutes of the Ordinary Council
meeting held on the 21 February 2022 be received.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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47
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RESOLVED on the motion of
Councillors Roenfeldt and Bennison that the minutes of the Ordinary Council
meeting held on the 21 February 2022 be confirmed.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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CONFIRMATION OF MINUTES OF EXTRAORDINARY
COUNCIL MEETING - 28 FEBRUARY 2022
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48
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RESOLVED on the motion of
Councillors Brooks-Horn and Bennison that the minutes of the Extraordinary
Council meeting held on the 28 February 2022 be received.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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49
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RESOLVED on the motion of
Councillors Bennison and Southwood that the minutes of the Extraordinary
Council meeting held on the 28 February 2022 be confirmed.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Orders Of The Day
Nil
Notices of Motion
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Notice of Motion - Thrive by Five Universal
Childcare
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50
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RESOLVED on the motion of
Councillors Flood and Kennedy that Council defer consideration of the matter
to allow discussion of the matter at the next Councillor Workshop and the
matter be resubmitted to the April Council meeting:-
“1. Endorse the Thrive by
Five campaign to support high-quality, universally accessible and affordable
early learning and childcare;
2. Formally advises Local Government NSW
and the Australian Local Government Association, that Council has endorsed
the Thrive by Five campaign and supports the Associations in their
involvement in the campaign;
3. Write to our Federal Member Trent
Zimmerman, Prime Minister Scott Morrison, the Leader of the Opposition
Anthony Albanese, the Minister for Education and Youth Alan Tudge, the Shadow
Minister for Early Childhood Education and Youth Amanda Rishworth & our
local Federal Member(s) of Parliament, seeking bipartisan support for the
campaign’s objectives; and
4. Endorse the distribution and display of
the Thrive by Five information on Council premises, primarily in childcare
centres, as well as involvement in any relevant actions arising from the
initiative.”
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Notice of Motion - Plant Protein Procurement
Report
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MOTION
A motion was moved by Councillors
Flood and Kennedy that Council
ensures plant-based proteins are included in catering for all Council events
and venues.
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AMENDMENT
An amendment was moved by
Councillors Bennison and Brooks-Horn that Council undertake consultation with
the community to determine if they would like plant-based proteins included
in catering for all Council events and venues.
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Upon being put to the meeting the Amendment was declared
lost.
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For the Motion were
Councillors Bennison and Brooks-Horn (Total 2).
Against the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla and Mort (Total
7).
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51
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Upon being put to the meeting the
Motion was declared carried.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Notice of Motion - Report Into Affordable
Council Childcare
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MOTION
A motion was moved by
Councillors Flood and Southwood that Council:-
1. Include in the draft Community Strategic Plan a goal to
“support the provision of affordable childcare services that meet the
needs of our community”;
2. Provide a report to the May Ordinary Council meeting that:-
a. Outlines options for means tested subsidies from council for low
income local families to improve the affordability of childcare options at
Kindy Cove. Include forecasted budget impacts over the first year, and for
five years thereafter;
b. Outlines the feasibility of expanding the number of places on
offer at Kindy Cove to further accommodate dedicated subsidised places; and
c.
Provides details on when contracts outsourcing
the management of other council owned childcare facilities are up for
renewal.
3. Resolves to monitor for updates on plans for universal childcare
at either State or Federal level and undertakes to make submissions to
inquiries if opportunities are available; and
4. Notes that the outcome of the Federal Election in May 2022 could
result in new policies that may impact the provision of affordable childcare
in Lane Cove.
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AMENDMENT
An amendment was moved by
Councillors Zbik and Bennison that Council:-
1. Include in the draft Community Strategic Plan a goal to
“support the provision of affordable childcare services that meet the
needs of our community”;
2. Following the result of the Federal election being finalised,
Councillors receive a briefing on how anticipated Federal and/or State
Government policies may impact the provision of affordable childcare in the
Lane Cove LGA;
3. Monitor for updates on plans for universal childcare at either
State or Federal level and undertakes to make submissions to inquiries if
opportunities are available; and
4. Notes that the outcome of the Federal Election in May 2022 could
result in new policies that may impact the provision of affordable childcare
in Lane Cove.
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Upon being
put to the meeting the Amendment was declared carried and became the motion.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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AMENDED
MOTION
Councillors
Zbik and Bennison amended their motion, that Council:-
1. Include in the draft Community Strategic Plan a goal to
“support the provision of affordable childcare services that meet the
needs of our community”;
2. Following the result of the Federal election being finalized,
Councillors receive a briefing on how anticipated Federal and/or State
Government policies may impact the provision of affordable childcare in the
Lane Cove LGA; and
3. Monitor for updates on plans for universal childcare at either
State or Federal level and undertakes to make submissions to inquiries if
opportunities are available.
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52
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Upon
being put to the meeting the Amended Motion was declared carried.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Bob Campbell Oval Masterplan Re-design -
Procurement of Landscape Architectural Consultants
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53
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RESOLVED on the motion of
Councillors Brooks-Horn and Mort that:-
1. Council accept the quote from Taylor
Brammer Pty Ltd for $37,000; and
2. Authorise the General Manager to engage
Taylor Brammer Pty Ltd to undertake the Master Plan design.
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For the Motion were Councillors Zbik, Southwood,
Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn and Mort (Total 8).
Against the Motion was Councillor Bennison (Total 1).
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Councillor David Brooks-Horn left the meeting, the time
being 08:47 PM
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Progresssion of a Sport and Recreation
Facility
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MOTION
A Motion was moved by
Councillors Zbik and Southwood that Council:-
1. Endorse the
proposed activities and indicative time frames for a
facility to meet the demand for indoor sporting facilities in the Lane Cove
area;
2. Replace the
community workshop on possible alternate solutions with an online survey;
3. The status
report to Council in May 2022 include the outcomes of the community workshop
on the business case and community survey on alternative locations;
4. Remove the
requirement to refer to the design review panel if it impacts on the overall
timeframe;
5. Request the final
report to come back to Council by 15 August 2022 or earlier if possible; and
6. Council affirms that is also pursuing additional capacity to meet
the short-term training requirements of netball.
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FORESHADOWED MOTION
A Foreshadowed Motion was
moved by Councillors Bennison and Mort that Council:-
1. Not proceed with recommendation SU7396 – 14305/22,
Progression of a Sport and Recreation Facility;
2. Review DA 64/2021 that was withdrawn at the extraordinary meeting
of 28 February 2022; and
3. Prepare a report to Council on alternative options for traffic
entering and exiting the facilities.
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54
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Upon being put to the meeting the Motion
was declared carried.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood and Bryla (Total 6).
Against the Motion were
Councillors Bennison and Mort (Total 2).
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The Foreshadowed Motion
lapsed.
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Councillor David Brooks-Horn returned to the meeting, the
time being 09:21 PM
Councillor Scott Bennison left the meeting, the time being
09:21 PM
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Naming of St Leonards New Green Space
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55
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RESOLVED on
the motion of Councillors Roenfeldt and Kennedy that:-
1.
Council endorse the shortlisted place names for St Leonards New Green
Space for the purpose of further community consultation;
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, review the community feedback and report the selected name
to Council.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn
and Mort (Total 8).
Against the Motion was Nil
(Total 0).
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Councillor Scott Bennison returned to the meeting, the time
being 09:26 PM
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Creation of a St Leonards South Coordination
Unit - Further report
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56
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RESOLVED on the motion of
Councillors Southwood and Roenfeldt that:-
1.
Council receive and note the report; and
2.
Defer to the April meeting consideration of recommended actions
arising from this report to Council to allow for further consideration by
council officers of Minute 20 of the Ordinary Council Meeting, 21 February
2022.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Rates - Additional Special Variation for
2022-23
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57
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RESOLVED on the motion of
Councillors Bennison and Roenfeldt that Council endorse making application to
the Independent Pricing and Regulatory Tribunal, under Section 508(2) of the
Local Government Act, 1993, for a permanent single year Special Rate
Variation of 2.0% (including the rate peg of 0.7%) for the 2022/23 financial
year.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Lane Cove Community Land Plan of Management
(Crown Reserves with Council Manager)
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58
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RESOLVED on the motion of
Councillors Flood and Bennison that:-
1. Council
proceed to exhibit the updated “Plan
of Management (Crown Reserves with Council Manager) dated 8/10/2021 (AT-1) for the use and management of community land in the
Lane Cove Local Government Area for a period of six weeks as per the
consultation strategy outlined in the report; and
2. Upon completion of the public exhibition, a report be submitted to
Council outlining the results of submissions for consideration by Council.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Proposed
Voluntary Planning Agreement for Area 5 - 13-19 Canberra Avenue, St Leonards
- St Leonards South Precinct
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59
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RESOLVED on the motion of
Councillors Bennison and Zbik that:-
1. Council receive and note the report;
2. Council enter into a Voluntary Planning Agreement with SLS Five
Pty Ltd as trustee for SLS Five Trust in respect of the development of
Area 5 (13-19 Canberra Avenue St Leonards) at the St Leonards South Precinct;
and
3. The General Manager review the trustee assignment provisions of
the VPA and be authorised to finalise the wording of the proposed Voluntary
Planning Agreement and sign the Agreement on behalf of Council.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison, Brooks-Horn
and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Review of Organisation Structure
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60
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RESOLVED on the motion of
Councillors Bennison and Brooks-Horn that Council:-
1. Determine
the Organisation Structure to be as detailed in AT-1; and
2. Determine
the positions of Executive Manager, Open Space & Urban Services; Human
Services; Environmental Services and Corporate Services as senior staff
positions within the organisational structure.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Pecuniary Interest Returns 2022
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61
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RESOLVED on the motion of Councillors
Bennison and Kennedy that Council note
the report and tabling of Pecuniary Interest Returns of Designated Staff and
Councillors for the return period 1 July 2021 to 11 March 2022.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Council Snapshot February 2022
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62
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RESOLVED on the motion of
Councillors Flood and Brooks-Horn that the report be received and noted.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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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:
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Update
on the Long Term Lease of 266 Longueville Rd to Design, Construct and Operate
a Seniors Living Village.
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.
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PROCEDURAL MOTION - CLOSED
COMMITTEE
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A motion was
moved by Councillors Roenfeldt and Brooks-Horn 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; and
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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Jacky Barker of Lane Cove
addressed Council in relation to Agenda Item 1, Update on the long term lease
of 266 Longueville Rd to Design, Construct and Operate a Seniors Living
village, and requested Council published the decision of Closed
Committee on the public website as soon as possible on the day following the
meeting, Tuesday 22 March 2022.
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63
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The motion was put to the
meeting and was declared carried.
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For the Motion were
Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison,
Brooks-Horn and Mort (Total 9).
Against the Motion was Nil
(Total 0).
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Procedural Motion - ADOURNMENT
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64
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RESOLVED on the motion of Councillors Zbik and Roenfeldt that Council
adjourn for 5 minutes.
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For the
Motion were Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla,
Bennison, Brooks-Horn and Mort (Total 9).
Against the
Motion was Nil (Total 0).
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Closed Committee commenced at 9:52pm. The public and media were absent from the chamber.
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Update on the Long Term Lease of 266 Longueville Rd to Design, Construct
and Operate a Seniors Living Village.
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Open
Council resumed at 10:57pm to allow for extension of the meeting beyond
11pm. The public and media were invited into the
chamber.
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Procedural Motion – closed committee
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65
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RESOLVED on the motion of Councillors
Zbik and Kennedy 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.
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For the
Motion were Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla,
Bennison, Brooks-Horn and Mort (Total 9).
Against the
Motion was Nil (Total 0).
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Closed
Committee recommenced at 10:59pm. The public
and media left the chamber.
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Update on the Long Term Lease of 266 Longueville Rd to Design,
Construct and Operate a Seniors Living Village.
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Open
Council resumed at 11:05pm. The public and
media were invited into the chamber.
Confidential Items
The General Manger read the recommendation of the Item
considered in Closed Committee prior to Council’s consideration:-
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Update on the Long Term Lease of 266
Longueville Rd to Design, Construct and Operate a Seniors Living Village.
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66
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RESOLVED on the motion of
Councillors Flood and Kennedy that Australian Unity be advised that Council:-
1. Does not agree
to vary the Lease and Agreements For Lease terms;
2. Expects
Australian Unity to meet its legal obligations;
3. Authorise the
General Manager to write to Australian Unity on a without prejudice basis to explain
Council’s legal position and seeking to resolve the dispute; and
4.
Authorise the General Manager and Mayor to determine an outcome
acceptable to Council in respect of the dispute resolution processes and
advise councillors of the proposal prior to finalisation.
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For the Motion were Councillors
Zbik, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Bennison, Brooks-Horn and
Mort (Total 9).
Against the Motion was Nil (Total 0).
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The meeting closed at 11:07pm.
Confirmed at the Ordinary Council Meeting of 19 April 2022,
at which meeting the signature herein is subscribed.
MAYOR
********* END OF
MINUTES *********
