Minutes

Ordinary Council Meeting

20 September 2021, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

Ordinary Council 20 September 2021

Minutes

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, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Executive Manager – Human Services, Coordinator – Strategic Planning and Minute-Taker.

DECLARATIONS OF INTEREST:

Councillor Brooks Horn declared a non-pecuniary conflict of interest that is significant in relation to “Item 7 Traffic Committee – August 2021, Y2’, as the relocation of the bus stop on Kenneth St will be outside of the house of his friend’s neighbour. He indicated he would vacate the meeting and not vote debate or vote on the item.

APOLOGIES

Nil

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:

No members of the public made representations.

Mayoral Minute No. 8

SUBJECT: Mayoral Minute - General Manager's Performance Review for 2020/21

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.

CLOSED COMMITTEE
127	RESOLVED on the motion of Councillors Strassberg 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. 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, Strassberg, Bennison, Brent, Brooks-Horn, Zbik and Morris (Total 7). Against the Motion was Nil (Total 0). Absent Councillor Vissel (Total 1).

Closed Committee commenced at 6:30pm. No members of the public or media were present during the virtual (Zoom) Closed Committee Session.

Open Council resumed at 6:50pm.

Adjournment
128	RESOLVED A motion was moved by Councillors Palmer and Strassberg that upon resuming open session that Council be adjourned until 7.00pm
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Zbik and Morris (Total 7). Against the Motion was Nil (Total 0). Absent Councillor Vissel (Total 1).

RESUMPTION

Council resumed at 7.00pm. The public, staff and media were invited into the chamber. Councillor Vissel joined the meeting at 7.01pm.

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

The Mayor read the recommendations of the Item considered in Closed Committee prior to Council’s consideration:-

Mayoral Minute No. 8
SUBJECT: Mayoral Minute - General Manager's Performance Review for 2020/21
129	RESOLVED on the motion of Councillors Brent and Strassberg that the Recommendation from Closed Committee is:- 1. Endorse the Committee’s advice that the General Manager’s performance was outstanding in the majority of key activities and functions for 2020/21; 2. The General Manager's remuneration be as determined in Closed Session; and 3. Endorse the General Manager’s Performance Agreement 2021/22.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

SUSPENSION OF STANDING ORDERS
130	RESOLVED on the motion of Councillors Palmer and Strassberg 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, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

PUBLIC FORUM

Oliver Chang of St Leonards in relation to 46-52 Nicholson Street planning proposal;

Peter O'Meagher of St Leonards in relation to 46-52 Nicholson Street planning proposal;

Stephen Cox of Turner Architects Sydney in relation to 46-52 Nicholson Street planning proposal;

Maria O'Meagher of St Leonards in relation to 46-52 Nicholson Street planning proposal;

Alexander Chau of St Leonards in relation to 46-52 Nicholson Street planning proposal;

Adam Niland, son Olivier Niland of Lane Cove in relation to Blackman Park Skate Park (with short video);

Richard Ash of Liverpool Street Darlinghurst (Developer) in relation to Planning Proposal 38 - 46 Nicholson Street, St Leonards - Post Exhibition;

Jason Fraser   of Carrington Street Sydney (Architect) in relation to Planning Proposal 38 - 46 Nicholson Street, St Leonards - Post Exhibition;

Clare Swan of Sussex Street Sydney (Town Planner) in relation to Planning Proposal 38 - 46 Nicholson Street, St Leonards - Post Exhibition;

John Southwood of Greenwich in relation to the draft Annual Accounts;

Roderick Simpson of Greenwich in relation to Renewable Energy;

Merri Southwood of Greenwich in relation to Planning Proposal 38 - 46 Nicholson Street, St Leonards - Post Exhibition, Bob Campbell Oval and Renewable Energy;

Ralph Pliner of Greenwich in relation to Bob Campbell Oval;

Don Murchison of Greenwich in relation to Bob Campbell Oval access during Covid, unstable rockface at BCO, and bees poisoning;

Martin Cunningham of Greenwich in relation to Bob Campbell Oval;

Jacky Barker of Lane Cove in relation to Probity Document, Bob Campbell Oval and the Annual Report; and

Rochelle Flood of Lane Cove in relation to ‘Item 3 Vandalism of Council Property’.

Written submissions

Angela Gibson of Riverview in relation to the proposed magpie cull.

RESUMPTION OF STANDING ORDERS
131	RESOLVED on the motion of Councillors Brooks-Horn and Zbik that Standing Orders be resumed.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 AUGUST 2021
132	RESOLVED on the motion of Councillors Brent and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 16 August 2021 be received.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).
133	RESOLVED on the motion of Councillors Vissel and Strassberg that the minutes of the Ordinary Council meeting held on the 16 August 2021 be confirmed.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Procedural Motion
134	RESOLVED on the motion of Councillors Brent and Strassberg that item 4 ‘Election of Mayor, Deputy Mayor and Councillor Representation on Council & External Committees Until the Local Government Election in December 2021’, be moved to the last agenda item on the business paper.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel and Morris (Total 7). Against the Motion was Councillor Zbik (Total 1).

Orders Of The Day

Councillor Palmer advised Council that she received a letter from Felicity Wilson MP congratulating Council for promoting open green spaces for the community with the new plaza at St Leonards.

Notices of Motion

Notice of Motion - Blackman Park Skate Park
135	RESOLVED on the motion of Councillors Strassberg and Brent that Council investigate:- 1. An expansion of the skate park at Blackman Park having regard to the options put forward by users; and 2. A suitable location for a bike jumps park, similar to that in Castle Cove.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Vandalisation of Council Property
	A Motion was moved by Councillors Bennison and Brooks-Horn that Council:- 1. Report the matter to the local Police; and 2. Write to the Green’s candidate(s) requesting:- a.   Reimbursement to Council for the cost of removal; and b.   Educate their supporters that graffiti on Council owner property is vandalism and illegal.
	Upon being put to the meeting the Motion was declared lost.
	For the Motion were Councillors Bennison and Brooks-Horn (Total 2). Against the Motion were Councillors Palmer, Strassberg, Brent, Vissel, Zbik and Morris (Total 6).

Officer Reports for Determination

Planning Proposal 38 - 46 Nicholson Street, St Leonards - Post Exhibition
136	RESOLVED on the motion of Councillors Zbik and Vissel that Council:- 1. Receive and note the report; 2. Adopt Planning Proposal 38 for finalisation, with the following amendments:- a. Apply a maximum height of RL174.95; b. To not proceed with the change to the maximum floor space ratio map of 15:1; c. Apply a non-residential floor space ratio of 15:1 for the site; and d. Insert a site-specific requirement in the Local Environmental Plan for this site to achieve a commercial office building with a 6 Star Green Star rating, 5.5 Star NABERS Energy rating and 4 Star NABERS Water rating. Reason: To ensure that any proposed future development is only for the purposes of a commercial office building (via a non-residential floor space ratio) which is consistent with the State Government’s 2036 Plan. The sustainability targets are also consistent with the proponent’s proposal and Council’s objectives to achieve reduced emissions in line with its declaration of a Climate Emergency. 3. Table the alternative DCP proposal submitted by Turner Architects via letter dated 19 September 2021; 4. Adopt the site specific Development Control Plan (as shown in AT-7) in line with the Turner Architects letter dated 19 September 2021, including:- a. 16.5m tower setback from the southern boundary of 46 Nicholson Street; b. 6-storey Street wall Height to Nicholson Street site; and c. Maximum top-of-podium: RL100.65. 5. Delegate Authority to Council’s General Manager to finalise the LEP amendments in accordance with the above; and 6. Confirm receipt of the petition from the residents of the Jackson building at St Leonards Square provided to Councillors on 14 September 2021.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Tender for Supply of Electricity - 100% Renewable Energy
137	RESOLVED on the motion of Councillors Vissel and Zbik that:- 1.   The report be received and noted; 2.   Council authorise the General Manager to enter into a contract on behalf of Council with the preferred tenderer from the Southern Sydney Regional Organisation of Councils (SSROC) Request for Tender for the purchase of electricity utilising 100% renewal energy; and 3.   Council join Cities Race to Zero run by the COP26 Presidency and High-Level Climate Champions.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Councillor David Brooks-Horn left the meeting given his declaration of interest, the time being 08:41 PM.

Traffic Committee - August 2021
138	RESOLVED on the motion of Councillors Strassberg and Vissel that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 17 August 2021.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Vissel, Zbik and Morris (Total 7). Against the Motion was Nil (Total 0).

Councillor David Brooks-Horn returned to the meeting, the time being 08:43 PM.

2021 Australian Liveability Census - Place Score
139	RESOLVED on the motion of Councillors Brent and Strassberg that the report be received and noted.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Proposed Voluntary Planning Agreement for Areas 7 to 11 - St Leonards South Precinct
140	RESOLVED on the motion of Councillors Bennison and Strassberg that:- 1.   Council receive and note the report; 2.   Council enter into a Voluntary Planning Agreement with Silver Pond Investments Pty Ltd ATF Silver Pond Unit Trust in respect of the development of Areas 7 to 11 (21 - 41 Canberra Avenue and 18 - 32 Holdsworth 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.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

2021 Local Government NSW Annual Conference
	MOTION
	A motion was moved by Councillors Zbik and Strassberg that Council:- 1.    Authorise all available Councillors to attend the Local Government NSW Annual Conference, scheduled for 29 November 2021; 2.    Nominate the Mayor, Councillors Vissel and Zbik as the Three (3) voting delegates for the Local Government NSW Annual Conference, scheduled for 29 November 2021; and 3.    Acknowledge that the Motions to be considered at the Local Government NSW Special Conference, scheduled for 28 February to 2 March 2022, be submitted to the conference should either of these proposed Motions become not be resolved to Council’s satisfaction ahead of the Special Conference Motions deadline of 30 January 2022.
	AMENDMENT
	An amendment was moved by Councillor Bennison and Brooks-Horn that Council:- 1.    Authorise all available Councillors to attend the Local Government NSW Annual Conference, scheduled for 29 November 2021; 2.    Nominate the Mayor, and Councillors Bennison and Zbik as the Three (3) voting delegates for the Local Government NSW Annual Conference, scheduled for 29 November 2021; and 3.    Acknowledge that the Motions to be considered at the Local Government NSW Special Conference, scheduled for 28 February to 2 March 2022, be submitted to the conference should either of these proposed Motions become not be resolved to Council’s satisfaction ahead of the Special Conference Motions deadline of 30 January 2022.
	Upon being put to the meeting the Amendment was declared carried.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent and Brooks-Horn (Total 5). Against the Motion were Councillors Vissel, Zbik and Morris (Total 3).
141	The Amendment became the Motion and upon being put to the meeting was declared carried.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

EP&A Regulation 2021 - Proposed changes
142	RESOLVED on the motion of Councillors Strassberg and Brooks-Horn that Council support the proposed changes in the Draft Environmental Planning and Assessment Regulation 2021, subject to raising opposition to any relaxation of the need for BASIX Certificates in relation to residential uses (large boarding house, seniors housing, group home or hostels) given the role BASIX plays in ensuring buildings have lower operational emissions footprints.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Annual Financial Statements for 2020/2021 -  Referral for Audit
	MOTION
	A motion was moved by Councillors Zbik and Vissel that Council releases the draft 2020/21 Financial Statements to the public and for external audit purposes, pursuant to section 413 of the Local Government Act 1993.
	AMENDMENT
	An amendment was moved by Councillors Bennison and Strassberg that Council releases the draft 2020/21 Financial Statements for external audit purposes, pursuant to section 413 of the Local Government Act 1993.
	Upon being put to the meeting the Amendment was declared carried.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent and Brooks-Horn (Total 5). Against the Motion were Councillors Vissel, Zbik and Morris (Total 3).
143	The Amendment became the Motion and upon being put to the meeting the Motion was declared carried.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Veolia Woodlawn Eco-Precinct Recovery Peformance
144	RESOLVED on the motion of Councillors Zbik and Brooks-Horn that the report be received and noted.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Officer Reports for Information

COVID-19 Update - September 2021
145	RESOLVED on the motion of Councillors Brent and Brooks-Horn that the report be received and noted.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Council Snapshot August 2021
146	RESOLVED on the motion of Councillors Vissel and Brooks-Horn that the report be received and noted.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

Election of Mayor, Deputy Mayor and Councillor Representation on Council & External Committees until the Local Government Election in December 2021
	RESOLVED on the motion of Councillors Palmer and Strassberg  That:- 1.   Council conduct the Election for the Mayor until 4 December 2021; 2.   If two (2) or more nominations are received for Mayor, Council resolve to proceed by open voting; 3.   Council conduct the Election for the Deputy Mayor until 4 December 2021; 4.   If two (2) or more nominations are received for Deputy Mayor, Council resolve to proceed by open voting; 5.   Council maintain existing Councillor representation and membership of the Advisory and External Committees until 4 December 2021; 6.   It be noted that the Mayor is an ex-officio on all Council Advisory Committees and any available Councillor may attend Internal Advisory Committees; and 7.   Council authorise all Councillor representatives on Internal Advisory Committees to arrange an alternate as required.
147	RESOLVED on the motion of Councillors Palmer and Strassberg that Council conduct the Elections for Mayor and Deputy Mayor for the period ending 4 December 2021, by open voting.
	For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).
	ELECTION OF MAYOR FOR PERIOD ENDING 4 DECEMBER 2021 Council’s General Manager in the capacity of Returning Officer, advised that two (2) nominations were received for the position of Mayor for the period ending 4 December 2021 being Councillors Palmer and Zbik. Council’s General Manager asked those in favour of Councillor Palmer to raise their hand. Those in favour were Councillors Palmer, Strassberg, Brent, Brooks-Horn and Bennison  (Total 5).  Council’s General Manager then asked those in favour of Councillor Zbik to raise their hand. Those in favour were Councillors Zbik, Vissel and Morris (Total 3).  Council’s General Manager then declared Councillor Palmer elected as Mayor for the period ending 4 December 2021. ELECTION OF DEPUTY MAYOR FOR PERIOD ENDING 4 DECEMBER 2021 Council’s General Manager advised one (1) nomination was received for the position of Deputy Mayor for period ending 4 December 2021 being Councillor Strassberg. Council’s General Manager then declared Councillor Strassberg elected as Deputy Mayor for the period ending 4 December 2021.
148	RESOLVED on the motion of Councillors Palmer and Strassberg that:- · Council maintain existing Councillor representation and membership of the Advisory and External Committees until 4 December 2021; · It be noted that the Mayor is an ex-officio on all Council Advisory Committees and any available Councillor may attend Internal Advisory Committees; and Council authorise all Councillor representatives on Internal Advisory Committees to arrange an alternate as required. For the Motion were Councillors Palmer, Strassberg, Bennison, Brent, Brooks-Horn, Vissel, Zbik and Morris (Total 8). Against the Motion was Nil (Total 0).

CLOSE

The meeting closed at 09:35pm.

Confirmed at the Ordinary Council Meeting of 18 October 2021, at which meeting the signature herein is subscribed.

MAYOR

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