Minutes
Ordinary Council Meeting
19 April 2022, 7:00 PM
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council 19 April 2022
Minutes
PRESENT: Councillor A. Zbik (Mayor), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor K. Bryla, Councillor R Flood, Councillor B. Kennedy, Councillor K. Mort, Councillor D. Roenfeldt and 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 Bennison declared a non-pecuniary conflict of interest that is significant in relation Item 13 ‘Community Assistance Grants to Community Groups 2022/2023’ as he is the treasurer of Centrehouse Inc. He indicated he would vacate the meeting and not debate or vote on the item.
Councillor Mort declared a non-pecuniary conflict of interest that is significant in relation to Item 13 ‘Community Assistance Grants to Community Groups 2022/2023’ as she is on the board for Pottery Gardens Aged Home. She indicated she would vacate the meeting and not debate or vote on the item.
Councillor Kennedy declared a non-pecuniary conflict of interest that is significant in relation to Item 12 ‘Investigation into Commencement of a Community Toy Library in Lane Cove’ as she is on the committee of Sydney Library of Things. She indicted she would vacate the meeting and not debate or vote on the matter.
Councillor Zbik declared a non-pecuniary conflict of interest that is not significant in relation to Item 13 ‘Community Assistance Grants to Community Groups: 2022/2023’ as he is a member of North Shore Rowing and has a child attending Birrahlee Kindergarten. He advised he would debate and vote on the item.
Councillor Brooks-Horn declared a non-pecuniary conflict of interest that is significant in relation to Item 2 ‘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 Brooks-Horn declared a non-pecuniary conflict of interest that is significant in relation to Item 13 ‘Community Assistance Grants to Community Groups 2022/2023’ as he is on the Board of Sydney Community Services and Pottery Gardens Aged Home. He indicated he would vacate the meeting and not vote or debate on the item.
Note later in the meeting Councillor Bryla declared a non-pecuniary conflict of interest which is not significant in relation to Item 13 ‘Community Assistance Grants to Community Groups 2022/2023’, as she is a member of the Lane Cove Swimming Club, she indicated she would debate and vote on the matter.
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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.
Online
1. Sue Yelland of Lane Cove in relation to Agenda Item 8 ‘Deferral of Commencement of Process to Close Canberra Avenue’;
2. John Fegan of Lane Cove in relation to Agenda Item 3 ‘Mayoral Minute – Bob Campbell Oval Update’;
3. Rabbi Nochum Schapire in relation to Agenda Item 7 ‘Draft Code of Meeting Practice 2022 – Post Consultation’ and
4. Jenny Schneller of Lane Cove in relation to Agenda Item 8 ‘ Deferral of Commencement of Process to Close Canberra Avenue’; and
In Person
5. Roderick Simpson of Lane Cove in relation to Agenda Item 5 ‘Notice of Motion – More Homes and Liveable Communities’.
Written Submissions
Two (2) written submission were received, those being from:-
1. Shauna Forrest of Lane Cove in relation to Agenda Item 2 ‘Mayoral Minute – Update Sport & Recreation Indoor Facility’; and
CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 MARCH 2022 |
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RESOLVED on the motion of Councillors Bennison and Roenfeldt that the minutes of the Ordinary Council meeting held on the 21 March 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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RESOLVED on the motion of Councillors Bennison and Brooks-Horn that the minutes of the Ordinary Council meeting held on the 21 March 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). |
Councillor David Brooks-Horn left the meeting, the time being 07:24 PM
Councillor David Brooks-Horn returned to the meeting, the time being 07:31 PM
Notice of Motion - Community Input into Planning Proposal Assessment Prior to Gateway Determination |
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RESOLVED on the motion of Councillors Southwood and Bryla that Council:- 1. Continue its practice of uploading details of planning proposals on its website as soon as practicable after lodgement with Council; 2. Require notices of a planning proposal and relevant links to details thereof to be posted in prominent locations on all street frontages of subject sites as soon as practicable after lodgement of the planning proposal, including the planning proposal for 448-456 Pacific Highway; 3. Notify all Councillors of the lodgement of a planning proposal within a reasonable time of upload to the Council website, including the planning proposal for 448-456 Pacific Highway; 4. Notify the planning proposal to owners and residents in sites abutting or immediately adjacent to a site that is the subject of a planning proposal, including the planning proposal for 448-456 Pacific Highway, the notification to include a statement that feedback is invited but that the notification is not a part of a Gateway community consultation process; 5. Accept submissions from the community at any time after details of planning proposals have been uploaded to Council’s website and have regard to the content of these submissions in the development of the material prepared for LCLPP advice; and 6. In respect of planning proposals within the 2036 precinct, have regard to the requirements of Ministerial Direction 1.13 in its assessment of planning proposals. |
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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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A Motion was moved by Councillors Bennison and Brooks-Horn that Council adopts the Draft Code of Meeting Practice dated February 2022, as exhibited noting:- 1. Section 8 ‘Order of Business for Ordinary Council Meetings’:- a) 8.1(3) Meeting Prayer remains, is spoken and that the General Manager be authorised to conduct the spoken prayer in place of minister of religion if not available; and b) 8.1(4) Acknowledgment of Country to remain after the Prayer. 2. The Council meeting be moved from third Monday of each month to the Thursday following the third Monday; 3. As a default, Closed Committee be moved to the end of the agenda; and 4. Reasons for Councillors not attending meetings, not be adopted. |
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FORESHADOWED MOTION A Foreshadowed Motion was moved by Councillors Flood and Bryla that Council adopts the Draft Code of Meeting Practice 2022, as exhibited and including:- a) The replacement of the Prayer as a business paper agenda item with a new business paper agenda item titled ‘Minute of Silence for Reflection or Prayer’; b) The Acknowledgment of Country occur prior to the minute of silence for reflection or prayer in the order of business; c) The timing of Ordinary Council Meetings be moved from the 3rd Monday of each month to the Thursday following the 3rd Monday of each month, commencing May 2022; d) Moving closed committee items from the beginning of the business paper agenda to the end of the Council business paper agenda; and e) Reasons for Councillors not attending meetings in person be limited to exceptional circumstances. |
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Upon being put to the meeting the Motion was declared lost. |
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For the Motion were Councillors Zbik, Bennison, Brooks-Horn and Mort (Total 4). Against the Motion were Councillors Southwood, Roenfeldt, Kennedy, Flood and Bryla (Total 5). |
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The Foreshadowed Motion became the Motion.
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PROCEDURAL MOTION |
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A Procedural Motion was moved by Councillors Brooks-Horn and Bennison that points a, b and c - e be moved Ad Seriatim. |
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Upon being put to the meeting the Procedural Motion was declared lost. |
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For the Motion were Councillors Bennison, Brooks-Horn and Mort (Total 3). Against the Motion were Councillors Zbik, Southwood, Roenfeldt, Kennedy, Flood and Bryla (Total 6). |
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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, Brooks-Horn and Mort (Total 3). |
Deferral of Commencement of Process to Close Canberra Avenue |
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RESOLVED on the motion of Councillors Southwood and Roenfeldt that:- 1. The report be received and noted; 2. All Construction Traffic Management Plans for developments in the St Leonards South Precinct not be permitted to include Duntroon Avenue for construction traffic movements; and 3. Council affirms Items 5, 6 and 7 of its Resolution 23/2022 and confirms that no action will be taken pursuant to Items 5, 6 and 7 of Resolution 23/2022 until after the report outlined in Items 3 and 4 of Resolution 23/2022 has been provided to 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). |
Creation of a St Leonards South Coordination Unit - Further report |
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RESOLVED on the motion of Councillors Roenfeldt and Southwood that Council: - 1. Establish a designated page on Council’s website for the St Leonards South Precinct to include, but not be limited to the following:- a) The development application approved plans; b) Development Consent Conditions; c) The Construction Certificate as issued by the Private Certifier; d) The details of the Private Certifier; e) Approved Construction /Demolition Traffic Management Plan; and f) A link to Council’s Customer Request Management system to report activities outside of approved conditions of consent and Traffic Management Plans. 2. Establish a St Leonards South Precinct Working Group as a forum for communication on matters relating to the rollout of development within the St Leonards South Precinct, members to include:- a) East Ward Councillors; b) Representative from of each of the developers from sites under construction; c) Council staff, including the nominated SLS liaison officer; d) One representative of the each of the body corporates of Embassy Tower, Embassy Residences1, Embassy Residences 2, ‘Pavilions on the Park’, 2-16 Duntroon Avenue and ‘Prologue’, 2 Canberra Avenue; e) Chairman of North Sydney Council’s, Wollstonecraft Precinct Committee; and f) Other stakeholders as determined jointly by the General Manager and the Mayor. 3. Request the General Manager to nominate a designated Council staff member as a point of contact for the public regarding the St Leonards South Precinct. The staff member’s contact details to be posted on the designated page on the website. |
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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). |
Nominations for Community Representatives to Advisory Committees |
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RESOLVED on the motion of Councillors Flood and Brooks-Horn that:- 1. Council endorse the following nominations for Council’s Advisory Committees:- a) Emily Patterson, Fay Frischer, Gail Le Bransky, Margaret McCullough, Max Thorpe, Nuala Williams, Richard Muller and Robyn Stutchbury be appointed as the community representatives for the Age Friendly Advisory Committee; b) Erin Cini, Frances Vissel, Lynne Mclouglin, Toni Frecker and Win Chandler be appointed as the community representatives for the Bushland Management Advisory Committee; c) Bruce Fraser, Evianne Grosvenor, Gaynor Starky, Liliana Pezzutti, Rachel Baker, Richard Hawkins and Susan O’Neil be appointed as the community representatives for the Lane Cove Access and Inclusion Committee; d) Gavin Imhof, James Hansen, Jane Ellis, Richard Mueller, Russell Webber and Andrew Bailey be appointed as community representatives for the Lane Cove Bicycle Advisory Committee; e) Ajaya Jayarao, Balu Moothedath, Caleb Taylor, Kay Leiper, Margaret Edwards, Sarah Balzer, Dr Felix Lo be appointed as community representatives for the Lane Cove Festival Committee; f) Ann Proudfoot, Balu Moothedath and Rhonda Pryor be appointed as community representatives for the Lane Cove Public Art Advisory Committee; g) Cindy Brown, Jennifer Schneller, Lynne Spencer and Paul Johnson be appointed as representatives for the Lane Cove Recreation Precinct Advisory Committee; and h) Ann Austin, Gabrielle Martinovich, Jane Blackmore, Lyn Nasir, Michelle Leong Glastris, Ruby Gardiner and Xuan Deng be appointed as representatives for the Sustainability Advisory Committee. 2. All nominees be advised of Council’s decision. 3. Council re-open nominations for remaining vacant positions on all Advisory Committees for a period of two weeks with any further nominations to be considered at the May Ordinary Council 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). |
Councillor Bridget Kennedy left the meeting, the time being 08:43 PM
Investigation into commencement of a Community Toy Library in Lane Cove |
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RESOLVED on the motion of Councillors Bryla and Roenfeldt that Council:- 1. Call for expressions of interest from interested community groups/organisations to operate a Community Toy Library at 47 Burns Bay Rd, Lane Cove; 2. Become a member of the Toy Libraries Australia to assist in the planning and establishment of a toy library; and 3. Liaise with the Lane Cove Men’s Shed and the ‘Sydney Library of Things’ to encourage joint use of the facility at 47 Burns Bay Road. |
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For the Motion were Councillors Zbik, Southwood, Roenfeldt, Flood, Bryla, Bennison, Brooks-Horn and Mort (Total 8). Against the Motion was Nil (Total 0). |
Councillor Bridget Kennedy returned to the meeting, the time being 08:48 PM
RESOLVED on the motion of Councillors Flood and Southwood that:- 1. Council adopt for the purpose of public exhibition, the Revised Draft Community Strategic Plan, Liveable Lane Cove 2035; 2. Council undertake community consultation between late April and early June 2022 as per the consultation plan outlined in the report; and 3. Following public exhibition, the Revised Draft Community Strategic Plan, together with a report on any submissions received, be considered at the Ordinary Council Meeting to be held 23 June 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). |
2022/2023 Draft Budget, Fees and Charges and Delivery Program and Operational Plan |
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RESOLVED on the motion of Councillors Brooks-Horn and Bennison that:- 1. Council adopt, for the purpose of public exhibition, the 2022/23 Draft Budget, Draft Fees and Charges 2022/23 and the Draft Delivery Program and Operational Plan 2022/23; 2. Council undertake community consultation from late April 2022 until early June 2022 as per the consultation outlined in the report; 3. Following public exhibition, the 2022/23 Draft Budget, Draft Fees and Charges 2022/23 and the Delivery Program and Operational Plan 2022/23, together with a report on any submissions received, be considered at the Council meeting to be held 23 June 2022; and 4. Council reaffirm its commitment to pursue an additional Special Rates Variation through IPART and specifically:- a. Apply for 2.0% permanent rate increase under Section 508(2) of the Local Government Act, 1993; b. Acknowledge that the additional rate increase will yield approximately $350,000 in additional rate income; c. Acknowledge that the application for an Additional Special Variation is required to balance Council’s 2022/23 Operational Budget and ensure its key financial performance indicators meet industry benchmarks; and d. Acknowledge that the Additional Special Variation is considered reasonable when considering the relatively minor impact on average residential and business rates (an average increase of $17 per annum for each rateable residential property and $63 per annum for each rateable business property) and given the Local Government Area is ranked in Australia at the 99th percentile in terms of being the most advantaged in the Australian Bureau of Statistics Socio-Economic Indexes for Areas, SEIFA (2016). |
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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). |
St Leonards South Section 7.11 Contributions Plan - Adoption |
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RESOLVED on the motion of Councillors Southwood and Roenfeldt that Council:- 1. Adopt the revised Section 7.11 Contributions Plan for St Leonards South as shown in AT-2; 2. Advises the Department of Planning and Environment that changes have been made in accordance with IPART’s assessment; and 3. Publish the Contributions Plan on Council’s website with immediate effect. |
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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). |
RESOLVED on the motion of Councillors Southwood and Roenfeldt that:- 1. Council receive and note the report; 2. Council enter into a Voluntary Planning Agreement with New Golden St Leonards Pty Ltd in respect of the development of Area 12 (3 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. |
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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). |
RESOLVED on the motion of Councillors Brooks-Horn and Bennison 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). |
The meeting closed at 9:01pm.
Confirmed at the Ordinary Council Meeting of 19 May 2022, at which meeting the signature herein is subscribed.
MAYOR
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