Minutes
Ordinary Council Meeting
7 December 2023 at 7.04pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Minutes
Ordinary Council Meeting
7 December 2023 at 7.04pm
All minutes are subject to confirmation at a subsequent
meeting and may be amended by resolution at that meeting.
Ordinary Council 7 December 2023
Minutes
PRESENT: Councillor S. Bennison (Mayor), Councillor M. Southwood, Councillor D. Roenfeldt, Councillor B. Kennedy (virtual), Councillor R. Flood, Councillor K. Bryla, and Councillor K. Mort, Councillor A. Zbik and Councillor D. Brooks-Horn.
ALSO PRESENT: General Manager, Director - Corporate Services and Strategy, Director – Planning and Sustainability, Director - Community and Culture, Director - Open Spaces and Infrastructure and Minute Taker.
Apologies
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The Mayor advised that Councillor Kennedy has requested to attend the meeting via audio visual link. |
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RESOLVED on a Motion moved by Councillor Brooks-Horn and seconded by Councillor Southwood that the request to virtually attend the meeting be granted due to exceptional circumstances. |
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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). |
DECLARATIONS OF INTEREST:
Councillor Brooks-Horn previously declared a non-pecuniary significant conflict of interest in relation to the proposed construction of the new Lane Cove Sport and Recreation Centre. In relation to Item 3 ‘Sport And Recreation Facility - Management And Operating Model’. Councillor Brooks-Horn has satisfied himself that he does not have the same significant conflict in relation to this item. Councillor Brooks-Horn indicated he would, for the sake of consistency, declare a non-pecuniary significant conflict of interest and leave the meeting and would not debate nor vote on the matter.
Councillor Southwood declared a non-significant non-pecuniary interest in Items 3 ‘Sport and Recreation Facility – Management and Operating Model’, 5 ‘Greenwich Baths Lease Arrangements – Community Consultation Outcomes’, and 10 ‘Traffic Committee – November 2023’. Prior to her oath of office as Councillor in January 2022, Councillor Southwood was President of the Greenwich Community Association Inc (GCA). Councillor Southwood has had no subsequent involvement with the GCA other than to attend bi-monthly general meetings. Councillor Southwood’s husband was a former Treasurer of the GCA but has no committee position now. Councillor Southwood has satisfied herself that she has a non-pecuniary, non-significant conflict of interest in Items 3, 5, and 10, and indicated that she would debate and vote on these matters.
Councillor Southwood declared a non-pecuniary conflict of interest that is not significant in relation to Item 10 ‘Traffic Committee – November 2023’ as two St Leonards South residents were on Councillor Southwood’s ticket for the 2021 election. Councillor Southwood indicated she would not leave the meeting and would debate and vote on the matter.
Councillor Kennedy declared a significant non-pecuniary conflict of interest in Item 3 ‘Sport And Recreation Facility - Management And Operating Model’ as she has a friend who lives adjacent to the golf course but not near the development. Councillor Kennedy indicated that she would not leave the meeting and would debate and vote on the matter.
ACKNOWLEDGEMENT OF COUNTRY
The Mayor gave an acknowledgement of Country.
Minute of Silence for Reflection or Prayer
The Mayor gave notice of a minute of silence for reflection or prayer.
WEBCASTING OF COUNCIL MEETING
The Mayor advised those present that the Meeting was being webcast.
Online
1. Stuart Piper of St Leonards in relation to Item 10, Traffic Committee - November 2023,
2. Chandramouli Sonti of Ruse, in relation to traffic lights at the intersection of Longueville Road and Epping Road, Lane Cove,
3. Sue Yelland of St Leonards in relation to Item 10, Traffic Committee - November 2023, Canberra Avenue Closure,
4. Charles Lovecraft of Lane Cove, in relation to Item 6, Council Policies Review - Part 2
In Person
5. Susan Gould of Riverview, in relation to Lane Cove Bushland Under Attack, including C2 and RE1 foreshore at Tambourine Bay,
6. Anthony Dalla Fontana of St Leonards in relation to Item 10, Traffic Committee - November 2023, Canberra Avenue Closure,
7. John Fegan of Northwood in relation to Item 3, Sport and Recreation Facility - Management and Operating,
8. Chris Lisha of Lane Cove in relation to seeking reimbursement of costs from Council relating to the EPA’s changes required based on the determination of land contamination at 315 Burns Bay Road, Lane Cove,
9. Shauna Forrest of Lane Cove Bushland & Conservation Society in relation to Item 3, Sport and Recreation Facility - Management and Operating Model, Item 9, Tree Vandalism in Longueville and Item 18, Planning Reforms, Housing Targets and Regulatory Enforcement,
10. Penny Cook, Vice President of the Live Music Zone in relation to The Live Music Zone's First Birthday Busker's Bash,
11. John Southwood of Greenwich, in relation to Item 3, Sport and Recreation Facility - Management and Operating Model,
12. Stephen Curley of Northwood in relation to Item 3, Sport and Recreation Facility - Management and Operating Model,
13. Jacky Barker of Lane Cove in relation to Item 7 ‘Notice of Motion – Bus Forum For Lane Cove’, Item 11 ‘Update on Electric Vehicle Charging Infrastructure and Sustainability Upgrades’, Item 6 ‘Council Policies Review – part 2’, Item 18 ‘Planning Reforms, Housing Targets and Regulatory Enforcement’, and Item 2 ‘Mayoral Minute – Dogs on Sports fields’.
14. Frances Vissel of Lane Cove North thanked Mark Brisby for his work on addressing sediment control and asked for Mr Brisby to look at Park Road prior to excavation and Item 3, Sport and Recreation Facility - Management and Operating Model.
15. Norma Stuart regarding Item 9 ‘Tree Vandalism In Longueville’.
16. Alan King from Osborne Park regarding Item 3, Sport and Recreation Facility - Management and Operating Model.
Written Submissions
Two (2) written submission were received, those being from;
1. Sharon Coley of St Leonards, in relation to Canberra Avenue Closure (Traffic Committee Recommendations), and
2. Stuart Piper of St Leonards in relation to to Item 10, Traffic Committee - November 2023.
RESUMPTION
The meeting resumed at 8.17pm.
Councillor David Brooks-Horn left the meeting, the time being 9:09 PM
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Sport and Recreation Facility - Management and Operating Model |
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MOTION
A Motion was moved by Councillor Flood and seconded by Councillor Southwood that Council:- 1. Receive and note the report; 2. Resolves, per the recommended process outlined in section 14 of the ARV report (attachment 4) to: a) Facilitate a workshop between Councillors and staff regarding the fundamental purpose of the sport and recreation facility to help determine our core goals in providing this facility (is it primarily a service to the community, or is profitability the core goal?) b) Finalise an operational review of other sport and recreation facilities in our LGA ("This review process should examine historical trends (i.e. number of memberships over the last 3-5 years) and forecast future performance based on available data. The legalities of existing contracts must also be assessed if council is currently outsourcing the management of their facilities. Internal consultation with staff involved in the day-to-day operations should occur.”) c) Develop a set of principles and evaluation criteria and assign a weighting to each to help support the assessment and comparison of the various management models. ("Councillors and representatives from all relevant council departments (i.e., procurement, asset management, finance, risk and safety, etc.) should be encouraged to participate in the design of the evaluation criteria.)" d) Determine at a future meeting based on the outcomes of a-c, whether to call for an in-house tender from Lane Cove Council (to be prepared by external consultants) as part of the request for key operator process. e) Contract experts to prepare an in-house bid for council to operate the function spaces and sporting facilities in house. 3. Undertake a process with potential community users of the facility to understand their proposed utilisation rates for utilisation of the facility, prior to the acceptance of any tender; and 4. Undertake a separate process to identify an operator for the Bistro activities as a priority to facilitate fit-out prior to the opening of the facility. |
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FORESHADOWED MOTION A Foreshadowed Motion was moved by Councillor Roenfeldt and seconded by Councillor Zbik that Council:- 1. Receive and note the report; 2. Undertake an open Request for a Key Operator which will include the option of subletting of the Management of Golf Operations including coaching and Bistro / Event disciplines; 3. Undertake a process with potential community users of the facility to understand their proposed utilisation rates for utilisation of the facility prior to the acceptance of any tender; 4. Undertake a separate process to identify an operator for the Bistro / Event activities as a priority to facilitate fit-out prior to the opening of the facility; 5. Receive a report on the outcome of the tender process at the appropriate time for consideration and determination by the Council. In line with Parts 15 and 16 of Council’s resolution of 29 August 2022, the report is to include how the operation of the facility will provide all stakeholders with balanced access to both the sporting and recreation facilities; and 5. Confirms that the core goal of the facility is to operate as a service to the community. |
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The Motion was put to the vote. |
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For the Motion were Councillors Southwood, Kennedy, Flood and Bryla (Total 4). Against the Motion were Councillors Bennison, Roenfeldt, Mort and Zbik (Total 4).
The voting being equal, the Mayor exercised a casting vote against the Motion and the Motion was declared lost.
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AMENDMENT
An Amendment was moved by Councillor Bryla and seconded by Councillor Southwood that Council:-
1. Receive and note the report; 2. Undertake an open Request for a Key Operator which will include the option of subletting of the Management of Golf Operations including coaching and Bistro / Event disciplines; 3. Undertake a process with potential community users of the facility to understand their proposed utilisation rates for utilisation of the facility prior to the acceptance of any tender; and give a report back to Council if there is any risk that we are not going to meet the principles outlined on page 11 of the Community Strategic Plan, 4. Undertake a separate process to identify an operator for the Bistro / Event activities as a priority to facilitate fit-out prior to the opening of the facility; 5. Receive a report on the outcome of the tender process at the appropriate time for consideration and determination by the Council. In line with Parts 15 and 16 of Council’s resolution of 29 August 2022, the report is to include how the operation of the facility will provide all stakeholders with balanced access to both the sporting and recreation facilities; and 6. Confirms that the core goal of the facility is to operate as a service to the community. |
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The Amendment was put to the vote. |
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For the Amendment were Councillors Southwood, Kennedy, Flood and Bryla (Total 4). Against the Amendment were Councillors Bennison, Roenfeldt, Mort and Zbik (Total 4).
The voting being equal, the Mayor exercised a casting vote against the Amendment and the Amendment was declared lost.
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The Foreshadowed Motion then became the Motion and was put to the vote.
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For the Motion were Councillors Bennison, Roenfeldt, Mort and Zbik (Total 4). Against the Motion were Councillors Southwood, Kennedy, Flood and Bryla (Total 4).
The voting being equal the Mayor exercised a casting vote in favour of the Motion and the Motion was declared Carried. |
Councillor David Brooks-Horn returned to the meeting, the time being 10.15 PM
RESUMPTION
The meeting resumed at 10.23pm.
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:
MAYORAL MINUTE - GENERAL MANAGER'S PERFORMANCE PLAN 2023/24
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.
No members of the public made representations with respect to the item in the Closed Committee.
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RESOLVED on the motion of moved by Councillor Brooks-Horn and seconded by Councillor Mort that Council resolve into Closed Committee.
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For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn, Mort and Zbik (Total 9). Against the Motion was Nil (Total 0). |
The Closed Committee commenced at 10.25pm. The public and media left the chamber.
RESUMPTION
The Open Council Meeting resumed at 10:45pm.
The public and media were invited into the chamber.
The General Manger read the recommendations arising from the Closed Committee prior to Council’s consideration of the item in Open Committee.
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Update on Electric Vehicle Charging Infrastructure and Sustainability Upgrades |
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RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Brooks-Horn that Council receive and note the report. |
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For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn, Mort and Zbik (Total 9). Against the Motion was Nil (Total 0). |
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Delegation of Authority During Christmas and Ordinary Council Meeting Recess |
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270
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RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Brooks-Horn that Council in accordance with Section 377 of the Local Government Act 1993, appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Christmas and Ordinary Council Meeting recess until 22 February 2024, in such cases applying Council’s policies, or where no such policies exist, exercising appropriate caution. |
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For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn, Mort and Zbik (Total 9). Against the Motion was Nil (Total 0). |
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Greenwich Baths Lease Arrangements - Community Consultation Outcomes |
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RESOLVED on the motion moved by Councillor Brooks-Horn and seconded by Councillor Roenfeldt that Council:- 1. The report be received and noted; 2. Enters into a 5-year lease with Bluefit Pty Ltd of the land to the high water mark of Greenwich Baths based on Option 1 – Open Spring/Summer with school holiday and weekend lifeguards and entry fees charged only when the Baths are attended by a lifeguard at a rent of $10,000 per annum. 3. Enters into a lease with TfNSW for the balance of the land comprising Greenwich Baths for a period matching the Bluefit Pty Ltd lease and to enter into a corresponding sub-lease with Bluefit Pty Ltd. 4. Request Bluefit to consider the introduction of a season pass. |
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For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn, Mort and Zbik (Total 9). Against the Motion was Nil (Total 0). |
Mayoral Minutes
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RESOLVED on the moved by Councillor
Bennison that the General Manager:- 2. Install educational signage at all sports fields entrances. |
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For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn, Mort and Zbik (Total 9). Against the Motion was Nil (Total 0). |
Notices of Motion
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Notice of Motion - Destruction of Endangered Ecological Communities |
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RESOLVED on the motion moved by Councillor Brooks-Horn and seconded by Councillor Mort that: 1. Council officers continue to investigate the matter and make a decision consistent with Council's Enforcement Policy as to the appropriate action to be taken upon completion of the investigation and in accordance with any legal advice received. Such enforcement action may include prosecution in the Land & Environment Court of NSW seeking the imposition of a fine along with orders for remediation and/or revegetation. 2. The General Manager engage with our local member, the Hon. Anthony Roberts, neighbouring Mayors, State Members of Parliament, and LGNSW to collectively lobby the State Government for increased penalties for these types of environmental crimes. 3. Council take appropriate action as soon as feasibly possible, following the receipt of legal advice, to obscure any view/harbour outlook that will have been gained by the destruction of the habitat. 4. Council note that our Federal Member, The Hon. Kylea Tink, MP has this week written to the Minister for Local Government in relation to amending the Local Government Act 1993 to protect tree canopy by including it as "natural capital" or "natural assets" under the act, and has written to the Minister for Planning, calling on the Government to initiate urgent legislative reform to protect our tree canopy. |
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For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Brooks-Horn, Mort and Zbik (Total 9). Against the Motion was Nil (Total 0). |
The meeting closed at 11:08pm.
Confirmed at the Ordinary Council Meeting of 22 February 2024, at which meeting the signature herein is subscribed.
MAYOR
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