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Minutes

Ordinary Council Meeting

19 October 2023 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

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Ordinary Council 19 October 2023

Minutes

 

PRESENT: Councillor Bennison (Mayor), Councillor Southwood, Councillor Roenfeldt, Councillor Kennedy, Councillor Flood, Councillor Bryla, Councillor Mort and Councillor Zbik.

 

ALSO PRESENT: General Manager, Director  - Corporate and Strategy, Director- Planning and Sustainability, Director - Community and Culture, Director  - Open Spaces and Infrastructure, Executive Officer to the General Manager and Minute Taker.

 

DECLARATIONS OF INTEREST:

 

Councillor Zbik declared a non-pecuniary conflict of interest that is significant in relation to Item 9 ‘Proposed Sale of Drainage Reserve - Morrice Street and Tambourine Bay Road’ as a resident who is impacted by this proposal is considered a personal friend and is a member of the branch of Lane Cove Labor. Councillor Zbik indicated he would leave the meeting and would not debate nor vote on the matter.

 

Councillor Roenfeldt declared a non-pecuniary conflict of interest that is significant in relation to Item 9 ‘Proposed Sale of Drainage Reserve - Morrice Street and Tambourine Bay Road’ as a resident who is impacted by this proposal is considered a friend and is a member of the branch of Lane Cove Labor. Councillor Roenfeldt indicated he would leave the meeting and would not debate nor vote on the matter.

 

Councillor Southwood declared a less than significant non-pecuniary conflict of interest in relation to Items 2 ‘Mayoral Minute – Delegated Authority for the Resurfacing of Bob Campbell Oval and Associated Facilities’, 7 ‘Consultation Results for Closure of Canberra Avenue’, 10 ‘Blackman Park Synthetic Field Replacement’, and 11 ‘Traffic Committee – September 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 2 and 10 and indicated that she would debate and vote on the matter.

 

In relation to Item 7, Councillor Southwood indicated that two St Leonards South residents were on her election ticket and she knows other community members who may be impacted by these items. Councillor Southwood has satisfied herself that she has a non-pecuniary, non-significant conflict of interest in Item 7 and indicated that she would debate and vote on the matter.

 

Councillor Southwood indicated that her husband is a long-standing member of the Greenwich Flying Squadron but holds no committee position. Councillor Southwood has satisfied herself that she has a non-pecuniary, non-significant conflict of interest in Item 11 and indicated that she will debate and vote on the matter.

 

Councillor Southwood declared a non-pecuniary conflict of interest that is not significant in relation to Item 9 ‘Proposed Sale of Drainage Reserve - Morrice Street and Tambourine Bay Road’ as a resident who is impacted by this proposal is considered a friend. Councillor Southwood indicated she would not leave the meeting and would debate and vote on the matter.

 

Councillor Kennedy declared a pecuniary conflict of interest in relation to Item 5 ‘Lane Cove Gallery Shelter Structure’ and indicated that she would vacate the meeting and not debate and not vote on the matter.

 

Councillor Kennedy declared a non-pecuniary conflict of interest that is not-significant in relation to Item 9 ‘Proposed Sale of Drainage Reserve - Morrice Street and Tambourine Bay Road’ as a resident who is impacted by this proposal is considered a friend. Councillor Kennedy indicated she would not leave the meeting and would debate and vote on the matter.

 

Councillor Bryla declared a non-pecuniary conflict of interest that is non-significant in relation to Item 9 ‘Proposed Sale of Drainage Reserve - Morrice Street and Tambourine Bay Road’ as a resident who is impacted by this proposal is a former Labor Party colleague of Councillor Bryla. Councillor Bryla indicated she would not leave the meeting and would debate and vote on the matter.

 

Apologies

 

Apologies were received on behalf of Councillor Brooks-Horn.

 

181

RESOLVED on the motion moved by Councillor Mort and seconded by Councillor Kennedy that the apology be accepted and leave of absence be granted.

 

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

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.

 

PUBLIC FORUM

 

Online

 

No online speakers

 

In Person

 

1.    Rabbi Rav Shapiro in relation to the Mayoral Minute - Condemnation of Hamas and Support for all Innocent Victims of the Conflict in the Region,

 

2.    Darshini Heaney of Lane Cove in relation to Item 9, Proposed sale of Drainage Reserve Tambourine Bay Rd and Morrice Street and Tambourine Bay Road,

 

3.    Ros Noone on behalf of Lane Cove Sustainability Action Group in relation to Item 3, Mayoral Minute - Future of Car Free Sunday, and Item 4, Investigate Options for Reducing Water Use and Implement Further Water Sensitive Urban Design Principles,

 

4.    Margaret Curley of Northwood in relation to Item 2, Mayoral Minute – Delegation authority for the resurfacing of Bob Campbell Oval and Associated facilities,

 

5.    Stephen Curley of Northwood in relation to Item 3, Mayoral Minute - Future of Car Free Sunday,

 

6.    June Hefferan of Lane Cove North in relation item 8, 14 Gay St – Results of investigations and options for future use,

 

7.    Simon Lake of Lane Cove North in relation item 8, 14 Gay St – Results of investigations and options for future use,

 

8.    Anthony Dalla Fontana of St Leonards in relation to Item 7, Consultation Results for Closure of Canberra Avenue,

 

9.    Stuart Piper of St Leonards in relation to Item 7, Consultation Results for Closure of Canberra Avenue,

 

10.  James Kearney of Greenwich in relation to Item 11, Traffic Committee – September 2023,

 

11.  Peter Staveley of Greenwich in relation to Item 2, Mayoral Minute – Delegation authority for the resurfacing of Bob Campbell Oval and Associated facilities.

 

12.  Francis Vissel of Lane Cove North in relation to Item 2, Mayoral Minute – Delegation authority for the resurfacing of Bob Campbell Oval and Associated facilities, Item 4, Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principles., Item 6 Notice of Motion  - Climate Submit report and Climate Emergency Strategy and Item 7, Consultation Results for Closure of Canberra Avenue,

 

13.  Charles Pillay of St Leonards Item 9, Proposed sale of Drainage Reserve Tambourine Bay Rd and Morrice Street and Tambourin Bay Road and Item 7, Consultation Results for Closure of Canberra Avenue,

 

14.  Sue O’Neill of Lane Cove North in relation to item 8, 14 Gay St – Results of investigations and options for future use, and Item 4, Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principle,

15.  Emma James of Lane Cove North in relation to Item 4, Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principle,

16.  Jill Carr of St Leonards in relation to Item 7, Consultation Results for Closure of Canberra Avenue,

17.  Charles Lovecraft in relation to love for cats

18.  Justin Lowe of St Leonards in relation to Item 7, Consultation Results for Closure of Canberra Avenue,

19.  Paul Bennett of Lane Cove North in relation to Mayoral Minute - Condemnation of Hamas and Support for all Innocent Victims of the Conflict in the Region, and

20.  A gentleman addressed council seeking assistance to publish his book

 

Councillor David Roenfeldt left the meeting, the time being 07:30 PM

Councillor David Roenfeldt returned to the meeting, the time being 07:31 PM

 

 

 

 

 

 

 

Written Submissions

 

Fifteen (15) written submissions were received, those being from;

 

1.    Peter Markova of Lane Cove in relation to Item 3, Mayoral Minute - Future of Car Free Sunday,

2.    Thomas Shanahan of Lane Cove in relation to Item 11, Traffic Committee – September 2023,

3.    Sjirk Bangma, President of Lane Cove Sustainability Action Group in relation to Item 3, Mayoral Minute - Future of Car Free Sunday,

4.    Emma James of Lane Cove North in relation to Item 4, Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principles,

5.    Jon and Alison Whitear of Lane Cove in relation to Item 9, Proposed sale of Drainage Reserve Tambourine Bay Rd and Morrice Street and Tambourin Bay Road,

6.    Terese and Paul Sheridan of Lane Cove in relation to Item 9, Proposed sale of Drainage Reserve Tambourine Bay Rd and Morrice Street and Tambourin Bay Road

7.    Rowan and Anne Clarke of Lane Cove in relation to Item 9, Proposed sale of Drainage Reserve Tambourine Bay Rd and Morrice Street and Tambourin Bay Road,

8.    Sharon Coley of St Leonards in relation Item 7, Consultation Results for Closure of Canberra Avenue,

9.    Marjolien and Anthony Dibden of Lane Cove in relation to Item 9, Proposed sale of Drainage Reserve Tambourine Bay Rd and Morrice Street and Tambourin Bay Road,

10.   Shauna Forrest, President of the Lane Cove Bushland & Conservation Society in relation to Item 4, Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principles,

11.   Francis Vissel of Lane Cove North in relation to Item 7, Consultation Results for Closure of Canberra Avenue,

12.  Stuart Piper of St Leonards in relation to Item 7, Consultation Results for Closure of Canberra Avenue.

13.  Peter Deane on behalf of the Greenwich Community Association in relation to Item 2, Mayoral Minute – Delegation authority for the resurfacing of Bob Campbell Oval, and

14.  Peter Deane on behalf of the Greenwich Community Association in Associated facilities and Item 7, Consultation Results for Closure of Canberra Avenue.

15.  Francis Vissel of Lane Cove North in relation to Item 4, Notice of Motion – Investigate options for reducing water use and implement further water sensitive urban design principles and Item 6 Notice of Motion  - Climate Submit report and Climate Emergency Strategy.

 

 

 

 

 

 

Confirmation of Minutes of Ordinary Council - 21 September 2023

182

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Mort that the minutes of the Ordinary Council meeting held on the 21 September 2023 be confirmed.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

183

RESOLVED on the motion moved by Councillor Bryla and seconded by Councillor Mort that the minutes of the Ordinary Council meeting held on the 21 September 2023 be accepted.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

Mayoral Minutes

 

Mayoral Minute - Condemnation of Hamas and support for all innocent victims of the conflict in the region.

 

MOTION

A Motion was moved by Councillor Bennison that Council:-

  1. Condemn the actions of the terrorist organisation Hamas;
  2. Offer our thoughts and prayers to all innocent victims, in particular to the affected families and friends of residents of the Lane Cove LGA who have already been or are in the future impacted by the escalation of the conflict in the region and for a speedy peaceful resolution to the conflict.
  3. Writes to the Premier of NSW, Chris Minns, calling on the NSW Government to take all steps necessary to ensure the safety of the NSW Jewish community and all communities impacted by these events.
  4. Update it’s website with support services available for those who are affected by this conflict in any way.

 

AMENDMENT

An Amendment was moved by Councillor Flood and seconded by Councillor Southwood that Council:

1.    Condemns war crimes perpetrated by Hamas, including the premeditated targeting of Israeli civilians. Condemns the actions perpetrated by the Israeli government, including the bombing of Palestinian civilians, and calls for all perpetrators to be held accountable for their actions in accordance with International law and an immediate ceasefire between all parties and an end to the war in Gaza.

  1. Writes to the Premier of NSW, Chris Minns, calling on the NSW Government to take all steps necessary to ensure the safety of the NSW Jewish community and all communities impacted by these events.

 

184

Procedural Motion

Procedural Motion moved by Councillor Southwood and seconded by Councillor Roenfeldt that:-

An extension of time was moved by Councillor Southwood and seconded by Councillor Roenfeldt with a 3 minute extension being granted.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

The Amendment was then put to the meeting and declared lost.

 

For the Motion were Councillors Southwood, Kennedy, Flood and Bryla (Total 4).

Against the Motion were Councillors Bennison, Roenfeldt and Mort (Total 3).

Abstained from the Motion was Councillor Zbik (Total 1).

 

185

Procedural Motion

Procedural Motion moved by Councillor Roenfeldt and seconded by Councillor Zbik that

the points within the Motion be considered in seriatim (voted on separately).

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

186

Motion

A Motion was moved by Councillor Bennison that Council support Point 1 of the Motion

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Bryla and Mort (Total 6).

Against the Motion was Nil (Total 0).

Abstained from the Motion were Councillors Flood and Zbik (Total 2).

 

187

Motion

A Motion was moved by Councillor Bennison that Council support Point 2 of the Motion

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

188

Motion

A Motion was moved by Councillor Bennison that Council support Point 3 of the Motion

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

189

Motion

A Motion was moved by Councillor Bennison that Council support Point 4 of the Motion

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

Mayoral Minute - Delegated Authority for the Resurfacing of Bob Campbell Oval and Associated Facilities

 

MOTION

A Motion was moved by Councillor Bennison that the General Manager: -

1.   Be delegated authority to determine the tender and enter into any contracts required for the completion of the Bob Campbell Oval Masterplan construction project;

2.   Be delegated authority to make all operational decisions necessary for the successful completion of the project; and

3.   Advise the Councillors of any contracts entered into and provide regular updates on the project's progress via the Snapshot Report and Council’s website.

 

 

amendment

An Amendment was moved by Councillor Southwood and seconded by Councillor Bryla that the General Manager:-

1.    Procure the upload to Council’s website, as they are finalised, the following documents:-

 

(a)  copies of design drawings sufficient to allow the community to identify the nature, placement and design of the elements included in the tender documentation for the two tender packages for Bob Campbell Oval being one package for the sports field, car park, playground and amenities building (all works west of Gore Creek) and one package being for the civil road and SUP works (works east of Gore Creek), and

 

(b)  the REF for the Bob Campbell Oval works and, if secured, the determination pursuant to Part 5 of the Environmental Planning and Assessment Act.

2.    Subject to the uploading of the documents listed in 1(a) and (b) above and in the event that a report detailing the recommended contractors for the works cannot be prepared for the December 2023 meeting, the General Manager be delegated for the period between the December 2023 and the February 2024 meetings of Council authority to

 

(a)  determine the tender and enter into any contracts required for the completion of the Bob Campbell Oval Masterplan construction project, and

(b)  make all operational decisions necessary for the successful completion of the project;

3.    That Councillors be advised of any contracts entered into and regular updates on the project's progress be provided via the Snapshot Report and Council’s website.

 

 

 

The Amendment was then put to the meeting and declared lost.

 

For the Motion were Councillors Southwood and Bryla (Total 2).

Against the Motion were Councillors Bennison, Roenfeldt, Kennedy, Flood, Mort and Zbik (Total 6).

 

190

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Roenfeldt, Kennedy, Flood, Mort and Zbik (Total 6).

Against the Motion were Councillors Southwood and Bryla (Total 2).

 

 

Mayoral Minute - Future of Car Free Sunday

191

RESOLVED on the motion moved by Councillor Bennison that:-

  1. Consider hosting the event again in 2024 following feedback from local businesses and stakeholders.
  2. Acknowledge the work undertaken by staff to ensure this event was able to take place.
  3. Note that the starting point of the Family Fun Ride did not change but the ride concluded on Longueville Road.

 

 

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Mayoral Minute - Boat trailers parking on streets around Kingsford Smith Oval Longueville

192

RESOLVED on the motion moved by Councillor Bennison that  the General Manager:-

1.         Investigate and make recommendations to the Traffic Committee for the consideration of parking restrictions on streets around Kingsford Smith Oval, allowing parking for motorised vehicles only, for a trial period of 6 months;

2.         Consider the impacts on other streets in implementing the above parking restrictions and assess whether our existing policy is adequate in addressing the relocation of boat trailers in surrounding streets; and

3.         With the Mayor and Deputy Mayor, meet with relevant government authorities to express our concerns ineffectiveness of existing legislation in relation to parking of boat trailers and seek authority to implement additional measures that will improve safety and address the concerns of our residents.

 

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Orders Of The Day

 

The Mayor thanked Jane Gornall, Director of Community and Culture, for her 37 years of service to the Lane Cove community on the occasion of her retirement.

 

Notices of Motion

 

Notice of Motion - Investigate options for efficient water use and implement further water sensitive urban design principles

 

MOTION

A Motion was moved by Councillor Kennedy and seconded by Councillor Bryla that Council: -  

 

1. Note that Australia has now officially entered El Nino conditions which can intensify heat waves, increase the severity of bushfires, and contribute to drought conditions. The influence of El Niño is primarily felt in eastern Australia, resulting in warmer-than-usual temperatures and reduced rainfall;

2. Liaise with Kinesis to gain a deeper understanding on what they think would be workable options for recycling of water in the Lane Cove LGA;

3.  Investigate:

a.    recycled and grey water opportunities in our community, to aid in building water resilience in our LGA, for example;

i. sporting facilities that have showers, hand basins

ii. Kindy Cove potential for grey water use from washing machine

iii. residential grey water use

b.    Water Sensitive Urban Design principles (in addition methods already undertaken) such as stormwater infiltration systems and water harvesting to reduce the volume of runoff into our waterways and to improve resilience

c.     how Council can implement the management framework of the Australian and New Zealand Water Quality Guidelines to support sustainable management for our waterways (see https://www.waterquality.gov.au/anz-guidelines/framework)

4.    Receive a presentation at the next Corporate Planning weekend on the opportunities identified and a pathway forward on how these opportunities could be implemented.

5.    That Council engage, collaborate and work with the community on a catchment by catchment basis to develop locally appropriate strategies to protect our waterways.

6.    Council invite a member from the Sydney Water Business Development team to present to key council staff and Councillors on the work they’re undertaking.

 

 

 

amendment

An Amendment was moved by Councillor Zbik and seconded by Councillor Mort that Council: -

1.    Note that Australia has now officially entered El Nino conditions which can intensify heat waves, increase the severity of bushfires, and contribute to drought conditions. The influence of El Niño is primarily felt in eastern Australia, resulting in warmer-than-usual temperatures and reduced rainfall;

2.    Note the following actions were adopted following recommendations made by Kinesis in March 2020 (Refer Resolution 43/2020):

a.    Undertake a study to identify opportunities for recycled water use in Council owned and leased facilities.

b.    Promote opportunities available to residents and business to improve water conservation and recycling in partnership with Sydney Water.

c.     Install water saving technology in the new 50m Pool.

3.    Notes the following initiatives are already included in the 2023/2024 Operational Plan (Refer to Resolution 105/2023): 

2.1.3.1 Encourage application of Water Sensitive Urban Design principles in all development works and asset management,

2.1.3.b Develop and implement initiatives to reduce potable water use amongst the    community, and

3.4.2.1 Manage stormwater to reduce its impacts on waterways and bushland areas.

4.    Note the Sustainability Rebates Program was adopted in April 2023 that offers rebates of up to $250 for single dwellings to install a rainwater tank, $2,000 for unit complexes, and $1,000 for businesses (Refer to resolution 48/2023).

5.    Note the report provided in August 2023 advising that Kinesis recommends that Council “Maintain current water targets with annual monitoring to ensure relevance.” and that water use in the LGA has decreased by 7% (Refer Resolution 140/2023).

6.    Notes in August 2023 it was resolved to receive a report on progress against our water targets with updated recommendations in mid-2025 (Refer Resolution 140/2023).

7.    Notes the Community Strategic Plan has the following goals:

2.1.3 Focus infrastructure planning and management on supporting sustainable ‘local living’ to meet the 2036 Energy Emissions and Water Use Reduction Targets and improve resilience to climate change.

3.1.2 Manage energy consumption in Council’s buildings and assets and identify opportunities for water conservation and management.

3.4.1 Implement catchment management plans to protect and rehabilitate high priority waterways and manage impacts on medium and low priority waterways.

3.4.2 Implement stormwater management solutions to reduce pollution of our waterways.

5.3.2 Engage and educate businesses in sustainable practices such as energy and water use.

8.    Investigate new communication strategies to educate and promote within the Lane Cove community in regard to how we can help to keep our waterways clean.

 

Procedural Motion

A Procedural Motion was moved by Councillor Southwood and seconded by Councillor Kennedy that the Motion be deferred to the November Council meeting.

 

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 Mayor exercised a casting vote against the motion and the motion was declared lost.

 

The Amendment was then put to the meeting and declared carried and became the motion.

 

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 Mayor exercised a casting vote in favor of the motion and the motion was carried

 

 

AMENDMENT

A further Amendment was then moved by Councillor Kennedy and seconded by Councillor Bryla that Council:

1.    Note that Australia has now officially entered El Nino conditions which can intensify heat waves, increase the severity of bushfires, and contribute to drought conditions. The influence of El Niño is primarily felt in eastern Australia, resulting in warmer-than-usual temperatures and reduced rainfall;

2.    Note the following actions were adopted following recommendations made by Kinesis in March 2020 (Refer Resolution 43/2020):

a.    Undertake a study to identify opportunities for recycled water use in Council owned and leased facilities.

b.    Promote opportunities available to residents and business to improve water conservation and recycling in partnership with Sydney Water.

c.     Install water saving technology in the new 50m Pool.

3.    Notes the following initiatives are already included in the 2023/2024 Operational Plan (Refer to Resolution 105/2023): 

2.1.3.1 Encourage application of Water Sensitive Urban Design principles in all development works and asset management,

2.1.3.b Develop and implement initiatives to reduce potable water use amongst the    community, and

3.4.2.1 Manage stormwater to reduce its impacts on waterways and bushland areas

4.    Note the Sustainability Rebates Program was adopted in April 2023 that offers rebates of up to $250 for single dwellings to install a rainwater tank, $2,000 for unit complexes, and $1,000 for businesses (Refer to resolution 48/2023).

5.    Note the report provided in August 2023 advising that Kinesis recommends that Council “Maintain current water targets with annual monitoring to ensure relevance.” and that water use in the LGA has decreased by 7% (Refer Resolution 140/2023).

6.    Notes in August 2023 it was resolved to receive a report on progress against our water targets with updated recommendations in mid-2025 (Refer Resolution 140/2023).

7.    Notes the Community Strategic Plan has the following goals:

2.1.3 Focus infrastructure planning and management on supporting sustainable ‘local living’ to meet the 2036 Energy Emissions and Water Use Reduction Targets and improve resilience to climate change.

3.1.2 Manage energy consumption in Council’s buildings and assets and identify opportunities for water conservation and management.

3.4.1 Implement catchment management plans to protect and rehabilitate high priority waterways and manage impacts on medium and low priority waterways.

3.4.2 Implement stormwater management solutions to reduce pollution of our waterways.

5.3.2 Engage and educate businesses in sustainable practices such as energy and water use.

8.    Investigate new communication strategies to educate and promote within the Lane Cove community in regard to how we can help to keep our waterways clean.

9.    Investigate:

a.    Water Sensitive Urban Design principles (in addition methods already undertaken) such as stormwater infiltration systems and water harvesting to reduce the volume of runoff into our waterways and to improve resilience

b.    how Council can implement the management framework of the Australian and New Zealand Water Quality Guidelines to support sustainable management for our waterways (see https://www.waterquality.gov.au/anz-guidelines/framework)

10.  That Council engage, collaborate and work with the community on a catchment by catchment basis to develop locally appropriate strategies to protect our waterways.

11.  Council invite a member from the Sydney Water Business Development team to present to key council staff and Councillors on the work they’re undertaking.

 

 

The Amendment was put to the meeting and declared lost.

 

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 Mayor exercised a casting vote against the motion and the motion was declared lost.

 

193

The Motion was then put to the meeting and declared carried.

 

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 Mayor exercised a casting vote for the motion and the motion was carried.

 

Adjournment

194

RESOLVED on the motion moved by Councillor Bennison and seconded by Councillor Roenfeldt for a 10 minute adjournment.

 

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Resumption

195

RESOLVED on the motion moved by Councillor Southwood and seconded by Councillor Bryla that the meeting resume.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Councillor Bridget Kennedy left the meeting, the time being 10:06 PM

 

Notice of Motion - Lane Cove Gallery Shelter Structure

 

MOTION

A Motion was moved by Councillor Southwood and seconded by Councillor Bryla that Council: -

1.   Investigate and report back to a Council meeting, the design options, approximate costs, and other practical considerations that would be involved in constructing a shelter structure, providing shelter from sun or rain to allow full enjoyment and usage of the space including but not limited to:

·      Rest areas for visitors.

·      Facilities for students to use in breaks in the midst of classes and workshops.

·      Opportunities for social functions, e.g. Summer nights, Friday drinks at the gallery.

·      Curated pop-up food and beverage events, in partnership with local businesses.

·      Curated artisan & craft events.

2.   Consider the implementation of this in the 2024 (or 2025 at the latest) Delivery and Operational Program;

3.   Carry out the investigation in consultation with Management at Gallery Lane Cove and other relevant parties.

 

 

amendment

An Amendment was moved by Councillor Roenfeldt and seconded by Councillor Mort that Council: -

1.   Investigate and report back to a Council meeting, the design options, approximate costs, and other practical considerations that would be involved in constructing a shelter structure, providing shelter from sun or rain to allow full enjoyment and usage of the space including but not limited to:

·      Rest areas for visitors.

·      Facilities for students to use in breaks in the midst of classes and workshops.

·      Opportunities for social functions, e.g. Summer nights, Friday drinks at the gallery.

·      Curated pop-up food and beverage events, in partnership with local businesses.

·      Curated artisan & craft events.

2.    Carry out the investigation in consultation with Management at Gallery Lane Cove and other relevant parties.

 

 

The Amendment was put to the meeting and declared carried.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Flood, Bryla, Mort and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

 

196

The Amendment then became the Motion and was carried.

 

 

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Flood, Bryla, Mort and Zbik (Total 7).

Against the Motion was Nil (Total 0).

 

Councillor Bridget Kennedy returned to the meeting, the time being 10:22 PM

 

Procedural Motion

197

RESOLVED on the motion of moved by Councillor Bennison and seconded by Councillor Zbik that Items 7 and 9 be moved forward in the Agenda proceedings.

 

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Consultation Results for Closure of Canberra Avenue

 

MOTION

A Motion was moved by Councillor Southwood and seconded by Councillor Kennedy that Council: -

1.    Notes that a Construction Certificate No 202159/05 was determined on 29 September 2023 by McKenzie Group in the name of Silver Pond Investments Pty Ltd ATF Silver Pond Unit Trust for the development at 21-41 Canberra Avenue and 18-32 Holdsworth Avenue, St Leonards

2.    Notes that Top Spring has paid to Council Section 7.11 contributions totalling $5.149 million 

3.    Defers consideration of the recommendations made in respect of this matter to allow for more information to be provided to Councillors and the community as to the status of the closure of Canberra Avenue.

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillor Zbik and seconded by Councillor Roenfeldt that Council: -

1.         Confirms its intention to formally close that part of Canberra Avenue between its intersection with Duntroon Avenue and its intersection with River Road and integrate the land into Newlands Park, with public vehicle access to be retained until at least 1 November 2025 and near completion of the adjacent development;

2.         Refer the proposed closure and roundabout at the Canberra Avenue/Duntroon Avenue intersection to the Lane Cove Traffic Committee for comment; and

3.         Develop Masterplan for the upgrade of Newlands Park to consider the possible widening of Duntroon Avenue to improve the access for two-way traffic.

 

The Motion was put to the meeting and declared lost.

 

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 Mayor exercised a casting vote against the motion and the motion was declared lost.

 

 

198

Procedural Motion

An Extension of Time was moved by Councillor Zbik and seconded by Councillor Bennison for a 2 minute extension to be granted.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

199

 

 

Procedural Motion

Procedural Motion moved by Councillor Bennison and seconded by Councillor Mort that the Council Meeting be extended to midnight.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

200

The Foreshadowed Motion became the Motion and was carried.

 

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 Mayor exercised a casting vote for the motion and the motion was therefore carried.

 

Councillor Andrew Zbik left the meeting, the time being 11:00 PM

Councillor David Roenfeldt left the meeting, the time being 11:00 PM

 

Proposed Sale of Drainage Reserve-  Morrice Street and Tambourine Bay Road

201

RESOLVED on the motion moved by Councillor Bennison and seconded by Councillor Mort that Council:-

Consideration of the matter be deferred to the November Ordinary Council Meeting with a report for that meeting to address the matters raised during the October Council Meeting.

 

 

For the Motion were Councillors Bennison, Southwood, Kennedy, Flood, Bryla and Mort (Total 6).

Against the Motion was Nil (Total 0).

 

Councillor David Roenfeldt returned to the meeting, the time being 11:06 PM

Councillor Andrew Zbik returned to the meeting, the time being 11:06 PM

 

Notice of Motion - Climate Summit Report and Climate Emergency Strategy

 

MOTION

A Motion was moved by Councillor Bryla and seconded by Councillor Kennedy that Council:

1.   Note the contents of the key takeaways report and associated PowerPoint presentations by speakers at the recent Cities Power Partnership Climate Summit for Local Government 2023, presented by Councillor Bryla and Kennedy.

2.   Draft an overarching extra section, for consideration as an amendment to the Lane Cove Community Strategic Plan- Liveable Lane Cove (2035) for review at the 2024 Corporate Planning weekend with the aim to be included in the Next CSP review, and that these words outline how Lane Cove Council will strategically address our commitment on the Climate Emergency declaration as an overarching principle, guiding all Council goals and decision-making processes within each of the CSP themes, to meet our Climate Emergency Goals and for this section/paragraph to include but not be limited Council stating it’s intent of leadership to  act on the climate emergency declaration on all themes in our CSP.

3.   Research and investigate steps towards creating a culture within the council that considers Environmental sustainability and our declared Climate Emergency as a priority in every decision-making process, for example;

1.   Reach out to Darebin Council to understand how they have changed the culture within their organisation to prioritise the Climate Emergency;

2.   Utilise the Climate Council resources and experts to educate key staff, councillors and executives, via ‘Lunch and Learn’ and other initiatives;

3.   Explore ways that ensure that the decision-making process of every motion or report to council is considered within the context of; 

1.   Environmental Sustainability (including Climate Emergency); 

2.   Equity, Inclusion, Wellbeing and Human Rights;

3.   Economic and Cultural Development;

4.   Operational/Budget Impacts (noting that value for money is more than the price paid);

5.   Legal and Risk Implications 

4.   Commit to putting staff/Lane Cove Council forward for the next Cities Power Partnership awards.

 

FORESHADOWED MOTION

A Foreshadowed Motion was moved by Councillor Zbik and seconded by Councillor Roenfeldt that Council: -

1.   Note the contents of the key takeaways report and associated PowerPoint presentations by speakers at the recent Cities Power Partnership Climate Summit for Local Government 2023, presented by Councillor Bryla and Kennedy.

2.  Note Resolution 43/2020 at Point 2 that Council will “Include a new supplementary chapter in Council’s Sustainability Action Plan which outlines the 8 key directions identified.” 

3.  Notes the Community Strategic Plan has the following goals:

1.6.4 Build Climate Resilience and promote emergency preparedness throughout the community

2.1.3 Focus infrastructure planning and management on supporting sustainable ‘local living’ to meet the 2036 Energy Emissions and Water Use Reduction Targets and improve resilience to climate change.

3.1 To demonstrate sound environmental management so the community can play a role in addressing climate change.

4.  Notes the following initiatives are already included in the 2023/2024 Operational Plan (Refer to Resolution 105/2023): 

1.6.4.1 Implement the Climate Resilience Plan 

2.1.3.2 Increase understanding of climate risk and implement adaptation options

6.2.4.1 Align Council’s corporate systems with sustainability and climate resilience     objectives and provide internal education

5. Nominate for the next annual Cities Power Partnership Climate Awards.

202

 

 

Procedural Motion

An Extension of Time was moved by Councillor Southwood and seconded by Councillor Roenfeldt for a period of 2 minutes.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

The Motion was put to the meeting and declared lost.

 

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 Mayor exercised a casting vote against the motion and the motion was declared lost.

 

203

The Foreshadowed Motion then became the Motion and was carried.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Officer Reports for Determination

 

14 Gay St - Results of Investigations and Options for Future Use

 

MOTION

A motion was moved by Councillor Southwood and Councillor Kennedy that Council:

1.   Undertake community consultation in line with the community consultation strategy outlined in the report, on three (3) options for the future use of the 14 Gay Street property:

a.   Sub-divide the property into two (2) lots with the rear portion of the site being zoned as Bushland (C2) and the front portion of the site being zoned as residential land (R2) and construct a best practice sustainable home that can be used as a demonstration home before ultimately being sold to recoup part of the land acquisition costs.

b.   Sub-divide the property into two (2) lots with the rear portion of the site being zoned as Bushland (C2) and the front portion of the site being zoned as residential land (R2) and build two ‘micro houses’ (dual occupancy) that can be permanently used for affordable housing

c.   The entire lot be zoned as Bushland (C2)

2.   Include a bush track connection as part via the existing Council drainage reserve along the western edge of the site in any future proposals for the site;

3.   Include in the consultation material and other information that is relevant to the options detailed above such as indicative boundaries of subdivision, clarity as to whether marked buffer zone is to be on public or private land, and other information that is relevant to the options detailed above.

 

204

The Motion was put to the meeting and was carried.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Blackman Park Synthetic Sports Field Replacement

205

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Roenfeldt that Council:-

1.   The proposed program for delivery be received and noted;

2.   $2.5M be provided from Council’s Capital Works Reserve to fund the project in the 2023/24 financial year;

3.   Council note that as the project is the renewal of an existing asset, the General Manager will utilise his delegated authority to complete the procurement process.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Traffic Committee - September 2023

206

RESOLVED on the motion moved by Councillor Southwood and seconded by Councillor Kennedy that Council adopt the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 19 September 2023 with the exception of Item 2 which is to be deferred for further consultation with the Club.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Blackman Park Skate Park Demolition and Construction

207

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Roenfeldt that Council:-

1.         Accept the tender from Convic Pty Ltd for of $1.039M;

2.         Increase the project budget from $1,000,000 to $1,150,000 to cover the increased contract cost and allow a 10% contingency; and

3.         Authorise the General Manager to engage Convic Pty Ltd

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Council Policies Review

208

RESOLVED on the motion moved by Councillor Southwood and seconded by Councillor Zbik that Council adopt the revised draft policies as outlined and attached to this report. 

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Annual Financial Statements - Year Ended 30 June 2023

209

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Mort that Council :-i

1.   Adopt the Annual Financial Statements (AT-1) for the year ended 30 June 2023;

2.   In accordance with Section 413(2)(c) of the Local Government Act, 1993, authorise the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer to sign the “Statement by Councillors and Management” (AT-2) for the General Purpose Financial Statements and lodge them with the Office of Local Government by 31 October 2023;

3.   Note that the Annual Financial Statements will be placed on Council’s website for public comment; and

4.   Invite the Audit Office of NSW and Grant Thornton Australia to attend the Council meeting of 23 November 2023 to present the Auditors Report.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Additional 2023 Local Government NSW Conference Voting Delegate for Motions

210

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Bennison that Council:-

Nominate Councillor Southwood as Council’s fourth voting delegate for motions before the 2023 LGNSW Annual Conference.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Pecuniary Interest Returns 2023

211

RESOLVED on the motion moved by Councillor Bennison and seconded by Councillor Mort that Council note the report and tabling of Pecuniary Interest Returns of Designated Staff and Councillors for the return period 1 July 2022 to 30 June 2023.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

Officer Reports for Information

 

Council Snapshot - September 2023

212

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Mort that Council that Council receive and note the report.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

 

Procedural Motion

213

RESOLVED on the motion moved by Councillor Zbik and seconded by Councillor Flood that the Closed Committee Item be deferred to the November Ordinary Council Meeting.

 

For the Motion were Councillors Bennison, Southwood, Roenfeldt, Kennedy, Flood, Bryla, Mort and Zbik (Total 8).

Against the Motion was Nil (Total 0).

 

The meeting closed at 11:59pm

 

Confirmed at the Ordinary Council Meeting of 23 November 2023, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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