Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes

Ordinary Council Meeting

23 November 2023, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.

LC_WebBanner


Ordinary Council 23 November 2023

Minutes

 

PRESENT: Councillor S. Bennison (Mayor), Councillor M. Southwood, Councillor D. Roenfeldt, Councillor B. Kennedy, Councillor R. Flood, Councillor K. Bryla, Councillor D. Brooks-Horn, Councillor K. Mort and Councillor A. Zbik

 

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.

 

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 Items 6 Notice Of Motion - Sport & Recreation Facility Project - Reporting To Council And Community’ and 11 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 the two items.  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 Kennedy declared a non-significant non-pecuniary conflict of interest in Item 10 ‘Proposed Sale of Drainage Reserve – Morrice Street And Tambourine Bay Road – Follow Up Report’ as one of the owners is a member of a community group that Councillor Kennedy has associations with.  Councillor Kennedy indicated that 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 Items 6 Notice Of Motion - Sport & Recreation Facility Project - Reporting To Council And Community’ and 11 ‘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. 

Councillor Southwood declared a non-significant non-pecuniary conflict of interest in relation to Items 6 Notice Of Motion - Sport & Recreation Facility Project - Reporting To Council And Community’, 11 Sport And Recreation Facility - Management And Operating Model’, and 12 ‘Greenwich Baths Lease Arrangements - Community Consultation Outcomes’.  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 6, 11, and 12, 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 7 ‘Notice Of Motion - Deferral Of Council Decision On Partial Closure Of Canberra Avenue’ 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 Roenfeldt declared a non-pecuniary conflict of interest that is significant in relation to Item 10 Proposed Sale Of Drainage Reserve- Morrice Street And Tambourine Bay Road - Follow Up Report as a close Labor colleague could benefit from the outcome of the motion.  Councillor Roenfeldt indicated he would leave the meeting and would not debate nor vote on the matter.

Councillor Zbik declared a non-pecuniary conflict of interest that is significant in relation to Item 10 Proposed Sale Of Drainage Reserve- Morrice Street And Tambourine Bay Road - Follow Up Report as a close Labor colleague could benefit from the outcome of the motion.  Councillor Zbik indicated he would leave the meeting and would not debate nor vote on the matter.

Apologies

Nil

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.

 

Procedural Motion

214

RESOLVED on the motion of moved by Councillor Bennison and seconded by Councillor Roenfeldt that Item 9 ‘Presentation of Audited Annual Financial Statements – Year ended 30 June 2023’ be moved forward.

 

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).

 

Presentation of Audited Annual Financial Statements - Year Ended 30 June 2023

215

RESOLVED on the motion moved by Councillor Bennison and seconded by Councillor Mort that Council receive, note and adopt the Annual Financial Statements, together with the Auditors Report, for the year ended 30 June 2023.

 

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).

PUBLIC FORUM

Online

1.    Charles Lovecraft of Lane Cove in relation to the removed Disabled and Ambulance Parking Spots in Lane Cove.

In Person

2.    Stephen Curley of Northwood in relation to Item 6, Notice of Motion Sports & Recreation Facility Project  - Reporting to Council and Community,

3.    Gregory Hanna of Northwood in relation to proposed Signalised Intersection for the New Sports & Recreation Facility

4.    Antoinette Farrow of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

5.    Richard Muller of Lane Cove in relation to Item 7, Notice of Motion - Deferral of Council decision on partial closure of Canberra Avenue and Item 8, Notice of Motion - Council Compliance,

6.    Anne Miller of Northwood in relation to Item 8, Notice of Motion - Council Compliance,

7.    Paul Deschamps of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

8.    Greg Joss of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

9.    Guy Batten of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

10.  Susan Thompson of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

11.  Lyn Nasir of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

12.  Jacky Barker of Lane Cove in relation to Item 8, Notice of Motion - Council Compliance, Item 13 Draft Swimming Pool Inspection Program (Pool Safety) and Item 16, Council Policies Review – Part 2 (Enforcement Policy),

 

Councillor Scott Bennison left the meeting, the time being 7:56 PM and Councillor Roenfeldt assumed the Chair.

 

13.   Anthony Dibden of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

 

Councillor Scott Bennison returned to the meeting, the time being 7:59 PM and resumed Chair.

 

14.  Christopher Mooney of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

15.  Lyn McLoughlin of Lane Cove in relation to Item 25, Question with Notice - Sediment Control,

 

Councillor David Brooks-Horn left the meeting, the time being 8:05 PM

 

16.  Anita Thommesen of Lane Cove in relation to Trucks using Coxs Lane as a bypass,

 

Councillor David Brooks-Horn returned to the meeting, the time being 8:07 PM

 

17.  Christine Anderson of Lane Cove in relation to Trucks using Coxs Lane as a bypass

18.  Natalie Baker of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report

19.  Patricia Harney of Lane Cove in relation to Item 5 - Affirmation Of Commitment To Reconciliation

20.  Jenny Schneller of Northwood in relation to Item 8 – Council Compliance and Item 7 - Deferral Of Council Decision On Partial Closure Of Canberra Avenue

 

Written Submissions

Six (6) written submissions were received, those being from;

1.    Terese & Paul Sheridan of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

2.    Greg Andresen and Kylie Innocente of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

3.    Anthony and Marjolien Dibden of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

4.    Lyn Nasir, Tony and Marjolien Dibden, Greg Joss, Patricia Hale, Dianne Wathen, Cassandra Brill & Will Northam, Paul Deschamps, Guy Batten, Tim and Fiona Barthram , Susan Thompson, Antoinette Farrow and John Palmer, Paul and Terese Sheridan, Rohan Clarke, Sarah and Justin Barratt, Cassie Li, Greg Andresen, Melika Mokhtari and Chris Mooney, Brendan Walker, Susanne and Daniel Wik, Peter and Unity Taylor-Hill, Juey, and Jon and Alison Whitear of Lane Cove in relation to Item 10, Proposed sale of drainage reserve-  Morrice Street and Tambourine Bay Road – Follow up report,

5.    Ros Bradley of Lane Cove, in relation to item 5, Notice of Motion - Affirmation of commitment to reconciliation,

 

PROCEDURAL MOTION

216

RESOLVED on the motion of Councillor Brooks-Horn and seconded by Councillor Flood that, following public speakers, Standing Orders be resumed.

 

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).

 

Procedural Motion

217

RESOLVED on the motion of Councillor Brooks-Horn and seconded by Councillor Bennison that Item 10 ‘Proposed Sale Of Drainage Reserve- Morrice Street And Tambourine Bay Road - Follow Up Reportbe moved forward as the next item on the agenda to be considered.

 

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).

 

Councillor David Roenfeldt and Councillor Andrew Zbik left the meeting, the time being 8:21 PM

 

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

218

RESOLVED on the motion of Councillor Brooks-Horn and Councillor Flood that Council defer consideration of this matter and establish a working group that includes relevant staff, ward councillors and affected residents to look at how to move forward with the sale of the land and another report is to be presented to council once an outcome has been determined by the working party.

 

For the Motion were Councillors Bennison, Southwood, Kennedy, Flood, Bryla, Brooks-Horn and Mort (Total 7).

Against the Motion was Nil (Total 0).

 

Councillor Andrew Zbik and Councillor David Roenfeldt returned to the meeting, the time being 8:24PM.

 

Confirmation of Minutes of Ordinary Council - 19 October 2023

219

RESOLVED on the motion of Councillor Brooks-Horn and seconded by Councillor Mort that the minutes of the Ordinary Council meeting held on the 19 October 2023 be accepted.

 

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).

220

RESOLVED on the motion of Councillor Kennedy and seconded by Councillor Southwood that the minutes of the Ordinary Council meeting held on the 19 October 2023 be confirmed.

 

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

 

Mayoral Minute - DA Processing Times

221

RESOLVED on the motion of Councillor Bennison that Council notes the performance of its Planning team achieving the second fastest DA processing times in Sydney in FY 2022/23 and the fastest in Sydney for the year to date and congratulates the staff on this significant achievement.

 

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 Minute - NSW Government Planning Reforms

222

RESOLVED on the motion of Councillor Bennison that Council:

1.   Write to The Hon. Paul Scully, Minister for Planning and Public Spaces seeking greater collaboration and engagement with local government as a matter of urgency in relation to the NSW Government’s proposed housing reforms.

 

2.   Write to NSROC and request the Chair in her forthcoming meeting with the Minister for Planning and Public Spaces to seek greater collaboration and engagement with local government as a matter of urgency in relation to the NSW Government’s proposed housing reforms.

 

 

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 Minute - Australian Liveability Census

223

RESOLVED on the motion of Councillor Bennison that Council note its success in achieving first place in NSW and second overall in Australia in the 2023 Australian Liveability Census.

 

 

For the Motion were Councillors Bennison, Roenfeldt, Kennedy, Flood, Brooks-Horn, Mort and Zbik (Total 7).

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

 

MATTER ARISING

224

RESOLVED on the motion of Councillor Bennison and Councillor Roenfeldt that the General Manager prepare for the 2024 Corporate Planning Weekend a Schedule of Capital Works to cover the remainder of this Council term that has regard to staff capacity, budget (capital and operational) and prioritisation of projects.

 

For the Motion were Councillors Bennison, Roenfeldt, Brooks-Horn, Mort and Zbik (Total 5).

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

Orders Of The Day

 

Nil

 

Notices of Motion

 

Notice of Motion - Support for Early Childhood Education in the Local Government Sector

225

RESOLVED on the Motion of Councillor Flood and seconded by Councillor Zbik that Council:-

1.    Notes:-

a)    Local government is the largest provider of public early childhood education. Access to public early childhood education is vital to support working families, and the economic independence of families, and particularly women;

b)    The sector is currently undergoing a crisis, with 74% of the workforce planning on leaving within the next three years due to low wages and high workloads, and relatively few students entering the sector to replace them;

c)    Unpaid placements currently require students to sacrifice thousands of dollars in pay, in order to enter into a sector they are likely to ultimately leave;

d)    Child-care fees are rising substantially and there are large parts of the State, especially in regional NSW, where families cannot access any services for their children;

e)    The costs of addressing this crisis should be borne by state and federal governments, not by families who face increasing fees, or early childhood educators who are some of the lowest paid essential workers in our communities;      

f)     Council pays above Award rates.   

 

2.       Note the decision of the LGNSW Conference this month which resolved “That Local Government NSW commits to supporting councils to recruit and retain early childhood educators by calling on the NSW State Government to:

a)    increase support for public early childhood education services, including extending the paid placement funding offered to ECT students to Diploma and Certificate III students, and;

b)    support councils to expand high quality early childhood education and care through long daycare, out of hours care, pre-school, and occasional care”.   

 

3.    Write a letter in support of the above and request a meeting between the Premier, the Minister for Local Government, the Minister for Early Learning, Lane Cove Councillors and representatives of early childhood educators in the United Services Union to discuss progress on the matters resolved at the LGNSW Conference, including how the state government can support the council to take action on these recommendations in our LGA. 

 

 

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).

 

Notice of Motion - Howarth Road Parking Issues

226

RESOLVED on the Motion of Councillor Flood and Councillor Bryla that Council:

1.    investigate options for providing a pick up and drop off area in Howarth Road to assist residents when they are unable to find a parking space, and

2.      Notes such requests in future can be made administratively to Council Officers.

 

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).

 

 

Notice of Motion - Affirmation of Commitment to Reconciliation

 

MOTION

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

1.    will listen and seek guidance from Aboriginal and Torres Strait Islander peoples for direction on appropriate next actions following the Referendum that was held on 14 October 2023

2.    notes that all booths across the Lane Cove LGA returned a vote in favour of YES for a First Nations Voice to Parliament, demonstrating strong local support in our LGA

3.    accepts the invitation contained in the Uluru Statement from the Heart to walk with Aboriginal and Torres Islander peoples in a movement of the Australian people for a better future – including working towards Voice, Treaty and Truth

4.    affirms that the achievement of this objective is a priority of Council

5.    receives a report on or before the May 2024 meeting of Council on:

a)    strategies and other actions that may be taken by Council to achieve the objective outlined above including, but not limited to, review and, if required, amendment of Council’s Reconciliation Action Plan and

b)    an estimate of required funding. 

6.    writes to the Premier and to the Minister for Aboriginal Affairs and Treaty requesting that, when the State government consults on a Treaty Process for NSW, that Local Government is involved.

 

AMENDMENT

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

1.    Will listen and seek guidance from Aboriginal and Torres Strait Islander peoples for direction on appropriate next actions following the Referendum that was held on 14th October 2023. 

2.    notes that all booths across the Lane Cove LGA returned a vote in favour of YES for a First Nations Voice to Parliament, demonstrating strong local support in our LGA

3.    accepts the invitation contained in the Uluru Statement from the Heart to walk with Aboriginal and Torres Islander peoples in a movement of the Australian people for a better future – including working towards Voice, Treaty and Truth

4.    affirms that the achievement of the objectives outlined in points 1 and 3 is a priority of Council

5.    When appropriate, review Council’s Reconciliation Action Plan.

6.    Write to the Premier - Chris Minns MP and the Minister for Aboriginal Affairs and Treaty - David Harris MP requesting that when the State Government consults on a Treaty Process for NSW that Local Government is involved.  

7.    Acknowledge Lane Cove Council’s activities in this space that have included raising the Aboriginal Flag in Chamber, training in the Local Government Political system and career days, Joint co-operation agreement with St  Ignatius College, cultural days, bush tucker walks, special guest speakers and a host other activities pursuant to our current Reconciliation Action Plan (RAP).

 

 

Upon being put to the vote the Amendment was declared carried.

For the amendment were Councillors Bennison, Roenfeldt, Brooks-Horn, Mort and Zbik (Total 5).

Against the amendment were Councillors Southwood, Kennedy, Flood and Bryla (Total 4).

The amendment became the motion.

 

227

Procedural Motion

RESOLVED on the Motion of Councillor Bennison and seconded by Councillor Brooks-Horn that voting on these items be dealt with Ad Seriatim  (Points 1 to 7).

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).

 

228

1.            Will listen and seek guidance from Aboriginal and Torres Strait Islander peoples for direction on appropriate next actions following the Referendum that was held on 14th October 2023. 

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).

 

229

2.         notes that all booths across the Lane Cove LGA returned a vote in favour of YES for a First Nations Voice to Parliament, demonstrating strong local support in our LGA

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

Against the Motion were Councillors Bennison and Brooks-Horn (Total 2).

 

230

3.            accepts the invitation contained in the Uluru Statement from the Heart to walk with Aboriginal and Torres Islander peoples in a movement of the Australian people for a better future – including working towards Voice, Treaty and Truth

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

Against the Motion were Councillors Bennison and Brooks-Horn (Total 2).

 

231

4.         affirms that the achievement of the objectives outlined in points 1 and 3 is a priority of Council

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

Against the Motion were Councillors Bennison, Brooks-Horn and Mort (Total 3).

232

5.         When appropriate, review Council’s Reconciliation Action Plan.

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).

 

233

6.         Write to the Premier - Chris Minns MP and the Minister for Aboriginal Affairs and Treaty - David Harris MP requesting that when the State Government consults on a Treaty Process for NSW that Local Government is involved

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).

 

234

7.         Acknowledge Lane Cove Council’s activities in this space that have included raising the Aboriginal Flag in Chamber, training in the Local Government Political system and career days, Joint co-operation agreement with St  Ignatius College, cultural days, bush tucker walks, special guest speakers and a host other activities pursuant to our current Reconciliation Action Plan (RAP).

For the Motion were Councillors Bennison, Roenfeldt, Kennedy, Flood, Brooks-Horn, Mort and Zbik (Total 7).

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

 

 

 

Councillor David Brooks-Horn left the meeting, the time being 09:43 PM

 

Notice of Motion - Sport & Recreation Facility Project - Reporting to Council and Community

 

MOTION

 

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

 

(a)       notes the requirement of the Director, Sector Performance and Intervention in the Office of Local Government in the letter to Council of 11 October 2022 that it is essential that clear accountability for Sport and Recreation Facility project reporting to both Council and the community is provided throughout, so that the community is kept informed of key elements, costs and decisions made in relation to the project.

 

(b)       notes Section 12 Reporting in the Office of Local Government Capital Expenditure Guidelines December 2010 requires Council to put mechanisms in place to report on all aspects of a project and that the minimum reporting requirements for all capital expenditure projects include:-

            (i) quarterly reporting to the council on the progress of the project

(ii) quarterly reporting to the council on the costs and budget variances regarding the project. Where costs and budget variances are reported by line item, the report should also include the impact on the total project.

(iii) any issue that may have an adverse impact on the project (this may include monetary and non-monetary inputs and outcomes). The risk management plan may be relevant in this regard.

 

2.  that the General Manager provide a high-level update/report on the progress of the Sport and Recreation Facility project to each Council meeting until the project is complete.

 

3. that the General Manager provide to Councillors in workshop quarterly reports containing the information outlined in Section 12 Reporting of the Office of Local Government Capital Expenditure Guidelines December 2010.

 

 

235

Extension of Time

A brief Extension of Time for Councillor Southwood was moved by Councillor Bennison and seconded by Councillor Zbik.

 

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

Against the Motion was Nil (Total 0).

 

Upon being put to the meeting, voting on the motion was equal.

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.

 

 

FORESHADOWED MOTION

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

1.         Notes that the General Manager will report to Councillors in the first instance in a Councillor Briefing any material changes to the delivery of the project.

2.         Notes updates on the progress of the Sport and Recreation Centre are already provided:

a)         Each month in the Monthly Council Snapshot. 
b)         On the Lane Cove Council website which is updated every month (Refer to
https://www.lanecove.nsw.gov.au/Home/Tabs/Hot-Topics-and-Major-Projects/Sport-and-Recreation-Centre). 
c)         Every February, May, August and November as reported in the Quarterly Review of Council’s Delivery Program, Operational Plan and Quarterly Budget Review. 
d)         Each year in Council’s Annual Report.

 

 

The Foreshadowed Motion became the Motion was then put to the meeting and the voting was equal.

 

 

 

236

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 declared carried.

 

 

Councillor David Brooks-Horn returned to the meeting, the time being 10:02 PM

 

Notice of Motion - Deferral of Council Decision on Partial Closure of Canberra Avenue

 

MOTION

 

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

 

1.         notes that Councillors had been advised prior to the meeting of 20 July 2023 that a decision on the partial closure of Canberra Avenue was required to facilitate the grant of a Construction Certificate to Top Spring

2.         notes that a Construction Certificate was issued to Top Spring on 29 September 2023 – before the 19 October 2023 meeting to consider the partial closure of Canberra Avenue

3.         notes that, as at 19 October 2023, the Construction Certificate was not on the Council website and its existence only became apparent through a reference to it in the answers to Questions on Notice in the 19 October 2023 business papers

4.         notes that on 18 October 2023 Councillors were made aware by a Councillor of the grant to Top Spring by Council of an Approval for Works on Council Property under Section 138 of the Roads Act 1993

5.         notes that this Approval included demolition and earthworks on Canberra Avenue

6.         notes that this Approval was granted on 30 August 2023, seven weeks before Council was to make a decision on the partial closure of the road for which Approval had been given for demolition

7.         notes that this Approval had not been uploaded to Council’s website and that it was not mentioned in the business papers for the 19 October 2023 meeting

8.         notes that the Approval was not stated to be conditional upon a future Council decision to partially close Canberra Avenue

9.         acknowledges that the failure to disclose on Council’s website and in the 19 October 2023 business papers the grant of the Approval in 4 above has caused community members to raise questions about Council’s commitment to transparent and meaningful community engagement in the consultation process for the partial road closure

10.      notes that Top Spring may commence works on its site as it holds a Construction Certificate

11.       notes that, under Section 140 of the Roads Act, Council may at any time revoke a consent given under Division 3 of the Act

12.       in the interests of community confidence in the integrity of Council processes, will defer consideration of recommendations that may come from the Lane Cove Traffic Committee in respect of the partial closure of Canberra Avenue until a scheduled meeting of Council that includes, in the business papers for that meeting, a report detailing:

a.    The background to the issue of the Approval referred to in 4 above and the issue of the Construction Certificate referred to in 2 above prior to the Council meeting of 19 October 2023, and

b.    The status of the closure in the light of the Approval referred to in 4 above.

 

 

 

Foreshadowed Motion

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

1.    Notes that in May 2020 Council resolved “Subject to Ministerial approval of Planning Proposal 25:- (a) commence the process to close Canberra Avenue, between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park once the s7.11 Plan funding has been confirmed.”  (Refer to resolution 68/2020)

2.    Notes that in July 2023 Council resolved to (Refer to resolution 119/2023):

a.    “Undertake Community Consultation and public notification for the partial closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park, as outlined in the report.”

b.    The reference to the “report” mentioned in (a) above explains the process to partially close the road under the Roads Act 1993 (NSW).

 

 

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, Brooks-Horn, Mort and Zbik (Total 5).

 

237

The Foreshadowed Motion became the Motion.

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

 

For the Motion were Councillors Bennison, Roenfeldt, Brooks-Horn, Mort and Zbik (Total 5).

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

 

 

Notice of Motion - Council Compliance

 

MOTION

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

1.   Undertake a service level review of council compliance to address any concerns regarding:

a.   Resourcing and capacity for staff handling all compliance matters

b.   Council culture with regards to compliance

2.   Provide a benchmark to compare Lane Cove Council compliance staffing capacity with similarly sized metro councils.

 

 

FORESHADOWED MOTION

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

1)          Acknowledges the Audit, Risk and Compliance functions and activities at Lane Cove Council are an ongoing activity and presents an opportunity for Council to continually review and improve its processes and services; 

2)         Acknowledges Councillors in partnership with Council’s Executive Leadership team have a role in setting the "tone" and providing leadership to create a successful culture with regards to compliance;

3)          Notes benchmarking providing comparisons to other Council’s is already provided as part of the share-services agreement for Internal Audit services; 

4)         Notes Council already benchmarks itself against neighbouring Councils including Hunters Hill, Ryde, Ku-Ring-Gai, North Sydney and Strathfield;

5)         Notes the following Audits have been completed since 2016: 

a)        Project Management 

b)        Investment Policy & Procedures

c)         Fraud & Corruption Control

d)        Complaint Management 

e)        Cyber Security Planning

f)          Contract Management 

g)        Records Management

h)        Privacy Management 

i)          IT Access Controls

j)          Recruitment Systems & Procedures

k)         Accounts Payable Procedures

l)          Accounts Receivable Procedures

m)       Cash Handling Procedures

n)        Rates and Revenue Recognition

o)        Community Grants

p)        Building Facilities Management 

q)        Development Applications

r)         Health Inspections

s)         Parking Management 

t)          Food Shop Inspections

u)        Business Continuity Planning

v)         Grants and Financial Assistance to Community Groups

w)        Integrated Planning and Reporting

6)         Notes Council has engaged the following external firms to conduct audits:

a)    Grant Thornton

b)    Prosperity Audit Services

c)    Centium

d)    InConsult

7)         Notes feedback has always been positive from Auditors about the culture of compliance and audit at Lane Cove Council;

8)         Notes six out of nine Councillors have attended the Internal Audit Committee (IAC) and Audit, Risk and Improvement Committee (ARIC) in this term of Council;

9)         Notes all Councillors were invited to attend an "in camera" session with Grant Thornton in the absence of Council Officers and Executive Leadership team to discuss the 2023 Annual Financial Statements. Two Councillors attended the meeting which was held during business hours; and 

10)       Notes the Council Compliance Audit (covering buildings, swimming pools and fire safety) was included in the 2023/24 Audit Program by the ARIC in June 2023.

 

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, Brooks-Horn, Mort and Zbik (Total 5).

238

The Foreshadowed Motion became the motion and was put to the meeting and declared carried.

 

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).

 

 

Procedural Motion

239

RESOLVED on the motion moved by Councillor Mort and seconded by Councillor Brooks-Horn that Item 14 ‘Community Consultation Results on the Draft Revised Investment Policy’, Item 15 ‘Committee Member Appointment – The Age Friendly Lane Cove Committee’, Item 17 ‘2023/24 Budget – First Quarter Review’, Item 18 ‘Delivery Program and Operational Plan – 2023/24 First Quarter Review’ Item 19 ‘Lane Cove Council Draft Annual Report - 2022/23’, Item 20 ‘Audit, Risk and Improvement Committee – 2022/23 Annual Report’ and Item 21 ’Council Snapshot – October 2023’ be considered En Globo.

 

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).

 

Officer Reports for Determination

 

Councillor David Brooks-Horn left the meeting, the time being 10:39 PM

 

Community Consultation Results on the Draft Revised Investment Policy

240

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that Council adopt the Draft Revised Investment Policy with an effective date of January 2024.  

 

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).

 

Committee Member Appointment - The Age-Friendly Lane Cove Committee

241

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that Council:

1.         Endorse Bruce Fraser and Bev Young for the Age-Friendly Advisory Committee, and:

2.         Notify all applicants of Council’s decision.

 

 

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).

 

 

2023/24 Budget - First Quarter Review

242

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that the 2023/24 Budget be varied as follows:-

 

 

Original Budget

(000’s)

First Quarter Adjustments

(000’s)

Revised

Budget

(000’s)

Operating Income

59,816

574

60,390

Operating Expenditure

59,743

576

60,319

Surplus/(Deficit) before

Capital Grants/Contributions

73

(2)

71

Capital Grants/Contributions

5,944

370

6,314

Surplus/ (Deficit)

6,017

368

6,385

 

Capital Expenditure

 

54,839

 

7,408

 

62,247

Funded by:

 

 

 

Transfers from Reserves

30,444

7,040

37,484

Grants and Contributions

5,019

370

5,389

Sale of Assets

241

-

241

General Revenue

19,135

(2)

19,133

Total Funding

54,839

7,408

 

62,247

 

 

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).

 

Delivery Program and Operational Plan - 2023/24 First Quarter Review.

243

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that the First Quarter Review of the 2023/24 Delivery Program and Operational Plan be received and noted.

 

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).

 

 

Lane Cove Council Draft Annual Report 2022/23

244

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that:-

1.  Council adopt the Draft Annual Report at AT-1 for 2022/23;

2.  The adopted Annual Report be forwarded to the Minister for Local Government; and

     3.  The Annual Report be published on Council’s website.

 

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).

 

Audit, Risk and Improvement Committee - 2022/23 Annual Report

245

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that Council:-

1.         receive and note the Audit, Risk and Improvement Committee Annual Report for year ended 30 June 2023; and

2.         thank former independent member, Bernice Kesbah for her outstanding contribution to the Committee. 

 

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).

 

Council Snapshot - October 2023

246

RESOLVED on the Motion moved by Councillor Brooks-Horn and seconded by Councillor Kennedy that the report be received and noted.

 

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).

 

Extension of Time

 

An extension of time was moved by Councillor Bennison and seconded by Councillor Zbik that a 30 minute extension be granted to extend the Council Meeting to 11.30pm.

 

 

For the Motion were Councillors Bennison, Brooks-Horn, Roenfeldt, Mort and Zbik (Total 5).

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

 

Given there were at least three Councillors who did not support the request for an extension of time beyond 11.00pm, the Motion was declared lost.

 

 

Procedural Motion

247

RESOLVED on the motion moved by Councillor Bennison and seconded by Councillor Mort that Council close the meeting and refer Item 11 ‘Sport and Recreation Facility – Management and Operating Model’, Item 12 ‘Greenwich Baths lease Arrangements – Community Consultation Outcomes’ Item 13 ‘Draft Swimming Pool Inspection Program’, Item 16 ‘Council Policies Review – Part 2 and Item 26 ‘Mayoral Minute – General Manager’s Performance Plan 2023/24’ to the Ordinary Council Meeting of 7 December 2023.

 

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 11.00pm

 

Confirmed at the Ordinary Council Meeting of 7 December 2023, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********