Minutes of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 3 April 2012

Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors S Holland & E Malicki (Comenarra Ward)

Councillors E Keays & C Szatow (Gordon Ward)

Councillor R Duncombe (Roseville Ward)

Councillors T Hall & C Hardwick (St Ives Ward)

Councillor D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Acting Director Corporate (Tino Caltabiano)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Manager Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Design (Bill Royal)

Team Leader Urban Planning (Craige Wyse)

Senior Urban Planner (Terri Southwell)

Director Community (Janice Bevan)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Kim Thomas)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

Apologies

File: S02194

Councillor Ian Cross tendered an apology for non-attendance [illness] and requested leave of absence.

Resolved:

(Moved: Councillors McDonald/Malicki)

That the apology by Councillor Cross be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

Councillor Elise Keays advised that as she lives in Beaconsfield Parade and though it sits outside the Town Centres LEP which will be decided upon, she believes she does not have any conflict or pecuniary interests in reference to GB.8 - Ku-ring-gai Local Centres - Planning Proposal and that there is no need for her to leave during debate of the item.

Councillor Duncan McDonald advised that in relation to NM.1 - Assessment of The Glade, Wahroonga to house Athletics Facilities - Notice of Rescission, he does not hold any position with, by way of, any committee or otherwise with either School nor the sporting bodies that his family had associations with in the past.

The Mayor, Councillor Jennifer Anderson declared that in reference to GB.7 - Tender T50/2011 - Balcombe Park Playground Upgrade plus associated Landscape Works that through her role as Councillor, she met the owner of the adjacent property, Mr Fuller in relation to heritage matters as Chair of Council's Heritage Reference Committee. Mr Fuller subsequently did provide her with a statement supporting her election to Council in 2008. The statement did not appear in any printed election brochures but was in mail to 12 residents. This may be perceived as a non-pecuniary interest but, if so, she considers that it is not significant and that she will remain in the Chamber.

The Mayor also advised that whilst not declaring a conflict tonight in relation to GB.8 - Ku-ring-gai Local Centres - Planning Proposal in the issue of covenants in the draft Local Centres LEP, she would like to clarify that her previous declaration regarding conflict in covenants was in relation to her family home potentially being affected by covenants relevant in the principal LEP. She advised that she has no such conflict in the Local Centres LEP area and finally, in relation to NM.1 - Assessment of The Glade, Wahroonga to house Athletics Facilities Rescission, one of her now adult children attended Abbotsleigh but that she has no ongoing involvement with the School.

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499

Resolved:

(Moved: Councillors Malicki/McDonald)

A. That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of the following Confidential reports and respective attachments:

C.1 Oasis CDO - Funding Agreement with International Litigation Partners No 5 Limited ("ILP")

C.2 Additional Legal Advice - Part 3A Application to Lindfield Shopping Centre Mixed-Use Development (Major Project 08_0244)

B. That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of Confidential Attachments to the following General Business Item report:

GB.7 Tender T50/2011 - Balcombe Park Playground Upgrade plus associated Landscape Works

CARRIED UNANIMOUSLY

Address the Council

The following members of the public addressed Council on items not on the Agenda:

J Harwood

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Items:	Refer GB.8 - Ku-ring-gai Local Centres - Planning Proposal - Attachment 8 - Memorandum by Manager Records and Governance dated 2 April 2012 advising Councillors ONLY who receive hardcopy business papers of printing errors (character fonts missing) in the attachments to the report and especially Attachment 8 - Written Instrument which is attached to the memorandum.
Memorandums:	Refer GB.8 - Ku-ring-gai Local Centres - Planning Proposal - Memorandum by Manager Urban and Heritage Planning dated 28 March 2012 to Councillors, General Manager and Directors ONLY regarding A3 Attachments to Attachments 4, 5, 6 and 11 of the report.
	Refer GB.8 - Ku-ring-gai Local Centres - Planning Proposal – Memorandum by Manager Urban and Heritage Planning dated 3 April 2012 to Councillors, General Manager and Directors ONLY regarding A4 riparian maps and amendments to height of buildings maps and change in Schedule 5 of the draft instrument.
Councillors Information:	Engagement of Ray White Real Estate Gordon - Memorandum by Director Strategy and Environment dated 3 April 2012 in answer to a Question Without Notice raised by Councillor Tony Hall at the Ordinary Meeting of Council held on 20 March 2012.
Late Confidential Items:	Refer C2 - Additional Legal Advice - Part 3A Application to Lindfield Shopping Centre Mixed-Use Development (Major Project 08_0244) - Confidential Report by Director Strategy and Environment and General Manager dated 2 April 2012 and including two confidential attachments.

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 20 March 2012

Minutes numbered 57 to 74

Resolved:

(Moved: Councillors Szatow/Keays)

That Minutes numbered 57 to 74 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

Funding Request for Moree Flood Appeal

File: FY00275/4

Vide: MM.1

Councillors would be aware of the devastating impacts to the communities of regional NSW from the recent floods. Northern NSW was severely effected with large parts of fertile cropping regions submerged. The NSW country town of Moree was split in two by floodwaters. The flooding was the largest in the last 35 years and the town relied on receiving supplies by air. Several thousands of people were sheltered in evacuation centres as low-lying parts of the town were inundated by the Mehi River.

The Australian Local Government Women’s Association (ALGWA) of NSW has written to Council (see Attachment A1). The executive of the Association felt that Moree Plains Local Government area in particular suffered significantly and resolved to offer financial support to the community. The executive resolved to write to all
152 Councils to launch the Moree Flood Appeal and ask each Mayor to put up a Mayoral Minute moving that their Council supports the appeal and makes a donation.

I understand that Council’s budgets are constrained, however, Councils across the State should support each other in times of hardship.

Resolved:

That Council support the appeal by making a donation of $1,000 to the ALGWA NSW Moree Flood Appeal.

CARRIED UNANIMOUSLY

Residents request Traffic Calming Devices along Yarrabung Road, St Ives between Killeaton and Stanley Streets - (Thirty-six [36] Signatures)

File: TM9/04

Vide: PT.1

The following Petition was presented by Councillor Tony Hall:

"We, the undersigned electors of Ku-ring-gai, petition that, as a matter of urgency that
Ku-ring-gai Council install significant quietly operating traffic calming devices along the stretch of Yarrabung Road between Killeaton and Stanley Streets.

Our purpose is to reduce traffic speed created disincentive for nearby Mona Vale Road and Link Road users to use our local suburban street as a high-speed and convenient thoroughfare and thereby restore our residential environment to one of quality and safety."

Resolved:

(Moved: Councillors Hall/Hardwick)

That the petition be received and referred to the appropriate Officer of Council for attention and advice back to the petitioners.

CARRIED UNANIMOUSLY

21 Newhaven Place, St Ives - Proposed Development - (Thirteen [13] Signatures)

File: S07257

Vide: PT.2

The following Petition was presented by Councillor Tony Hall:

"We, the undersigned, are in favour of the property at 21 Newhaven Place being developed as a park for the enjoyment and recreation of children and residents in an already densely populated area with a high traffic flow."

Resolved:

(Moved: Councillors Hall/Hardwick)

That the petition be received and referred to the appropriate Officer of Council for attention and advice back to the petitioners.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Lindfield and St Ives Early Childhood Centres - Lease Renewals

File: S07512

Vide: GB.1

For Council to consider lease and licence renewals to NSW Health Northern Sydney Local Health District (NSLHD) for the Lindfield Early Childhood Centre at 12 – 18 Tryon Road, Lindfield, and the and St Ives Early Childhood Centre at 11 – 21 Cowan Street, St Ives, for a period of three years, plus an option to renew at Council’s sole discretion for three years, giving a total term of six years.

Resolved:

(Moved: Councillors Keays/Szatow)

A. That Council resolve to grant a lease for a term of three year plus an option to renew at Council’s sole discretion for three years giving a total term of six years to the NSW Health Northern Sydney Local Health District for the property at unit 1 in Strata Plan 37466 located at 12 – 18 Tryon Road, Lindfield for the Lindfield Early Childhood Centre.

B. That Council resolve to grant a licence for a term of three years plus an option to renew at Council’s sole discretion for three years giving a total term of six years to the NSW Health Northern Sydney Local Health District for the property at 11 – 21 Cowan Street, St Ives for the St Ives Early Childhood Centre.

C. That Council give public notice of 28 days of its intention to grant a lease and a licence agreement to NSW Health Northern Sydney Local Health District, in accordance with S47 of the Local Government Act.

D. That under their delegated powers, the Mayor and General Manager affix Council’s Seal and sign and execute the relevant documentation.

CARRIED UNANIMOUSLY

Asset Management Strategy Consultation Process

File: S08989

Vide: GB.5

To seek Council's endorsement of the consultation process for the Asset Management Strategy.

Resolved:

(Moved: Councillors Keays/Szatow)

That Council endorse the consultation process for the development of Council’s Asset Management Strategy.

CARRIED UNANIMOUSLY

Open Space Reference Committee - Meeting held on 20 February 2012

File: S07618

Vide: GB.6

To advise Council of the notes from the Open Space Reference Committee Meeting held on 20 February 2012.

Resolved:

(Moved: Councillors Keays/Szatow)

That the notes of the Open Space Reference Committee Meeting held on 20 February 2012 be received and noted.

CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with items

where there are speakers first after a

Motion moved by Councillors Keays and Szatow

was CARRIED UNANIMOUSLY

Motions of which due Notice has been given

84	Assessment of The Glade, Wahroonga to house Athletics Facilities File: S02670 Vide: NM.1
	The following members of the public addressed Council: G Hasler J James D Sully G Bowden D Tobin P Abraham
	Notice of Rescission from Councillors Malicki, Cross, Hardwick and Hall dated 20 March 2012 "We, the undersigned, move rescission of the decision made on 20 March 2012 with regard to GB.5 - "Assessment of The Glade, Wahroonga to house Athletics Facilities". If the Rescission Motion is successful, we will move the Officer's Recommendation from the report of 14 February 2012 (copy attached) at the meeting of 20 March 2012."
	Motion: (Moved: Councillors Malicki/Hardwick) That the above Notice of Rescission as printed be adopted. For the Motion: Councillors Hardwick, Holland, Malicki and Hall Against the Motion: The Mayor, Councillor J Anderson, Councillors Duncombe, Keays, McDonald and Szatow No decision was taken in respect of the above matter as the Motion when put to the vote was LOST

GENERAL BUSINESS (cont)

A Motion moved by

the Mayor, Councillor J Anderson and Councillor Keays

that voting on the following Item -

Ku-ring-gai Local Centres - Planning Proposal

be in seriatum was

CARRIED UNANIMOUSLY

85	Ku-ring-gai Local Centres - Planning Proposal File: S08958 Vide: GB.8
	The following members of the public addressed Council: D Yorath S Marshall R Fey G Gurney N Dougall Y Jayawardena D Gentle N Richter C Wells C McFadzean D Brew V Harris G Lewis L Hudson J Rowsell W Zagoridis K Cowley G Tabuteau M Bell S Allnutt
	To have Council consider the Ku-ring-gai Local Centres – Planning Proposal for submission to the NSW Department of Planning and Infrastructure. Councillor Hardwick withdrew during discussion Councillor Hardwick returned during debate Council adjourned for 5 minutes after a Motion moved by Councillors Malicki and McDonald was CARRIED UNANIMOUSLY The Meeting resumed at 10.30pm Those present were: Mayor, Councillor J Anderson Councillor R Duncombe Councillor T Hall Councillor C Hardwick Councillor S Holland Councillor E Keays Councillor E Malicki Councillor D McDonald Councillor C Szatow Following the adjournment, Council resolved itself into Open Committee of the Whole which was moved by Councillors Hall and Szatow For the Motion: Councillors Duncombe, Hardwick, Holland, Keays, McDonald, Szatow and Hall Against the Motion: The Mayor, Councillor J Anderson and Councillor Malicki Council resolved to return from Open Committee of the Whole which was moved by Councillors Malicki and McDonald and was CARRIED UNANIMOUSLY
	Resolved: (Moved: Mayor, Councillor J Anderson/Councillor Szatow) A. That the Planning Panel Proposal for the new Local Centres LEP be endorsed and submitted to the Department of Planning and Infrastructure for a gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act, 1979 except as amended below: For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall 1. That the Height of Buildings Map be amended apply a maximum height of 9.5 metres (category J) to 15 to 27 Shinfield Avenue,11 Pildra Avenue and 12,16 and 18-22 Stanley Street, St Ives. 2. That Schedule 5, be amended, in reference to 207 Mona Vale Road, St Ives, to read "St Ives Public School - Former St Ives Public School buildings". 3. The building height of 8 Pymble Avenue, Pymble be amended to 14.5m and the FSR to 1:1. 4. The properties at 1 Avon Road, Pymble and 6 Beechworth Road, Pymble be included as heritage items of local significance under Schedule 5 and also be shown on the Heritage Map. 5. Under clause 6.2 Ground floor development in business zones, subclause (3) be amended by inserting the words "commercial or mixed use" before the word "building" where it first occurs. 6. Under Schedule 1 Additional permitted uses, item 24 use of certain land at 1-20, 22 and 24 Stanley Close, St Ives be deleted. 7. The title of all maps be amended by deleting the word "Town" and inserting instead the word "Local". 8. Clause (2)(e) under ‘Advertisements – general requirements’ in Schedule 2 be amended to “must use LED technology or a lighting source of equivalent efficiency, and”. CARRIED UNANIMOUSLY Lindfield 9. The properties Nos 12, 14 and 16-24 Nelson Road, Lindfield be zoned R2 – Low Density Residential. CARRIED UNANIMOUSLY 10. The properties nos. 22, 24 and 26 Russell Avenue, Lindfield be zoned R2 – Low Density Residential. CARRIED UNANIMOUSLY Pymble 11. The area covering Nos 2 and 4 Park Crescent; Nos 91 and 93 Grandview Parade (rear portion) and No 2 Alma Street be zoned B2 – Local Centre and assigned a maximum FSR of 1.6:1 and a maximum building height of 11.5 metres (3 storeys). CARRIED UNANIMOUSLY 12. The property No 1186 Pacific Highway, Pymble (Ku-ring-gai Town Hall) be zoned R4 with an FSR of 0.5:1 and a height limit of 9.5 metres (2 storeys). Schedule 1 Additional Permitted Uses to include business and office premises, restaurants, entertainment facilities, function centres, retail premises and community facilities. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, McDonald, Szatow and Hall Against the Resolution: Councillor Malicki Suspension of Covenants 13. That the Clause 1.9A Suspension of covenants, agreements and instruments of the LEP written instrument be amended to ensure it does not apply to the R2 Low Density Residential Zone. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Holland, Keays, McDonald and Szatow Against the Resolution: Councillors Hardwick, Malicki and Hall Gordon 14. The properties Nos 6-34 Moree Street, Gordon be zoned R2 – Low Density Residential. For the Resolution: The Mayor, CouncillorJ Anderson, Councillors Duncombe, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillors Hardwick and Hall 15. The area covering the properties Nos 756-780 Pacific Highway, Gordon be assigned a B2 zone, a maximum FSR of 2.8:1, and a maximum building height of 20.5 metres (6 storeys). CARRIED UNANIMOUSLY 16. The area covering the properties Nos 2, 4, 4A Moree Street; and 21 and 23 St Johns Avenue, Gordon be assigned a B2 zone, a maximum FSR of 2.5:1, and a maximum building height of 20.5 metres (6 storeys). CARRIED UNANIMOUSLY 17. The commercial properties Nos 747-767 Pacific Highway, Gordon be assigned a maximum FSR of 3.0:1 and a maximum building height of 23.5 metres (7 storeys). CARRIED UNANIMOUSLY 18. The commercial properties Nos 773-793 Pacific Highway, No 2 Park Avenue (Council Library) and No 1 Wade Lane (Council Car Park), Gordon be assigned a maximum FSR of 3.0:1 and a maximum building height of 20.5 metres (6 storeys). For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall 19. The commercial properties Nos 854-924 Pacific Highway, Gordon be assigned a maximum FSR of 2.0:1 and a maximum building height of 20.5 metres (6 storeys). For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall 20. The properties Nos 30, 32 and 34 Henry Street, Gordon be assigned an FSR of 1.6:1 and a maximum building height of 5 storeys. In addition Schedule 1 Additional Permitted Uses - allow a maximum of 0.5:1 FSR for business or office premises. CARRIED UNANIMOUSLY 21. The properties Nos 1 and 3 Park Avenue , No 91 Werona Ave and No 2 Park Lane, Gordon to be zoned R2 - Low Density Residential. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall Turramurra 22. Turramurra Town Centre to be exhibited according to the revised Turramurra Land Use Strategy map (revised as per Ward Councillor suggestions) specifically: a. The area covering Nos 1 and 5 Ray Street and No 12 William Street (including the Coles Supermarket and Council’s Car Park), Turramurra be assigned a maximum FSR of 1.8:1 and a maximum building height of 17.5 metres (5 storeys). For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall b. The area between Rohini Street and Turramurra Avenue covering the commercial property Nos 1293-1333 Pacific Highway, Turramurra be assigned a maximum FSR of 2.5:1 and a maximum building height of 17.5 metres (5 storeys). For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald, Szatow and Hall Against the Resolution: The Mayor, Councillor J Anderson and Councillor Duncombe c. The area covering Nos 1364-1396 Pacific Highway (including Turramurra Plaza); and Nos 1, 1A and 3 Kissing Point Road (including Council’s Car Park), Turramurra be assigned a maximum FSR of 2.0:1 and a maximum building height of 17.5 metres (5 storeys), and a park be included on the western side of the existing road in Council’s Local Centres Development Control Plan (DCP). For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall d. The commercial properties Nos 1-39 Rohini Street be assigned a maximum building height of 9.5 metres (2 storeys) along the Rohini Street frontage. For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall e. The residential properties, in the area between Finlay Road and Lamond Drive, including Nos 1456A, 1454, 1448, 1446A, 1444B Pacific Highway be assigned a height limit of 11.5 metres (3 storeys) and FSR 0.8:1 over that part of the lots measured 40 metres from the rear (south western) boundary and 17.5 metres (5 storey) and FSR 1.3:1 over the remainder of the lots towards the Pacific Highway. For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall f. The residential properties, in the area between Finlay Road and Lamond Drive, including Nos 1446, 1450, 1452, 1456 Pacific Highway be assigned a height limit of 17.5 metres (5 storeys) and an FSR of 1.3:1. For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall g. The commercial properties Nos 4, 6, 8 and 10 William Street, Turramurra be zoned B2 – Local Centre and be removed from the Land Reservation Acquisition Map (Local Open Space). For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall h. The residential property No 15 Gilroy Road be zoned R4 – High Density Residential and be removed from the Land Reservation Acquisition Map (Local Road). For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall Roseville 23. That the former Commonwealth Bank and O’Brien Glass site (71-83 Pacific Highway and 64-70 Pacific Highway, Roseville) be reduced from 6 storeys to 4 storeys with a FSR 2:1. For the Resolution: Councillors Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe and Hall 24. To delete the following from the Officer’s report (page 35): “up-zoning land in Area 7 - Wolseley/Treatts Roads from low density housing to R4 5 storey apartments”. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall St Ives 25. That St Ives Shopping Village have a FSR of 2.3:1. For the Motion: Councillors Duncombe, Hardwick and Hall Against the Motion: The Mayor, Councillor J Anderson, Councillors Holland, Keays, Malicki, McDonald and Szatow No decision was taken in respect of the above matter as the Motion when put to the vote was LOST Turramurra 26. That a heritage conservation area be included incorporating Hillview and adjacent heritage properties on Pacific Highway and properties included for heritage listing in Boyd Street Turramurra. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall B. That delegation be granted to the General Manager to make all necessary corrections and amendments to the draft Local Centres LEP and Planning Proposal for drafting inconsistencies, or minor amendments as necessary to ensure consistency with NSW Standard Order Template and Department of Planning & Infrastructure policy. CARRIED UNANIMOUSLY C. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act, 1979 and with the Gateway Determination requirements. CARRIED UNANIMOUSLY D. That Council’s draft Planning Proposal for the draft Principal Local Environmental Plan be amended to assign a R3 Medium Density Residential zone for the following properties 12 and 16 Beaconsfield Parade, Lindfield and 9B, 11, 15 and 17 Gladstone Parade, Lindfield. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Malicki, McDonald and Hall Against the Resolution: Councillors Keays and Szatow E. That 9B, 11, 15, 17 Gladstone Parade and 12, 16 Beaconsfield Parade be removed from the proposed draft HCA in the Principal LEP – Planning Proposal. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Malicki, McDonald and Hall Against the Resolution: Councillors Keays and Szatow F. That a report be brought back to Council at the conclusion of the exhibition period. CARRIED UNANIMOUSLY G. That a copy of Council's proposal go to the Minister and Premier with a letter asking them to support a Gateway Determination for the DLEP. For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow Against the Resolution: Councillor Hall H. That 2 Nulla Nulla Street retain its heritage listing and be zoned R3 Medium Density in addition the adjoining property at 6 Nulla Nulla Street be also zoned R3 Medium Density. CARRIED UNANIMOUSLY I. That a potential heritage conservation area on the eastern side of Roseville be investigated for Lord Street north side (excluding Council car park), Oliver Road south side and Trafalgar Avenue between Oliver Road and Clanville Road. Also include properties on the south side of Clanville Road between Trafalgar and The Grove be included in the current heritage peer review process. CARRIED UNANIMOUSLY

At 11.55pm a Motion moved by Councillors Keays and Duncombe

to extend the meeting to complete all items within the Business Paper

was put to the vote and

CARRIED UNANIMOUSLY

The Novus Foundation 2012 Gala Dinner

File: S05650

Vide: GB.2

To advise Council of a request from The Novus Foundation to purchase tickets for a Gala Dinner to be held at Miramare Gardens Function Centre, Terrey Hills on Saturday, 28 July 2012.

Resolved:

(Moved: Mayor, Councillor J Anderson/Councillor Duncombe)

That any Councillors and partners who would like to attend The Novus Foundation 2012 Gala Dinner advise the General Manager by Friday, 27 April 2012.

For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, McDonald, Szatow and Hall

Against the Resolution: Councillor Malicki

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: Councillors Malicki/Hall)

That the Mayor and her husband are only entitled to attend.

Changes to Election Funding Expenditure and Disclosures Act 1981

File: S08820

Vide: GB.3

To advise Councillors of changes to the Election Funding, Expenditure and Disclosures Act 1981.

Councillor Holland withdrew during discussion

Councillor Malicki withdrew during discussion

Resolved:

(Moved: Councillors Hall/Keays)

That the advice from the Election Funding Authority on the amendments to the Election Funding, Expenditure and Disclosures Act 1981 be received and noted.

CARRIED UNANIMOUSLY by those present

Councillor Malicki returned

Registrations for 2012 Shires Association of NSW Annual Conference

File: S02046

Vide: GB.4

To advise Council that registrations are now open for the 2012 Shires Association of NSW Annual Conference.

Resolved:

(Moved: Councillors Hall/Keays)

That any Councillors interested in attending the 2012 Shires Association of NSW Annual Conference advise the General Manager by Friday, 20 April 2012.

CARRIED UNANIMOUSLY by those present

Tender T50/2011 - Balcombe Park Playground Upgrade plus associated Landscape Works

File: S09158

Vide: GB.7

To consider the tenders received for the Balcombe Park playground and associated landscape works in Wahroonga and appoint the preferred tenderer.

Councillor Holland returned during discussion

Resolved:

(Moved: Mayor, Councillor J Anderson/Councillor Keays)

A. That Council accept the tender from GJ’s Property Management Pty Ltd to carry out Park playground construction and associated landscape work at Balcombe Park, Woonona Avenue, Wahroonga.

B. That the sum of $160,000 be transferred from the s.94 2010 (Parks and Sporting Facilities – North) budget in order to provide sufficient funding to complete the work subject to a further approach being made to the adjoining property owner regarding any additional donation originally offered to Council.

C. That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

D. That the seal of Council be affixed to all necessary documents.

E. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, McDonald and Szatow

Against the Resolution: Councillors Malicki and Hall

Motions of which due Notice has been given

Council's Rembrandt Surf No. 2 CPDO Investment

File: S05273

Vide: NM.2

Notice of Motion from Councillor Tony Hall dated 22 March 2012

In view of the non confidential advice, attached to Business Papers Greens' No. 4/12 to the Mayor and Councillors by the Acting Deputy Director Corporate concerning the content of the Councillors' briefing of 7 February 2012, not to pursue the default of Council's Rembrandt Surf No.2 CPDO investment of $6M, notwithstanding the implicit loss of coupons (interest) of $1.6M until maturity in 2016, and the tacit decision taken at that meeting not to seek appropriate legal advice as to Council's rights in this matter.

I move that:

"Council formally obtain an appropriately qualified legal opinion on the matters of Default of the Rembrandt Surf No.2 CPDO Debenture Deed of $6M Investment with the Royal Bank of Scotland, following its advice given on 21 December 2011 to terminate all coupons to maturity in 2016 and provide a further formal report to Council to advance the matter.”

Resolved:

(Moved: Councillors Hall/Duncombe)

That the above Notice of Motion, as amended, be adopted.

CARRIED UNANIMOUSLY

The following item was dealt with after a Motion

moved by Councillors Szatow and Keays

to have the matter dealt with was CARRIED

and the Mayor ruled Urgency

For the Urgency: The Mayor, Councillor J Anderson, Councillors Duncombe, Hardwick, Holland, Keays, Malicki, McDonald and Szatow

Against the Urgency: Councillor Hall

BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Ku-ring-gai Local Centres - Planning Proposal

File: S08958

Vide: BWN.1

Councillor Cheryl Szatow drew the Council’s attention to consideration of urgency for a matter relating to the decision of Council under Minute No 85 – Ku-ring-gai Local Centres – Planning Proposal at tonight’s meeting. Certain properties were inadvertently missed from the Gordon sequence in relation to No 21. As they are required to be inserted into Council’s Planning Instrument she believes that this is an issue and needs to be resolved.

Resolved:

(Moved: Councillors Szatow/Keays)

In addition to the matters outlined in Part A of GB.8 above, the Planning Proposal for the new Local Centres LEP be endorsed and submitted to the Department of Planning and Infrastructure for a gateway determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979 except as amended below:

The properties No 1 Park Avenue, 89-91 Werona Avenue and Nos 2 and 4 Khartoum Avenue, Gordon to be zoned R2 - Low Density Residential.

For the Resolution: The Mayor, Councillor J Anderson, Councillors Duncombe, Holland, Keays, Malicki, McDonald and Szatow

Against the Resolution: Councillors Hardwick and Hall

Councillor Malicki departed

Council resolved itself into Closed Meeting

with the Press and Public Excluded to deal with the following items

after a Motion moved by Councillors McDonald and Duncombe

was CARRIED

Confidential Business to be dealt with in Closed Meeting

Oasis CDO - Funding Agreement with International Litigation Partners
No 5 Limited ("ILP")

File: S05595

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a) is a substantial issue relating to a matter in which the Council is involved

(b) is clearly identified in the advice, and

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by General Manager dated 22 March 2012

Resolved:

(Moved: Councillors Duncombe/Hall)

That Council enter into a funding agreement with International Litigation Partners No 5 Limited (“ILP), to attempt recovery of losses sustained with Oasis CDO, subject to the recommendations outlined in the report, and included in the independent advice.

CARRIED UNANIMOUSLY by those present

Additional Legal Advice - Part 3A Application to Lindfield Shopping Centre Mixed Use Development (Major Project 08_0244)

File: S07023

Vide: C.2

[k1]

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a) is a substantial issue relating to a matter in which the Council is involved

(b) is clearly identified in the advice, and

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by General Manager and Director Strategy and Environment dated 2 April 2012

Resolved:

Moved: Councillors Hall/Holland)

A. That Council receive and note the contents of the report.

B. That Council proceeds in the manner outlined in the report.

For the Resolution: The Mayor, Councillor Anderson, Councillors Duncombe, Hardwick, Holland, McDonald, Szatow and Hall

Against the Resolution: Councillor Keays

The above Resolution was subject to a Original Motion which was LOST. The Lost Original Motion was:

(Moved: Councillors Keays/McDonald)

That the matter be deferred to the next Ordinary Meeting of Council.

Council resolved to return to Open Council which was

moved by the Mayor, Councillor J Anderson and Councillor McDonald

and was CARRIED UNANIMOUSLY

The General Manager adverted to the consideration of the matter referred to in Minutes numbered 92 and 93 and to the resolutions contained in such Minutes.

The Meeting closed at 12.54pm

The Minutes of the Ordinary Meeting of Council held on 3 April 2012 (Pages 1 -23) were confirmed as a full and accurate record of proceedings on 24 April 2012.

__________________________ __________________________

General Manager Mayor / Chairperson