Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 8 September 2015
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Present: |
The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward) Councillors E Malicki & J Pettett (Comenarra Ward) Councillors D Citer & C Szatow (Gordon Ward) Councillor C Berlioz (St Ives Ward) Councillor D Armstrong (Roseville Ward) Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward) |
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Staff Present: |
General Manager (John McKee) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (Greg Piconi) Director Community (Janice Bevan) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Governance Officer (Christine Dunand) Minutes Secretary (Sigrid Banzer) |
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Others Present: |
Manager Corporate Communications (Virginia Leafe) Manager Urban & Heritage Planning (Antony Fabbro) Team Leader Urban Design (Bill Royal) Manager Finance (Angela Apostol)
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The Meeting commenced at 7.00pm
The Mayor offered the Prayer
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File: S02194
Councillor David Ossip tendered an apology for non-attendance (business reasons) and requested leave of absence
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(Moved: Councillors Citer/Armstrong)
That the apology be accepted and leave of absence granted.
CARRIED UNANIMOUSLY |
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 David Citer declared a less than significant non-pecuniary interest in item
GB.9 – Lindfield Community Hub – as the former manager of the Ku-ring-gai Youth Development Service in Lindfield, Councillor Citer declared that he had recent discussions and contact with the board about their current situation in the Lindfield Library and the possibility of new premises and declared no conflict of interest based on those discussion but would leave the Chamber during the discussions.
Councillor Duncan McDonald declared a less than significant non-pecuniary interest in item GB.2 – Climate Change Policy for Public Exhibition – Councillor McDonald advised he had previously put forward innovative areas of lighting technology, declaring he has no financial interest nor anything other than it was of interest, and it would not affect his decisions and would remain in the Chamber during discussions.
Councillor Duncan McDonald declared a less than significant non-pecuniary interest in item GB.3 – Gordon Golf Club Masterplan Communication and Consultation – Councillor McDonald advised that there are a number of residents whom he has known for many years who live nearby that have raised concerns with him but he declared that he has no financial or vested interest other than to make it aware that he does know them and would remain in the Chamber during discussions.
Councillor Duncan McDonald declared a less than significant non-pecuniary interest in item GB.9 – Lindfield Community Hub Preference Option – Councillor McDonald advised that three of his children attended the 2nd and 3rd Lindfield Scout and Cub Groups and has no financial or vested interest and his decisions will not be affected by that, and will remain in the Chamber during discussions.
The General Manager and staff declared an interest in Item C.3 The General Manager’s Performance Assessment, as is standard practice we will all be leaving the Chamber for Council to consider the matter.
The following member(s) of the public addressed Council on items not on the Agenda:
J McFadden - Sporting conditions
J Harwood - Public land (environmentally sensitive)
W Blaxland - Marian Street Theatre
J Blaxland-Ashby - Marian Street Theatre
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:
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Late Items: |
PT.1 Proposed Dual Occupancy at 2 Loombah Avenue East Lindfield (Twenty Two (22) Signatures) |
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Councillors Information: |
QWN – Update on the Net Additional Dwellings Constructed in Ku-ring-gai since April 2004 - Memorandum from Acting Director Strategy & Environment dated 3 September 2015 in relation to a QWN from Councillor Berlioz regarding an update on the net additional dwellings constructed in Ku-ring-gai since April 2004.
Attached to the memo is Council’s Approved Development Application Summary table as at August 2015.
QWN – Notification of Changes to 10/50 – Memorandum from Acting Director Strategy & Environment dated 3 September 2015 in relation to a QWN from Councillor Malicki regarding educating residents to the recent changes to 10/50.
A press release was issued on 2 September 2015 notifying the community of the changes to the RFS 10/50 RFS legislation. In addition, Council’s website was updated on 12 August 2015 advising changes to the RFS 10/50 Vegetation Clearing Code of Practice.
GB.9 OMC 8 September 2015 – Lindfield Community Hub Preferred Option – Memorandum from Director Strategy & Environment dated 8 September 2015 regarding incorrectly labelled attachment A4 should be labelled Support Lindfield, Submission to Ku-ring-gai Council on Lindfield Community Hub 8 May 2015.
GB.9 OMC 8 September 2015 – Lindfield Hub Preferred Option – Confidential Attachment A7 – attachment produced in A3 format as the original A4 format was difficult to read.
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PETITIONS
Recommendations from Committee
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Minutes from Ku-ring-gai Traffic Committee
File: CY00022/7 Vide: RC.1
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Meeting held 20 August 2015 Minutes numbered KTC11 to KTC17.
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File: TM2/07
Ward: Gordon Electorate: Davidson Vide Minute No KTC12
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To consider a request from AAA Traffic Control to partially close a section of Greengate Road at Pacific Highway and to implement traffic control measures on Pacific Highway on Christmas Eve 2015 at Greengate Hotel.
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(Moved: Councillors Berlioz/Armstrong)
That Council approve the temporary partial closure of Greengate Road between Pacific Highway and the eastern end of Greengate Hotel on Thursday, 24 December 2015, subject to:
A. Transport for NSW TMC granting approval for the closure of travel lanes and reduction of speed limit on Pacific Highway in the vicinity of Greengate Hotel for Christmas Eve 2015.
B. The Roads and Maritime Services approving the Traffic Management Plan submitted by AAA Traffic Control for Christmas Eve 2015.
C. The event organiser fully implementing the Roads and Maritime Services-approved Traffic Management Plan to ensure safety of the patrons and to address the traffic impacts that may result from the proposed road closure.
D. The eastbound section of Greengate Road between Pacific Highway and the eastern end of Greengate Hotel be closed from 3.00pm on 24 December to 1.00am on 25 December 2015, while the westbound traffic on Greengate Road will be controlled by traffic controllers from 9.00pm on 24 December and 1.00am 25 December 2015.
E. The closure being advertised by Council as required by Section 116 of the Roads Act 1993 and no substantial objection to the proposal which cannot be addressed, being received by the closing date of the advertising.
F. The event organiser to inform the affected residents of the proposed road closure of Greengate Road and other detour arrangements in the area on Christmas Eve 2015.
G. The event organiser providing and maintaining all necessary signs, barricades and all other safety equipment at its expense to properly effect the changed traffic conditions.
H. The event organiser placing appropriate advance warning signs on Pacific Highway to warn motorists about the closure of travel lanes on Pacific Highway.
I. AAA Traffic Control responds in writing to Council by Friday, 11 December 2015, regarding the acceptance of Council’s conditions for the temporary partial closure of a section of Greengate Road and traffic alterations on Pacific Highway on Christmas Eve 2015.
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Site Inspection
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Gordon Golf Course Masterplan Communications and Consultation Outcomes
File: S09625 Vide: GB.3
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To report the outcomes of the Communications and Consultation Program undertaken in relation to the Regional Park Masterplan for Gordon Golf Course and provide a preferred concept for the Gordon Golf Course Masterplan.
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(Moved: Councillors Malicki/Szatow)
That a thorough site inspection be held, preferably on a weekday and if possible with access to golf carts to allow us to cover as large an area as possible.
This inspection is to include all facets of the proposal, including the housing, roadway, Killara Public School, 9 hole golf course, the part regional park and potential location and size of the indoor sports centre, athletics track and field, bike path, dog off leash area, children’s playground and outdoor exercise area and general parkland.
Following the site inspection a discussion be held between Councillors, the GM and relevant Directors.
That Council receive and note the outcomes of the communications and engagement strategy.
CARRIED UNANIMOUSLY |
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Draft General and Special Purpose Financial Statements for the year ended 30 June 2015
File: S08023/7 Vide: GB.1
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To present to Council the draft Financial Statements for the year ended 30 June 2015 for certification and referral to Council’s external auditor, UHY Haines Norton Chartered Accountants and seek approval to carry over budgets to fund incomplete works at 30 June 2015.
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(Moved: Councillors McDonald/Pettett)
A. That Council receive and certify the Draft Financial Statements for the year ended 30 June 2015.
B. That the Draft Financial Statements be referred to Council’s external auditor, UHY Haines Norton Chartered Accountants to provide an opinion on the draft Financial Statements ended 30 June 2015 and to report to Council.
C. That the Draft Financial Statements ended 30 June 2015 be certified by the Mayor, Deputy Mayor or one other Councillor, the General Manager and the Responsible Accounting Officer in accordance with Section 413(2)(C) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.
D. That 6 October 2015 be fixed as the date for the public meeting to present the audited Financial Statements and the audit reports for the year ended 30 June 2015 as required by Section 419 of the Local Government Act 1993, and that Council’s external auditor be present to answer questions.
E. That Council adopt carry over expenditure of $10.602m to carry forward to the 2015/16 financial year, as listed in Attachment A3, and borrow $1.465m for the external loan funded portion of these works.
CARRIED UNANIMOUSLY |
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Climate Change Policy for Public Exhibition
File: S09069/5 Vide: GB.2
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To seek Council’s endorsement of the Draft Climate Change Policy 2015 and Draft Greenhouse Gas Reduction Action Plan 2015 for public exhibition.
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(Moved: Councillors McDonald/Pettett)
A. That the Draft Climate Change Policy 2015 and Draft Greenhouse Gas Reduction Action Plan 2015 be endorsed for public exhibition.
B. That the Draft Climate Change Policy 2015 and Draft Greenhouse Gas Reduction Action Plan 2015 be exhibited for a period of 28 days with a further 14 days for public comment.
C. That a further report be presented to Council following the public exhibition period outlining any changes and recommended amendments to the Draft Climate Change Policy 2015 and Draft Greenhouse Gas Reduction Action Plan 2015 for final endorsement.
For the Resolution: The Mayor, Councillor Anderson, Councillors Citer, McDonald, Pettett, Szatow, Malicki, Armstrong and Berlioz
Against the Resolution: Councillor Fornari-Orsmond
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49-51 Boomerang Street, Turramurra - Torrens Title subdivision of one lot into two lots.
File: DA0078/15 Vide: GB.8
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Torrens title subdivision of one lot into two lots
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(Moved: Councillors McDonald/Fornari-Orsmond)
A. That Council, as the consent authority, grant development consent to DA0078/15 for Torrens title subdivision of one lot to create two lots on land at 49-51 Boomerang Street, Turramurra for a period of two (2) years from the date of the Notice of Determination, subject to the following conditions:
CONDITIONS THAT IDENTIFY APPROVED PLANS:
1. Approved architectural plans and documentation (new development)
The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Reason: To ensure that the development is in accordance with the determination.
2. Inconsistency between documents
In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.
Reason: To ensure that the development is in accordance with the determination.
CONDITIONS TO BE SATISFIED PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION:
3. Asbestos works
All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.
Reason: To ensure public safety.
4. Design of works in public road
Prior to the commencement of works, engineering plans for the new driveway crossing and associated lowering of the footpath shall be approved by Council's Director Operations under the Roads Act 1993.
An engineering assessment and inspection fee is payable. Plans must be submitted to Council, marked to the attention of Council's Development Engineers, and a copy of this condition provided, together with a covering letter stating the address of the property and the DA number.
Reason: To ensure that plans are suitable for construction purposes.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR PRIOR TO DEMOLITION, EXCAVATION OR CONSTRUCTION (WHICHEVER COMES FIRST):
5. Infrastructure restorations fee
To ensure that damage to Council Property as a result of construction activity is rectified in a timely matter:
a) All work or activity taken in furtherance of the development the subject of this approval must be undertaken in a manner to avoid damage to Council Property and must not jeopardise the safety of any person using or occupying the adjacent public areas.
b) The applicant, builder, developer or any person acting in reliance on this approval shall be responsible for making good any damage to Council Property, and for the removal from Council Property of any waste bin, building materials, sediment, silt, or any other material or article.
c) The Infrastructure Restoration Fee must be paid to the Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.
d) In consideration of payment of the Infrastructure Restorations Fee, Council will undertake such inspections of Council Property as Council considers necessary and also undertake, on behalf of the applicant, such restoration work to Council Property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by the Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure Restorations Fee payable pursuant to this condition.
e) In this condition:
“Council Property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and
“Infrastructure Restoration Fee” means the Infrastructure Restorations Fee calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council Property associated with this condition.
Reason: To maintain public infrastructure.
6. Section 94 development contributions - other than identified centres (For DAs determined on or after 19 December 2010).
This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
Section 94 Development Contributions - Non-Centres This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:
The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.
The contributions specified above are subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.
Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.
Notwithstanding the total above, in accordance with the s94E Direction issued by the Minister for Planning dated 3 March 2011, for so long as it remains legally in force, the maximum amount payable for the subject development application shall be $20,000 x 2= $40,000.
Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.
CONDITIONS TO BE SATISFIED DURING THE DEMOLITION, EXCAVATION AND CONSTRUCTION PHASES:
7. Road opening permit
The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.
Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.
8. Prescribed conditions
The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
· The work must be carried out in accordance with the requirements of the Building Code of Australia · In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence.
Reason: Statutory requirement.
9. Hours of work
Demolition, excavation, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.
Excavation or removal of any materials using machinery of any kind, including compressors and jack hammers, must be limited to between 7.30am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon 1.00pm.
Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.
Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.
Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.
10. Approved plans to be on site
A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.
Reason: To ensure that the development is in accordance with the determination.
11. Maintenance period for works in public road
A maintenance period of six (6) months applies to all work in the public road reserve carried out by the applicant - after the works have been completed to the satisfaction of Ku-ring-gai Council. In that maintenance period, the applicant shall be liable for any section of the public infrastructure work which fails to perform in the designed manner, or as would reasonably be expected under the operating conditions. The maintenance period shall commence once the applicant receives a formal letter from Council stating that the works involving public infrastructure have been completed satisfactorily.
Reason: To protect public infrastructure.
12. Road reserve safety
All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.
Reason: To ensure safe public footways and roadways during construction.
13. Services
Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.
Reason: Provision of utility services.
14. Erosion control
Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.
Reason: To protect the environment from erosion and sedimentation.
15. Sydney Water Section 73 Compliance Certificate
The applicant must obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994. An application must be made through an authorised Water Servicing CoOrdinator. The applicant is to refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au <http://www.sydneywater.com.au> then the “e-develop” icon or telephone 13 20 92. Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the CoOrdinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
Reason: Statutory requirement.
16. Trees on nature strip
Removal/pruning of the following tree/s from Council's nature strip to permit vehicular access shall be undertaken at no cost to Council by an experienced tree removal contractor/arborist holding public liability insurance amounting to a minimum cover of $20,000,000:
Reason: To ensure protection of existing trees.
17. Canopy/root pruning
Canopy and/or root pruning of the following tree/s which is necessary to accommodate the approved building works shall be undertaken by an experienced AQF3 Arborist/Horticulturist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.
Reason: To protect the environment.
18. Approved tree works
Approval is given for the following works to be undertaken to the following trees:
Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Tree Preservation Order.
Reason: To ensure that the development is in accordance with the determination.
19. Hand excavation
All excavation within the specified radius of the trunk/s of the following tree/s shall be hand dug:
Reason: To protect existing trees.
20. No storage of materials beneath trees
No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.
Reason: To protect existing trees.
21. Removal of refuse
All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.
Reason: To protect the environment.
22. On site retention of waste dockets
All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.
· Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing. · This information is to be made available at the request of an Authorised Officer of Council.
Reason: To protect the environment.
CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE:
23. Sydney Water Section 73 Compliance Certificate
Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.
Reason: Statutory requirement.
24. Requirements of public authorities for connection to services
Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.
Note: Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.
Reason: To ensure that services are available to the allotments of land.
25. Construction of works in public road
Prior issue of the Subdivision Certificate all road, footpath and/or drainage works in the public road must be completed in full, inspected and approved by Council. The applicant’s designing engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved drawings. This certification shall be provided prior to release of the linen plan/issue of the Subdivision Certificate. The completed works are to be approved by Council’s Development Engineer prior to release of the linen plan/issue of the Subdivision Certificate.
Reason: To ensure completion of all road, footpath and/or drainage works in the public road.
26. Provision of services
Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.
Reason: Access to public utilities.
27. Submission of 88b instrument
If required, prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.
Reason: To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.
28. Submission of plans of subdivision (Torrens Title)
For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:
a) the endorsement fee current at the time of lodgement b) the 88B instrument (if required) plus 6 copies c) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent d) The Section 73 (Sydney Water) Compliance Certificate for the subdivision. e) Proof of payment of S94 contribution
Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.
Reason: Statutory requirement.
29. General easement/R.O.W. provision and certification
Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision. Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.
Reason: To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.
CARRIED UNANIMOUSLY |
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Tender NSROC - Road Surfacing, Patching, and associated Works - 2015 to 2017
File: S10628 Vide: GB.13
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To seek Council's approval to accept the Northern Sydney Regional Organisation of Councils (NSROC) tender for the schedule of rates for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2015/2016 and 2016/2017.
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(Moved: Councillors McDonald/Szatow)
A. That the tender rates submitted by Tenderer A, Tenderer B and Tenderer L be accepted as the preferred contractors for the Supply, and Supply and Delivery of asphaltic concrete for 2015/2016 and 2016/2017.
B. That the tender rates submitted by Tenderer A and Tenderer B be accepted as the preferred contractors for Profiling and Supply, Delivery and Laying of asphalt for 2015/2016 and 2016/2017.
C. That the tender rates submitted by nine (9) Tenderer’s (B, C, D, G, H, I, J, K and L) be accepted as the preferred contractors for heavy patching for 2015/2016 and 2016/2017.
D. That tender rates submitted for thin wearing or intermediate surfacing for 2015/2016 and 2016/2017 be rejected, and gain quotes if and when this work is required.
E. That the tender rates submitted for bituminous crack sealing of road pavement 2015/2016 and 2016/2017 be rejected, and gain quotes if and when this work is required.
F. That the tender rates submitted by five (5) Tenderer’s (C, D, E, G and H) be accepted as the preferred contractors for shoulder construction works for 2015/2016 and 2016/2017.
G. That authority be given to the Mayor and General Manager to affix the Common Seal of Council to the instrument for the Contract for the for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2015/2016 and 2016/2017.
CARRIED UNANIMOUSLY |
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File: TM1/07 Vide: NM.1
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Notice of Motion from Councillor Berlioz dated 31 August 2015
RMS is proposing a clearway through St Ives 7 days a week. A net 52 public car spaces will be lost. The clearway hours proposed will severely impact on the survival of the retail strip shops located between Stanley Street and Rosedale Road.
The St Ives small businesses on the southern side of Mona Vale Road provide the only retail and commercial businesses choice to the St Ives community, services to the local and wider community and they rely heavily on passing trade. A vital part of their business depends on weekend trade.
In the last 12 months three of these retailers have invested heavily in opening new businesses or expanding. Other long-standing businesses of 40 years prove their valued contribution to the community.
The RMS proposal for St Ives is for clearways to operate Monday to Friday 6am to 10am and 3pm to 7pm in both directions.
Saturday and Sunday 9am to 6pm both directions with the exception of Stanley Street to Porter’s Lane which will operate from 2pm to 6pm.
In contrast, clearways on roads with similar or heavier traffic volumes (RMS 2012) Pacific Highway through Ku-ring-gai, Boundary Road through French’s Forest and Roseville Chase, Warringah Road through Beacon Hill, Penshurst Street through Chatswood only apply on one side either morning or evening and they do not apply on weekends.
A weekend clearway has recently been put in place for Victoria Road Rozelle. However, Victoria Road carries 30% more vehicles than Mona Vale Road. Further, in the case of Victoria Road Rozelle which loses 44 cars due to the clearway, RMS is spending $1.267M for to make up for the loss of car parking.
The traffic volumes and speeds on Mona Vale Road St Ives do not warrant a weekend clearway through the shopping strip between Stanley Street and Porter’s Lane.
I move that council write urgently to RMS including a copy of this Notice of Motion and that council:
· Request withdrawal of any weekend clearway on Mona Vale Road from Stanley Street to Porter’s Lane.
· Send copy of the letter to MP for Davidson Jonathan O’Dea and the Minister for Roads, Maritime and Freight, Duncan Gay
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(Moved: Councillors Berlioz/McDonald)
That the Notice of Motion be withdrawn.
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Standing Orders
were suspended to deal with items
where there are speakers first after a
Motion moved by Councillors McDonald and Fornari-Orsmond
was CARRIED UNANIMOUSLY
Councillor Citer withdrew
At7.43pm Council
adjourned for a short interval after a
Motion moved by Councillors Malicki/McDonald
For the Adjournment: Armstrong, McDonald, Berlioz, Szatow, Pettitt, Malicki
Against the Adjournment The Mayor Councillor J Anderson and Councillor Fornari-Orsmond
The meeting resumed at 7.48pm
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Lindfield Community Hub Preferred Option
File: S10749 Vide: GB.9
L MacDonald G Hosier A Sweeny
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Present a comprehensive assessment of the 4 (four) exhibited illustrative development options for the Lindfield Community Hub site, and recommend a preferred option for Council adoption.
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(Moved: Councillors Malicki/Armstrong)
A. That adoption of a specific option be deferred and considered on 6 October with the results of the market sounding process.
B. Adopt the Governance Structure for the Lindfield Community Hub as attached to this report;
C. Adopt the Probity Plan & Market Sounding Probity Protocol for the Lindfield Community Hub as attached to this report;
D. Adopt the Project Decision Making Framework for the Lindfield Community Hub as attached to this report; and
E. Adopt the Risk Management Plan for the Lindfield Community Hub as attached to this report.
F. That staff report back to council advising on the results of the market sounding and on any recommended refinements to the preferred option prior to advertising an Expression of Interest.
For the Resolution: The Mayor, Councillor J Anderson, Councillors, Armstrong, Pettett, Malicki, Fornari-Orsmond
Against the Resolution: Councillors Szatow, Berlioz and McDonald
The above Resolution was CARRIED as a Foreshadowed Amendment to the Original Motion and the LOST Amendment.
The ORIGINAL Motion was:
(Moved: Councillors Szatow/Armstrong)
That Council:
A. Adopt Option 2 (as exhibited) as the preferred option for the Lindfield Community Hub subject to further refinements or adjustments that may be necessary, precluding any additional height, to address any concerns or issues raised by the private sector prior during market sounding;
B. Adopt the Governance Structure for the Lindfield Community Hub as attached to this report;
C. Adopt the Probity Plan & Market Sounding Probity Protocol for the Lindfield Community Hub as attached to this report;
D. Adopt the Project Decision Making Framework for the Lindfield Community Hub as attached to this report; and
E. Adopt the Risk Management Plan for the Lindfield Community Hub as attached to this report.
F. That staff report back to council advising on the results of the market sounding and on any recommended refinements to the preferred option prior to advertising an Expression of Interest.
The LOST Amendment was:
(Moved: Councillors Anderson /Fornari-Orsmond
That Council:
A. Adopt Option 2 (as exhibited) as the preferred option for the Lindfield Community Hub subject to further refinements or adjustments that may be necessary to address any concerns or issues raised by the private sector prior during market sounding;
B. Adopt the Governance Structure for the Lindfield Community Hub as attached to this report;
C. Adopt the Probity Plan & Market Sounding Probity Protocol for the Lindfield Community Hub as attached to this report;
D. Adopt the Project Decision Making Framework for the Lindfield Community Hub as attached to this report; and
E. Adopt the Risk Management Plan for the Lindfield Community Hub as attached to this report.
F. That staff report back to council advising on the results of the market sounding and on any recommended refinements to the preferred option prior to advertising an Expression of Interest.
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Councillor Citer returned
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Gordon Community Preschool - 2A Park Avenue Gordon - Renewal of Lease
File: S07458 Vide: GB.4
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For Council to consider the granting of a 5 year lease to Gordon Community Preschool (GCP) for continued occupation at 2A Park Avenue, Gordon.
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(Moved: Councillors Citer/Armstrong)
A. That Council grant a new lease to Gordon Community Preschool for a period of 5 years.
B. That the lease commence from 1 February 2016 and expire on 31 January 2021.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the Lease Agreement.
For the Resolution: The Mayor, Councillor Anderson, Councillors Citer, McDonald, Pettett, Szatow, Malicki, Armstrong and Berlioz
Against the Resolution: Councillor Fornari-Orsmond
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Lifeline Harbour to Hawkesbury Inc - 4 Park Avenue Gordon - Renewal of Licence
File: S07471 Vide: GB.5
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For Council to consider the granting of a 5 year licence to Lifeline Harbour to Hawkesbury Inc (Lifeline) for continued occupation at 4 Park Avenue, Gordon.
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(Moved: Councillors Citer/Szatow)
A. That Council grant a licence to Lifeline Harbour to Hawkesbury Inc. for a period of 5 years.
B. That the licence commence from 1 February 2016 and expire on 31 January 2021.
C. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.
D. That Council authorise the affixing of the Common Seal of Council to the Licence Agreement.
CARRIED UNANIMOUSLY |
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Northern Sydney Aboriginal Heritage Office - proposal for relocation to the Ku-ring-gai Wildflower Garden
File: S02414 Vide: GB.6
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To advise Councillors of a proposal for the Northern Sydney Aboriginal Heritage Office (AHO) to relocate to the Ku-ring-gai Wildflower Garden.
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(Moved: Councillors Berlioz/Armstrong)
A. That prior to the relocation of the Northern Sydney Aboriginal Heritage Office to the Ku-ring-gai Wildflower Garden, a Business Model including financial implications, terms and conditions is prepared and reported back to council.
B. That Council receive a report detailing the proposed move of Council staff from the Wildflower Gardens to the St Ives Showground.
This should include the cost of the relocation as well as the rationale for the move.
CARRIED UNANIMOUSLY |
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Heritage Listing - 28 Cook Road Killara
File: S10066 Vide: GB.10
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To have Council consider 28 Cook Road, Killara as a potential heritage item under the Ku-ring-gai Local Environmental Plan 2015.
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(Moved: Councillors Szatow/Berlioz)
A. That Council proceed to prepare a planning proposal to amend KLEP 2015 to include:
· 28 Cook Road Killara (Lot 3, DP 516966) as a potential heritage item in Schedule 5 and on the Heritage Map.
B. That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.
C. That in order to facilitate an expedient gateway determination, the NSW Heritage Office be consulted prior to submitting the Planning Proposal to the Department of Planning and Environment. Should comments not be received within 21 days, the planning proposal is to be submitted regardless.
D. That Council request the plan making delegation under Section 23 of the EP&A Act for this planning proposal.
E. 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.
F. That a report be brought back to Council at the conclusion of the exhibition period.
CARRIED UNANIMOUSLY |
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Consideration of Submissions on the Planning Proposal to heritage list 6 Caithness Street, Killara and 51 Warrangi Street, Turramurra
File: S10453 Vide: GB.11
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For Council to consider the submissions received during the public exhibition of the planning proposal to heritage list 6 Caithness Street, Killara and 5 Warrangi Street, Turramurra.
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(Moved: Councillors Szatow/Berlioz)
That this matter be deferred until report by NBRS & Partners is available.
For the Resolution: The Mayor, Councillor Anderson, Councillors Citer, McDonald, Szatow, Fornari-Orsmond and Berlioz
Against the Resolution: Councillors Pettett, Malicki and Armstrong
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Council resolved that the meeting be closed during the discussion of the matter GB.12 Adshel Infrastructure Technology Upgrade proposal and in accordance with section 10A(2)(d)(ii) of the Local Government Act 1993 on the basis that the item involves the receipt and discussion of commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council. This resolution was moved by Councillors Malicki and Berlioz and was
CARRIED UNANIMOUSLY
On balance, the public interest in preserving the confidentiality of information about GB.12 Adshel Infrastructure Technology Upgrade proposal outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would put the Council at a competitive disadvantage and prejudice Council’s ability, thereby conferring a commercial advantage to "person/organisation"
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Condition of Bannockburn Oval for Little Athletics
File: S07823 Vide: QN.1
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Question Without Notice from Councillor Chantelle Fornari-Orsmond
Just in relation to Bannockburn Oval. The president of Ku-ring-gai Little Athletics, John McFadden, raised many points regarding the poor facilities of Bannockburn Oval, for the long term of the sport, and for the upcoming season.
Can Director of Operations please advise if staff have started maintenance to get it ready for the season, if not when will that be happening?
Answered by Director Operations
The Director Operations advised he would take the question on notice and bring back a report or memo.
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What has happened to the plans that were being prepared for the move of Council into 828 Pacific Highway Gordon and how much has been spent on those plans to date?
File: S09285/3 Vide: QN.2
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Question Without Notice from Councillor Elaine Malicki
What has happened to the plans that were being prepared for the move of Council into 828 Pacific Highway Gordon. I am just wondering where they are and what stage they are at? And how much has been spent on those plans to date?
Answered by Director Strategy & Environment
The Director Strategy & Environment I will take that on notice.
But given that we have effectively changed our positioning in relation to moving next door we are doing nothing on that particular matter.
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Councillor McDonald previously advised he would be absent from the meeting of 08/09/2015
File: S02194 Vide: QN.3
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Question Without Notice from Councillor Elaine Malicki
Councillor Duncan McDonald told Council at a recent meeting that he would be away tonight and on the basis of that assertion I withdrew my motion to bring the Mayoral election forward one week till tonight. I note I stated I did this to be fair to all Councillors.
Can Councillor McDonald, who is obviously here tonight, explain why he appears to have misled Council on his attendance as he appears to have relied on my fair play to stop Councillors voting on Mayoral election tonight?
Answered by Councillor Duncan McDonald
Councillor McDonald advised that with business there is many times when meetings are to be called or there is the opportunity for meetings to called in business, under the circumstances I anticipated that I would be in a business meeting and it was subject to conditions that someone would be coming in from overseas and they haven’t come, and I am drawing it for next week.
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Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS
An Inspections Committee will take place to view the following property:
Gordon Golf Course
Director Piconi will advise a suitable time for the inspection to take place.
Council resolved
itself into Closed Meeting
with the Press and Public Excluded after a
Motion moved by
Councillors Armstrong and Citer
was CARRIED UNANIMOUSLY
Open Council resumed
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Adshel Infrastructure Technology Upgrade proposal
File: S03552/14 Vide: GB.12
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To consider and endorse support for the Adshel Technology upgrade proposal.
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(Moved: Councillors Malicki/Armstrong)
That Council obtain a valuation from a registered valuer giving revised commercial terms that should apply prior to further consideration of this matter.
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Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following items – C.1
Gordon Golf Club Limited – Contract Fee Review – C.2 Teetop Pty Ltd Contract
Fee Review – Gordon Golf Course
after a Motion moved by Councillors Berlioz and Fornari-Orsmond was
CARRIED UNANIMOUSLY
Open Council resumed
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Gordon Golf Club Limited - Contract Fee Review
File: S07448 Vide: C.1
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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)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of Council, or (iii) reveal a trade secret.
This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.
Report by Director Community dated 13 July 2015
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(Moved: Councillor Malicki/Councillor McDonald)
That Council adopt the recommended actions as contained within the report.
CARRIED UNANIMOUSLY |
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Teetop Pty Ltd - Contract Fee Review - Gordon Golf Course
File: S07447 Vide: C.2
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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)(d)(ii), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(iv) prejudice the commercial position of the person who supplied it, or (v) confer a commercial advantage on a competitor of Council, or (vi) reveal a trade secret.
This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.
Report by Director Community dated 13 July 2015
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(Moved: Councillors Szatow/ McDonald)
That Council adopt the recommended actions as contained in the report. Noting amended wording to Part A as follows: “subject to compliance with Part C below”.
New Item G
G. That Council establish a reporting framework for a quarterly progress review. This process to be overseen by Senior Management of Council and reported to Councillors on an ongoing basis.
CARRIED UNANIMOUSLY |
Council
resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item – C.3
General Manager’s Performance Assessment
after a Motion moved by Councillors Szatow and Armstrong was
CARRIED UNANIMOUSLY
Open Council resumed
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2016 General Manager's Performance Agreement
File: CY00254/7 Vide: C.3
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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)(a), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).
Report by Mayor Councillor Jennifer Anderson dated 21 August 2015
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(Moved Councillors Fornari-Orsmond/McDonald
That the revised 2016 General Manager’s Performance Agreement be adopted.
CARRIED UNANIMOUSLY |
The Meeting closed at 10.19 pm
The Minutes of the Ordinary Meeting of Council held on 8 September 2015 (Pages 1 - 69) were confirmed as a full and accurate record of proceedings on 15 September 2015.
__________________________ __________________________
General Manager Mayor / Chairperson