Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 16 August 2022
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Present: |
The Mayor, Councillor J Pettett (Chairperson) Councillor G Taylor (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillors C Kay & M Smith (St Ives Ward) Councillor C Spencer & K Wheatley (Wahroonga Ward) |
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Staff Present: |
General Manager (John McKee) Director Community (Janice Bevan) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Acting Manager Corporate Communications (Sally Williams) Manager Finance (Angela Apostol) Manager Governance and Corporate Strategy (Christopher M Jones) Manager Urban & Heritage Planning (Antony Fabbro) Governance Support Officer/ Minutes Secretary (Nicole Kratochvil) |
The Meeting commenced at 7:00PM
The Mayor offered the Prayer
The Mayor referred to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.
No Interest was declared.
DOCUMENTS CIRCULATED TO COUNCILLORS
The Mayor referred 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: |
GB.14 - Tender NSROC -
RFT20-2021 - Road Surfacing, Patching, and Associated Works - 2022 to 2024 GB.15 - 4 Pennant Avenue Gordon – Risk Assessment Report by Director Operations dated 9 August 2022 with attachments. |
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Memorandums: |
NM.3 Long-term gender equality target Letter from Coral Ross AM, Chair of Australian Gender Equality Council, supporting Notice of Motion - NM.3 – from Councillors Taylor and Kay. QN.1 Financial Issues for Norman Griffith Synthetic Development
Response for QN.1 from Director Bounassif |
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Confidential Late Agenda Attachment: |
GB.14 - Tender NSROC - RFT20-2021 - Road Surfacing, Patching, and Associated Works - 2022 to 2024 Attachment 1: NSROC Tender Evaluation Committee Report |
PETITIONS
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Tender NSROC - RFT20-2021 - Road Surfacing, Patching, and Associated Works - 2022 to 2024
File: RFT20-2021 Vide: GB.14
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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 2022/2023 and 2023/2024. |
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(Moved: Councillors Spencer/A. Taylor)
A. Council accept NSROC Tender Evaluation
Committee Report recommendation. B. That the
tender rates submitted by ANJ paving, Boral, Downer Edi, Fulton Hogan, State
Asphalt and Stateline Asphalt be accepted as the preferred contractors for
the profiling, supply, delivery and laying of asphaltic concrete for
2022/2023 and 2023/2024. C. That the tender rates submitted by C&D
Asphalt, J&M Schembri, Planet Civil and Stateline Asphalt be accepted for
Patching and Road pavement for 2022/2023 and
2023/2024. D. That the tender rates submitted by
Complete Line Marking and Optimal Civil be accepted for Line and Pavement
Marking for 2022/2023 and 2023/2024. E. 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 2022/2023 and 2023/2024.
CARRIED UNANIMOUSLY
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Turramurra Community Hub
File: S11467-3 Vide: NM.5
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Notice of Motion from Councillor Wheatley dated 29 July 2022 In 2017 Council adopted a masterplan for the Turramurra Community Hub. The Hub site is located in the precinct between the railway line, Ray Street and the Pacific Highway in Turramurra and includes land owned by both Council and private landholders. The masterplan provides for the renewal of the town centre including new retail and residential uses, open space and community facilities.
Planning to deliver the project was paused after a Council
decision in May 2020, pending the outcome of Ku-ring-gai Council’s
comprehensive Local Environmental Plan. Subsequently, in May 2021
Council resolved to recommence planning for the project, including the
following tasks: · Assess opportunities to increase height and density on the site as required to ensure the project is financially viable and is not a burden on ratepayers in the future · Seek updated advice on market outlook for asset classes (residential/retail/commercial) · Re-assess the size and standard of all community assets. By reducing the scope of the project, there will be a significant reduction in the cost to build, operate and maintain the assets · Re-assess the
project delivery options The community enthusiastically embraced the development of the masterplan for the Turramurra Community Hub and has been looking forward to its delivery for many years.
I therefore move:
That a report be provided to Council by October 2022 with an update on planning for delivery of the Turramurra Community Hub.
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(Moved: Councillors Wheatley/Spencer)
That the above Notice of Motion as printed be adopted and that a report be provided to Council by October 2022 with an update on planning for delivery of the Turramurra Community Hub including the viability of the project.
CARRIED UNANIMOUSLY
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Local Government NSW Annual Conference 2022 - Proposed Motions
File: S02046/15 Vide: GB.1
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To inform Council that a proposed motion for consideration at the 2022 Local Government NSW (LGNSW) Annual Conference has been received by the General Manager.
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(Moved: Councillors Kay/A. Taylor)
Council approves and submits the attached proposed motion to LGNSW for inclusion in the Conference’s business paper.
CARRIED UNANIMOUSLY |
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Planning Proposal for part 4 Pennant Avenue, Gordon - Consideration of Public Exhibition and Public Hearing
File: S13471 Vide: GB.9
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For Council to consider the submissions received during the public exhibition of the Planning Proposal for part 4 Pennant Avenue, Gordon. For Council to consider the public hearing report prepared by the Independent Chairperson following the public hearing for the reclassification of the site. For Council to determine whether to proceed with the Planning Proposal and make an amendment to the Ku-ring-gai Local Environmental Plan 2015.
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(Moved: Councillors Lennon/Ward)
A. That Council note that the report dated April 2022 on the Public Hearing Planning Proposal to reclassify 'Community' land to 'Operational' land, Part of No. 4 Pennant Avenue, Gordon, being the former Gordon Bowling Club site, provides, in section 5:
“The oral and written submissions which were made to the Public Hearing have indicated that there is currently considerable use by local residents of the former Gordon Bowling Club site for a range of public recreation purposes….
[T]he site of the former Gordon Bowling Club land is identified as being located in an area of West Gordon which is identified as Acquisition Priority Ranking 1 and 2 in the Council’s Open Space Acquisition Strategy 2006 Report…
The site of the former Gordon Bowling Club is a valuable Council asset which potentially could be repurposed into a multifunctional public open space and community facility as it is already in Council’s ownership; it is a large site of about 1.12 hectares; the topography of the site is relatively level or gently sloping and could be redeveloped as sporting fields and for other recreational purposes; the site has existing vehicular and pedestrian access via Pennant Avenue and pedestrian access via the pathway access handle to Bushlands Avenue as well as provision of an existing parking area for about 30 motor vehicles; the site has an existing club house, amenities and storage buildings.
Conversely, it would difficult and expensive for Council to purchase a comparable sized site to the former Gordon Bowling Club site that would be suitable for a large sized site for multipurpose recreational and community facilities in the West Gordon area….
In conclusion, it is my opinion as the Chairperson of the Public Hearing that Council should re-evaluate whether to proceed with the proposed reclassification of the site from “Community” to “Operational” land as a part of the overall Planning Proposal or, alternatively, investigate retaining the site as RE1 public recreation zone land under the Ku-ring-gai LEP and to remain classified as “Community” land to be repurposed as a multifunctional public recreational and community facility, including the potential for sports fields for the benefit of the local community.”
B. That Council does not adopt the Planning Proposal to rezone and reclassify land at 4 Pennant Avenue, Gordon
C. That staff investigate uses by other local councils of their former bowling club sites and report to Council on use of this site as a multifunctional public recreational and community facility, including the potential for sports fields for the benefit of Ku-ring-gai resident
D. That staff investigate and report to Council on state and commonwealth money to fund the development of the preceding use, along with funding and other proposals made to staff by Ku-ring-gai residents and bodies For the Resolution: Councillors Kay, Lennon, Ngai, A. Taylor, G. Taylor and Ward
Against the Resolution: The Mayor, Councillor Pettett, Councillors Smith, Spencer and Wheatley
CARRIED
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Motions of which due Notice has been given
Procedural Motion:
(Moved: The Mayor, Councillor Pettett)
That the meeting be adjourned for 10 minutes.
CARRIED UNANIMOUSLY
The meeting resumed at resumed at 9:31PM.
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2 Marian Street Killara, being Lot A DP 329637
File: S10577/5 Vide: NM.4
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Notice of Motion from Councillor Spencer dated 29 July 2022
The former Marian Street Theatre has been vacant now for some decade or more. It is a blight on the local area and is degrading further every week.
Council has engaged in a consultative concept and detailed design process to redevelop the theatre over a number of years now. Despite involvement in this process, a number of key stakeholders now appear to remain unhappy with the outcome, wanting a significantly bigger main auditorium, and more recently, a brand new theatre. Both these options are well beyond the capacity of the site in Marian Street.
Recently, this Council has shown considerable reluctance to dispose of other equally degraded and redundant facilities to fund the upgrade of the Marian Street Theatre, or indeed other projects of greater importance to my community, such as sports field upgrades and other infrastructure renewal. Projects which have a benefit to a far greater number of people than a theatre.
At the same time, given reasons largely beyond Council’s control such as supply chain constraints and rising labour, materials, and energy costs, the cost estimates for the project are rising dramatically and will only continue to rise as Council continues to dally.
The site in Marian Street is not fit for purpose and the project does not represent good value for Council or the residents of the whole of the Ku-ring-ga LGA.
I therefore move:
A. That
Planning Proposal be prepared in accordance with the Environmental
Planning and Assessment Act 1979 to amend the Ku-ring-gai
Local Environmental Plan 2015 to: i. rezone 2 Marian Street, Killara from B1 Neighbourhood centre to R4 High Density Residential and apply floor space ratio development standard of 1.3:1, height of buildings of 17.5m and minimum lot size of 1200sqm ii. reclassify 2 Marian Street Killara, being Lot A DP 329637, from ‘community land’ to ‘operational land’ and formally seek to extinguish all necessary interests that apply to the land.
B. That the Planning Proposal be submitted to the Department of Planning and Environment for Gateway Determination in accordance with Section 3.34 of the Environmental Planning and Assessment Act 1979.
C. That upon receipt of a Gateway Determination, the exhibition and consultation process be carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Gateway Determination.
D.
That a report be brought back to Council at the end of the exhibition
E.
That Council approves the divestment of 2 Marian Street, Killara
(Lot A
F.
That Council authorises the General Manager and/or his delegate
to set the
G.
That Council authorises the Mayor and General Manager to execute
all
H.
That the net proceeds from the sale of 2 Marian Street, Killara
be allocated to
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This Notice of Motion lapsed for lack of a mover.
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Financial Issues for Norman Griffith Synthetic Development
File: S13191 Vide: QN.1
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Questions from Councillor for St Ives Ward Councillor Christine Key dated 28 July 2022
A. Financial Issues for Norman Griffith Synthetic Development Background
Based on GIPA information community groups have obtained, KMC Modelling estimates Norman Griffith oval will be hired for 2,150 hours a year, generating an income of $101,050.00. (see Attachment 1).
This assumes usage will be 41 hours per week on average for $47 per hour. The interim REF section on oval usage notes that “West Pymble Soccer Club will utilise the field up to 30 hours per week.” Based on a 30 year usage projection using “Smart Guides” modelling, the capital and replacement and operating costs of a synthetic fields is $172,869 per annum (including external funding and KMC staff inspections and drainage inspections). Based on the KMC modelling of $101,050.00 income per annum this represents a shortfall of $71, 819 per annum. Questions 1. What agreements have KMC undertaken to underpin the revenue projection of $101,050.00? 2. What hourly rate has council agreed to lease the oval to West Pymble Soccer Club for 30 hours per week? 3. Does
council anticipate the oval will be hired to any other users and if so, what
will the rate of hire be for users? 4. Will
WPSC or any other users be able to sublease the field for sporting carnivals?
5. Will
casual bookings be administered by KMC or WPSC? 6. How is council planning to budget for the $71,819 shortfall per annum (based on a 30 year usage projection using Smart Guide replacement recommendations) will incur from constructing a synthetic field at Norman Griffith’s oval.
Recovery of Costs of Synthetic Oval by KMC Background
The Smart-Guide-Vol-1-Surfaces-and-Standards-v2.01-Mar21.pdf (“Smart Guide’) outlines Costs for Synthetic fields. This includes replacement of the field which is dependent of usage of less than 40 hours per week. If the usage is above 40 hours a week it will need to be replaced sooner. In its document on projection of costs for the Norman Griffiths Artificial pitch, obtained by community groups via GIPA, council has included an annual maintenance cost of $24,960. The document does not account for replacement costs as per Smart-Guide-Vol-1-Surfaces-and-Standards-v2.01-Mar21.pdf, which expressed as an annual figure represents a minimum $57,770 per year.
According to “Smart Guide” the replacement costs at 10 and 20 years (assuming 40 hour a week usage) are $485,900 and $669,500 respectively.
Questions
1. Why has KMC not accounted for replacement costs in its modelling? 2. How has KMC budgeted for replacement costs? 3. What budget has KMC put aside for regular replacement of cork infill for Norman Griffiths, as has been experienced at ELS Hall and Tempe reserve? 4. Does council intend to recoup the construction costs and the replacement costs for a synthetic oval at Norman Griffith?
1 = Attachment 1 = KMC Costs as per GIPA ed document 2 = Attachment 2 = Smart-Guide-Vol-1-Surfaces-and-Standards-v2.01-Mar21.pdf (references and calculations)
Attachment 1:
Attachment 2: Smart-Guide-Vol-1-Surfaces-and-Standards-v2.01-Mar21.pdf Estimate of 30 Year Life Cost of the project as an Annual Recovery based upon KMC Model and Smart-Guide-Vol-1-Surfaces-and-Standards-v2.01-Mar21.pdf
Excerpts from Smart-Guide-Vol-1-Surfaces-and-Standards-v2.01-Mar21.pdf
B. Flood Issues with Synthetic Surfaces at Norman Griffith’s Oval
Background
Based on documents community groups have accessed through GIPA, the modelling that Council commissioned BMT WBM to perform involved sizing the tanks at Norman Griffith Oval to achieve flood immunity of the oval for the 1 and 2% Annual Exceedance Probability (AEP) flood.
1. What is the total expected lifespan of the synthetic field at Norman Griffith Oval?
2. As these are the risks of a flood occurring in a single year, can council quantify the cumulative flooding risk the synthetic field will be subject to over its lifespan?
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RESPONSE:
Response from Director Operations George Bounassif:
A. Financial Issues for Norman Griffith Synthetic Development Background
1. What agreements have KMC undertaken to underpin the revenue projection of $101,050.00?
There are no agreements.
2. What
hourly rate has council agreed to lease the oval to West Pymble Soccer Club
for 30 hours per week? 3. Does
council anticipate the oval will be hired to any other users and if so, what
will the rate of hire be for users? 4. Will
WPSC or any other users be able to sublease the field for sporting carnivals?
5. Will
casual bookings be administered by KMC or WPSC?
6. How is council planning to budget for the $71,819 shortfall per annum (based on a 30 year usage projection using Smart Guide replacement recommendations) will incur from constructing a synthetic field at Norman Griffith’s oval.
The revenue generated from the hire fee is used for maintenance and Recovery of Costs of Synthetic Oval by KMC
1. Why
has KMC not accounted for replacement costs in its modelling? 2. How
has KMC budgeted for replacement costs? 3. What
budget has KMC put aside for regular replacement of cork infill for Norman
Griffiths, as has been experienced at ELS Hall and Tempe reserve? 4.
Does council intend to recoup the construction costs and
the replacement costs for a synthetic oval at Norman Griffith? B.
Flood Issues with Synthetic Surfaces at
Norman Griffith’s Oval 1. What
is the total expected lifespan of the synthetic field at Norman Griffith
Oval? 2. As
these are the risks of a flood occurring in a single year, can council
quantify the cumulative flooding risk the synthetic field will be subject to
over its lifespan?
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The Meeting closed at 10:40PM
The Minutes of the Ordinary Meeting of Council held on 16 August 2022 (Pages 1 - 37) were confirmed as a full and accurate record of proceedings on 20 September 2022.
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General Manager Mayor / Chairperson