Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 15 November 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: |
Acting General Manager (David Marshall) Director Community (Janice Bevan) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Governance and Corporate Strategy (Christopher M Jones) Senior Governance Officer (Melinda Aitkenhead) Governance Support Officer (Nicole Kratochvil) |
The Meeting commenced at 7:00PM
The Mayor offered the Prayer
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File: S02194
The Acting General Manager Mr David Marshall advised of an apology from the General Manager Mr John McKee due to illness.
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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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Memorandums: |
GB.10 Review of Councillor Expenses and Facilities Policy
Memorandum from Manager Governance and Corporate Strategy to the Mayor and Councillors with copy to General Manager, Directors, Manager Finance and Manager People and Culture with details relating to inclusion of EAP service into the Councillor Expenses and Facilities Policy being tabled at 15 November 2022 OMC
GB.16 Ku -ring-gai Urban Forest Strategy - Post Exhibition Report
Memorandum from Director Strategy & Environment dated 11 November 2022 to the Mayor, Councillors and General Manager -Urban Forest Strategy – Post exhibition report – Councillors Q&A 15 November 2022 with responses outlined relating to correspondence received.
GB.20 Planning Proposal for 130 Killeaton Street, St Ives
Memorandum
from Director Strategy & Environment dated 15 November 2022 to the Mayor,
Councillors and General Manager with: ii) a revised recommendation for Item GB.20 Planning Proposal 130 Killeaton Street St, Ives
GB.21 Proposed Heritage Listing of 10 Park Crescent, Pymble
Memorandum from Director Strategy & Environment dated 15 November 2022 to the Mayor, Councillors and General Manager attaching submission from owners of 10 Park Crescent, Pymble.
NM.1 Retaining Recreation Space in Roseville Chase
Memorandum from Manager Urban and Heritage Planning dated 9 November 2022 to the Mayor, Councillors and General Manager with meeting notes attached from site inspection at 47 Warrane Road Roseville Chase. |
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Review of Code of Conduct and Procedures for the Administration of the Code of Conduct
File: S11503 Vide: GB.3
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To review and re-adopt Ku-ring-gai Council’s Code of Conduct and Procedures for the Administration of the Code of Conduct.
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(Moved: Councillors Spencer/Ward)
That Council re-adopts the current versions of the Code of Conduct and Procedures for the Administration of the Code of Conduct.
CARRIED UNANIMOUSLY |
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Ku-ring-gai Council Annual Report 2021-2022
File: FY00561/10 Vide: GB.4
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To seek Council endorsement of the Annual Report for the 2021/22 financial year. |
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(Moved: Councillors Spencer/Wheatley)
That Council receive and endorse the attached Annual Report 2021-2022, subject to final editing and refinements prior to publication.
CARRIED UNANIMOUSLY |
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Investment Report as at 28 October 2022
File: FY00623/5 Vide: GB.5
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To present Council’s investment portfolio performance for October 2022. |
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(Moved: Councillors Spencer/A. Taylor) That:
A. the summary of investments and performance for October 2022 be received and noted.
B. the Certificate of the Responsible Accounting Officer be noted and the report adopted.
CARRIED UNANIMOUSLY
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Analysis of Land and Environment Court Costs - 1st Quarter 2022 to 2023
File: FY00623/5 Vide: GB.6
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To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2022. |
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(Moved: Councillors Spencer/Wheatley)
That the analysis of Land and Environment Court costs for the year ended 30 September 2022 be received and noted.
CARRIED UNANIMOUSLY |
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2022 - 2023 Budget Review - 1st Quarter ended September 2022
File: S09112/11 Vide: GB.7
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To inform Council of the results of the first quarter budget review of 2022/23 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2022 to 30 September 2022. |
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(Moved: Councillors Spencer/Lennon)
That the September 2022 Quarterly Budget Review and the recommended changes be received and noted.
CARRIED UNANIMOUSLY
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Delegation of Authority to the Mayor, Deputy Mayor and General Manager
File: CY00259/14 Vide: GB.9
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For Council to review delegations of authority to the Mayor, the Deputy Mayor and the General Manager. |
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(Moved: Councillors Spencer/Kay)
That Council adopt the Roles and Delegations of Council and the General Manager (see Attachment A), including the delegations to the Mayor, Deputy Mayor and General Manager.
CARRIED UNANIMOUSLY
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Review of Councillor Expenses and Facilities Policy
File: CY00474/9 Vide: GB.10
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For Council to adopt the Councillor Expenses and Facilities Policy.
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(Moved: Councillors Spencer/Wheatley)
That:
A. counselling and support services be included in the Councillor Expenses and Facilities Policy as per the memorandum from the Manager Governance and Corporate Strategy dated 15 November 2022.
B. the Councillor Expenses and Facilities Policy be placed on public exhibition for a period of 28 days. If any submissions are received, the matter be reported back to Council after the consultation period. If no submissions are received, that Council adopt the policy.
C. the monetary limits in the policy be updated in line with CPI for the second year of the term of office, and the revised policy be published to the website.
CARRIED UNANIMOUSLY |
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RFT 13-2022 Internal Audit Services Tender
File: RFT13-2022 Vide: GB.11
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To consider the tenders received for the Internal Audit Schedule of Rates Panel and to appoint a panel of seven internal audit service providers. |
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(Moved: Councillors Spencer/Lennon)
That:
A. Council
accept the tender submissions from tenderers ‘A to G’ to form the
Internal Audit Services Panel for a three (3) year period. Performance
will be reviewed annually by the six stakeholders of the shared service. B. the Mayor
and General Manager be delegated authority to execute all tender documents on
Council’s behalf in relation to the contract. C. the Seal
of Council be affixed to all necessary documents. D. all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.
CARRIED UNANIMOUSLY
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RFT7-2022 Road, Carpark, Cycleway and Footpath Cleaning Services
File: RFT7-2022/R Vide: GB.12
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To consider the tenders received for RFT7-2022 Road, Carpark, Cycleway and Footpath Cleaning Services contract and to appoint the preferred tenderer.
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(Moved: Councillors Spencer/Wheatley)
That:
A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Road, Carpark, Cycleway and Footpath Cleaning Services contract.
B. the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. the Seal of Council be affixed to all necessary documents.
D. all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.
CARRIED UNANIMOUSLY
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RFT15-2022 Design and Construct - 25M Indoor pool refurbishment KFAC
File: RFT15-2022/R Vide: GB.13
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To consider the tenders received for RFT15-2022 Design and Construct 25M Indoor pool refurbishment KFAC and to appoint the preferred tenderer. |
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(Moved: Councillors Spencer/Ward)
That:
A. as a result of considering the tenders submitted for the proposed RFT15-2022 Design and construction 25M indoor pool refurbishment KFAC contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 1995 (“the Regulation”), Council declines to accept any of the tenders.
B. fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited due to the current deadlines for the grant funding and also consideration of independent specialist advice.
C. pursuant to clause 178(3)(e) of the Regulation, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender in terms acceptable to Council’s requirements.
D. the Mayor and the General Manager be delegated authority to execute all documents on Council’s behalf in relation to any contract formed as a result of the above.
E. the Seal of Council be affixed to all necessary documents.
F. all tenderers be advised of Council’s decision in accordance with clause 178 of the Regulation .
CARRIED UNANIMOUSLY |
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RFT16-2022 Philip Mall Play Space Upgrade
File: RFT16-2022/R Vide: GB.14
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To consider the tenders received for RFT16-2022 Philip Mall play space upgrade and to appoint the preferred tenderer. |
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(Moved: Councillors Spencer/Lennon)
That:
A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Philip Mall play space upgrade.
B. the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.
C. the Seal of Council be affixed to all necessary documents.
D. all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.
CARRIED UNANIMOUSLY
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Bannockburn Road, Pymble - Pedestrian Crossing
File: TM7/14 Vide: GB.15
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To consider a proposal to construct a raised pedestrian crossing on Bannockburn Road, between Reely Street and Reservoir Road. |
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(Moved: Councillors Spencer/Wheatley)
That subject to available funding, a pedestrian crossing be constructed on Bannockburn Road between Reely Street and Reservoir Road.
CARRIED UNANIMOUSLY |
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Ku-ring-gai Urban Forest Strategy - Post Exhibition Report
File: S12227 Vide: GB.16
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To provide an overview of the finalised Ku-ring-gai Urban Forest Strategy and to seek Council’s adoption of the strategy. |
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(Moved: Councillors Spencer/Kay)
That this matter be deferred to the next meeting.
For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley
Against the Resolution: Councillor G. Taylor
CARRIED
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The Glade Masterplan - post site inspection
File: S13590 Vide: GB.17
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To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga. |
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(Moved: Councillors Spencer/Kay)
That this matter be deferred to allow for consultation with relevant stakeholders.
CARRIED UNANIMOUSLY
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Bedes Forest Expansion - Final Concept Plan - Post Exhibition
File: S13184 Vide: GB.18
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To report the results of the public exhibition of the draft concept plan for Bedes Forest, St Ives.
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(Moved: Councillors Spencer/Kay)
That:
A. Council adopts the Concept Plan for the Bedes Forest Expansion as described in this report.
B. staff commence design development and documentation for the park, consistent with the adopted plan, with the aim of tendering for construction by end 2023.
CARRIED UNANIMOUSLY |
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Post exhibition consideration of submissions - Planning Proposal to amend Schedule 5 - Environmental Heritage and associated Heritage Maps
File: S13388 Vide: GB.19 |
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For Council to consider submissions made to public exhibition of the Planning Proposal to correct or clarify local heritage listings in Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 and associated mapping. |
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(Moved: Councillors Spencer/Ward)
That:
A. Council adopt the Planning Proposal to correct
or clarify local heritage listings in Schedule 5 of the Ku-ring-gai Local
Environmental Plan 2015 and the associated heritage mapping. B. Council proceed to make the plan, using
its delegated authority under section 3.36(2) of the Environmental Planning
and Assessment Act 1979. C. delegation be given to the General Manager
and Director of Strategy and Environment to correct any inconsistencies or
errors in the Planning Proposal prior to it being submitted to the Department
of Planning and Environment for finalisation. D. those who made submissions be notified of Council’s decision.
CARRIED UNANIMOUSLY
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Planning Proposal for 130 Killeaton Street, St Ives
File: S13685 Vide: GB.20
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(Moved: Councillors Spencer/Pettett)
That:
A. the planning proposal be amended in accordance with the recommendations in this report and Table of Amendments (Attachment A10).
B. Council engage and independent ecological consultant, at the expense of the proponent, to review the identification of all trees listed as E. grandis (Flooded Gum) in the Biodiversity Impact Assessment (Attachment A6) and the Arborists Report (Attachment A9). Should it be determined that these trees have been identified incorrectly then the Biodiversity Impact Assessment, Arborists Report and Planning Proposal are to be amended accordingly.
C. the planning proposal (as amended) be submitted to the NSW Department of Planning and Environment for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979.
D. delegation be given to the General Manager and Director of Strategy and Environment to verify all amendments are in accordance with the recommendations in this report and Table of Amendments (Attachment A10) prior to forwarding to the Department of Planning and Environment.
E. Council requests to be authorised as the local plan-making authority to exercise the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979.
F. upon receipt of a Gateway Determination, the public exhibition of the planning proposal and site-specific DCP is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, the Gateway Determination and the Ku-ring-gai Community Participation Plan.
G. a report be brought back to Council at the end of the exhibition process.
For the Resolution: The Mayor, Councillor Pettett, Councillors Smith, Ward and Wheatley
Against the Resolution: Councillors Kay, Lennon, Ngai, Spencer, A. Taylor and G. Taylor
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST |
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Proposed heritage listing - 10 Park Crescent, Pymble
File: S10066 Vide: GB.21
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To have Council consider the proposed heritage listing of 10 Park Crescent, Pymble, in Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015. |
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(Moved: Councillors Kay/Spencer)
That the matter be deferred for an inspection of the subject site.
For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Ngai, Spencer, A. Taylor, G. Taylor, Ward and Wheatley
Against the Resolution: Councillor Smith
CARRIED
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Review of Organisation Structure
File: S11192-1 Vide: C.1
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In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, 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 Director Corporate dated 17 October 2022
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(Moved: Councillors Spencer/Kay)
That Council re-adopt the organisation structure as shown in Attachment A1.
CARRIED UNANIMOUSLY |
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Ku-ring-gai Council Meeting and Public Forum Dates for 2023
File: CY00438/10 Vide: GB.2
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To set the future Council Meeting and Public Forum dates for 2023. |
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(Moved: Councillors Wheatley/A. Taylor)
That Council adopt the following Meeting dates:
· February 2023 o 7 February 2023 Public Forum o 14 February 2023 Ordinary Meeting of Council · March o 14 March 2023 Public Forum o 21 March 2023 Ordinary Meeting of Council
· April o 11 April 2023 Public Forum o 18 April 2023 Ordinary Meeting of Council · May o 9 May 2023 Public Forum o 16 May 2023 Ordinary Meeting of Council · June o 6 June 2023 Public Forum o 13 June 2023 Ordinary Meeting of Council · July o 18 July 2023 Public Forum o 25 July 2023 Ordinary Meeting of Council · August o 8 August 2023 Public Forum o 15 August 2023 Ordinary Meeting of Council · September o 12 September 2023 Public Forum o 19 September 2023 Ordinary Meeting of Council · October o 10 October 2023 Public Forum o 17 October 2023 Ordinary Meeting of Council · November o 14 November 2023 Public Forum o 21 November 2023 Ordinary Meeting of Council · December o 5 December 2023 Public Forum o 12 December 2023 Ordinary Meeting of Council · February 2024 o 13 February 2024 Public Forum o 20 February 2024 Ordinary Meeting of Council
CARRIED UNANIMOUSLY
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Election of Chairpersons to new Council Advisory and Reference Committees
File: S10078 Vide: GB.8
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For Council to make appointments to Council’s Multicultural Advisory Committee and Active Transport Reference Committee and to review Council’s Advisory and Reference Committees Guideline. |
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PROCEDURAL MOTION:
(Moved: Councillors G. Taylor/Wheatley)
That the motion be put in seriatim (sequentially and voted on separately) with items A and B dealt with as independent points. CARRIED UNANIMOUSLY |
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(Moved: Councillors Ngai/Wheatley)
A. That Council elects the Mayor as the Chair and Councillor Spencer as Deputy Chairperson to the Multicultural Advisory Committee.
For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Ngai, Smith, Spencer and Wheatley
Against the Resolution: Councillors A. Taylor, G. Taylor, Lennon and Ward
CARRIED
(Moved: Councillors Spencer/Kay)
B. That Council elects the Mayor as the Chairperson and Councillor Spencer as Deputy Chairperson to the Active Transport Reference Committee
For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Ngai, Smith, Spencer, A. Taylor, G. Taylor, Ward and Wheatley
Against the Resolution: Councillor Lennon
CARRIED
(Moved: Councillors Spencer/G.Taylor)
D. That Council note the Advisory and Reference Committees Guideline has been updated and will be published to Council’s website.
CARRIED UNANIMOUSLY |
Motions of which due Notice has been given
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Retaining Recreation Space in Roseville Chase
File: S13447 Vide: NM.1
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Notice of Motion from Councillor Ngai dated 1 November 2022
At the Ordinary Meeting of Council of February 2022, it was resolved that Council adopt the Planning Proposal to rezone 100% of the former Roseville Chase Bowling Club Site at 47 Warrane Road as R2 Low Density Residential. Then at the Ordinary Meeting of Council of April 2022, it was resolved that Council divest the site in full.
Given the Department of Planning, Industry & Environment’s public letter to Ku-ring-gai Council on 16 July 2021 (point 6) as well as recent correspondence from the Department this year, it is evident that the full R2 site will likely be rezoned to R3 Medium Density Residential (townhouses) under the hands of a future owner/developer.
For the Ordinary Meeting of Council of September 2022, a motion was prepared (NM1, CY00368/12) stating that the needs of local residents in both Gordon and Roseville Chase should be given equal weight and respect, and that the treatment and fate of bowling club sites at both suburbs should be the same. Then at the meeting, it was resolved that the matter be deferred for an inspect of the subject site. A site inspection was held on 21 October.
For the Ordinary Meeting of Council of October 2022, it was resolved (NM1) that staff prepare a report for land uses of the Gordon Bowling Club site incorporating a combination of open space at approximately 50% of the site and R3 Medium Density Residential (townhouses) for the remainder. In the spirit of consistent treatment, the Roseville Chase Bowling Club site should also be 50% open space.
I move that:
A. Council does not proceed with the divestment of land at 47 Warrane Road Roseville Chase, and the land be reclassified from ‘operational land’ back to ‘community land’ in accordance with section 33 of the Local Government Act 1993.
B. Staff prepare land use options for the former Roseville Chase Bowling Club site incorporating a combination of public open space at approximately 50% of the site and R3 Medium Density Residential (townhouses).
C. That a report be brought back to Council with a recommendation for a preferred option and recommendations to commence a Planning Proposal.
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MOTION:
(Moved: Councillors Ngai/Spencer)
I move that: A.
Council
halts the divestment of land at 47 Warrane Road Roseville Chase. B.
staff
prepare land use options for the former Roseville Chase Bowling Club site
incorporating a combination of public open space at approximately 50% of the
site and R3 Medium Density Residential (townhouses). C. a report be brought back to Council by September 2023 with a recommendation for a preferred option and recommendations to commence a Planning Proposal. |
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AMENDMENT
(Moved: Councillors A.Taylor/G.Taylor)
That Council halts the divestment of land at 47 Warrane Road Roseville Chase.
The Amendment was put and declared LOST
For the Amendment: Councillors Kay, A.Taylor, G.Taylor and Ngai
Against the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley
Debate resumed on the Motion.
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(Moved: Councillors Ngai/Spencer)
That: A.
Council halts the divestment of land at 47 Warrane Road
Roseville Chase. B.
staff prepare land use options for the former Roseville Chase
Bowling Club site incorporating a combination of public open space at
approximately 50% of the site and R3 Medium Density Residential (townhouses). C. a report be brought back to Council by September 2023 with a recommendation for a preferred option and recommendations to commence a Planning Proposal For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley
Against the Resolution: Councillor G. Taylor
CARRIED |
Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors Wheatley and A.Taylor
was CARRIED UNANIMOUSLY
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Recycling Bins in Public Spaces
File: S02294 Vide: C.2
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In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(d)(ii) & 10A(2)(f), 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.
Section 10A(2)(f) of the Act permits the meeting to be closed to the public for matters affecting the security of the Council, Councillors, Council staff or Council property.
This matter is classified confidential under section 10A(2)(f) because it is not in the public interest to release this information as it would prejudice the security of the Council, Councillors, Council staff or Council property.
Report by Director Operations dated 27 October 2022
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(Moved: Councillors G. Taylor/A. Taylor)
That:
A.
this report is received and noted. B. Council identify scenario B as preferred for implementation next financial year, subject to identifying funding during the upcoming budget cycle.
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Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
GB.21 Proposed Heritage Listing – 10 Park Crescent, Pymble TBA
The Meeting closed at 8.37PM
The Minutes of the Ordinary Meeting of Council held on 15 November 2022 (Pages 1 - 21) were confirmed as a full and accurate record of proceedings on 13 December 2022.
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General Manager Mayor / Chairperson