Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 25 July 2023
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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) Acting Director Community (Virginia Leafe) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Nicole Kratochvil) |
The Meeting commenced at 7:00PM
The Mayor offered the Prayer
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File: S02194
The General Manager, Mr John McKee, advised of an apology from the Director Community, Ms Janice Bevan, who is on leave.
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That the apologies be accepted and leave of absence granted.
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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.
Councillor Wheatley declared a non-pecuniary, non-significant interest in GB.13 – Draft Planning Agreement – Exhibition Roseville Memorial Club. Councillor Wheatley will leave the Chambers during debate on this item.
Councillor Lennon declared a
non-pecuniary interest in GB.1 - Council Sponsorship
Applications 2023-2024 due to a personal association with the President
of the Marian Street Theatre for Young People.
Councillor Lennon declared a non-pecuniary interest in GB.12 - Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble as his father, who was Mayor at the time, was instrumental in leading council to acquire the Town Hall.
Councillor Kay declared a non-significant, non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024 as she is a member of St Ives Rotary was previously a member of the Committee. Councillor Kay will leave the Chambers during debate on this item.
Councillor Kay declared a non-significant, non-pecuniary interest in GB.11 - Environmental Levy Grant Program - Round 25 as she currently is on the Wild Things NSW Committee. Councillor Kay will leave the Chambers during debate on this item.
Cr Ward declared a non-significant, non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024, as she was previously a member of the Board of the Marian Street Theatre for Young People.
Cr A.Taylor declared a non-significant, non-pecuniary interest in GB.1 - Council Sponsorship Applications 2023-2024 as he is the President of Ku-ring-gai Rotary Community Network. Councillor A.Taylor will leave the Chambers during debate on this item.
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.1
Memo to Councillors, General Manager, Directors, Manager Corporate Communications
and Manager Governance
& Corporate Strategy from Director Community dated 19 July
2023 Re: Council
Sponsorship
GB.2 Memo to Councillors, General Manager and Directors from Manager Governance & Corporate Strategy Re: GB.2 Review of Ward Boundaries - Clarification
- Memo to Councillors, General Manager and Directors from Manager Governance & Corporate Strategy Re: Correction to Minutes of Ordinary Meeting of Council 20 June 2023
- Updated Disclosure of Interest Returns form - Councillor Alec Taylor dated 18 June 2023 |
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9394 |
CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING
File: S02499/9
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(Moved: Councillors Kay/Lennon)
That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of confidential attachments to the following General Business reports:
GB.1 Council Sponsorship Applications 2023-2024
In accordance with 10A(2)(d)(i):
· Attachment 1: Wahroonga Village Fair Sponsorship · Attachment 2: Wahroonga Food & Wine Festival Sponsorship · Attachment 3: Bobbin Head Cycle Classic Sponsorship · Attachment 4: Bare Creek Run – Challenge Works Pty Ltd Sponsorship · Attachment 5: Roseville Story Productions Sponsorship · Attachment 6: Special Olympics Sydney Upper North Shore Club Sponsorship · Attachment 7: Dogs in the Park NSW Sponsorship · Attachment 8: Ku-ring-gai Shield – St Ives Bowling Club Sponsorship · Attachment 9: Ku-ring-gai Art Society Sponsorship · Attachment 10: St Ives Preschool Kindergarten Sponsorship · Attachment 11: Northlight Anglican Church West Pymble Sponsorship · Attachment 12: MSTYP Sponsorship · Attachment 13: Ku-ring-gai Philharmonic Orchestra Incorporated Sponsorship · Attachment 14: Welcome Basket Sponsorship
GB.6 Heads of Agreement – Northern Suburbs Football Association and Ku-ring- gai Council
In accordance with 10A(2)(d)(ii):
· Attachment 1: Heads of Agreement – Ready for execution – NSFA and KRG – NTRA · Attachment 2: HoA Considerations Table – NSFA and KRG – NSFA
GB.7 Active Transport Reference Committee – recruitment of members
In accordance with 10A(2)(a):
· Attachment 1: List of nominees (1st and 2nd round) and recommended members · Attachment 2: Consolidated Submission Nominations (1st round) · Attachment 3: Consolidated Submission Nominations (2nd round)
GB.12 Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble
In accordance with 10A(2)(c) and (d)(i):
· Attachment 3: Financial Considerations and Permitted Us–s - Town Hall and Presbytery 1186-1188 Pacific Hwy, Pymble
GB.13 Draft Planning Agreement - Exhibition Roseville Memorial Club
In accordance with 10A(2)(c):
· Attachment 2: Roseville Memorial Club Valuation Update - 7 November 2022 · Attachment 3: Purchase price for Part 62 Pacific Highway, Roseville
CARRIED UNANIMOUSLY
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Nomination of items on the agenda for a site inspection
Council considered a site inspection for GB.13 Draft Planning Agreement - Exhibition Roseville Memorial Club after a nomination was proposed by Councillor Kay. After having declared a non-significant non-pecuniary interest on Item GB13, Councillor Wheatley withdrew from the Chambers during discussion and did not vote on the matter. When put to the vote the nomination was LOST.
For the Nomination: 2 Councillors FOR
Against the Nomination: 7 Councillors AGAINST
After the vote was taken, Councillor Wheatley returned to the Chambers.
PROCEDURAL MOTION
Standing Orders were suspended at this point in the meeting to agree to deal with Question with Notice, QN.1 - Proposed construction of new grandstand and associated facilities – North Turramurra sporting fields after items adopted in accordance with the officer’s recommendation allowing for minor changes without debate. A motion was moved by Councillors Spencer and Kay and CARRIED UNANIMOUSLY.
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File: S13912 Vide: GB.2 |
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To review Ku-ring-gai Local Government Area ward boundaries. |
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(Moved: Councillors Spencer/Kay)
That Council note the attached information and retain the current ward boundaries (noting the information in the memo).
CARRIED UNANIMOUSLY |
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Monthly Project Status Report - June 2023
File: FY00621/5 Vide: GB.4 |
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To provide Council with the Project Status Report for April - June 2023. |
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(Moved: Councillors Spencer/Smith)
That:
A. Council receive and note the Project Status Report for June 2023.
B. The Project Status Report be placed on Council’s website.
CARRIED UNANIMOUSLY
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Generic Plan of Management, General Community Use - For Exhibition
File: S13466 Vide: GB.5 |
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To seek endorsement of the draft Generic Plan of Management - General Community Use for exhibition. |
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(Moved: Councillors Spencer/Lennon)
A. That Council endorse the draft Plan of Management – General Community Use as attached to this report for public exhibition with Crown Approval in accordance with the requirements of the Local Government Act and CLM Act;
B. That Council notes the draft advice, as attached to this report, from the Native Title Manager in relation to the Draft Plan of Management – General Community Use;
C. That Council allows officers to amend the Draft Plan of Management – General Community Use Generic, in accordance with the Department of Planning and Environment – Crown Lands requirements, prior to public exhibition;
D. A further report be brought back to Council following the exhibition period. Subject to no changes (except for minor editorial and formatting changes), the Department of Planning and Environment – Crown Lands has provided consent for the PoM to adopted without further submission to Crown.
CARRIED UNANIMOUSLY
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After having previously declared a non-significant non-pecuniary interest on Item GB11, Councillor Kay withdrew from the Chambers during discussion and did not vote on the matter.
After debate on the above matter concluded, Councillor Kay returned to the Chambers.
After having previously declared a non-significant non-pecuniary interest on Item GB13, Councillor Wheatley withdrew from the Chambers during discussion and did not vote on the matter.
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Draft Planning Agreement - Exhibition Roseville Memorial Club
File: S12306/2 Vide: GB.13 |
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To seek Council’s endorsement for the exhibition of a draft Planning Agreement in relation to the Roseville Memorial Club’s proposed redevelopment at Part 62 and 64-66 Pacific Highway, Roseville. |
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(Moved: Councillors Spencer/Smith)
A. That public notice of the exhibition of the draft Planning Agreement and all attachments relating to the property at Part 62 and 64-66 Pacific Highway Roseville, be duly given.
B. That the draft Planning Agreement and all attachments be made available for inspection in a public exhibition, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2021.
C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement and all attachments, including the offer to purchase Council land.
D. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests.
CARRIED UNANIMOUSLY |
After debate on the above matter concluded, Councillor Wheatley returned to the Chambers.
After having previously declared non-significant non-pecuniary interests on Item GB.1, Councillors Kay, Lennon, A.Taylor and Ward withdrew from the Chambers during discussion and did not vote on the matter.
After debate on the above matter concluded Councillors Kay, Lennon, A.Taylor and Ward returned to the Chambers.
Standing Orders were suspended at this point in the meeting to deal with Question with Notice, QN.1 - Proposed construction of new grandstand and associated facilities – North Turramurra sporting fields.
QUESTIONS WITH NOTICE
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PROPOSED CONSTRUCTION OF NEW GRANDSTAND AND ASSOCIATED FACILITIES – NORTH TURRAMURRA SPORTING FIELDS
File: EM00041/11 Vide: QN.1
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QUESTION:
Question from Councillor for Wahroonga Ward, Councillor Cedric Spencer dated 5 July 2023.
At the Ordinary Meeting of 14 February 2023 Council considered a report on a proposal by the Northern Suburbs Football Association (NSFA) to construct a new grandstand and associated facilities at the North Turramurra Recreation Area (NTRA). The report (item GB.18) detailed the project proposal, including details associated with the approved DA (DA0484/21) as well as successful grant applications undertaken by the NSFA. Council has been asked to accept the current risks associated with the project and that Council continues to negotiate the terms of a Heads of Agreement with the NSFA, it is therefore appropriate that due diligence is conducted.
1. Will the General Manager seek advise from both NSFA and the NSW Office of Sport as to whether NSFA had provided an owners consent from Ku-ring-gai Council in the NSFA’s successful Multi-Sport Community Facility Fund 2022-23 Grant.
2. Will the General Manager seek further advise from both NSFA and the NSW Office of Sport as to whether the NSW Office of Sport believes that the grant submission lodged by NSFA which was subsequently approved met the guidelines for the 2022-23 Multi-Sport Community Facility Fund Grant Round as Council is concerned that the grant application may not appear to: a. provide a minimum 50% financial co-contribution by NSFA of the grant amount requested; b. provide evidence of landowner(s) consent for the project; c. provide evidence of the applicant’s capacity to fund and manage ongoing operations including routine and lifecycle maintenance costs; and d. have broad community support, as evidenced by: i. Petition of Objection – Presented by Councillor Cedric Spencer to Council 27 April 2022 – 960 Signatures ii. Petition of Objection – Presented by Mr Peter Delaney to Council 22 August 2022 – 239 Signatures iii. Petition of Objection organised by North Turramurra Action Group to Council 21 September 2022 – 1473 Signatures. 3. Will the General Manager seek advise from both NSFA and the NSW Office of Sport as to whether NSFA has submitted the Female Friendly Community Sports Facilities and Lighting Upgrades 2022/23 Grant without the Landowner’s Consent from Ku-ring-gai Council.
For the purpose of good governance of Ku-ring-gai Council, will the General Manager report back to Council with responses from both NSFA and the NSW Office of Sport to satisfy the questions above, including their production of supporting evidence, on an urgent and confidential basis.
ReSPONSE:
Response from Director Strategy and Environment:
1. It is not Council’s intention to raise questions about the Multi-Sport Community Facility Fund 2022-23 grant application process with either the NSFA or the NSW Office of Sport. Council did not provide owners consent to accompany the grant application.
2. It is not Council’s intention to raise questions about compliance with the Multi-Sport Community Facility Fund 2022-23 grant application guidelines with either the NSFA or the NSW Office of Sport. In accordance with Council’s resolution of February 2023 Ordinary meeting, staff are progressing with the development of a draft Heads of Agreement for the project on the assumption, among other things, that all capital costs, operating costs, and whole of lifecycle costs for the project will be borne by the NSFA and that all capital finds are available to Council prior to going to tender for construction.
3. It is not Council’s intention to raise questions about the Female Friendly Community Sports Facilities and Lighting Upgrades 2022/23 Grant with either the NSFA or the NSW Office of Sport. Council did not provide owners consent to accompany the grant application and there are email communications in Council’s records to that effect. By way of email to all Councillors dated 19 July 2023 providing Correspondence to the Office of Sport dated 22 November 2022 stating (in part) “Ku-ring-gai Council have advised that they are not currently in the position to provide a landowner consent form to accompany the NSFA’s Female Friendly Community Sport Facilities and Lighting Upgrades Grant Program grant application. The reason provided is that the final consent of Council to commence construction of the project would be subject to separate resolution of Council and a licence or lease on terms consistent with Council’s Management of Community and Recreation Facilities Policy”.
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Heads of Agreement - Northern Suburbs Football Association and Ku-ring-gai Council
File: S13678-3 Vide: GB.6
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For Council to determine if it wishes to enter into a Heads of Agreement (HoA) with the Northern Suburbs Football Association (NSFA) for the construction of a new grandstand and associated facilities at the North Turramurra Recreation Area, primarily for use by NSFA.
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motion:
(Moved: Councillors Smith/Wheatley)
A. If Council accepts the risks, costs, and benefits associated with the project and the terms of the draft Heads of Agreement as presented, Council resolves to endorse the Heads of Agreement based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at the existing sports ground as the basis for finalising transaction documents for the project.
B. That Council note that this proposal is not driven by financial outcomes, but rather the economic, social, and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, that from a strictly financial perspective, the project may not be financially feasible.
C. That Council note that except for possible carry forwards from the 2022/2023 financial year (which are yet to be considered by Council), there is no budget allocation for any work on this project in the 2023/2024 annual budget.
D. That Council advise NSFA that all capital costs, operating costs, and lifecycle costs (beyond preparation of a Heads of Agreement) will be borne by NSFA and that transaction documents associated with this project will be drafted accordingly.
E. That Council note that finalisation of transaction documents associated with the project will be referred to Council for endorsement prior to execution.
F. Council authorises the Mayor and General Manager to execute the Heads of Agreement on behalf of Council and to make minor/inconsequential changes if required in order to protect Council’s interests. |
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procedural motion:
Council resolved itself into Closed Meeting between 7:48pm and 8:00pm with the press and public excluded to deal with this item after a Motion moved by Councillors Kay and Spencer was CARRIED.
For the Procedural Motion: Councillors Kay, Ngai, Spencer, A.Taylor, G.Taylor and Ward
Against the Procedural Motion: The Mayor, Councillor Pettett, Councillors, Lennon, Smith and Wheatley
Council resolved itself into Open Meeting at 8:00pm after a Motion moved by Councillors A.Taylor and Ngai was CARRIED UNANIMOUSLY. Debate on the item resumed.
procedural motion:
Councillors Smith and Wheatly moved a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers for and 2 against. The Procedural Motion was CARRIED UNANIMOUSLY.
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(Moved: Councillors Smith/Wheatley)
A. If Council accepts the risks, costs, and benefits associated with the project and the terms of the draft Heads of Agreement as presented, Council resolves to endorse the Heads of Agreement based on approved DA plans (DA0484/21) for construction of a new grandstand with café, change rooms, offices, treatment rooms, corporate and media facilities at the existing sports ground as the basis for finalising transaction documents for the project.
B. That Council note that this proposal is not driven by financial outcomes, but rather the economic, social, and environmental value offered to the community, including the health benefits for players through increased activity and recreational outcomes. Further, that from a strictly financial perspective, the project may not be financially feasible.
C. That Council note that except for possible carry forwards from the 2022/2023 financial year (which are yet to be considered by Council), there is no budget allocation for any work on this project in the 2023/2024 annual budget.
D. That Council advise NSFA that all capital costs, operating costs, and lifecycle costs (beyond preparation of a Heads of Agreement) will be borne by NSFA and that transaction documents associated with this project will be drafted accordingly.
E. That Council note that finalisation of transaction documents associated with the project will be referred to Council for endorsement prior to execution.
F. Council authorises the Mayor and General Manager to execute the Heads of Agreement on behalf of Council and to make minor/inconsequential changes if required in order to protect Council’s interests.
The Motion was put and declared CARRIED:
For the Resolution: The Mayor, Councillor Pettett, Councillors, Lennon, Smith, Wheatley, A.Taylor and Ward
Against the Resolution: Councillors Kay, Ngai, G.Taylor and Spencer
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PROCEDURAL MOTION:
At 8:44pm Council adjourned for a short interval after a motion moved by the Mayor was CARRIED UNANIMOUSLY.
The meeting resumed at 8:49pm.
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Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble
File: S13795 Vide: GB.12
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For Council to consider a Planning Proposal to reclassify land at 261 Mona Vale Rd, St Ives, 1186-1188 Pacific Hwy, Pymble, and 1192 Pacific Hwy, Pymble from Community to Operational land. |
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PROCEDURAL MOTION:
A Motion moved by Councillors Kay and Spencer that voting on the item be put in seriatim (sequentially and voted on separately) as A to C was CARRIED UNANIMOUSLY.
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MOTION:
(Moved: Councillors Kay/G.Taylor)
A. That
a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community
land to Operational land not 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.. For the Resolution: Councillors Kay, Ngai, A. Taylor and G. Taylor
Against the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley
LOST
B. That a Planning Proposal to reclassify 1186-1188 Pacific Highway, Pymble from Community land to Operational land not 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.
CARRIED UNANIMOUSLY
C. That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land not 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.
For the Resolution: Councillors Kay, Ngai, Spencer, A.Taylor and G.Taylor
Against the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley
The voting being EQUAL, the Mayor exercised his Casting Vote AGAINST the Resolution
LOST
Councillor Ngai briefly left and returned to Chambers during discussion of this item.
The following motion was put in seriatim (sequentially and voted on separately) as A, C and D and E together.
MOTION
(Moved: Councillors Pettett/Smith) A. That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land 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.
For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Spencer, Ward and Wheatley Against the Resolution: Councillors Kay, Ngai, A.Taylor and G.Taylor CARRIED
C. That a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land 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.
For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley Against the Resolution: Councillors Kay, Ngai, Spencer, A.Taylor and G.Taylor
The voting being EQUAL, the Mayor exercised his Casting Vote FOR the Resolution CARRIED
For the Resolution: The Mayor, Councillor Pettett, Councillors Ngai, Lennon, Smith, Spencer, Ward and Wheatley Against the Resolution: Councillors Kay, A.Taylor and G.Taylor
CARRIED
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(Moved: Councillors Kay/G.Taylor)
B. That a Planning Proposal to reclassify 1186-1188 Pacific Highway, Pymble from Community land to Operational land not 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.
(Moved: Councillors Pettett/Smith)
A. That a Planning Proposal to reclassify 261 Mona Vale Road, St Ives from Community land to Operational land 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 a Planning Proposal to reclassify 1192 Pacific Highway, Pymble from Community land to Operational land 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. D. That upon receipt of a Gateway Determination for any or all of the above mentioned sites, the exhibition, public hearing and consultation process is carried out in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Gateway Determination. E. That a report be brought back to Council at the end of the consultation process.
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Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
None
The Meeting closed at 9:16PM
The Minutes of the Ordinary Meeting of Council held on 25 July 2023 (Pages 1 - 21) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>.
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General Manager Mayor / Chairperson