Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 17 March 2026
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Present: |
The Mayor, Councillor Christine Kay (Chairperson) Councillors M Devlin & J Pettett (Comenarra Ward) Councillors I Balachandran & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillor M Smith (St Ives Ward) Councillors C Spencer & K Wheatley (Wahroonga Ward) |
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Staff Present: |
General Manager (David Marshall) Acting Director Community (Michelle Swan-Beardmore) Director Corporate (Angela Apostol) Director Development & Regulation (Michael Miocic) Director Operations (Peter Lichaa) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Governance and Corporate Strategy (Christopher M Jones) Acting Governance Team Leader (Eliza Gilbank-Heim) |
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Others Present: |
Manager Project Services (Claire Ashby) Team Leader Urban Planning (Craige Wyse) |
The Meeting commenced at 7:02 PM
The Mayor offered the Acknowledgement of Country and Prayer
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File: S02194
Nil. |
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 Devlin declared a non-significant, non-pecuniary interest in GB.12. Councillor Devlin will remain in Chambers during debate on this item.
The General Manager declared interest in C.1. The General Manager will leave 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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Late Items: |
MM.1 - Appointments to the Eryldene Trust - Report by The Mayor dated 17 March 2026. |
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Memorandums: |
Memorandum relating to GB.11 Planning Proposal for 1364-1396 Pacific Highway and 1, 1A, 3 and 3A Kissing Point Road Turramurra (Turramurra Plaza) - Post Exhibition - Report by Manager Governance and Corporate Strategy dated 5 March 2026 and an attachment. Listed as item GB.13 for noting only. Confidential Memorandum relating to GB.12 Nominations to the Flood Risk Management Committee - evaluation of nominees - Report by Manager Governance and Corporate Strategy dated 9 March 2026 with attachments. Listed as item C.3 for noting only. Confidential Memorandum relating to C.2 Project Update – Legal Advice - Report by General Manager dated 17 March 2026. Listed as item C.5 for noting only. |
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Councillors Information: |
A response to questions taken on notice from 17 February 2026 OMC from the Director Corporate was circulated to the Mayor and Councillors on 17 March 2026. |
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Late Confidential Items: |
C.1 - General Manager Performance Review - Report by The Mayor dated 13 March 2026 and an attachment. C.2 - Project update - legal advice - Report by Director Operations dated 13 March 2026 and an attachment. C.4 - Legal Advice - Report by General Manager dated 16 March 2026 and an attachment. |
During consideration of the following item, Councillor Devlin departed and returned to Chambers.
After having declared an interest in C.1, the General Manager left Chambers during the following debate.
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General Manager Performance Review
File: CY00254/17 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 The Mayor dated 13 March 2026.
MOTION:
(Moved: The Mayor, Councillor Kay)
A. That the General Manager’s Performance Review be adopted.
B. That the proposed Performance Agreements for 2025/26 and 2026/27 be prepared by the performance review panel, General Manager, and Facilitator using input provided by councillors.
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(Moved: The Mayor, Councillor Kay)
A. That the General Manager’s Performance Review be adopted.
B. That the proposed Performance Agreements for 2025/26 and 2026/27 be prepared by the performance review panel, General Manager, and Facilitator using input provided by councillors.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
The General Manager returned to Chambers.
PETITIONS
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Petitions Policy - Post-exhibition report
File: EM00049/2 Vide: GB.6
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To seek Council endorsement of a new Petitions Policy to formalise the process for the consistent and transparent management of public petitions.
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(Moved: Councillors Wheatley/Pettett)
That Council adopt the Petitions Policy.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
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Review of Joint Organisations (JO) Framework
File: CY00430/14 Vide: GB.7
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To inform Council of the Minister for Local Government’s intention to review the Joint Organisation (JO) framework and boundaries and respond to the Minister’s invitation to join or create a JO.
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(Moved: Councillors Wheatley/Pettett)
That Council formally advise the Office of Local Government of its intention to continue regional collaboration through the Northern Sydney Regional Organisation of Councils (NSROC).
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
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RFT13-2025 Road Upgrade Iona Avenue West Pymble
File: RFT13-2025/R Vide: GB.9
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To consider the tenders received for RFT13-2025 Road Upgrade Iona Avenue West Pymble and to appoint the preferred tenderer.
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(Moved: Councillors Wheatley/Pettett)
That:
A. Council accepts the tender submission from Tenderer A to carry out the road upgrade works in Iona Avenue West Pymble.
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 2021.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
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Project update - legal advice
File: S14999 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 section 10A(2)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:
(a) is a substantial issue relating to a matter in which the Council is involved (b) is clearly identified in the advice, and (c) is fully discussed in that advice.
It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.
Report by Director Operations dated 13 March 2026.
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(Moved: Councillors Wheatley/Pettett)
That Council receives and notes this report
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
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Confidential Memorandum - GB.12 Nominations to the Flood Risk Management Committee - evaluation of nominees
File: EM00049/2 Vide: C.3
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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 Manager Governance and Corporate Strategy dated 9 March 2026.
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(Moved: Councillors Wheatley/Pettett)
A. Receive and note the supplementary information B. Note that the information contained within the attached documents is to be read in conjunction with the published Business Paper and, where specified, supersedes previous staff advice or recommendations.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
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Legal Advice
File: CY00861/3 Vide: C.4
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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)(g), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:
(a) is a substantial issue relating to a matter in which the Council is involved (b) is clearly identified in the advice, and (c) is fully discussed in that advice.
It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.
Report by General Manager dated 16 March 2026.
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(Moved: Councillors Wheatley/Pettett)
That the report be received and noted.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
During debate on the following item, Councillor Wheatley departed and returned to Chambers.
During debate on the following item, Councillor Spencer departed and returned to Chambers.
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File: S12203 Vide: GB.10
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To provide Council with an assessment of the implementation of the Action Plan included in the Ku-ring-gai Heritage Strategy August 2021.
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(Moved: Councillors Balachandran/Wheatley)
That the report be received and noted.
For the Resolution: The Mayor, Councillor Kay, Councillors Balachandran, Devlin, Ngai, Pettett, Smith, Spencer, Taylor, Ward and Wheatley
Against the Resolution: None
Absent: None CARRIED |
BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice
Nil.
Nil.
Inspections– SETTING OF TIME, DATE AND RENDEZVOUS
The Mayor invited Councillor Devlin to address Council in recognition of St Patrick’s Day celebrations.
The Meeting closed at 8:53pm.
The Minutes of the Ordinary Meeting of Council held on 17 March 2026 (Pages 1 - 22) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>.
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General Manager Mayor / Chairperson