Minute                                            Ku-ring-gai Council                                                Page

 

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 16 February 2021

 

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillor S Ngai (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

 

 

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Governance and Corporate Strategy (Michael Wearne)

Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

 

 

 

 

The Meeting commenced at 7:00pm

 

The Mayor offered the Prayer

 

 

DECLARATIONS OF INTEREST

 

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 Szatow declared a significant non-pecuniary conflict of interest for Item GB.11 as she is a member of the Sydney North Planning Panel and she will leave the meeting during debate of the item.

 

Councillor Smith declared a significant non-pecuniary conflict of interest for Item GB.11 as he is a member of the Sydney North Planning Panel and he will leave the meeting during debate of the item.

 

The Manager Urban and Heritage Planning (Antony Fabbro) declared a non-significant, non-pecuniary interest in GB.12 as he has a relative who lives on Powell Street and he will leave the meeting during debate on that matter.

 

 

 

 

 

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:

 

Memorandums:

Minutes – Extraordinary Meeting of Council 5 February 2021 & GB.8 – Business Approved Under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the December to January Recess Period 2020/21

Memorandum from the Manager Governance and Corporate Strategy dated 9 February 2021 attaching minutes of the Extraordinary Meeting of Council held Friday, 5 February 2021, and confirming no business was approved under delegated authority during the 2020/2021 recess period.

 

 

03

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

 

File: S02499/9

 

 

Resolved:

 

(Moved: Councillors Smith/Greenfield)

 

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 report:  

GB.14 St Ives Indoor Sports Centre – Heads of Agreement

In accordance with 10(2)(d)(ii):

Attachment 2: MinterEllison Comments on Heads of Agreement

CARRIED UNANIMOUSLY

 

 

CONFIRMATION OF MINUTEs

 

04

Minutes of Ordinary Meeting of Council

File: S02131

 

Meeting held 8 December 2020

Minutes numbered 235 to 229

 

 

Resolved:

 

(Moved: Councillors Greenfield/Clarke)

 

That Minutes numbered 235 to 229 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

 

CARRIED UNANIMOUSLY

 

 

05

Minutes of Extraordinary Meeting

File: S02131

 

Meeting held 5 February 2021

Minutes numbered 01 to 02

 

 

Resolved:

 

(Moved: Councillors Greenfield/Szatow)

 

That Minutes numbered 01 to 02 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

 

For the Resolution:                The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Kelly, Pettett, Smith and Szatow.

 

Against the Resolution:          Councillors Kay, Ngai and Spencer.

 

 

minutes from the Mayor

 

06

2021 Australia Day Honours
and Citizen of the Year Awards

 

File: S12975

Vide: MM.1

 

 

I am pleased to inform you that 7 Ku-ring-gai citizens, through their outstanding achievements and services to the community have been awarded 2021 Australia Day Honours.

 

We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.

 

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

 

Wendy CARVER  OAM of St Ives, for service to community mental health

 

Mark GINSBURG  OAM of Lindfield, for service to the Jewish community, and to music

 

Dr Stephen Edwin JUDD  AM of Roseville, for significant service to older persons living with dementia

 

Janet Dorothy KNEESHAW  OAM of Pymble , for service to the performing arts, and to the community

 

Professor Roger Robert REDDEL  AO of St Ives, for distinguished service to biomedical research in the field of adult and childhood cancer and genetics, and to tertiary education

 

Professor Markus Joachim SEIBEL AM of Killara, for significant service to medical research, and to endocrinology.

 

Bexon WHANG  OAM of Wahroonga, for service to veterans of the Korean War

 

I also congratulate Ku-ring-gai Citizen of the Year winners for 2021:

 

Citizen of the Year - Michelle Key

 

Young Citizen of the Year – Edward Giles

 

Young Environmental Citizen of the Year – Ella Di Moro

 

Environmental Citizen of the Year – Plant Rescue Ku-ring-gai

 

Mayor’s Award for Outstanding Service by a Community Organisation – Lifeline Harbour to Hawkesbury Christmas Hamper Appeal

 

Mayor’s Award for Outstanding Service by a Community Organisation - Kissing Point Sports Club

 

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

 

Ku-ring-gai should be proud that it has citizens being recognised at the highest level for their selfless dedication, commitment and contribution to local, national and international communities.

 

 

Resolved:

 

(Moved: Councillor Anderson)

 

That:

 

A.   Council acknowledge the outstanding contribution made by these recipients of 2021 Australia Day Honours to the Ku-ring-gai community and to the well-being of our society.

 

B.   The Mayor write to the recipients on behalf of Council to congratulate them on receiving their award, including a copy of this Mayoral Minute

 

CARRIED UNANIMOUSLY

 

PETITIONS

 

07

Petition to Remove the Pine Tree and Replace it with a Smaller Safer Tree at the Front of 212-216 Mona Vale Road, St Ives

 

File: EM00027/43

Vide: PT.1

 

 

To whom it may concern and to the strata manager and building manager. We the underlined signatures believe that the pine tree out the front of our building is a dangerous tree and should be replaced with a smaller safer tree. We believe that the assessment by the tree arborist that the tree is not dangerous is incorrect. (31 signatures).

 

 

Resolved:

 

(Moved: Councillors Kay/Smith)

 

That the petition be received and referred to the appropriate Officer of Council for attention.

 

CARRIED UNANIMOUSLY

 

 

Recommendations from Committee

 

 

08

Minutes of the Ku-ring-gai Traffic Committee held on 9 November 2020

 

File: CY00022/13

Vide: RC.1

 

 

Meeting held 9 November 2020

 

The Ku-ring-gai Traffic Committee presents the Minutes of the Meeting held on 9 November 2020 (Minutes numbered KTC11 to KTC18) for adoption by the Council.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

 That:

 

A.      Minutes numbered KTC11 to KTC18 be received and confirmed as an accurate record of the proceedings of the meeting.

 

B.     In respect to Minutes numbered KTC11 to KTC15 and KTC17 to KTC18, Council adopt the recommendation of the Committee.

 

C.      In respect to Minute numbered KTC16, Council adopt the original Officers recommendation to the Committee.

 

CARRIED UNANIMOUSLY

 

 

09

Gordon High Pedestrian Activity Area

 

File: S02171

 

Ward: Gordon

Electorate: Ku-ring-gai

Vide Minute No  KTC12

 

 

To seek approval for the traffic facilities identified in the Gordon High Pedestrian Activity Area study.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

 

That Council consult Transport for NSW regarding the proposal and any changes are reported to the Ku-ring-gai Traffic Committee through Council’s Traffic Facility under Delegated Authority (TDA) process.

 

CARRIED UNANIMOUSLY

 

 

10

Lindfield Learning Village - Proposed Pedestrian Facilities

 

File: S11589

 

Ward: Roseville

Electorate: Davidson

Vide Minute No  KTC13

 

 

To consider proposed pedestrian facilities in Abingdon Road and Eton Road to support the operation of the Lindfield Learning Village.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

A.   That the proposed pedestrian facilities be approved.

 

B.   That School Infrastructure NSW and its relevant representatives on the project be notified of Council’s decision.

 

CARRIED UNANIMOUSLY

 

 

11

Rosedale Road & Shinfield Avenue, St Ives

 

File: TM9/12

 

Ward: St Ives

Electorate: Davidson

Vide Minute No  KTC14

 

 

To consider a proposal to construct a roundabout at the intersection of Shinfield Avenue and Rosedale Road in St Ives.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

A.   That subject to available funding, a roundabout be constructed at the intersection of Shinfield Avenue and Rosedale Road, as shown in the Plan No. Rosedale-Shinfield/KTC/11/20.A.

 

B.   That the existing ‘No Stopping’ restrictions on the eastern side of Rosedale Road be extended by 6 metres, as shown in the Plan No. Rosedale-Shinfield/KTC/11/20.B.

 

CARRIED UNANIMOUSLY

 

 

12

Stanley Street, St Ives

 

File: TM9/12

 

Ward: St Ives

Electorate: Davidson

Vide Minute No  KTC15

 

 

To consider traffic condition at the intersection of Stanley Street and Richard Road to improve visibility to approaching traffic for motorists exiting Richard Road.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

A.   That an edge line be marked 1.7 metres from the kerb on Stanley Street at Richard Road, as shown in the Plan No. Stanley-Richard/KTC/11/20

 

B.   That the existing ‘No Stopping’ signs on Stanley Street at Richard Road be reduced by 5 metres, as shown in the Plan No. Stanley-Richard/KTC/11/20.

 

C.   That ‘Give Way’ intersection control and associated line marking be introduced in Richard Road at Stanley Street intersection, as shown in the Plan No. Stanley-Richard/KTC/11/20.

 

D.   That Mr John Duggan, of 15 Richard Road, St Ives and Council’s Team Leader regulations be informed of Council’s decision.

 

CARRIED UNANIMOUSLY

 

 

13

Lyle Avenue, Lindfield

 

File: TDA93/20

 

Ward: Roseville

Electorate: Davidson

Vide Minute No  KTC16

 

 

To consider a proposal to partially convert the existing ‘No Parking’ restrictions from part-time to full-time on Lyle Avenue in Lindfield.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

That the existing ‘No Parking 9am-6pm Mon-Fri’ restrictions outside the frontage to No.2 Lyle Avenue be replaced with full-time ‘No Parking’ restrictions, as shown in attached Plan No. Lyle/KTC/11/20.

 

CARRIED UNANIMOUSLY

 

 

14

Shout Ridge, Lindfield

 

File: TM6/12

 

Ward: Roseville

Electorate: Davidson

Vide Minute No  KTC17

 

 

To consider a proposal to re-install a marked foot crossing on Shout Ridge in Lindfield.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

That a marked foot crossing be installed on the raised threshold on Shout Ridge, Lindfield.

 

CARRIED UNANIMOUSLY

 

 

15

Kissing Point Road, Turramurra

 

File: TM10/12

 

Ward: Comenarra

Electorate: Ku-ring-gai

Vide Minute No  KTC18

 

 

To consider a proposal to construct a pedestrian refuge on Kissing Point Road, south of Monteith Street, Turramurra.

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

A.   That a pedestrian refuge island be constructed on Kissing Point Road, south of Monteith Street, Turramurra.

 

B.   That a detailed design of the pedestrian refuge island and bicycle safety facility around the refuge be referred to TfNSW for approval, prior to construction.

 

CARRIED UNANIMOUSLY

 

 

GENERAL BUSINESS

 

16

Minutes of Audit, Risk & Improvement Committee meeting held on 1 October 2020

 

File: CY00458/9

Vide: GB.1

 

 

To provide Council with a copy of the Minutes from the Audit, Risk & Improvement Committee meeting held on 1 October 2020.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Clarke)

 

That Council receive and note the contents of this report.

 

CARRIED UNANIMOUSLY

 

 

 

 

 

 

17

Audit, Risk & Improvement Committee - Extension of Appointment - External Independent Chair

 

File: CY00458/9

Vide: GB.2

 

 

To consider offering a 2 year extension of appointment to the current External Independent Chair of Council’s Audit, Risk & Improvement Committee.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Spencer)

 

That the current External Independent Chair of the Audit, Risk & Improvement Committee, is offered an extension to his appointment for a period of 2 years commencing from 2 March 2021.

 

CARRIED UNANIMOUSLY

 

 

18

Investment Report as at 30 November 2020

 

File: FY00623/3

Vide: GB.3

 

 

To present Council’s investment portfolio performance for November 2020.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Szatow)

 

That:

 

A. The summary of investments and performance for November 2020 be received and noted.

 

B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.

 

CARRIED UNANIMOUSLY

 

 

19

Investment Report as at 31 December 2020

 

File: FY00623/3

Vide: GB.4

 

 

To present Council’s investment portfolio performance for December 2020.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Spencer)

 

That:

 

A. The summary of investments and performance for December 2020 be received and noted.

 

B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.

 

CARRIED UNANIMOUSLY

 

 

20

Investment Report as at 31 January 2021

 

File: FY00623/3

Vide: GB.5

 

 

To present Council’s investment portfolio performance for January 2021.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Spencer)

 

That:

 

A. The summary of investments and performance for January 2021 be received and noted.

 

B. The Certificate of the Responsible Accounting Officer be noted and the report adopted.

 

CARRIED UNANIMOUSLY

 

 

21

Analysis of Land and Environment Court Costs - 2nd Quarter 2020 to 2021

 

File: FY00623/3

Vide: GB.6

 

 

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2020.  

 

 

Resolved:

 

(Moved: Councillors Greenfield/Szatow)

 

That the analysis of Land and Environment Court costs for the year ended 31 December 2020 be received and noted.

 

CARRIED UNANIMOUSLY

 

 

22

2020 - 2021 Budget Review - 2nd Quarter ended December 2020

 

File: S09112/9

Vide: GB.7

 

 

To inform Council of the results of the second quarter budget review of 2020/21 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2020 to 31 December 2020.     

 

 

Resolved:

 

(Moved: Councillors Greenfield/Spencer)

 

That the December 2020 Quarterly Budget Review and the recommended changes be received and noted.

 

CARRIED UNANIMOUSLY

 

 

23

Business Approved under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the December - January Recess Period 2020/2021

 

File: CY00259/13

Vide: GB.8

 

 

To inform Councillors of any business approved under delegated authority during the 2020/2021 recess period.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Smith)

 

That Council receive and note the report.

 

CARRIED UNANIMOUSLY

 

 

 

 

 

 

24

2021 National General Assembly of Local Government - Call for Motions

 

File: S02133

Vide: GB.9

 

 

To inform Councillors of an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2021 National General Assembly (NGA) of Local Government. 

 

 

Resolved:

 

(Moved: Councillors Greenfield/Spencer)

 

That:

 

A. Councillors provide any proposed motions for the 2021 National General Assembly of Local Government to the Manager Governance and Corporate Strategy by Friday, 26 February 2021, and that a further report providing details of any proposed motions be referred to Council at its meeting on 16 March 2021 for approval prior to submission to the ALGA.

 

B. Any Councillors interested in attending the 2021 National General Assembly of Local Government notify the General Manager by 30 March 2021.

 

CARRIED UNANIMOUSLY

 

 

25

Progress Status Report - December 2020

 

File: FY00621/3

Vide: GB.10

 

 

To provide Council with the Project Status Report reflecting results for October, November and December 2020

 

 

Resolved:

 

(Moved: Councillors Greenfield/Smith)

 

That:

 

A.   Council receive and note the Project Status Report for December 2020.

 

B.   The Project Status Report be placed on Council’s website.

 

CARRIED UNANIMOUSLY

 

 

Having declared an interest in Item GB.12, the Manager Urban and Heritage Planning withdrew from meeting for the following matter.

 

26

Heritage Reference Committee Meeting Minutes - 22 October 2020

 

File: CY00413/8

Vide: GB.12

 

 

To have Council consider the minutes from the Heritage Reference Committee (‘HRC’) meeting held on 22 October 2020. These minutes were confirmed by the HRC at the HRC meeting held on 26 November 2020.

 

 

Resolved:

 

(Moved: Councillors Greenfield/Smith)

 

That Council receive and note the Heritage Reference Committee minutes relating to 22 October 2020.

 

CARRIED UNANIMOUSLY

 

The Manager Urban and Heritage Planning returned to the meeting after debate on Item GB.12 concluded.

 

 

27

Proposed Heritage Listing of 207 Eastern Road, Wahroonga

 

File: S13065

Vide: GB.13

 

 

To present the proposed heritage listing of Laverty House, 207 Eastern Road, Wahroonga and its interiors, on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’) following the advice of the Ku-ring-gai Local Planning Panel (‘KLPP’).

 

 

Resolved:

 

(Moved: Councillors Greenfield/Szatow)

 

That:

 

A.   Council adopt the planning proposal to amend the KLEP 2015 to include the allotment described as Lot B, DP414327 containing Laverty House - 207 Eastern Road, Wahroonga as a proposed heritage item in Schedule 5 and on the Heritage Map.

 

B.   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.   Upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the Gateway Determination and requirements of the Environmental Planning and Assessment Act, 1979.

 

D.   A report be brought back to Council after the exhibition period.

 

CARRIED UNANIMOUSLY

 

 

Having declared an interest in Item GB.11, Councillors Smith and Szatow withdrew from debate on the following matter.

 

28

Site specific DCP - Part 62, 64-66 Pacific Highway, Roseville

 

File: S12030

Vide: GB.11

 

 

To have Council consider an amendment to the Ku-ring-gai Local Centres Development Control Plan (DCP) to include site specific controls to support the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

 

 

MOTION:

 

(Moved: Councillors Ngai/Spencer)

 

That:

 

A.       Council endorse, for the purpose of public exhibition, the amendments to the Ku-ring-gai Local Centres Development Control Plan (DCP) to include site specific controls to support the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville. 

 

B.       The draft site specific DCP amendment be placed on public exhibition concurrently with the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville. 

 

C.       A report be brought back to Council at the conclusion of the exhibition period for Council to consider any submissions made.

 

D.       Council acknowledge that part of the development at 62, 64-66 Pacific Highway assumes the divestment of 156.80sqm of Roseville Town Centre community land.

 

E.       Council acknowledge that on page 58 of Attachment A1 of GB19 of the OMC dated 22 October 2019, there appears to be a tentative price of $225,000 for the community land mentioned in point D above. Council also notes that there are members of the community who believe that $225,000 is not a satisfactory outcome for ratepayers, especially when considering that it results in a reduction of scarce community parking space while also allowing the developer to support an extra 3 dwellings on the site.

 

F.        To support a wider range of valuation methodologies and in seeking a better outcome for our ratepayers, Council Staff review and propose changes to Council’s Acquisition and Divestment of Land Policy prior to any decision to sell the land mentioned in points D. and E. above. The final decision to sell this land (including the sale price) will be made by the elected councillors.

 

AMENDMENT:

 

(Moved: Councillor Clarke/ Greenfield)

 

That:

 

A.   Council endorse, for the purpose of public exhibition, the amendments to the Ku-ring-gai Local Centres Development Control Plan (DCP) to include site specific controls to support the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

 

B.   The draft site specific DCP amendment be placed on public exhibition concurrently with the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville.

 

C.   A report be brought back to Council at the conclusion of the exhibition period for Council to consider any submissions made.

 

For the Amendment:              The Mayor, Councillor Anderson, Councillors Clarke and Greenfield.

 

Against the Amendment:       Councillors Kay, Kelly, Ngai, Pettett and Spencer.

 

The Amendment was put and declared LOST.

 

Debate recommenced on the Motion.

 

The Motion was put and declared CARRIED.

 

Resolved:

 

(Moved: Councillors Ngai/Spencer)

 

That:

 

A.       Council endorse, for the purpose of public exhibition, the amendments to the Ku-ring-gai Local Centres Development Control Plan (DCP) to include site specific controls to support the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville. 

 

B.       The draft site specific DCP amendment be placed on public exhibition concurrently with the Planning Proposal for part 62, 64-66 Pacific Highway, Roseville. 

 

C.       A report be brought back to Council at the conclusion of the exhibition period for Council to consider any submissions made.

 

D.       Council acknowledge that part of the development at 62, 64-66 Pacific Highway assumes the divestment of 156.80sqm of Roseville Town Centre community land.

 

E.       Council acknowledge that on page 58 of Attachment A1 of GB19 of the OMC dated 22 October 2019, there appears to be a tentative price of $225,000 for the community land mentioned in point D above. Council also notes that there are members of the community who believe that $225,000 is not a satisfactory outcome for ratepayers, especially when considering that it results in a reduction of scarce community parking space while also allowing the developer to support an extra 3 dwellings on the site.

 

F.        To support a wider range of valuation methodologies and in seeking a better outcome for our ratepayers, Council Staff review and propose changes to Council’s Acquisition and Divestment of Land Policy prior to any decision to sell the land mentioned in points D. and E. above. The final decision to sell this land (including the sale price) will be made by the elected councillors.

 

For the Resolution:                The Mayor, Councillor Anderson, Councillors Kay, Ngai, Pettett and Spencer.

 

Against the Resolution:          Councillors Clarke, Greenfield and Kelly.

 

Councillors Smith and Szatow returned to the meeting after debate on Item GB.11 concluded.

 

 

29

St Ives Indoor Sports Centre - Heads of Agreement

 

File: S12712-3

Vide: GB.14

 

 

To update Council on the draft Heads of Agreement (HoA) with the Department of Education for the proposed joint use indoor sports centre at St Ives High School.

 

 

Motion:

 

(Moved: Councillors Smith/Greenfield)

 

That:

 

A.    Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement as discussed in the report and subsequent legal advice, and:

 

1.    Council resolve to endorse the Heads of Agreement;

2.    The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3.    Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid from asset sales).

 

B.   Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA) to be lodged before the end of the financial year.

 

AMENDMENT

 

(Moved: Councillor Kay)

 

A.       That Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement and:

 

1.      Council resolve to endorse the Heads of Agreement.

2.      The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3.      Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid from asset sales)

 

B.       That Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA)

 

C.       That Council immediately instructs its architects to prepare and lodge the DA for the project with the DA to be lodged no later than 1 June 2021.

 

D.       That Councillors be advised when the DA is lodged and that the Council staff do all things necessary to ensure that the planning approvals be obtained as soon as possible and  by no later than June 2022.

 

E.       That the Heads of Agreement be immediately executed and delivered upon by Council; including but not limited to proceeding forthwith to negotiate and enter into legally binding agreements as contemplated by the Heads of Agreement including:

 

1.       A Project Deed; and

2.       A licence Agreement

 

F.        That, until further resolution, a report to Council be made at each subsequent Council meeting of progress with respect to the finalisation of the above steps, and the progress of the project generally with Councillors be advised between Council meetings of the achievements of any milestones in the project.

 

G.       That Council staff at all times be cognisant that the retentions by Council of the $3.5m Office of Sport grant is dependent upon being able to demonstrate that Council has expeditiously executed the above steps and progressed construction of the project.

 

The above Amendment lapsed due to the absence of a seconder.

 

AMENDMENT:

 

(Moved: Councillors Ngai/Spencer)

 

A.      That Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement as discussed in the report and subsequent legal advice, and:

 

1.    Council resolves to endorse the Heads of Agreement;

2.    The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3.    Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid at least in part from asset sales).

 

B.     Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA) to be lodged before the end of the financial year.

 

Councillor Kelly left the meeting, due to technical difficulties, during debate and voting on the Amendment.

 

Procedural Motion:

 

(Moved: Councillor Clarke/ Szatow)

 

That the meeting be adjourned for 5 minutes.

 

CARRIED UNANIMOUSLY

 

The meeting resumed at resumed at 8:33pm.

 

The Amendment was put and declared LOST:

 

For the Resolution:                Councillor Ngai.

 

Against the Resolution:          The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Kay Pettett, Smith, Spencer and Szatow.

 

Debate recommenced on the Motion.

 

Councillor Kelly returned to the meeting during debate on the Motion below.

 

Resolved:

 

(Moved: Councillors Smith/Greenfield)

 

That:

 

A.    Council accept the risks, costs and benefits associated with the project and draft Heads of Agreement as discussed in the report and subsequent legal advice, and:

 

1.    Council resolve to endorse the Heads of Agreement;

2.    The budget for the project be increased by $2.2m from $17.4m to $19.6m; and

3.    Loan borrowing for the project be increased from $11.3m to $13.5m (to be repaid from asset sales).

 

B.   Council endorse the Concept Design (as presented and attached to this report) for documentation of a Development Application (DA) to be lodged before the end of the financial year.

 

For the Resolution:                The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Kay, Ngai, Pettett, Spencer, Smith and Szatow.

 

Against the Resolution:          Councillor Kelly.

 

 

Motions of which due Notice has been given

 

30

Amendment to the Outdoor dining policy

 

File: S11530/2

Vide: NM.1

 

 

Notice of Motion from Councillor Kelly dated 13 November 2020

 

After an internal review of the outdoor dining policy following a couple of incidents earlier this year, it was decided to temporarily suspend the requirement for businesses to subscribe to a permit for outdoor dining until council had reviewed, amended and adopted the policy, making it more suitable for the current circumstances.

 

Then COVID-19 enveloped us and there was the conflicting interests of keeping people socially distant with allowing enough business to pass through to allow a business to survive.  Maybe not prosper, but survive.

 

I took it upon myself to canvass a number of small business owners in the LGA and they were struggling.  Some that were originally geared for dine-in only business were struggling to adapt to a take-away business model.  Others had their own unique issues.  The last thing they needed was bureaucracy cutting them off at the knees.

 

The current outdoor dining policy is in dire need of review.  Fortunately, the Minister for Local Government has come to the rescue with a new initiative to assist in this process.

 

I, therefore, move that Council:

 

A. Apply to OLG for assistance in adopting the new paradigm and engage with the community to encourage more outdoor dining initiatives.

 

B. Suspend all outdoor dining fees and penalties until the end of the current financial year.

 

C. Expedite initiatives such as the St John’s Avenue “eat street” plan.

 

D. Work with OLG to review and update the current outdoor dining policy and return it to Council for adoption at least one month before the end of this financial year.

 

 

 

Resolved:

 

(Moved: Councillors Kelly/Spencer)

 

That the above Notice of Motion be withdrawn.

 

CARRIED UNANIMOUSLY

 

The Meeting closed at 8:55pm

 

The Minutes of the Ordinary Meeting of Council held on 16 February 2021 (Pages 1 - 21) were confirmed as a full and accurate record of proceedings on 16 March 2021.

 

 

 

 

 

          __________________________                                 __________________________

                   General Manager                                                         Mayor / Chairperson