Minute                                           Ku-ring-gai Council                                               Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 28 July 2015

  

Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward)

 

 

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Acting Director Operations (Ian Taylor)

Manager Records & Governance (Matt Ryan)

Manager Corporate Communications (Virginia Leafe)

Team Leader Urban Design (Bill Royal)

Governance Officer (Christine Dunand)

Minutes Secretary (Sigrid Banzer)

 

 

The Meeting commenced at 7.00pm

 

The Mayor offered the Prayer

 

 

 

Apologies

 

File: S02194

 

NOTE:       That leave of absence for Councillor Cheryl Szatow be noted as leave has previously been granted, and that the Director Operations, Greg Piconi, tendered an apology for non-attendance.

 

 

 

DECLARATIONS OF INTEREST

 

The Mayor adverted to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

 

Council David Citer declared a less than significant non-pecuniary of interest in item GB.7 - [259-271 Pacific Highway Lindfield (Lindfield Library Site) – project update]. On 11 November 2014 I he made declaration of non-pecuniary Interest on an item which came to council that being Lindfield Library because he had resigned as Manager of KYDS (Ku-ring-gai Youth Development Service) on 31 October 2014, and it was in that two week time frame when that resolution came to Council.  Although it has now been 10 months since his resignation from KYDS he doesn’t feel he has a conflict of interest as far as his connection goes with the service, he has been contacted by two (2) board members of KYDS within the last 5 days regarding this business item so he felt that has impacted his impartiality in this matter and requested to leave the chamber when this item came to Council.

 

Councillor David Ossip made a couple of comments in respect of his relationship with KYDS (Ku-ring-gai Youth Development Service) he was, previously during 2013 Council’s representative on the KYDS board, that was purely a role bestowed upon him by council and he maintains no personal relationship with any KYDS board members nor has he been contacted in respect of this matter due before council tonight, therefore he had no conflict of interest and stayed in the chamber.

 

 

202

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

 

File: S02499/9

 

 

Resolved:

 

(Moved: Councillors Pettett/ Malicki)

 

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.2     Tender T04/2014 - Offsite Records Storage and Retrieval Services

Attachment A1:   Tender T04/2014 - Offsite Records Storage and Retrieval Services - Tender Evaluation Committee Report

Attachment A2:   Tender T04/2014 - Offsite Records Storage and Retrieval Services - Evaluation Worksheet - All Submissions

Attachment A3:   Tender T04/2014 - Offsite Records Storage and Retrieval Services - Short-listed Firms

 

GB.6     Tender T8-2015 - Howson oval Sportsfield Upgrade (Design and Construct)

Attachment A1:   List of Tenders received, financial considerations and Tender Evaluation Panel's comments

Attachment A2:   Tender Evaluation Panel's Score and recommendation

Attachment A3:   Corporate Scorecard Report - Tenderer 'A' - Financial and Performance Assessment

 

GB.7     259-271 Pacific Highway, Lindfield (Lindfield Library Site) - project update

Attachment A2:   JLL Lindfield Library Feasibility Study 15-07-15 FINAL

 

 

CARRIED UNANIMOUSLY

 

 

 

DOCUMENTS CIRCULATED TO COUNCILLORS

 

The Mayor adverted 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:

Memorandum from Director Operations dated 24 July 2015 regarding road naming of the road linking McIntyre Street to Dumaresq Street Gordon – Beans Farm Road.

 

 

CONFIRMATION OF MINUTEs

 

203

Minutes of Ordinary Meeting of Council

 

File: S02131

 

 

Meeting held 14 July 2015

Minutes numbered 182 to 201

 

 

Resolved:

 

(Moved: Councillors Malicki/McDonald)

 

That Minutes numbered 182 to 201 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting. With the exception of Part E of Minute number 196 of 14 July 2015 see minute number 212 of 28 July 2015.

 

CARRIED UNANIMOUSLY

 

 

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

 

204

Site Inspection, Canoon Road Netball Complex

 

File: S09042

Vide: NM.1

 

 

Notice of Motion from Councillor Malicki dated 16 July 2015

 

I move that a site inspection be conducted for all available Councillors with a staff member to the Canoon Road Netball Complex on Saturday 1st August.

 

This inspection is to be in the Council bus or a staff vehicle depending on the number of Councillors expected to attend, and a recording be made for those Councillors who are unable to attend on the day.

 

 

Resolved:

 

(Moved: Councillors Malicki/Armstrong)

 

That the above Notice of Motion as printed be adopted.

                                      

For the Resolution:                The Mayor, Councillor J Anderson, Councillors Citer, Pettett, Malicki, Ossip, Armstrong and Berlioz

 

Against the Resolution:         Councillors McDonald and Fornari-Orsmond

 

 

 

GENERAL BUSINESS

 

205

The Hornsby Ku-ring-gai Women's Shelter Annual Gala Dinner

 

File: S08654

Vide: GB.1

 

 

To advise Council of an invitation from the Hornsby Ku-ring-gai Women’s Shelter Inc. to purchase tickets for their Annual Gala Dinner on Saturday 15 August 2015.

 

 

Resolved:

 

(Moved: Councillors Malicki/ Berlioz)

 

A.       That Council purchase a table of 10 tickets for $650.00 for The Hornsby Ku-ring-gai Women’s Shelter Annual Gala Dinner on Saturday 15 August 2015.

 

B.       That any Councillors who would like to attend The Hornsby Ku-ring-gai Women’s Shelter Annual Gala Dinner advise the General Manager by Friday 31 July 2015.

 

CARRIED UNANIMOUSLY

 

 

206

Tender T04/2014 - Offsite Records Storage and Retrieval Services

 

File: S10123

Vide: GB.2

 

 

To consider the tenders received for the offsite storage and retrieval services for Council’s records.

 

 

Resolved:

 

(Moved: Councillors Malicki/ Berlioz)

 

That Council, in accordance with clause 178(3)(a) of the Local Government (General) Regulation 2005, declines to accept any of the tenders and cancels the proposal for the contract for offsite records storage and retrieval services.

 

CARRIED UNANIMOUSLY

 

 

 

207

Investment Report as at 30 June 2015

 

File: S05273

Vide: GB.3

 

 

To present Council’s investment portfolio performance for June 2015.

 

 

Resolved:

 

(Moved: Councillors Malicki/Pettett)

 

A.       That the summary of investments and performance for June 2015 be received and noted.

 

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

 

CARRIED UNANIMOUSLY

 

 

208

Local Government NSW Annual Conference 2015

 

File: S02046/8

Vide: GB.4

 

 

To advise Councillors that the Local Government NSW Annual Conference will be held from 11 – 13 October 2015 at Rosehill Gardens Racecourse (James Ruse Drive Rosehill)

 

 

Resolved:

 

(Moved: Councillors Malicki/Berlioz)

 

A.   That Councillors advise the General Manager by Friday, 31 July 2015 of identified issues, including appropriate solutions, that they would like to see raised for discussion at the 2015 Conference.

 

B.   That a further report be brought back to the Ordinary Meeting of Council to be held on Tuesday, 11 August 2015 for Council’s consideration, prior to the referral to Local Government NSW by the deadline.

 

CARRIED UNANIMOUSLY

 

 

209

Tender T8-2015 - Howson oval Sportsfield Upgrade (Design and Construct)

 

File: S10355

Vide: GB.6

 

 

To consider the tenders received for the Howson Oval Sportsfield Upgrade (Design and Construct), Howson Avenue, South Turramurra and appoint the preferred tenderer.

 

 

Resolved:

 

(Moved: Councillors Malicki/Pettett)

 

A.       That Council accept the tender submission from Tenderer ‘A’ to carry out the upgrade of Howson Oval, Howson Avenue, South Turramurra NSW 2074.

 

B.       That Council approve the balance of funds required to be transferred from Section 94 funds to the project.

 

C.       That the Mayor and General Manager be delegated authority to execute all tender documents on Council’s behalf in relation to the contract.

 

D.       That the Seal of Council be affixed to all necessary documents.

 

E.       That all tenderers be advised of Councils decision in accordance with Clause 178 of the Local Government Act and Tender Regulation.

 

CARRIED UNANIMOUSLY

 

 

210

Setting the Date for the Election of Mayor and Deputy Mayor - 2015/2016

 

File: S03662

Vide: GB.5

 

 

To give consideration to setting the date for the 2015/2016 election of the Mayor and Deputy Mayor.

 

 

Resolved:

 

(Moved: Councillors McDonald/Fornari-Orsmond)

 

That the 2015/2016 election of Mayor and Deputy Mayor be held at the Ordinary Meeting of Council on Tuesday, 15 September 2015.

 

CARRIED UNANIMOUSLY

 

 

Councillor David Citer declared a less than significant non-pecuniary Interest in

respect of the following item – GB.7  - 259-271 Pacific Highway Lindfield

(Lindfield Library Site)  - project update] and withdrew

from the Chamber taking no part in discussion

 and voting on the item

 

211

259-271 Pacific Highway, Lindfield (Lindfield Library Site) - project update

 

File: S10468

Vide: GB.7

 

 

To update Council on the progress of planning for the site and the land reclassification process and present a recommendation for a preferred option for the potential redevelopment of the existing Lindfield library precinct at 259-271 Pacific Highway, Lindfield.

 

 

Resolved:

 

(Moved: Councillors Anderson/Pettett)

 

A.   That Council adopts for the site at 259-271 Pacific Highway, Lindfield:

 

b)  Built Form Option 3 with an FSR of 2.0:1 and a building height of between 4-7 storeys

 

B.   That Council proceed to prepare an illustrated concept design of the selected option for public exhibition in conjunction with the reclassification exhibition.

 

C.   That the existing Planning Proposal applying to the site be varied in accordance with section 58 of the EP&A Act as follows:

 

b)   To facilitate built form Option 3 by:

 

-     Zoning of the site changed from Zone B2 Local Centre to Zone R4 high Density Residential

-     Maximum building height increased from 17.5metres to 23.5 metres

-     Office and business premises included as addition permitted uses under Schedule 1 of KLEP (Local Centres) 2012

 

For the Resolution:                Councillors Anderson, McDonald, Fornari-Orsmond, Ossip, Pettett and Malicki

 

Against the Resolution:         Councillors Berlioz/ Armstrong

 

The above Resolution was CARRIED as an Amendment to the Original Motion.  The Original Motion was:

 

(Moved: Councillors Berlioz/Armstrong)

 

A.      Council adopts for the site at 259-271 Pacific Highway, Lindfield:

 

a)       Built Form Option 2 with an FSR of 1.8:1, a building heights between 4-6 storeys

 

B.      That Council proceed to prepare an illustrated concept design of the selected option for public exhibition in conjunction with the reclassification exhibition.

 

C.      That the existing Planning Proposal applying to the site be varied in accordance with section 58 of the EP&A Act as follows:

 

a)       To facilitate built form Option 2 by:

-    Zoning of the site changed from Zone B2 Local Centre to Zone R4 high Density Residential

-    Maximum building height increased from 17.5 metres to 20.5 metres

-    Maximum FSR decreased from 2.0:1 to 1.8:1

-    Office and business premises included as addition permitted uses under Schedule 1 of KLEP (Local Centres) 2012

 

 

Councillor Citer returned

 

Motions of which due Notice has been given (Cont..)

 

212

33 Grandview Street, Pymble - Part E of Minute 196 from the Ordinary Meeting of Council 14 July 2015

 

File: S10098

Vide: NM.2

 

 

Notice of Rescission from Councillors Berlioz, Citer and Malicki dated 17 July 2015

 

We move Rescission of 33 Grandview Street from Part E of Minute 196 from the Ordinary Meeting of Council 14 July 2015 namely:

 

E.   That Council defers any decision in regards to 6 Caithness Street and 33 Grandview Street for a Council briefing from a Heritage expert.

 

 

Resolved:

 

(Moved: Councillors Berlioz/Citer)

 

That Part E of Minute 196 from the Ordinary Meeting of Council 14 July 2015 be amended to read:

 

E.   That Council defers any decision in regards to 6 Caithness Street and 51 Warrangi Street for a Council briefing from a Heritage expert.

 

CARRIED UNANIMOUSLY

 

 

QUESTIONS WITHOUT NOTICE

 

213

Update on Community Consultations for Marian Street Theatre

 

File: S10095/2

Vide: QN.1

 

 

Question Without Notice from Councillor David Citer.

 

Could Director Bevan please advise on the current position and timetable of the two community consultations that took place in May this year for the Marian Street Theatre.

The first being by Straight Talk, and the second being by Root Projects. I understand that the Straight Talk Report was due to be delivered to Council in June and to be discussed in August, is that actually still the current plan?

 

Answer by Director Community

 

Director Bevan advised that there is a briefing scheduled for Councillors on 4 August 2015.

 

 

 

214

Letter from Mayor or Lane Cove regarding Joint Regional Authority

 

File: S09638

Vide: QN.2

 

 

Question Without Notice from Councillor David Ossip

 

This afternoon I received a copy of a letter that was from the Mayor of Lane Cove to the Mayor of Ku-ring-gai Council – Councillor Anderson, formerly extending an invitation to our Council to participate in the Joint Regional Authority which is currently being proposed by Lane Cove Council, together with City of Ryde and Hunters Hill councils.

Would it be possible to receive a briefing from Council staff on this proposal?

 

Answer by General Manager

 

The General Manager advised he had discussed this matter with the Mayor this afternoon and the plan of attack at the moment is to provide a hard copy of the letter to all Councillors, and after all Councillors have read the letter a briefing can be called if required.

 

 

 

 

 

 

 

215

Rehabilitation of Council Carparks associated with Neighbourhood Centre Upgrades

 

File: S08023/7

Vide: QN.3

 

 

Question Without Notice from Councillor Christiane Berlioz.

 

Can any funding be allocated from the Operations Road Budget to the rehabilitation of Council carparks associated with neighbourhood centre upgrades in the next Quarterly Budget Review process?

 

Answered by Acting Director Operations

 

I will take that question on notice and report back to Council.

 

 

216

Meeting of Metropolitan Mayors Group

 

File: CY00456/2

Vide: QN.4

 

 

Question Without Notice from Councillor Elaine Malicki.

 

The President of Local Government NSW held a meeting of Metropolitan Mayors last week, where amalgamation was an important discussion topic. Did we have an attendee and if so can we have notes of the meeting?

 

Answered by Mayor and General Manager

 

The Mayor, Councillor Jennifer Anderson, advised she had discussed Metro Mayors with the General Manager because she had also received a letter from Mayor Townsend at Pittwater Council trying to encourage Councils that are not members of the Metro Mayors Group to consider joining it.

 

The Mayor advised that both she and the General Manager have a recollection that it did come to Council quite a long time ago and this Council resolved not to be a member of the group and as such she has not been attending any Metro Mayors meetings.

 

The General Manager advised he would ask the Manager Records and Governance to check the record, but he has a distinct recollection when this was first setup through Canterbury Council or Bankstown Council and a report was put to Council, Council actually resolved not to be part of that group, but will double check and will provide an answer on 29 July 2015.

 

 

 

 

 

 

 

217

Copy of Signed Agreement with Ku-ring-gai Netball Association, Local Residents and Council

 

File: S06604/2

Vide: QN.5

 

 

Question Without Notice from Councillor Elaine Malicki

 

Can Councillors get a copy of the agreement signed by the KNA (Ku-ring-gai Netball Association), local residents and Council some time ago please?

 

Answered by Director Strategy and Environment

 

Director Strategy and Environment advised that the agreement is an attachment to the current Plan of Management which is on council’s website, so it is currently a publicly available document but will also circulate a copy separately to all Councillors.

 

 

 

218

State Funding for Arts and Culture

 

File: FY00429/7

Vide: QN.6

 

 

Question Without Notice from Councillor D Citer.

 

I recently read that the State Government has significant funds available for Arts and Culture in the form of grants. Is Ku-ring-gai Council doing anything to requests State Government funds for Arts and Cultural facilities in Ku-ring-gai?

 

Answered by Director Community

 

Director Community advised council is always looking for extra money, and if it comes through grant funding it is very welcome. She also advised that Council does have staff constantly looking for that sort of thing as well.

 

The Director advised she would further like to discuss the details with Councillor Citer.

 

 

 

219

Traffic Management Issues in St Ives

 

File: TM9/07

Vide: QN.7

 

 

Question Without Notice from Councillor D Ossip.

 

Earlier this year I moved a motion concerning traffic management in St Ives. I am wondering if there is any update on the report that was to be brought back to Council reflecting the current traffic flows in St Ives.

 

Answered by Acting Director Operations

 

I will take that question on notice and report back. I am not aware of any updates at the moment.

 

 

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

 

An Inspections Committee will take place to view the following property:

 

Canoon Road Netball Complex

 

The inspection will take place on Saturday 1 August and Councillors will be advised of the time of the Inspections Committee and transport options.

 

 

The Meeting closed at 7.55pm

 

 

The Minutes of the Ordinary Meeting of Council held on 28 July 2015 (Pages 1 - 12) were confirmed as a full and accurate record of proceedings on 11 August 2015.

 

 

 

 

 

          __________________________                                 __________________________

                   General Manager                                                         Mayor / Chairperson