Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 13 March 2018
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Present: |
The Mayor, Councillor J Anderson (Chairperson) Councillors J Pettett & C Clarke (Comenarra Ward) Councillor C Szatow (Gordon Ward) Councillors S Ngai (Roseville Ward) Councillors D Citer & M Smith (St Ives Ward) Councillors D Greenfield & C Spencer (Wahroonga Ward) |
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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) Manager Corporate Communications (Virginia Leafe) Manager Records and Governance (Amber Moloney) Minutes Secretary (Christine Dunand) |
The Meeting commenced at 7:00 pm
The Mayor offered the Prayer
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File: S02194
Councillor Kelly tendered an apology for non-attendance (conference) and requested leave of absence.
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(Moved: Councillors Spencer/Greenfield)
That the apology for Councillor Kelly be accepted and leave of absence granted.
CARRIED UNANIMOUSLY |
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.
Cr Citer declared a less than significant non-pecuniary conflict of interest in respect to item GB.4 The Novus Foundation Gala Dinner. Cr Citer advised he is a member of the Local Advisory Committee for Streetwork, and that the position would not impair his judgement on voting on this item, he remained in the Chamber during the debate.
The following member(s) of the public addressed Council on items not on the agenda:
Philip Drew (Bunnings Group) Bunnings at Pymble
CONFIRMATION OF MINUTEs
PETITIONS
GENERAL BUSINESS
Standing Orders were suspended to deal with items
where there are speakers first, after a
motion was moved by Councillors Clarke and Szatow
was CARRIED UNANIMOUSLY
Councillor Ngai withdrew during discussion
Councillor Ngai returned
Councillor Spencer withdrew during discussion
Councillor Spencer returned
Councillor Smith withdrew during discussion
Councillor Smith returned
Councillor Ngai withdrew during discussion
Councillor Ngai returned
Motions of which due Notice has been given
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Amendment to Plan of Management for the Canoon Road Recreation Area
File: S09042 Vide: NM.3
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Notice of Motion from Councillor Pettett dated 2 March 2018
Arbitrary changes to the operating of hours to the Canoon Road Recreation area without proper consultation with relevant stakeholders and residents and without proper analysis of the impacts of such changes has exacerbated the conflict between residents and netballers.
I move,
1. That there be no further progress on possible night lighting of the netball courts at Canoon Road be undertaken until the following has occurred.
Council receives a report which includes the following: A. The recent consultation on a proposal to change Action Plan 39 of the plan of management B. The report required previously on the issues raised by the consultative committee. C. The traffic study prepared in 2017 for the Consultative Committee plus a supplementary detailed traffic study which considers all the scenarios which have been put forward to date and which gives recommendations for council’s consideration. D. An environmental report evaluating the potential impact of night lighting on fauna in the vicinity of the netball courts, in particular on the powerful owl. Recommendations for Council’s consideration. E. An acoustic report evaluating the potential noise impacts of night training and night games on local residents, including noise of whistles, gongs, sirens, PA, traffic etc. F. A comprehensive list of all night lit courts currently used for netball training and any courts with potential to be used. A list of alternative locations for relocating one age group for Saturday games preferably a group of courts that can accommodate the entire age group. 2. That following receipt of this comprehensive report council will make a responsible, informed decision on whether to allow night lighting at Canoon which it can justify to local residents as well as the netballers.
The following members of the public addressed Council on this item:
Nick Roberts Phyllis Cohen Jill Green (on behalf of STEP) Julia Gretton-Roberts |
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(Moved: Councillors Pettett/Szatow)
That the above Notice of Motion as amended be adopted.
For the Resolution: Councillors Pettett, Spencer, Greenfield, Smith and Szatow
Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke and Citer |
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Nominations for independent hearing and assessment panel (IHAP) community representatives
File: S11736 Vide: NM.1
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Notice of Rescission from Councillors Spencer, Ngai and Citer dated 27 February 2018
At the Council meeting of 12 December 2017, Council resolved to establish a stand-alone Independent Hearing and Assessment Panel (IHAP) for Ku-ring-gai and affirmed the recommendations of the General Manager’s selection panel to appoint a pool of four community representatives to the Ku-ring-gai IHAP for a term of up to 3 years.
The intention at the time was for this pool of four community representatives to individually take turns participating in IHAP meetings, as the State Government requirement is for each IHAP meeting to only involve one community member. As a result, each community representative from the pool would have approximately a 25% chance of participating in any particular IHAP meeting.
As for the pool of four community representatives, the General Manager’s selection panel had recommended four people in this order of preference (names removed):
1. A Comenarra Ward candidate
2. A Gordon Ward candidate
3. A Wahroonga Ward candidate
4. A second Comenarra Ward candidate
The unfortunate consequence of this distribution of community representatives is that the Roseville and St Ives Wards have 0% community representation by people who live and breathe their own ward, whilst the Comenarra Ward receives a disproportionate 50% chance of community representation by people of their ward. In other words, the people of Roseville and St Ives Ward are disadvantaged by this unfair distribution.
This current distribution also runs contrary to the advice provided by the NSW Department of Planning and Environment (Fact Sheet: What is an Independent Hearing and Assessment Panel, Attachment A1) where it states that:
Councils are encouraged to have a pool of community representatives for the IHAP, to ensure ward representation and that there is always a quorum for each meeting.
A fair distribution would involve a pool of five (not four) community representatives, one from each Ku-ring-gai ward, and where each DA has an equal chance of deliberation by a community representative from its own ward.
We, the undersigned Councillors, move that the following
decisions from GB15 of the meeting of
B. That Council affirms the recommendations of the General Manager’s selection panel and appoints community representatives to the Ku-ring-gai IHAP for a term of up to 3 years.
C. That Council notifies the Minister for Planning and Environment and all the candidates of its decision.
If the Rescission Motion is successful, we then move:
A. That Council appoints a pool of five community representatives to the Ku-ring-gai IHAP, one from each Ku-ring-gai ward, for a term of up to 3 years.
B. That the top candidates for the Comenarra Ward (Frank Ko), Gordon Ward (Peter Thornton), and Wahroonga Ward (Suzanne Jolly) from the General Manager’s selection panel be retained in the new pool of five community representatives.
C. That the General Manager’s selection panel provides its recommendation for the top Roseville Ward and St Ives Ward candidates, based on those who had previously been nominated.
D. That the General Manager’s selection panel also provides the nomination form, cover letter, and resume for all of the other candidates from each of the Roseville and St Ives Wards.
E. That based on the above information, the councillors will discuss and appoint the Roseville and St Ives Ward community representatives.
F. That Council notifies the Minister for Planning and Environment and all the candidates of its revised decision.
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(Moved: Councillors Ngai/Spencer)
That the above Notice of Rescission as printed be adopted.
For the Resolution: Councillors Ngai, Spencer and Citer
Against the Resolution: The Mayor, Councillor Anderson, Councillors Pettett, Clarke, Greenfield, Smith and Szatow
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST
Councillor Szatow moved a Procedural Motion asking the
Mayor to seek a vote on the matter as there had been 2 speakers For and 2
Against. For the Motion: The Mayor, Councillor Anderson, Councillors Pettett, Clarke, Spencer, Greenfield, Citer, Smith and Szatow
Against the Motion: Councillor Ngai
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Councillor Clarke withdrew during discussion
Councillor Clarke returned
Councillor Pettett withdrew during discussion
Councillor Pettett returned
Councillor Ngai withdrew during discussion
Councillor Ngai returned
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File: CY00546/2 Vide: NM.4
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Notice of Motion from Councillor Pettett dated 2 March 2018
The Ku-ring-gai Finance Committee was formed in October 2017 and has had two meetings scheduled since its inception. The first meeting lasted eight minutes with ten staff present and the second meeting did not proceed due to a lack of quorum. The Finance Committee has reported on the same items that have and will continue to be reported at an Ordinary Meeting of Council.
In order to stop the duplication of reporting I move:
That the Ku-ring-gai Finance Committee be disbanded immediately
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(Moved: Councillors Pettett/Szatow)
That the above Notice of Motion as printed be adopted.
For the Resolution: Councillors Pettett, Spencer, Citer and Szatow
Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Greenfield and Smith
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST |
Councillor Greenfield withdrew during discussion
Councillor Greenfield returned
QUESTIONS WITHOUT NOTICE
The Meeting closed at 9.46 pm
The Minutes of the Ordinary Meeting of Council held on 13 March 2018 (Pages 1 - 13) were confirmed as a full and accurate record of proceedings on 27 March 2018.
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General Manager Mayor / Chairperson