Minute Ku-ring-gai Council Page
MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 10 April 2018
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Present: |
The Mayor, Councillor J Anderson (Chairperson) Councillors J Pettett & C Clarke (Comenarra Ward) Councillors C Szatow & P Kelly (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) Corporate Lawyer (Jamie Taylor) Acting Manager Corporate Communications (Sally Williams) Manager Records and Governance (Amber Moloney) Minutes Secretary (Christine Dunand) |
The Meeting commenced at 7:00 pm
The Mayor offered the Prayer
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.
Councillor Ngai declared he is an employee of Origin Energy and he may have a less than significant non pecuniary conflict of interest in item GB.9 GM Delegation for acceptance of RFT – Retail Electricity and Renewable Energy PPA and would remain in the Chamber during the debate.
General Manager declared staff conflicts of interest in item C.1 General Manager’s Performance Review – Proposal for Review Facilitation, all staff would leave the Chamber during the debate.
The following members of the public addressed Council on items not on the agenda:
Janet Harwood Local Government in Australia
John Townend Save Marian Street Theatre
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:
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Late Items: |
MM.1 - Councillors Consultative Finance Forum - Report by Mayor Jennifer Anderson dated 10 April 2018 GB.9 - GM delegation for acceptance of RFT - Retail Electricity and Renewable Energy PPA - Report by Director Strategy & Environment dated 29 March 2018 GB.10 - Proposed lease of Community Classified Land |
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Memorandums: |
Refer QWN 27 February 2018 Minute number 43 - Question without Notice from Councillor Spencer – Financial Management of Ovals in Ku-ring-gai Memorandum from Director Operations dated 26 March 2018 detailing the financial management of ovals in Ku-ring-gai.
Refer QWN 27 March 2018 Minute number 73 - Question without Notice from Councillor Ngai – Introducing a Kerb Ramp at Kochia Lane Memorandum from Director Operations dated 6 April 2018 advising the installation of two (2) kerb ramps in Kochia Lane.
Refer QWN 27 March 2018 Minute number 72 - Question without Notice from Councillor Greenfield – Tree on the corner of Ada Avenue and Pacific Highway Wahroonga Memorandum from Director Operations dated 6 April 2018 advising the tree has been inspected and that it forms part of a significant avenue of similar trees and is part of a Heritage Conservation Area (HCA).
Refer OMC 10 April 2018 – GB.2 Major Projects Governance, Resourcing and Financing Memorandum from General Manager dated 10 April 2018 with an additional Recommendation ‘That the Charter for the Councillors Major Projects Consultation Forum include the provision that the Chair is the Mayor and in the absence of the Mayor, the Deputy Mayor will act at Chair.’ |
PETITIONS
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File: S11390 Vide: PT.1
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“We, the undersigned, request no reclassification of 9, 15, 17 Dumaresq Street Gordon till such time as there is a complete Green Space plan for Gordon. (Four hundred and thirty five [435] signatures)”
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(Moved: Councillors Szatow/Citer)
That the petition be received and referred to the appropriate Officer of Council for attention.
CARRIED UNANIMOUSLY |
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Code of Conduct - NSROC Panel of Conduct Reviewers
File: S08447 Vide: GB.1
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For Council to establish a panel of conduct reviewers in accordance with the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW.
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(Moved: Councillors Clarke/Smith)
A. That Council receive and note the Report; and
B. Endorse the recommended NSROC Regional Panel of Conduct Reviewers as outlined in Attachment A2 to this Report.
CARRIED UNANIMOUSLY |
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Public exhibition submissions - Proposed Closure of a Portion of Public Road - Balfour Lane Lindfield
File: 88/06274/01 Vide: GB.6
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To update Council on submissions received on the proposed closure of a portion of the public road Balfour Lane Lindfield in order to progress the road closure. |
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(Moved: Councillors Clarke/Kelly)
A. That Council acknowledges the submissions relevant to the closure and relocation of the public road and submits a formal road closure application for a portion of Balfour Lane, Lindfield, to the Department of Primary Industry – Lands & Water.
B. That Council in order to avoid any uncertainty of the status of Balfour Lane and before dedicating land as a public road under Section 16 Roads Act ,1993, gives 28 days’ notice of its intention to do so to be served on the owner of the land.
C. That Council formally gazettes the land marked as “Lane 30 feet wide” in DP4915 as public road in accordance with Section 16 Roads Act 1993.
D. That upon closure and issuance of the Certificate of Title for a portion of Balfour Lane, Lindfield, the land be classified as Operational Land free of encumbrances.
E. That in the event the proposed legislative changes to the Roads Acts ,1993 become protracted a further report will be submitted to Council to consider the compulsory acquisition of Balfour Lane, Lindfield in order to deliver Council’s strategic planning objectives for Precinct L1 Balfour Street Retail Centre as contained in the Ku-ring-gai Local Centres Development Control Plan.
CARRIED UNANIMOUSLY |
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Havilah Lane Lindfield - offer to enter into a VPA to dedicate land for laneway widening
File: S11436 Vide: GB.7
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To advise Council of the formal receipt of a letter of offer for the dedication of land in Havilah Lane for the purposes of laneway widening and future public domain improvements.
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(Moved: Councillors Clarke/Greenfield)
A. That the receipt of a formal offer to enter into a VPA from the development at 51, 55 and 55A Lindfield Avenue Lindfield and backing on to Havilah Lane in Lindfield be noted and delegation be granted to the General Manager or his nominee to progress the matter in line with Council’s adopted strategic planning documents until it is ready for reporting for exhibition.
B. That Council endorses staff undertaking an active role to facilitate the dedication of land for road widening along laneways identified in Council’s adopted Strategic Planning documents including the Ku-ring-gai Development Control Plan, the Ku-ring-gai Public Domain Plan 2010 and/or the Ku-ring-gai- Contributions Plan 2010 ahead of formal notifications of offers to enter into Voluntary Planning Agreements as part of the core administrative function of implementing Council’s adopted strategies.
CARRIED UNANIMOUSLY |
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Tender RFT04-2018 - Primula Oval Sportsfield Lighting Upgrade
File: S11385 Vide: GB.8
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To consider the tenders received for the refurbishment of Primula Oval Sportsfield lighting and appoint the preferred tenderer.
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(Moved: Councillors Clarke/Greenfield)
A. That Council decline to accept any of the tender submissions for RFT04-2018 Design Construct Sportsfield Lighting – Primula Oval, Corner of Highfield Road and Primula Street, Lindfield NSW 2070.
B. That fresh tender not be called due to the cost, time and staff resources needed for the process, as it is unlikely to elicit any new submissions, and may result in less submissions than has been previously received.
C. That Council enter into negotiations with the three (3) tenderers ‘A’ to ‘C’ as identified in the Confidential Summary.
D. That the General Manager be authorised to negotiate the terms of the contract contemplated in “C” above.
E. That the Major and General Manager be delegated authority to execute all tender documents on Council behalf in relation to the contract.
F. That the Seal of Council be affixed to all necessary documents.
G. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.
CARRIED UNANIMOUSLY |
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GM delegation for acceptance of RFT - Retail Electricity and Renewable Energy PPA
File: RFT18-2017 Vide: GB.9
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That Council delegates responsibility for the acceptance of the renewable and “regular grid energy” components of an electricity supply contract to the General Manager, following review by Council’s internal Energy Management Working Group, to ensure Council’s requirements have been met.
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(Moved: Councillors Clarke/Greenfield)
That Council delegates responsibility for the acceptance of the renewable and ‘regular grid energy” components of an electricity supply contract to the General Manager, following review by Council’s internal Energy Management Working Group, to ensure Council’s requirements have been met.
CARRIED UNANIMOUSLY |
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Proposed lease of Community Classified Land Suite 1, 12-18 Tryon Road, Lindfield
File: S07252/9 Vide: GB.10
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To seek Council approval to lease the commercial space at Suite 1, 12-18 Tryon Road, Lindfield (Lot 1 SP37466) for a maximum term of five years.
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(Moved: Councillors Clarke/Greenfield)
A. That Council approves the public notification of the proposal to enter into a lease agreement of Suite 1, 12-18 Tryon Road, Lindfield (Lot 1 SP37466) for a period up to five years.
B. That Council authorises the General Manager and/or his delegate to negotiate the future lease terms to protect Council’s interest.
C. That Council authorises the Mayor and General Manager to execute all documentation associated with the future leasing of the property.
D. That Council authorises the Seal of Council to be placed on all necessary documentation.
E. That public notification of the proposal to enter into a lease is undertaken in accordance with Section 47A of the Local Government Act, 1993.
F. That in the event objections are received a further report be submitted to Council.
CARRIED UNANIMOUSLY |
Standing Orders
were suspended to deal with items
where there are speakers first, after a
motion moved by Councillors Clarke and Smith
was CARRIED UNANIMOUSLY
Councillor Spencer withdrew during discussion
Councillor Greenfield withdrew during discussion
Councillor Spencer returned
Councillor Greenfield returned
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Gordon Town Centre Plans
File: S10376 Vide: NM.1
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Notice of Motion from Councillors Szatow and Citer dated 29 March 2018
Residents are very concerned about the lack of green space in Gordon – for health and environmental reasons.
In view of this and the fact that at the OMC of 3rd March, Council resolved to institute a Gordon Public Realm Reference Committee,
We move:
That all plans for development of the area bounded by the Section 94 blocks bought by Council for green space 9, 15 and 17 Dumaresq St, Radford Place, the Council carparks and the Council owned properties at 818 and 828 Pacific Highway be put on hold until the Gordon Public Realm Reference Committee has reviewed the current Gordon Town Centre Plans in their entirety and Councillors have had a chance to examine afresh the plans and the Committee’s recommendations.
The following members of the public addressed Council on this matter:
Trish Simper Sandra Van Der Water Jennifer Baker
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(Moved: Councillors Szatow/Citer)
That the above Notice of Motion as printed be adopted.
For the Resolution: Councillors Ngai, Pettett, Spencer, Citer, Kelly and Szatow
Against the Resolution: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield and Smith
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Councillor Pettett withdrew during discussion
Councillor Szatow withdrew during discussion
Councillor Pettett returned
Councillor Szatow returned
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Major Projects Governance, Resourcing and Financing
File: S11906 Vide: GB.2
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To provide Council with the findings of a review of the governance, resourcing and financial parameters for Council’s major projects.
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(Moved: Councillors Ngai/Citer)
A. That Council establish a Councillors Major Projects Consultation Forum and adopt the Charter attached to this report. B. That Council establish a Major Projects Advisory Committee and adopt the Charter attached to this report. C. That the following change be made to the draft Property Development and Investment Policy. The words “Sale proceeds of Strategic Surplus Properties are to be allocated to the Property Development Reserve unless otherwise committed in Council’s long Term Financial Plan” will be replaced with “The allocation of Sale Proceeds of Strategic Surplus Properties is to be determined by council resolution as part of the sale process for each property, with the default position of 100% going towards the Property Development Reserve”. D. That the draft Property Development and Investment Policy be placed on public exhibition for 28 days and subsequently be reported back to Council. E. That Council note that an internal Major Projects Steering Committee has been established by the General Manager. F. That Council note the proposed staffing structure of the Major Projects Group. G. That Council endorse the increased allocation of funding from s94 developer contributions for major projects as required to resource the proposed staff and committee structure and progress the developments. H. That council thanks Craig Calder for his contribution in starting the Major Projects initiative, and for his role thus far as the Acting Head of Major Projects. I. That the recruitment of a permanent Head of Major Projects will commence before the end of this Financial Year. For reference, Councillors should confidentially be provided with the CV’s and other application material of the top five candidates. J. That the Charter for the Councillors Major Projects Consultation Forum include the provision that the Chair is the Mayor and in the absence of the Mayor, the Deputy Mayor will act at Chair.
CARRIED UNANIMOUSLY |
BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS
A Motion moved by
Councillor Greenfield
to have the matter dealt with at the meeting
and was CARRIED
The Mayor ruled Urgency
and the matter was dealt with
Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors Clarke and Greenfield
was CARRIED UNANIMOUSLY
Council resolved
to return to Open Council
after a Motion moved by Councillors Clarke and Greenfield
was CARRIED UNANIMOUSLY
The Mayor adverted to the consideration of the matter referred to in the Minute numbered 95, and to the resolution contained in such Minute.
The Meeting closed at 9:45pm
The Minutes of the Ordinary Meeting of Council held on 10 April 2018 (Pages 1 - 20) were confirmed as a full and accurate record of proceedings on 8 May 2018.
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General Manager Mayor / Chairperson