Minute Ku-ring-gai Council Page
MINUTES OF Ordinary
Meeting of Council
HELD ON Tuesday, 14 August 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) Councillor 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) Manager Corporate Communications (Virginia Leafe) Manager Urban & Heritage Planning (Antony Fabbro) Management Consultant (Craig Calder) Manager Records & Governance (Amber Moloney) Minutes Secretary (Nala Redford) |
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.
No Interest was declared.
The following members of the public addressed Council on items not on the agenda:
Justin Woodcock Reconsideration of Pymble Heights Area C8 A
Greg Pisani Lanosa HCA
Steve McKenzie Lindfield Reference Committee
Richard Gurr Lanosa HCA
Derek Curtin Lanosa HCA
Stephen Sefton Lanosa HCA
Jay Guo Lanosa HCA
Georgia Sefton Lanosa HCA
Janet Harwood Continent in Crisis
Andrew Hill Lanosa HCA
Nicholas Olson Lanosa HCA
Chelsea Sefton Lanosa HCA
Vanessa Bransgrove Fern Walk
Nader Naderi Fern Walk
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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Councillor Agenda Information: |
GB.9 - Appointment of Representatives to Internal and External Committees and Organisations Memorandum from Manager Records & Governance dated 14 August 2018 providing information about Committees for the above item including attachments A1-A6.
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223 |
File: S10391 Vide: MM.1
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This Mayoral Minute is to seek Council support for the NSW Public Libraries Association and LGNSW advocacy campaign for additional funding for public libraries.
There has been a gradual but steady decline in the amount councils receive from the NSW Government for library funding, to the point where the gap between government support and council expenditure has reached crisis levels.
In 2015-2016 state funding for public libraries covered only 7.8% of the total costs of operating the 368 NSW libraries. NSW public libraries receive the lowest per capita funding from their state government compared with all other states in Australia. For example, Queensland public libraries receive 12% state government funding and Victoria 18%.
This is despite the fact that public library patronage continues to climb and diversify. In Ku-ring-gai, library use has increased exponentially in the last ten years, not just as a place to borrow books, but as an important community hub for education and other activities.
For example, attendance doubled from around 5,000 to 10,000 for children’s story telling, author talks, seminars and study help. Loans of library items now average over 900,000 every year.
Our libraries play an important part in non-English speaking residents’ lives. Ten years ago we had 1,562 members from 20 non-English language groups; we now we have 5,236 members from 53 non-English language groups.
Despite two reviews by the state government – one in 2011 and another in 2016 – nothing has been done about the steady decline in NSW public library funding.
The 2018-2019 NSW budget has delivered another blow, through a further 5% cut to operational funding and no infrastructure funding at all for metropolitan council libraries.
Ku-ring-gai Council has invested significantly in its libraries over the past decade, spending $7.75 million in capital expenditure and $3.95 million in annual operating costs to keep our libraries running to the standard our community expects.
Libraries play a major part in supporting the achievement of government literacy targets. They provide collections, programs and spaces for older people, multicultural communities, school students and people who are digitally disadvantaged.
The NSW Public Libraries Association has joined forces with the peak body representing councils, LGNSW, to establish a library funding advocacy initiative in the lead up to the 2019 state election.
The Renew Our Libraries strategy will be rolled out over the next 8 months, advocating on behalf of our communities to highlight that the network of 368 public libraries has reached a funding flashpoint and that without significantly increased and sustainable funding a reduction in services will be inevitable.
The success of this approach relies heavily on the support of NSW councils, their libraries and their communities. It should be noted that the following motion was unanimously endorsed at the Local Government NSW 2017 Conference:
That Local Government NSW works with the NSW Public Libraries Association (NSWPLA) to develop a strategic partnership to: a) increase public awareness of the multiple roles that Local Government Public Libraries play in supporting the educational, social, cultural and economic outcomes in local communities b) advocate, in the lead up to the March 2019 State election, for improved State Government funding for Local Government Public Libraries in NSW to enable public libraries to meet the growing needs of our local communities.
The NSW public library network is at serious risk. Neither this Council nor others can continue with the high degree of uncertainty about ongoing funding for public libraries from the state government. Nor can they continue meeting persistent shortfalls in funding.
Therefore I recommend that this Council supports the NSW Public Libraries Association and LGNSW campaign to reverse the ongoing deterioration of state funding for public libraries.
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A. That Council endorse the NSW Public Libraries Association and Local Government NSW library funding advocacy initiative, Renew Our Libraries.
B. That Council make representation to the local State Members Alister Henskens and Jonathan O'Dea on the need for additional funding from the NSW Government for public library services.
C. That Council write to the Hon. Don Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support for increasing state funding for NSW public libraries, supported by a sustainable future funding model.
D. That Council take a leading role in activating the campaign locally.
E. That Council endorse the distribution of NSW Public Libraries Association and Local Government NSW advocacy information in Council libraries, as well as involvement in any actions arising. Councillors will be provided with the material via memo.
F. That Council formally advise the NSW Public Libraries Association and Local Government NSW that Council has endorsed the library funding advocacy initiative.
CARRIED UNANIMOUSLY |
PETITIONS
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Local Government NSW Annual Conference 2018 - Registration and Voting Delegates
File: S02046/11 Vide: GB.5
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For Council to determine its voting delegates for the Local Government NSW Annual Conference 2018.
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(Moved: Councillors Clarke/Greenfield) That: A. The voting delegates for the Local Government NSW Annual Conference 20178 are the first seven (7) Councillors who advise the General Manager after the meeting they wish to be a voting delegate; and B. Any other Councillors interested in attending notify the General Manager by Monday 24 September 2018.
CARRIED UNANIMOUSLY |
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Investment Report as at 30 June 2018
File: S05273 Vide: GB.6
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To present Council’s investment portfolio performance for June 2018.
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(Moved: Councillors Clarke/Greenfield)
A. That the summary of investments and performance for June 2018 be received and noted. B. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.
CARRIED UNANIMOUSLY |
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Local Government NSW Annual Conference 2018 - Call for Motions
File: S02046/11 Vide: GB.7
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To advise Council of an invitation from Local Government NSW (LGNSW) to submit motions to the 2018 Local Government NSW Conference.
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(Moved: Councillors Clarke/Smith)
That:
A. Councillors provide any proposed motions for submission to the 2018 Local Government NSW to the General Manager by Wednesday, 29 August 2018; and B. A report providing details of any proposed motions be referred to Council at its meeting on 11 September 2018 for approval prior to submission to LGNSW.
CARRIED UNANIMOUSLY |
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18th International Cities, Town Centres and Communities Conference - ICTC 2018
File: CY00212/10 Vide: GB.8
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To inform Councillors of the 18th International Cities, Town Centres and Communities (ICTC) Conference being held in Freemantle, Western Australia on 14-16 November 2018.
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(Moved: Councillors Clarke/Greenfield)
That any Councillors wishing to attend the 18th International Cities, Town Centres and Communities Conference notify the General Manager by Tuesday 4th September 2018.
CARRIED UNANIMOUSLY |
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Planning Proposal - 169 -177 Mona Vale Road, St Ives
File: S11745 Vide: GB.11
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For Council to consider a Planning Proposal for 169‑177 Mona Vale Road, St Ives
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(Moved: Councillors Clarke/Anderson)
A. That the Planning Proposal for 169-177 Mona Vale Road, St Ives be sent to the Department of Planning and Environment for a Gateway Determination.
B. That prior to being sent for a Gateway Determination, the Planning Proposal be amended by the applicant as outlined in the body of this report.
C. That Council requests to be authorised as the local plan-making authority to exercise the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 for this Planning Proposal.
D. The upon receipt of a Gateway Determination, the Planning Proposal be placed on public exhibition in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.
E. That a report be brought back to Council at the conclusion of the exhibition period.
CARRIED UNANIMOUSLY |
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Letter of Support - Northern Suburbs Football Association (NSFA) - Greater Sydney Sports Facility Fund Application
File: S10508 Vide: GB.12
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To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.
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(Moved: Councillors Clarke/Greenfield)
A. That Ku-ring-gai Council provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund application (2018).
B. The Letter of Support clearly state Council’s support for the Greater Sydney Sports Facility Fund Program application (2018) only.
C. All other grant applications require a separate Letter of Support from Council.
CARRIED UNANIMOUSLY |
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RFT5-2018 Comenarra Playing Field Amenities Upgrades
File: RFT5-2018 Vide: GB.13
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To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Comenarra Playing Field and appoint the preferred tenderer.
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(Moved: Councillors Clarke/Smith)
A. That the Council decline to accept any of the tender submissions for RFT 05-2018 Comenarra Playing Field Amenities Upgrades at South Turramurra.
B. That the current budget be reallocated to Roseville Chase Oval amenity upgrade.
C. That the amenity upgrade at Comenarra Playing Field be re-listed as a priority when funding is available.
D. 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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RFT6-2018 George Christie Playing Field Amenities Upgrades
File: RFT6-2018 Vide: GB.14
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To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at George Christie Playing Field and appoint the preferred tenderer.
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(Moved: Councillors Clarke/Smith)
A. That Council decline to accept any of the tender submissions for RFT 06-2018 George Christie Playing Field amenities upgrades at Wahroonga.
B. That the current budget be reallocated to Roseville Chase Oval amenity upgrade.
C. That the amenity upgrade at George Christie Playing Field be re-listed as a priority when funding is available.
D. 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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RFT7-2018 Roseville Chase Amenities Upgrades
File: RFT7-2018 Vide: GB.15
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To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Roseville Chase Oval 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 RFT 07-2018 Roseville Chase Oval amenities upgrade.
B. That funds be reallocated from the amenity upgrades at Comenarra Playing Field and George Christie Playing Field to ensure a complete refurbishment of the Roseville Chase Oval amenity.
C. 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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Lindfield Village Hub - Technical Advisor Tender
File: RFT21-2018/R Vide: C.1
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In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(d)(i), of the Act, and should be dealt with in a part of the meeting closed to the public.
Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:
(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of Council, or (iii) reveal a trade secret.
This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.
It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.
Report by Director Corporate dated 2 August 2018. |
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(Moved: Councillors Clarke/Ngai)
A. That Council declines to accept any of the tender submissions RFT 21-2016 Technical Advisor Lindfield Village Hub
B. That fresh tenders not be called due to the cost, time and staff resources needed for the process. It is also unlikely that the process will elicit any new submissions.
C. That Council enter into negotiations with the three (3) existing tenderers.
D. That the General Manager be authorised to negotiate the terms of the contract at a price not higher than the highest tenderer identified in confidential attachment 1 of this report.
E. That the Mayor and General Manager be delegated authority to execute all contract documents on Councils behalf.
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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Review of Organisation Structure
File: S11992 Vide: C.2
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In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, 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 General Manager dated 18 July 2018.
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(Moved: Councillors Clarke/Kelly)
That Council adopt the organisation structure as shown in Attachment D.
CARRIED UNANIMOUSLY |
Standing Orders
were suspended to deal with items
where there are speakers first, after a
motion moved by Councillors Spencer and Kelly
was CARRIED UNANIMOUSLY
Councillor Spencer withdrew during discussion
Councillor Spencer returned
Councillor Greenfield withdrew during discussion
Councillor Smith withdrew during discussion
Councillor Greenfield returned
Councillor Smith returned
Councillor Clarke withdrew during discussion
Councillor Clarke returned
Councillor Spencer withdrew during discussion
Councillor Spencer returned
Councillor Szatow withdrew during discussion
Councillor Szatow returned
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Consideration of submissions on the draft West Pymble Conservation Area
File: S11437 Vide: GB.10
The following members of the public addressed Council on this item:
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For Council to consider the submissions received during the public exhibition of the Planning Proposal to include two new heritage conservation areas being West Pymble Conservation Area and an extension to Orinoco Conservation Area in the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC 2012).
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(Moved: Councillors Clarke/Spencer)
That the matter be deferred for a period of three months.
For the Motion: Councillors Ngai, Clarke, Spencer and Kelly
Against the Motion: The Mayor, Councillor Anderson, Councillors Pettett, 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 Ngai withdrew during discussion
Councillor Ngai returned
Motions of which due Notice has been given
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Establishment of the Gordon Public Realm Committee
File: S10376 Vide: NM.1
The following members of the public addressed Council on this item:
Elanor Duff Trish Simper
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Notice of Motion from Councillor Szatow dated 27 July 2018
Background
Gordon as the key local centre in Ku-ring-gai is growing and it is important to have representative community feedback and advice on the open space needs for this growing community. This will be even more important as Council moves to prepare a new local environmental plan to implement the North District Plan.
On 26 June 2018 Council considered an Officers Report on the establishment of a Gordon Public Realm Committee, however, no decision was taken in respect of this matter and it remains in abeyance. The terms of reference for the Gordon Public Realm Committee are set out below:
Terms of Reference - Gordon Public Realm Reference Committee
The Gordon Public Realm Reference Committee has the following terms of reference:
The primary purpose of this committee is to advise and provide input and feedback on the open space needs of the Gordon community, to assist Council in its understanding of localised open space issues and inform Council’s decision making relating to such matters of open space provision.
The tasks of the Committee are twofold:
· to facilitate an informed, co-ordinated discussion between Council and the community in relation to the planning of open space in the suburb of Gordon; · to review the current Gordon Town Centre Plans
Open space is defined as parkland with a minimum size of 3,000 sqm providing for the informal and passive recreational needs of the local community;
To add clarity to the definition of public realm, it is hereby defined as “the space around and between buildings that belong to and are accessible by everyone”. These can include municipal streets, lanes, squares, plazas, footpaths, parks, open spaces, as well as civic buildings.
The duties of the committee members are as follows:
· Work co-operatively with other members in achieving the aims of the committee; · contribute ideas and suggestions relating to items on the agenda; · provide advice and recommendations to Council on items relating to the agenda; · action and follow up tasks established by the committee.
This committee will have no approval powers – it has an advisory capacity only.
The committee may be dealing with confidential matters and members will be required to complete a disclosure of interests and conflict of interest deed poll.
Membership: The committee’s membership consists of:
· two (2) Councillors one of whom may be the Mayor; · no more than Four (4) Gordon resident representatives with a demonstrated knowledge and interest of the public realm.
Quorum: The quorum consists of a majority of the committee members, one of whom must be a Councillor.
Delegation: No delegation.
Meeting Frequency: Every Quarter or as determined by the Chairperson.
Voting: Recommendations are made by a majority vote of committee members.
Committee Term: A period up to a maximum of two (2) years. A committee term is completed at the end of the council term unless the committee is previously dissolved by council resolution.
Term of Membership: Councillors will be appointed as Chairperson and Deputy Chairperson to this committee by a resolution of Council for a 12 month period. The term of office for other committee members will be two (2) years. At the expiration of two (2) years, members will be eligible for extension or re-appointment, subject to referral to Council for its consideration and resolution.
Notwithstanding the above, committee membership will cease at the time of the Local Government Elections every four (4) years.
Community Members - Selection Criteria
To ensure the success of the committee, it is important that community members represent a broad cross-section of the community with local knowledge, a sound understanding of the objectives of the committee and the competing priorities they, as members, will need to address at any one time.
This is necessary in order to achieve agenda outcomes within specified timeframes. Furthermore, members should be able to demonstrate that they value working in a collaborative, supportive environment.
Local community representatives should demonstrate:
· that they are a resident of Gordon; · they have knowledge and awareness of the LGA and Gordon, particularly in relation to the public realm and open space; · skills in interpreting masterplans and urban design policies would be desirable; · an ability to represent and communicate the interests of the local community; · commit to attending the meetings and contributing constructively to the agenda items; and · be willing to adhere to Ku-ring-gai Council’s Council Advisory / Reference Committee Guidelines (and a code of conduct and operational procedures).
I propose that
A. Council adopts the Terms of Reference for the Gordon Public realm committee; B. A report be brought back to Council for the selection of the Four (4) Community Members.
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(Moved: Councillors Szatow/Kelly)
That the above Notice of Motion as printed be adopted.
For the Motion: Councillors Ngai, Pettett, Kelly and Szatow
Against the Motion: The Mayor, Councillor Anderson, Councillors Clarke, Spencer, Greenfield and Smith
No decision was taken in respect of the above matter as the Motion when put to the vote was LOST |
Standing Orders were
suspended to deal with item
GB.9 - Appointment of Representatives to Internal and External Committees and
Organisations, after a
motion moved by Councillors Clarke and Spencer
was CARRIED UNANIMOUSLY
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Appointment of Representatives to Internal and External Committees and Organisations
File: S03662 Vide: GB.9
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For Council to appoint representatives to replace former Councillor Citer on internal and external committees and organisations.
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(Moved: Councillors Ngai/Spencer) That: A. Council appoint Councillor Clarke as its delegate on the North Shore Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney; B. Council appoint Councillor Clarke as its delegate on the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn; C. Council appoint Councillor Clarke as its delegate on the Hornsby/Ku-ring-gai Bushfire Management Committee; D. Council appoint Councillor Clarke as its delegate on the Rural Fire Service District Liaison Committee; E. Council appoint Councillor Clarke as its representative on the Lindfield Village Hub Community Reference Committee; and F. The external committees and organisations be informed of Council’s nominated representatives.
For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer, Greenfield and Smith
Against the Resolution: Councillors Pettett, Kelly and Szatow |
Council resolved
itself into Closed Meeting
with the press and public excluded to deal with the following item
after a motion moved by Councillors Kelly and Clarke.
was CARRIED UNANIMOUSLY
Council resolved to return to Open
Council
after a motion moved by Councillors Clarke and Greenfield
was CARRIED UNANIMOUSLY
The Meeting closed at 10:34 PM
The Minutes of the Ordinary Meeting of Council held on 14 August 2018 (Pages 1 - 24) were confirmed as a full and accurate record of proceedings on 28 August 2018.
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General Manager Mayor / Chairperson