Minutes of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 20 June 2023

Present:	The Mayor, Councillor J Pettett (Chairperson) Councillor G Taylor (Comenarra Ward) Councillors S Lennon & B Ward (Gordon Ward) Councillors S Ngai & A Taylor (Roseville Ward) Councillor M Smith (St Ives Ward) Councillor C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:	General Manager (John McKee) Director Community (Janice Bevan) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Corporate Lawyer (Jamie Taylor) Manager Corporate Communications (Virginia Leafe) Manager Finance (Angela Apostol) Manager Governance and Corporate Strategy (Christopher M Jones) Governance Support Officer (Nicole Kratochvil)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer

Apologies

File: S02194

Councillor Spencer advised of an apology from Councillor Kay due to illness.

Resolved:

(Moved: Councillors Spencer/Wheatley)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

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.

No Interest was declared.

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:

Late Items:

GB.15 Post Exhibition - Revised Resourcing Strategy 2023-2033, Revised Delivery Program 2022-2026 and Operational Plan 2023-2024

GB.16 RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre
KFAC 50M Pool refurbishment

Memorandums:

GB.2   Memo to Councillors and Directors from Manager
            Corporate Communications dated 20 June 2023 Re:
            Draft Social Media Policy amendments

GB.12 Memo to Mayor, Councillors, GM, Directors and
            Governance from Director Strategy & Environment
            dated 20 June 2023 Re: Ku-ring-gai DCP Housekeeping
            Review

GB.15 Members Petition - North Turramurra Golf Course (55
signatures received)

NM.1 Petition - Support the NTRA Development for Enhanced
            Recreation Facilities and Community Engagement - The
            Northern Suburbs Football Association (NSFA) is
            seeking support for the North Turramurra Recreation
            Area (NTRA) Development, a vital initiative to improve
            recreational amenities and foster community
            engagement (2354 names including 115 comments
            received)

CONFIRMATION OF ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING File:

File: S02499/9

Resolved:

(Moved: Councillors Spencer/Smith)

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports and attachments be released to the press and public with the exception of:

GB.4 Councillor Interaction with Staff and Access to
Information Policy

In accordance with 10A(2)(f):

Attachment 2: Draft Councillor Interaction with Staff and Access to
Information Policy

GB.11 Reclassification Planning Proposal 261 Mona Vale Rd,
St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy,
Pymble

In accordance with 10A(2)(c)(d)(i):

Attachment 3: Financial Considerations and Permitted Uses - Town Hall and
Presbytery 1186-1188 Pacific Hwy, Pymble

GB.16 RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre
KFAC 50M Pool refurbishment

In accordance with 10A(2)(d)(i):

Attachment 1: RFT4-2023 - List of Submitters

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

Attachment 2: RFT4-2023 - Tender Evaluation Report

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: EM00041/4

Meeting held 16 May 2023

Minutes numbered 56 to 68

Resolved:

(Moved: Councillors Wheatley/Ward)

That Minutes numbered 56 to 68 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

Damaging increase in Emergency Services Levy costs

File: S09112/11

Vide: MM.1

I am calling on Councillors to support representations to the NSW Government in response to the highly damaging increase in the Emergency Services Levy (ESL) imposed on all councils without warning for the 2023/24 financial year.

The ESL is a cost imposed on councils and insurance policy holders to fund the emergency services budget in NSW. The majority is paid as part of insurance premiums, with a further 11.7% funded by councils and 14.6% by the NSW Government. The ESL represents cost shifting at its worst, as it is imposed on councils without any mechanism for councils to recover costs.

Local Government NSW advise that the levy increase for the State’s 128 councils in 2023/24 amounts to almost $77 million, with the total cost imposed on the local government sector increasing from $143 million in the current financial year to $220 million next year. This represents a 53% increase, completely overshadowing the IPART rate peg of 3.7% for 2023/24. LGNSW further advise that reporting suggests that the increase in costs this year reflects a 73% increase in the State Emergency Service budget and an 18% funding increase to Fire and Rescue NSW. The impact of these large increases on council finances will be particularly severe in 2023/24 as a result of the NSW Government deciding to scrap the subsidy for council ESL payments.

For many councils, the unexpected costs will absorb almost all of their IPART approved rate rise for this year and in some cases absorb more than 100%. This is placing local government budgets under enormous pressure as they struggle from the combined impact of the pandemic, extreme weather events, high inflation and wage increases.

IPART approved rate rises are intended to compensate for the impacts of inflation and increases in costs associated with delivering council services. Instead, the rate increase will have to be diverted to the significantly higher ESL payments this year.

Council’s net ESL contribution has increased from $2.66m in 2022/23 to $4.35m in 2023/24. This increase of $1.69m is comprised of an $860k increase in the levy, and a $830k impact from the removal of the rebate previously provided by the NSW Government. This additional $1.69m amounts to 63% of the IPART approved increase to rates income of $2.68m for 2023/24, leaving only $990k to cover all other cost increases. With the mandatory Award wage increase forecast to cost Council an additional $2m in 2023/24, the combined increase to wages and the ESL will outstrip rates revenue growth by more than $1m. In addition, there is the impact on Council’s budget of high inflation on the cost of materials, services and capital works.

If the NSW Government’s decision is not reversed, Council will have less financial capacity to provide essential community services and infrastructure into the future. The timing of this development is particularly challenging for councils as it comes so late in the local government budgeting cycle, well after IPART’s rate determination for the coming financial year and after Council has publicly advertised its Operational Plan and annual budget to the community.

Ku-ring-gai strongly supports a well-funded emergency services sector and the critical contribution of emergency services workers and volunteers. However, these services must be supported through an equitable, transparent and sustainable funding model.

Local Government NSW has raised the serious concerns of the local government sector with the NSW Government and is seeking the support of councils across NSW in amplifying this advocacy.

Resolved:

(Moved: The Mayor, Councillor Pettett)

That:

A. Council writes to the Treasurer, the Minister for Emergency Services, the Minister for Local Government and local State Members:

a. Expressing Council’s strong opposition to the NSW Government’s last-minute decision to impose an enormous Emergency Services Levy (ESL) cost increase on councils for 2023/24 by scrapping the ESL subsidy for councils and at a time after Council has publicly advertised its Operational Plan and annual budget to the community.

b. Noting that as a consequence of the unannounced 73% increase in the State Emergency Service budget and an 18% increase in the Fire and Rescue NSW budget, along with the scrapping of the subsidy, the base 3.7% rate increase allowed by IPART has been significantly eroded, reducing the ability of Council to provide essential community services and infrastructure.

c. Calling on the NSW Government to take immediate action to:

i. Restore the ESL subsidy in 2023/24.

ii. Urgently introduce legislation to decouple the ESL from the rate peg, to enable councils to recover the full cost and identify the decoupled charge as a separate item on rates notices.

iii. Develop a fairer, more transparent and financially sustainable method of funding critically important emergency services in consultation with local government.

B. Council writes to the Chair of the Independent Pricing and Regulatory Tribunal (IPART) advising that Council’s forced emergency services contribution is manifestly disproportionate to the 2023/24 rate cap, which has resulted in additional financial stress.

C. Council writes to the President of LGNSW seeking the Association’s ongoing advocacy to bring about a relief in the burden of Councils’ emergency services contribution.

CARRIED UNANIMOUSLY

Stronger measures to reduce waste

File: S10762

Vide: MM.2

The purpose of this Mayoral Minute is to outline ways in which Ku-ring-gai Council along with other Sydney councils can advocate for stronger measures to reduce waste.

Across Australia, people are asking for more ambitious action on climate change. Reducing waste and its impact on the environment is one of the key actions councils can take to lower our emissions.

All councils have a key role to play in reducing waste and its impact on the environment.

Across the Sydney metropolitan area, 55 per cent of household and commercial waste goes to landfill each year. This results in the loss of valuable resources, costing businesses and households more than $750 million in waste levies each year.

I propose that Council resolves to work with other Sydney councils on

a. reducing waste

b. improving environmental outcomes where waste has to be processed and

c. finding solutions for the residue that is left.

I also ask that our council continues to lobby the NSW Government to invest revenue from its waste levy for council and industry initiatives that:

a. accelerate the transition to a circular economy

b. build the waste infrastructure needed to meet the growing pressures of population growth, loss of landfill capacity and a lack of competition in the sector.

c. educate and support communities to reduce waste

Sydney councils must meet ambitious resource recovery and waste reduction targets, while also meeting the community’s expectations for uninterrupted services and public health outcomes. The time has long passed when councils collected rubbish and transported it to a landfill where it would slowly rot away.

Achieving an overhaul of the waste industry requires strategic input from Mayors, Councillors, and Council staff.

Providing viable waste services for the community is no longer solely an operational issue for council staff to manage. Industry-wide changes include a limited number of suppliers, a lack of processing infrastructure and a shortage of readily accessible waste collection and transfer sites.

These issues present local government with the prospects of rising costs, increasing truck movements and resource recovery rates that are static at best. Few options exist for increased efficiency or resource recovery improvements, or to reduce landfill.

The original drivers of public health and hygiene have been supplemented by the need to reduce pollution, lower carbon emissions, and recover and re-use resources. Collecting waste is only part of the picture; councils must make strategic decisions about where this waste will go.

The last 20 years have seen significant positive change. Recycling has been introduced for glass, hard plastics, paper and cardboard. There are separate collections for mattresses, electronic waste, tyres, clothing, mobile phones, batteries and chemicals. Landfill sites are capturing methane to generate energy. There could soon be collections for food waste and garden organics.

In spite of these successes, waste processing and disposal have not kept pace with recent changes, the population is growing and waste generation rates continue to increase. Most Sydney councils must pay to haul recyclable materials and waste far outside their local area, and new transfer capacity is difficult to secure due to the cost and availability of appropriately zoned land.

Data shows that councils will not be able to meet NSW and Commonwealth targets with our current systems. Even with the highest efficiencies, progress in domestic waste collection and recovery will be impossible without major and expensive changes.

The waste levy on landfill is an incentive to recycle, but in a failing market just adds to the costs that Council must charge the community. Only about 7 per cent of $800 million in annual waste levy revenue comes back to councils and the waste industry through grants to fund improvements. Councils will not receive a fair share of funding, despite being asked to meet government targets and transition to a circular economy.

In our local government area, the cost of domestic waste service is more than $20 million and council has not received any waste grants within the last 12 months. In fact, the EPA’s Better Waste & Recycling Grant ceased in June last year and has not been extended.

The Deputy Mayor attended the Metropolitan Sydney Mayoral Summit on Waste on my behalf on 18 May 2023 to discuss what councils can do to contribute solutions to these concerns. The Sydney Mayoral Summit was convened by Southern Sydney Regional Organisation of Councils (SSROC) on behalf of Resilient Sydney, which our council supports.

We heard from the waste industry, NSW EPA and Federal Government representatives and Sydney Mayors about initiatives and areas of influence where councils can work together.

Resolved:

(Moved: The Mayor, Councillor Pettett)

I recommend that Council resolve to take strategic action on waste by:

A. calling on the Federal Government to expedite bans on materials that cannot be recycled or recovered, and to increase extended producer responsibilities;

B. calling on the NSW Government to set the waste levy at an appropriate level with realistic hypothecation allocation, to streamline planning approvals for infrastructure and to increase clarity and efficiency of licensing procedures;

C. working with other metropolitan Sydney councils to coordinate our advocacy, communications and collective buying power to bring the benefits of scale, efficiency and industry confidence;

D. working with the other tiers of government to ensure the delivery of infrastructure solutions locally to reduce waste hauled long distances or to landfill.

CARRIED UNANIMOUSLY

PETITIONS

Petition - Support the NTRA Development for Enhanced Recreation Facilities and Community Engagement

File: EM00041/5

Vide: PT.1

The Northern Suburbs Football Association (NSFA) is seeking support for the North Turramurra Recreation Area (NTRA) Development, a vital initiative to improve recreational amenities and foster community engagement.

(2,354 names including 115 comments were received)

Resolved:

(Moved: Councillors Wheatley/Ward)

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

CARRIED UNANIMOUSLY

North Turramurra Golf Course Proposed Green Fee Increase Petition

File: EM00041/5

Vide: PT.2

Members Petition

Council MUST Reconsider the North Turramurra Golf Course 25% Fee Increase

Dear Councillors and Senior Staff,

I fully support this petition, which calls for Ku-ring-gai Council to reject the proposed increase in green fees at North Turramurra Golf Course (NTGC). I consider the proposed increase in green fees to be entirely unacceptable and inequitable based on the following:

Council applies a Rate of Return Pricing Policy to a single sporting facility in Ku-ring-gai - NTGC – and has done since it reopened. This means that Council has. been operating NTGC to make a profit rather than using a Partial Cost Recovery Pricing Policy which is applied to every other sporting facility in Ku ring-gai, including Gordon Golf Course (GGC).

The other stated objective of the Rate of Return is to disincentivise the use of NTGC; rather than raise revenue through the use of NTGC, it can only be concluded that Council seeks to raise revenue by making NTGC unprofitable and then being able to sell the land.

There is no evidence that the proposed increase in green fees would provide parity with other public golf courses; this is simply incorrect, and as a central pillar to Council's reasoning should call into question the entire proposal.

Fee increases of 6.3% are proposed for 2023/2024 for all other sporting facilities in Ku-ring-gai, yet by 25% for NTGC alone without any justification of costs increasing in any significant way above income. This also means that - for example - someone playing a full season of soccer will pay less than $1O extra per year, more than a golfer at NTGC will pay extra for a single game of golf.

If the proposal is approved, a member of NTGC playing twice a week in competitions will pay $6,176 per year compared to a member at GGC playing twice a week in competitions who will pay $3,380 per year. How can Council support such inequity at its two public golf courses?

Members of NTGC choose to play there to be with their mates, to enjoy what has developed into a great club atmosphere, and to enjoy a great golf course. The proposal will decimate member numbers as they could play at some of the most exclusive clubs in Ku-ring-gai or indeed Sydney, for less than the cost at NTGC. How is such an outcome beneficial to Council; again, this points only to a desire to sell the course for other use.

The proposed increase in green fees will also decimate the business of our friend James McDonald, who operates NTGC on Council's behalf. What will happen to James’ business; player numbers will drop, and fewer players will be able to afford golf carts or equipment or drinks after the game. James almost single handedly created the member base and moreover a Club where people love to be. The proposed increase in green fees at NTGC will destroy what is a crucial piece of sports and social infrastructure, and in tum reduce the mental and physical wellbeing of NTGC members and all those who play golf in Ku-ring-gai.

I would ask that Councillors not support the proposal, and that Council commences investigations into adopting the GGC members model at NTGC so that we can continue to play at the course we love at a price that reflects the same member costs at GGC at the very least.

Sincerely.

(55 signatures were received)

Resolved:

(Moved: Councillors Lennon /Ward)

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

CARRIED UNANIMOUSLY

procedural motionS

Standing Orders were suspended at this point in the meeting to deal with the following:

i) A Motion that the meeting is to finish no later than 11pm was moved by Councillor Spencer and Councillor Ward.

ii) A motion that NM.1 Proposed new facilities at North Turramurra Recreation Area by Northern Suburbs Football Association be withdrawn was moved by Councillor Spencer and Councillor Wheatley.

For the Procedural Motions:          The Mayor, Councillor Pettett, Councillors
         Lennon, Ngai, Smith, Spencer, Ward and
         Wheatley

Against the Procedural Motions: Councillors A. Taylor and G. Taylor

CARRIED

A Motion that GB.11 Reclassification Planning Proposal 261 Mona Vale Rd, St Ives; 1186-1188 Pacific Hwy, Pymble; 1192 Pacific Hwy, Pymble be deferred, as one of the St Ives Ward Councillors was an apology, was moved by the Mayor and Councillor Smith and was CARRIED UNANIMOUSLY.

Standing Orders Resumed.

GENERAL BUSINESS

Investment Report as at May 2023

File: FY00623/5

Vide: GB.3

To present Council’s investment portfolio performance for May 2023.

Resolved:

(Moved: Councillors Spencer/Wheatley)

That:

A. The summary of investments and performance for May 2023 received and noted.

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

CARRIED UNANIMOUSLY

Councillor Interaction with Staff and Access to Information Policy

File: CY00473/10

Vide: GB.4

To adopt a new Councillor Interaction with Staff and Access to Information Policy, including records management requirements and supporting procedures to manage requests for information and advice.

Resolved:

(Moved: Councillors Spencer/Ward)

That Council adopt the attached Councillor Interaction with Staff and Access to Information Policy (Attachment B).

CARRIED UNANIMOUSLY

Mayor and Councillor Fees - 2023/2024 Local Government Remuneration Tribunal Determination

File: EM00041/11

Vide: GB.5

To determine the mayor and councillor fees for the 2023/24 financial year.

Resolved:

(Moved: Councillors Spencer/Smith)

That effective 1 July 2023:

A. The annual councillor fee be set at $27,650; and

B. The annual mayoral fee be set at $73,440, in addition to the councillor fee.

CARRIED UNANIMOUSLY

Re-adoption of Fraud & Corruption Control Policy

File: S11503

Vide: GB.6

To review and re-adopt Ku-ring-gai Council’s Fraud & Corruption Control Policy (the Policy).

Resolved:

(Moved: Councillors Spencer/Smith)

Council re-adopts the Fraud & Corruption Control Policy with a minor wording change as per A1.

CARRIED UNANIMOUSLY

80	Streets as Shared Spaces Grant - Try Turramurra Completion Report File: S13733 Vide: GB.8
	To provide Council with a summary of the outcomes from the Streets as Shared Spaces Round II activations in Turramurra.
	Resolved: (Moved: Councillors Spencer/Ward) That the report on the outcomes of the Streets as Shared Spaces Round II activations in Turramurra be received and noted. CARRIED UNANIMOUSLY
81	Minutes of Heritage Reference Committee of 27 April 2023 File: CY00413/11 Vide: GB.9
	To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 27 April 2023.
	Resolved: (Moved: Councillors Spencer/Wheatley) That Council receive and note the HRC minutes from the meeting held on 27 April 2023. CARRIED UNANIMOUSLY

Ku-ring-gai Council - Open Space and Recreation Needs Study - Draft for Public Exhibition

File: S13467

Vide: GB.12

To seek Council’s approval to place the draft Ku-ring-gai Council - Open Space and Recreation Needs Study on public exhibition.

Resolved:

(Moved: Councillors Spencer/Smith)

A. That Council endorse the draft Ku-ring-gai Council - Open Space and Recreation Needs Study as attached to this report for public exhibition.

B. That the results of the public exhibition be reported back to Council.

CARRIED UNANIMOUSLY

RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre KFAC 50M Pool refurbishment

File: RFT4-2023/R

Vide: GB.16

To consider the tenders received for RFT4-2023 Ku-ring-gai Fitness and Aquatic Centre (KFAC) 50M Pool Refurbishment and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Spencer/Lennon)

That:

A. Council accepts the tender submission from Tenderer ‘A’ to carry out the Ku-ring-gai Fitness and Aquatic Centre (KFAC) 50M Pool Refurbishment

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

C. The Seal of Council be affixed to all necessary documents.

D. All tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation.

CARRIED UNANIMOUSLY

84	LVH - Analysis of Trees and Habitat File: S12165-4-6 Vide: GB.1
	This report has been prepared in response to NM1 ‘LVH – Analysis of trees and habitat’, OMC 18 March 2023.
	MOTION: (Moved: Councillors G.Taylor/Smith) That: A. Council receives and notes this report B. Updates to the Arboricultural Report and the Flora and Fauna Report do not proceed as detailed in this report C. It be encouraged as part of the development, that Sydney Turpentine Ironbark Forest plant species (from all strata of this ecological community), be planted throughout LVH site with the intention of presenting and educating the community and users of this site about the features and inherent beauty of this critically endangered ecological community
	AMENDMENT: (Moved: Councillors Pettett/Lennon) That: A. Council receives and notes this report B. Updates to the Arboricultural Report and the Flora and Fauna Report proceed as detailed in this report C. It be encouraged as part of the development, that Sydney Turpentine Ironbark Forest plant species (from all strata of this ecological community), be planted throughout LVH site with the intention of presenting and educating the community and users of this site about the features and inherent beauty of this critically endangered ecological community The Amendment was put and declared CARRIED. For the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, Ward and Wheatley Against the Amendment: Councillors A. Taylor and G. Taylor The Amendment became the Motion. The Motion was put and declared CARRIED
	Resolved: (Moved: Councillors Pettett/Lennon) That: A. Council receives and notes this report B. Updates to the Arboricultural Report and the Flora and Fauna Report proceed as detailed in this report C. It be encouraged as part of the development, that Sydney Turpentine Ironbark Forest plant species (from all strata of this ecological community), be planted throughout LVH site with the intention of presenting and educating the community and users of this site about the features and inherent beauty of this critically endangered ecological community For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley Against the Resolution: Councillor G. Taylor CARRIED

85	Draft Social Media Policy File: S13927 Vide: GB.2
	To provide Council with a draft Social Media Policy which has been developed by the Office of Local Government and adapted to suit Ku-ring-gai Council’s social media platforms.
	Councillor Wheatley left Chambers between 7:51pm and 7:52pm during discussion of this item. MOTION: (Moved: Councillors Spencer/Ngai) That Council: A. Amend the draft Social Media Policy by deleting point 3.4 (council staff management of the Mayor’s official Facebook page), noting that: i. Point 3.4 is not included in the Office of Local Government’s draft social media policy, nor is it included in the social media policies of any other NSW Local Government entity; and ii. There is no reason why the practice described by point 3.4 cannot continue to proceed without being formalised in policy, as is the current practice at Ku-ring-gai. B. Place the draft Social Media Policy as amended on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as amended.
	AMENDMENT: (Moved: Councillors Pettett/Smith) That the draft Social Media Policy be placed on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as attached to this report. The Amendment was put and declared LOST. For the Amendment: The Mayor, Councillor Pettett, Councillors Smith, and Wheatley Against the Amendment: Councillors Lennon, Ngai , Spencer, A. Taylor, G. Taylor and Ward Debate resumed on the Motion. The Motion was put and declared CARRIED.
	Resolved: (Moved: Councillors Spencer/Ngai) That Council: A. Amend the draft Social Media Policy by deleting point 3.4 (council staff management of the Mayor’s official Facebook page), noting that: i. Point 3.4 is not included in the Office of Local Government’s draft social media policy, nor is it included in the social media policies of any other NSW Local Government entity; and ii. There is no reason why the practice described by point 3.4 cannot continue to proceed without being formalised in policy, as is the current practice at Ku-ring-gai. B. Place the draft Social Media Policy as amended on public exhibition for a period of 28 days, and a report containing any comments from the community come back to Council prior to the policy being formally adopted. If no submissions are received, that Council adopt the draft Policy as amended. For the Resolution: Councillors Lennon, Ngai, Spencer, A. Taylor, G. Taylor and Ward Against the Resolution: The Mayor, Councillor Pettett, Councillors Smith and Wheatley CARRIED

86	General Manager's Performance Agreement Panel File: CY00254/15 Vide: GB.7
	To identify two councillors to sit on the General Manager’s performance agreement panel to review and agree on the parameters of the annual performance agreement for the General Manager before presenting them to Council for adoption.
	Councillor Smith left Chambers between 8:10pm and 8:11pm during discussion of this item. MOTION: (Moved: Councillors G.Taylor/A.Taylor) That Councillor Ngai and Councillor G.Taylor be appointed to the General Manager's Performance Agreement Panel.
	AMENDMENT: (Moved: Councillors Spencer/Smith) That Councillor Ngai and Councillor Wheatley be appointed to the General Manager's Performance Agreement Panel. The Amendment was put and declared CARRIED. For the Amendment: The Mayor, Councillor Pettett, Councillors Ngai, Smith, Spencer and Wheatley Against the Amendment: Councillors Lennon, A.Taylor, G.Taylor and Ward The Amendment became the Motion. The Motion was put and declared CARRIED
	Resolved: (Moved: Councillors Spencer/Smith) That Councillor Ngai and Councillor Wheatley be appointed to the General Manager's Performance Agreement Panel. For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Spencer, A. Taylor, Ward and Wheatley Against the Resolution: Councillor G. Taylor CARRIED

87	Ku-ring-gai Development Control Plan Housekeeping Review File: S13723 Vide: GB.10
	For Council to consider the review and amendment of the Ku-ring-gai Development Control Plan for public exhibition.
	Councillor Spencer left Chambers between 8:13pm and 8:15pm during discussion of this item. MOTION: (Moved: Councillors G.Taylor/Ngai) That this item be deferred until the following meeting to allow Councillors more time to absorb and consider the information in this complex and important document.
	AMENDMENT: (Moved: Councillors Ngai/Smith) A. That Council endorse the updates proposed by Amendment 6 of the Ku-ring-gai DCP, as detailed in Attachment A1 of this report. B. That the Ku-ring-gai DCP amendments stated in Attachment A1 be placed on public exhibition in accordance with provisions under the Environmental Planning and Assessment Regulation 2000. C. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft KDCP prior to public exhibition. D. That a report be brought back to Council at the conclusion of the exhibition period of 40 days. The Amendment was put and declared CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Ngai/Smith) A. That Council endorse the updates proposed by Amendment 6 of the Ku-ring-gai DCP, as detailed in Attachment A1 of this report. B. That the Ku-ring-gai DCP amendments stated in Attachment A1 be placed on public exhibition in accordance with provisions under the Environmental Planning and Assessment Regulation 2000. C. That delegation be given to the Director, Strategy and Environment to correct any minor amendments or errors and inconsistencies to the draft KDCP prior to public exhibition. D. That a report be brought back to Council at the conclusion of the exhibition period of 40 days. CARRIED UNANIMOUSLY

88	The Glade Landscape Masterplan - Post Site Inspection File: S13590 Vide: GB.13
	To seek Council’s endorsement of the Landscape Masterplan for The Glade, Wahroonga.
	MOTION: (Moved: Councillors G.Taylor/A.Taylor) That Council adopt The Glade Landscape Master Plan Report, May 2023 subject to the following changes: A. Formalised street parking be added along the western boundary of the site along Koora Ave, subject to protecting significant trees. B. Installation of a footpath along The Glade (the street). C. Plant screening vegetation including Blue Gum High Forest along boundaries nearest to residential properties, especially along the northern, eastern and western perimeter of the sporting field. This screening vegetation should include all strata of the Blue Gum High Forest ecological community, and include some mature canopy and mature understory trees. D. This vegetation be allowed to establish for at least 2-3 years before any field lighting can be installed on the site.
	AMENDMENT: (Moved: Councillors Pettett/Spencer) That this matter be deferred to allow for a further briefing on this issue. The Amendment was put and declared CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Pettett/Spencer) That this matter be deferred to allow for a further briefing on this issue. CARRIED UNANIMOUSLY

Queen Elizabeth Reserve, Lindfield - Landscape Masterplan - Post Exhibition Report

File: S13787

Vide: GB.14

To seek Council’s endorsement of the Landscape Masterplan for Queen Elizabeth Reserve, Lindfield.

Councillor Ward left Chambers between 8:39pm and 8:40pm during discussion of this item.

Resolved:

(Moved: Councillors Ngai/A. Taylor)

That Council:

A. Amend the Queen Elizabeth Reserve Masterplan Report, May 2023 as attached to this report, with the following:

i. The area denoted as “Onsite Option 1” on page 8 of the QE Engagement Report Final (May 2023) will become a dedicated off-leash area for dog-owners, particularly at times when the oval is not available.

ii. A comment that the upgrade of the circuit track (Item N on page 21 of the Masterplan Report) will draw inspiration from other children’s cycle tracks in the Sydney metro area.

B. Adopt the Queen Elizabeth Reserve Masterplan Report, May 2023, as amended.

C. Retain the shared facility on Queen Elizabeth field with timed usage for the dog off-leash facility between 4:00pm and 10:00am 7 days a week unless there are organised sports being undertaken in which case dogs are to remain on leash.

CARRIED UNANIMOUSLY

90	Post Exhibition - Revised Resourcing Strategy 2023-2033, Revised Delivery Program 2022-2026 and Operational Plan 2023-2024 File: FY00382/15 Vide: GB.15
	To adopt the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and Operational Plan 2023-2024, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2023-2024.
	MOTION: (Moved: Councillors Smith/Wheatley) A. That subject to the changes identified below, Council adopts the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and Operational Plan 2023-2024, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2023–2024, with amendments discussed in this report. i. That the scenarios for increasing rates above the cap, related expenditure and consultation be delayed by one year ii. That Council modify Task P6.1.1.6 in the Delivery Program and Operational Plan to add “Consider grant opportunities to fully fund an amenity building in Irish Town Grove” iii. That Council reallocates $485,900 in the capital works program from Infrastructure Renewal Enhancement Program – Roads to the Pymble Town Hall refurbishment of roof and building to complete the refurbishment of the building exterior B. That Council adopts the rates structure for 2023-2024 as presented in this report. C. That Council writes to all residents, groups and organisations that made submissions in relation to the draft revised Resourcing Strategy, revised Delivery Program and Operational Plan and advise them of the outcomes of Council’s consideration.
	Resolved: (Moved: Councillors Smith/Wheatley) A. That subject to the changes identified below, Council adopts the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and Operational Plan 2023-2024, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2023–2024, with amendments discussed in this report. i. That the scenarios for increasing rates above the cap, related expenditure and consultation be delayed by one year ii. That Council modify Task P6.1.1.6 in the Delivery Program and Operational Plan to add “Consider grant opportunities to fully fund an amenity building in Irish Town Grove”. iii. That Council reallocates $485,900 in the capital works program from “Infrastructure Renewal Enhancement Program – Roads” to the Pymble Town Hall “ Refurbishment of roof and building” to complete the refurbishment of the building exterior. B. That Council adopts the rates structure for 2023-2024 as presented in this report. C. That Council writes to all residents, groups and organisations that made submissions in relation to the draft revised Resourcing Strategy, revised Delivery Program and Operational Plan and advise them of the outcomes of Council’s consideration. CARRIED UNANIMOUSLY

Motions of which due Notice has been given

91	Marian Street Theatre File: S10577/5 Vide: NM.2
	Notice of Motion from Councillor Ward dated 26 May 2023 The Marian Street Theatre has been the cultural heart of the dramatic arts in Ku-ring-gai for many decades and that it has been allowed to fall into decline and decay is a travesty. Myself and some dedicated members of the local community are determined to source funding streams to allow this important cultural asset to be given a viable new lease of life for the next 100 years. I have been working with the community to investigate self-funded alternatives for redevelopment of the Marian Street Theatre site which would allow redevelopment of a new theatre/community space at no direct cost to Council. However, to allow the project to continue, it is necessary to obtain feedback from Council staff in relation to draft concept plans so far developed, such that the community group can better document a proposal for Council consideration. I, therefore, move: A. That Council staff form a working group of six (6) consisting of community members and staff to further explore a draft proposal and concept plan of a self-funded redevelopment of the Marian Street Theatre site. B. That this project be given priority with timeline, target dates and stretch target so that the general community has the confidence that Marian Street Theatre/Cultural Centre is progressing. C. That the working group prepare the report for consideration by Council no later than the August 2023 Ordinary Meeting of Council.
	Councillor Spencer left Chambers between 9:02pm and 9:04pm during discussion of this item. MOTION: (Moved: Councillors Ward/Lennon) That: A. The Council further explore alternative concepts and funding options which include, but are not limited to, restoration, renovation, and/or refurbishment of the building to restore it to a fully operational state; and governmental grants opportunities. B. This project be given priority with timeline, target dates and stretch target so that the general community has the confidence that Marian Street Theatre is progressing. C. A report of its findings is provided to Council no later than the November 2023 ordinary meeting of Council.
	AMENDMENT: (Moved: Councillors Ngai/A.Taylor) That Council and staff hold a briefing session within 4 weeks to explore feasibility and options for Marian Street Theatre project. The Amendment was put and declared CARRIED UNANIMOUSLY. The Amendment became the Motion. The Motion was put and declared CARRIED UNANIMOUSLY.
	Resolved: (Moved: Councillors Ngai/A. Taylor) That Council and staff hold a briefing session within 4 weeks to explore feasibility and options for Marian Street Theatre project. CARRIED UNANIMOUSLY

The Meeting closed at 9:30pm

The Minutes of the Ordinary Meeting of Council held on 20 June 2023 (Pages 1 -23) were confirmed as a full and accurate record of proceedings on 25 July 2023.

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General Manager Mayor / Chairperson