Minutes of Ordinary Meeting of Council

Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 26 June 2018

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)

Staff Present:

Acting General Manager (David Marshall)

Acting Director Development & Regulation (Corrie Swanepoel)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Integrated Planning, Property & Assets (Deborah Silva)

Manager Urban & Heritage Planning (Antony Fabbro)

Manager Corporate Communications (Virginia Leafe)

Manager Finance (Angela Apostol)

Manager Records and Governance (Amber Moloney)

Interim Leader - Major Projects (Craig Calder)

Project Manager - Major Projects (Juliet Byrnes)

Minutes Secretary (Christine Dunand)

The Meeting commenced at 7:02 pm

The Mayor offered the Prayer

Staff Apologies

The Acting General Manager David Marshall advised that the General Manager John McKee is unwell and recovering from surgery.

The Acting General Manager David Marshall advised that the Director Development and Regulation Michael Miocic is unwell and that Corrie Swanepoel would be Acting Director Development and Regulation for the meeting.

DECLARATIONS OF INTEREST

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

Councillor Callum Clarke declared a less than significant non-pecuniary conflict of interest in item MM.1 Queen’s Birthday Honours 2018 as Professor Harvey Dillon AO is a family friend, as Council is only congratulating him on an achievement Councillor Clarke advised he would remain in the chamber during the debate on this item.

Councillor Callum Clarke declared a less than significant non-pecuniary conflict of interest in item MM.2 Statewide recognition for North Turramurra Recreation Area and Wild Things program. Councillor Clarke advised his father used to work for
Ku-ring-gai Council and was involved in the development and running of the Wild Things program, as he no longer works for Council, and as Council is congratulating the staff on an award, Councillor Clarke advised he would remain in the chamber during debate.

Councillor Sam Ngai declared a less than significant non-pecuniary conflict of interest in item GB.3 Draft Delivery Program 2018-2021 and Draft Operational Plan 2018-2019 - Post Exhibition. Councillor Ngai advised he had previously made a submission to the Draft Delivery Program and Operational Plan. As this submission did not contain an opinion or preference, but rather contained a request to clarify an ambiguous and potentially incorrect statistic, he believed there was no conflict in voting on the matter and advised he would remain in the chamber during debate.

The Acting General Manager David Marshall declared a significant pecuniary conflict of interest in item C.1 Facilitation of the General Managers Performance Review and advised the staff would leave the chamber during debate.

174

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Greenfield/Clarke)

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

C.1 Facilitation of the General Managers Performance Review

Attachment A1 – GM Performance Review Proposals

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.

GB.4 Lindfield Village Hub - Update

Attachment A1: Attachment A1 - Lindfield Village Hub - Update - Due Diligence Extract

Attachment A2: Attachment A2 - Lindfield Village Hub - Update - Key Target Dates

The above attachments are considered confidential because they would confer a commercial advantage on a competitor of Council, in accordance with Section 10A(2)(d)(ii), and reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

Attachment A3: Attachment A3 - Lindfield Village Hub - Update - Legal Advice

The above attachment is considered confidential because it would prejudice the commercial position of the person who supplied it, in accordance with Section 10A(2)(d)(i), or would confer a commercial advantage on a competitor of Council, in accordance with Section 10A(2)(d)(ii), or reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

GB.5 Save Marian Street Theatre Committee - Fundraising Feasibility Study and Business Plan

Attachment A1: Save Marian Street Theatre - Fundraising Feasibility Study and Executive Summar y

The above attachment is considered confidential because it would reveal personnel matters concerning particular individuals (other than Councillors), in accordance with Section 10A(2)(d)(a)

CARRIED UNANIMOUSLY

Address the Council

The following members of the public addressed Council on items not on the agenda:

Francis Ricketts Roland Avenue Through Traffic

Robert Anderson Roland Avenue Through Traffic

Gerard Hosier History of Planning in Ku-ring-gai

Janet Harwood Local Government National Interest

Liz Wilson Ku-ring-gai Philharmonic Orchestra

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:

Late Items:

GB.12 - Management of Community and Recreation Facilities Policy 2018 - Report by Director Community dated 26 June 2018 and attachment.

Late Councillors Information:

Item GB.1, GB.2, GB.3 – Memo from Manager Integrated Planning, Property & Assets dated 25 June 2018

Memorandum advising there were two late submissions in relation to the Community Strategic Plan, the Delivery Program and the Resourcing Strategy.

Memorandum to Councillors

GB.11 Consideration of submissions on the draft Heritage Conservation Areas: Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area – Attachments

Copies of attachments provided in the business paper distributed to Councillors in hard copy.

CONFIRMATION OF MINUTEs

175

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 12 June 2018

Minutes numbered 145 to 173

Resolved:

(Moved: Councillors Szatow/Clarke)

That Minutes numbered 145 to 173 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

176

The Queen's Birthday Honours 2018

File: S02767

Vide: MM.1

I am pleased to inform you that 20 Ku-ring-gai citizens, through their outstanding achievements and services to the community, have been awarded 2018 Queen’s Birthday Honours.

We are very proud to have these dedicated and talented Australians as members of the
Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

John Lachlan CAMERON AM of Wahroonga, for significant service to the community through a range of roles in the disability and the not-for-profit sectors, and to politics and public policy

Harvey Albert DILLON AO of Turramurra, for distinguished service to science, and to engineering, as a researcher in the field of hearing loss assessment, electrophysiology, and rehabilitation, and to improved auditory technologies

Richard Herbert GASTINEAU-HILLS OAM of Killara, for service to chess

Robert Neil HARVEY OAM of St Ives, for service to cricket

Frederick KENYON OAM of Turramurra, for service to the television broadcast industry

Jonathan Michael LEIGHTON OAM of Wahroonga, for service to cycling

Margaret Elizabeth MACMILLAN OAM of Wahroonga, for service to people with Alzheimer’s and their carers

Marika Reet McLACHLAN OAM of Warrawee, for service to secondary education

John (Jock) Stephen MURRAY AO of Lindfield, for distinguished service to the transport, infrastructure and freight industries, through roles in policy direction, planning and implementation, and to Jesuit education

Brian Kenneth OWLER AM of Wahroonga, for significant service to medicine through the leadership and administration of professional medical organisations, and to education

Peter John SMITH OAM of Turramurra, for service to the community of the North Shore

Thomas John SWEENEY OAM of Killara, for service to the performing arts, and to the community of Willoughby

David Keith SWEETING OAM of St Ives, for service to electrical engineering

David Gerald SYKES OAM of St Ives, for service to dentistry, particularly to prosthodontics

Peter Clive THOMSON OAM of St Ives, for service to the community through a range of volunteer roles

Leo Edward TUTT AM of Wahroonga, for significant service to community health, particularly to people with diabetes, through administrative and leadership roles, and to accounting

Robert Wilson WANNAN OAM of Pymble, for service to the visual and performing arts, to youth, and to the community

Garry Hannon WEBB OAM of Turramurra, for service to the community of the North Shore

Peter Mackay WILKINSON OAM of Killara, for service to the community, and to road safety education

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has so many citizens being recognised at the highest levels for their selfless dedication, commitment and contribution to local, national and international communities.

Resolved:

A. That Council acknowledge the outstanding contribution made by these recipients of The Queen’s Birthday Honours 2018 to the Ku-ring-gai community and to the well-being of our society.

B. That the Mayor, on behalf of Council, write to the recipients to congratulate them.

CARRIED UNANIMOUSLY

177

Statewide recognition for North Turramurra Recreation Area and Wild Things program

File: S05053

Vide: MM.2

It is my pleasant duty to advise my Councillor colleagues and the Ku-ring-gai community of two well-deserved awards that the Council received last week.

The Council’s North Turramurra Recreation Area and its Wild Things urban biodiversity program have both been recognised at this year’s NSW Local Government Professionals Awards.

These prestigious annual awards recognise excellence in the local government sector in NSW and significant achievements by NSW councils over the past year.

The $29 million North Turramurra Recreation Area was the winner in the Asset Management and Infrastructure Initiatives Projects category which highlights ‘initiatives that maximise benefits to the community and showcase projects that develop and manage community assets’.

The project transformed the existing public golf course into an 18 hole championship standard course overlooking Garigal National Park, complete with walking trails, picnic areas and artificial wetlands.

With sections built on a former landfill site, the Recreation Area also has four new sportsfields and an extended car park.

The site makes use of recycled irrigation water from sewer mining systems, resulting in 300,000 litres of water produced every day for irrigation purposes. As a result, the golf course is 100% self-sufficient and no potable water is used for irrigation.

Its emphasis on environmental sustainability has seen the return of native animals and birds not previously seen in the area for decades, such as lace monitors, tree snakes and blue fairy wrens.

The Council’s Wild Things urban biodiversity program was also awarded a high commendation in the Environmental Leadership and Sustainability category.

Since 2008 the Wild Things programs has been boosting Ku-ring-gai’s biodiversity by providing native bee hives to residents and teaching them how to convert unwanted backyard swimming pools into ponds filled with native marine life.

The program also hosts a You Tube channel called EnviroTube which promotes ways residents can boost biodiversity in their gardens and live a more sustainable lifestyle.

In the ten years of its existence Wild Things has distributed 1223 native bee hives to residents and converted 72 backyard pools into thriving ponds. It has aroused the interest of councils across Australia and even overseas.

The technical competence and high level of innovation displayed in both projects led to the awards.

I congratulate the Council staff involved – both past and present – for their commitment and dedication and I commend these projects to the Ku-ring-gai community as examples of how the Council is always striving to find new ways to help our natural environment and to manage our assets for maximum benefit to the community.

Resolved:

That the Mayoral Minute be received and noted

CARRIED UNANIMOUSLY

GENERAL BUSINESS

178

Draft Community Strategic Plan 2038 - Post Exhibition

File: S11275

Vide: GB.1

For Council to adopt the exhibited Community Strategic Plan ‘Our Ku ring-gai 2038’ with minor amendments and corrections.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That pursuant to Section 402 of the Local Government Act, 1993, Council adopts the Community Strategic Plan ‘Our Ku‑ring-gai 2038’ with recommendations discussed in this report.

B. That Council post a copy of the Community Strategic Plan ‘Our Ku-ring-gai 2038’’ on Council’s website and provide a copy to the Departmental Chief Executive within 28 days of Council’s adoption of the Plan.

C. That Council writes to all residents and groups that made submissions in relation to the draft Community Strategic Plan ‘Our Ku‑ring-gai 2038’ and respond to the authors with the outcomes.

CARRIED UNANIMOUSLY

179

Draft Resourcing Strategy 2018-2028 - Post Exhibition

File: S11276

Vide: GB.2

For Council to adopt the exhibited Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council adopts the amendments to the Long Term Financial Plan to include the community projects at East Lindfield Community Centre, Wellington Road, East Lindfield, Marian Street Theatre, Marian Street, Killara and the joint use indoor sports facility - St Ives Indoor Sports Complex, St Ives High School, Yarrabung Road, St Ives.

B. That pursuant to Section 403 of the Local Government Act, 1993, Council adopts the Resourcing Strategy 2018-2028, incorporating the Long Term Financial Plan, Asset Management Strategy and Workforce Management Strategy.

C. That Council writes to all residents and groups that made submissions in relation to the draft Resourcing Strategy 2018 – 2028.

CARRIED UNANIMOUSLY

180

Draft Delivery Program 2018-2021 and Draft Operational Plan 2018-2019 - Post Exhibition

File: FY00382/10

Vide: GB.3

For Council to adopt the draft Delivery Program 2018-2021 and draft Operational Plan 2018-2019, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and draft Fees and Charges for 2018-2019.

Resolved:

(Moved: Councillors Szatow/Greenfield)

A. That Council adopts the Delivery Program 2018 - 2021 and Operational Plan 2018 – 2019, incorporating the Budget, Capital Works Program, Statement of Revenue Policy and Fees and Charges for 2018 – 2019, with recommendations discussed in this report.

B. That an ordinary rate in the dollar of $0.00066010 on the unimproved capital value of all rateable land categorised as residential in the Council area be made for the period of 1 July 2018 to 30 June 2019.

C. That an ordinary rate in the dollar of $0.00454921 on the unimproved capital value of all rateable land categorised as business in the Council area be made for the period of 1 July 2018 to 30 June 2019.

D. That the minimum ordinary rate for both residential and business be set at $526.00 for the period 1 July 2018 to 30 June 2019.

E. That an infrastructure - primary rate in the dollar of $0.00030548 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $272 base amount be made for the period of 1 July 2018 to 30 June 2019.

F. That an infrastructure special rate in the dollar of $0.00003726 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a $32 base amount be made for the period of 1 July 2018 to 30 June 2019.

G. That an environmental special rate in the dollar of $0.00007126 on the unimproved capital value of all rateable land categorised as residential or business in the Council area, with a zero base amount, be made for the period of 1 July 2018 to 30 June 2019.

H. That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 8.5% of total rates and charges in 2018 - 2019.

I. That Council writes to all residents and groups that made submissions in relation to the draft Delivery Program 2018 – 2021 and draft Operational Plan 2018 – 2019.

CARRIED UNANIMOUSLY

181

Investment Report as at 31 May 2018

File: S05273

Vide: GB.6

To present Council’s investment portfolio performance for May 2018.

Resolved:

(Moved: Councillors Szatow/Smith)

A. That the summary of investments and performance for May 2018 be received and noted.

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

CARRIED UNANIMOUSLY

182

Delegation of authority to determine modification applications that are presently required to be determined by the Ku-ring-gai Independent Hearing and Assessment Panel (IHAP)

File: S11736

Vide: GB.7

To obtain Council’s delegation of authority for the General Manager to determine modification applications that are presently required to be determined by the
Ku-ring-gai IHAP.

Resolved:

(Moved: Councillors Szatow/Greenfield)

A. That Council, pursuant to sections 377 and 378 of the Local Government Act 1993, delegates the authority to determine modification applications required to be determined by the Ku-ring-gai IHAP to the General Manager. Modification applications that are the subject of a written request by the Director Development and Regulation or the General Manager for referral to the Ku-ring-gai IHAP are to be determined by the Ku-ring-gai IHAP.

B. That Council notifies the Minister for Planning and Environment and the Chair of the Ku-ring-gai IHAP of its decision.

CARRIED UNANIMOUSLY

183

Havilah Lane Lindfield - 51, 55 and 55A Lindfield Avenue Lindfield - Draft Voluntary Planning Agreement - Exhibition Report

File: S11436

Vide: GB.8

To seek Council’s endorsement for the statutory exhibition of a draft Planning Agreement to enable land dedication for the widening of Havilah Lane in Lindfield.

Resolved:

(Moved: Councillors Szatow/Ngai)

A. That public notice of the exhibition of the draft Planning Agreement and an Explanatory Note relating to the property at 51, 55 and 55A Lindfield Avenue, Lindfield, for the purposes of facilitating land dedication along the frontage to Havilah Lane, be duly given.

B. That the draft Planning Agreement together with an Explanatory Note be made available for inspection, in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

C. That a report be brought back to Council following the completion of the statutory exhibition process associated with the draft Planning Agreement.

D. That delegation be granted to the General Manager or his delegate to make any administrative changes to the draft Planning Agreement (including attachments) that do not alter the overall intent in order to facilitate exhibition and to protect Council’s interests including the finalisation of the Explanatory Note.

CARRIED UNANIMOUSLY

184

Management of Community and Recreation Facilities Policy 2018

File: S07860

Vide: GB.12

For Council to adopt the Management of Community and Recreation Facilities Policy (2018) following public exhibition.

Resolved:

(Moved: Councillors Pettett/Clarke)

That Council adopt the Policy for Management of Community and Recreation Facilities (2018)

CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with items
where there are speakers first, after a
Motion moved by Councillors Szatow and Clarke
was CARRIED UNANIMOUSLY

Councillor Spencer withdrew during discussion

Councillor Citer withdrew during discussion

Councillor Smith withdrew during discussion

Councillor Spencer returned

Councillor Citer returned

Councillor Smith returned

Councillor Clarke withdrew during discussion

Councillor Clarke returned

Councillor Greenfield withdrew during discussion

Councillor Greenfield returned

Councillor Ngai withdrew during discussion

Councillor Citer withdrew during discussion

Councillor Citer returned

Councillor Ngai returned

Councillor Smith withdrew during discussion

Councillor Smith returned

Councillor Szatow withdrew during discussion

Councillor Szatow returned

185

Lindfield Village Hub - Update

File: S10973-25

Vide: GB.4

The purpose of this report is to update Council on the status of procurement planning for the Lindfield Village Hub (Project) and provide recommendations on the method and timing of procurement activities to deliver the Project.

The following members of the public addressed Council on this item:

Julian Ledger	Trevor Carr
Gerard Hosier	Liam Filson
Andrew Sweeney	Richard Vowell
Peter Vickers	Linda MacDonald
Bruce Strachan	Richard Ulrick
Tony McGrath

Resolved:

(Moved: Councillors Ngai/Szatow)

1. That Council acknowledges that it is not feasible to proceed with the adopted masterplan which has a FSR of 1.3:1.

2. That Council has yet to agree on or endorse any updated FSR or height requirements for the project, and acknowledges that there is a delicate balance between a self-funding project with greater FSR versus a more financially onerous project with lower FSR that may require other sources of funds to cover lifecycle costs. The discussion on FSR's will take place in a subsequent council meeting.

3. That Council pursue an Expression of Interest (EOI) from the market in or around October 2018, for the development of the Lindfield Village Hub.

4. That the requirements of the development of the Lindfield Village Hub, including council’s preferred financial and above ground density requirements, will be confirmed in a meeting of Council prior to the release of the EOI.

5. That it is the hope of Council that during a competitive EOI and Request for Detailed Proposals (RDFP) process where each developer or consortium of developers is seeking to come out on top, each group will come up with creative, innovative and tasteful solutions to deliver maximum benefit to the community. During this competitive process, Council will request developers to provide potential solutions to delivering a pedestrian bridge as well as their feedback on how to potentially achieve Council’s preferred financial and above ground density requirements.

6. That during the EOI process, Councillors will be provided with the full submissions of all parties who have expressed interest in participating in the Lindfield Village Hub project. With this full set of information, it is the Councillors who will then decide which of the submissions should be shortlisted, and the shortlisting should take place before the end of this year.

7. That Council does not consider any Unsolicited Proposal during the competitive tender process being undertaken for the Lindfield Village Hub.

CARRIED UNANIMOUSLY

The above Resolution was subject to an Amendment which was LOST. The Lost Amendment was:

(Moved: Councillors Spencer/Kelly)

1. That Council acknowledges that it is not feasible to proceed with the adopted masterplan which has a FSR of 1.3:1.

3. That Council pursue an Expression of Interest (EOI) from the market in or around October 2018, for the development of the Lindfield Village Hub.

7. That concurrent to the EOI process listed on points 2 to 6 above, Council should also engage with Fabcot Pty Ltd (Woolworths development arm) to discuss its concerns regarding the current Unsolicited Offer and determine whether there can be an outcome that both Fabcot and Council can be satisfied with. This initial discussion does not constitute acceptance of the unsolicited offer, rather, it is the start of an early negotiation process.

8. That Council’s list of concerns regarding the Unsolicited Proposal should be finalised in a confidential session at the next Ordinary Meeting of Council on 24 July 2018.

9. That on or before the Ordinary Meeting of Council on 28 August 2018, Council will vote to decide whether it should formally accept the Unsolicited Offer and enter into formal negotiations with Fabcot. In the event that Council decides to accept the Unsolicited Offer, it will hold off from pursuing the EOI currently scheduled for October 2018.

For the Amendment: Councillors Ngai, Clarke, Spencer and Kelly

Against the Amendment: The Mayor, Councillor Anderson, Councillors Pettett, Greenfield, Citer, Smith and Szatow

Councillor Kelly withdrew during discussion

Councillor Citer withdrew during discussion

Councillor Kelly returned

Councillor Citer returned

Councillor Greenfield withdrew during discussion

Councillor Greenfield returned

Councillor Ngai withdrew during discussion

Councillor Ngai returned

186

Save Marian Street Theatre Committee - Fundraising Feasibility Study and Business Plan

File: S10577/3

Vide: GB.5

To provide Councillors with the Fundraising Feasibility Study and Business Plan developed by the Save Marian Street Theatre Committee (SMSTC).

The following members of the public addressed Council on this item:

John Townend

Di Yerbury

Wendy Blaxland

Steve Kerbel

Resolved:

(Moved: Councillors Clarke/Anderson)

A. That Council receives and notes the Save Marian Street Theatre Committee Business Plan and staff continue to work with the Save Marian Street Theatre Committee and the community, in developing plans for the renewal and future management of the Marian Street Theatre utilising the detailed business plan submitted.

B. That Council commits to the renewal of the Marian Street Theatre, consistent with the recent Council resolution, and bases the renewal on a multi-purpose plan concept.

C. That Council recognises that within the Save Marian Street Theatre Business Plan there is a capital funding model but it is also recognised that Council may choose an alternative model.

D. That Council establishes a Project Steering Committee with an agreed set of skills to be determined.

E. That work begins on building the revamped Marian Street ‘Theatre Plus’ within three years.

F. That Council acknowledges and thanks the Save Marian Street Theatre Committee for their contribution and the significant work that has been undertaken to date.

CARRIED UNANIMOUSLY

Councillor Spencer withdrew during discussion

Councillor Spencer returned

187

Blackbutt Creek Floodplain Risk Management Study and Plan - Public Exhibition Submission Review

File: S09478

Vide: GB.9

To review the submissions received as a result of the Draft Blackbutt Creek Floodplain Risk Management Study and Plan public exhibition and endorse the updated Study and Plan.

The following member of the public addressed Council on this item:

Peter Thornton

Resolved:

(Moved: Councillors Clarke/Ngai)

A. That Council adopts the Blackbutt Creek Floodplain Risk Management Study and Plan, with the amendments and corrections detailed in this report.

B. That a copy of the final Blackbutt Creek Floodplain Risk Management Study and Plan be placed on Council’s website.

C. That Council acknowledges the formal submissions made on the Draft Blackbutt Creek Floodplain Risk Management Study and Plan and responds to the authors with the outcomes.

CARRIED UNANIMOUSLY

Councillor Clarke withdrew during discussion

Councillor Pettett withdrew during discussion

Councillor Pettett returned

Councillor Clarke returned

Councillor Ngai withdrew during discussion

Councillor Ngai returned

Councillor Greenfield withdrew during discussion

Councillor Smith withdrew during discussion

Councillor Smith returned

Councillor Greenfield returned

Consideration of submissions on the draft Heritage Conservation Areas: Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area

File: S11437

Vide: GB.11

The following members of the public addressed Council on this item:

Vanessa Bransgrove

Bruce Wedgwood-Oppenheim

Amalie Brockmann

Giles Tabuteau

Stephen McKenzie

Vanessa Bransgrove on behalf of Dali Ren

Dinah Bennett

Timothy Brockman

Stephen Sefton

For Council to consider the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas being Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fern Walk 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).

A procedural motion moved by Councillors Citer and Clarke
that voting on each of the proposed
Heritage Conservation Areas in the motion for item GB.11

be carried out seriatim was CARRIED UNANIMOUSLY.

188

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Citer/Spencer)

That Council resolves to adopt the Planning Proposal to list the amended heritage conservation area Athol Conservation Area as identified in Attachment A9 in Schedule 5 and the Heritage Map of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

CARRIED UNANIMOUSLY

189

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Citer/Spencer)

That Council does not proceed with the inclusion of the Lanosa Heritage Conservation Area (as exhibited) in the adopted Planning Proposal.

For the Resolution: Councillors Clarke, Spencer, Citer and Kelly

Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, 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

190

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Citer/Spencer)

That Council does proceed with the inclusion of the Mona Vale Road Conservation Area (as exhibited) in the adopted Planning Proposal.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Greenfield, Smith, Kelly and Szatow

Against the Resolution: Councillors Clarke, Spencer and Citer

191

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Citer/Spencer)

That Council does not proceed with the inclusion of the Pymble Heights Conservation Area (as exhibited) in the adopted Planning Proposal.

For the Resolution: Councillors Clarke, Spencer, Citer and Kelly

Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, 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

192

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Citer/Spencer)

That Council does not proceed with the inclusion of the Fern Walk Conservation Area (as exhibited) in the adopted Planning Proposal.

For the Resolution: Councillors Clarke, Spencer, Citer and Kelly

Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, 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

193

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Citer/Spencer)

A. That Council, using its delegated authority, proceeds to make the Plan under Section 3.36(2) of the Environmental Planning & Assessment Act 1979.

B. That those who made a submission be notified of Council’s resolution.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Clarke, Spencer, Greenfield, Smith, Kelly and Szatow

Against the Resolution: Councillor Citer

The above was moved as an Amendment to the Original Motion.

(Moved: Councillors Szatow/Kelly)

For the Amendment: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Clarke, Spencer, Greenfield, Smith, Kelly and Szatow

Against the Amendment: Councillor Citer

The Amendment became the Motion

The Original Motion was:

A. That Council resolves to adopt the Planning Proposal to list the amended heritage conservation area Athol Conservation Area as identified in Attachment A9 in Schedule 5 and the Heritage Map of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

B. That Council does not proceed with the inclusion of the Lanosa Heritage Conservation Area (as exhibited) in the adopted Planning Proposal.

C. That Council does not proceed with the inclusion of the Mona Vale Road Conservation Area (as exhibited) in the adopted Planning Proposal.

D. That Council does not proceed with the inclusion of the Pymble Heights Conservation Area (as exhibited) in the adopted Planning Proposal.

E. That Council does not proceed with the inclusion of the Fern Walk Conservation Area (as exhibited) in the adopted Planning Proposal.

F. That Council, using its delegated authority, proceeds to make the Plan under Section 3.36(2) of the Environmental Planning & Assessment Act 1979.

G. That those who made a submission be notified of Council’s resolution.

194

File: S11437

Vide: GB.11

Resolved:

(Moved: Councillors Szatow/Smith)

That Council does proceed with the inclusion of the Lanosa Conservation Area, Pymble Heights Conservation Area and Fern Walk Conservation Area (as exhibited) in the adopted Planning Proposal.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Greenfield, Smith and Szatow

Against the Resolution: Councillors Clarke, Spencer, Citer and Kelly

At 11:51 pm, a Motion moved by Councillors Clarke and Greenfield
to extend the meeting to complete all items within the Business Paper
was put to the vote and
CARRIED

For the Motion: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer, Greenfield, Citer, Smith, Kelly and Szatow

Against the Motion: Councillor Pettett

195

Gordon Public Realm Reference Committee

File: S10078

Vide: GB.10

To have Council consider the establishment of the Gordon Public Realm Reference Committee.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That Council adopts the Terms of Reference for the Gordon Public Realm Reference Committee, with an amendment to the second dot point on page 1 under the heading The tasks of the committee are twofold, to read:
“to review the current Gordon Town Centre Plans.”

B. That a report be brought back to Council for the selection of the Four (4) Community Members.

For the Motion: Councillors Ngai, Pettett, Citer, Kelly and Szatow

Against the Motion: The Mayor, Councillor Anderson, Councillors Clarke, Spencer, Greenfield and Smith

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST of the Motion

No decision was taken in respect of the above matter as the Motion when put to the vote was LOST

The above was moved as an amendment to the Original Motion

(Moved Councillors Ngai/Pettett)

For the Amendment: Councillors Ngai, Pettett, Greenfield, Citer, Smith, Kelly and Szatow

Against the Amendment: The Mayor, Councillor Anderson, Councillors Clarke and Spencer

The Original Motion was:

That Council does not establish a Gordon Public Realm Committee.

Council resolved itself into Closed Meeting
with the Press and Public Excluded to deal with the following item
after a Motion moved by Councillors Ngai and Smith.
was CARRIED UNANIMOUSLY

The Acting General Manager and all staff left the chamber

196

Facilitation of the General Managers Performance Review

File: S11192-1

Vide: C.1

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 sections 10A(2)(a) & 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)(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).

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.

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 5 June 2018

Resolved:

(Moved: Councillors Clarke/Ngai)

That Council appoint Matthew MacArthur to facilitate the General Manager’s performance review process over the next 3 year period.

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 196, and to the resolution contained in such Minute.

The Meeting closed at 12:22 am

The Minutes of the Ordinary Meeting of Council held on 26 June 2018 (Pages 1 - 24) were confirmed as a full and accurate record of proceedings on 24 July 2018.

__________________________ __________________________

General Manager Mayor / Chairperson