Summary of Minutes of the Ordinary Meeting of Ku-ring-gai Council held on 14th February 2023
All councillors present.
Confirmation of the Minutes of the Ordinary Meeting of Council held on 13 December 2022.
Resolved to adopt the Minutes.
MM1 2023 Australia Day Honours and Citizen of the Year Awards
Resolved that Council acknowledges the outstanding contribution made by these recipients of 2023 Australia Day Honours to the Ku-ring-gai community and to the well-being of our society.
PT1 Petition to Ku-ring-gai Council concerning traffic issue at Finchley Place and Burns Road Turramurra.
Resolved that the petition be received and referred to the appropriate officer of council for attention.
GB1 Lindfield Village Hub (LVH) Recommendation to enter into Exclusive Negotiations with a Preferred Proponent
Unsuccessful Motion moved by Crs G taylor and A Taylor: That A. Council authorises the GM to undertake exclusive negotiations with Proponent A with the objective of refining their proposal and agreeing the terms of a PDA B. A report be brought to Council on the outcomes of the negotiations, which if successful may result in Council resolving at a future meeting to execute a PDA with Proponent A. C. Council confirms allocation of proceeds from the future sale of the Lindfield Library site to the Lindfield Village Hub project. This motion was subject to an Amendment by Crs Pettett and Smith: A and B were the same as above with C being replaced by: C. The entire proceeds from the future sale of the existing Lindfield Library will not be quarantined and dedicated to the Lindfield Village Hub project. This amendment was Carried 6-4 Against: Crs Kay, A. Taylor, G Taylor and Ward The Amendment became the Motion which was subject to a successful Foreshadowed Amendment moved by Crs Spencer and A. Taylor: A and B were the same as above with C replaced by: C. The required proceeds from the future sale of the existing Lindfield Library will be quarantined and dedicated to the Lindfield Village Hub project. This amendment was Carried 9-1. Against Cr Lennon
The Amendment became the Motion and was Carried 9-1. Against Cr Lennon
Comment: Council has not been able to secure a financially viable acceptable offer yet for the LVH from any proponent partner. Negotiations will continue. The debate centred around whether all, some or none of the proceeds of the future sale of the existing Lindfield Library site would go towards trying to make the LVH financially viable. This project was originally to be self-funded so as not to impact negatively on other works across Ku-ring-gai. This is particularly relevant now when taking into account the findings outlined in GB3. Financial Sustainability Review (see below).
GB2 Mayoral Donations-July 2021 to 31 December 2022
Resolved that the report be received and noted.
GB3 Financial Sustainability Review
Resolved that Council A. Note the findings and recommendations of the Financial Sustainability Review B. Utilise the Review findings and recommendations to inform the draft Resourcing Strategy, Delivery Program and Operational Plans for 2023/24 to be considered by Council for public exhibition in April 2023.
The report included the following statements: "In response to continuing financial challenges and other external factors impacting on Council and local government more generally, the organisation commissioned a financial sustainability review. Mnay of Council's key assets such as buildings and drains were built many decades ago and over the following generations have not been upgraded or replaced. In this context, Council decided to sell underutilised property to partly pay for new facilities and renew existing assets that would otherwise have been unaffordable. The asset sales strategy was not intended to remedy all of Council's future financial challenges but to deliver some key improvements over the short to medium term. An alternative approach is now required. More recently Council has made decisions that terminate or will delay processes that may lead to the sale of two major assets. Of $111 million requireed in the Long Term Fiancial Plan, the majority was proposed to come from realisations of sale proceeds from two bowling clubs, Pymble Town hall and the Lindfield Library. Asset sales will need to be replaced by loans and a Special Rate Variation to repay these loans.
The report estimates the following funding gap:
*If the scenario includes increased operational and asset renewal costs (100-year stormwater asset life) plus the St Ives and Marian Street Theatre major projects the funding gap would be in the order of $14 million per annum. Should Council fund it solely from rate increases, the estimated Special Rate Variation would be 20%
*If the scenario includes asset renewal (150-year stormwater asset life) and the St Ives and Marian Street Theatre major projects, the funding gap would be in the order of $11.7 million per annum. Should Council fund it solely from rate increases, the estimated Special Rate Variation would be 16.7%
Ku-ring-gai Council's long term financial sustainability requires an agreed plan along with actions to ensure the challenges noted in this report are addressed. The situation is not dire but serious and requires attention. The Council should agree on a strategy that can be implemented over the next two years".
*The Marian Street Theatre project would require additional rates revenue of $3.4 million per annum through a Special Rate Variation of 4.9% and the St Ives project additional rates revenue of $1.8 million per annum through a Special Rate Variation of 2.6% (included in the increases above).
GB4 Analysis of Land and Environment Court Costs-2nd Quarter 2022 to 2023
Resolved that the analysis of Land and Environment Court costs for the year ended 31 December 2022 be received and noted.
GB5 Investment Report as at 30 November 2022
Resolved that A. The summary of investments and performance for November 2022 be received and noted. B. The Certificate of the Responsible Accounting Office be noted and the report adopted.
GB6 Investment Report as at 31 December 2022
Resolved A. The summary of investments and performance for December 2022 be received and noted. B. The Certificate of the Responsible Accounting Office be noted and the report adopted.
GB7 Investment Report as at 27 January 2023
Resolved A. The summary of investments and performance for January 2023 be received and noted. B. The Certificate of the Responsible Accounting Office be noted and the report adopted.
GB8 2022-2023 Budget Review- 2nd Quarter ended December 2022
Resolved that the December 2022 Quarterly Budget Review and the recommended changes be received and noted.
GB9 Minutes of Audit, Risk and Improvement Committee Meeting held on 15 December 2022
Resolved that the Minutes from the Audit, Risk and Improvement Committee meeting held on 15 December 2022 be adopted.
GB10 2023 National General Assembly of Local Government-Call for Motions and Change of June 2023 Public Forum and Ordinary Meeting of Council Date
Resolved that A. Councillors provide any proposed motions for the 2023 NGA to the Manager Governance and Corporate Strategy by Wednesday 22 February 2023 and B. A further report providing details of any proposed motions be referred to Council at its meeting on 21 March 2023 for approval prior to submission to the NGA. C. The June 2023 Ordinary Meetingof Council be moved from 13 June to 20 June 2023.
GB11 Planning Proposal for 1364-1392 Pacific Highway and 1, 1A and 3A Kissing Point Road, Turramurra
Resolved A. note the advice of the KLPP in respoect of the subject Planning Proposal B. resolve not to submit the Planning Proposal to the Minister for a Gateway Determination in accordance with section 3.34 of the Environmental Planning and Assessment Act 1979 and C. advise the proponent accordingly.
Comment: This was a private Planning Proposal seeking to amend the maximum permissible height from 17.5m (approx. 5 storeys) to 50m (approx 15 storeys)
GB12 Draft Pymble Public Domain Plan-Post site inspection
Resolved that Council adopts the Pymble Public Domain Plan.
GB13 Draft Roseville Public Domain Plan-Post site inspection
Resolved that Council adopts the Roseville Public Domain Plan.
GB14 Draft St Ives Public Domain Plan-Post site inspection
Resolved that Council adopts the St Ives Public Domain Plan.
GB15 Post exhibition consideration of submissions-Planning Proposal to heritage list 64 Rosebery Road, Killara and 64 St Johns Avenue, Gordon, and extend the boundary of the St Johns Avenue Heritage Conservation Area.
Resolved that A. Council adopt the Planning Proposal to include 64 Rosebery Road, Killara and 64 St Johns Avenue, Gordon, as local heritage items in Schedule 5 of Ku-ring-gai Local Environment Plan 2015 and to extend St Johns Avenue Conservation Area to include 64 St Johns Avenue Gordon. B. That Council proceed to make the plan using its delegated authority under section 3.36 (2) of the Environmental Planning and Assessment Act 1979.
GB16 8a, 14, 16 Buckingham Road, Killara Consideration of Subissions Exhibited Planning Proposal and DCP
Resolved that A. Council adopt the Planning Proposal to rezone land at 8A, 14 AND 16 Buckingham Road, Killara including the associated amended height, FSR and lot size standards. B. That Council proceed to make the plan, using its delegated authority under section 3.36(2) of the Environmental Planning and Assessment Act 1979.
Comment: This private Planning Proposal sought to amend the Ku-ring-gai Local Environment Plan 2015 (KLEP 2015) to enable the provision of approximately 36-40 new dwellings. The site currently consists of three battle-axe allotments each with a dwelling with individual driveway access.
GB17 NSW Public Spaces Charter-Ku-ring-gai Council As Advocate
Resolved that Council agrees to become a signatory to the NSW Public Spaces Charter.
GB18 Proposed Construction of New Grandstand and Associated Facilities-North Turramurra Sporting Fields
Unsuccessful Motion moved by Crs Spencer and Ngai: That Council reassess the current risks associated with the project and continue to negotiate the terms of a Heads of Agreement with the Northern Suburbs Football Association (NSFA) including addressing community issues and reporting back to Council. This motion was subject to a successful Amendment moved by Crs Pettett and Smith: That A. Receive and note updates contained within this Report. B. Note that while the project falls below the $10 million threshold for a formal Capital Expenditure Review to be prepared and submitted to the Office of Local Government, Council's own recent practice is to prepare a Capital Expenditure Review for projects over $5 million. C. Note that funds to pay Council staff, cost planning, legal fees and associated costs in the negotiation of a HoA will be covered by existing Council budgets. D. Note that the project falls within the definition of a "major project"from Council's own internal project management processes and would consequently fall under the oversight of the Major Project Steering Committee and Major Project Advisory Committee. E. Note that transaction documents associated with delivery of the facility would be broadly based on equivalent document prepared for the St Ives High School Basketball Courts, with all capital costs, operating costs and whole of life cycle costs to be borne by the NSFA. F. Note that this proposal is not driven by financial outcomes, but rather the economic, social and environmental value offered to the community, including the health benefits for players through increased activity and recereational outcomes. Further, from a strictly financial perspective, the project may not be financially feasible. G. Accept the potential risks, costs and benefits associated with the project as discussed in this report at this point in time, and that a further report to Council outlining the terms of the HoA be presented to Council prior to execution. H. Note finalisation of transaction documents associated with the project would also be referred to Council for consideration prior to execution.
The Amendment was Carried 6-4 Against Crs Kay, Ngai, Spencer and G. Taylor The Amendment became the Motion.
Carried 6-4 Against Crs Kay, Ngai, Spencer and G. Taylor
A Notice of Motion to rescind the above Resolution was submitted and signed by Crs Spencer, Kay and Ngai.
A Procedural Motion was then moved by Crs Smith and Wheatley to deal with the rescission.
Resolved that the Rescission Motion submitted by Crs Spencer, Kay and Ngai in respect to GB18 be dealt with at the meeting due to the urgency of the matter.
Carried 6-4. Against Crs Kay, Ngai, Spencer and G. Taylor
Mayor ruled that the matter was of great urgency in accordance with Clause 9.3 and 17.11 of Council's Code of Meeting Practice.
The Rescission Motion from Crs Spencer, Kay and Ngai was Lost 3-7 Against Crs Pettett, Lennon, Ngai, Smith, A. Taylor, Ward and Wheatley.
Notices of Motion
NM1 Aligning General Manager Performance Agreement Practices with Office of Local Government Guidelines
Council went into Closed Session.
Resolved that A. Regarding the parameters of the General Manager's performance agreement i) For the financial year commencing 1 July 2023, and for each subsequent financial year, the parameters should be reviewed by a panel comprised of the Mayor and two other councillors chosen by the governing body. The General Manager may also (optionally) nominate a fourth councillor to sit on this panel. ii) The composition of the panel will be decided by the council in the month (June) immediately preceding the financial year. iii) Councillors who are not members of the panel may still provide input to the performance agreement through dialogue with panel members. iv) The panel will meet with the General Manager in the first quarter of each financial year (July to September) to review and agree on the parameters of the annual performance agreement before presenting them to the council for adoption.
Comment: A panel of this nature is recommended in OLG Guidelines but when previously considered by Ku-ring-gai Council some years ago there was a strong view that all councillors should be equally involved in the General Manager's performance and this was far more desirable than a small committee of three or four councillors.
C1. Audit, Risk and Improvement Committee Membership
Resolved that the following appointments be made to the Audit, Risk and Improvement Committee 1. Applicant 1 as Chair of the ARIC for a period of two years commencing from 1 March 2023. 2. Applicant 4 be appointed as Independent Member of the ARIC for a period of two years commencing 1 March from 1 March 2023.
Summary prepareed by Jennifer Anderson ... See more