Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 7 October 2014 AT 7.00pm

Level 3 Council Chambers

Agenda

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NOTE: For Full Details, See Council’s Website –

www.kmc.nsw.gov.au under the link to business papers

BOOK 1

APOLOGIEs

DECLARATIONS OF INTEREST

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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 the following Confidential Report:

C.1 Review Panel to Carry Out the General Manager’s Performance Review

Address the Council

NOTE: Persons who address the Council should be aware that their address will be tape recorded.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 10

File: S02131

Meeting held 16 September 2014

Minutes numbered 299 to 306

minutes from the Mayor

MM.1 VALE Neroli Lock 21

File: CY00455/2

I am saddened to advise my Councillor colleagues and our community of the passing of one of our most dedicated environmental volunteers Neroli Lock.

Neroli was an integral part of Ku-ring-gai’s Bushcare volunteer program, joining in 1991. Right up until ill health forced her to step down only weeks ago, Neroli could be found - trowel in hand and always with a smile - working tirelessly to rid Ku-ring-gai of weeds and protect our beautiful environment.

She mentored and encouraged countless other volunteers to share her passion for the local environment. Neroli worked on sites such as William Lewis Park, Ivor Wyatt Reserve and Browns Forest, the latter where she was convenor of the local Bushcare group, as well as further afield when the need arose.

One particular project in which she played a leading part was the saving of an area of Blue Gum High Forest at Rosedale Road in St Ives, by persuading the Council to purchase the site for permanent protection. This site was to form an extension of the Dalrymple Hay Nature Reserve as it is today. To mark this event, Neroli co-authored a book with other volunteers called The Blue Gum Discovery Kit to help others recognise and protect this critically endangered tree.

Neroli was a great networker, who quickly realised the value of having good relationships with people in all three levels of government. Neroli was able to help secure many valuable grants for various Bushcare groups and she also played a central role in on-the-ground work where liaising with officers from government agencies such as National Parks was crucial to a project’s success. I’m pleased to say that the Council recognised Neroli’s commitment and powers of persuasion by making her a member of our Bushcare advisory group and of our advisory panel on the Ku-ring-gai environmental levy.

Neroli’s contribution to Ku-ring-gai’s environment extended beyond Bushcare to other community-based groups such as STEP, which was formed in the early 1970s ‘to preserve all natural bushland within Ku-ring-gai and its environs from alienation and degradation.’ She was also for many years Chair of the local committee of the Keep Australia Beautiful organisation.

Despite a decade of ill health, Neroli’s drive to do good and her enthusiasm for Ku-ring-gai’s environment never wavered. She has left a legacy of selfless dedication which will be hard to replace and for which we are deeply grateful. On behalf of the Council I offer my sincere condolences to her husband Harry, her family and her many friends at this sad time.

Petitions

GENERAL BUSINESS

i. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to have a site inspection.

ii. The Mayor to invite Councillors to nominate any item(s) on the Agenda that they wish to adopt in accordance with the officer’s recommendation allowing for minor changes without debate.

GB.1 Ku-ring-gai Amateur Swimming Club Inc - Licence of Club Room -
Ku-ring-gai Fitness and Aquatic Centre - West Pymble 23

File: S10142

For Council to grant a licence agreement to the Ku-ring-gai Amateur Swimming Club (KASC) Inc to occupy club room premises located within the Ku-ring-gai Fitness and Aquatic Centre (KFAC) at Bicentennial Park West Pymble.

Recommendation:

That Council approve the granting of a licence agreement to Ku-ring-gai Amateur Swimming Club Inc (KASC) for occupation of the club room located within the Ku-ring-gai Fitness and Aquatic Centre West Pymble.

GB.2 Disclosures of Interest Returns Register 29

File: CY00440/2

To table Council’s Disclosure of Interest Returns Register in accordance with Section 449 of the Local Government Act 1993.

Recommendation:

That the tabling of the Disclosure of Interest Returns Register be noted.

GB.3 Policy for the Payment of Expenses and Provision of Facilities to Councillors 32

File: S03779/2

To recommend the exhibition of an updated Policy for the Payment of Expenses and Provision of Facilities to Councillors

Recommendation:

That the updated Policy for the Payment of Expenses and Provision of Facilities to Councillors be endorsed for placing on public exhibition. That the draft policy be placed on public exhibition for a period of 28 days, during which time comment on the policy will be requested. That a further report be provided to Council immediately following the public exhibition period detailing all comments received, with a recommendation of a final policy.

GB.4 Delegation of Authority - Mayor and Deputy Mayor - 2014/2015 89

File: CY00259/6

For Council to give consideration to granting Delegations of Authority to the Mayor and Deputy Mayor.

Recommendation:

That the Delegations of Authority as outlined in the Attachment A1 be granted to the Mayor and that the Delegations of Authority as outlined in Attachment A2 be granted to the Deputy Mayor.

GB.5 Municipal Association of Victoria Age-Friendly Communities and Local Government National Conference - A Commitment to Change 94

File: CY00043/6

To advise Council of the Municipal Association of Victoria Age-friendly Communities and Local Government National Conference – A Commitment to Change.

Recommendation:

That all interested Councillors advise the General Manager of their interest in attending the Municipal Association of Victoria Age-friendly Communities and Local Government National Conference by Friday, 10 October 2014.

GB.6 Investment Report as at 31 August 2014 100

File: S05273

To present Council’s investment portfolio performance for August 2014.

Recommendation:

That the summary of investments performance for August 2014 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.7 National Local Roads and Transport Congress in Tamworth 109

File: S03779/2

To advise Council of the 2014 National Local Roads and Transport Congress in Tamworth.

Recommendation:

That all interested Councillors advise the General Manager of their interest in attending the 2014 National Local Roads and Transport Congress by Friday, 10 October 2014.

GB.8 Update Report on the Development Contributions System 124

File: S06785/3

The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.

Recommendation:

That the information in the report be received and noted and that Council authorises the commencement of the drafting of a fixed rate levy contributions plan (being an indirect contributions plan) for development that is currently exempt from, or not explicitly covered by, direct development contributions and that a report be brought back to Council prior to exhibition.

GB.9 Amendments to Lindfield Library Site Plan of Management for Public Exhibition 147

File: S06604/2

To amend the Lindfield Library Site Plan of Management to expressly authorise the private residential leasing of the former Arrunga Aged Care Self-Contained Units and place the draft Plan on public exhibition.

Recommendation:

That Council amend the draft Lindfield Library Site Plan of Management to expressly authorise the leasing of the former Arrunga Aged Care Self-Contained Units for private residential purposes and that the draft Lindfield Library Site Plan of Management be placed on public exhibition for a period of 28 days plus a further 14 days for submissions in accordance with the Local Government Act 1993 and also that the draft Lindfield Library Site Plan of Management be brought back to Council following public exhibition to consider any public submissions received and adopt the Plan.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Procedures 186

File: S09469

Notice of Motion from Councillor Malicki dated 25 September 2014

I move that the following procedures operate in Ku-ring-gai Council and that the relevant Codes be altered to reflect the changes. If there is any requirement to exhibit these changes, then these procedures be trialled in the interim.

“A All Council meetings commence with the Mayor seated in the front of the Chamber. At the appointed time, the Mayor will ask all present to rise for the Prayer and Recognition of the Traditional Custodians then continue with the approved Order of Meeting items.

B If any Councillor calls for a Dissent to be recorded, that Councillor’s Dissent will be included in the Minutes as well as the vote for and against any resolution. Minutes will record the names For and Against the motion, then will add “Councillor X Dissenting”.

C All Councillors are to be recognised equally on plaques, at functions, openings and in any media released by Council, bearing in mind that the Mayor and the General Manager are Council's official spokespeople. If necessary a policy should be prepared to clarify the details of this practice.”

NM.2 Sale of 828 Pacific Highway Gordon 187

File: S09582

Notice of Motion from Councillor Ossip dated 29 September 2014

On 20 March 2012, the previous Council made the significant decision to acquire 828 Pacific Highway, Gordon as the new administration building for Council. The building was to cost $23 million and be financed through debt. To fund this acquisition, Council resolved to reclassify and potentially dispose of 23 properties which were deemed to be ‘surplus and under-utilised Council assets’.

This decision was made in a confidential meeting of Council, with no public consultation on either the purchase of the new facility or the potential disposal of such a significant number of community facilities. The Council was evenly divided on the purchase and the Mayor, Councillor Anderson, used her casting vote on such a monumental issue to purchase the new building and plunge the Council into significant debt.

This decision by the previous Council has been greeted with much fury and concern from the community. In my mind, the community’s consternation and dismay at the purchase of what has been termed Council’s ‘Taj Mahal’ is entirely justified. To purchase a facility whose need was never fully justified to the public through incurring substantial debt and then relying upon the sale of treasured community properties to pay back the debt is bewildering and an example of poor public policy. Doing this only a few months before a Council election denied residents the ability to make a fully informed decision at the ballot box.

When I was running for election in 2012, I had no idea that Council had made such a significant investment and I was unaware of the significant costs which would accrue to the community in the process. As a fiscal conservative who believes in government living within its means, it is fair to say that I was shocked and most concerned when I was briefed on the purchase after I was elected.

Thus far, there have been immense difficulties in the reclassification process with tremendous community outrage at the potential sale of valued community assets like Gordon Community Preschool, the Lifeline building and Culworth Avenue car park. It is unacceptable that 7,000 residents can sign a petition protesting against the reclassification of the Culworth Avenue car park and yet, the Council, continues to ignore the clear wishes of residents.

There have also been significant delays in moving into the new facility as well as substantial cost overruns in the fitting out of Council’s new administration headquarters. To date, Council has spent $24.3 million on the new facility – all financed through debt. Despite this, it is still uncertain when the facility will be fit for use.

In recent weeks, the State Government has also released its Fit for the Future Package which is its response to the Independent Local Government Review Panel’s recommendations on the future of local government. As we are all aware, it has been recommended that Ku-ring-gai Council merge with Hornsby Council. If such a merger were to occur, the need for the new administration facility would no longer exist. However, by that stage, a number of valued community assets would have already been disposed of. Therefore, it is of crucial importance that we put an end to the reclassification and potential disposal of community assets before it is too late and they are gone forever.

It is now time for Council to have a debate on the new administration facility in public and with community input – something which should have occurred two years ago. If certain Councillors believe that Council should continue along its current course, then they must stand up and justify their views to the community.

I most certainly do not. In the name of responsibility, the time is now to change the course upon which the previous Council has put us on. We must sell 828 Pacific Highway, pay back the debt and let Council return to what should be its primary concern – the provision of high quality local infrastructure such as roads and footpaths. It is time for Council to listen to its ratepayers and get back to basics.

I therefore move that:

“1. All planning and expenditure related to the fit out of 828 Pacific Highway, Gordon cease immediately.

2. Council begin the process of divesting of 828 Pacific Highway, Gordon with all proceeds from the sale to be used to pay off existing Council debt.”

NM.3 10/50 Vegetation Clearing Code Meeting with Rural Fire Service (RFS) Commissioner 189

File: S10321

Notice of Motion from Councillor Berlioz dated 29 September 2014

On 1 August 2014 the NSW Government implemented the 10/50 Vegetation Clearing Code of Practice allowing easy removal of vegetation within areas designated by RFS as Vegetation Clearing Entitlement Areas.

It should be noted that maps of Vegetation Clearing Entitlement Areas were never exhibited for public comment.

While Council fully supports sound bushfire management plans and the need to keep people and properties safe, the Code is flawed and requires amendments to make sure it is used appropriately, is effective and does not cause irrevocable environmental damage. On 9 September 2014 Council unanimously resolved to make representation to the Minister for Police and Emergency Services and the Minister for the Environment and request a suspension of the Code while a full consultative review is undertaken.

Since that time, many residents have expressed their concern, both publicly and directly to council, at the widespread loss of landmark trees, the constant sound of chainsaws and the extensive destruction of vegetation. In the two months since the Code has been effective Ku-ring-gai has recorded the removal of over three hundred trees including significant 30 and 40 metre high trees and threatened species. Reports from property owners and tree loggers indicate that the code is also being used for removal of trees for reasons other than bushfire protection.

On examining the Ku-ring-gai council map of Vegetation Clearing Entitlement Areas, it is evident that if everyone exercised their rights under the new code to clear vegetation without approval within these areas, half the urban area of Ku-ring-gai would lose its canopy trees and understory habitats.

This would not only dramatically change the character of the area but its environmental impact would be severe, with destruction of vegetation that provides essential wildlife habitat and green corridors. As the 10/50 Vegetation Clearing Code overrides the NSW threatened species legislation, the future of threatened species and ecological communities is also at risk.

In a media release from the Premier of NSW on 29 May 2014, Police and Emergency Services Minister Stuart Ayres states the RFS Commissioner is responsible for determining the 10/50 Vegetation Clearing Entitlement Areas.

In a recent press article, a spokesman for the Minister Ayres is quoted as stating that if any council has concerns it should discuss those concerns with the RFS Commissioner.  The spokesman also stated the possible RFS review of the code in 12 months.

At the current rate of destruction, any such review of the code and associated Clearing Entitlement Areas will be too late to prevent unnecessary tree removal and irrevocable and widespread environmental destruction. Furthermore, residents may be lulled into a false sense of security relying on the new self-assessable code instead of professionals from RFS to assess bushfire risk.

Section1. Introduction of the 10/50 Vegetation Clearing Code of Practice for NSW, states…“The Commissioner of the NSW Rural Fire Service (NSW RFS) may review this 10/50 Code at any time.“

I therefore move that:

“A. The General Manager, accompanied by appropriate staff, requests an urgent meeting with the RFS Commissioner, Shane Fitzsimmons, in order to discuss council’s concerns with the new 10/50 Vegetation Clearing Code of Practice, the designated Vegetation Clearing Entitlement Areas and its consequences on the Ku-ring-gai area and its residents.

B. The General Manager also requests that the RFS Commissioner immediately review the 10/50 Vegetation Clearing Entitlement Area for Ku-ring-gai.”

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 Review Panel to carry out the General Manager's Performance Review

File: CY00254/6

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(a), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(a) of the Act permits the meeting to be closed to the public for business relating to personnel matters concerning particular individuals (other than Councillors).

Confidential Notice of Motion from Councillor Malicki dated 25 September 2014

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 16 September 2014

Present:

The Mayor, Councillor J Anderson (Chairperson) (Roseville Ward)

Councillors E Malicki & J Pettett (Comenarra Ward)

Councillors D Citer & C Szatow (Gordon Ward)

Councillors C Berlioz & D Ossip (St Ives Ward)

Councillor D Armstrong (Roseville Ward)

Councillors C Fornari-Orsmond & D McDonald (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Manager Corporate Communications (Virginia Leafe)

Manager Records & Governance (Matt Ryan)

Minutes Secretary (Christie Spry)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

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 David Citer declared a significant non-pecuniary interest in part of Item GB.4 - Representation on External Committees and Organisations (advised that he is the Manager of Ku-ring-gai Youth Development Service [KYDS]) and that he will leave the Chamber for the debate and voting of Council's representative and/or alternate for the Ku-ring-gai Youth Development Service Inc Management Committee.

Address the Council

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

W Blaxland - Marian Street Theatre

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor adverted to the documents circulated in the Councillors’ papers and advised that the following matters would be dealt with at the appropriate time during the meeting:

Late Items:

Minutes of Ordinary Meeting of Council held 9 September 2014

Refer MM.2 – VALE Gilbert Merlo

CONFIRMATION OF MINUTEs

299

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 9 September 2014

Minutes numbered 286 to 298

Resolved:

(Moved: Councillors Fornari-Orsmond/Pettett)

That Minutes numbered 286 to 298 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

For the Resolution: The Mayor, Councillor J Anderson, Councillors Armstrong, Berlioz, Citer, Fornari-Orsmond, Malicki, McDonald, Pettett and Szatow

Against the Resolution: Councillor Ossip

minutes from the Mayor

300	VALE Brian Watson File: CY00455/2 Vide: MM.1
	The following member of the public addressed Council: J Hooke
	On behalf of Ku-ring-gai Council I would like to pay tribute to the life of Brian Harvey Watson, who sadly passed away on Tuesday 12 August 2014, aged 72 after an 11 month battle with pancreatic cancer. Brian was a man of both the city and the country who made significant contribution to the welfare of rural communities both at home and abroad, to his local community in Ku-ring-gai and to the institutions which shaped his life. He was born in Sydney in 1942, educated at Rose Bay Public in the 40s and went to Shore through to the late 50s, was further educated at Sydney University as a resident of St Paul’s College and then at Oxford University as a resident of University College. Brian grew up in Goulburn and on the family property, Nanangroe on the banks of the Murrumbidgee. In the late 70’s and 80’s he managed Australian Aid agricultural projects with farmers in Kenya, Thailand, Indonesia, the Philippines, Fiji and Papua New Guinea. Brian then transitioned to more domestically focused work as a consultant economist, ultimately joining the Sloane Cook and King consultancy partnership where he was to remain until his retirement in 2012. He regularly applied his extensive experience gained from working with government agencies, to tackling local community issues with the exacting professionalism and procedural accuracy for which he was highly regarded. Brian was a resident of Killara for the last 30-odd years, together with his family, whom he dearly loved. He was a driving force behind successful community campaigns on local issues in Killara and further afield. These included retaining the Culworth Avenue Car Park in Killara, replacing the footpath on the northern side of Marian Street, standing up for the preservation of heritage conservation standards, fighting for the preservation of biodiversity standards in Ku-ring-gai such as the retention of Sydney Blue Gums on development sites and bringing attention to the need for Ku-ring-gai Council to set specific conditions for multi-story developments regarding the storage and removal of garbage. It even extended to working with Clarence Valley Council to protect the sand dunes and properties of Wooli on the NSW north coast. When he wasn’t focused on working for the betterment of his community, Brian was usually spending time with his grandkids, gardening, playing bridge or tennis. He also loved his rugby, cricket, symphony, opera, target shooting, polo, skiing, windsurfing, genealogy and wine. Never one to give up the good fight, Brian was an extraordinarily courageous, tenacious, resilient and determined man. He was always willing to stand up for himself and for others and their rights. Brian believed strongly something started should be finished and done to the best of one’s ability. He was a man with a very strong social conscience and a champion of the values which we in Ku-ring-gai hold dear: our natural and built habitat and our amenity. On behalf of Ku-ring-gai Council, I would like to pay tribute to Brian Watson’s life and send our sincere condolences to his family.
	Resolved: A. That the Mayoral Minute be received and noted. B. That we stand for a minute’s silence to honour Brian Watson. C. That the Mayor write to Mr Watson’s family and encloses a copy of the Mayoral Minute. CARRIED UNANIMOUSLY

One Minutes silence was observed

301	VALE Gilbert Merlo File: CY00455/2 Vide: MM.2
	I was shocked and saddened to hear of the untimely passing of Gilbert (Gil) Merlo, aged 53 years, following a heart attack on Wednesday, 3 September. Gil was President of the Lindfield Football Club and – as the father of three young daughters – a passionate believer in young girls and women’s ability to play ‘the beautiful game’. Despite his responsibilities as Managing Director of Voith Paper in Australia and New Zealand, Gil willingly gave enormous amounts of his time to coach junior teams and help administer the club. Under his guidance, Lindfield Football Club achieved the distinction of being the first to have a female team win the Champion of Champions Award in 2013. His friend Umberto Righetti has eloquently summed up the legacy Gil has left to football in Ku-ring-gai. “I often talk fondly about how Lindfield FC grew from over 700 registered players to 2000 players over the seven years that I proudly served on the Committee. A huge factor in this was Gil’s vision and leadership. He set about with a plan that would bring money into the club through sponsorship that was invested in player development and encouraging young girls to join. Word soon spread about the quality of coaching and the friendliness of our club with the result that teams of girls playing school football joined in droves.” I attended Gil’s funeral last Thursday at Corpus Christie Church St Ives with Roger Faulkner, from staff and former Roseville Ward councillors, Maureen Shelley and Rakesh Duncombe who, like me, had witnessed first-hand Gil’s dedication and commitment to his community. I am sure I speak on behalf of all the Councillors to say what a loss has been felt by Gil’s passing. So many grassroots organisations, such as Lindfield Football Club, depend on the goodwill and dedication of people such as Gil Merlo. His passing will leave a huge void which will be difficult to fill, but I am sure that he would want his vision to be continued by others. I am mindful however that our community’s loss cannot compare with the loss suffered by his widow Rachael and his beloved daughters Aiyana, Kashia and Lianne. On behalf of the Council I express my most sincere condolences to them at this time of great sadness in their lives.
	Councillor Ossip withdrew before voting on the Mayoral Minute
	Resolved: A. That the Mayoral Minute be received and noted. B. That we stand for a minute’s silence to honour Gilbert Merlo. C. That the Mayor write to Mr Merlo’s family and encloses a copy of the Mayoral Minute. CARRIED UNANIMOUSLY by those present

One Minutes silence was observed

Councillor Ossip returned

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

302

10/50 Vegetation Code

File: S10321

Vide: NM.1

Notice of Motion from Councillors Berlioz and Malicki dated 8 September 2014

Under the new 10/50 Vegetation Clearing Code introduced by the Government on
1 August 2014, residents on land within a designated '10/50 vegetation clearing entitlement area' will be allowed to clear trees within 10 metres of a home without seeking approval and clear underlying vegetation such as shrubs within 50 metres of a home without seeking any approval from Council or Rural Fire Services (RFS). The ‘clearing entitlement area’ extends 350 metres beyond the boundary of property with bush. This means that Ku-ring-gai council could potentially lose 350 hectares of vegetation or half of its urban area could be cleared.

The intention of the Code is to remove red tape to allow landowners to protect their homes against bushfires. Saving homes and people in bushfires remains paramount. However, multiple councils and reputable associations such as the Local Government NSW and the Nature Conservation Council have publicly expressed grave concerns for the unintentional consequences of the Code.

Some issues for Ku-ring-gai are:

· The final Code of Practice does not address issues raised by a number of submissions, including Council’s.

· The compliance, regulation and monitoring issues remain unresolved.

· Reducing the amount of vegetation that can act as fuel only deals with one aspect of bushfire management.

· The Code undermines the current risk based management requiring expert input from experts from the RFS which takes into account aspects such as the combustibility of vegetation, the natural topography of land, the construction material of buildings and ember attacks which should also be considered.

· The new Code is self – assessable and open to misuse by landowners using it to clear land for reasons other than for bushfire protection. The lack of formal approval process inevitably carries a risk of noncompliance.

· Landowners do not need to consider threatened species, their habitat or endangered ecological communities. There are six endangered ecological communities in Ku-ring-gai likely to be impacted.

· Council and the community have made extensive investment in activities to protect the area’s high biodiversity values. Under the Code Ku-ring-gai Council could potentially lose 350 hectares of vegetation or half of its urban area.

The broad-brush approach and hastily legislated Code ignores the potential devastating environmental impacts of the Code and the importance of RFS input and approval in bushfire management of individual properties.

We move that:

“• Ku-ring-gai Council opposes the implementation of the10/50 Vegetation Code and seeks suspension of the Code for the metropolitan area whilst a full consultative review is undertaken to assess its impacts.

• A proper consultative process should be undertaken with all stakeholders about how the Code can be amended to avoid unintentional consequences resulting from its application.

• Council writes to the Premier, Mr Baird and the Minister for the Environment,
Mr Rob Stokes informing them of Council’s decision and reasons substantiating it.”

Resolved:

(Moved: Councillors Malicki/Pettett)

That the above Notice of Motion be withdrawn.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

The Mayor, Councillor Anderson vacated the Chair

303	Election of the Mayor for the 2014/2015 Mayoral Term File: S03662 Vide: GB.1
	The following members of the public addressed Council: J Hooke J Watson
	To elect the Mayor for the period 2014/2015.
	Resolved: (Moved: Councillors Malicki/Szatow) That the Council elect the Mayor for the 2014/2015 term using the ordinary ballot method. For the Resolution: Councillors Berlioz, Ossip, Pettett, Szatow and Malicki Against the Resolution: Councillors Anderson, Armstrong, Citer, McDonald and Fornari-Orsmond As the voting was equal, the General Manager (Returning Officer) was required to draw by lot and the ordinary ballot method was drawn The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was: (Moved: Councillors McDonald/Armstrong) That the Council elect the Mayor for the 2014/2015 term using the open voting method. The General Manager announced that there were 2 nominations for the position of Mayor. Councillors Anderson and Malicki were nominated and accepted nomination. Two members of the public were invited to act as scrutineers for the election. The General Manager conducted the ballot in the manner resolved. The ballot resulted in 6 votes being received for Councillor Anderson. and 4. votes for Councillor Malicki. Councillor Jennifer Anderson. was duly elected to the position of Mayor for the 2014/2015 term.

304

Election of Deputy Mayor for the 2014/2015 Term

File: S03662

Vide: GB.2

To elect the Deputy Mayor for the 2014/2015 term.

Resolved:

(Moved: Councillors Malicki/Szatow)

That Council elect the Deputy Mayor for the 2014/2015 term using the same election method as was used for the election of the Mayor – the ordinary ballot method.

CARRIED UNANIMOUSLY

The General Manager announced that there were 2 nominations for the position of Deputy Mayor.

Councillors Fornari-Orsmond and Malicki were nominated and accepted nomination.

Two members of the public were invited to act as scrutineers for the election.

The ballot resulted in 6 votes being received for Councillor Fornari-Orsmond and 4 votes for Councillor Malicki.

Councillor Fornari-Orsmond. was duly elected to the position of Deputy Mayor for the 2014/2015 term.

The Mayor, Councillor Anderson took the Chair

305

Election of Chairpersons/Deputy Chairpersons Reference and Advisory Committees 2014/2015

File: S02080

Vide: GB.3

For Council to give consideration to the election of the Chairpersons/Deputy Chairpersons for Council’s Reference and Advisory Committees.

Resolved:

(Moved: Councillors Szatow/McDonald)

That Council make appointments to the nominated Reference and Advisory Committees for the 2014/2015 term, as follows:

A. That Council elect Councillor Armstrong as Chairperson and Councillor Berlioz as Deputy for the Flood Risk Management Reference Committee.

B. That Council elect Councillors McDonald and Pettett as members of the Audit and Risk Committee (noting that the Committee is chaired by an independent community member, Mr John Gordon) and further that other Councillors are invited to attend as observers as previously has occurred.

C. That Council elect Councillor Szatow as Chairperson and Councillor Berlioz as Deputy for the Heritage Reference Committee.

D. That Council elect Councillor Berlioz as Chairperson and Councillor Armstrong as Deputy for the Ku-ring-gai Traffic Committee.

CARRIED UNANIMOUSLY

306

Representation on External Committees and Organisations

File: CY00430/2

Vide: GB.4

For Council to make appointments to external Committees and organisations for the 2014/2015 term.

Resolved:

(Moved: Councillors McDonald/Berlioz)

A. That Council make appointments to the nominated external Committees and organisations, as follows:

The Ku-ring-gai Police and Community Safety Committee

Representative: Councillor Szatow

Ku-ring-gai Meals on Wheels Inc

Representative: Councillor McDonald

Alternate: No nominee

Eryldene Trust

Representative: The Mayor, Councillor Anderson

Hornsby/Ku-ring-gai Bushfire Management Committee

Representative: Councillor Citer

Alternate: Councillor Fornari-Orsmond

Metropolitan Public Libraries Association

Representative: Councillor Szatow

Rural Fire Service District Liaison Committee

Representative: Councillor Citer

Alternate: Councillor Armstrong

Northern Sydney Regional Organisation of Councils (NSROC)

Mayor, Councillor Anderson (automatic appointment)

A. That Councillor Malicki be nominated as Council's second delegate to the Northern Sydney Regional Organisation of Councils (NSROC).

B. That Councillor Citer be nominated as Council's alternate to the Northern Sydney Regional Organisation of Councils (NSROC).

Councillor Citer declared a significant

non-pecuniary interest in respect of the nomination and

voting on the following item and withdrew from the Chamber

taking no part in discussion and voting on the item

Ku-ring-gai Youth Development Service Inc Management Committee (KYDS)

Representative: Councillor Szatow

Alternate: Councillor Pettett

Councillor Citer returned

Greater Sydney Local Land Services Local Government Advisory Group

Representative: Councillor Berlioz

B. That the external Committees and organisations be informed of Council’s nominated representatives.

CARRIED UNANIMOUSLY

The Meeting closed at 8.15pm

The Minutes of the Ordinary Meeting of Council held on 16 September 2014 (Pages 1 - 11) were confirmed as a full and accurate record of proceedings on 7 October 2014.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 7 October 2014	GB.1 / 22

Item GB.1	S10142
	25 August 2014

Ku-ring-gai Amateur Swimming Club Inc - Licence of Club Room - Ku-ring-gai Fitness and Aquatic Centre - West Pymble

EXECUTIVE SUMMARY

purpose of report:	For Council to grant a licence agreement to the Ku-ring-gai Amateur Swimming Club (KASC) Inc to occupy club room premises located within the Ku-ring-gai Fitness and Aquatic Centre (KFAC) at Bicentennial Park West Pymble.

background:	Ku-ring-gai Amateur Swimming Club Inc. has operated from the Ku-ring-gai Fitness and Aquatic Centre West Pymble (formerly West Pymble Pool) for over 40 years.

comments:	A new club room has been built for the KASC within the redeveloped centre. The club has committed to expended funds for the upgrade of the club room and wishes to secure its tenure with a new term licence agreement.

recommendation:	That Council approve the granting of a licence agreement to Ku-ring-gai Amateur Swimming Club Inc (KASC) for occupation of the club room located within the Ku-ring-gai Fitness and Aquatic Centre West Pymble.

Purpose of Report

Background

Ku-ring-gai Amateur Swimming Club Inc (KASC) has operated from the Ku-ring-gai Fitness and Aquatic Centre West Pymble (formerly West Pymble Pool) for swimming activities since 1969 in providing opportunities for young people to learn to swim and participate in swimming competitions.

Comments

Ku-ring-gai Amateur Swimming Club Inc is a community based not for profit organisation that returns funds from its operations into the ongoing development and promotion of swimming for young people.

A new club room has been built for the KASC at the same location as the former room premises as part of the redevelopment of the West Pymble pool (refer Attachment) and KASC has undertaken to carry out fit out of these premises.

Council has entered into a contract with the YMCA of Sydney for management of the new Ku-ring-gai Fitness and Aquatic Centre in August 2014. The YMCA will oversee all swimming activities at the centre and KASC will be responsible for liaising with the YMCA for any planned swim activities (including lane allocations) at the centre. Access to the club room by KASC is only permitted during times when the centre is open for public use.

integrated planning and reporting

Community People and Culture

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C3.1 A community where opportunities are provided for all voices to be heard and where community stewardship, participation and engagement is supported and promoted. C4.1 A community that embraces healthier lifestyle choices and practices.	C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing. C4.1.2 New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.	Develop and implement sports programs in co-operation with local sporting clubs and providers.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C3.1

A community where opportunities are

provided for all voices to be heard and where community stewardship, participation and

engagement is supported and promoted.

C4.1

A community that embraces healthier lifestyle choices and practices.

C4.1.1

A range of cultural, recreational and leisure facilities and activities

are available to encourage social interaction and stimulate everyday wellbeing.

C4.1.2

New and enhanced open space

and recreational facilities have

been delivered to increase

community use and enjoyment.

Develop and implement sports programs in co-operation with local sporting clubs and providers.

Governance Matters

The premises are located in the Comenarra Ward and is zoned Recreation Existing 6 (a). The Planning Instrument is Ku-ring-gai Planning Scheme Ordinance.

The Ku-ring-gai Fitness and Aquatic Centre is classified as Community Land in accordance with the Local Government Act (1993).

The facility is covered under the Bicentennial Park Plan of Management (adopted 20 September 2011). Under the plan, Council may, by resolution, enter into contracts and lease/licence agreements with relevant authorities, organisations, individuals, or companies in relation to the provision of services or utilities in accordance with the objectives of this plan and legislative requirements.

In addition to the above, the proposed licence complies with the conditions of Section 47 of the Local government Act 1993 and Council’s Policy for Management of Community and Recreation Land and Facilities (the Policy).

The new pool redevelopment is guided by the Community Strategic Plan 2030 and is also identified in Council’s Delivery Program and Operational Plan 2011-2015.

Risk Management

There are a range of risks associated with opening a new Ku-ring-gai Fitness and Aquatic Centre, however these will be managed through a sound contract with the YMCA, an experienced operator with a commitment to delivering quality programs and services to the community.

KASC will indemnify Council by undertaking contents insurance as well as $20 million Public Liability Insurance. Evidence of currency is to be supplied to Council.

Financial Considerations

The club has committed a financial contribution in fitting out the premises which is estimated to be in excess of $10,000. Due to this significant financial contribution by KASC, it is recommended that the licence fees be waived for 12 months, under this licence period, and a new valuation be undertaken before September 2015.

Additionally, in accordance with Council’s Policy for Management of Community and Recreation

Land and Facilities, KASC is obliged to pay Council’s legal costs incurred in association with the preparation of the new licence agreement.

Social Considerations

The new Ku-ring-gai Fitness and Aquatic Centre is positioned to become a significant Council asset. It is anticipated that following its opening, and the introduction of a diverse range of services and programs, the centre will become an exciting new community venue.

KASC has been providing swimming development and competitions for young people in the Ku-ring-gai LGA for more than 40 years at West Pymble. The club has been a consistent user of the pool facilities at West Pymble and continues to be the leading swimming organisation within Ku-ring-gai.

A key component in developing and maintaining the popularity and success of KASC has been its

commitment and dedication to providing unique opportunities within Ku-ring-gai to for young swimmers and their families.

Maintaining youth swimming services of this nature plays a crucial role in the social interaction and development of youth swimming within the general community.

Environmental Considerations

There are no environmental considerations associated with the granting of a licence agreement to KASC for the club room premises.

Community Consultation

No consultation is required for this process prior to Council resolution. Once Council resolves to grant the proposed licence, 28 days public notification of Council’s intention to grant the lease the premises will occur in accordance with s 47 (1) a of the Local Government Act 1993.

Internal Consultation

Consultation has been undertaken between Council’s Strategy and Environment, Community and Operations departments during the re-development of the site for the new Ku-ring-gai Fitness and Aquatic Centre.

Summary

The Ku-ring-gai Amateur Swimming Club Inc has been operating as a community based non-profit organisation for over 40 years at West Pymble.

Council has undertaken significant redevelopment at the KFAC, including the construction of a new club room for KASC. The KASC has agreed to fund the fit out costs for the new club room, and it is recommended that licence fees for the first 12 months be waived.

The club is a popular local sports group that is committed to providing opportunities for youth swimming development and wellbeing within Ku-ring-gai. The proposed licence will enable KASC to occupy a club room to co-ordinate its swimming activities and re-establish its operations at the new Ku-ring-gai Fitness and Aquatic Centre.

The YMCA of Sydney has overall responsibility for the management of the KFAC - this agreement with KASC is for the use of the club house only. KASC will enter into a separate agreement with the YMCA for all usage terms and conditions.

Recommendation:

A. That Council grant a licence agreement to Ku-ring-gai Amateur Swimming Club Inc for club room premises located within the new Ku-ring-gai Fitness and Aquatic Centre.

B. That the licence agreement be for a period of 12 months.

C. The licence fees be waived for the first 12 months.

D. That all swimming or related activities organised by Ku-ring-gai Amateur Swimming Club Inc during the licence period be subject to the direction and approval of YMCA of Sydney.

E. That a further report be submitted to Council before the expiry of the 12 month licence period regarding the renewal of the licence agreement for a further term.

F. That the Mayor and General Manager or their delegate be authorised to execute the necessary documentation.

G. That Council authorise the affixing of the Common Seal of Council to the Licence Agreement.

Michael New

Property Officer Recreational Facilties

Mark Taylor

Manager Community & Recreation Services

Janice Bevan

Director Community

Attachments:

A1 View

Club Room - Ku-ring-gai Amateur Swimming Club Inc

2014/210859

Ordinary Meeting of Council - 7 October 2014	GB.3 / 31

Item GB.3	S03779/2
	1 September 2014

Policy for the Payment of Expenses and Provision of Facilities to Councillors

EXECUTIVE SUMMARY

purpose of report:	To recommend the exhibition of an updated Policy for the Payment of Expenses and Provision of Facilities to Councillors.

background:	Each Council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor and the other councillors in relation to discharging the functions of civic office. On 26 November 2013, Council adopted a revised Policy for the Payment of Expenses and Provision of Facilities to Councillors.

comments:	Section 252 of the Local Government Act 1993 requires Council to re-adopt such a policy within five (5) months of 30 June each year.

recommendation:	That the updated Policy for the Payment of Expenses and Provision of Facilities to Councillors be endorsed for placing on public exhibition. That the draft policy be placed on public exhibition for a period of 28 days, during which time comment on the policy will be requested. That a further report be provided to Council immediately following the public exhibition period detailing all comments received, with a recommendation of a final policy.

Purpose of Report

To recommend the exhibition of an updated Policy for the Payment of Expenses and Provision of Facilities to Councillors

Background

Each Council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor and the other councillors in relation to discharging the functions of civic office. Council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor or a councillor otherwise than in accordance with this policy.

On 26 November 2013, Council adopted a revised Policy for the Payment of Expenses and Provision of Facilities to Councillors (see Attachment A1). Section 252 of the Local Government Act 1993 requires Council to re-adopt such a policy by November each year.

Comments

The purpose of the policy is to ensure that councillors receive adequate and reasonable expenses and facilities to enable them to carry out their civic duties, and that these expenses and facilities are provided in an accountable and transparent manner.

The objective of the policy is to describe those expenses incurred or to be incurred by, and the facilities provided to the councillors, the cost of which shall be met by Council.

The current policy has now been reviewed (see Attachment A2). The major changes to the previously adopted policy are listed below as follows;

· Increase on all monetary limits throughout the policy in line with the CPI index for Sydney at 2.9% for the 2014/2015 financial year.

· Reformatting into new policy template

Section 252 of the Local Government Act 1993 requires Council to have such a policy and to re-adopt the policy within five (5) months of 30 June each year.

Section 253(1) of the Local Government Act 1993 requires Council to give public notice of its intention to adopt or amend such a policy allowing at least 28 days for the making of public submissions. Before adopting or amending the policy, the council must consider any submissions and make any appropriate changes if required.

Risk Management

There are no significant risks associated with the public exhibition and adoption of this policy. However there is a moderate risk for Council if it does not exhibit and adopt the policy in that sections 252 and 253 of the Act will not be complied with. Additionally there is a moderate risk that Councillors will not be able to fulfil their duties and responsibilities as elected officials without the support of a current policy.

Financial Considerations

As the monetary limits throughout the policy have been increased in accordance with the CPI index of 2.9% for 2014/2015 there will be a minor increase in costs to Council. Additionally there is also a minor cost involved in advertising the amended policy in accordance with the Act.

Social Considerations

It is considered that Council’s policy adequately reflects the needs of Councillors in carrying out their civic roles.

Environmental Considerations

There are no environmental considerations associated with the recommendation in this report.

Community Consultation

Section 253 of the Act requires that the updated policy be placed on public exhibition inviting submissions for at least 28 days.

Internal Consultation

None undertaken or required.

Summary

On 26 November 2013, Council adopted a revised Policy for the Payment of Expenses and Provision of Facilities to Councillors. Section 252 of the Local Government Act 1993 requires Council to have such a policy and to re-adopt the policy within five (5) months of 30 June each year.

The current policy has now been reviewed. Section 253(1) of the Local Government Act 1993 requires Council to give public notice of its intention to adopt or amend such a policy allowing at least 28 days for the making of public submissions. Before adopting or amending the policy, the Council must consider any submissions and make any appropriate changes if required.

Recommendation:

A. That the updated draft Policy for the Payment of Expenses and Provision of Facilities to Councillors be endorsed for placing on public exhibition.

B. That the draft policy be placed on public exhibition for a period of 28 days, during which time comment on the policy will be requested.

C. That a further report be provided to Council immediately following the public exhibition period detailing all comments received, with a recommendation of a final policy.

Matt Ryan

Manager Records & Governance

David Marshall

Director Corporate

Attachments:	A1 View	Policy for the Payment of Expenses and Provision of Facilities to Councillors - adopted 26/11/2013		2013/325278
	A2 View	Draft Policy for the Payment of Expenses and Provision of Facilities to Councillors		2014/239429

APPENDIX No: 2 - Draft Policy for the Payment of Expenses and Provision of Facilities to Councillors

Item No: GB.3

Controlled Document Information

Authorisation Details

This is a Controlled Document. Before using this document check it is the latest version by referring to Council’s Controlled Document Register. Unless otherwise indicated, printed or downloaded versions of this document are uncontrolled.
Controlled Document Number:	(enter unique Controlled Document Number)	TRIM Record No:		2014/239429
Controlled Document Type:	Policy
Controlled Document Name:	Policy for the Payment of Expenses and Provision of Facilities to Councillors
Version Number:	10
Department:	Corporate
Distribution:	Internal and External
Review Period: Max < 4 years	1 year	Next Review Date:		October 2015
Document Status:	Draft
Approval Type:	Adopted by Council
Version Start Date:	(enter the date that this version was approved and the policy takes effect)		Version End Date:	(if applicable enter the date that this version was superceded or cancelled)

Related Document Information, Standards & References

Related Legislation:	Local Government Act 1993 Sections 252, 253, 254, 428 Local Government (General) Regulation 2005 217, 403	252 Payment of expenses and provision of facilities (1) Within 5 months after the end of each year, a council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office. (2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor. (3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section. (4) A council may from time to time amend a policy under this section. (5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A. 253 Requirements before policy concerning expenses and facilities can be adopted or amended (1) A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions. (2) Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment. (3) Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial. (4) Within 28 days after adopting a policy or making an amendment to a policy for which public notice is required to be given under this section, a council is to forward to the Director-General: (a) a copy of the policy or amendment together with details of all submissions received in accordance with subsection (1), and (b) a statement setting out, for each submission, the council’s response to the submission and the reasons for the council’s response, and (c) a copy of the notice given under subsection (1). (5) A council must comply with this section when proposing to adopt a policy each year in accordance with section 252 (1) even if the council proposes to adopt a policy that is the same as its existing policy. 254 Decision to be made in open meeting The council or a council committee all the members of which are councillors must not close to the public that part of its meeting at which a policy for the payment of expenses or provision of facilities is adopted or amended, or at which any proposal concerning those matters is discussed or considered. 428(pt) Annual reports (1) Within 5 months after the end of each year, a council must prepare a report (its "annual report") for that year reporting as to its achievements in implementing its delivery program and the effectiveness of the principal activities undertaken in achieving the objectives at which those principal activities are directed. (2) The annual report in the year in which an ordinary election of councillors is to be held must also report as to the council’s achievements in implementing the community strategic plan over the previous 4 years. (3) An annual report must be prepared in accordance with the guidelines under section 406. (4) An annual report must contain the following: (a) a copy of the council’s audited financial reports prepared in accordance with the Local Government Code of Accounting Practice and Financial Reporting published by the Department, as in force from time to time, (b) such other information as the regulations or the guidelines under section 406 may require. Local Government (General) Regulation 2005 217(pt) Additional information for inclusion in annual reports 1) For the purposes of section 428 (4) (b) of the Act, an annual report of a council is to include the following information: (a) details (including the purpose) of overseas visits undertaken during the year by councillors, council staff or other persons while representing the council (including visits sponsored by other organisations), (a1) details of the total cost during the year of the payment of the expenses of, and the provision of facilities to, councillors in relation to their civic functions (as paid by the council, reimbursed to the councillor or reconciled with the councillor), including separate details on the total cost of each of the following: (i) the provision during the year of dedicated office equipment allocated to councillors on a personal basis, such as laptop computers, mobile telephones and landline telephones and facsimile machines installed in councillors’ homes (including equipment and line rental costs and internet access costs but not including call costs), (ii) telephone calls made by councillors, including calls made from mobile telephones provided by the council and from landline telephones and facsimile services installed in councillors’ homes, (iii) the attendance of councillors at conferences and seminars, (iv) the training of councillors and the provision of skill development for councillors, (v) interstate visits undertaken during the year by councillors while representing the council, including the cost of transport, the cost of accommodation and other out-of-pocket travelling expenses, (vi) overseas visits undertaken during the year by councillors while representing the council, including the cost of transport, the cost of accommodation and other out-of-pocket travelling expenses, (vii) the expenses of any spouse, partner (whether of the same or the opposite sex) or other person who accompanied a councillor in the performance of his or her civic functions, being expenses payable in accordance with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors for Local Councils in NSW prepared by the Director-General from time to time, (viii) expenses involved in the provision of care for a child of, or an immediate family member of, a councillor, to allow the councillor to undertake his or her civic functions, 403 Payment of expenses and provision of facilities A policy under section 252 of the Act must not include any provision enabling a council: to pay any councillor an allowance in the nature of a general expense allowance, or to make a motor vehicle owned or leased by the council available for the exclusive or primary use or disposition of a particular councillor other than a mayor. Also, under Section 248A of the Act Council must not, unless otherwise permitted, pay an annual fee to a Councillor for any period during which the Councillor is suspended from civic office or the right to be paid any fee is suspended. Under Section 254A of the Act Council may resolve that an annual fee not be paid to a Councillor or the amount reduced if the Councillor is absent, with or without leave, from meetings of the Council for a period not more than 3 months or in any circumstances prescribed by regulation. A fee must not be paid if the period of absence exceeds 3 months. Under clause 404 of the Regulation a prescribed circumstance for non-payment or reduction of a Councillor’s annual fee is where payment would adversely affect the Councillor’s entitlement to a pension, benefit or allowance and the Councillor is agreeable to the non-payment or reduction. A Councillor may elect not to accept any entitlement under this Policy, except that the Mayor and every Councillor must be paid the appropriate minimum fees determined by the Local Government Remuneration Tribunal (unless the provisions of Section 254A of the Act apply). Payment of the appropriate minimum fees determined by the Remuneration Tribunal is a requirement of Sections 248 (4) and 249 (4) of the Act.
Related Policies (Council & Internal)	N/A	N/A
Related Documents - Procedures, Guidelines, Forms, WHS Modules/PCD’s, Risk Assessments, Work Method Statements, etc	N/A	N/A
Other References	Department of Local Government Circular No. 11-27, 21 September 2011, Findings from review of Councillor Expenses and Facilities Policies Department of Premier and Cabinet, Division of Local Government Circular No. 09-36, 7 October 2009, Release of Revised Councillor Expenses and Facilities Guidelines Department of Local Government Circular No. 07-22, 28 May 2007 Updated Guidelines for the Payment of Expenses and Provision of Facilities to Mayors and Councillors Department of Local Government Circular No. 05/08, 9 March 2005 Legal Assistance for Councillors and Council Employees ICAC Publication No Excuse for Misuse, November 2002 Ku-ring-gai Council Code of Conduct.

Version History

Version Number	Version Start Date	Version End Date	Author	Details and Comments
1	08/03/2005	27/02/2007	Director Corporate	Original
2	27/02/2007	30/07/2008	Director Corporate	Major revision following DLG Circular 06-57
3	30/07/2008	13/10/2009	Director Corporate	Annual revision following DLG Circulars 07-22 and 08-03
4	13/10/2009	13/02/2010	Director Corporate	Annual Revision
5	13/02/2010	12/10/2010	Director Corporate	Revision following DLG Circular 09-36
6	12/10/2010	19/10/2011	Director Corporate	Annual review (CPI only)
7	19/10/2011	20/11/2012	Director Corporate	Annual review (CPI only)
8	20/11/2012	26/11/2013	Director Corporate	Annual review and minor revisions
9	27/11/2013	Current	Director Corporate	Annual review and minor revisions

Policy

Purpose and Objectives

This is the Policy for the Payment of Expenses and Provision of Facilities to Councillors of Ku-ring-gai Council.

The purpose of this Policy is to ensure that Councillors receive adequate and reasonable expenses and facilities to enable them to carry out their civic duties, and that these expenses and facilities are provided in an accountable and transparent manner.

Scope

The objective of this Policy is to;

· describe those expenses incurred, or to be incurred, by Council on behalf of Councillors, and

· describe the facilities provided to Councillors by Council as part of their civic duties.

This Policy also aims to uphold and demonstrate the following key principles:

Conduct

Councillors must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their functions under the Local Government Act 1993 ("the Act") or any other Act. This is re-inforced in Council’s Code of Conduct.

Participation, equity and access

The provisions of the Policy are to be non-discriminatory and used in an equitable manner to enable the full participation by Councillors from different walks of life. The provisions of the Policy shall also be at an appropriate level to encourage members of the community, particularly under-represented groups such as those in primary caregiver roles, to seek election to Council by ensuring that they would not be financially or otherwise disadvantaged in undertaking the civic functions of a Councillor.

The Policy shall also take into account and make reasonable provision for the special needs of Councillors to allow access to the appropriate parts of Council premises, and facilities, and maximise participation in the civic functions and business of Council.

Accountability and transparency

The details and range of benefits provided to the Councillors are to be clearly stated and be fully transparent and acceptable to the local community.

Reasonable expenses

Councillors shall only be reimbursed for expenses reasonably incurred in the performance of their role as a Councillor.

Only those entitlements specifically described in this Policy shall be provided by Council.

Responsibilities

This Policy is made pursuant to Sections 252-254 of the Local Government Act 1993. These sections are set out in in the related document information and standards and references section of this document.

The Policy is to be adopted by Council annually, within 5 months after the end of each financial year.

Prior to adoption, public notice must be given and public submissions invited for 28 days. Council must then consider all submissions received and make any appropriate changes to the Policy.

Reporting Requirements

Section 428 of the Act and clause 217 of the Local Government (General) Regulation 2005 ("the Regulation") require Council to include in each Annual Report details of the cost of implementing the Policy. Copies of this legislation are set out in the related document information and standards and references section of this document.

APPENDIX No: 2 - Draft Policy for the Payment of Expenses and Provision of Facilities to Councillors

Item No: GB.3

Payment of Expenses

General Provisions

Payment of Allowances and Expenses Generally

An annual fee is paid to each Councillor by Council. The fee is the amount fixed by Council under Division 5 of Part 2 of Chapter 9 of the Act in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

This Policy is intended to cover most situations where a Councillor reasonably incurs expenses in discharging the functions of civic office. The annual fee paid to each Councillor is generally not intended to offset those costs.

The payment of allowances and reimbursement of expenses under this Policy shall only be in respect of costs directly associated with discharging the functions of civic office, for example, civic functions that Councillors are required to undertake to fulfil their legislated role and responsibilities for the Council that should result in a direct benefit for the Council and/or the Ku-ring-gai local government area.

No allowance shall be paid to a Councillor in the form of a general expense allowance, for example, a sum of money to expend on an item or service that is not required to be receipted and/or otherwise reconciled.

All travel by Councillors shall be by the most direct route and the most practical and economical mode of transport, subject to any personal medical considerations.

Reimbursement and reconciliation of expenses

Claims for reimbursement of expenses shall be submitted no later than 12 months after the expenses were incurred. Claims shall be submitted to the General Manager or delegate in a form and manner acceptable to the General Manager in the circumstances to enable full assessment of the claim. Tax invoices and receipts are to be supplied when available to support claims. The level of the supporting documentation is to be commensurate with the nature of the expenditure.

Claims for travelling expenses under this Policy shall include details of:

· Date and place of departure

· Date and place of arrival

· Distance travelled

· Fares and parking fees paid

· Amount claimed as travelling allowances

· Total amount of claim

The rate of calculation of the amount payable for travel in a Councillor's own car shall be the rate payable for claims by staff in the Local Government (State) Award.

Where travel out of the Sydney metropolitan area can be undertaken by air, the amount payable for travel in a Councillor’s own car shall be no more than the corresponding air fare and taxi fares to and from the airport.

Council shall, where possible pay expenses directly by account or through the corporate credit card. However it shall be necessary for Councillors to pay unexpected expenses and then seek reimbursement.

Once expenses of attending a conference, seminar or training course have been finalised, accounts shall be forwarded to Councillors for any expenses payable by them. Such accounts are to be repaid in full within Council's normal terms, usually 30 days. Any arrangements to finalise an account by periodic payment may only be approved by Council.

An employee delegated by the General Manager shall assess all claims made under this Policy. The employee shall review a claim against the provisions of this Policy and make a recommendation to the General Manager. The General Manager shall then determine the claim. Approved claims, in part or in whole, shall be paid within seven (7) days.

Should a determination be made that a claim should not be paid, the General Manager shall explain such decision to the Councillor and should the Councillor still believe that the claim should be paid, in part or in full, it shall be considered that a dispute exists.

In the event of a dispute at any time regarding this Policy, the parties to the dispute shall provide a written report on the nature of the dispute. The General Manager shall submit such reports to the next meeting of Council to have the dispute determined by a resolution of Council having regard to this Policy, the Act and any other relevant law. The decision of Council shall be binding on all of the parties.

Payment in advance

Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training courses. Councillors may also request an advance payment for the cost of any other service or facility covered by the policy, where the service or facility is not ordinarily acquired by Council. However, Councillors must fully reconcile all expenses against the cost of the advance. Within one (1) week of incurring the cost and/or returning home the Councillor shall submit the details to the General Manager for verification and pay back to Council any unspent money. The level of the supporting documentation is to be commensurate with the nature of the expenditure. The maximum value of a cash advance is $602.

Establishment of Monetary Limits and Standards

Monetary limits prescribed in this Policy set out the maximum amount payable in respect of any facility or expense. Any additional cost incurred by a Councillor in excess of any limit set shall be considered a personal expense that is the responsibility of the Councillor. All monetary amounts stated are exclusive of GST.

Unless otherwise stated, any annual limits will be adjusted on a pro-rata basis where only part of a year of term applies.

Where applicable the standard of any equipment, facility or service to be provided shall be to the maximum standard prescribed in this Policy.

Spouse and Partner Expenses

In this clause accompanying person means a person who has a close personal relationship with a Councillor and/or provides carer support to the Councillor.

In limited circumstances Council shall meet certain costs incurred by a Councillor on behalf of their spouse, partner or accompanying person that are properly and directly related to the role of the Councillor, such as costs associated with attendance at functions that are of a formal or ceremonial nature when accompanying Councillors within metropolitan Sydney. Examples include, but are not limited to, Australia Day award ceremonies, citizenship ceremonies, civic receptions and functions for charities, community service and sporting groups supported by Council.

Council shall also meet limited expenses of spouses, partners or accompanying persons associated with attendance at conferences. These expenses are limited to the cost of registration and official conference dinners. Expenses such as travel expenses, any additional accommodation expenses shall not be met by Council.

Costs and expenses incurred by the Councillor on behalf of their spouse, partner or accompanying person shall be reimbursed if the cost or expense relates specifically to the ticket, meal and/or direct cost of attending the function/conference. Each Councillor is entitled to a maximum of $463 per year of term for external payments in respect of these types of expenses.

In addition Council shall meet limited expenses of spouses, partners or accompanying persons associated with attendance at the Local Government and Shires Associations’ annual conferences. These expenses are limited to the cost of registration and the official conference dinner. Expenses such as travel expenses, any additional accommodation expenses and the cost of any accompanying persons program shall not be met by Council.

Also, Council shall meet limited expenses of spouses, partners or accompanying persons of the Mayor, or a Councillor representing the Mayor, when attending an official function of Council or carrying out an official ceremonial duty while accompanying the Mayor or the Mayor’s representative outside Council’s area, but within New South Wales. Such circumstances could include charitable functions or award ceremonies to which the Mayor has been invited to attend. These expenses are limited to the ticket, meal and/or direct cost of attending the function.

In all cases under this clause peripheral expenses of spouses, partners or accompanying persons such as grooming, special clothing and transport are not considered reimbursable expenses.

Expenses for Councillors

Attendance at Conferences, Seminars and other Training Expenses

Council shall provide an annual budget for Councillor training and development based on a skills analysis and assessment of professional development needs of Councillors.

Council shall meet expenses incurred by Councillors attending conferences, seminars and training courses in any of the following circumstances:

· Attendance authorised by resolution of Council

· Attendance at conferences which are included in Council’s Annual Program of Conferences and funds are provided in the adopted Delivery Program and Operational Plan and where the prior authority of the Mayor and General Manager has been obtained

· Attendance on a study tour involving domestic travel where the study forms part of a Task Force project plan and funds are available in the Task Force budget to be established and where the prior authority of the Mayor and General Manager has been obtained

· Attendance at day long industry seminars or workshops as the need arises subject to the availability of funds and only where local or domestic travel is involved and where the prior authority of the Mayor and General Manager has been obtained.

Where the Mayor is seeking approval to attend a conference, seminar or training course the authority of the Deputy Mayor and the General Manager is required where applicable.

Requests from individual Councillors for attendance at conferences, seminars and training courses shall be in writing outlining the benefits for Council and the community.

After return from a conference, the Councillor/s or an accompanying staff member shall provide a written report to Council on the aspects of the conference relevant to Council business and/or the community. Such a report is not required for the annual conference of Local Government NSW.

If requested Council shall make all necessary arrangements for the attendance of Councillors at the conference, seminar or training course. Where the Councillor is being accompanied by another person, Council shall also make all of the necessary arrangements for that person. Council shall meet only those costs relating to the attendance of that person as set out under the ‘Spouse and Partners Expenses’ section.

Council shall meet the following costs for attendance at approved conferences, seminars and training courses:

Registration fees

Council shall meet the cost of the registration fee set by the organiser, including costs of related official lunches and dinners, and associated tours where they are relevant to the business and interests of Council.

Accommodation

Councillors shall be accommodated in the hotel where the conference, seminar, or training course is being held or the nearest hotel to it that is of a similar standard, or as authorised by the host organiser where the conference is not located within the Sydney metropolitan area. Accommodation shall be provided at the rate of a double room.

Transportation

Councillors attending a conference, seminar or training course shall travel by the most direct route and the most practical and economical mode of transport, subject to any personal medical considerations. Any time and costs incurred in undertaking activities not related to attendance at the conference, seminar or training course shall not be included in any expenses paid by Council.

For conferences, seminars and training courses out of the Sydney metropolitan area Council shall meet the cost of an economy class air ticket or Council shall reimburse transportation expenses as detailed below whichever is the lesser amount.

Council shall reimburse transportation expenses by a Councillor with the Councillor’s own vehicle. For travel within a Council-owned vehicle, actual costs incurred shall be reimbursed.

Council shall meet the cost of transferring Councillors from their place of residence to the airport and return or meet the cost of taxi fares, whichever is the lesser amount.

Council shall meet the cost of transferring Councillors from the airport to the hotel and return at the conclusion of the conference, seminar or training course, such costs not to exceed the cost of taxi fares.

Should a Councillor be accommodated in a hotel not being the site of the conference, seminar or training course, and the Councillor is travelling in a non Council-owned vehicle, Council shall meet the cost of the Councillor travelling from the hotel to the site of the conference, seminar or training course and return each day, such costs not to exceed the cost of taxi fares.

Where in conjunction with attendance at a conference, seminar or training course a Councillor visits another Council in the course of discharging the functions of civic office or to further knowledge of local government, and the Councillor is travelling in a non Council-owned vehicle, Council shall meet the cost of transfer of the Councillor from the hotel to the Council premises visited and return, such costs not to exceed the cost of taxi fares.

Meals

Council shall meet the cost of breakfast, lunch and dinner for Councillors where any of the meals are not provided as part of the conference, seminar or training course. Council shall also meet the reasonable cost of drinks accompanying the meals.

Bar Service

Council shall meet the cost of any expenses incurred at a bar located within the conference hotel or the accommodation hotel only when special guests have been invited for drinks at the request of the Mayor or the leader of Council's delegation.

Other costs

Council shall meet other reasonable out of pocket or incidental expenses associated with attending conferences, seminars or training courses, such as telephone or facsimile calls, refreshments, other meals, internet charges, laundry and dry cleaning, newspapers, taxi fares and parking fees up to a maximum amount of $62 per day.

Local Travel Arrangements, Attendance at Dinners and Other Non-Council Functions

Travelling expenses shall be paid for travel on official business of Council in the Sydney metropolitan area. Transport to and from the Council administration building or other sites for meetings when the Councillor's own mode of transport is not available may be provided. Councillors may, where necessary, be provided with a taxi voucher for transportation purposes on Council business.

Council shall meet the cost of parking fees and road tolls but not the cost of traffic or parking fines. Claims for reimbursement under this provision shall be supported with an explanation of the need for the travel in relation to official Council business.

Council shall meet the cost of Councillors’ attendance at functions that are of a formal or ceremonial nature within the Sydney metropolitan area, including functions for charities, community service and sporting groups supported by Council or of which Council is a financial member. Council shall also meet the cost of Councillors’ attendance at dinners and other non-council functions which provide briefings to Councillors from key members of the community, politicians and business where the function is relevant to Council’s interest. Council shall meet the cost of any component of the ticket to the function that is a donation to a registered charity but shall not meet the cost of any component of the ticket that is a donation to a political party, candidate’s electoral fund or other private benefit. Each Councillor is entitled to a maximum of $1,029 per year of term for external payments in respect of the types of expenses described in this paragraph.

Council will also meet the cost of the Mayor or a Councillor representing the Mayor attending a function or carrying out a ceremonial duty when undertaking the role of the Mayor within New South Wales. This includes functions or award ceremonies for charities, community service and sporting groups to which the Mayor has been invited to attend. These expenses are limited to the ticket, meal and/or direct cost of attending the function.

Travel Outside the Sydney Metropolitan Area including Interstate and Overseas Travel

For any proposed travel by a Councillor on Council related business not otherwise addressed above, the approval of Council in non-confidential session of a Council meeting is required. Approval shall be granted subject to any conditions Council so determines. Council shall meet only those expenses that Council so determines.

Telecommunications Costs and Expenses

Council shall meet the cost of providing a telephone landline for any telephone/facsimile machine provided under this Policy. Council shall meet the cost of landline rental and all Council business outgoing calls, to a maximum cost of $120 per month;

Council shall meet the cost of a mobile telephone either:

· a Council provided mobile telephone (including vehicle kit) and mobile telephone service to the value of $1,203, for which Council shall pay rental and calls charged against that service, to a limit of $241 per month for Council business calls and $25 per month for incidental personal calls, provided that the number is available to be given out for general public information; or

· if the Councillor provides their own mobile telephone and mobile telephone service, Council shall reimburse the cost of rental plus the cost of those calls certified by the Councillor as being Council business calls charged against that service, to a limit of $241 per month for calls.

In addition Council shall meet data costs in respect of smart devices (mobile telephones/iPads) up to a limit of 3GB per month per device. For Councillor-owned mobile telephones the amount payable by Council under this provision shall not exceed the amount paid under contracts entered into by Council for Council-owned mobile telephones.

Internet Expenses

Council shall meet the cost of providing and maintaining an internet connection at the residence of the Councillor. Councillors have a choice between an ADSL or Cable fixed line broadband service (depending on availability) or a wireless broadband service and a USB modem.

Care and Other Related Expenses

Care of relatives

In this clause, relative shall have the same meaning as set out in the Dictionary in the Act;

a. Relative, in relation to a person, means any of the following:

b. the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the person or of the person’s spouse;

c. the spouse or de facto partner of the person or of a person referred to in paragraph (a).

Where a Councillor has responsibilities for the care and support of any relative, Council shall reimburse the actual cost incurred by the Councillor to engage professional care for the relative whenever the Councillor is invited, or nominated by the General Manager or Mayor, to attend an official Council meeting or briefing.

Special requirements of Councillors

Council shall meet reasonable expenses associated with any special requirements of a Councillor, such as disability and access needs, in order to discharge the functions of civic office.

Insurance Expenses and Obligations

Council shall meet the cost of providing the following insurance cover for Councillors on a 24 hour basis while discharging the functions of civic office including attendance at meetings of external bodies as Council’s representative:

· Public Liability insurance (for matters arising out of a Councillor’s performance of their civic duties and/or exercise of their Council functions)

· Professional Indemnity insurance (for matters arising out of a Councillor’s performance of their civic duties and/or exercise of their functions)

· Personal Accident insurance (while on Council business)

· Travel insurance (for approved interstate and overseas travel on Council business)

· Councillors and Officers Insurance (for matters arising out of a regulatory authority investigation such as ICAC while fulfilling their duties in good faith on behalf of Council)

Council shall pay the insurance policy excess in respect of any claim made against a Councillor arising from Council business where any claim is accepted by Council’s insurers, whether defended or not.

Legal Expenses and Obligations

Council shall, if requested, indemnify or reimburse the reasonable legal expenses properly incurred of:

· a Councillor defending an action arising from the performance in good faith of a function under the Act, or

· a Councillor defending an action in defamation provided the statements complained of were made in good faith in the course of exercising a function under the Act

· and provided that the outcome of the legal proceedings is favourable to the Councillor.

Council shall, if requested, indemnify or reimburse the reasonable legal expenses properly incurred in respect of any inquiry, investigation of hearing into a Councillor’s conduct by an appropriate investigative review body including:

1. Local Government Pecuniary Interest and Disciplinary Tribunal

2. Independent Commission Against Corruption

3. Office of the Ombudsman

4. Division of Local Government, Department of Premier and Cabinet

5. NSW Police Force

6. Director of Public Prosecutions

7. Council’s Conduct Review Committee/Reviewer

provided that the subject of the inquiry, investigation or hearing arises from the performance in good faith of a councillor’s functions under the Act and the matter before the investigative or review body has proceeded past any initial assessment phase to a formal investigation or review. In the case of a conduct complaint made against a Councillor, legal costs shall only be made available where a matter has been referred by the General Manager to a conduct reviewer/conduct review committee to make formal enquiries into that matter in accordance with the procedures in the Code of Conduct. In the case of a pecuniary interest or misbehaviour matter legal costs shall only be made available where a formal investigation has been commenced by the Division of Local Government.

In addition, legal costs shall only be provided where the investigative or review body makes a finding that is not substantially unfavourable to the Councillor. This may include circumstances in which a matter does not proceed to a finding. In relation to a Councillor’s conduct, a finding by an investigative or review body that an inadvertent minor technical breach had occurred may not necessarily be considered a substantially unfavourable outcome.

Council shall not meet the legal costs of legal proceedings initiated by a Councillor in any circumstance.

Council shall not meet the legal costs of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation.

Council shall not meet any legal costs for legal proceedings that do not involve a Councillor performing their role as a Councillor.

The maximum amount payable by Council under this clause in respect of any one action is $240,496. Council may obtain insurance cover against the risk of having to meet the reasonable legal costs of a Councillor, or to reimburse those costs, provided that the costs or reimbursements are ones that the Council is authorised to meet.

Any Councillor seeking to obtain any entitlement under this clause shall make written application to the General Manager and make this application prior to the legal expenses being incurred where possible. The General Manager shall refer the application to a Council Meeting with any advice and recommendations for determination by Council.

Additional Expenses for the Mayor

Allowances and expenses

An additional annual fee is paid to the Mayor by Council. The fee is the amount fixed by Council under Division 5 of Part 2 of Chapter 9 of the Act in accordance with the appropriate determination of the Local Government Remuneration Tribunal.

In accordance with section 249 of the Act, should Council determine that an annual fee is to be paid to the Deputy Mayor, the Deputy Mayor’s annual fee shall be deducted from the Mayor’s annual fee.

This Policy is intended to cover most situations where the Mayor reasonably incurs additional expenses in discharging the functions of Mayoral office. The annual fee paid to the Mayor is generally not intended to offset those costs.

There are no other Mayoral allowances and expenses.

Provision of Facilities

General Provisions

Provision of Facilities Generally

Unless otherwise stated, where a facility may be provided by Council in accordance with this Policy and a Councillor chooses to accept the facility, it shall be provided by Council with all establishment, routine maintenance, operating, training, replacement and insurance costs being met by Council, subject to any limits specified and adequate funds being allocated and available in Council's adopted Delivery Program and Operational Plan.

All facilities provided shall be of adequate capacity and functionality to allow the role of Councillor to be fully undertaken.

Private Use of Equipment and Facilities

Councillors shall not generally obtain private benefit from the provision of equipment and facilities, including intellectual property. This includes receipt of a travel bonus or other benefit arising from a loyalty scheme. Councillors must avoid any action or situation that could create the appearance that Council resources are being used inappropriately.

However, incidental personal use of Council equipment and facilities may occur from time to time without requiring reimbursement of the cost by a Councillor. No entitlement under this Policy shall be treated as being a private benefit that requires a reduction in the Mayoral fee or the Councillors fee.

Unless otherwise authorised in this Policy, if a Councillor does obtain a private benefit for the use of a facility provided by Council the Councillor shall be invoiced for the amount of the private benefit with repayment to be in accordance with Council's normal terms. The value of the private benefit shall be determined by Council in non-confidential session of a Council meeting.

Equipment, facilities, materials, funds and services provided under this Policy shall not be used to produce election material or for any other political purposes, including political fundraising activities and events.

Equipment and Facilities for the Councillors

Equipment and Facilities for Councillors at home

Councillors may request to be provided with the following equipment and facilities for their use as a Councillor at home in relation to their duties as a Councillor (Refer to the Councillor Requisition form).

Computers/iPad

· A Laptop or Ipad including all relevant peripherals; and

· A multi-function device (if applicable)

Home Office Items Allowance

· An allowance to purchase general home office items (eg filing cabinet, bookshelf, etc) which may be purchased to the maximum value of $1,162 per council term.

Stationery

· Minor stationery items to a maximum cost of $116 per council term

· Plain white paper – 5000 sheets each year of term

· 100 Christmas cards each year of term

· 500 business cards each year of term

Incidentals

· Name badge

· Security card to enable entry to Council’s Administration Building

· Car parking stickers to enable the Councillor to park in any Council car park at any time for an unlimited period when discharging the functions of civic office. A list of Council’s car parks shall be supplied also. No time restriction shall be imposed on an identified Councillor’s private vehicle whilst parked in a parking space located at the Council administration building and the adjacent car parking area.

· Street directory

· A raincoat and one pair of protective footwear for site inspections during inclement weather

· Replacement consumables, such as tapes, inks and toner (not including paper) for the continued operation of the equipment provided to the Councillor

Equipment and Facilities at the Council Administration Building

Councillors shall also be provided with equipment and facilities at the Council administration building. Equipment provided under this clause remains the property of Council. The following equipment and facilities shall be provided at the Council administration building:

Councillors’ Room and resources

A room furnished for use by all Councillors shall be provided by Council. Included in the Councillors’ Room shall be:

· A computer, printer and peripherals for use by all Councillors

· A website directory of relevant local government internet sites

· A technical library

· Councillors’ robes for official, civic and ceremonial use.

Executive Assistant

A qualified and experienced Executive Assistant shall be provided to support all Councillors. The Executive Assistant shall be responsible to the General Manager.

Correspondence Processing

Council shall post all correspondence for Councillors relative to the discharge of the functions of civic office. Council shall provide letterhead for use by Councillors in replying to correspondence.

Council shall provide follow up procedures for correspondence by Councillors. Such follow-up for correspondence is to be carried out by the General Manager or delegate.

Correspondence by Councillors relative to the discharge of the functions of civic office is considered official correspondence of Council. Correspondence received or created by Councillors will be dealt with in accordance with the Records Management Policy for Councillors.

Meals and Refreshments

Prior to, during or after Council, Forum and Committee meetings the Councillors shall be provided with a suitable meal including refreshments. The standard of the meal provided shall be determined by the Mayor in consultation with the General Manager.

Car Parking

· Three (3) car parking spaces shall be provided for Councillors in the Council car park at the Council administration building except on Committee meeting nights, public meetings and Council meeting nights when a further six (6) car parking spaces shall be allotted in the same car park.

Equipment and Other Items Required to be Returned

Upon election to office Councillors shall be provided with certain equipment and other items that shall be returned when the Councillor ceases to hold office. The following equipment and other items shall be provided under this clause:

· Laptop or Ipad including peripherals and software

· Apple iPhone - mobile telephone - (if applicable)

· Multifunction device (if applicable).

· Security card to enable entry to Council's administration building

· Car parking stickers to enable the Councillor to park in any Council car park at any time for an unlimited period when discharging the functions of civic office. A list of Council’s car parks shall be supplied also. No time restriction shall be imposed on an identified Councillor's private vehicle whilst parked in a parking space located at the Council administration building and the adjacent car parking area.

Other Items Not Required to be Returned

Upon election to office and where applicable throughout the term of office Councillors shall be provided with items of a consumable nature or which otherwise are not required to be returned when the Councillor ceases to hold office. The following items shall be provided under this clause:

· Name badge

· Minor items of stationery

· Christmas cards

· Business cards

· Corporate attire and presentation gifts for use in connection with civic functions, eg tie, scarf, spoon etc.

· Street directory

· Facsimile transmission sheets

· A raincoat and one pair of protective footwear for site inspections during inclement weather

· Replacement consumables, such as tapes, inks, and toner (not including paper) for the continued operation of the equipment provided in the ‘Equipment and Facilities for Councillors’ section of this policy.

· 5,000 sheets of plain white paper

· General Office Items purchased with the $1,162 allowance specified in the ‘Equipment and Facilities for Councillors’ section of this policy.

Additional Equipment and Facilities for the Mayor

Equipment and Facilities at the Council Administration Building

The Mayor shall be provided with additional equipment and facilities at the Council administration building. Equipment provided under this clause remains the property of Council. The following equipment and facilities shall be provided at the Council administration building:

Mayoral Office and resources

Council shall provide:

· A furnished office

· A computer, printer and peripherals

· Mayoral letterhead

· Mayoral robes for official, civic and ceremonial use

· Mayoral Chain of Office for official, civic and ceremonial use.

Executive Assistant

A qualified and experienced Executive Assistant shall be provided with equivalent experience, responsibilities and skills to that of the General Manager’s Executive Assistant. The Executive Assistant shall provide support to the Deputy Mayor in the absence of the Mayor.

Car parking

An allocated parking space shall be provided at the Council administration building.

Equipment and Other Items Required to be Returned

Upon election to office the Mayor may be provided with certain equipment and other items that shall be returned when the Mayor ceases to hold office. The following equipment and facilities shall be provided under this clause:

· Mayoral vehicle up to the standard of a Holden Statesman Caprice. The Mayoral vehicle shall be fully maintained by Council for the use by the Mayor for official, civic and ceremonial functions and appropriate use arising out of or in the course of the Mayor's official, civic and ceremonial functions. A petrol card shall be supplied to fuel the Mayoral vehicle at Council’s cost for official use only.

· Mobile telephone costs additional to that provided under the ‘Telecommunications Costs and Expenses’ section. The call limits referred to in this section shall be increased by $119 per month, making a total of $360 per month.

Other Items Not Required to be Returned

Upon election to the office, and where applicable throughout the term of office, the Mayor shall be provided with items of a consumable nature or which otherwise are not required to be returned when the Mayor ceases to hold office. In addition to those items listed for Councillors under clause 3.6 of this policy the following items are also not required to be returned:

· An additional 100 Christmas cards each year of mayoralty, making a total of 200 cards during each year of mayoralty

· An additional 250 Business cards each year of mayoralty, making a total of 750 cards during each year of mayoralty

· Additional corporate attire and presentation gifts eg Council ties, scarves, spoons, cuff links, etc for own use and presentations as appropriate and gifts suitable for younger persons.

Other Matters

Acquisition and Returning of Facilities and Equipment by Councillors

Upon ceasing to hold office a Councillor may purchase any Council equipment held by the Councillor at the depreciated value of the equipment as recorded in the Council's books of accounts at the time of ceasing to hold office if, in the opinion of the General Manager, the item is not required for Council purposes. This clause does not include a motor vehicle or any other item of equipment that is leased by Council.

Definitions

Term / Abbreviation	Definition
The Act	Local Government Act 1993
Year	Refers to the period from 1 July to the following 30 June.,
Councillor	Refers to all Councillors of Ku-ring-gai Council including the Mayor and Deputy Mayor
Year of Term	Refers to the twelve (12) month period commencing on the date of election to Council of a Councillor and every subsequent twelve (12) month period of the term of office.
Per Council Term	Refers to the four (4) year period that the Council was elected for.

Ordinary Meeting of Council - 7 October 2014	GB.6 / 99

Item GB.6	S05273
	16 September 2014

Investment Report as at 31 August 2014

EXECUTIVE SUMMARY

purpose of report:	To present Council’s investment portfolio performance for August 2014.

background:	Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

comments:	The net return on investments for the financial year to August 2014 was $723,000 against a budget of $567,000, giving a YTD favourable variance of $156,000.

recommendation:	That the summary of investments performance for August 2014 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Purpose of Report

To present Council’s investment portfolio performance for August 2014.

Background

Council’s investments are reported monthly to Council in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Comments

Investment Portfolio Performance Snapshot

The table below provides the investments portfolio performance against targets identified in Council’s Investment Policy as well as other key performance indicators based on industry benchmarks.

Cumulative Investment Returns against Budget

The net return on investments for the financial year to August 2014 was $723,000 against a budget of $567,000, giving a YTD favourable variance of $156,000. In August 2014, Council made a capital gain of $38,000 by selling one of its investments. The total return on investments (interest and net capital gain) for the month of August is provided below.

A comparison of the cumulative investment returns against year to date original budget is shown in the Chart below.

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of August 2014 was $105,375,000.

The net cash inflow for the month was $7,268,000 mainly due to first instalment of rates income.

There were two investments matured and one investment sold in August 2014, and five new investments were made during the month. Table 1 below provides detailed movements of investments by institution name, investment rating and interest rate.

Table 1 – Investment Movements - August 2014

Investment Performance against Industry Benchmarks

Overall during the month of August the investments performance was well above industry benchmark. The benchmark is specific to the type of investment and details are provided below.

Ø UBS Bank Bill Index is used for all Council’s investments

A comparison of the portfolio returns against investment benchmark is provided in Table 2 below.

Table 2 - Investments Performance against Industry Benchmarks

Table 3 below provides a summary of all investments by type and performance during the month.

Attachment A1 provides definitions in relation to different types of investments.

Table 3 - Investments Portfolio Summary during August 2014

Investment by Credit rating and Maturity Profile

The allocation of Council’s investments by credit rating and the maturity profile are shown below:

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L2.1 Council rigorously manages its financial

resources and assets to maximise delivery of

services

Council maintains and improves its long term financial position and performance.

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

Council’s investments are made in accordance with the Local Government Act (1993), the Local Government (General) Regulation 2005 and Council’s Investment Policy.

A revised Investment Policy was adopted by Council on 10 December 2013.

Section 212 of the Local Government (General) Regulation 2005 states:

(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council’s investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting.

Risk Management

Council manages the risk associated with investments by diversifying the types of investment, credit quality, counterparty exposure and term to maturity profile.

Council invests its funds in accordance with The Ministerial Investment Order.

All investments are made with consideration of advice from Council’s appointed investment advisor, CPG Research & Advisory.

Council has two “Grandfathered” investments in structured products that were previously entered into in accordance with The Ministerial Investment Order at the time. The Ministerial Investment Order no longer allows investment in these products. These investments are:

Maple Hill – HSBC Bank

Maple Hill, with a face value of $3,000,000, is invested by Council on a “held to maturity” basis being December 2014. This CDO has incurred six previous credit events by the underlying securities and can withstand a further five credit events before principal loss is incurred. There are no distressed securities now and independent advice is that the CDO is at low risk of not recovering the full principal. The investment has not operated outside of its terms and conditions, it continues to fully meet interest payments as and when they fall due and there has not been a reduction in the coupon rate. While Council intends to hold this investment to maturity, the market value at 31 August 2014 was quoted by HSBC at $2,938,000.

CPDO PP – Royal Bank of Scotland

This Constant Proportion Debt Obligations Principal Protected (CPDO PP), with a face value of $6,000,000, is invested by Council on a “held to maturity” basis being September 2016. This CPDO is capital protected at maturity date by Royal Bank of Scotland. Since December 2011 it ceased to pay interest, due to a decrease in the credit indices it was linked to, creating an unwind event. The investment now takes the form of a zero coupon senior bank bond with a value of $6M. While Council intends to hold this investment to maturity, the market value at 31 August 2014 was quoted by RBS Morgan at $5,587,000.

Financial Considerations

The budget for interest on investments for the financial year 2014/2015 is $3,338,500. Of this amount approximately $2,293,000 is restricted for the benefit of future expenditure relating to development contributions, $627,200 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $418,300 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government General Regulation 2005 and Council’s Investment Policy.

Summary

As at 31 August 2014:

Ø Council’s total cash and investment portfolio is $105,375,000.

Ø Council’s net return on investments for the financial year to August 2014 was $723,000 against a budget of $567,000, giving a YTD favourable variance of $156,000.

Recommendation:

A. That the summary of investments and performance for August 2014 be received and noted.

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

Tony Ly

Financial Accounting Officer

David Marshall

Director Corporate

Attachments:

A1 View

Investments definitions specific to Council’s investment portfolio

2014/037712

Ordinary Meeting of Council - 7 October 2014	GB.8 / 123

Item GB.8	S06785/3
	12 May 2014

Update Report on the Development Contributions System

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months.

background:	Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer services, financial management and project management and delivery of community assets.

comments:	This report focuses on key aspects of the development contributions policy, systems management and communications and highlights in asset instigation.

recommendation:	That the information in the report be received and noted and that Council authorises the commencement of the drafting of a fixed rate levy contributions plan (being an indirect contributions plan) for development that is currently exempt from, or not explicitly covered by, direct development contributions and that a report be brought back to Council prior to exhibition.

Purpose of Report

Background

Development contributions are a whole-of-Council activity, encompassing policy development, development assessment, customer service, financial management (including works programme cash-flow) and project management and delivery of community assets.

A report is provided to Council on a six-monthly basis outlining progress on the delivery of key items of infrastructure through the development contributions system. This report focuses on key aspects of development contributions policy, systems management and communications and highlights in asset instigation.

The key focus of this update report is open space and the public domain highlighting the progress over the last decade of redevelopment in Ku-ring-gai and the priorities going forward.

Comments

Update on Open Space acquisition and delivery 2004-2014

The present redevelopment phase really commenced around 2004 with the gazettal of the 2(d3) high density zones under the Ku-ring-gai Planning Scheme Ordinance. Concurrently, the contributions plan was rewritten to take into account this anticipated growth under the Ku-ring-gai s94 Contributions Plan 2004-2009. This document was amended twice before being replaced by the present Ku-ring-gai Contributions Plan 2010. The current contributions plan consolidated and subsumed both Ku-ring-gai s94 Contributions Plan 2004-2009 and the parallel Ku-ring-gai Town Centres Contributions Plan 2008 into one document covering the whole of the present redevelopment period from 2004 to 2031.

As development commenced under the new planning instruments, Ku-ring-gai researched and prepared the Ku-ring-gai Open Space Acquisition Strategy which was formally adopted in 2006. This document illustrated the distribution of existing open space and identified where there were deficiencies in provision of local open space. From this map, it became clear that these deficiencies were concentrated in the areas that were also experiencing intensive redevelopment activity (the dark red and red areas represent areas of high priority for acquisition as they have few local parks and a rapidly increasing population).

This strategy has guided the principles of acquisition of new open space since its adoption.

To date, Council has acquired the following properties for future open space and most are at various stages of conversion to parkland including two which have been delivered.

Property Addresses	Current Delivery Status
9, 15 and 17 Dumaresq Street Gordon	Part of the future civic and community precinct also including 818 Pacific Highway, 828 Pacific Highway, the car park at the rear and part of Radford Place. Masterplanning for the site is progressing but still at a preliminary stage.
27-31 Bruce Avenue Killara	Completed end of 2013, officially opened as Greengate Park in August 2014.
23 and 25 Duff Street and 1 Allen Avenue Turramurra	Pending the acquisition of one more property.
12 Woonona Avenue Wahroonga	Completed and opened as Balcombe Park in November 2012.
56 Stanley Street St Ives	Initial investment in future open space.
2-8 Gilroy Road Turramurra	Draft designs for the doubling of Cameron Park are being finalised for tender.
14-16 Carcoola St Ives	An extension of an existing reserve in the process of design work.
2-10 Bent Street Lindfield 1A Woodford Lane Lindfield (not yet final)	Part of the Lindfield Community Hub project. Masterplanning is progressing.

Council has also delivered Curtilage Park ( adjoining Mahratta) on land it already owned at Warrawee. Further open space will be incorporated into the Lindfield Village Green Project.

A revised map has been prepared which indicates the status of Council’s open space acquisition program as at August 2014. The diagram shows clearly how the distribution of access to local open space will be once the delivery of the present works program is complete.

The illustrations above underline that Ku-ring-gai Council has made demonstrable progress towards delivering a long-term acquisition program. This has been either fully or significantly funded by development contributions from new development ( since the start of the current redevelopment phase in 2004) and continues to take action to deliver out that adopted rolling works program.

Update on Infrastructure Delivery Projects – Civic, Public Domain and Community

Lindfield Community Hub

This project aims to deliver new community infrastructure including a local park and town square, a community centre and new branch library. The project is currently in the development phase: defining the project program and scope, and confirming feasibility. A report will be considered by Council in September to seek Council’s approval to move to the next stage which will involve an architect preparing concept options for public comment. Council staff are currently preparing the tender documentation to commence the site master planning. This project involves on-going liaison with representatives from Transport for NSW.

Lindfield Village Green

Council’s car park on Tryon Road is planned as the site for the proposed Lindfield Village Green. This project involves undergrounding of the existing car parking with a new urban park constructed over. Two independent quantity surveyors have prepared, and a further one is currently preparing, cost estimates which will define the project budget. Traffic planners have prepared preliminary basement car park layouts to assist with the cost estimating. Transport for NSW has indicated an interest in providing some commuter car parking below the Village Green. Once costs are finalised these will be sent to Transport for NSW for their consideration.

Tender documentation for engaging consultants and to construct the project is currently being compiled by Council staff. A report will considered by Council in September 2014 defining the final project scope, budget and program to enable movement onto the procurement stage

Cameron Park Turramurra

The concept plans have been completed and adopted by Council. Preparation of the construction drawings has proceeded and a Project Control Group has been established to guide the project. The final date that the project will go to tender for construction is still to be determined.

Future Projects

St Johns Avenue Gordon Streetscape

A Project Control Group has been established to guide the project through to construction with a focus this year on working actively with Transport for NSW to resolve details in relation to the new bus interchange and commuter car park and ensure integration with the proposed work along St Johns Avenue Gordon.

Property at 4 William Street Turramurra

The property at 4 William Street, Turramurra was acquired by Council in August 2011 for future open space. On 31 July 2012 at an Extraordinary meeting of Council to consider the Ku-ring-gai Local Centres Planning Proposal (post-exhibition) Council resolved that “Land previously purchased for open space at 4 William Street, Turramurra is to be disposed of.”

Prior to disposal of the property council staff undertook due diligence analysis and found that part (a 5 metre wide strip along the southern boundary) of the property was still required for road widening of Forbes Lane as per the Ku-ring-gai DCP 2013. Given this important strategic objective it is considered preferable to retain ownership of the property until further certainty is gained with the completion of the Ray Street Precinct Master Plan.

Overview of the 2013/2014 financial year

Ku-ring-gai still has a significant balance of development contributions due to intensive redevelopment activity in the last ten years and time-lags in the design and development of major new infrastructure projects with essential community involvement and consultation. With several major projects now being delivered and a rolling program of medium and large projects at various stages in the planning and delivery process, Ku-ring-gai is now expending contributions at a faster rate than its current rate of receipt – ensuring that we are getting on top of the infrastructure delivery phases.

The total figures for the past financial year show that Ku-ring-gai expended more than $16M in acquiring land and delivering projects compared to receipts of $9.5M plus interest allocations of $2.5M which are required to keep pace with the changing costs of delivering infrastructure over time. Balances in contributions funding are down to $60.5M against historic highs of nearly $80M. Most balances from older Contributions Plans have been expended or allocated against identified projects in the long term financial plan.

The current 2010 CP is also subject to internal borrowing which means that Council has been funding the acquisition and delivery of some local centres roads at the appropriate time to cater for development but ahead of total financial receipts from the centre, with the result that the roads account actual owes some future contributions back to the open space accounts. Depending on the rate of instigation of public domain works in the local centres, it is also possible that future internal borrowings to this category may also be required. Streetscape works associated with the Lindfield Village Green are likely to be the first to commence. Borrowing internal to a contributions plan is encouraged by the NSW State Government to facilitate timely delivery of the full package of supporting infrastructure. More detailed financial information is published in the quarterly reporting to Council of the Long Term Financial Plan and in Council’s Annual Report.

Notwithstanding the large and targeted scope of the rolling works program wholly or partly funded by development contributions under Council’s direct Contributions Plan, Ku-ring-gai Contributions Plan 2010, there are some capital works which were deleted from this CP in order to maintain a reasonable contribution rate. Additionally, new works - which may have considerable merit - arise during the life of a CP but these may not be able to be incorporated at Year 10/11 of a rolling works program. This is due to the effect of apportionment because there would inevitably be a shortfall arising from the demand attributable to development which had already received consent and paid their contributions and could not be retrospectively levied for any new work.

There are some alternate funding options which are outside the scope of this report such as grants and special rate levies. There is, however, a further option for contributions within the development contributions system. This is outlined further below.

A case for an Indirect Contributions Plan

This section of the report introduces the concept of preparing an indirect contributions plan, presently known as a s94A plan, for Ku-ring-gai. It would apply to development that is not currently subject to development contributions under the current Ku-ring-gai Contributions Plan 2010 and would operate separately to it with no overlap.

The difference between direct and indirect contributions plans

The present Ku-ring-gai Contributions Plan 2010 is what is known as a direct contributions plan. It levies a contribution under s94 of the Environmental Planning and Assessment Act 1979 towards the provision of a costed works program, on either a per capita basis (most works such as open space and community facilities) or based on traffic generation by use (new roads and traffic works) as applicable.

The specifically identified and QS costed works in the works programme of the Contributions Plan have a direct nexus to the demands generated by population growth and/or traffic demand growth arising from development. For ease of application, the per capita base rates for most contributions are multiplied by standard occupancy rates (from the census) and combined to present totals for typical types of development based on number of bedrooms or, for business demand, the area of business floor space in square metres. Works based on traffic generation are based on floorspace use and size rather than occupancy.

There is another type of contributions plan which does not rely on direct nexus; it is known as an indirect contributions plan. It is calculated as a percentage levy based on the cost of the proposed construction works. Under the current legislation such plans are authorised by s94A of the Environmental Planning and Assessment Act 1979. The key legislative controls for an indirect contributions plan are attached as Attachment A: s94A of the Environmental Planning and Assessment Act 1979; Attachment B: cl25J of the Environmental Planning and Assessment Regulation 2000; and Attachment C: cl25K of the Environmental Planning and Assessment Regulation 2000.

The Environmental Planning and Assessment Regulation 2000 limits the percentage contribution based on the proposed cost of carrying out the works as follows:

· Up to $100,000 = nil

· More than $100,000 and up to and including $200,000 = 0.5% of that cost

· More than $200,000 = 1% of that cost

Through these limitations, small scale development such as typical pools, decks, cabanas, fencing, garages, as well as smaller extensions, alterations and additions would continue to be exempt from any type of development contribution. There are additional exemptions listed in s94A including, for example, affordable housing, the adaptive reuse of a heritage item and fittings and furnishings unless there is an intensification of use.

The following outlines some of the potential costs incurred by these demarcations at the lowest end of the development cost scale rounded to the nearest dollar:

A development cost of $99,999 would not be subject to a contribution (nil at < $100,000)

A development cost of $100,001 would be subject to a contribution of $500 (rounded at 0.5%)

A development cost of $199,999 would be subject to a contribution of $1,000 (rounded at 0.5%)

A development cost of $200,001 would be subject to a contribution of $2,000 (rounded at 1%)

It is emphasised that percentage levies are best suited to small scale and/or scattered developments. They simply do not generate adequate capital to deliver infrastructure where intensive, concentrated, cumulative redevelopment is taking place as is the case in Ku-ring-gai. Nor do they provide adequate capital for the acquisition of any amount of land – anywhere, but particularly in places like Ku-ring-gai where average improved land acquisition costs are in the vicinity of $2,000/sqm (it should be noted that there is a variation in land values across Ku-ring-gai depending on location, current use and condition, development potential and topography among other factors); prices that the development industry also pays for development sites.

By way of demonstration: at 1%, a $20M development would be subject to a s94A levy of only $200,000 (1%) while generating cumulative direct demands for infrastructure of substantially higher cost to deliver. The recently completed Greengate Park - just one local park and playground - cost $5.8M in property acquisition in 2010 and a further $1.2M to deliver over 2012-2013. Thirty five $20M developments would be needed to deliver just one comparable local park, not including the community facilities, road works and urban spaces that are also required to support intensive redevelopment in an urban setting. Indirect contributions at a very restricted rate of 1% cannot replace direct contributions in Ku-ring-gai and deliver supporting infrastructure where it is needed.

Therefore there is no proposal to replace the current direct Contributions Plan with an indirect Contributions Plan. A s94A Plan sitting alongside the current CP but applying to different development and to be applied towards funding different infrastructure, is the present conceptual proposal.

Principles of Indirect and Direct Contributions Plans

The key pros and cons of direct (s94) and indirect (s94A) Contributions Plan are as follows:

Direct Contributions Plans allow for the provision of identified, costed, essential infrastructure, clearly linked by causal nexus to development, to be funded at up to full-cost recovery subject to the laws of apportionment and the achievement of a reasonable contribution rate which does not stifle redevelopment.

Indirect Contributions Plans are not subject to the same strict interpretation of the rules of nexus or apportionment (though apportionment may be required due to their low yield) but are limited to up to 1% of the cost of development. This type of Contributions Plan does not yield adequate income where land acquisition is required but can provide for other types of infrastructure.

Both require a works program but a direct (s94) CP requires a detailed costed works program which is linked to the mathematically derived contribution rate and to the delivery of which, Council effectively commits upon its adoption. S94A CPs can contain a list of targeted works in priority order or ranking which are reliant on actual receipts – which are more difficult to predict than the potential of large areas rezoned for high-density development. This works program could consist of a number of small projects – particularly those that had to be culled from the present s94 Contributions Plan (Ku-ring-gai Contributions Plan 2010) in order to maintain a reasonable contribution rate but are still needed – and/or could target fewer but larger regional projects of benefit to a significant proportion of the population.

The ‘direct’ and ‘indirect’ systems must be wholly exclusive insofar as no single development consent can be subject to both a direct and an indirect contribution. However it is possible for both contributions plans to operate in the same geographic area provided they apply to different development and provide for exclusive infrastructure components. Council must be transparent in demonstrating that there is no double-dipping in the funding of infrastructure components between the two systems.

Current practice

Following long-standing practice in Ku-ring-gai, alterations and additions to existing dwellings and knock-down rebuilds of existing dwellings have been exempt from the need to pay development contributions under s94 of the Act. While direct nexus can be lawfully be demonstrated on a statistical basis because an average three bedroom dwelling has a higher occupancy than an average two bedroom dwelling, it is also arguably possible that an additional bedroom may only accommodate the existing family who have been making do with more cramped accommodation. This means that direct nexus is difficult to demonstrate and, as a consequence, these types of development have been traditionally exempt from direct contributions here. Other LGAs do levy this type of development either directly or indirectly (via s94 or s94A).

It is also true that Ku-ring-gai is witnessing many examples of substantial capital investment in the demolition of older, smaller-scale dwelling houses and their replacement with much larger modern houses. An analysis of Complying Development Certificate statistics for the calendar years of 2012, 2013 and half of 2014, indicates a range of capital investments for knock-down rebuild-type new dwellings and alterations and additions to existing dwellings from below the threshold of $100,000 to upper range examples of $1,793,400; $1,451,000; and 36 instances between $750,000 and $1M.

Next steps

In order to seek approval from Council to invest time and resources to proceed with the research and development of an indirect Contributions Plan, preliminary analysis only has been undertaken of 2012, 2013 and part 2014 CDCs. This indicated that annual receipts arising from an indirect contribution could be in the order of between $750,000 and $1M. More detailed analysis as part of preparing a draft document with a works programme would allow additional staff time to be allocated to a further refinement of these indicative figures by removing any CDCs that were lawfully subject to a s94 contribution or of a type that would be excluded from indirect contributions e.g. affordable housing.

In this context two of the higher cost developments were boarding houses which would be prudently considered likely to be able to mount a reasonable case for exemption, the methodology for which should be clearly delineated in any such CP. Further investigation also needs to be undertaken into the legality and feasibility of levying private educational establishments, hospitals other building activity which may not definitively fall within the definition of business floorspace under the present direct Contributions Plan.

Conclusion

The recommendation to this report includes wording to authorise Council officers to proceed with the researching and drafting of an indirect contributions plan. During this process, the range of development to which it could – or could not apply – will become more clear as well as how to define how it should relate to the adopted Ku-ring-gai Contributions Plan 2010. The recommendation requires a formal report prior to exhibition however it is expected that there would be at least one Councillor briefing and/or workshop during the process of drafting to keep Councillors involved in the progress and direction of the research and drafting.

integrated planning and reporting

Theme One: Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C1.1 An equitable and inclusion community that cares and provides for its members

Our community facilities are accessible and function as cultural hubs to attract a range of users

C6.1.1.1.1-C6.1.1.1.3 New community facilities under design and planned delivery for Lindfield Town Centre

C4.1 A community that embraces healthier lifestyle choices and practices

New and enhanced open space and recreation facilities have been delivered to increase community use and enjoyment

C4.1.2.1.1; C4.1.2.1.2; and C4.1.2.1.3

Greengate Park ready to open. Eton Road Oval and community centre opened 17 December 2013. Balcombe Park Wahroonga opened last year. Cameron Park Turramurra ready to commence construction.

Theme Three: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P1.1 Ku-ring-gai’s unique and visual character and identity is maintained	Place making programmes are being implemented for selected council owned areas	P1.1.1.1.2 Lindfield town centre – both east and west of the railway line/Pacific Hwy – undergoing urban renewal
P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai	Strategies, plans and processes are in place to effectively manage the impact of new development	P8.1.1.1.1.1-2 Ku-ring-gai Contributions Plan 2010 ensures new development contributes towards the cost of delivering supporting infrastructure.
P4.1 Our centres offer a broad range of shops and services and contain lively urban village spaces where people can live, work, shop, meet and spend leisure time	Plans to revitalise local centres are bring progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community	P1.1.1.1.2 Lindfield is the first centre to undergo comprehensive Masterplanning for revitalisation.
P6.1 Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs	A programme is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.	C4.1.2.1.2-3; New facilities are being established including: Eton Road Oval, Greengate Park and Cameron Park.
P7 Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs	Standards are developed to improve the condition and functionality of existing and new assets	C6.1.2.1.2 New community facilities including a new library and multi-purpose community facilities are in the Masterplanning stages for Lindfield.
P8.1 An improved standard of infrastructure that meets the community’s service level standards and Council’s obligations as the custodian of our community’s assets	Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity	C6.1.2.1.2; C4.1.2.1.3 New public infrastructure is planned to support new development and ensure that everyone who lives and works in Ku-ring-gai continues to enjoy access to public facilities.

Theme Four: Access, Traffic and Transport

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1 A range of integrated transport choices are available to enable effective movement to, from and around Ku-ring-gai

A network of safe and convenient links to local centres, major land uses and recreational opportunities is in place

C6.1.2.1.1; T1.1.3.1.1

Lindfield Commuter car park, park, community facilities and realigned Drovers Way.

T3.1 An accessible public transport and regional road network that meets the diverse and changing needs of the community

A strategic access, traffic and transport plan is being implemented for the Northern Sydney Region

C6.1.2.1.1; T 1.1.3.1.1

Commuter car parking and new link roads

Theme Six: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1 A shared long term vision for Ku-ring-gai underpins strategic collaboration, policy development and community engagement

Council’s responses to government policy and reforms are guided by and aligned with the adopted Community Strategic Plan 2030 “Our Community – Our Future’

L1.1.2.1.1 and L1.1.2.1.2

Ku-ring-gai made a comprehensive submission to the White Paper and Planning Bill and continues to have input into on-going planning for the future Planning System in respect of the future contributions system with the Department of Planning and Infrastructure.

L2.1 Council rigorously manages its financial resources and assets to maximise delivery of services

Council expenditure satisfies the needs of the community and Council has increased its commitment to infrastructure asset management priorities

C6.1.1.1.2

Council is leveraging the value of its assets to combine with contributions to deliver major community assets in Lindfield

Governance Matters

Regular reporting

The need to give members of Council and the community more information on the progress and activity in the development contributions systems was identified as part of the Delivery Program and the Operational Plans. This update report has been provided regularly (six-monthly) since 2011. It is also intended to provide additional information and links on Council’s website throughout the year.

Internal audit

Council’s Contributions System was recently the focus of an internal review. While generally the system is well managed, there are a couple of areas that could be further improved including documenting and updating of current procedures for incorporation in the procedures manuals of each relevant section of Council which is involved in a component of the contributions process, and a formal audit that contributions arising from privately certified applications have been paid (and appropriate legal proceedings instigated if required).

An internal committee has been set up to ensure these matters are attended to. The financial audit has been undertaken and found that, generally, Council has received all the contributions to which it was entitled. There were very few instances of payments having been missed by private certifiers and all for very small scale development (single dwellings) which have been chased up by the Finance Unit.

Risk Management

A rolling works program

The works programme arising out of Ku-ring-gai Contributions Plan 2010 through to at least 2031 is a multi-million dollar undertaking. Infrastructure delivery will be possible only through the receipt of contributions which will be affected by several economic cycles over the life of the contributions plan. The risks in taking such a strategic horizon are managed through regular reviews of the contributions plan, at a minimum after the release of data from each five-yearly census or, more frequently, if the pace or scale of development is definitely changed by any statutory process or economic cycle. The rate and scale of development is monitored by Council staff. Sydney Water figures for delivered dwelling yield are also referenced.

Acquisition of a number of targeted sites by negotiation has not been possible. Council may need to consider compulsory acquisition of some of these sites to assist with finalisation of a range of park and local road land projects in a timely manner. If this approach becomes necessary, this would present a risk.

Proposed reforms

A much greater risk is the uncertainty surrounding the implementation of many of the proposals provided for in the White Paper: A New Planning System for NSW and associated Draft Exposure Bill. The fate of the Bill, following its failure in the Senate late last year, remains unclear. It is possible a revised Bill may be presented by the new Minister. It is considered more likely that the NSW Government will be looking at ways to introduce the reforms they see as key within the scope of the existing legislation. In this context it should be noted that Ministerial Directions, State Environmental Planning Policies and even revised Regulations do not require Parliamentary endorsement. With respect to the contributions system, there also exists reforms assented in 2008, known as Part 5B of the Environmental Planning and Assessment Act, that have not yet been commenced.

There are a number of the originally proposed reforms that are likely to impact on Ku-ring-gai. Of these, the main reform issues include an apparently rigid time limit for expenditure, and how this might be demonstrated and a flagged intention to defer payments until later in the approval and development process and how revenue might be guaranteed.

Additionally, it remains unclear how the proposed State and Regional contributions are envisaged to work. The difficulty with imposing additional contributions over and above the local contributions is that some areas, such as Roseville and the Pymble Business Park, the current contributions, when adopted, were assessed as near the capacity of economically feasible development. Ku-ring-gai as already trimmed its works programme. There are some indications from the State Government that we may have a clearer direction on this matter before the next six-monthly update.

Financial Considerations

Council maintains a dynamic Long Term Financial Plan. The works program of Ku-ring-gai Contributions Plan 2010 was integrated into the Long Term Financial Plan from the start of 2011 and adopted by Council on 3 May 2011. Since that date, it has been updated annually and duly reported to Council to ensure its currency. Staff of both the Finance Unit and the Urban Planning & Heritage Unit monitor both income and development growth respectively and liaise to maintain a deliverable works programme. The scheduling of works through to the long term should be considered somewhat fluid depending on strategic opportunities that might arise from time-to-time and the management of cash flows during the economic cycle.

In this context, the Ku-ring-gai Contributions Plan 2010 comprises a large range of works from small-scale parkland embellishments to major community infrastructure which facilitates considerable flexibility in managing a financially deliverable work programme over time.

An internal review has been undertaken by Council’s Finance Section for the purpose of confirming receipts of section 94 development contributions and projecting future contributions income for currently operating development applications. The process involves the reconciliation and maintenance of the section 94 contributions register in compliance with the Environmental Planning & Assessment (EP&A) Act and Government Information (Public Access) Act (GIPA) requirement and the review of procedures followed by staff to ensure adequate controls are in placed when levying and collecting contributions. It is anticipated that the outcome of the review will facilitate the analysis of funding available for the Long Term Financial Plans capital works programme and allow better cash-flow management.

Ku-ring-gai Council Finance staff continue to refine the cash-flow management of development contributions to support and facilitate the delivery programme over the life of the Contributions Plan. As part of this process, staff from both the Finance Unit and the Strategy Planning Unit have met to consider managing the issue of pooling contributions across the Contributions Plan to facilitate an efficient programme of infrastructure delivery over time. A much-anticipated improvement is a dedicated cash-flow management system feeding into the Long Term Financial Plan for the analysis and improved financial cash-flow management of development contributions.

This will become an even greater priority in 2014/2015 ahead of new systems to be instigated by the Department of Planning and Infrastructure under either the existing or new legislation.

Social Considerations

Ku-ring-gai Local Government Area has been going through a period of change commencing in 2004. This is bringing about population growth and demographic change following years of declining and stable population since the 1980s. Infrastructure is essential to support and encourage the integration of the new residents in Ku-ring-gai, both among residents of the new dwellings being built and those moving into larger existing housing vacated by the members of Ku-ring-gai’s older population who have ‘downsized’ into smaller local accommodation.

The provision of additional community infrastructure providing both outdoor and indoor community spaces will continue to support this process and help Ku-ring-gai continue to be a vibrant and popular place to live for all ages.

Ku-ring-gai Council continues to prioritise the delivery of community infrastructure in areas of high development activity and in accessible locations for the majority of residents as well as local businesses and their employees.

Environmental Considerations

Environmental considerations are part of the detailed design of every item of infrastructure provided for in the Contributions Plan. The provision of this infrastructure is required to support cohesive and sustainable communities in areas of increasing urbanisation.

Community Consultation

One of the areas where Council could do better is in the publication of information relating to the delivery of infrastructure arising from development contributions on an on-going basis. The review, redesign and upgrade of Ku-ring-gai Council’s website can facilitate this process. This remains a key objective for the remainder of 2014 but has been delayed by other priorities.

As well as providing a current information resource for the community and local developers, this visual demonstration of Council’s on-going delivery of infrastructure will also assist in addressing inquiries from the media and from external development agencies related to the expenditure of development contributions and the delivery of infrastructure.

Internal Consultation

The management of the development contributions system is a truly whole-of-Council system from policy development, to contributions calculation, through inflation and receipting to infrastructure development. All aspects of the contributions system are co-ordinated across Council with input from all areas with a direct interest in that aspect on an on-going basis.

Summary

This report summarises where Ku-ring-gai is heading in the delivery of infrastructure funded, or partly funded, by development contributions across the LGA with particular reference to the local centres along the Pacific Highway and in St Ives where the majority of redevelopment is concentrated. It includes an update on the open space acquisition programme. This report is the sixth in a series of six-monthly updates since 2011.

It should be noted that this is a summary outline report. More technical financial detail is reported quarterly in Council’s Long Term Financial Plan, in Council’s annual budget and, in respect of major items of infrastructure, as part of site specific reporting on those projects: for example, the Ku-ring-gai Fitness and Aquatic Centre- West Pymble and North Turramurra Recreation Area.

Major delivery projects such as the Lindfield Village Green and the Lindfield Community Hub are also the subject of separate, detailed, reports to Council. Turramurra will be the next focus of prospective community infrastructure delivery, the process commencing with the Activate Turramurra community event held on Wednesday 6 August 2014.

This report also foreshadows an additional opportunity to capture alternate development contributions (called indirect contributions based on the cost of development) from development that is currently exempt from traditional contributions (known as direct contributions and levied on the basis of the direct nett additional population increase attributable to development). This matter is now commended for Council’s consideration before any process formally commences.

Recommendation:

A. That the latest update report on the development contributions system in Ku-ring-gai be received and noted;

B. That Council authorise the commencement of research and drafting of an indirect contributions plan and that a further report be presented to Council prior to exhibition.

C. That the property at 4 William Street, Turramurra be retained for the purposes of a local centre road and not be divested in accordance with the OMC resolution of 31 July 2012.

Kate Paterson

Infrastructure Co-ordinator

Bill Royal

Team Leader Urban Design

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 View	Section 94A Environmental Planning and Assessment Act	2014/162039
	A2 View	Clause 25J Environmental Planning and Assessment Regulation	2014/162034
	A3 View	Clause 25K Environmental Planning and Assessment Regulation	2014/162038

Ordinary Meeting of Council - 7 October 2014	GB.9 / 146

Item GB.9	S06604/2
	18 September 2014

Amendments to Lindfield Library Site Plan of Management for Public Exhibition

EXECUTIVE SUMMARY

purpose of report:	To amend the Lindfield Library Site Plan of Management to expressly authorise the private residential leasing of the former Arrunga Aged Care Self-Contained Units and place the draft Plan on public exhibition.

background:	The Lindfield Library Site Plan of Management was last adopted by Council on 3 September 2002 .The Plan of Management includes The Arrunga Aged Care Self-Contained Units, which comprise 14 units in a two storey brick building. The units were constructed by the Ku-ring-gai Old People’s Welfare Association Ltd (KOPWA) in 1963. In early March 2014 KOPWA voluntarily gave Council notice of its intention to vacate the site. The site was vacated and handed back to Council in late March 2014.

comments:	Currently the Lindfield Library Site Plan of Management expressly authorises the leasing of the Arrunga Aged Care Self-Contained Units to KOPWA Ltd. As KOPWA has now vacated the Site, should Council wish to lease the units for private residential purposes Council is required to amend the Plan of Management to expressly authorise this leasing purpose and place the draft plan on public exhibition for public comment.

recommendation:	That Council amend the draft Lindfield Library Site Plan of Management to expressly authorise the leasing of the former Arrunga Aged Care Self-Contained Units for private residential purposes and that the draft Lindfield Library Site Plan of Management be placed on public exhibition for a period of 28 days plus a further 14 days for submissions in accordance with the Local Government Act 1993 and also that the draft Lindfield Library Site Plan of Management be brought back to Council following public exhibition to consider any public submissions received and adopt the Plan.

Purpose of Report

Background

The Lindfield Library Site Plan of Management was last adopted by Council on 3 September 2002 and includes the following facilities:

· Lindfield Branch Library;

· former Arrunga Aged Care Self-Contained Units;

· Lindfield Seniors’ Centre;

· Lindfield Seniors’ Resource Centre;

· Lindfield Community Centre tennis courts and sun shelter;

· toilet facilities;

· car park;

· landscaped areas; and

· historic well.

Following adoption of the Plan in 2002, the Ku-ring-gai Youth Development Service (KYDS) also commenced operations in a facility attached to the rear of Lindfield Library in 2005.

Council is the owner of Lots 1, 2 and 3 DP 212617. Lot 3 DP 212617 contains the 14 Arrunga Aged Care Self-Contained Units and Lot 2 DP 212617 contains the Lindfield Seniors Centre. Both Lots 1 and 2 DP 212617 are located at 259–261 Pacific Highway, Lindfield - Lot 2 fronting the Pacific Highway, and Lot 3 at the rear of Lot 2. The land classified as Community Land.

The larger site at 259–271 Pacific Highway Lindfield comprises the Lindfield Library, the Lindfield Seniors’ Centre, 14 Arrunga Aged Care Self-Contained Units and the Lindfield Seniors’ Resource Centre.

Council acquired the site by resumption from the Coleman family in 1948. The site is of heritage interest as it contains a well which was used by the previous owners. The well is protected under the NSW Heritage Act 1977.

The Lindfield Library was developed in 1954, the Seniors’ Centre constructed in 1962, followed by the 14 Arrunga Aged Care Self-Contained Units in 1963. The Seniors’ Resource Centre was converted from the Lindfield Baby Health Centre in 1991.

From its opening in 1962 until 1997, the Seniors’ Centre was managed by KOPWA Ltd. In 1997 the Ku-ring-gai Seniors Centre’s Committee was established and was responsible for the management and operation of the Seniors’ Centre and the Seniors’ Resource Centre until the early 2000’s, when the committee ceased to exist.

Since 1962, KOPWA Ltd has been in continuous occupation of Lot 3, on which they constructed the 14 Arrunga Aged Care Self-Contained Units in 1963, and paid a peppercorn rent. Legal access to Lot 3 has been provided by a twenty foot wide Right of Carriageway (ROC) over the adjacent Lot 1.

This ROC expired on the expiry of the lease over Lot 3. Council has constructed an asphalt driveway on Lot 1 and established eight, two hour, time limited car parking spaces over the south-eastern section of the ROC. The 14 Arrunga Aged Care Self-Contained Units have been maintained by KOPWA Ltd, however many were left in a poor condition upon handover to Council in March 2014.

Clause (h) of the KOPWA lease which expired on 30 April 2012 transferred the ownership of the building containing the 14 Arrunga Aged Care Self-Contained Units to Council on the expiry of the lease. The building is currently 51 years old and is likely to be reaching the end of its economic life.

The Arrunga Aged Care Self-Contained Units is comprised of 14 units in a two storey brick building with reinforced concrete floors and a tiled roof. The units were constructed by the Ku-ring-gai Old People’s Welfare Association Ltd (KOPWA) in 1963 and have a gross floor area of 340 square metres.

In early March 2014 KOPWA voluntarily gave Council notice of its intention to vacate the site. The site was vacated and handed back to Council in late March 2014.

Comments

Currently the Lindfield Library Site Plan of Management expressly authorises the leasing of the Arrunga Aged Care Self-Contained Units to KOPWA Ltd. KOPWA has now vacated the site and informed Council that it will not be renewing its lease. If Council wishes to lease the units for private residential purposes Council is required to amend the Plan of Management to expressly authorise this type of leasing and place the draft Plan on public exhibition for public comment, in accordance with sections 46, 38 and 40 of the Local Government Act 1993.

It is recommended that Council amend section 2.7 of the draft Plan of Management (refer Attachment A1) to expressly authorise the leasing of the former Arrunga Aged Care Self-Contained Units for private residential purposes and place the draft Plan on public exhibition for a period of 42 days.

Section 3.16 Ku-ring-gai Youth Development Service (KYDS) has also been added to the draft plan of management, as KYDS commenced operations after the plan of management was adopted in 2002.

The draft Plan has also undergone minor editorial changes, none of which have materially changed the meaning or intention of any sections of the current 2002 plan of management.

Following public exhibition a report will be brought back to Council to consider any submissions received and adopt the plan of management.

Following the public exhibition process and adoption of the plan of management by Council, a further report will be brought to an Ordinary Meeting of Council outlining the physical improvements and cost estimates that are necessary to bring the units up to a minimum acceptable condition for residential leasing. This report would also include the process for marketing and leasing the units.

integrated planning and reporting

Community Strategic Plan - Theme 3 Places, Spaces and Infrastructure - P7 Enhancing community buildings and facilities.

Community Strategic Plan - Theme 1 Community, People and Culture – C6 Housing Choice and Availability.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P7.1 Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs.

P7.1.2 Usage of existing community buildings and facilities is optimised.

Community leases are reviewed and implemented in line with leasing policy.

C6.1 Housing diversity, adaptability and affordability is increased to support the needs of a changing community.

C6.1.1 Council’s planning approach to the provision of housing across Ku-ring-gai addresses the supply, choice and affordability needs of the community.

C6.1.2 Diversity and supply of new housing has been investigated to provide safe and responsive housing that addresses the changing population.

C6.1.3 Plans encourage enhanced adaptability to allow for ageing in place, accessibility and sustainable

housing.

Undertake review of Council properties with the ability to provide alternative housing choices.

Governance Matters

Under the Local Government Act 1993, Section 38 Public Notice of draft Plans of Management:

(1) A council must give public notice of a draft plan of management.

(2) The period of public exhibition of the draft plan must be not less than 28 days.

(3) The public notice must also specify a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to the council.

(4) The council must, in accordance with its notice, publicly exhibit the draft plan together with any other matter which it considers appropriate or necessary to better enable the draft plan and its implications to be understood.

Under the Local Government Act 1993, Section 40 Adoption of Plans of Management:

(1) After considering all submissions received by it concerning the draft plan of management, the council may decide to amend the draft plan or to adopt it without amendment as the plan of management for the community land concerned.

(2) If the council decides to amend the draft plan it must either:

(a) publicly exhibit the amended draft plan in accordance with the provisions of this Division relating to the public exhibition of draft plans, or

(b) if it is of the opinion that the amendments are not substantial, adopt the amended draft plan without public exhibition as the plan of management for the community land concerned.

(2A) If a council adopts an amended plan without public exhibition of the amended draft plan, it must give public notice of that adoption, and of the terms of the amended plan of management, as soon as practicable after the adoption.

Under the Local Government Act 1993, Section 46 Leases, licences and other estates in respect of community land-generally

(1) A lease, licence or other estate in respect of community land:

(a) may be granted for the provision of public utilities and works associated with or ancillary to public utilities, or

(a1) may be granted for the purpose of providing pipes, conduits or other connections under the surface of the ground for the connection of premises adjoining the community land to a facility of the council or other public utility provider, or

(b) may be granted, in accordance with an express authorisation in the plan of management and such provisions of the plan of management as apply to the granting of the lease, licence or other estate:

(i) for a purpose prescribed by subsection (4), or for a purpose prescribed by any of sections 36E to 36N as a core objective of the categorisation of the land concerned, or

(ii) for a purpose prescribed by the regulations, if the plan of management applies to several areas of community land, or

(iii) for a short-term, casual purpose prescribed by the regulations, or

(iv) for a residential purpose in relation to housing owned by the council, or

(c) may be granted in order to allow a filming project to be carried out, whether or not the project is in accordance with the plan of management or is consistent with the core objectives of the categorisation of the land concerned, but may not otherwise be granted.

A council must not grant a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 30 years.

Following public exhibition and consideration of any submissions received a report will be brought back to Council for consideration to final adoption of the Plan of Management.

Risk Management

The on-going vacancy of the former Arrunga Aged Care Self-Contained Units in the short term presents a risk to Council in terms of vandalism and potential squatter occupation.

Any risk management issues will be identified and addressed in the lease agreement for each dwelling.

Financial Considerations

The only costs to Council to amend the Plan of Management are advertising costs during the public exhibition period. The amendment of the Plan to permit private leasing of the residential dwellings on the site will generate revenue for Council.

Social Considerations

Due to their age, condition and small size, leasing of the 14 units at the Lindfield Library site to private tenants is likely to provide a significantly more affordable housing option for a small number of residents compared to other more expensive residential leasing options currently available in the Ku-ring-gai rental market and Lindfield in particular.

Environmental Considerations

As the residential units have been used for residential purposes for many years by KOPWA until its recent closure, it is not considered that private leasing to individual tenants will lead to any significant or additional environmental impacts.

Community Consultation

Under Section 38 of the Local Government Act 1993 Council is required to publicly exhibit the draft Plan of Management for a period of 28 days plus a further 14 days to receive submissions. Public exhibition will commence as soon as practicable following the Council resolution to proceed.

The public exhibition will include public notification of the exhibition period in the North Shore Times, on Council’s website and at Council’s Administration Centre and libraries.

Internal Consultation

Council officers in the Community Department and Strategy and Environment Departments have been consulted in the preparation of this report.

Summary

The Lindfield Library Site Plan of Management was last adopted by Council on 3 September 2002. The Plan of Management includes the Arrunga Aged Care Self-Contained Units, which comprise 14 units in a two storey brick building and have a gross floor area of 340 square metres.

The units were constructed by the Ku-ring-gai Old People’s Welfare Association Ltd (KOPWA) in 1963. In early March 2014 KOPWA voluntarily gave Council notice of their intention to vacate the site and it was handed back to Council in late March 2014.

Currently the Lindfield Library Site Plan of Management expressly authorises the leasing of the Arrunga Aged Care Self-Contained Units to KOPWA Ltd. As KOPWA has now vacated the site and informed Council that they will not be renewing their lease, should Council wish to lease the units for private residential purposes, Council is required to amend the Plan of Management to expressly authorise this leasing purpose and place the draft Plan on public exhibition for public comment.

It is recommended that Council amend the draft Lindfield Library Site Plan of Management to expressly authorise the leasing of the former Arrunga Aged Care Self-Contained Units for private residential purposes.

In order to amend the draft Plan, Council is required to place it on public exhibition for a period of 28 days plus a further 14 days for submissions in accordance with the Local Government Act 1993, after which Council is required to consider any submissions before formally adopting the Plan.

Recommendation:

A. That Council amend section 2.7 of the draft Lindfield Library Site Plan of Management to expressly authorise the leasing of the former Arrunga Aged Care Self-Contained Units for private residential purposes.

B. That the draft Lindfield Library Site Plan of Management be placed on public exhibition for a period of 28 days plus a further 14 days for submissions in accordance with the NSW Local Government Act 1993.

C. That the draft Lindfield Library Site Plan of Management be brought back to Council following public exhibition to consider any public submissions received and adopt the Plan.

Roger Faulkner

Team Leader Sport & Recreation Planning

Ian Dreghorn

Manager Strategic Projects

Andrew Watson

Director Strategy & Environment

Attachments:

A1 View

Lindfield Library Site - Draft Plan of Management

2014/242970

Ordinary Meeting of Council - 7 October 2014	MM.1 / 20

Item MM.1	CY00455/2
	29 September 2014

Ordinary Meeting of Council - 7 October 2014	GB.2 / 28

Item GB.2	CY00440/2
	7 August 2014

Ordinary Meeting of Council - 7 October 2014	GB.4 / 88

Item GB.4	CY00259/6
	9 September 2014

Ordinary Meeting of Council - 7 October 2014	GB.5 / 93

Item GB.5	CY00043/6
	15 September 2014

Ordinary Meeting of Council - 7 October 2014	GB.7 / 108

Item GB.7	S03779/2
	26 September 2014

Attachments:	A1 View	Delegation of Authority - Mayor		2014/226111
	A2 View	Delegation of Authority – Deputy Mayor		2014/226119

Ordinary Meeting of Council - 7 October 2014	NM.1 / 185

Item NM.1	S09469
	25 September 2014

Ordinary Meeting of Council - 7 October 2014	NM.2 / 186

Item NM.2	S09582
	29 September 2014

Ordinary Meeting of Council - 7 October 2014	NM.3 / 188

Item NM.3	S10321
	29 September 2014