Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 14 August 2018 AT 7:00 pm

Level 3, Council Chamber

Agenda

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

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

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 following confidential reports and their attachments:

C.1 Lindfield Village Hub - Technical Advisor Tender

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

C.2 Review of Organisation Structure

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).

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 confidential attachments to the following General Business reports:

GB.4 Major Projects Advisory Committee

Attachment A1: Attachment 1 Recommended and Alternative Members to MPAC 14 August 2018

Attachment A2: Attachment 2 Resumes for Recommended and Alternative Members to MPAC 14 August 2018

The above attachments are considered confidential because 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).

GB.13 RFT5-2018 Comenarra Playing Field Amenities Upgrades

Attachment A1: Tender assessment and recommendation report

The above attachment is considered confidential because it would reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

GB.14 RFT6-2018 George Christie Playing Field Amenities Upgrades

Attachment A1: Tender assessment and recommendation report

The above attachment is considered confidential because it would reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

GB.15 RFT7-2018 Roseville Chase Amenities Upgrades

Attachment A1: Tender assessment and recommendation report

The above attachment is considered confidential because it would reveal a trade secret, in accordance with Section 10A(2)(d)(iii).

Address the Council

NOTE:

Persons who address the Council should be aware that their address will be recorded on the official audio recording of this meeting.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 13

File: S02131

Meeting held 24 July 2018

Minutes numbered 197 to 220

minutes from the Mayor

MM.1 Public Library Funding 30

File: S10391

This Mayoral Minute is to seek Council support for the NSW Public Libraries Association and LGNSW advocacy campaign for additional funding for public libraries.

There has been a gradual but steady decline in the amount councils receive from the NSW Government for library funding, to the point where the gap between government support and council expenditure has reached crisis levels.

In 2015-2016 state funding for public libraries covered only 7.8% of the total costs of operating the 368 NSW libraries. NSW public libraries receive the lowest per capita funding from their state government compared with all other states in Australia. For example, Queensland public libraries receive 12% state government funding and Victoria 18%.

This is despite the fact that public library patronage continues to climb and diversify. In Ku-ring-gai, library use has increased exponentially in the last ten years, not just as a place to borrow books, but as an important community hub for education and other activities.

For example, attendance doubled from around 5,000 to 10,000 for children’s story telling, author talks, seminars and study help. Loans of library items now average over 900,000 every year.

Our libraries play an important part in non-English speaking residents’ lives. Ten years ago we had 1,562 members from 20 non-English language groups; we now we have 5,236 members from 53 non-English language groups.

Despite two reviews by the state government – one in 2011 and another in 2016 – nothing has been done about the steady decline in NSW public library funding.

The 2018-2019 NSW budget has delivered another blow, through a further 5% cut to operational funding and no infrastructure funding at all for metropolitan council libraries.

Ku-ring-gai Council has invested significantly in its libraries over the past decade, spending $7.75 million in capital expenditure and $3.95 million in annual operating costs to keep our libraries running to the standard our community expects.

Libraries play a major part in supporting the achievement of government literacy targets. They provide collections, programs and spaces for older people, multicultural communities, school students and people who are digitally disadvantaged.

The NSW Public Libraries Association has joined forces with the peak body representing councils, LGNSW, to establish a library funding advocacy initiative in the lead up to the 2019 state election.

The Renew Our Libraries strategy will be rolled out over the next 8 months, advocating on behalf of our communities to highlight that the network of 368 public libraries has reached a funding flashpoint and that without significantly increased and sustainable funding a reduction in services will be inevitable.

The success of this approach relies heavily on the support of NSW councils, their libraries and their communities. It should be noted that the following motion was unanimously endorsed at the Local Government NSW 2017 Conference:

That Local Government NSW works with the NSW Public Libraries Association (NSWPLA) to develop a strategic partnership to:

a) increase public awareness of the multiple roles that Local Government Public Libraries play in supporting the educational, social, cultural and economic outcomes in local communities

b) advocate, in the lead up to the March 2019 State election, for improved State Government funding for Local Government Public Libraries in NSW to enable public libraries to meet the growing needs of our local communities.

The NSW public library network is at serious risk. Neither this Council nor others can continue with the high degree of uncertainty about ongoing funding for public libraries from the state government. Nor can they continue meeting persistent shortfalls in funding.

Therefore I recommend that this Council supports the NSW Public Libraries Association and LGNSW campaign to reverse the ongoing deterioration of state funding for public libraries.

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 Lindfield Village Hub - EOI Project Objectives, Contents, Evaluation Criteria and Weightings 33

File: S10973-28

The purpose of this report is:

1. To seek approval for the project objectives, evaluation criteria and weightings to be included in the Expression of Interest (EOI) for Lindfield Village Hub.

2. Inform Council of the target EOI timing and milestones.

Recommendation:

1. That Council resolve to adopt the project objectives, evaluation criteria and weightings for the EOI for the Lindfield Village Hub.

2. Council notes the target EOI timing and milestones.

GB.2 Marian Street Theatre Redevelopment Project - Community Reference Committee 40

File: S10577/3

To recommend to Councillors that a Community Reference Committee be established for the redevelopment project for the Marian Street Theatre, and to present Councillors with draft Terms of Reference for the proposed Community Reference Committee.

Recommendation:

That Council establish a Community Reference Committee for the Marian Street Theatre project, and that Council adopt the draft terms of reference for the proposed committee. It is also recommended that Council advertise for Expressions of Interest for four (4) places on the committee, and a report come back to Council with recommendations for committee members prior to the committee being established.

GB.3 Communications and Engagement Plan for Lindfield Village Hub 46

File: CY00303/3

To provide Council with an overview of the communications and community engagement that will be undertaken for the Lindfield Village Hub.

Recommendation:

That Council adopt the Communications and Engagement plan for the Lindfield Village Hub.

GB.4 Major Projects Advisory Committee 52

File: CY00551-3

To provide recommended appointments to the newly established Major Projects Advisory Committee.

Recommendation:

That Council resolve to appoint the four recommended applicants to become members of Council’s Major Projects Advisory Committee.

GB.5 Local Government NSW Annual Conference 2018 - Registration and Voting Delegates 57

File: S02046/11

For Council to determine its voting delegates for the Local Government NSW Annual Conference 2018.

Recommendation:

That:

A. Council determines its 7 voting delegates for the Local Government NSW Annual Conference 2018; and

B. Any other Councillors interested in attending notify the General Manager by Monday 24 September 2018.

GB.6 Investment Report as at 30 June 2018 60

File: S05273

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

Recommendation:

That the summary of investments performance for June 2018 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.7 Local Government NSW Annual Conference 2018 - Call for Motions 68

File: S02046/11

To advise Council of an invitation from Local Government NSW (LGNSW) to submit motions to the 2018 Local Government NSW Conference.

Recommendation:

That:

A. Councillors provide any proposed motions for submission to the 2018 Local Government NSW to the General Manager by Wednesday, 29 August 2018; and

B. A report providing details of any proposed motions be referred to Council at its meeting on 11 September 2018 for approval prior to submission to LGNSW.

GB.8 18th International Cities, Town Centres and Communities Conference - ICTC 2018 73

File: CY00212/10

To inform Councillors of the 18^th International Cities, Town Centres and Communities (ICTC) Conference being held in Freemantle, Western Australia on 14-16 November 2018.

Recommendation:

That any Councillors wishing to attend the 18^th International Cities, Town Centres and Communities Conference notify the General Manager by Tuesday 4^th September 2018.

GB.9 Appointment of Representatives to Internal and External Committees and Organisations 76

File: S03662

For Council to appoint representatives to replace former Councillor Citer on internal and external committees and organisations.

Recommendation:

That:

A. Council appoint one delegate to the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney;

B. Council appoint one delegate to the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn;

C. Council appoint one delegate to Hornsby/Ku-ring-gai Bushfire Management Committee;

D. Council appoint one delegate to the Rural Fire Service District Liaison Committee;

E. Council appoint one representative to Lindfield Village Hub Community Reference Committee; and

F. The external committees and organisations be informed of Council’s nominated representatives.

GB.10 Consideration of submissions on the draft West Pymble Conservation Area 83

File: S11437

For Council to consider the submissions received during the public exhibition of the Planning Proposal to include two new heritage conservation areas being West Pymble Conservation Area and an extension to Orinoco Conservation Area in the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC 2012).

Recommendation:

That Council proceeds with a heritage listing for the amended Pymble Avenue Conservation Area. The larger West Pymble Conservation Area is not recommended to proceed nor is the extension to the Orinoco Conservation Area.

GB.11 Planning Proposal - 169 -177 Mona Vale Road, St Ives 93

File: S11745

For Council to consider a Planning Proposal for 169‑177 Mona Vale Road, St Ives

Recommendation:

That the Planning Proposal, subject to amendments outlined in this report, be sent to the Department of Planning and Environment for a Gateway Determination.

GB.12 Letter of Support - Northern Suburbs Football Association (NSFA) - Greater Sydney Sports Facility Fund Application 107

File: S10508

To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.

Recommendation:

That Council provide a Letter of Support for North Suburbs Football Association’s (NSFA) grant application to the Greater Sydney Sports Facility Fund Program.

GB.13 RFT5-2018 Comenarra Playing Field Amenities Upgrades 113

File: RFT5-2018

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Comenarra Playing Field and appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions as detailed in the confidential Attachment 1.

GB.14 RFT6-2018 George Christie Playing Field Amenities Upgrades 118

File: RFT6-2018

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at George Christie Playing Field and appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions as detailed in the confidential Attachment 1.

GB.15 RFT7-2018 Roseville Chase Amenities Upgrades 123

File: RFT7-2018

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Roseville Chase Oval and appoint the preferred tenderer.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions as detailed in the confidential Attachment 1.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Establishment of the Gordon Public Realm Committee 128

File: S10376

Notice of Motion from Councillor Szatow dated 27 July 2018

Background

Gordon as the key local centre in Ku-ring-gai is growing and it is important to have representative community feedback and advice on the open space needs for this growing community. This will be even more important as Council moves to prepare a new local environmental plan to implement the North District Plan.

On 26 June 2018 Council considered an Officers Report on the establishment of a Gordon Public Realm Committee, however, no decision was taken in respect of this matter and it remains in abeyance. The terms of reference for the Gordon Public Realm Committee are set out below:

Terms of Reference - Gordon Public Realm Reference Committee

The Gordon Public Realm Reference Committee has the following terms of reference:

The primary purpose of this committee is to advise and provide input and feedback on the open space needs of the Gordon community, to assist Council in its understanding of localised open space issues and inform Council’s decision making relating to such matters of open space provision.

The tasks of the Committee are twofold:

· to facilitate an informed, co-ordinated discussion between Council and the community in relation to the planning of open space in the suburb of Gordon;

· to review the current Gordon Town Centre Plans

Open space is defined as parkland with a minimum size of 3,000 sqm providing for the informal and passive recreational needs of the local community;

To add clarity to the definition of public realm, it is hereby defined as “the space around and between buildings that belong to and are accessible by everyone”. These can include municipal streets, lanes, squares, plazas, footpaths, parks, open spaces, as well as civic buildings.

The duties of the committee members are as follows:

· Work co-operatively with other members in achieving the aims of the committee;

· contribute ideas and suggestions relating to items on the agenda;

· provide advice and recommendations to Council on items relating to the agenda;

· action and follow up tasks established by the committee.

This committee will have no approval powers – it has an advisory capacity only.

The committee may be dealing with confidential matters and members will be required to complete a disclosure of interests and conflict of interest deed poll.

Membership: The committee’s membership consists of:

· two (2) Councillors one of whom may be the Mayor;

· no more than Four (4) Gordon resident representatives with a demonstrated knowledge and interest of the public realm.

Quorum: The quorum consists of a majority of the committee members, one of whom must be a Councillor.

Delegation: No delegation.

Meeting Frequency: Every Quarter or as determined by the Chairperson.

Voting: Recommendations are made by a majority vote of committee members.

Committee Term: A period up to a maximum of two (2) years. A committee term is completed at the end of the council term unless the committee is previously dissolved by council resolution.

Term of Membership: Councillors will be appointed as Chairperson and Deputy Chairperson to this committee by a resolution of Council for a 12 month period. The term of office for other committee members will be two (2) years. At the expiration of two (2) years, members will be eligible for extension or re-appointment, subject to referral to Council for its consideration and resolution.

Notwithstanding the above, committee membership will cease at the time of the Local Government Elections every four (4) years.

Community Members - Selection Criteria

To ensure the success of the committee, it is important that community members represent a broad cross-section of the community with local knowledge, a sound understanding of the objectives of the committee and the competing priorities they, as members, will need to address at any one time.

This is necessary in order to achieve agenda outcomes within specified timeframes. Furthermore, members should be able to demonstrate that they value working in a collaborative, supportive environment.

Local community representatives should demonstrate:

· that they are a resident of Gordon;

· they have knowledge and awareness of the LGA and Gordon, particularly in relation to the public realm and open space;

· skills in interpreting masterplans and urban design policies would be desirable;

· an ability to represent and communicate the interests of the local community;

· commit to attending the meetings and contributing constructively to the agenda items; and

· be willing to adhere to Ku-ring-gai Council’s Council Advisory / Reference Committee Guidelines (and a code of conduct and operational procedures).

I propose that

A. Council adopts the Terms of Reference for the Gordon Public realm committee;

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

NM.2 Lights and Dual Court Usage of Tennis Courts at Queen Elizabeth II Reserve, West Lindfield 131

File: S11979

Notice of Rescission from Councillors Ngai, Pettett and Szatow dated 6 August 2018

We move to rescind Minute Number 209/18, GB.9 of the Ordinary Meeting of Council of 24 July 2018, which states:

That Council approves the installation of sports court lighting and dual court usage at the tennis courts located at Queen Elizabeth II Reserve, West Lindfield.

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 Lindfield Village Hub - Technical Advisor Tender

File: RFT21-2018/R

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

Section 10A(2)(d) of the Act permits the meeting to be closed to the public for business relating to commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of Council, or

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

Report by Director Corporate.

C.2 Review of Organisation Structure

File: S11992

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

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

Report by General Manager.

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 24 July 2018

Present:	The Mayor, Councillor J Anderson (Chairperson) Councillors J Pettett & C Clarke (Comenarra Ward) Councillor P Kelly (Gordon Ward) Councillors S Ngai (Roseville Ward) Councillors D Citer & M Smith (St Ives Ward) Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:	General Manager (John McKee) Director Corporate (David Marshall) Director Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Manager Corporate Communications (Virginia Leafe) Manager Records and Governance (Amber Moloney) Minutes Secretary (Nala Redford)

The Meeting commenced at 7:02 pm

The Mayor offered the Prayer

197

Apologies

File: S02194

Councillor Szatow tendered an apology for non-attendance (family matters) and requested leave of absence.

Resolved:

(Moved: Councillors Pettett/Spencer)

That the apologies be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

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 Clarke declared a less than significant non-pecuniary conflict of interest in respect to item GB.6 - Invitation - KYDS Youth Development Service Fundraising Event as he is Council’s alternate representative on the KYDS Board. Councillor Clarke remained in the Chamber during the debate.

Councillor Ngai declared a less than significant non-pecuniary conflict of interest in respect to item GB.6 - Invitation - KYDS Youth Development Service Fundraising Event as he is Council’s representative on the KYDS Board. Councillor Ngai remained in the Chamber during the debate.

Address the Council

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

Janet Harwood Biobanking, Governance & Sheldon Forest

Andrew Sweeney Lindfield Village Hub

Steve McKenzie Lindfield Village Hub

Richard Vowell Lindfield Village Hub

Paul Cooper Pymble West Side HCA

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 Councillors Agenda Information:	OMC 24 July 2018 GB.12 – Minutes of the Heritage Reference Committee Memorandum from the General Manager dated 23 July 2018 advising that it is recommended that this item be withdrawn and considered at a future Council meeting. OMC 24 July 2018 GB.8 – Amendment to Plan of Management for the Canoon Road Recreation Area – Additional Information relating to Traffic and Transport Memorandum from Director Strategy & Environment dated 24 July 2018 advising an amendment and providing additional information on this item. OMC 24 July 2018 GB.5 – Additional Information and Revised Recommendation Memorandum from Manager Records & Governance dated 24 July 2018 providing additional information and a revised recommendation with an attachment.
Councillors Agenda Information:	OMC 24 July 2018 GB.9 – Memorandum from Team Leader Governance dated 17 July 2018 - Attachments A2 and A3 Advising that some of GB.9’s attachments were not printed clearly in the Business Paper. These attachments were circulated in colour separately to Councillors on 17 July 2018.
Councillors Information:	Memorandum from Director Operations dated 13 July 2018 - Graffiti Management Advising of new internal service to be established for graffiti management and cleanliness across the LGA.
Confidential Councillors Information:	Ku-ring-gai Fitness and Aquatic Centre – Legal Proceedings Update Memorandum from Director Strategy & Environment dated 20 July 2018 providing an update on this matter.

CONFIRMATION OF MINUTEs

198

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 26 June 2018

Minutes numbered 174 to 196

Resolved:

(Moved: Councillors Clarke/Smith)

That Minutes numbered 174 to 196 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

PETITIONS

199

Petition to Improve West Pymble Off-leash Park

File: S02243/8

Vide: PT.1

‘We are writing on behalf of dog owners, and off-leash area users at West Pymble, to request your assistance in planning and improving the West Pymble off-leash park. (One hundred and nine [109] signatures).’

The West Pymble off-leash area is a very heavily used facility seven (7) days a week throughout the day, from early morning through to the early evening and nightfall.

Following is a list of suggestions to Council from dog owners which are desirable improvements:

1. As a consequence of heavy traffic the grass is non-existent in places and cannot recover without replacement. It should be noted that Council recently used some surplus soil and grass to temporarily fill in a mud hole which was much appreciated by the dog owners. However, ultimately the whole area will need to be re-turfed, drained and have sprinklers installed.

2. As the dog park is in use year around, a shelter would be a welcome addition to park facilities. At present there is no shelter whatsoever for owners and their dogs, particularly when sudden downpours occur. There is also some distance between the dog-park and available parking areas, if owners need to retreat to their cars.

3. Ground maintenance and regular mowing particularly in peak growing season.

4. Repair of existing bare patches in early spring.

5. Additional trees around the park

6. Additional lighting for park users who are full-time workers and can’t walk their dogs until later in the day (required particularly for the shorter daylight hours).

7. Access to at least two double entry gates. i.e. two (2) concrete pads with an access gate, combined with a separate park entry gate ensuring dogs can’t exit area onto busy Yanko Road. It should be noted park users had access to three (3) gates which were removed for dog safety. This is a serious security issue, as the existing latch on the gate is unreliable and does not always close securely in position. There is also a risk of dogs escaping through the gate if it is open, and becoming lost in nearby bushland. Many owners invest considerable time and money in their dogs, and the abovementioned matters are causing them concern for the safety of their dogs.

8. Poo bags and dispensers by gates.

Resolved:

(Moved: Councillors Pettett/Clarke)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

200

Minutes of the Heritage Reference Committee

File: CY00413/6

Vide: GB.12

Council to consider the minutes of the Heritage Reference Committee (HRC) meetings held on 28 June 2017, 24 July 2017, 7 November 2017 and 4 March 2018.

Resolved:

(Moved: Councillors Greenfield/Spencer)

That the item be withdrawn and considered at a future Council meeting.

CARRIED UNANIMOUSLY

201

Property Development and Investment Policy 2018 to 2020 -
Post Exhibition Report

File: S10973-4

Vide: GB.1

To present to Council draft Property Development and Investment Policy 2018 to 2020

Resolved:

(Moved: Councillors Citer/Greenfield)

That the draft Property Development and Investment Policy 2018 to 2020 be adopted by Council.

CARRIED UNANIMOUSLY

202

Business Engagement Update

File: S09438

Vide: GB.3

To provide Council with an update on the Ku-ring-gai Council Business Engagement Program delivered from January 2018 to June 2018.

Resolved:

(Moved: Councillors Citer/Greenfield)

That Council receive and note this report.

CARRIED UNANIMOUSLY

203

Council Sponsorships 2018-2019

File: FY00275/10

Vide: GB.4

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2018–2019 and for Council to approve all sponsorship requests over $5,000.

Resolved:

(Moved: Councillors Citer/Pettett)

That Council approve the following sponsorship amounts for 2018-2019:

• Wahroonga Food & Wine Festival $8,000

• Welcome Basket $7,000

• Carols in the Park $10,000

• St Ives Food & Wine Festival $8,000

• Bare Creek Trail Run $5,000

• Ku-ring-gai Philharmonic Orchestra $25,000

CARRIED UNANIMOUSLY

204

Widening of Killeaton Street and Burns Road St Ives

File: 88/05627/01

Vide: GB.13

To carry out a preliminary assessment to provide options to increase the traffic flow of SR2043 between Cowan Road and Edgeworth David Avenue.

Resolved:

(Moved: Councillors Citer/Spencer)

That Council seek funding opportunities from RMS to widen SR 2043 from two (2) lanes to four (4) lanes from Cowan Road to Edgeworth David Avenue.

CARRIED UNANIMOUSLY

205

Revised policy for weed management within Ku-ring-gai

File: S02788/2

Vide: GB.7

The New South Wales (NSW) Biosecurity Act 2015 ( the Act) commenced on
1 July 2017. Upon the commencement of the new legislation, the Noxious Weeds Act 1993 was repealed, with transitional arrangements put in place until 30 June 2018.

In line with the new Act, Council’s previous Weed Management Policy has been reviewed so as to reflect the new controls and obligations under the Biosecurity Act 2015. The draft revised policy is attached to this report for Council’s endorsement.

Further, Council is required to formally acknowledge its new responsibilities under the NSW Biosecurity Act 2015, granting appropriate operational delegations to the General Manager and suitably qualified members of staff .

Resolved:

(Moved: Councillors Pettett/Greenfield)

A. That Council, as a Local Control Authority under the Biosecurity Act 2015, adopt the revised draft Weed Management Policy 2018 so as to guide the control of weeds within the Ku-ring-gai local government area.

B. That Council, as the Local Consent Authority, delegate its functions under the Biosecurity Act 2015 and regulations, pursuant to section 375 (1) of the Act, and that the General Manager be authorised to sub delegate any function pursuant to section 375 (2).

CARRIED UNANIMOUSLY

206

Invitation - KYDS Youth Development Service Fundraising Event

File: CY00076/10

Vide: GB.6

To inform Councillors of an invitation from KYDS Youth Development Service to attend a fundraising lunch at the Studio Restaurant, Sydney Tower on Friday 21 September 2018.

Resolved:

(Moved: Councillors Clarke/Smith)

That any Councillors wishing to attend the KYDS Youth Development Service fundraising lunch advise the General Manager by Wednesday 1 August 2018.

CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with items
where there are speakers first, after a
motion moved by Councillors Greenfield and Pettett
was CARRIED UNANIMOUSLY

207

Marian Street Theatre for Young People Business Plan 2019-2021 and Request for Additional Funding

File: S10095/5

Vide: GB.2

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

David Castle

Jessica Blaxland Ashby

Margie McCrae

To provide Council with the 2019-2021 Business Plan for the Marian Street Theatre for Young People, and to request additional funding from Council for the Marian Street Theatre for Young People for the next three (3) years.

Resolved:

(Moved: Councillors Pettett/Smith)

A. That Council receive and note, but does not endorse, the 2019-2021 Business Plan for the Marian Street Theatre for Young People.

B. That Council provide on-going financial support of $40,000 annually from January 2019 to December 2021

C. That the Marian Street Theatre for Young People apply for funding through Council’s Community Grants Program and/or Council’s Sponsorship program for additional funding for their 50 year celebrations in 2019.

D. That Council writes to the Marian Street Theatre for Young People Board to request the inclusion of a Councillor from Ku-ring-Gai Council to sit on the MSTYP Board.

CARRIED UNANIMOUSLY

The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:

(Moved: Councillors Citer/Ngai)

A. That Council receive and note, but does not endorse, the 2019-2021 Business Plan for the Marian Street Theatre for Young People.

B.That Council provides on-going financial support from January 2019 until December 2021 in the following format: year 1 - $ 40,000 per annum, year 2 - $38,000 per annum and year 3 - $35,000 per annum.

C.That the Marian Street Theatre for Young People apply for funding through Council’s Community Grants Program and / or Council’s Sponsorship Program for additional funding for their 50 year celebrations in 2019.

D.That Council writes to the Marian Street Theatre for Young People Board to request the inclusion of a Councillor from Ku-ring-Gai Council to sit on the MSTYP Board.

Councillor Citer withdrew during discussion

Councillor Greenfield withdrew during discussion

Councillor Clarke withdrew during discussion

Councillor Clarke returned

Councillor Citer returned

Councillor Greenfield returned

Councillor Smith withdrew during discussion

Councillor Smith returned

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Councillor Ngai withdrew during discussion

Councillor Ngai returned

Councillor Pettett withdrew during discussion

Councillor Pettett returned

208

Amendment to Plan of Management for the Canoon Road Recreation Area - Post Exhibition Report

File: S09042

Vide: GB.8

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

Berwyn Collings

Loraine Unicomb

Helen Burns

Nick Roberts

Joanne Perry

Marinda Taha

Tania Moran

Jill Green

David Funk

Peter Debus

To provide results from the public exhibition and outcomes from independent reports so that Council can make an informed decision regarding proposed amendments to Action Plan 39 of the Canoon Road Recreation Area Plan of Management.

Resolved:

(Moved: Councillors Clarke/Smith)

That Council adopts the Canoon Road Recreation Area Plan of Management with an amended Action Plan 39 as follows:

Operating under lights:

· For training on Mondays Tuesdays and Wednesdays on up to 9 courts (courts 1 – 4, 20, 22 – 25) between 4.30pm – 8.00pm for the winter season

· For competition games or training on Thursday on up to 9 courts (courts 1 – 4, 20, 22 – 25) between 4.30pm – 8.00pm for the winter season

(This is a key action and high priority in the PoM to reduce usage on Saturdays - the Under 9 age group will be moved from Saturdays to Thursdays)

No fixtures or training under lights on Fridays.

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

Against the Resolution: Councillors Pettett and Kelly

Councillors Smith withdrew during discussion

Councillor Ngai withdrew during discussion

Councillor Ngai returned

Councillor Smith returned

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Lights and Dual Court Usage of Tennis Courts

File: S11979

Vide: GB.9

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

David Gordon

Lachy Gordon (On Behalf of Henny Stier)

Helen Burns

Dale Williamson

Joanne Perry

Oscar Cahill

Ross Torrington

Paul Cook

Kate Madigan

Graeme Williamson

Brian O’Callaghan

To seek Council approval for the installation of sports court lighting and dual court usage for basketball and netball at tennis courts located at Queen Elizabeth II Reserve, West Lindfield; Kent Road, Turramurra and The Glade, Wahroonga.

A procedural motion moved by Councillors Kelly and Smith
that voting on each proposed site in the motion for GB.9
be carried out seriatim was
CARRIED UNANIMOUSLY

209

Lights and Dual Court Usage of Tennis Courts

File: S11979

Vide: GB.9

Resolved:

(Moved: Councillors Clarke/Greenfield)

That Council approves the installation of sports court lighting and dual court usage at the tennis courts located at Queen Elizabeth II Reserve, West Lindfield.

For the Resolution: Councillors Clarke, Spencer, Greenfield, Smith and Kelly

Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Pettett and Citer

210

Lights and Dual Court Usage of Tennis Courts

File: S11979

Vide: GB.9

Resolved:

(Moved: Councillors Clarke/Greenfield)

That Council approves the installation of sports court lighting and dual court usage at the tennis courts located at Kent Road, Turramurra

For the Resolution: Councillor Ngai

Against the Resolution: The Mayor, Councillor Anderson, Councillors Pettett, Clarke, Spencer, Greenfield, Citer, Smith and Kelly

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

211

Lights and Dual Court Usage of Tennis Courts

File: S11979

Vide: GB.9

Resolved:

(Moved: Councillors Clarke/Greenfield)

That Council approves the installation of sports court lighting and dual court usage at the tennis courts located at The Glade, Wahroonga

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

Against the Resolution: Councillor Pettett

212

Lights and Dual Court Usage of Tennis Courts

File: S11979

Vide: GB.9

Resolved:

(Moved: Councillors Clarke/Greenfield)

That condition of approval limit the use of lights up to five (5) nights per week (Monday to Friday) during the winter sports season between 5.00pm and 8.00pm.

CARRIED UNANIMOUSLY

213

Lights and Dual Court Usage of Tennis Courts

File: S11979

Vide: GB.9

Resolved:

(Moved: Councillors Clarke/Greenfield)

That a review of environmental factors be completed for each site to assess the potential environmental impacts prior to undertaking the required works.

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

Against the Resolution: Councillor Smith

214

Prospective Site for Hockey at Barra Brui Sportsground, St Ives

File: S12027

Vide: GB.10

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

David Johnston

David Thompson

To seek Council’s “In Principal” support to investigate the possibility of a synthetic hockey field to be introduced at Barra Brui Sportsground, St Ives.

Resolved:

(Moved: Councillors Citer/Smith)

A. That Council provides “In Principle” support for a synthetic field to be introduced at Barra Brui Sportsground, St Ives. This provision will allow Council to carry out the necessary investigation and consultation and provide hockey the opportunity to source contribution from the Greater Sydney Sports Facility Fund in 2018.

B. That Council completes an internal review to assess the potential environmental impacts for the proposed synthetic surface at Barra Brui Sportsground in 2018/19.

A. That Council undertakes a comprehensive consultation process with stakeholders and the community in 2018/19 and a report be submitted to Council at the completion of that process.

CARRIED UNANIMOUSLY

215

Hornsby/Ku-ring-gai PCYC Advisory Committee

File: S03662

Vide: GB.5

For Council to consider the invitation to appoint one or two Councillors as representatives on the Hornsby/Ku-ring-gai PCYC Advisory Committee.

Resolved:

(Moved: Councillors Spencer/Kelly)

A. That Council appoint Councillor Clarke as representative and Councillor Ngai as the alternate representative to the Hornsby/Ku-ring-gai PCYC Advisory Committee for the remainder of the 2017-2019 Mayoral term; and

B. That Hornsby/Ku-ring-gai PCYC is informed of Council’s nominated representatives.

CARRIED UNANIMOUSLY

216

Outdoor Dining Policy - Review

File: S11530/2

Vide: GB.11

For Council to consider the revised draft Outdoor Dining Policy and draft Outdoor Dining and Footpath Trading Guidelines for public exhibition.

Resolved:

(Moved: Councillors Clarke/Spencer)

That Council receive and note the revised draft Outdoor Dining Policy and draft Outdoor Dining and Footpath Trading Guidelines and that they not be placed on public exhibition.

CARRIED UNANIMOUSLY

The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:

(Moved: Councillors Greenfield/Kelly)

A. That the revised draft Outdoor Dining Policy and draft Outdoor Dining and Footpath Trading Guidelines be placed on public exhibition for a minimum of 28 days.

B. That existing outdoor dining and footpath trading approval holders be notified of the public exhibition.

C. That a report be brought back to Council following the conclusion of the public exhibition for Council to consider submissions received.

QUESTIONS WITHOUT NOTICE

217

Keeping Cats Indoor at Night

File: CY00445/6

Vide: QN.1

Question Without Notice from Councillor Donna Greenfield.

I understand that there’s going to be a Notice of Motion going to Hornsby Council about keeping cats indoor at night. My first question would be, how would you do that and how would you police it, and if that got up at Hornsby - it’s predominately for wildlife - I’d like to think that, however they’re going to manage to police it, we could possibly look at something like that. But I’m just tabling the question now, could someone please – I’m not sure who - how would we possibly police it?

Answered by Director Development & Regulation:

The Director Development & Regulation advised that he is aware that that is something that is practised in other jurisdictions, and I mean interstate. However under Council’s Companion Animals Management Plan there’s no requirement to do that. It’s been an issue that been debated by a number of Councils in relation to impacts on wildlife of cats roaming at night, but it is not a requirement of the Companion Animals Act. The Companion Animals Act, in relation to the keeping of cats, has been tightened somewhat but certainly not to that extent. It’s not something that’s required by legislation. I’m not privy to the Notice of Motion so I can’t comment any further.

Councillor Donna Greenfield:

So, if it’s not part of the Companions Act would that mean then Hornsby would have a lot of trouble trying to enforce something like that?

Director Development & Regulation:

I think they would have a lot of trouble trying to enforce it, absolutely.

218

Material Proposed to go out for Community Consultation on East Lindfield Community Centre

File: S09772

Vide: QN.2

Question Without Notice from Councillor Sam Ngai.

Council resolved on 8 May 2018 to ask the residents of East Linfield whether they would like to sympathetically restore and expand the East Lindfield Community Centre, or whether they would like to knockdown and rebuild it with multiple meeting spaces.

However, the material proposed to go out for community consultation tomorrow does not reflect this. The proposed material states Option 1 involving the $1.5 million restoration of the hall, with internal rearrangement and no expansion of the hall. This is different to the 8 May Council resolution which clearly involves the expansion of the hall and a cost which I estimate at $3-4 million.

Before we go out for full community consultation, will we be able to correct the facts around Option 1?

Answered by Director Operations:

The Director Operations advised that yes we can change the information going out. At this stage it’s going to expand the East Lindfield Community Centre was based in my view by a DDA compliant toilet which it doesn’t have. The idea to expand was to expand that service; that’s incorporated in $1.5 million. If the intention was to expand the elements of the facility such as offices, a bigger kitchen, bigger floor space then yes this budget will be more than likely around $3-4 million. It is important to note that when we went out and engaged a structural consultant for a report, it was not identified any expansion requirement beyond a DDA toilet. We have not received any request to expand the facility; this would have been covered in the consultation phase if Council had resolved to demolish the building. In short answer, yes we can change before going out tomorrow - because it was scheduled to go out so you probably nipped it in the bud - but it will certainly be put on hold and I’ll consult with you with regards to the wording.

Standing Orders were suspended

after a motion moved by Councillors Spencer and Greenfield

to deal with a petition submitted during the meeting
was CARRIED UNANIMOUSLY

219

Petition for the Objection to the Proposed Dual Use, Flood Lighting and Night Use of Kent Oval Tennis Courts

File: S11979

Vide: PT.2

“We the undersigned, strongly object to the proposed dual use, flood lighting and night use of the tennis courts in Kent Oval, Kent Road, Turramurra (two-hundred and fifteen [215] signatures).”

Resolved:

(Moved: Councillors Spencer/Greenfield)

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

CARRIED UNANIMOUSLY

QUESTIONS WITHOUT NOTICE

220

Agenda for the FSR for Lindfield Village Hub

File: S10973

Vide: QN.3

Question Without Notice from Councillor Cedric Spencer.

When will the agenda for the FSR for Lindfield Village Hub be brought to Council? An approximate time will do.

Answered by the General Manager:

The General Manager advised that there’s a couple of points to be made there – there’s two or three things we’re working on. I have conducted interviews and finalised interviews for the external advisory committee, so we’re hoping that report will come to Council on the 14 August with preferred nominations, all the CVs and a second set of nominations. The speakers that spoke tonight about the criteria for assessing against an EOI and the weighting of that criteria, that report will come to Council on the 14 August and then the next report will be the bundle of documentation supported by the criteria before we go to EOI and that will more likely be the back end of September.

Councillor Cedric Spencer:

Can I ask for a simple email? If you could send that to me, I will flick it across to Support Lindfield.

The General Manager:

I will provide a summary of all those key milestones to Councillors in an email.

The Meeting closed at 10:52 PM

The Minutes of the Ordinary Meeting of Council held on 24 July 2018 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 14 August 2018.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 14 August 2018	GB.1 / 31

Item GB.1	S10973-28

Lindfield Village Hub - EOI Project Objectives, Contents, Evaluation Criteria and Weightings

EXECUTIVE SUMMARY

purpose of report:	The purpose of this report is: 1. To seek approval for the project objectives, evaluation criteria and weightings to be included in the Expression of Interest (EOI) for Lindfield Village Hub. 2. Inform Council of the target EOI timing and milestones.

background:	On 23 May 2017, Council resolved to procure the Lindfield Village Hub using a competitive tendering process under Section 55 of the local government Act 1993(NSW)(LGA). On 26 June 2018, Council resolved to pursue an EOI from the market in or around October 2018, for the development of the Lindfield Village Hub.

comments:	The EOI process is the first of a two-step procurement approach for the Lindfield Village Hub. Its purpose is to enable Council to determine a shortlist of qualified developers who will be invited to respond to a Request For Detailed Proposal (RFDP) in early 2019. The proposed project objectives reflect the current key priorities in the Community Strategic Plan and the financial objectives requested of the project. The proposed contents of the EOI document, criteria and weightings was developed from advice received from Councils Transaction Advisor and are in alignment with the NSW Local Government Procurement Guidelines and other significant government projects of a similar nature.

recommendation:	1. That Council resolve to adopt the project objectives, evaluation criteria and weightings for the EOI for the Lindfield Village Hub. 2. Council notes the target EOI timing and milestones.

Purpose of Report

The purpose of this report is:

1. To seek approval for the project objectives, evaluation criteria and weightings to be included in the Expression of Interest (EOI) for Lindfield Village Hub.

Inform Council of the target EOI timing and milestones.

Background

On 23 May 2017, Council resolved to procure the Lindfield Village Hub using a competitive tendering process under Section 55 of the local government Act 1993(NSW)(LGA).

On 26 June 2018, Council resolved to pursue an EOI from the market in or around October 2018, for the development of the Lindfield Village Hub.

Comments

Proposed Project Objectives

The proposed project objectives reflect the current key priorities in the Community Strategic Plan and the financial objectives requested of the project.

The proposed project objectives are contained in Attachment 1. They are summarised into three key areas: Community Outcomes, Property and Infrastructure Outcomes, Financial and Economic Outcomes.

The intention is to use these objectives to inform the forthcoming masterplan, planning proposal, consultation and EOI/RFDP.

The objectives will be included in the EOI contents as noted below.

Proposed Evaluation Criteria

The NSW Local Government Procurement Guidelines require that as part of the EOI documentation an evaluation criteria is developed. The evaluation criteria will be used by the Evaluation Committee to develop a recommendation to Council for the short list of development companies to move to the next stage, the Request For Detailed Proposals (RFDP). The Evaluation Criteria for the EOI has been summarised into 5 key areas as follows:

· Financial Capacity

The developers demonstrable financial capacity to support project delivery and PDA obligations.

· Experience

The developers experience in development of projects of a similar nature and scale and of projects through a Project Development Agreement (PDA) structure with Government.

· Project Vision

The developers overall vision for the project, including the integration of public facilities.

· Understanding of KMC Objectives, Community and Key Stakeholders

The developers approach to addressing KMC’s core project objectives and their approach to community and stakeholder engagement.

· Market Appreciation

The developers appreciation of market for each project component supporting project delivery.

Proposed Evaluation Criteria Weightings

The weightings for each of the five criteria were developed from the NSW Local Government Procurement Guidelines, internationally recommended guidelines and also using benchmarking provided by the Transaction Advisor.

Evaluation Criteria Description	% Weighting (for scoring)
Financial Capacity	25%
Experience	25%
Project Vision	20%
Understanding of KMC Objectives, Community and Key Stakeholders	15%
Market Appreciation	15%

Proposed EOI Contents

The proposed contents of the EOI document have been developed using the NSW Local Government Procurement Guidelines and other significant government EOI documents of a similar nature. The EOI contents are proposed as follows:

1. KMC and Project Objectives

- Messages about KMC and the relevancy of the project to KMC’s Activate Ku-Ring-Gai Vision.

- Summary of the Opportunity.

- Objectives of the development from an operational outcome and built form perspective.

2. Project Masterplan and Key Elements

- Summary of Site – History of the site, expected future facilities on the site.

- Property Information - Current land titles/ownership, zoning and planning status on the site.

- An outline of the key technical design requirements of the site.

- Planning Status – Details of Councils process and intention for Council to investigate increased density options outside the current statutory planning framework for the site following community engagement.

3. Transaction Structure

- Description of the proposed commercial and legal agreements between the developer and the Council.

- Description of who is responsible to design and construct the various elements of the site.

4. Transaction Timeframe

- Key milestones and timing for the EOI, RFDP, execution and completion of the works.

5. EOI Evaluation criteria

- Description of the evaluation criteria and the process to select a qualified short list.

6. EOI Process and Probity Requirements

- Terms and conditions of the EOI.

7. Appendix

- Returnable schedules and attachments such as reports already completed on traffic, soil conditions, environmental assessments, etc.

Returnable Schedules:

· Proponent Composition including Key Advisors.

· Case Study Experience.

· Financial Bonafides.

· Response to Project Vision including Market Appreciation.

· Key Matters for Consideration during the RFDP Process.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P4.1 Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.	P4.1.3 Secure a development partner for Lindfield Community Hub.	P4.3.1.1 Complete and obtain endorsement for the final feasibility plan for the project

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P4.1 Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.

P4.1.3 Secure a development partner for Lindfield Community Hub.

P4.3.1.1 Complete and obtain endorsement for the final feasibility plan for the project

Governance Matters

It was resolved at an Ordinary Meeting of Council on 26 June 2018 that Council pursue an Expression of Interest (EOI) from the market in or around October 2018 for the development of the Lindfield Village Hub.

Risk Management

A risk assessment has been undertaken as part of the due diligence work by CBRE. The risk assessment will be updated during the finalisation of the Council’s business requirement sand preparation of the Request for Detailed Proposals (RFDP).

Financial Considerations

The financial considerations arising from this report relate mainly to Council’s ability to achieve best value for money from the market and to reduce its financial risk exposure in the short to long term, whilst meeting its obligations to provide and operate new community infrastructure.

Social Considerations

The social and economic considerations arising from this report relate mainly to ensuring that Council is able to realise new and sustainable community services, assets and places through a well-considered asset and service delivery strategy that can be successfully part-funded and delivered by the private sector.

Environmental Considerations

There are no direct environmental considerations arising from this report.

Community Consultation

At the 26 June 2018 Ordinary Meeting of Council the community were informed of the Council’s intention to issue an EOI. The project EOI invitation will be public and follow government procurement guidelines. This process is being coordinated with the public communication and consultation process around the potential changes to planning controls and environmental impacts for the Lindfield Village Hub.

Internal Consultation

Councillors Major Projects Consultation Forum – 5 June 2018.

Major Project Steering Committees – 22 May 2018, 12 June 2018 and 31 July 2015.

Summary

This report has provided the recommended EOI evaluation criteria and associated weightings to be used to score submissions and select a shortlist of developers for the Lindfield Village Hub. The contents, evaluation criteria and weightings have been developed with input from councils Transaction Advisor, from the NSW Local Government Procurement Guidelines, other similar government EOI documents and internationally recognised guidelines.

This report also provides the proposed project objectives that are based off Community Strategic Plan and the financial objectives requested of the project and will be used to inform the forthcoming masterplan, planning proposal, consultation and EOI/RFDP.

The timing of the EOI is on track and in alignment with the Lindfield Village Hub – Update provided in the OMC of 26^th June 2018. Target EOI dates are as follows:

· October 2018 - EOI released to the market.

· October/November 2018 - EOI returns to be received.

· December 2018 – Short list recommendation to Council.

Recommendation:

A. That Council resolve to adopt the project objectives, evaluation criteria and weightings for the EOI for the Lindfield Village Hub.

B. Council notes the target EOI timing and milestones.

Craig Calder

Interim Leader - Major Projects

Benjamin Hann

Project Manager

Attachments:

LVH OMC 14 Aug 18 Attachment 1 - Project Objectives

2018/224394

Ordinary Meeting of Council - 14 August 2018	GB.2 / 36

Item GB.2	S10577/3

Marian Street Theatre Redevelopment Project - Community Reference Committee

EXECUTIVE SUMMARY

purpose of report:	To recommend to Councillors that a Community Reference Committee be established for the redevelopment project for the Marian Street Theatre, and to present Councillors with draft Terms of Reference for the proposed Community Reference Committee.

background:	Council, at the Ordinary Meeting of Council of 26 June 2018, resolved (in part) to commit to the renewal of the Marian Street Theatre (MST) and to establish a Project Steering Committee.

comments:	The MST redevelopment project is estimated to be in excess of $5 million which places it in the category of a Major Project. All Major Projects are overseen by Council’s Major Project Steering Committee which consists of staff with specialist project skills, and Council’s Major Projects Advisory Committee, which consists of paid experts with relevant project and other specialist skills. This report recommends that Council establishes a Community Reference Committee for the Marian Street Theatre Redevelopment project, with four (4) positions on the committee for Save Marian Street Theatre Committee representatives along with community and/or performing arts or associated industry members.

recommendation:	That Council establish a Community Reference Committee for the Marian Street Theatre project, and that Council adopt the draft terms of reference for the proposed committee. It is also recommended that Council advertise for Expressions of Interest for four (4) places on the committee, and a report come back to Council with recommendations for committee members prior to the committee being established.

Purpose of Report

Background

Council, at the OMC of 26 June 2018, resolved as follows:

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

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

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

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

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

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

Comments

Preliminary estimates for the refurbishment of the MST are approximately $10 million, which places the project in the category of a Major Project (projects over $5 million).

The Council resolution of 26 June 2018 requires (A), that Council continues to work with the Save Marian Street Theatre Committee and the community, and (D), that a Project Steering Committee with an agreed set of skills to be determined.

Given Council has already established a Major Projects Steering Committee and a Major Projects Advisory Committee, it is recommended these committees not be duplicated for the MST Redevelopment Project, rather a Community Reference Committee be established to enable Council to engage with both the Save Marian Street Theatre Committee and the community on a formal basis for the project.

This report provides draft Terms of Reference for a Community Reference Committee (See Attachment) which will provide opportunity for a total of four (4) members of the community, including representation from the Save Marian Street Theatre Committee, to participate in the planning and redevelopment of the MST.

integrated planning and reporting

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C1 - Community Wellbeing	C1.1 An equitable and inclusive community that cares and provides for its members.	Our community facilities are accessible and function as cultural hubs to attract a range of users
C2 - Cultural Diversity and Creativity	C2.1 A harmonious community that respects, appreciates, celebrates and learns from each other and values our evolving cultural identity.	Ku-ring-gai's rich cultural diversity and creativity is celebrated through programs and events.
C4 - Healthy Lifestyles	C4.1 A community that embraces healthier lifestyle choices and practices.	A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.
P8 Improving the standard of our infrastructure	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 assets.	Our public infrastructure and assets are planned, managed and funded to meet community expectations, defined levels of service and address inter-generational equity.
		Programs for infrastructure and asset maintenance management are delivered in accordance with the adopted Asset Management Strategy and Plans.

Governance Matters

The Council resolution of 8 May 2018 placed the renewal of the Marian Street Theatre in the Long Term Financial Plan, which was presented to Council on 26 June 2018.

The Council resolution of 26 June 2018 required (in part) that Council continues to work with the Save Marian Street Theatre Committee and the community and that Council establishes a Project Steering Committee.

Risk Management

Council will require members of the Community Reference Committee to observe the attached Terms of Reference for the committee.

Financial Considerations

There are no significant financial considerations associated with calling for nominations and establishing a Community Reference Committee.

The positions on the Marian Street Theatre Reference Committee will be voluntary, and all resourcing for the committee will be undertaken in-house by Council staff.

Social Considerations

There are no direct social considerations associated with establishing the proposed Community Reference Committee.

Environmental Considerations

There are no specific environmental considerations associated with establishing the proposed Community Reference Committee.

Community Consultation

There is no community consultation required in the establishing the proposed Community Reference Committee.

Should however, Council approve the draft Terms of Reference and the establishment of Community Reference Committee, the members of the committee will have an opportunity to directly represent the community and the performing arts industry.

Internal Consultation

The establishment of the Marian Street Theatre Community Reference Committee, and the associated draft Terms of Reference for the committee were discussed at a meeting of Council’s Major Projects Steering Committee on 2 August 2018.

Summary

Council, at the Ordinary Meeting of Council of 26 June 2018, resolved (in part) to commit to the renewal of the Marian Street Theatre (MST) and to establish a Project Steering Committee.

Given Council has already established a Major Projects Steering Committee and a Major Projects Advisory Committee it is recommended these committees not be duplicated for the MST Redevelopment Project, rather a Community Reference Committee be established to enable Council to engage with both the Save Marian Street Theatre Committee and the community on a formal basis for the project.

This report recommends that Council establishe a Community Reference Committee for the Marian Street Theatre Redevelopment project, with four (4) positions for the Save Marian Street Theatre Committee and community/performing arts and/or associated industry specialist members.

It is also recommended that Council adopt the draft Terms of Reference for the committee, and Council nominate a Councillor representative who, along with the Mayor, will represent Council on the Community Reference Committee.

Following an Expressions of Interest process a report will come back to Council with recommendations for four (4) community representatives consisting of members of the Save Marian Street Theatre Committee and people with cultural/performing arts industry experience for Council endorsement.

Recommendation:

A. That Council establish a Community Reference Committee for the Marian Street Theatre Redevelopment Project.

B. That Council adopt the draft terms of reference for the Community Reference Committee for the Marian Street Theatre Redevelopment Project.

C. That Council advertise for Expressions of Interest for community positions on the Community Reference Committee in August 2018.

D. That Council nominate a Councillor to sit on the proposed Community Reference Committee for the Marian Street Theatre Redevelopment Project.

E. That a subsequent report be presented to Council recommending community members for the Marian Street Theatre Community Reference Committee

Janice Bevan

Director Community

Attachments:

Marian Street Theatre Community Reference Committee Terms of Reference August 2018

2018/228272

Ordinary Meeting of Council - 14 August 2018	GB.3 / 41

Item GB.3	CY00303/3

Communications and Engagement Plan for Lindfield Village Hub

EXECUTIVE SUMMARY

purpose of report:	To provide Council with an overview of the communications and community engagement that will be undertaken for the Lindfield Village Hub.

background:	The Lindfield Village Hub is one of Council’s major projects. It will provide housing, retail, parking and community facilities for the residents of Lindfield and surrounding suburbs.

comments:	Council has a strong track record of consulting with the community and are committed to building on that to establish the right mix of community, retail, commercial and residential uses for the Lindfield Village Hub. The approach is to engage with people who live, work or run businesses in the area. We will organise events as well as put in place effective digital engagement techniques to make sure we are delivering a project that works for our community now and into the future.

recommendation:	That Council adopt the Communications and Engagement plan for the Lindfield Village Hub.

Purpose of Report

To provide Council with an overview of the communications and community engagement that will be undertaken for the Lindfield Village Hub.

Background

The Lindfield Village Hub is one of Council’s major projects. It will provide housing, retail, parking and community facilities for the residents of Lindfield and surrounding suburbs.

A detailed communications and engagement plan has been developed to support the project.

Comments

The Lindfield Village Hub will deliver much needed community services and facilities for Ku-ring-gai, with more parking spaces, a new local dining and shopping precinct and other community offerings such as a library, to meet the community’s needs.

The aim is to provide excellent community facilities and to create a better resourced community at no cost to ratepayers. By focussing residential development around the train station and highway, Ku-ring-gai Council remains strongly committed to protecting Ku-ring-gai’s unique bushland and heritage areas.

Council has a strong track record of consulting with the community, and we are committed to building on that to establish the right mix of community, retail, commercial and residential uses for this significant Lindfield site.

The approach is to engage with people who live, work or run businesses in the area. We will organise events as well as put in place effective digital engagement techniques to make sure we are delivering a project that works for our community now and into the future.

We will be asking about the aspects of the community spaces that are most relevant for our community – for example, as we design the open space and multi-purpose community spaces – as well as questions around traffic, sustainability and parking. We will explore the concept of a self-funding development and what this will mean for the density of the development on the site.

Digital engagement will focus on providing in-depth information with links to reports and other background information, facilitating discussion with online forums and surveys, and coming up with new ideas. Channels include the following:

- Ku-ring-gai Council website

- Council’s social media channels

- Regular e-news updates to interested people

- Dedicated online engagement platform.

We will get the word out and look to start a public conversation through local, metropolitan and specialist media publications, as well as through regular briefings with key stakeholders including community groups, schools, churches, politicians, sports clubs and others.

Events, including workshops and engagement sessions, will be a key part of this plan, with a focus on engaging the very different ideas, issues and areas of concerns held by residents, businesses, urban designers, the creative community, accessibility and environmental advocates, and others.

Engagement will begin in August and continue to December 2018.

Business workshops

Workshops focusing on gathering feedback from businesses to better understand what they believe should be included but also to best manage the process of creating the hub to minimise disruption and maximise benefits to the local economy.

On site events

Focusing on activating the site, these events will include a variety of features to encourage local people to attend and engage with Council. Information will be provided to the community with staff on hand to answer questions. Attendees will also have a chance to provide feedback and ideas about relevant issues at the time of the event.

Telephone Survey

Undertaken if required to gather feedback, collect ideas and opinions. Carried out by independent market research companies these surveys aim to provide a community viewpoint so results can be viewed with high level of confidence that they are broadly representative.

Workshops with CALD communities

As the population of Ku-ring-gai continues to diversify so do our community engagement approaches. Workshops will be run in conjunction with existing community groups gather feedback and ideas on the development.

Youth Engagement

High school students and young adults are traditionally difficult to engage in a meaningful way. However, as this development is for them in the future it is very important that they play a role in shaping the development.

Primary School students

Exploring opportunities to engagement with primary aged children within the Civics and Citizenship learning activities.

Creative competitions

Photography/art/design competitions designed to capture community ideas or visions through a creative medium to support/assist in council decisions and potential design ideas. Aimed at various age groups this could be good way to generate interest in the project in school/TAFE/University community groups, etc.

Specialist talks

Talks delivered by high profile experts in various fields relating to the development. Subjects covered could include:

• The future of suburbs

• Place making

• Sustainably design

• Future of transport

Our Community

Residents

• Within 200 metres of site

• Rest of Lindfield

• Rest of Ku-ring-gai

Businesses

• Local and those directly impacted

• Business Community in Ku-ring-gai

Young people

• Youth

• Children

Specific age groups/household types

• Parents with children, retirees, downsizers/empty nesters, etc.

Culturally and Linguistically Diverse groups

• Reflecting the changing demographic

Community groups

• Environmental, Heritage and Arts and cultural groups, etc.

Special interest groups

• Access and disability, aged care, etc.

• Mothers groups

• Existing user groups of community facilities

Land owners

• Commercial and residential

Other

Commuters

Workers (and potential future workers)

Visitors

Potential residents

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
The community is informed and engaged in decision making processes for community outcomes.	Innovative and effective community engagement fosters community participation and a better understanding of Council services, programs and facilities.	Provide support to deliver best practice community engagement across all divisions of Council. Facilitate a program that enables staff to create and deliver engaging and accessible communication.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

The community is informed and engaged in decision making

processes for community outcomes.

Innovative and effective

community engagement fosters community participation and a better understanding of Council

services, programs and facilities.

Provide support to deliver best practice

community engagement across all divisions of

Council.

Facilitate a program that enables staff

to create and deliver engaging and accessible

communication.

Governance Matters

The report has been reviewed by the Major Projects Steering Committee and a high level plan was tabled at the LVH Community Reference Committee.

Risk Management

No identified risks

Financial Considerations

The Communications and Engagement Plan will be funded by the project

Social Considerations

Community engagement is a social consideration

Environmental Considerations

No environmental considerations

Community Consultation

The community has been consulted previously regarding the Lindfield Village Hub project this report sets out the next stage of communications and engagement. An overview of the engagement was tabled at the LVH Community Reference Committee.

Internal Consultation

This report has been reviewed by the Major Projects Steering Committee.

Summary

Council has a strong track record of consulting with the community and are committed to building on that to establish the right mix of community, retail, commercial and residential uses for the Lindfield Village Hub.

Recommendation:

A. Council adopts the Communications and Engagement Plan for the Lindfield Village Hub.

Virginia Leafe

Manager Corporate Communications

Ordinary Meeting of Council - 14 August 2018	GB.4 / 46

Item GB.4	CY00551-3

Major Projects Advisory Committee

EXECUTIVE SUMMARY

purpose of report:	To provide recommended appointments to the newly established Major Projects Advisory Committee.

background:	A review of governance arrangements for Major Projects was undertaken in late 2017 recommending establishment of an independent Major Projects Advisory Committee to strengthen governance of major projects activities and decision making. Council resolved to establish a Major Projects Advisory Committee consisting of between 3 and 5 members at the 10 April 2018 OMC. The new Committee will report directly to Council.

comments:	A public expression of interest run from 15 May to 5 June 2018 yielded 24 applications for membership of the Major Projects Advisory Committee. Interviews were held with 23 candidates (one withdrew prior to interview) by the General Manager, Manager, Corporate Communications and the Interim Leader, Major Projects. A preferred list of four applications has been selected along with a back-up list of a further three candidates. Four members are recommended to be appointed as there is sufficient breadth of skills from the four preferred candidates. The first meeting of the Major Projects Advisory Committee is expected to take place by October 2018.

recommendation:	That Council resolve to appoint the four recommended applicants to become members of Council’s Major Projects Advisory Committee.

Purpose of Report

To provide recommended appointments to the newly established Major Projects Advisory Committee.

Background

A review of governance arrangements for Council’s Major Projects was undertaken by ThinkClear Group in late 2017.

Among the recommendations made to strengthen governance of Major Projects (defined as projects over $5m in value) was to establish a new independent Major Projects Advisory Committee reporting to Council that would be charged with providing objective assessments of proposed major projects to support Council decision making and overseeing governance of these important activities.

ThinkClear Group’s report and recommendations were reported to Council at the 10 April 2018 OMC. Council resolved to establish a Major Projects Advisory Committee at this meeting (Resolution B of GB.2).

Extract from minutes of 10 April 2018 OMC, File: S11906 Vide: GB.2.

Resolved:

(Moved: Councillors Ngai/Citer)

B. That Council establish a Major Projects Advisory Committee and adopt the Charter attached to this report.

CARRIED UNANIMOUSLY.

The advice recommended the Major Projects Advisory Committee consist of between 3 to 5 independent members of the public with expertise in various aspects of property development and construction. These would be paid positions for an initial term of 2 years.

The Committee would meet quarterly to receive updates on all active projects from management and more frequently as required to support due diligence activities for projects approaching recommendations to Council. The Committee would report directly to Council.

Appointment would be through a public expression of interest process.

Comments

An expression of interest was prepared and advertised in Sydney Morning Herald and the North Shore Times from 15 May 2018 for three weeks and closed on 5 June 2018.

Council received 24 applications of very high quality and covering a wide range of skill sets and experience.

Interviews were conducted from 10 July through 19 July 2018 with 23 applicants (one withdrew prior to interview) by an evaluation committee consisting of the General Manager, Manager Corporate Communications and the Interim Leader, Major Projects.

Applicants were given an opportunity to provide examples of their experience and how they would add value to Council and the community as a member of the Major Projects advisory Committee.

Applicants were evaluated using six key questions to arrive at a recommended list of members.

The questions asked of each applicant were:

1. Why are you interested in being on Council’s Major Projects Advisory Committee

2. What has your experience been with delivering large public infrastructure?

3. What has your experience been with commercial and high rise residential projects?

4. What has your experience been with private sector and public sector governance / risk / project oversight for large infrastructure projects?

5. What experience do you have participating in Advisory type committees?

6. What do you think are the best personal attributes for members of an Advisory Committee?

Candidates were scored out of 10 for each question to provide a basis for evaluation and comparison.

A recommended list of four applicants has been determined along with a secondary list of three as potential alternatives to those recommended from the 23 applicants interviewed. Recommended and Alternative candidates are included in Confidential Attachment 1.

The evaluation committee considered the optimum number of members for the MPAC and concluded that four members would be sufficient at this time. There is substantial breadth and depth of experience of the four recommended candidates to warrant not requiring five members. If additional expertise is needed at a future date, a new member can be added to accommodate this. It will also be administratively easier and more cost effective to manage four independent members than five.

Resumes of recommended an alternative candidates are included in Confidential Attachment 2.

The first meeting of the Major Projects Advisory Committee is expected to take place in or around October 2018.

integrated planning and reporting

Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P4.1.1

A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.

Plans to revitalise local centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community

Continue to engage with key community stakeholders and internal stakeholders to identify the requirements for new community facilities and infrastructure.

Finalise the reclassification of identified lands as resolved by Council.

Continue to implement a place management approach and innovative engagement practices to coordinate works and achieve quality outcomes for improvements in local centres.

P4.1.4

An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies

The Master Plan for the Lindfield centre and surrounding precincts is implemented.

Progress delivery of the Lindfield Community Hub

Governance Matters

Establishing the Major Projects Advisory Committee will strengthen governance of Major Projects through challenging independent and regular expert advice to support Council decision making.

Risk Management

The Major Projects Advisory Committee will consider risks for property development, construction, and sales activities of Council land with a value > $5m.

Financial Considerations

The proposed financial arrangements for Major Projects Advisory Committee members are as follows:

1. Two year term for each member with option at Council election to extend term by resolution.

2. Consultancy agreement entered into with each Committee member

3. Fee of $2,000 (plus GST) for preparation and attendance at each quarterly Committee meeting.

4. Hourly rate of $350 per hour (plus GST) for ad hoc work in support of major recommendations to Council requiring a report from the Committee or attendance at meetings of Council or staff.

These arrangements are consistent with experience at other Councils.

Major Project Advisory Committee costs will be provided proportionately from existing and future Major Project budgets.

Social Considerations

No specific social considerations apply.

Environmental Considerations

No specific environmental considerations apply.

Community Consultation

The application process was by public expression of interest and open to any member of the public to apply.

Internal Consultation

The results of the interview process has been considered by the Major Projects Steering Committee and endorsed for recommendation to Council.

Summary

A review of governance arrangements for Major Projects was undertaken in late 2017 recommending establishment of an independent Major Projects Advisory Committee to strengthen governance of major projects activities and decision making.

Council resolved to establish a Major Projects Advisory Committee consisting of between 3 and 5 members at the 10 April 2018 OMC. This Committee will report directly to Council.

A public expression of interest process was undertaken and four preferred members have are recommended by Staff to Council for appointment.

The first meeting of the Major Projects Advisory Committee is expected to take place by October 2018.

Recommendation:

That Council resolve to appoint the four recommended applicants to become members of Council’s Major Projects Advisory Committee.

Virginia Leafe

Manager Corporate Communications

Craig Calder

Interim Leader - Major Projects

Attachments:	A1	Attachment 1 Recommended and Alternative Members to MPAC 14 August 2018		Confidential
	A2	Attachment 2 Resumes for Recommended and Alternative Members to MPAC 14 August 2018		Confidential

Ordinary Meeting of Council - 14 August 2018	GB.6 / 54

Item GB.6	S05273
	17 July 2018

Investment Report as at 30 June 2018

EXECUTIVE SUMMARY

purpose of report:	To present Council’s investment portfolio performance for June 2018.

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 June 2018 was $4,966,000 against a budget of $3,891,000 giving a YTD favourable variance of $1,075,000.

recommendation:	That the summary of investments performance for June 2018 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 June 2018.

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 June 2018 was $4,966,000 against a budget of $3,891,000 giving a YTD favourable variance of $1,075,000. The favourable variance is due to an overall increase in the size of the investment portfolio during the financial year (approximately 20% increase), as well as achieving a higher rate of return than anticipated.

The total return on investments for the month of June is provided below.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of June 2018 was $177,401,000 compared to $181,250,000 at the end of May 2018, a net cash outflow of $3,849,000. The cash outflow was mainly due to end of financial year creditor payments.

Three investments have matured and three new investments were made during the month of June 2018.

Investment Performance against Industry Benchmark

Over the 2017/2018 financial year, the total portfolio returned 2.94% outperforming the industry benchmark (AusBond Bank Bill Index) by 1.16%. This is considered a strong return given that over the past two years deposit rates reached all-time lows. The outperformance continues to be driven by a combination of longer term deposits and floating rate notes locked in at higher interest rates and better margins.

The benchmark is specific to the type of investment and the details are provided below.

· AusBond Bank Bill Index is used for all Council’s investments

Table 1 - Investments Performance against Industry Benchmarks

Table 2 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 2 - Investments Portfolio Summary during June 2018

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.

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.

Financial Considerations

The budget for interest on investments for the financial year 2017/2018 is $3,890,700. Of this amount approximately $2,606,800 is restricted for the benefit of future expenditure relating to development contributions, $661,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $622,500 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 30 June 2018:

· Council’s total cash and investment portfolio is $177,401,000.

· The net return on investments for the financial year to June 2018 was $4,966,000 against a budget of $3,891,000, giving a YTD favourable variance of $1,075,000.

Recommendation:

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

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

Investments definitions specific to Council’s investment portfolio

2016/124274

Ordinary Meeting of Council - 14 August 2018	GB.7 / 61

Item GB.7	S02046/11
	6 August 2018

Local Government NSW Annual Conference 2018 - Call for Motions

EXECUTIVE SUMMARY

purpose of report:	To advise Council of an invitation from Local Government NSW (LGNSW) to submit motions to the 2018 Local Government NSW Conference.

background:	The Conference will be held at the Entertainment Centre, Albury, from Sunday 21 – Tuesday 23 October 2018. The Conference is the annual policy-making event for NSW general-purpose councils and associate members. It is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

comments:	All LGNSW members are able to put forward motions to be considered at the conference. Proposed motions should seek to be strategic, affect members state-wide and introduce new or emerging policy issues and actions.

recommendation:	That: A. Councillors provide any proposed motions for submission to the 2018 Local Government NSW to the General Manager by Wednesday, 29 August 2018; and B. A report providing details of any proposed motions be referred to Council at its meeting on 11 September 2018 for approval prior to submission to LGNSW.

Purpose of Report

To advise Council of an invitation from Local Government NSW (LGNSW) to submit motions to the 2018 Local Government NSW Conference.

Background

The Conference will be held at the Entertainment Centre, Albury, from Sunday 21 – Tuesday 23 October 2018.

The Conference is the annual policy-making event for NSW general-purpose councils and associate members. It is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way we are governed.

Comments

The LGNSW Board seeks to ensure that the motions debate advances the sector wide policy agenda. LGNSW has a policy framework consisting of Policy Principles and Position Statements (available at https://lgnsw.org.au/policy/policy-principles). Members should consider how proposed motions adhere to the policy principles or provide strong justification for a proposed motion which seeks to change LGNSW policy.

The Board has resolved that motions will be included in the Business Paper for the Conference only where they:

1. are consistent with the objects of the Association (see Rule 4 of the Association’s rules);

2. relate to Local Government in NSW and/or across Australia;

3. concern or are likely to concern Local Government as a sector;

4. seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association;

5. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws);

6. are clearly worded and unambiguous in nature; and

7. do not express preference for one or several members over one or several other members.

Please note the Board will not include motions in the Business Paper which do not advance the local government policy agenda. Therefore a motion will not be included if it is operational, rather than strategic; a matter which could be actioned by LGNSW without going to Conference; not local government business; focused on a local issue only, or if the motion is consistent with longstanding actions of LGNSW and the Local Government and Shire's Association.

Each motion submission made via the online form should include:

1. Name and contact details of submitting Officer

2. Indicative category of the motion

3. Motion title

4. Motion wording

5. Background note explaining the rationale of the motion (max 1 or 2 paragraphs)

6. Attach evidence of council support for the motion (i.e. extract of the minutes of the meeting at which the member resolved to submit the motion for consideration by the Conference, or in the absence of a council meeting, a letter signed by the Mayor and General Manager)

Consistent with last year’s Annual Conference, the LGNSW Board has established a Motions Sub-Committee to delegate the function of managing incoming motions for the 2018 Annual Conference. The Chief Executive will refer motions to the Sub-Committee that are either deemed not to meet the criteria, or it is unclear whether they meet the criteria, and the Sub-Committee will make the final decision on inclusion of those motions into the Conference Business Paper.

Prior to the Sub-Committee making a final decision, LGNSW may contact the council which submitted the motion to seek clarity about its intent or wording.

Motions will be grouped into categories of like motions and you are asked to suggest a category when submitting each motion. The six categories are:

1. Industrial relations and employment policy

2. Economic policy

3. Infrastructure and planning policy

4. Social policy

5. Environmental policy

6. Governance/Civic Leadership policy (e.g. legislative and regulatory setting, elections, participation, reform)

In line with the LGNSW rules, 12 midnight AEST, Sunday 23 September 2018 is the latest date motions will be accepted for inclusion in the Conference Business Paper.

Any Councillor considering proposing a motion for the conference is encouraged to review the full information provided by LGNSW on their website: https://www.lgnsw.org.au/events-training/local-government-nsw-annual-conference/motions.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Council leads the community by advocating, influencing and participating in policy development to the benefit of the local area.

Council actively engages with stakeholders to inform the development of Council’s strategies and plans as appropriate.

Pursue opportunities to contribute to policy development affecting Ku-ring-gai at state and regional levels.

Governance Matters

Submitting motions consistent with the requirements outlined above is a way for Council to engage and influence the Local Government policy agenda.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

The Local Government NSW Annual Conference will be held at the Entertainment Centre, Albury, from Sunday 21 – Tuesday 23 October 2018.

All LGNSW members are able to put forward motions to be considered at the conference.

The LGNSW Board seeks to ensure that the motions debate advances the sector wide policy agenda. Any Councillor considering proposing a motion for the conference is encouraged to review the full information provided by LGNSW on their website: https://www.lgnsw.org.au/events-training/local-government-nsw-annual-conference/motions.

Recommendation:

That:

A. Councillors provide any proposed motions for submission to the 2018 Local Government NSW to the General Manager by Wednesday, 29 August 2018; and

B. A report providing details of any proposed motions be referred to Council at its meeting on 11 September 2018 for approval prior to submission to LGNSW.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 14 August 2018	GB.9 / 68

Item GB.9	S03662
	6 August 2018

Appointment of Representatives to Internal and External Committees and Organisations

EXECUTIVE SUMMARY

purpose of report:	For Council to appoint representatives to replace former Councillor Citer on internal and external committees and organisations.

background:	Councillor David Citer tendered his resignation as a Councillor on Thursday 2 August 2018. Councillor Citer was nominated as Council’s delegate on four external committees and one internal committee.

comments:	The following committees require the appointment of a representative: · North Shore Local Area Command Community Safety Precinct · Ku-ring-gai Local Area Command Community Safety Precinct · Hornsby/Ku-ring-gai Bushfire Management Committee · Rural Fire Service District Liaison Committee · Lindfield Village Hub Community Reference Committee

recommendation:	That: A. Council appoint one delegate to the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney; B. Council appoint one delegate to the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn; C. Council appoint one delegate to Hornsby/Ku-ring-gai Bushfire Management Committee; D. Council appoint one delegate to the Rural Fire Service District Liaison Committee; E. Council appoint one representative to Lindfield Village Hub Community Reference Committee; and F. The external committees and organisations be informed of Council’s nominated representatives.

Purpose of Report

For Council to appoint representatives to replace former Councillor Citer on internal and external committees and organisations.

Background

On 21 September 2017 Council resolved to appoint representatives to external committees and organisations, as follows:

(Moved: Councillors Anderson/Citer)

That:

A. Council appoint its representatives to external committees and organisations for the mayoral term outlined in the table below:

*Committee/Organisation*	*Number to be appointed*	*Representative*
North Shore Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney	Mayor, or 1 delegate	Cr Citer
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn	Mayor, or 1 delegate	Cr Citer
Ku-ring-gai Meals on Wheels Inc.	1 delegate 1 alternate	Mayor Anderson Cr Greenfield
Eryldene Trust	1 delegate	Cr Szatow
Hornsby/Ku-ring-gai Bushfire Management Committee	1 delegate 1 alternate	Cr Citer Cr Greenfield
Metropolitan Public Libraries Association	1 delegate	Cr Kelly
Rural Fire Service District Liaison Committee	1 delegate	Cr Citer
Northern Sydney Regional Organisation of Councils (NSROC)	Mayor 1 delegate 1 alternate	Mayor Anderson Cr Ngai Cr Spencer
Ku-ring-gai Youth Development Service Inc. Management Committee	1 delegate 1 alternate	Cr Ngai Cr Clarke
Greater Sydney Local Land Services Government Advisory Group	1 delegate	Cr Spencer

and,

B. The external committees and organisations be informed of Council’s nominated representatives.

CARRIED UNANIMOUSLY

Further, Council resolved to make the following appointments to its Reference and Advisory Committees:

(Moved: Councillors Anderson/Citer)

That Council make appointments to its Reference and Advisory Committees for the 2017-2019 mayoral term as outlined below:

A. Council elect the Mayor, Councillor Anderson to the position as Chairperson and Councillor Smith as the Deputy for the Heritage Reference Committee.

B. Council elect Councillor Spencer as Chairperson and Councillor Kelly as Deputy for the Ku-ring-gai Traffic Committee.

C. Council elect Councillors Ngai and Smith 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.

D. Council elect Councillor Clarke as Chairperson and Councillor Ngai as Deputy for the Flood Risk Management Reference Committee.

CARRIED UNANIMOUSLY

On 10 April 2018, Council resolved membership to the Lindfield Village Hub Community Reference Committee as follows:

(Moved: Councillors Ngai/Pettett)

A. That Council establishes a Lindfield Village Hub Community Reference Committee.

B. That Council select the first seven members from the shortlist as outlined on page 233 of the confidential attachments, to sit on the Reference Committee.

C. That Council selects Councillors Ngai, Kelly and Citer to sit on the Reference Committee.

For the Resolution: Councillors Ngai, Pettett, Spencer, Greenfield, Citer, Kelly and Szatow

Against the Resolution: The Mayor, Councillor Anderson, Councillors Clarke and Smith

Following Councillor David Citer’s resignation as a Councillor on 2 August 2018, there are four external committees and one internal committee which require Council to reappoint representation.

Comments

The committees/organisations requiring an appointment are listed below. It is recommended that appointments are made for the remainder of the term outlined in the last column.

Committee/ Organisation	Appointment requirements	Resolved	Date of resolution	Term of appointment
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney	Mayor, or 1 delegate	Cr Citer	21 September 2017	2017-2019 Mayoral term
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn	Mayor, or 1 delegate	Cr Citer	21 September 2017	2017-2019 Mayoral term
Hornsby/Ku-ring-gai Bushfire Management Committee	1 delegate 1 alternate	Cr Citer (delegate) Cr Greenfield (alternate)	21 September 2017	2017-2019 Mayoral term
Rural Fire Service District Liaison Committee	1 delegate	Cr Citer	21 September 2017	2017-2019 Mayoral term
Lindfield Village Hub Community Reference Committee	Mayor (chairperson) and 3 Councillors	Mayor Anderson (chairperson) Cr Ngai Cr Kelly Cr Citer	10 April 2018	12 months

The Terms of Reference for the Lindfield Village Hub Reference Committee are attached (Attachment A1). Council staff have sought terms of reference and/or other relevant information from the four external committees and will circulate these to Councillors via memo as soon as they are received.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

The organisation is recognised and distinguished by its ethical decision making, efficient management, innovation and quality customer service.

Council’s governance framework is developed to ensure probity, transparency and the principles of sustainability are integrated and applied into our policies, plans, guidelines and decision making processes.

Comply with the requirements of the Local Government Act and Regulations.

Governance Matters

Councillor representation on internal and external committees and organisations is an important component of representing Council and understand the community’s views on a range of matters relevant to Ku-ring-gai.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

Councillor David Citer tendered his resignation as a Councillor on Thursday 2 August 2018.

Councillor Citer was nominated as Council’s delegate on four external committees and one internal committee.

The following committees require the appointment of a representative:

· North Shore Local Area Command Community Safety Precinct

· Ku-ring-gai Local Area Command Community Safety Precinct

· Hornsby/Ku-ring-gai Bushfire Management Committee

· Rural Fire Service District Liaison Committee

· Lindfield Village Hub Community Reference Committee

Recommendation:

That:

A. Council appoint one delegate to the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney;

B. Council appoint one delegate to the Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn;

C. Council appoint one delegate to Hornsby/Ku-ring-gai Bushfire Management Committee;

D. Council appoint one delegate to the Rural Fire Service District Liaison Committee;

E. Council appoint one representative to Lindfield Village Hub Community Reference Committee; and

F. The external committees and organisations be informed of Council’s nominated representatives.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

TOR - Lindfield Villiage Hub Reference Committee

2018/036611

Ordinary Meeting of Council - 14 August 2018	GB.10 / 74

Item GB.10	S11437

Consideration of submissions on the draft West Pymble Conservation Area

EXECUTIVE SUMMARY

purpose of report:	For Council to consider the submissions received during the public exhibition of the Planning Proposal to include two new heritage conservation areas being West Pymble Conservation Area and an extension to Orinoco Conservation Area in the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015) and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (KLEP LC 2012).

background:	A Planning Proposal was prepared to include several heritage conservation areas for KLEP 2015 and the KLEP LC 2012. The Planning Proposal was placed on public exhibition between 15 September 2017 and 23 October 2017. This report provides an overview of the outcomes of the public exhibition.

comments:	A total of 175 submissions were received on these two draft conservation areas during the public exhibition of the Planning Proposal. The submissions have been reviewed and the Planning Proposal has been revised.

recommendation:	That Council proceeds with a heritage listing for the amended Pymble Avenue Conservation Area. The larger West Pymble Conservation Area is not recommended to proceed nor is the extension to the Orinoco Conservation Area.

Purpose of Report

Background

On 6 December 2016 Council resolved to prepare and submit a Planning Proposal to the Department of Planning and Environment (the Department) for Gateway Determination to include several heritage conservation areas on schedule 5 and the Heritage Map of KLEP 2015 and KLEP LC 2012. The Department issued a Gateway Determination to allow exhibition on 2 May 2017.

The Planning Proposal was placed on public exhibition between 15 September 2017 and 23 October 2017. Owners were notified by a letter which included a map of the affected area, and a brochure briefly explaining the proposal, the process and the community’s opportunity to make comment.

A report on the submissions was presented at the Ordinary Council meeting of 8 May 2018. Following representations from members of the community the Council resolved to defer the report to three subsequent meetings to provide more time for Councillors to consider the recommendations and undertake their own assessments.

This report provides an overview of the outcomes of the public exhibition for the West Pymble Conservation Area and the proposed extension to the Orinoco Conservation Area.

Comments

Heritage conservation areas conserve the heritage values of an area, rather than a particular item. These are areas in which the historic origins and relationships between various elements create a cohesive sense of place that is worth keeping. These elements can include the buildings, gardens, landscape, views and vistas.

In undertaking the heritage conservation area review, Council is acknowledging the unique and valuable heritage character of Ku-ring-gai. Those areas which are recommended by this report represent the best heritage streetscapes within Ku-ring-gai. The determining factors in assessing cultural significance and contribution values can be can be found in Attachment A1

Common themes from the community submissions

Council received 175 community submissions for the heritage conservation area peer review for the HCAs being considered by this report, several of these were duplicates sent by mail and electronically: In addition 3 submissions were received that were in support of all the HCAs that were exhibited as part of the peer review.

Overview of submission numbers on these HCAs:

	Against	For	Unclear
Orinoco	2	1
West Pymble	63	17	1
Both HCAs	68	21	2
Total	133 (76%)	39 (22%)	3 (2%)

For these HCAs, 133 submissions were against the proposal, 39 submissions were for the proposal and 3 submissions were unclear as to whether they were for or against. A summary of the submissions for each of the heritage conservation area can be found in Attachments A3 to A5, and submissions that were made for all HCAs (i.e. not a specific area) can be found in Attachment A6.

Common themes from the submissions were:

· Implications of inclusion in a heritage conservation area;

· support for protecting the local area from increased residential density;

· impact on house prices from reduced demand;

· objection to blanket listing;

· The National Trust (NSW) study Housing in NSW Between the Wars 1996 prepared by Robertson and Hindmarsh.

A discussion of these common themes can be found in Attachment A2. A literature review on the effects of heritage listing in designated areas can be found in Attachment A7.

Review of the maps and proposed HCAs

Following the exhibition period Council staff reviewed the submissions, and then once again reviewed the proposed heritage conservation areas taking into consideration the information gleaned from the submissions, changes on the ground (demolitions and/or new developments including alterations and additions) and Council held records (such as historical photographs, Council reports, property files and development applications).

Below is a summary of the Council officer’s recommendation for each heritage conservation area. Further information for each of the heritage conservation areas can be found in Attachments A3 – A4 which includes comments, summary of submissions, revised ratings and revised mapping.

Summary of heritage conservation area recommendations

Type (new/extension)

Proposed name

LEP

Consultant

Recommendation

Extension

West Pymble

C11A – C11B

LCLEP

KLEP

PMA

Proceed amended

Extension

Orinoco

C10A – C10B

LCLEP

SJS and PMA

Not proceed

Map of the extension to the Pymble Avenue Conservation Area recommended to proceed can be found at Attachment A8.

Explanation of heritage conservation area recommendations

1. West Pymble Conservation Area – Pymble (C11A and C11B)(see Attachment A3)

Recommendation: Proceed amended

The wider area of West Pymble Conservation Area was rejected as a potential HCA due to the predominance of neutral properties in large clusters and the large number of submissions who believed this to be an “unjustified blanket listing”.

It is agreed the large areas of neutral properties do not warrant inclusion within a heritage conservation area.

Instead several potential small HCAs were reviewed and reassessed more closely where clusters of contributory buildings were indicated on the exhibited map. As a result of this reassessment it is recommended that the Pymble Avenue Conservation Area ( C11) be extended to include 65-77B Pymble Avenue. This extension includes development from the 1930s through to the 1960s. This is considered an important period of development with a further subdivision to existing lots. One of the more recent builds is an exceptional example of the work of renowned architect Russell Jack.

2. Orinoco Street Conservation Area (C10A and C10B)(see A4)

Recommendation: Do not proceed

The exhibited map of this extension to the Orinoco Street Conservation Area rated all the properties as neutral and all of these properties were battle-axe lots. These properties, following review, remained neutral. This area is not recommended to proceed as there is no gain to the HCA from the inclusion of this group non-historical buildings. This extension to the conservation area is not recommended to proceed.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Strategies, Plans and Processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets

Implement, monitor and review Ku-ring-gai’s heritage planning provisions

Identify gaps in existing strategies and plans

Governance Matters

This report addresses issues of heritage protection in line with Council’s recently gazetted LEPs. The process for the preparation and implementation of the Planning Proposal to implement the new Heritage Conservation Area is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

Council was issued with plan-making delegation under Section 2.4 (previous s.23) of the EP&A Act 1979 to finalise the Planning Proposal. This authorises to exercise the functions of the Greater Sydney Commission under Section 3.36 (previous s59) of the Act. This includes both:

• requesting that the legal instrument (the LEP) is drafted by Parliamentary Counsel’s Office (PCO), and

• the actual making of the LEP once an Opinion has been issued by PCO that the plan can be legally made.

When a delegated planning proposal is revised following exhibition, Council is to forward a copy of the revised proposal to the Department under Section 3.35(2) (previous 58(2)) of the Act. In circumstances where substantial changes are made to a planning proposal after exhibition, a new Gateway determination and further consultation may be required before the LEP is made.

Given the substantial changes that are being proposed to this planning proposal and the added complexity and conflicting issues surrounding the multiple HCAs, it is recommended that Council’s delegation be returned to the Department to finalise the proposal. This will then allow the department to direct these complicated amendments to Parliamentary Counsel.

Risk Management

This report provides the level of detail and the justification, including preliminary community consultation.

Financial Considerations

The costs associated with this matter are covered by the Strategy and Environment Department, Urban and Heritage Planning budget.

Social Considerations

There is a community expectation that places of heritage significance within the Ku-ring-gai Council local government area will be identified and protected.

Environmental Considerations

Council is responsible for the identification and management of Ku-ring-gai’s environmental heritage. Consideration of this matter will assist Council in meeting this requirement.

Community Consultation

The Planning Proposal was exhibited from 15 September 2017 until 23 October 2017. It was advertised on Council’s website and in the North Shore Times and Hornsby Advocate. Letters and an explanatory brochure were forwarded to the owners of affected properties inviting submissions. In some cases Council staff undertook additional site inspections of the proposed heritage conservation areas with the local residents to enable staff to fully comprehend their submissions.

The recommendations by Council officers were also considered by Council’s Heritage Reference Committee. There were no objections raised to the recommendations regarding the draft heritage conservation areas contained within this report.

Internal Consultation

A briefing was held for Councillors on the Heritage Conservation Area program on Tuesday, 29 May 2018 and a further Councillor briefing session was scheduled prior to this report to the Council meeting of 14 August 2018.

This report has been referred to the relevant sections of Council and the Council’s Heritage Reference Committee for comment.

Summary

This report considers the community submissions to a planning proposal to list one additional heritage conservation area being West Pymble Conservation Area. Based on the assessment of the submissions and further detailed heritage assessment an amended heritage conservation area is recommended to proceed being the amended Pymble Avenue Conservation Area.

Recommendation:

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

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

C. That Council resolves to adopt the Planning Proposal to list the amended heritage conservation area Pymble Avenue Conservation Area as identified in Attachment A8 in Schedule 5 and the Heritage Map of the Ku-ring-gai Local Environmental Plan 2015.

D. Due to the substantial changes that are being proposed to this planning proposal and the added complexity and conflicting issues surrounding the multiple HCAs, Council returns its delegation to the Department to finalise the proposal.

E. That Council forwards the amended Planning Proposal which includes the amendments made at this meeting and from the Ordinary Meetings of Council held on 12 June 2018 and 26 June 2018 to the Department under Section 3.35(2) of the Environmental Planning and Assessment Act to determine whether a new Gateway Determination and further consultation is required before the LEP is made. Should the Department be satisfied that a new Gateway determination and further consultation is not required, Council requests that the LEP be made.

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

Andreana Kennedy

Heritage Specialist Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Attachment 1 - Determining factors in assessing the significance of heritage conservation areas and contribution ratings	2018/169572
	A2	Attachment 2 - Common themes from the submissions	2018/169578
	A3	Attachment 3 - West Pymble Conservation Area - C11A & C11B	2018/175995
	A4	Attachment 4 - Orinoco Conservation Area - C10A & C10B	2018/175971
	A5	Attachment 5 - Submission summary table - West Pymble and Orinoco	2018/176063
	A6	Attachment 6 - Submission summary table - Not Specified	2017/343501
	A7	Attachment 7 - Brief literature review of the effect of designation on area on house prices	2018/109311
	A8	Attachment 8 - extension to Pymble Avenue HCA - recommended to proceed	2018/176329

Ordinary Meeting of Council - 14 August 2018	GB.11 / 84

Item GB.11	S11745

Planning Proposal - 169 -177 Mona Vale Road, St Ives

EXECUTIVE SUMMARY

purpose of report:	For Council to consider a Planning Proposal for 169‑177 Mona Vale Road, St Ives

background:	The Planning Proposal was submitted to Council on 17 October 2017. The Planning Proposal was incomplete. Following submission of revised documentation, the review of the Planning Proposal formally commenced on 8 May 2018. The Planning Proposal seeks to amend the Ku-ring-gai Local Environmental Plan (Local Centres) 2012 to allow an additional permitted use of “Recreation Facility (indoor)” to 169-177 Mona Vale Road, St Ives under Schedule 1.

comments:	The purpose of this report is to determine whether the Planning Proposal should be submitted to the Department of Planning and Environment for a Gateway Determination and proceed to public exhibition. The Planning Proposal was reported to the Ku-ring-gai Local Planning Panel for advice on 23 July 2018, as required by the Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979.

recommendation:	That the Planning Proposal, subject to amendments outlined in this report, be sent to the Department of Planning and Environment for a Gateway Determination.

Purpose of Report

For Council to consider a Planning Proposal for 169‑177 Mona Vale Road, St Ives

Background

The Planning Proposal was submitted on 17 October 2017. The Planning Proposal submitted was incomplete. Following submission of revised documentation, the review of the Planning Proposal formally commenced on 8 May 2018. The Planning Proposal is included at Attachment A1.

The Planning Proposal seeks to make the following amendment to the Ku-ring-gai Local Environmental Plan (Local Centres) 2012:

· Amendment to Schedule 1 – Additional Permitted Uses for ‘Recreational Facility (indoor)’ to apply to land at 169-177 Mona Vale Road, St Ives

Site Description and Local Context

The site that is the subject of this Planning Proposal is collectively known as 169-177 Mona Vale Road, St Ives (Lots 11 and 12 DP1230991). The site has an area of 3,647sqm and is irregular in shape. The site has a frontage to Mona Vale Road. Vehicle access to the site is provided via an access handle off Shinfield Avenue. The site has been recently developed with a 5 storey mixed-use building, which comprises commercial/office/medical suites on the ground floor, and residential units above. Parking for the development is provided by basement carparking.

Located adjacent to the site to the north is the Shell Service Station and located adjacent to the site to the south is a commercial building currently used as a real estate agent. To the rear (east) of the site are a mix of residential properties, including dwelling houses, dual occupancies, town houses and residential flat buildings.

The site is located within the St Ives Local Centre, which includes a mix of commercial, retail, religious, recreational and residential uses (including medium and high density). St Ives Shopping Centre is located on the opposite side of Mona Vale Road, approximately 300m north of the site. The site is also within close proximity to Pymble Golf Club, St Ives Village Green, St Ives Memorial Park and The St Ives Anglican Church.

Image 1 – 169-177 Mona Vale Road, St Ives

The site is currently zoned R4 High Density Residential under the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

Image 2 – Zoning Map Extract KLEP Local Centres 2012

Permitted land uses under the KLEP Local Centres 2012 R4 High Density Residential zone include:

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs: Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Environmental protection works; Exhibition homes; Flood mitigation works; Home-based child care; Home businesses; Home industries; Hostels; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Roads; Seniors housing; Shop top housing

The subject site also benefits from Additional Permitted Uses of ‘Commercial Premises’ and ‘Office Premises’ under Schedule 1:

21 Use of certain land at 167, 169, 169A and 171 Mona Vale Road, St Ives

(1) This clause applies to land at 167, 169, 169A and 171 Mona Vale Road, St Ives, being Lot C, DP 401301, Lots 1 and 2, DP 856121 and Lot 1, DP 578867.

(2) Development for the purpose of commercial premises is permitted with development consent.

(3) Development for the purpose permitted in subclause (2) must not exceed a floor space ratio of 0.5:1.

22 Use of certain land at 173, 177, 183, 183A and 185 Mona Vale Road, St Ives

(1) This clause applies to land at 173, 177, 183, 183A and 185 Mona Vale Road, St Ives, being Lot 1, DP 653503, Lot 1, DP 126732, Lot 5, DP 12504, Lots 10 and 11, DP 829668 and Lot 1, DP 1084135.

(2) Development for the purpose of office premises is permitted with development consent.

(3) Development for the purpose permitted in subclause (2) must:

(a) be confined to the ground floor, and

(b) not exceed a floor space ratio of 0.5:1.

History of zoning and additional permitted uses on site

The additional permitted uses relating to commercial and office premises on this site and adjoining sites within the St Ives town centre were established during the preparation of the (repealed) Town Centres LEP 2010, which formed the basis for the now current KLEP Local Centres 2012.

The Council Report from 19 July 2005 on St Ives Town Centre Planning outlined that 167 -185 Mona Vale Road from the corner of Shinfield Avenue east along Mona Vale Road was to be rezoned to allow for mixed-use residential, with non-retail commercial uses. The report notes that a mixed-use zone recognises that there are already several shops in the strip on the corner of Shinfield Avenue that are used for viable retail and commercial purposes and which may have had existing use rights that would permit continuation of such uses in the event of redevelopment. The requirement for non-retail uses came from the Ku-ring-gai Retail Centres Study 2005 prepared by Hill PDA. The rationale was to provide for commercial floorspace in the St Ives Centre to cater for the wide range of small businesses, medical practitioners and professional services that currently operate in the centre and to allow for future demand for space to cater for such uses.

Due to the Standard Instrument Template requiring that mixed-use zones have to permit retail uses, Council’s approach was to use the R4 High Density Residential zone, and then allow non-retail commercial uses via Schedule 3 Additional Permitted Uses.

Development History of Site

DA0321/13 - Development Application DA0321/13 was granted development consent by the Land and Environment Court of NSW on 4 June 2014. Consent was granted for demolition of the existing commercial buildings and construction of a 5 storey mixed-use development, comprising 17 commercial/office/medical suites and 58 residential units.

MOD0187/14 – Was approved on 21 July 2015 for various alterations and additions to the consent including, reduction in size to basement carpark, changes to commercial tenancies, overall reduction in FSR, external changes to buildings and extra bedrooms to some apartments.

DA0429/16 – Stratum subdivision of mixed-use development (as approved under DA0321/13 and further modified under MOD0187/14).

MOD0130/16 – Modified approval was granted on 12 April 2017 for combining tenancies G.01 and G.02), outdoor seating area, changes to shopfront doors and windows, and changes to hours of use.

DA0600/16 – Approved on 18 May 2017 for the change of use to units G8, G9, and G10 to be used as a medical suite, and the fit-out of the tenancies to facilitate the use.

DA0373/16 – Approved on 1 June 2017 for change of use from retail to food and drink premises, including associated fit-out works Units G.01 and G.02

MOD0074/17 – Approved on 26 July 2017 which proposed internal changes to the ground floor layout of units.

DA0236/17 – Alterations and additions including new deck, roof and landscaping to rear of G01 and G02 tenancies. Currently under assessment.

Comments

Planning Proposal – Proposed Amendments to KLEP Local Centres 2012

The Planning Proposal seeks to make the following amendment to the Ku-ring-gai Local Environmental Plan (Local Centres) 2012:

· Amendment to Schedule 1 – Additional Permitted Uses for ‘Recreational Facility (indoor)’ to apply to land at 169-177 Mona Vale Road, St Ives

‘Recreational Facility (indoor)’ is defined in the Standard Instrument LEP as – ‘a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club’.

The Planning Proposal outlines that the purpose of the amendment is to allow for a gymnasium on the ground floor of the current mixed-use building, which would be subject to a Development Application.

Advice from Development Assessment and a review of Development Applications indicates that gyms/gymnasiums are defined as ‘Recreation Facilities (indoors)’.

Merit

As noted above, the stated purpose of the amendment is to allow for a gymnasium on the ground floor of the current mixed-use building, which would be subject to a Development Application. However, the Planning Proposal cannot be tied to a specific development.

A Planning Proposal must demonstrate strategic and site specific merit of the proposed amendments to the Local Environmental Plan. The following is an assessment of the relevant merits of the Planning Proposal:

Strategic Merit

The Planning Proposal is consistent with the following objectives of the Greater Sydney Region Plan – A Metropolis of Three Cities:

· Objective 6 – Services and Infrastructure meet communities changing needs.

· Objective 7 – Communities are healthy, resilient and socially connected.

· Objective 22 – Investment and business activity in centres

A Metropolis of Three Cities outlines that liveability incorporates access to housing, transport and employment as well as social, recreational, cultural and creative opportunities. Improved health, public transport and accessibility outcomes are achieved through the provision of schools, recreation, transport, arts and cultural, community and health facilities in walkable, mixed-use places co-located with social infrastructure and local services. Mixed-use neighbourhoods close to centres and public transport improve the opportunity for people to walk and cycle to local shops and services. Enhancing the safety, convenience and accessibility has many benefits, including healthier people, more successful businesses and centres.

The Planning Proposal is consistent with the following planning priorities of the North District Plan:

· Planning Priority N3 Providing Services and Social Infrastructure to meet peoples changing needs;

· Planning Priority N4 Fostering healthy, creative, culturally rich and socially connected communities;

· Planning Priority N6 Creating and renewing great places and local centres, and respecting the Districts heritage;

· Growing investment, business opportunities and jobs in strategic centres.

The site the subject of the Planning Proposal contains a mixed-use building, and is well located within the St Ives town centre. The additional permitted use provides for increased local services for residents within the town centre. Co-locating activities, social infrastructure and local services in mixed-use areas is a more efficient use of land and enhances the viability of and access to centres and public transport.

The Planning Proposal is not inconsistent with the SEPPs applicable to the site.

The Planning Proposal is consistent with the s117 Directions 3.1 and 3.4 relating to Residential Zones, and Integrating Land Use and Transport. The Planning Proposal will not reduce the permissibility of residential development on the site as it will only apply to the ground floor commercial tenancies within an existing mixed-use building, and the site is well located within the St Ives town centre, providing convenient access to public transport and services.

The submitted Planning Proposal does not provide sufficient detail to justify inconsistencies with Section 9.1 Direction - 6.3 Site Specific Provisions. This direction applies when a planning proposal will amend an LEP in order to allow a particular development to be carried out – which is the stated purpose of this Planning Proposal, to allow for a gymnasium on the ground floor of the current mixed-use building, which would be subject to a future Development Application. The direction states that a Planning Proposal must either:

a) Allow the land use to be carried out in the zone the land is situated on

b) Rezone the site to an existing zone already applying in the LEP that allows the land use without imposing any development standards or requirements in addition to those already contained within the zone

c) Allow the land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the LEP

The Planning Proposal needs to be amended prior to being submitted for a Gateway Determination to sufficiently address this inconsistency.

It is considered that the Planning Proposal is justifiably inconsistent with s117 Direction 6.3 Site Specific Provisions, and the inclusion of the proposed additional permitted use is justified as follows:

· It is inappropriate to include the proposed additional permitted use ‘Recreation Facility (indoor) in the Land Use Table for the R4 High Density Residential zone, which would apply to all land zoned R4 under the KLEP Local Centres 2012.

· There are unique circumstances applying to the site:

o The site was specifically zoned for mixed-use residential, with non-retail commercial uses – this was achieved by zoning the site R4 High Density Residential and then specifying additional permitted uses of commercial and office premises under Schedule 1. Other R4 zoned sites within Ku-ring-gai do not permit such commercial uses.

o The site has been developed as a mixed-use building, consistent with a mixed-use building that would be developed within the B2 Local Centre and B4 Mixed-Use zones. The B2 and B4 zones permit the use ‘Recreation Facility (indoor)’ with consent. In this regard, the outcome of the Planning Proposal is consistent with the outcomes for other mixed-use buildings, and mixed-use zoned land in Ku-ring-gai.

o The site is located in close proximity to the St Ives local centres, and land zoned B2 Local Centre.

· The Planning Proposal has been prepared in response to a site specific development that requires the additional permitted use to proceed.

Site Specific Merit

The site was specifically zoned for mixed-use residential uses, with non-retail commercial uses. This was achieved by zoning the site R4 High Density Residential, and then specifying additional permitted uses of commercial and office premises under Schedule 1 of the KLEP Local Centres 2012.

The site has been developed with a 5 storey mixed-use building, which comprises commercial/office/medical suites on the ground floor, and residential units above. Parking for the development is provided by basement carparking.

The mixed-use development that has been built on the site is consistent with mixed-use developments permitted within the B2 Local Centre and B4 Mixed-Use zones within Ku-ring-gai. Both the B2 Local Centre Zone and B4 Mixed-Use zone permit ‘Recreation Facilities (indoor)’ as a land use permitted with consent. It is therefore considered that the outcome of the Planning Proposal will be consistent with the land uses permitted within the mixed-use zones, and would result in subsequent development outcomes that are consistent with other mixed-use developments within Ku-ring-gai.

The Planning Proposal notes ‘For future flexibility, the additional permitted use is to apply to the whole of the subject site comprising Strata Plan 95647 and includes 169-177 Mona Vale Road, St Ives. It is intended that the use will be confined to the ground floor’. Strata Plan 95647 is the commercial strata plan within the mixed-use development on site. The additional permitted use needs to be linked to the commercial strata plan to ensure it is confined to the ground floor of the mixed-use building.

Traffic and Parking

Despite requests from Council, the Planning Proposal has failed to address the potential traffic and parking generation resulting from the proposed additional use on the site. The Planning Proposal needs to give consideration as to whether the proposed additional use of ‘Recreation Facility (indoor) ‘ will result in an increase to the traffic and parking requirements generated by the approved commercial and medical uses on the ground floor of the building.

Council’s Strategic Transport Engineer has reviewed the approved development, and subsequent modification applications for the mixed-use building and found that the commercial and medical uses in underlying development (DA0321/13) appear to be approved with an effective parking rate of 1 space/28sqm GFA (i.e. 1,728sqm GFA and 62 car parking spaces). According to the strata plan, the 62 spaces provided in the basement are divided into 38 employee/long stay and 24 visitor spaces. Long stay/employee parking is allocated for specific tenancies, and appears to be unallocated/shared for visitors.

Normally for commercial uses, parking is to be provided at a rate of 1 space/33sqm GFA, medical suites (health consulting rooms) at a rate of 1 space/40sqm GFA and medical centres at a rate of 1 space/25sqm GFA (Ku-ring-gai DCP 2015).

A change of use of 2 of the commercial suites to food and drink premises (effectively restaurant/café/coffee shop under the DCP) has recently been approved. The parking allocation for these 2 commercial suites under the strata plan is 8 spaces. According to the Ku-ring-gai DCP, parking is required for restaurant/café/coffee shop at the rate of 1 space per 17sqm GFA, so for strata lots G.01 and G.02 (207.6sqm GFA) which were the subject of the change of use, the parking required for this change of use would be 12.2 spaces (assume 13 spaces for the purpose of this assessment), which is more than its allocation, and relies on the use of some of the unallocated visitor parking for its shortfall. If retail/restaurant uses extended to the whole ground floor, the parking requirement would be 102 spaces (1,728 sqm/17). Based on this, the site would not be able to support the change of use to the whole ground floor to restaurant/café/coffee shop use given that there are 62 spaces in the basement.

If the Planning Proposal was to be approved to permit recreation facility (indoor)( i.e. gym), parking would also need to be provided at the rate of 1 space per 17sqm GFA (Ku-ring-gai DCP 2015). If the change of use to recreation facility (indoor) was notionally applied to the whole ground floor, 102 car parking spaces would also be required, which would also not be able to be supported by the site. But gyms typically have peak periods early in the morning or late in the evening, at a time which does not normally conflict with other land uses that typically experience peak parking demand during the middle hours of the day (such as commercial and medical suites uses). Despite this, there would still be an upper limit of floor area that could be changed from commercial / medical suites to either recreation facility (indoor) or retail (or any other use that requires parking to be provided at a rate higher than 1 space/28sqm GFA), due to the fixed amount of parking provision in the basement.

The additional permit use Recreation Facility (indoor) (gym) could be supported but the impacts to parking would need to be assessed at the Development Application stage to determine if there is sufficient car parking in the basement to cater for the proposed floor area to be changed at the time of peak parking of the use (gym).

Part D, Q.10 Is there adequate public infrastructure for the planning proposal? – Despite requests from Council, the Planning Proposal has failed to address the potential traffic and parking generation resulting from the proposed additional use on the site. The Planning Proposal needs to be amended in order to provide information as to whether the proposed additional use of ‘Recreation Facility (indoor)’ will result in an increase to the traffic and parking generated by the approved commercial and medical uses on the ground floor of the building.

Amenity Impacts

It is acknowledged that gymnasiums, and other uses that fall under the ‘Recreation Facility (indoor)’’ definition may have the potential to result in noise and amenity impacts. Some uses will generate more noise than others – this depends on the size, but also the types of activities and equipment used. At the Planning Proposal stage, this detailed information is not available and is unable to be considered. Impacts such as noise and vibration would be assessed as part of a merit assessment for any such Development Application.

A Planning Proposal is not a Development Application, and does not consider the specific detailed matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. A Planning Proposal only relates to an LEP amendment, and the proposed amendment needs to be acceptable as an outcome on the site, regardless of the subsequent approval or refusal of a specific Development Application.

Advice from Ku-ring-gai Local Planning Panel

Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979 requires Council to refer all Planning Proposals prepared after 1 June 2018 to the Ku-ring-gai Local Planning Panel for advice, before it is forwarded to the Minister for a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

The Planning Proposal was reported to the Ku-ring-gai Local Planning Panel Meeting on 23 July 2018. The Ku-ring-gai Local Planning Panel have provided the following advice to Council, which is included at Attachment A2.

The KLPP supported the planning proposal, as they considered the proposed use is appropriate for the site and the site has unique circumstances compared to other R4 zoned land, in terms of current permitted uses and its proximity to the St Ives local centre.

The panel advised that the Planning Proposal should be submitted to the Department of Planning and Environment for a Gateway Determination, subject to the following amendments:

Part 1

a. to address s9.1 Direction 6.3 Site Specific Provisions and Part D, Q10 Is there adequate public infrastructure for the planning proposal

Council comment: Agreed. These matters have been discussed in detail above under Strategic Merit and Traffic and Parking.

b. the proposed recreation facility (indoor) use be limited to the ground floor level

Council comment: The submitted Planning Proposal notes under Part 2 – Explanation of Provisions (page 4) that “..the additional permitted use is to apply to the whole subject site comprising Strata Plan 95647 and includes 169-177 Mona Vale Road St Ives. It is intended that the use will be confined to the ground floor”. Accordingly – the Planning Proposal already notes that the proposed additional use is to be limited to the ground floor and no further amendment is required.

c. the combined floor space ratio of commercial premises and recreation facilities (indoor) shall not exceed FSR 0.5:1 as in clauses 21 and 22 of Schedule 1 of the KLEP Local Centres 2012

Council comment: Clauses 21 and 22 of Schedule 1 of the KLEP Local Centres currently limits the additional permitted uses of commercial premises and office premises to a floor space ratio of 0.5:1. The proposed additional permitted use of recreation facility (indoor) should be restricted to within the same 0.5:1 floor space ratio available for the other commercial. It is recommended that the applicant amend the Planning Proposal prior to Gateway to address this matter.

Part 2

The Panel also advised that Council rationalise clauses 21 and 22 of Schedule 1 of the KLEP Local Centres 2012 in progressing the Planning Proposal.

Council comment: Clauses 21 and 22 of Schedule 1 of the KLEP Local Centres currently are:

21 Use of certain land at 167, 169, 169A and 171 Mona Vale Road, St Ives

(1) This clause applies to land at 167, 169, 169A and 171 Mona Vale Road, St Ives, being Lot C, DP 401301, Lots 1 and 2, DP 856121 and Lot 1, DP 578867.

(2) Development for the purpose of commercial premises is permitted with development consent.

(3) Development for the purpose permitted in subclause (2) must not exceed a floor space ratio of 0.5:1.

22 Use of certain land at 173, 177, 183, 183A and 185 Mona Vale Road, St Ives

(1) This clause applies to land at 173, 177, 183, 183A and 185 Mona Vale Road, St Ives, being Lot 1, DP 653503, Lot 1, DP 126732, Lot 5, DP 12504, Lots 10 and 11, DP 829668 and Lot 1, DP 1084135.

(2) Development for the purpose of office premises is permitted with development consent.

(3) Development for the purpose permitted in subclause (2) must:

(a) be confined to the ground floor, and

(b) not exceed a floor space ratio of 0.5:1.

The Lots and DPs referenced within these two clauses have been consolidated as part of the development of the mixed-use building on the site the subject of the Planning Proposal. Accordingly – the Lots and DPs should be amended to reflect the new legal description of the site. This matter would be addressed and rationalised during the drafting of the instrument.

Amendments required to Planning Proposal

The Planning Proposal does not sufficiently address a number of critical matters, and is required to be amended prior to being sent to the Department of Planning and Environment for a Gateway Determination, as follows:

· s117 Direction 6.3 Site Specific Provisions – The submitted Planning Proposal does not provide sufficient detail to justify inconsistencies with s117 Direction 6.3 Site Specific Provisions. This direction applies when a planning proposal will amend an LEP in order to allow a particular development to be carried out – which is the stated purpose of this Planning Proposal, to allow for a gymnasium on the ground floor of the current mixed-use building, which would be subject to a future Development Application. The Planning Proposal needs to be amended prior to Gateway to sufficiently address this inconsistency.

· Part D, Q.10 Is there adequate public infrastructure for the planning proposal? – Despite requests from Council, the Planning Proposal has failed to address the potential traffic and parking generation resulting from the proposed additional use on the site. The Planning Proposal needs to be amended in order to provide information as to whether the proposed additional use of ‘Recreation Facility (indoor)‘’ will result in an increase to the traffic and parking generated by the approved commercial and medical uses on the ground floor of the building.

· Maximum floor space ratio of 0.5:1 – In accordance with the advice from the KLPP, the Planning Proposal should be amended to limit the additional permitted commercial uses and Recreation Facility (indoor)‘use to a combined maximum floor space ratio of 0.5:1.

integrated planning and reporting

Theme 3 - Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1 A robust planning framework is in place to deliver quality design outcomes and maintain the identity and character of Ku-ring-gai

P2.1.1 Land use strategies, plans and processes are in place to effectively manage the impact of new development

Implement and monitor the Local Environmental Plans and supporting Development Control Plans.

Governance Matters

The process for the preparation and implementation of Planning Proposals is governed by the provisions contained in the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

If Council fails to make a decision within 90 days (from the commencement of the review of the application) or if Council makes a decision to not support the Planning Proposal, the proponent can request the Department of Planning and Environment for a Rezoning Review.

Local Planning Panels Direction – Planning Proposals issued by the Minister for Planning under Section 9.1 of the Environmental Planning and Assessment Act 1979 requires Council to refer all Planning Proposals prepared after 1 June 2018 to the Local Planning Panel for advice, before it is forwarded to the Minister for a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

Risk Management

This is a privately initiated Planning Proposal. Council needs to determine its position on the matter as to whether the Planning Proposal should be sent to the Department of Planning and Environment for a Gateway Determination and proceed to public exhibition.

Council risks damage to its reputation if it does not undertake strategic land use planning in an effective and timely manner.

Financial Considerations

The Planning Proposal was subject to the relevant application fee under Councils 2017/2018 Fees and Charges Schedule. The cost of the review and assessment of the Planning Proposal is covered by this fee.

Social Considerations

The Planning Proposal will not result in any adverse social impacts.

Environmental Considerations

The site is not mapped as containing land identified as Biodiversity Significance or Riparian Lands under the KLEP (Local Centres) 2012.

Community Consultation

In the event that the Planning Proposal is granted a Gateway Determination by the Department of Planning and Environment, the Planning Proposal would be placed on statutory public exhibition in accordance with the requirements of the Gateway Determination, and the Department of Planning and Environments publication ‘A Guide to Preparing Local Environmental Plans’.

The public exhibition would include notification to the surrounding properties and advertisement within the North Shore Times and on Councils website.

Internal Consultation

The assessment of the Planning Proposal has included consultation with Councils Strategic Transport Engineer and staff from Development and Assessment.

Summary

A Planning Proposal has been submitted for 169-177 Mona Vale Road, St Ives which seeks to make the following amendment to the KLEP (Local Centres) 2012:

· Amendment to Schedule 1 to allow an additional permitted use of ‘Recreation Facility (indoor)’.

The Ku-ring-gai Local Planning Panel at their meeting of 23 July 2018 provided advice that they supported the Planning Proposal, as the panel considers the proposed use is appropriate for the site, and the site has unique circumstances compared to other R4 zoned land, in terms of current permitted uses and its proximity to the St Ives local centre.

The Planning Proposal has been assessed against the Section 3.33 of the Environmental Planning and Assessment Act 1979, and the Department of Planning and Environments A Guide to Preparing Planning Proposals (August 2016) and there is sufficient merit to enable the Planning Proposal to be submitted to the Department of Planning and Environment for a Gateway Determination.

Recommendation:

A. That the Planning Proposal for 169-177 Mona Vale Road, St Ives be sent to the Department of Planning and Environment for a Gateway Determination.

B. That prior to being sent for a Gateway Determination, the Planning Proposal be amended by the applicant as outlined in the body of this report.

C. That Council requests to be authorised as the local plan-making authority to exercise the functions under Section 3.36(2) of the Environmental Planning and Assessment Act 1979 for this Planning Proposal.

D. The upon receipt of a Gateway Determination, the Planning Proposal be placed on public exhibition in accordance with the requirements of the Gateway Determination and the Environmental Planning and Assessment Act 1979.

E. That a report be brought back to Council at the conclusion of the exhibition period.

Alexandra Plumb

Urban Planner

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Planning Proposal - 169-177 Mona Vale Road St Ives - Submitted 30 April 2018		2018/123812
	A2	KLPP 23 July 2018 - Planning Proposal for 169-177 Mona Vale Road, St Ives		2018/219916

Ordinary Meeting of Council - 14 August 2018	GB.12 / 97

Item GB.12	S10508

Letter of Support - Northern Suburbs Football Association (NSFA) - Greater Sydney Sports Facility Fund Application

EXECUTIVE SUMMARY

purpose of report:	To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.

background:	Northern Suburbs Football Association (NSFA) has a requested a Letter of Support from Council to support their fund application for the Greater Sydney Sports Facility Fund Program.

comments:	Northern Suburbs Football Association (NSFA) is the largest registered sporting association within the Ku-ring-gai LGA. NSFA intends to apply for a $3.6 million grant via the Greater Sydney Sports Facility Fund and supplement $1.2 million from NSFA’s resources to fund construction of a multi-purpose amenities structure at North Turramurra Recreational Area (NTRA).

recommendation:	That Council provide a Letter of Support for North Suburbs Football Association’s (NSFA) grant application to the Greater Sydney Sports Facility Fund Program.

Purpose of Report

To provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund Program application.

Background

Northern Suburbs Football Association (NSFA) has expressed interest in submitting a grant application through the Greater Sydney Sports Facility Fund Program for the construction of a multi-purpose amenities structure at North Turramurra Recreational Area (NTRA).

The Greater Sydney Sports Facility Fund has been established by the NSW Government to create spaces and places that enable communities to participate in sport at all levels.

The fund will invest in new and existing facilities to improve the quality and quantity of sports infrastructure across Greater Sydney.

The main objective of the Greater Sydney Sports Facility Fund is to ensure funding is allocated to those sporting facilities that deliver the best outcomes for the communities they support.

The aim is to ensure that the right investments in community sport facilities are made and that the best value possible is achieved.

The overall program objectives are to:

· Increase the number and type of sport facilities;

· Improve the standard of existing sport facilities; and

· Increase participation in sport.

The Fund will provide an allocation of $100 million and is available over three (3) years for sport facility projects. There will approximately be $33 million available per year for the next three (3) years.

The application requires a Letter of Support from Council.

Comments

Northern Suburbs Football Association (NSFA) is the largest registered association within

Ku-ring-gai Local Government Area (LGA). They currently have 16,457 active registrations with 45% living within the LGA. They manage 30 community clubs and one representative club (Northern Tigers FC), with 15 clubs including the Northern Tigers based within the LGA.

They are the main users of Council’s sportsfields, booking approximately 70% of sportsfields within the LGA.

These fields include:

1. Allan Small Oval (Killara)

2. Auluba Oval #1 & #2 (South Turramurra)

3. Bannockburn Oval (North Pymble Park)

4. Barra Brui Reserve (St Ives)

5. Browns Oval (Wahroonga)

6. Carrington Oval (Wahroonga)

7. Charles Bean Oval (Lindfield)

8. Comenarra Reserve (South Turramurra)

9. Darnley Oval (East Gordon Park)

10. Edenborough Oval (Lindfield)

11. Fiddens Wharf Sportsground (West Killara)

12. Friars Field (Pymble)

13. George Christie Sportsground (Wahroonga)

14. Golden Jubilee (back) (Wahroonga)

15. Howson Oval (South Turramurra)

16. Karuah Park (Turramurra)

17. Kent Rd Sportsground (Turramurra)

18. Killara Park (Bert Oldfield)

19. Koola Oval #1 (composite) (Killara)

20. Koola Oval #3 (soccer)

21. Koola Oval #4 (soccer)

22. Loyal Henry Park (Roseville)

23. Mimosa Oval (Rofe Park) (South Turramurra)

24. Norman Griffith Sportsground (West Pymble)

25. NTRA #1 (synthetic) (North Turramurra)

26. NTRA #2 (central)

27. NTRA #3 (east)

28. Primula Oval (West Lindfield)

29. Queen Elizabeth Reserve (West Lindfield)

30. Regimental Oval (2 ovals winter – East and West) (Killara)

31. Roseville Park

32. Samuel King Oval (North Turramurra

33. St Ives Showground Main Arena (2 fields in winter)

34. The Glade (2 fields in winter) (Wahroonga)

35. Toolang Oval (St Ives)

36. Warrimoo Oval (St Ives)

37. Wellington Oval (East Lindfield Park)

NSFA have previously made it known to Council they wish to construct a multipurpose amenities structure at the NTRA.

Their proposal would include a clubroom / community space, change rooms, toilets, storage, administration offices and an undercover spectators seating area. They estimate the cost of this development is $4.8 million.

Although their proposal to date is unfunded, the NSFA Board have committed to invest $1.2 million towards this project.

NSFA has expressed interest in submitting an application through the Greater Sydney Sports Facility Fund to fund their proposal. Please refer to Attachment 1.

The submission will be for $3.6 million to fund the design and construction of the multipurpose amenities building to service the adjoining sports fields. It is proposed to use the facility to assist with community programs such as:

· Active Ku-ring-gai Program;

· National Pararoos Program to help people with cerebral palsy, acquired brain injury and symptoms of stroke; and

· Australian Blind Football.

NSFA’s proposal has received support from:

· Hornsby Ku-ring-gai & Hills District Cricket Association,

· Elite Golf NSW,

· Football Federation Australia and

· Australia Blind Football.

Copies of these Letters of Support are attached - Attachment 2 to Attachment 5.

Football Federation Australia view the proposal as a significant building to home the Pararoos which is the national team for athletes with cerebral palsy, acquired brain injury or symptoms acquired from a stroke..

The Greater Sydney Sports Facility Fund application requires approval from either the land owner or the Council. NSFA have requested a Letter of Support from Council to accompany their grant application for the construction of the multipurpose amenities building at North Turramurra Recreation Area (NTRA).

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

C4.1.1 A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.

Programs are delivered in collaboration with agencies and partners to encourage healthy and active lifestyles.

Develop and implement sports programs in co-operation with, or by supporting local sporting clubs and providers.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.

Engage with community partners to improve Council’s sporting and recreational facilities.

Pursue improvement of sporting and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

There are no governance matters to be considered at this point.

Risk Management

Council is also submitting a Greater Sydney Sports Facility Fund application for the proposed indoor sports centre at St Ives High School.

Concerns have been raised that a Letter of Support for the NSFA may conflict with Council’s own application for the sports centre at St Ives High School.

However, there is a reputational risk if Council does not support already established local clubs with improving facilities for the community.

Financial Considerations

No financial considerations. NSFA intend to fund the proposed project of approximately $4.8 million via the Greater Sydney Sports Facility Fund ($3.8 million) and a commitment from the NSFA Board of $1.2 million.

Social Considerations

The inclusion of a multipurpose amenity building would provide increase social benefits to the community and user groups and enable better utilisation of the existing fields. It will also provide improved surveillance around NTRA.

Environmental Considerations

If NSFA is successful in their application, a Statement of Environmental Effects will need to be detailed as part of the planning process.

Community Consultation

There has been no community consultation regarding NSFA’s request for a Letter of Support for the Greater Sydney Sports Facility Fund Application.

Internal Consultation

Directors have been consulted regarding NSFA’s request for a Letter of Support for the Greater Sydney Sports Facility Fund Application.

Concerns were raised regarding Council’s support which may conflict with Council’s own application for the sports centre at St Ives High School.

However, if NSFA was successful with their application the community would benefit immensely from the facility.

Summary

The Northern Suburbs Football Association (NSFA) has formerly requested a Letter of Support from Council for their submission to the Greater Sydney Sports Facility Fund Program.

Northern Suburbs Football Association (NSFA) are proposing to construct a multipurpose amenities facility at the North Turramurra Recreation Area (NTRA).

They are committed to investing $1.2 million towards the project with the remaining $3.6 million requested through the Greater Sydney Sports Facility Fund Program.

The facility will be used by the local clubs and utilised by other external groups such as Active Ku-ring-gai, National Pararoos, Australian Blind Football, local cricket clubs, and Elite Golf NSW.

Concerns have been raised that a Letter of Support may conflict with Council’s own application for the sports centre at St Ives High School.

However, there is a reputational risk if Council does not support already established local clubs with improving facilities for the community.

Recommendation:

A. That Ku-ring-gai Council provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund application (2018).

B. The Letter of Support clearly state Council’s support for the Greater Sydney Sports Facility Fund Program application (2018) only.

C. All other grant applications require a separate Letter of Support from Council.

George Bounassif

Director Operations

Attachments:	A1	NSFA - request for letter of support	2018/211488
	A2	Hornsby Ku-ring-gai & Hills District Cricket Association - letter to support	2018/211496
	A3	Elite Golf NSW - letter to support	2018/211493
	A4	Football Federation Australia - letter to support	2018/211481
	A5	Australia Blind Football - letter to support	2018/211484

Ordinary Meeting of Council - 14 August 2018	GB.13 / 103

Item GB.13	RFT5-2018
	17 May 2018

RFT5-2018 Comenarra Playing Field Amenities Upgrades

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Comenarra Playing Field and appoint the preferred tenderer.

background:	Ku-ring-gai Council is proposing to upgrade the existing amenities located at Comenarra Playing Field, South Turramurra. The existing amenities were constructed in the early to mid-seventies. They are significantly deteriorated by the ageing process and the elements. Tender documents were released through Tenderlink on 6 February 2018 and closed on 6 March 2018.

comments:	Five (5) submissions received. The submissions were assessed using published criteria which identified the best value to Council.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions as detailed in the confidential Attachment 1.

Purpose of Report

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Comenarra Playing Field and appoint the preferred tenderer.

Background

Council approved funding for the upgrade of Comenarra Playing Field Amenities as part of the 2016/2017 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan, and was carried forward to 2017/18.

The existing amenities were constructed in the early to mid-seventies. They are significantly deteriorated by the ageing process and the elements. The membrane on the existing concrete roof has reached its end of life cycle and requires immediate upgrade with water ingress affecting the structural integrity of the internal building fabric and fixtures.

The internal fixing and PC items are dated and require replacement with more user friendly and energy efficient components. The isolation of the amenities has also raised security and safety concerns which are planned to be addressed by providing additional lighting, and the installation of heavy duty security entry doors.

Tender documents were released through Tenderlink on 6 February 2018, with a closing date of 6 March 2018.

Comments

Five (5) compliant tenders were received from the following companies:

· Avant Constructions Pty Ltd;

· Capital 1 Projects;

· Cubic Constructions Pty Ltd;

· RMA Constructions Pty Ltd; and

· Westbury Constructions Pty Ltd.

A Tender Evaluation Panel consisting of staff from the Operations Building Services and Procurement Management section assessed all tender submissions for conformity and then for the best value for money for Council as per the published selection criteria.

Confidential attachment to this report includes:

· Tender Assessment and Recommendation Report - Attachment 1

integrated planning and reporting

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.

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.

Standards are developed to improve the condition and functionality of existing and new assets.

A prioritised program of improvements to community meeting rooms, halls, buildings and facilities is being implemented.

Governance Matters

Tender documents were prepared and released through Tenderlink on 6 February 2018 with a closing date of 6 March 2018. At the close of tender, five (5) tenders were received. All submissions were recorded in accordance with Council’s Tendering Policy.

Council’s Manager Procurement and Contracts was in attendance for the Tender Evaluation Panel meetings to ensure the evaluation was conducted in accordance with the signed Evaluation Plan.

The confidential attachment to this report includes the list of tenders received, the Tender Evaluation Panel’s comments and recommendation.

The attachment is considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That work needed to be carried out by a suitably qualified company with experience in projects of similar scale.

· Availability – the company was available to commence work as stipulated by Council and has the resources to complete the work within 14 weeks or less, subject to weather delays and delays by external organisations outside their control.

· That Council should not be exposed to financial risk. As part of the evaluation process tenderers were assessed on providing all information and costs requested within the tender document and an independent Performance and Financial Assessment was carried out on the preferred tenderer to ensure they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

Financial Considerations

This project is currently listed in Council’s 2017/2018 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan. However, the scope of proposed works exceeds the existing budget with no money available from other resources at this time.

Amenity upgrade at the Comenarra Playing Field, South Turramurra, will be re-listed as a priority when funding is available.

Social Considerations

The proposed upgrade of the present facilities is in line with Council’s 2017/2018 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan to have the community embrace healthier lifestyle choices and practices; and to provide quality community and recreational facilities to meet the needs of our changing community.

Environmental Considerations

A potential Impact Assessment (PIA) was not required as the upgrades have no consequential impact on the environment.

An Environmental Management Plan is not required as the construction is recommended to not progress at this time.

Community Consultation

Prior to the commencement of on-site works, permanent hirers, local residents, and visitors will be advised of the commencement of works and be provided with a time estimate for the completion of the works.

Internal Consultation

Operations Staff have consulted with staff in Strategy & Environment Department for the proposed upgrade of the amenities.

Summary

Tender documents were released through Tenderlink on 6 February 2018 and closed on 6 March 2018.

A Tender Evaluation Panel was formed consisting of representatives from Operations Building Services and Procurement Management section. At the close of tender five (5) tenders were received and all were recorded in accordance with Council’s Tendering Policy.

Due to the scope of work exceeding available funding, it is recommended Council decline all tender submissions as detailed in the confidential Attachment 1.

It is proposed that existing funds be reallocated to the Roseville Chase Oval amenity upgrade to ensure a complete refurbishment of the amenity is undertaken.

Amenity upgrade at the Comenarra Playing Field, South Turramurra will be re-listed as a priority when funding is available.

Recommendation:

A. That the Council decline to accept any of the tender submissions for RFT 05-2018 Comenarra Playing Field Amenities Upgrades at South Turramurra.

B. That the current budget be reallocated to Roseville Chase Oval amenity upgrade.

C. That the amenity upgrade at Comenarra Playing Field be re-listed as a priority when funding is available.

D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

George Bertoncello

Building Services Asset & Project Supervisor

Ian Taylor

Manager Engineering Operations

George Bounassif

Director Operations

Attachments:

Tender assessment and recommendation report

Confidential

Ordinary Meeting of Council - 14 August 2018	GB.14 / 108

Item GB.14	RFT6-2018
	17 May 2018

RFT6-2018 George Christie Playing Field Amenities Upgrades

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at George Christie Playing Field and appoint the preferred tenderer.

background:	Ku-ring-gai Council is proposing to upgrade the existing amenities which are located at George Christie Playing Field Wahroonga. The existing amenities were constructed in the early to mid-seventies. They are significantly deteriorated by the ageing process and the elements. Tender documents were released through Tenderlink on 6 February 2018 and closed on 6 March 2018

comments:	Six (6) submissions were received. However, one was deemed non-complaint as they did not attend the mandatory pre-tender site inspection. The submissions were assessed using published criteria which identified the best value to Council.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions as detailed in the confidential Attachment 1.

Purpose of Report

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at George Christie Playing Field and appoint the preferred tenderer.

Background

Council approved funding for the upgrade of the George Christie Playing Field Amenities as part of the 2016/2017 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan, and was carried forward to 2017/18.

Tender documents were released through Tenderlink on 6 February 2018, with a closing date of 6 March 2018.

Comments

Five (5) compliant tenders were received from the following companies:

· Avant Constructions Pty Ltd;

· Capital 1 Projects Pty Ltd;

· Cubic Constructions Pty Ltd;

· RMA Constructions Pty Ltd; and

· Westbury Constructions Pty Ltd.

It should be noted that one other tender submission was received from Harris Mackay Interior Fit-outs Pty Ltd. However, their submission was considered non-complaint as they did not attend the mandatory pre-tender site inspection.

Confidential attachment to this report includes:

· Tender Assessment and Recommendation Report - Attachment 1

integrated planning and reporting

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.

Standards are developed to improve the condition and functionality of existing and new assets.

A prioritised program of improvements to community meeting rooms, halls, buildings and facilities is being implemented.

Governance Matters

Tender documents were prepared and released through Tenderlink on 6 February 2018 with a closing date of 6 March 2018. At the close of tender, five (5) compliant tenders were received. All submissions were recorded in accordance with Council’s Tendering Policy.

Council’s Manager Procurement and Contracts was in attendance for the Tender Evaluation Panel meetings to ensure the evaluation was conducted in accordance with the signed Evaluation Plan.

The confidential attachment to this report includes the list of tenders received, the Tender Evaluation Panel’s comments and recommendation.

The attachment is considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as it is considered to contain commercial in confidence information.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That work needed to be carried out by a suitably qualified company with experience in projects of similar scale.

· That Council should not be exposed to financial risk. As part of the evaluation process tenderers were assessed on providing all information and costs requested within the tender document and an independent Performance and Financial Assessment would be carried out on the preferred tenderer to ensure they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

Financial Considerations

Amenity upgrade at George Christine Playing Field, Wahroonga will be re-listed as a priority when funding is available.

Social Considerations

Environmental Considerations

A potential Impact Assessment (PIA) is not required as the upgrades have no consequential impact on the environment.

An Environmental Management Plan is not required as the construction is recommended to not progress at this time.

Community Consultation

Prior to the commencement of any on-site works, permanent hirers, local residents, and visitors will be advised of the commencement of works and be provided with a time estimate for the completion of the works.

Internal Consultation

Operations Staff have consulted with staff in Strategy & Environment Department for the proposed upgrade of the amenities.

Summary

Tender documents were released through Tenderlink on 6 February 2018 and closed on 6 March 2018.

A Tender Evaluation Panel was formed consisting of representatives from Operations Building Services. At the close of tender five (5) compliant tenders were received and all were recorded in accordance with Council’s Tendering Policy.

Due to the scope of work exceeding available funding, it is recommended Council decline all tender submissions as detailed in the confidential Attachment 1.

It is proposed that the existing funds be reallocated to the Roseville Chase Oval amenity upgrade to ensure a complete refurbishment of the amenity is undertaken.

Amenity upgrade at George Christine Playing Field, Wahroonga will be re-listed as a priority when funding is available.

Recommendation:

A. That Council decline to accept any of the tender submissions for RFT 06-2018 George Christie Playing Field amenities upgrades at Wahroonga.

B. That the current budget be reallocated to Roseville Chase Oval amenity upgrade.

C. That the amenity upgrade at George Christie Playing Field be re-listed as a priority when funding is available.

D. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

George Bertoncello

Building Services Asset & Project Supervisor

Ian Taylor

Manager Engineering Operations

George Bounassif

Director Operations

Attachments:

Tender assessment and recommendation report

Confidential

Ordinary Meeting of Council - 14 August 2018	GB.15 / 113

Item GB.15	RFT7-2018
	17 May 2018

RFT7-2018 Roseville Chase Amenities Upgrades

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Roseville Chase Oval and appoint the preferred tenderer.

background:	Ku-ring-gai Council is proposing to upgrade the existing amenities which are located at Roseville Chase Oval, Roseville. The existing amenities were constructed in the early to mid-seventies. They are significantly deteriorated by the ageing process and the elements. Tender documents were released through Tenderlink on 6 February 2018 and closed on 6 March 2018.

comments:	Seven (7) submissions received. However, one was deemed non-compliant as they did not attend the mandatory pre-tender site inspection. The compliant submissions were assessed using published criteria which identified the best value to Council.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council decline all submissions as detailed in the confidential Attachment 1.

Purpose of Report

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Roseville Chase Oval and appoint the preferred tenderer.

Background

Council approved funding for the upgrade of Roseville Chase Oval Amenities as part of the 2016/2017 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan, and was carried forward to 2017/18.

Tender documents were released through Tenderlink on 6 February 2018, with a closing date of 6 March 2018.

Comments

Six (6) complaint tenders were received from the following companies:

· Avant Constructions Pty Ltd;

· BBJ Constructions Pty Ltd;

· Cubic Constructions Pty Ltd;

· RMA Constructions Pty Ltd;

· SML/LX Projects Pty Ltd; and

· Westbury Constructions Pty Ltd.

It should be noted that one other tender submission was received from Harris Mackay Interior Fit-outs Pty Ltd. However, their submission was considered non-compliant as they did not attend the mandatory pre-tender site inspection.

Confidential attachment to this report includes:

· Tender Assessment and Recommendation Report - Attachment 1

integrated planning and reporting

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

Standards are developed to improve the condition and functionality of existing and new assets.

A prioritised program of improvements to community meeting rooms, halls, buildings and facilities is being implemented.

Governance Matters

Tender documents were prepared and released through Tenderlink on 6 February 2018 with a closing date of 6 March 2018. At the close of tender, six (6) compliant tenders were received. All submissions were recorded in accordance with Council’s Tendering Policy.

Council’s Manager Procurement and Contracts was in attendance for the Tender Evaluation Panel meetings to ensure the evaluation was conducted in accordance with the signed Evaluation Plan.

The confidential attachment to this report includes the list of tenders received and the Tender Evaluation Panel’s comments and recommendation.

The attachment is are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as it is considered to contain commercial in confidence information.

Risk Management

Three (3) key areas of risk were identified in relation to the proposed work:

· That work needed to be carried out by a suitably qualified company with experience in projects of similar scale.

· That Council should not be exposed to financial risk. As part of the evaluation process tenderers were assessed on providing all information and costs requested within the tender document and an independent Performance and Financial Assessment would be carried out on the preferred tenderer to ensure they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender documents.

Financial Considerations

Amenity upgrade at Roseville Chase Oval will be re-listed as a priority when funding is available.

Social Considerations

Environmental Considerations

A potential Impact Assessment (PIA) is not required as the upgrades have no consequential impact on the environment.

An Environmental Management Plan is not required as the construction is recommended to not progress at this time.

Community Consultation

Internal Consultation

Operations Staff have consulted with staff from Strategy & Environment Department for the proposed upgrade of the amenities.

Summary

Tender documents were released through Tenderlink on 6 February 2018 and closed on 6 March 2018.

A Tender Evaluation Panel was formed consisting of representatives from Operations Building Services. At the close of tender six (6) compliant tenders were received and all were recorded in accordance with Council’s Tendering Policy.

Due to the scope of work exceeding available funding, it is recommended Council decline all tender submissions as detailed in the confidential Attachment 1.

It is recommended that funds be reallocated from Comenarra Playing Field Amenities Upgrade and George Christie Playing Field Amenities Upgrade to the Roseville Chase Oval Amenities Upgrade to ensure the complete refurbishment of the amenity.

Amenity upgrade at Roseville Chase Oval, Roseville will be re-listed as a priority when full funding is available.

Recommendation:

A. That Council decline to accept any of the tender submissions for RFT 07-2018 Roseville Chase Oval amenities upgrade.

B. That funds be reallocated from the amenity upgrades at Comenarra Playing Field and George Christie Playing Field to ensure a complete refurbishment of the Roseville Chase Oval amenity.

C. That all tenderers be advised of Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulations.

George Bertoncello

Building Services Asset & Project Supervisor

Ian Taylor

Manager Engineering Operations

George Bounassif

Director Operations

Attachments:

Tender assessment and recommendation report

Confidential

Ordinary Meeting of Council - 14 August 2018	MM.1 / 29

Item MM.1	S10391

Ordinary Meeting of Council - 14 August 2018	GB.5 / 51

Item GB.5	S02046/11
	31 May 2018

Ordinary Meeting of Council - 14 August 2018	GB.8 / 65

Item GB.8	CY00212/10
	6 August 2018

Ordinary Meeting of Council - 14 August 2018	NM.1 / 118

Item NM.1	S10376

Ordinary Meeting of Council - 14 August 2018	NM.2 / 121

Item NM.2	S11979