Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 25 September 2018 AT 7:00 pm

Level 3, Council Chamber

Agenda

** ** ** ** ** **

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 report(s) and attachments:

C.1 LVH - Developer EOI documentation

Section 10A(2)(c) of the Act permits the meeting to be closed to the public in respect of information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

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)(ii) because it would confer a commercial advantage on a competitor of the Council.

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 Extension of Flood Lights at Golden Jubilee (Front Field) for Friday Night Competition - Post Trial Season Report

Attachment A1: ....... Golden Jubilee Oval - Review of Trial Lighting Extension

Attachment A2: .......... OMC 28/08/2017 - Notification letter and submissions

The above attachments are confidential because they relate to personnel matters concerning particular individuals (other than Councillors). In accordance with Section 10A(2)(a).

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 6

File: S02131

Meeting held 11 September 2018

Minutes numbered 275 to 288

minutes from the Mayor

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 Election of Deputy Mayor for the 2018 - 2019 Term 17

File: S03662

To elect the Deputy Mayor for the 2018-2019 term.

Recommendation:

That Council elects the Deputy Mayor for the 2018-2019 Mayoral term using the ordinary ballot method.

GB.2 Draft General and Special Purpose Financial Statements for the year ended 30 June 2018 23

File: FY00259/11

To present to Council the draft Financial Statements for the year ended 30 June 2018 for certification and referral to Council’s external auditor, the Audit Office of NSW and seek approval to carry over budgets to fund incomplete works at 30 June 2018.

Recommendation:

That Council receive, certify and refer the draft Financial Statements for the year ended 30 June 2018 to Council’s external auditor, the Audit Office of NSW, and adopt the carry forward expenditure for the amount of $20.051m.

GB.3 Investment Report as at 31 August 2018 45

File: FY00623

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

Recommendation:

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

GB.4 Extension of Flood Lights at Golden Jubilee (Front Field) for Friday Night Competition - Post Trial Season Report 53

File: S10119

Following the trial season and further consultation, approval from Council is sought to permanently amend the Sports Facilities Plan of Management for the Ku-ring-gai Stealers Baseball Club at Golden Jubilee (Front Field).

Recommendation:

That Council approves the amendment for the trial to become a permanent allocation to the Sports Facilities Plan of Management.

GB.5 Lindfield Village Green Heads of Agreement with TfNSW update 58

File: S10840

To inform Council of updated terms proposed by TfNSW for the Lindfield Village Green Heads of Agreement (HoA).

Recommendation:

That Council approves the (revised) HoA (Attachment A1) and that the General Manager or his delegate be authorised to continue financial negotiations with TfNSW with a view to finalising an Agreement for Lease (including capital funding) for the delivery of commuter car spaces on the LVG site.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Mona Vale Road HCA 64

File: S11437

Notice of Rescission from Councillors Spencer, Clarke and Kelly dated 13 September 2018

We, the undersigned, hereby move rescission of the following motion of the Ordinary Meeting of Council of 26 June 2018:

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

Should the above rescission be resolved, we further intend to move:

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

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 LVH - Developer EOI documentation

File: S10973-28

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(c) & 10A(2)(d)(ii), 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)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Interim Leader - Major Projects.

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 11 September 2018

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillor 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)

Acting Director Community (Virginia Leafe)

Manager Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Planning (Craige Wyse)

Corporate Lawyer (Jamie Taylor)

Minutes Secretary (Nala Redford)

The Meeting commenced at 7:02 pm

The Mayor offered the Prayer

STAFF Apologies

The General Manager advised that Director Community Janice Bevan is on leave and Virginia Leafe will be Acting Director Community.

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.

The General Manager advised in respect to item GB.4 - Consolidation of Ku-ring-gai Local Environmental Plan 2015 and Ku-ring-gai Local Environmental Plan (Local Centres) 2012 that special disclosure of pecuniary interest forms have been completed by Councillors Clarke, Smith, Szatow, Spencer, Anderson and Ngai. All Councillors remained in the Chamber during the debate on this item.

275

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Spencer/Smith)

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

GB.6 Minor Works Tender 2018 - 2021

Attachment A1: Tender Assessment and Recommendation ~ attachment for Council Report

Attachment A2: Weighted Evaluation Worksheet - attachment for Council report

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

GB.7 Road Naming - Jemimas Place

Attachment A2: Submissions

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

CARRIED UNANIMOUSLY

Address the Council

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

Justin Woodcock Extension of HCA to Pymble Heights

Ceiridwen Davies Heritage Conservation Areas in Ku-ring-gai

Martin Lord Heritage Conservation Areas in Ku-ring-gai

Brad Bullen Heritage Conservation

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Items:

GB.9 - Short term lease of Old Headmasters Cottage to NSW Electoral Commission for October 2018 Council By-election - St Ives Ward

Report by Director Strategy & Environment dated 11 September 2018

Councillors Agenda Information:

OMC 11/09/2018 GB.6 – Minor Works Tender 2018-2021

Memorandum from Director Operations advising that a hard copy of Attachment A2 on the above item will be circulated separately.

OMC 11/09/2018 GB.7 – Monthly Project Status Update Report

Memorandum from Manager Integrated Planning Property & Assets providing clearer A3 copies to Attachment A1 on the above item.

Councillors Information:

Variations to Development Standards 1 July 2017 – 30 June 2018

Memorandum from Director Development & Regulation providing a list of development applications where variations to development applications were considered by Council between 1 July 2017 to 30 June 2018.

OMC143 QN.3 – Number of Heritage Listings Triggered by DA Applications

Memorandum from Director Strategy & Environment in response to a Question without Notice from OMC 22 May 2018.

OMC245 QN.1 – Using Google Map for Traffic Studies

Memorandum from Director Operations in response to a Question without Notice from OMC 14 August 2018.

OMC248 QN.4 – Education Programs for Heritage Conservation Areas

Memorandum from Director Strategy & Environment in response to a Question without Notice from OMC 14 August 2018.

OMC272 QN.2 – Financial Model and Assumptions on Lindfield Village Hub

Memorandum from General Manager in response to a Question without Notice from OMC 28 August 2018.

CONFIRMATION OF MINUTEs

276

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 28 August 2018

Minutes numbered 250 to 274

Resolved:

(Moved: Councillors Szatow/Clarke)

That Minutes numbered 250 to 274 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

277

Drought Relief Assistance

File: CY00441/6

Vide: MM.1

Many of us in the Ku-ring-gai community have been moved by the plight of drought-affected farmers here in NSW and elsewhere across Australia.

All levels of government as well as numerous other organisations are offering various kinds of assistance to alleviate the short-term effects of the drought.

The Federal Government is currently assisting drought affected council areas across western Queensland, NSW and Victoria through one-off contributions of $1 million each to spend on drought mitigation measures ranging from trucking in drinking water to counselling services. The value of the Federal Government's drought-assistance package is now $1.8 billion.

Ku-ring-gai is largely shielded from the visible effects of drought that are so devastating to farmers, their crops and livestock, but as a Council and as a community we should all be concerned that the heartland of Australia’s food producers is being destroyed by this prolonged lack of rain.

NSW as a whole has had its driest year since 1965. The latest projections by the Bureau of Meteorology point to a drier than average spring and an El Nino event forming in the Pacific by the end of spring, which typically results in below-average rainfall across Australia’s eastern states.

As Mayor, I propose that Council donates to charities helping the farmers directly:

The Big Dry Drought Appeal is a partnership between Fairfax Media, Macquarie Radio and the ‘Buy A Bale’ charity whose members are delivering essential relief to drought-stricken farmers across a burnt rural landscape that stretches across New South Wales.

All money donated to The Big Dry Drought Appeal is used to purchase vital feed and water for their starving remaining livestock and for the purchase of essential amenities for their deserving families. If we donate through this appeal Bayside Council will donate an additional $1000.

The Salvation Army is supporting farmers and communities affected by drought with cash donations as they allow the people affected to recover with dignity by purchasing items they need most, which also injects much-needed funds into the local economy.

The donation will also show our community’s solidarity with rural communities affected by drought.

I have been advised by the General Manager that funding is available to meet the costs of this one–off donation, which is 100% tax-deductible.

I therefore recommend that Council adopt the recommendation of this Mayoral Minute.

Resolved:

That Council endorse a one-off donation of $10,000 - $5,000 to each of these two above mentioned charities.

CARRIED UNANIMOUSLY

PETITIONS

278

Petition Opposing to the Recent Extension of Pymble Heights Heritage Conservation Area (Sixteen [16] Signatures & four [4] Electronic Responses)

File: S11437

Vide: PT.1

“I am opposed to the recent extension of the Pymble Heights Heritage Conservation Area (HCA) and the recent decisions made by Council with respect to such extensions. I petition Councillors to rescind these HCA decisions. I am also opposed to any future extension of the Pymble Heights HCA regardless of when such extension is proposed or for whatever reason.”

Resolved:

(Moved: Councillors Kelly/Spencer)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

279

Local Government NSW Annual Conference 2018 - Confirmation of Motions

File: S02046/11

Vide: GB.1

To confirm the submission of motions from Council to the 2018 Local Government NSW Annual Conference.

Resolved:

(Moved: Councillors Szatow/Pettett)

That no motions are submitted by Council to the 2018 Local Government NSW Annual Conference.

CARRIED UNANIMOUSLY

280

Mayoral Donations for Financial Year 2017/2018

File: FY00275/10

Vide: GB.2

To advise Council of the Mayoral Donations made during the 2017/2018 financial year.

Resolved:

(Moved: Councillors Szatow/Pettett)

That the report be received and noted.

CARRIED UNANIMOUSLY

281

Local Approvals Policy

File: S07151

Vide: GB.3

For Council to consider and readopt the Ku-ring-gai Local Approvals Policy.

Resolved:

(Moved: Councillors Szatow/Greenfield)

That Council readopt the Ku-ring-gai Local Approvals Policy so as to facilitate the continued assessment of all applications made under Section 68 of the Local Government Act, 1993 and other miscellaneous applications.

CARRIED UNANIMOUSLY

282

Revised Delivery Program 2013-2017 and Operational Plan 2017-2018 Bi-annual Report

File: FY00382/10

Vide: GB.5

To report to Council on the progress of the Revised Delivery Program 2013-2017 and Operational Plan 2017 -2018, for the period January to June 2018.

Resolved:

(Moved: Councillors Szatow/Greenfield)

That the report on the six (6) monthly progress review of the Revised Delivery Program, 2013-2017 and Operational Plan 2017- 2018 for the period of January 2018 to June 2018 be received and noted.

CARRIED UNANIMOUSLY

283

Minor Works Tender 2018 - 2021

File: RFT18-2018/R

Vide: GB.6

To seek Council approval to accept tender submissions for the Minor Works Schedule of Rates Tender for the periods of 2018/2019, 2019/2020 and 2020/2021 with the option to extend the contract by a further two (2) – 12 month periods.

Resolved:

(Moved: Councillors Szatow/Greenfield)

A. That the tender rates submitted by Tenderers 1-14,16, 19-20, 22-35, 37-39 and 41 be accepted for admission into the Minor Works Tender 2018-2021 preferred contractor panel.

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

C. That the Seal of Council be affixed to all necessary documents.

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

CARRIED UNANIMOUSLY

284

Road Naming - Jemimas Place

File: S03211

Vide: GB.7

To report on the proposed name, “Jemimas Place” for a new road in North Turramurra.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council accept the proposed name ”Jemimas Place ”for the new road within the residential subdivision at No 59 Miowera Road, North Turramurra.

B. That notice of the new road name be published in a local newspaper and the NSW Government Gazette.

CARRIED UNANIMOUSLY

285

Monthly Project Status Report - August 2018

File: FY00621

Vide: GB.8

To provide Council with the Project Status Report for August 2018.

Resolved:

(Moved: Councillors Szatow/Clarke)

A. That Council receive and note the Project Status Report for July 2018.

B. That the Project Status Report be placed on Council’s website.

CARRIED UNANIMOUSLY

286

Short term lease of Old Headmasters Cottage to NSW Electoral Commission for October 2018 Council By-election - St Ives Ward

File: S07252/9

Vide: GB.9

To seek Council approval to the grant of a short term lease over the Old Headmasters Cottage, 175 Rosedale Road St Ives to the NSW Electoral Commission for the St Ives By-election.

Resolved:

(Moved: Councillors Pettett/Greenfield)

A. That Council approves of the grant of a lease to the NSW Electoral Commission for a term commencing subject to the terms set out in this report.

B. That Council delegates to the Mayor and General Manager authority to execute all documentation associated with the lease.

C. That Council affix the Common Seal to all necessary documents.

CARRIED UNANIMOUSLY

287

Consolidation of Ku-ring-gai Local Environmental Plan 2015 and Ku-ring-gai Local Environmental Plan (Local Centres) 2012

File: S11688

Vide: GB.4

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

Shane Ryan

For Council to consider the preparation of a Planning Proposal for the consolidation of the Ku-ring-gai Local Environmental Plan 2015 and of the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That a Planning Proposal be prepared for the consolidation of Ku-ring-gai Local Environmental Plan 2015 and of Ku-ring-gai Local Environmental Plan (Local Centres) 2012. The Planning Proposal is to include the mapping changes identified in Attachment A1 and the amendments to the Written Instrument identified in Attachment A2.

B. That the Planning Proposal be forwarded to the Department of Planning and Environment for a Gateway Determination in accordance with the provisions of the EP&A Act and Regulations.

C. That Council requests the plan making delegation under Section 2.4 of the EP&A Act for this Planning Proposal.

D. That upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the requirements of the EP&A Act and with the Gateway Determination requirements.

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

F. That the Killara Golf Club Planning Proposal not be part of the consolidation until such time as Councillors can review it.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

288

Heritage Conservation Areas

File: S11437

Vide: NM.1

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

Stig Falster

Ceiridwen Davies

Richard Kaan

Thomas Ban

Martin Lord

Angus Alexander

Simran Sandhu

Maria Norris

Greg Long

Notice of Motion from Councillor Kelly dated 3 September 2018

Council has recently been considering the creation of new Heritage Conservation Areas (HCA). The residents who are in favour of the method and timing of the application of HCA are in the minority.

In recent times, HCA have caused the most resident unrest of any other contentious issue. The fact that if the residents take legal action to resist an HCA or appeal to the Land & Environment Court, the council will defend their position using residents’ funds is a travesty.

With the exception of Interim Heritage Orders, I believe the application of HCA in Ku-ring-gai be deferred until a review of how heritage is assessed and applied be conducted with a report returned to Council no later than March 2019. Interim Heritage Orders can run their course and lapse at the end of their term.

I move:

That with the exception of Interim Heritage Orders (which lapse on completion of their term), steps to create Heritage Conservation Areas (HCA) in Ku-ring-gai be deferred whilst a full review of the process and a report to be returned to Council no later than 29 March 2019. The details of the review to be formulated and presented to Council at the next OMC

Resolved:

(Moved: Councillors Kelly/Clarke)

That the above Notice of Motion as printed be adopted.

For the Resolution: Councillors Spencer and Kelly

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

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

The Meeting closed at 8:28pm

The Minutes of the Ordinary Meeting of Council held on 11 September 2018 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 25 September 2018.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 25 September 2018	GB.1 / 18

Item GB.1	S03662
	5 September 2018

Election of Deputy Mayor for the 2018 - 2019 Term

EXECUTIVE SUMMARY

purpose of report:	To elect the Deputy Mayor for the 2018-2019 term.

background:	Section 231 of the Local Government Act 1993 (the Act) empowers Councillors to elect a Deputy Mayor. The Deputy Mayor may be elected for the same term as the Mayor or for a shorter period. Traditionally, Ku-ring-gai Council has elected a Deputy Mayor for the same period as the Mayor. Recent amendments to section 230 the Act means that a Mayor elected by Councillors holds the office of Mayor for two (2) years. At its meeting on 21 September 2017, Council resolved to elect a Deputy Mayor for a one year term. It is customary that the same method of voting as is used for the election of the Mayor is used to elect the Deputy Mayor.

comments:	Nominations for the position of Deputy Mayor must be made in writing by two or more Councillors and must be accepted by the nominee in writing. If only one Councillor is nominated, that Councillor is elected. If more than one Councillor is nominated an election is held. Council is to resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting. It is customary at Ku-ring-gai Council to use the ordinary ballot method. Results of the election are to be declared to the Councillors at the meeting at which the election is held and delivered or sent to the Director-General and to the Secretary of Local Government New South Wales.

recommendation:	That Council elects the Deputy Mayor for the 2018-2019 Mayoral term using the ordinary ballot method.

Purpose of Report

To elect the Deputy Mayor for the 2018-2019 term.

Background

Section 231 of the Local Government Act 1993 (the Act) empowers Councillors to elect a Deputy Mayor. The Deputy Mayor may be elected for the same term as the Mayor or for a shorter period.

Traditionally, Ku-ring-gai Council has elected a Deputy Mayor for the same period as the Mayor. Recent amendments to section 230 the Act means that a Mayor elected by Councillors holds the office of Mayor for two (2) years.

At its meeting on 21 September 2017, Council resolved as follows:

Resolved:

(Moved: Councillors Szatow/Anderson)

That Council elects the Deputy Mayor for the 2017-2018 term using the ordinary ballot method.

CARRIED UNANIMOUSLY

The General Manager announced there were two (2) nominations for the position of Deputy Mayor.

Councillors Pettett and Clarke were nominated and accepted the nomination.

Two members of the public were invited to act as scrutineers for the elections:

G Hosier

P Wilkinson

The ballot resulted in five (5) votes each, the General Manager was required to draw by lot in accordance with Clause 12 of the Local Government (General) Regulation 2005.

Councillor Callum Clarke was duly elected to the position of Deputy Mayor for the 2017 – 2018 term.

Schedule 7 of the Local Government (General) Regulation 2005 (the Regulation) outlines requirements in relation to the conduct of the Mayoral elections (see Attachment A1). It is customary that the same method of voting as is used for the election of the Mayor is used to elect the Deputy Mayor.

Comments

The General Manager will be the returning officer for the election of Deputy Mayor.

In accordance with Schedule 7 of the Regulation, nominations for the position of Deputy Mayor must be made in writing by two or more Councillors (one of whom may be the nominee), and must be accepted by the nominee in writing. Nomination and acceptance forms have been distributed to all Councillors with the Business Papers and will also be available in the chamber at the meeting.

If only one Councillor is nominated, that Councillor is elected. If more than one Councillor is nominated an election is held. Council is to resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting, in accordance with the Regulation. A summary of each voting method is provided below. It is customary that the same method of voting as is used for the election of the Mayor is used to elect the Deputy Mayor.

Ordinary ballot method

In this type of election, each Councillor is required to cast one vote for the candidate of his or her choice via secret ballot. If there are more than two candidates, the candidate with the lowest number of votes is to be excluded and a further ballot takes place. If two or more candidates are tied on the lowest number of votes, the General Manager will conduct a draw of lots to determine the candidate to be eliminated (the one chosen by lot is eliminated). In the case of a tied vote for the final two candidates, the General Manager will conduct a draw of lots to determine the outcome – the one chosen by lot is elected Deputy Mayor.

Preferential system

In this system each Councillor is required to vote by listing the candidates in order of preference (1, 2, 3, etc.) via secret ballot. If no candidate receives an absolute majority of first preferences, then preferences are distributed until one candidate receives a majority.

Open voting method

This voting method follows the same principles as the ordinary ballot, except that voting is conducted by Councillors publically raising their hands for the candidate of their choice.

Results of the election, including the name of the Deputy Mayor, are to be declared to the Councillors at the meeting at which the election is held (by the returning officer) and delivered or sent to the Director-General and to the Secretary of the Local Government and Shires Association of New South Wales, in accordance with the Regulation.

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 and transparency.

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

Governance Matters

Section 231 of the Act empowers Councillors to elect a Deputy Mayor. The Deputy Mayor may be elected for the same term as the Mayor or a shorter period.

Schedule 7 of the Regulation outlines requirements in relation to the conduct of the Mayoral elections (see Attachment A1). It is customary that the same method of voting as is used for the election of the Mayor is used to elect the Deputy Mayor.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

Section 231 of the Local Government Act (the Act) empowers Councillors to elect a Deputy Mayor.

The Deputy Mayor may be elected for the same term as the Mayor or for a shorter period. Traditionally, Ku-ring-gai Council has elected a Deputy Mayor for the same period as the Mayor. Recent amendments to section 230 the Act means that a Mayor elected by Councillors holds the office of Mayor for two (2) years.

Schedule 7 of the Local Government (General) Regulation 2005 (the Regulation) outlines requirements in relation to the conduct of the Mayoral elections (see Attachment A1). It is customary that the same method of voting as is used for the election of the Mayor is used to elect the Deputy Mayor.

At its meeting on 21 September 2017, Council resolved to elect a Deputy Mayor for a one year term.

Nominations for the positions Mayor and Deputy Mayor must be made in writing by two or more Councillors and must be accepted by the nominee in writing. If only one Councillor is nominated, that Councillor is elected. If more than one Councillor is nominated an election is held. Council is to resolve whether the election is to proceed by preferential ballot, ordinary ballot or open voting. It is customary at Ku-ring-gai Council for Mayoral elections to use the ordinary ballot method.

Results of the election are to be declared to the Councillors at the meeting at which the election is held and delivered or sent to the Director-General and to the Secretary of Local Government New South Wales.

Recommendation:

That Council elects the Deputy Mayor for the 2018-2019 term using the ordinary ballot method.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

NSW Legislation - Local Government ( General ) Regulation 2005 487 - Schedule 7 - Election of mayor by councillors

2018/264815

Ordinary Meeting of Council - 25 September 2018	GB.2 / 23

Item GB.2	FY00259/11
	16 July 2018

Draft General and Special Purpose Financial Statements for the year ended 30 June 2018

EXECUTIVE SUMMARY

Purpose of report:	To present to Council the draft Financial Statements for the year ended 30 June 2018 for certification and referral to Council’s external auditor, the Audit Office of NSW and seek approval to carry over budgets to fund incomplete works at 30 June 2018.

background:	In accordance with Section 413(2)(C) of the Local Government Act 1993, Council must prepare a statement on the General & Special Purpose Financial Reports as to its opinion on the reports prior to formally referring them to the auditor. Analyses of the financial performance of the Council for the year ended 30 June 2018 are also provided in this report.

comments:	The Draft Financial Statements show an operating surplus of $32.5m including capital grants and contributions. If capital grants and contributions are excluded, the operating surplus is $5.6m and when considered with other financial indicators it demonstrates that Council is in a sound financial position.

recommendation:	That Council receive, certify and refer the draft Financial Statements for the year ended 30 June 2018 to Council’s external auditor, the Audit Office of NSW, and adopt the carry forward expenditure for the amount of $20.051m.

Purpose of Report

Background

The Draft General and Special Purpose Financial Statements for the year ended 30 June 2018 have been completed, audited and due to be finalised by Council’s external auditor, the Audit Office of NSW. These financial reports have also been endorsed by Council’s Audit and Risk Committee on 6 September 2018.

Comments

The endorsement of these statements is required before referral to audit to formalise the external audit of the Financial Statements. The Draft Financial Statements for the year ended 30 June 2018 are attached to this report (Attachment A1).

Annual Financial Statements Process

The process that Council must follow in the production, audit, adoption and the advertising of the Financial Statements is prescribed in detail by the Local Government Act 1993. The following timetable will allow these processes to be satisfied and for the Financial Statements to be adopted by Council.

Timeframe

Deliverable

25 September 2018

Ordinary Meeting of Council – 2017/18 Draft Financial Statements presented to Council seeking Council to resolve to certify the draft statements and formally refer them to the auditor (Section 413 - LG Act 1993).

26 September 2018

External Auditor’s Report - Auditor’s report anticipated to be received by Council and Financial Statements submitted to the Office of Local Government.

8 - 12 October 2017

Draft Financial Statements placed on public exhibition. Public advertising notifies that the Financial Statements are available for inspection at the Council Chambers, libraries and Council’s website. The advertisement also advises that the Financial Statements will be formally presented to Council on 16 October 2018 and submissions will be received until 23 October 2018. (Section 418, 420 – LG Act 1993)

16 October 2018

Ordinary Meeting of Council – Final adoption. Auditor’s report on the Financial Statements formally presented to Council. Council considers a response to any public submissions received to date on the Financial Statements.

23 October 2017

Closing date for public submissions on the Financial Statements. All submissions received must be referred to Council’s auditor for consideration (Section 420 – LG Act 1993).

The Draft Financial Statements for the year ended 30 June 2018 have been prepared in accordance with the Local Government Act 1993 (as amended) and Regulations made thereunder, the Australian Accounting Standards and professional pronouncements and the Local Government Code of Accounting Practice and Financial Reporting (Update No 26). The Draft Financial Statements comprise the following reports:

· General Purpose Financial Statements (independently audited)

· Special Purpose Financial Statements (independently audited)

· Special Schedules

Financial Performance and Position of Council as at 30 June 2018

The comments below provide highlights of Council’s financial performance during 2017/18 and position as at 30 June 2018. It must be noted that, even though external auditors have audited the reports, the financial results for 2017/18 are still draft and are subject to final audit opinion. Attachment A1 to this report includes the Draft Financial Statements for the year ended 30 June 2018.

A summary of the financial results from the Draft Financial Statements is presented below:

RESULTS FOR THE YEAR

Operating Result

Council’s net operating result for the 2017/18 financial year is disclosed in the Income Statement. Council’s operating result is strong. For the financial year ended 30 June 2018 Council had an operating surplus excluding revenue from capital grants and contributions of $5.6m compared to $18.8 m in the previous year (2016/17). This decrease is mainly due to the variation in the fair value increment of Council’s Investment property from property valuation and other increases in materials and contractors.

The operating result after capital grants and contributions was $32.5m, with no major variation noted in comparison to the previous financial year ($33.13m).

The operating surplus means that Council’s revenue exceeds both the cost of running its day to day operations and the depreciation of its assets. This surplus is available for capital works.

The operating result (shown separately as including and excluding capital grants and contributions) for the last three financial years is provided in the chart below.

The table below sets out the results for the year by revenue and expenditure items and the extent (%) that each of these categories contributed to the total.

REVENUE ITEMS

During the 2017/18 financial year Council received $155m in income from Continuing Operations from the following sources:

Rates & Annual Charges

Rates and annual charges contributed $82.5m (53%) compared to $80.4m in 2016/17. Rates income, including special levies, increased by a total of 2.6% from the last financial which is in line with the increase in the rate peg and changes in supplementary valuations.

User Charges & Fees

User Charges and Fees totalled $20m (13%) compared to $19m in 2016/17, an increase of 7%. This category of income mainly includes regulatory/statutory fees and community facilities hire. The increase from 2016/17 financial year was due to additional income received from Council’s Fitness & Aquatic Centre (KFAC) and Gordon Golf Course, partially offset by additional expenditure.

Interest and Investment Revenue

A total of $5m (3%) compared to $4.6m in 2016/17 was received from Interest and Investment revenue. Council's investment portfolio performed strongly during the financial year due to an increased investment portfolio size and better than expected returns. Total Cash and Investments at the end of the financial year totalled $177m. Council’s total return of 2.94% p.a. for the financial year is considered strong given current conservative interest rates. Compared to original budget, the net return on investments at the end of June 2018 was favourable.

Other Revenue

Income from “Other Revenue“ totalled $11.2m (8%) compared to $12.1m in the previous year. Other revenue includes rental income, parking and other statutory fines and other type of income not included in fees and charges. The main decrease from last financial year is partially due to a one off settlement of an investment received in 2016/17. Rental income has been lower compared to previous year partially offset by higher parking fines.

Fair Value on Investment Property

Council performed a revaluation of its investment property (828 Pacific Highway, Gordon) at the end of the reporting period. This has resulted in an increase in the fair value of $541k compared to last year’s valuation.

Operating Grants and Contributions

During 2017/18 a total of $8.8m (6%) compared to $10.5m in 2016/17 was received in operating grants & contributions. This is a decrease of 16% on the previous financial year largely due to 4 instalments of the financial assistance grant (FAG) received during the year compared to 6 instalments in the year before ( two instalments being grant received in advance).

Capital Grants and Contributions

Grants and Contributions provided for Capital Purposes increased by 88% on the previous financial year with $26.9m received in 2017/18 compared to $14.3m received in 2016/17. This was largely due to increased developer contributions.

EXPENDITURE ITEMS

Total Operating Expenses for the financial year ended 30 June 2018 were $123m, compared to $117m in 2016/17, this is an increase of 4.5% on the previous financial year.

Employee Benefits and On-costs

Employee Costs were $39.8m compared to $38.2m in 2016/17, which is an increase of 4.2% on the previous financial year. Major variations relate to the award increase and a slight increase to workers compensation insurance and training costs. No other major variations noted.

Borrowing Costs

Borrowing Costs totalled $676k compared to $781k in 2016/17. The favourable variation was due to decreased borrowing liabilities compared to the year before.

Materials & Contracts

Materials & Contracts is the largest category of expenditure representing 36% of the total expenditure. A total of $44m compared to $40m in 2016/17 was spent on Materials and Contracts, an increase of 10% on the previous financial year. The principal component of this increase is within legal expenses and contractors, mainly in domestic waste collection costs and other contractors.

Depreciation and Amortisation

No major variation was noticed in the Depreciation & Amortisation expense category. The total Depreciation expense has risen by $431k or 2% on previous year from $19.7m in 2016/17 to

$20m in 2017/18, primarily due to additional assets recognised in the Infrastructure Assets class.

Other Expenses

Material expenditure items in this category include fire levies, electricity costs, insurance, street lighting, rental rebates and other expenses. Other Expenses increased by $1.5m or 9% compared to previous financial year, mainly due to increased costs for doubtful debts.

Net losses from the Disposal of Assets

Council recorded a net loss from disposal of assets of $63k, mainly due to demolition of a number of assets in the recreational facilities asset class and disposing of a number of duplicate assets identified as part of the buildings revaluation process. These assets were disposed from Council’s assets register during the financial year. Proceeds were also received from sale of property at Binalong Street, Roseville which partially offset the net loss.

Working capital

Working capital is a measure of Council’s liquidity and ability to meet its obligations as they fall due. It is one of the primary measures of the overall financial position of Council, which allows for unforeseen expenditure or reductions in revenue. Working capital represents Council’s net current assets, after deducting internal and external restrictions.

The available working capital at the end of the financial year stood at $4.9m, which is in line with the target identified in Council’s Annual Budget. This level of working capital highlights an adequate liquidity position with Council being able to meet its short term liabilities when they fall due.

Chart below provides a comparison of Council’s working capital for the last 3 financial years. The main decrease from the previous financial year is attributable to the number of the financial assistance grant (FAG) instalments received in 2016/17 compared to 2017/18. In 2016/17 Council received six instalments, with two instalments received in advance ($1.819m) being for the 2017/18 year.

Cash and InVESTMENTS

Cash and investments amounted to $177m at the end of the financial year as compared with $144m in 2016/17. A higher balance in cash and investments is partially due to additional developer contributions received.

Externally restricted Cash

Externally restricted cash and investments are restricted in their use by externally imposed

requirements and consisted of unexpended development contributions (Section 7.11), domestic waste management charges, unexpended grants and other special levies. At the end of the year the total amount of restricted funds was $139.7m.

Internally Restricted Cash

Internally restricted cash and investments include those funds the uses of which are only

restricted by resolution of Council to reflect future plans and identified program of works and are Council’s reserves. These reserves totalled $34.2m.

Unrestricted Cash and Investments are funds available for day to day operations of Council and amounted to $3.4m.

PERFORMANCE MEASUREMENT INDICATORS

The Statement of Performance Measurement (Note 24 of the Draft Financial Statements and Special Schedule 7) provide ratios used to assess various aspects of Council’s financial performance. These ratios have been prescribed by the Code of Accounting Practice for 2017/18. The Infrastructure assets ratios listed in “Special Schedule 7 - Report on Infrastructure Assets” are Building & Infrastructure Renewal Ratio, Infrastructure Backlog Ratio, Asset Maintenance Ratio and Cost to bring assets to agreed service level. All financial ratios with the exception of two Infrastructure assets ratios (backlog ratio and infrastructure renewals ratio) have achieved or outperformed identified benchmarks.

The results of the financial indicators, including asset ratios, providing previous three year comparisons are detailed in the table below.

Operating Performance Ratio

This ratio measures Council’s achievement of containing operating expenditure within operating revenue. It is important to distinguish that this ratio is focussing on operating performance and hence capital grants and contributions, fair value adjustments and reversal of revaluation decrements are excluded. The benchmark is greater than (0%).

Council performance ratio of 4.01% is above the benchmark which means that Council can easily contain operating expenditure (excluding capital grants and contributions) within its operating revenue. The ratio has been above benchmark for the last three years. The decrease from previous year is largely due to lower operating revenue and higher expenditure.

Own Source Operating Revenue

This ratio measures fiscal flexibility. It is the degree of reliance on external funding sources such as operating grants and contributions. Council’s financial flexibility improves the higher the level of its own source revenue. The benchmark is greater than 60%.

Council’s Own Source Operating Revenue Ratio (76.97%) has remained above the benchmark of (>60%) in the last four years. Council has sufficient level of fiscal flexibility, in the event of being faced with unforeseen events.

Unrestricted Current Ratio

The Unrestricted Current Ratio is designed to represent Council’s ability to meet short term obligations as they fall due. The benchmark is greater than 1.5x.

Council’s Unrestricted Current Ratio at 3.05x is above benchmark of >1.5x and has been outperforming benchmark for the last three years. Council’s liquidity is good and it can readily pay its debts as they fall due.

Debt Service Cover Ratio

This ratio measures the availability of operating cash to service debt including interest, principal and lease payments. The benchmark is greater than 2x.

The Debt Service Cover Ratio of 13.96x has slightly increased from previous years and is above the benchmark of 2x, mainly due to decreased principal and interest repayments during the financial year.

Rates, Annual Charges, Interest & Extra Outstanding Percentage

The purpose of this ratio is to assess the impact of uncollected rates and annual charges on liquidity and the adequacy of recovery efforts.

The percentage of rates and annual charges that are unpaid at the end of the financial year is a measure of how well Council is managing debt recovery. Council’s ratio of 2.96% is satisfactory and is better than benchmark of less than 5%.

Cash Expense Cover Ratio

This liquidity ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow.

Council’s Cash Expense Cover Ratio (16.7 months) is satisfactory and above benchmark of greater than 3 months.

INFRASTRUCTURE ASSETS RATIOS

Building and Infrastructure Renewal Expenditure

This indicator assesses Council’s rate at which buildings and infrastructure assets are being renewed against the rate at which they are depreciating.

A ratio of 61% indicates that the amount spent on asset renewals is lower than the amount of depreciation on Infrastructure Assets. The renewal ratio did not achieve benchmark mainly due to incomplete projects at the end of financial year that have been carried forward to next financial year.

Infrastructure Backlog Ratio

This ratio shows what proportion of the backlog is against the total value of Council’s infrastructure. Council achieved a backlog ratio of 3% at the end of 2017/18, which is an improvement from the previous year. The ratio indicates that Council still has an infrastructure backlog. Council is continuing to focus on appropriate asset standards for renewal and decreasing the infrastructure backlog in future.

Asset Maintenance Ratio

This ratio compares actual versus required annual asset maintenance. A ratio of 115%

indicates that Council is investing enough funds within the year to ensure assets reach their useful lives. The benchmark is greater than 100%.

Council is committed to continue to increase expenditure on asset maintenance in future to maintain its infrastructure assets in satisfactory condition in the long term.

Cost to agreed level of service

The cost to bring to level of service is an estimate of the cost to renew existing assets that have reached the condition based intervention level. The proportion of outstanding renewal works compared to the total value of Council’s infrastructure assets was 6% as at end of 2017/18.

OTHER SIGNIFICANT accounting treatments and Adjustments

Revaluation of Buildings and Operational Land

The Code of accounting practice prescribes that revaluations of assets should be made with sufficient regularity to ensure that the carrying amount of the assets does not differ materially from their fair value at the statement of financial position date.

Council’s assets are revalued regularly with a comprehensive valuation completed every five years. In 2017/18 Council was required to revalue Buildings and Operational Land. A registered valuer, Scott Fullarton Valuation Pty Ltd, was engaged to value these classes of assets. As a result of these revaluations a net increase in fair value was recorded for both buildings and operational land. The net increment to the assets revaluation reserves as a result of the revaluation was $105m and disclosed in Note 10 Infrastructure, Property, Plant & Equipment.

As part of the revaluation process, an audit and inspection of the assets within the asset class was also undertaken and a few anomalies identified which have been rectified and adjusted to the assets revaluation reserves as prior period adjustments. These adjustments were mainly for Council assets not previously recorded in the assets register and duplicate assets that required removal from the assets register.

Crown Land

Council identified a number of Crown land reserves which are under Council’s care, control and management. While ownership of these reserves remains with the Crown, Council retains operational control of the reserves and is responsible for their maintenance and use in accordance with the specific purposes to which the reserves are dedicated. As a result, Council recognised these assets in the Community Land asset register during this reporting period. These assets amount to a value of $72m and are recorded in Note 10 Infrastructure, Property, and Plant & Equipment.

With the implementation of the Crown Land Amendment Act 2016, which came into effect on 1 July 2018, Council is currently in the process of reviewing and reconciling the Schedule of Crown Reserves provided by the Department of Industry. Once this process is completed, further adjustments may be required to bring other Crown land assets into Council’s Community Land asset register.

Land under Roads

Council constructed a new road in 2016 on two parcels of operational land (Beans Farm Road, Gordon). This asset is classified as Land under Road and has been recognised in Council’s assets register in accordance with AASB 116 – Property, Plant and Equipment. The two parcels of Operational land have been transferred to Land under Road and revalued accordingly. This was adjusted to the assets revaluation reserves as prior period adjustment.

BUDGETARY POSITION AS AT 30 JUNE 2018

The section below analyses Council’s overall financial performance against revised budget for the year ended 30 June 2018.

The operating result including capital items for the 2017/18 financial year was a surplus of $32.5m compared to a revised budgeted surplus of $20.3m resulting in a positive variance of $12.2m. The main favourable variations to the operating result were attributable to two instalments of FAG grant received in advance for 2018/19, interest on investments due to larger investment portfolio and better than anticipated returns and savings in employee costs partly offset by agency costs. More details are listed in the tables provided below.

Capital & Operational Projects

Actual expenditure for capital and operational projects for the period ending 30 June 2018 is $31.2m against the annual revised budget of $50m, resulting in a variance of $18.8m. The variance is largely due to additional grants received and incomplete projects of $20m which are proposed to be carried forward. Budgets adopted for some projects had not been fully spent as at 30 June 2018 and accordingly are requested to be carried forward into the current financial year.

Details of Operational & Capital projects and projects proposed to be carried forward to 2017/18 are provided further in this report.

Major Budget Variations

The table below provides comments for major budget variations in Operational budget and reserve movements after allowing for proposed carried forward expenditure.

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as at end of June 2018 was $177.4m. Closing balances of Council’s reserves as at end of June are provided below.

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 30 June 2018 is $31.2m against the annual revised budget of $50m, resulting in a variance of $18.8m. The variance is largely due to incomplete projects which are proposed to be carried forward. The total overrun on operational and capital projects is $1.8m, however, after taking into account additional income and applying savings from other projects the overrun is reduced to $347k.

The Proposed Carried Forward Expenditure from 2017/18 is detailed in Attachment A2

The table and chart below show the annual actual projects expenditure against annual revised budget for the year ended 30 June 2018.

Proposed carried forward to 2018/19

Attachment A2 lists projects which were included in the 2017/2018 budget. Budgets voted for some works had not been fully spent as at 30 June 2018 and accordingly are requested to be carried forward into the current financial year. The total requested carried forward works is $20.051m.

The carry over budgets are funded from the following sources:

It is now proposed to seek approval to carry over budgets to fund the incomplete works at 30 June

2018. A detailed summary of all carried forward projects can be found in Attachment A2.

The chart below provides historical carried forward expenditure from 2009/10 to the proposed 2017/18.

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.

L2.1.2 Council’s financial services provide accurate, timely, open and honest advice to the community.

Manages financial performance to achieve targets as defined in the Long Term Financial Plan.

Governance Matters

In accordance with Section 413(2)(C) of the Local Government Act 1993, Council must prepare a statement on the General & Special Purpose Financial Reports as to its opinion on the reports prior to referring them to audit.

The draft Financial Statements for the year ended 30 June 2018 have been prepared in accordance with the Local Government Act 1993 (as amended) and Regulations made thereunder, the Australian Accounting Standards and professional pronouncements and the Local Government Code of Accounting Practice and Financial Reporting.

It should be noted that the Financial Statements are presented to Council in draft form at this stage. These draft Financial Statements are required to be audited in accordance with Sections 415, 416 and 417 of the Local Government Act 1993. Upon finalisation of the audit, the Financial Statements and the audit report will be presented to Council in accordance with Sections 418 and 419 of the Local Government Act 1993. It is intended that the public meeting will be conducted at the Ordinary Meeting of Council on 16 October 2018. A representative from Council’s external auditor will be present at the public meeting.

Risk Management

Council is financially sound which positions it well to deal with unforeseen events as they arise.

The Financial Statements are audited by the external auditors who, amongst other things, form an opinion on the Financial Statements whether:

· the Council’s accounting records have been kept in accordance with the requirements of the Local Government Act 1993, Chapter 13 part 3 Division 2; and

· the Financial Statements:

o have been presented in accordance with the requirements of this Division;

o are consistent with the Council’s accounting records;

o present fairly the Council’s financial position, the results of its operations and its cash flows; and

o are in accordance with applicable Accounting Standards and other mandatory professional reporting requirements in Australia.

· all information relevant to the conduct of the audit has been obtained; and

· there are no material deficiencies in the accounting records or financial statements that the auditors have become aware of during the course of the audit.

Financial Considerations

Council has achieved a sound financial result for 2017/18. Council’s net operating result for the financial year ended 30 June 2018 is a surplus of $32.5m including Grants and Contributions for capital purposes. After adjusting for Capital Grants and Contributions, the net operating result was $5.6m.

The available working capital at the end of the financial year was $4.9m, which is in line with the target identified in Council’s annual budget.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

The draft Financial Statements for the year ended 30 June 2018 were referred to the Audit & Risk Committee on 6 September 2018 for review and were endorsed.

The draft Financial Statements will be on public exhibition from 8 October 2018. The Financial Statements will be formally presented to Council on 16 October 2018. Submissions from the public will be received until 23 October 2018 and any comments received will be referred to the external auditor.

Internal Consultation

All departments have been consulted on the end of year financial results for 2017/18.

Summary

The purpose of this report is to present to Council the draft Financial Statements for the year ended 30 June 2018 for certification and referral to Council’s external auditor, UHY Haines Norton Chartered Accountants.

The draft Financial Statements have been prepared in accordance with:

· Local Government Act 1993 (as amended) and Regulations made thereunder

· The Australian Accounting Standards and professional pronouncements

· Local Government Code of Accounting Practice and Financial Reporting

On 16 October 2018 the audited financial reports, together with the auditor’s reports, will be formally presented to Council at which time Council’s auditor will be present to answer questions in relation to their audit report.

Recommendation:

A. That Council receive and certify the Draft Financial Statements for the year ended 30 June 2018.

B. That the Draft Financial Statements be referred to Council’s external auditor, the Audit Office of NSW to provide an opinion on the draft Financial Statements ended 30 June 2018 and to report to Council.

C. That the Draft Financial Statements ended 30 June 2018 be certified by the Mayor, Deputy Mayor or one other Councillor, the General Manager and the Responsible Accounting Officer in accordance with Section 413(2)(C) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.

D. That 16 October 2018 be fixed as the date for the public meeting to present the audited Financial Statements and the audit reports for the year ended 30 June 2018 as required by Section 419 of the Local Government Act 1993, and that Council’s external auditor be present to answer questions.

E. That Council adopt carry over expenditure of $20.051m to be carried forward to the 2018/19 financial year, as listed in Attachment A2.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:	A1	Draft General and Special Purpose Financial Statements for the year ended 30 June 2018		2018/280338
	A2	Proposed Carried forward Expenditure 2017 / 2018		2018/248308

Ordinary Meeting of Council - 25 September 2018	GB.3 / 42

Item GB.3	FY00623
	13 September 2018

Investment Report as at 31 August 2018

EXECUTIVE SUMMARY

purpose of report:	To present Council’s investment portfolio performance for August 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 August 2018 was $930,000 against a budget of $690,000 giving a YTD favourable variance of $240,000.

recommendation:	That the summary of investments performance for August 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 August 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 August 2018 was $930,000 against a budget of $690,000 giving a YTD favourable variance of $240,000. The budget on interest income will be reviewed and adjusted as part of the September Quarterly Budget Review.

The total return on investments for the month of August 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 August 2018 was $190,674,000 compared to $177,531,000 at the beginning of the month, a net cash inflow of $13,143,000. The inflow was mainly due to the first instalment of rates income and developer contributions.

Two investments have matured during the month. Nine new investments were made in August 2018.

Investment Performance against Industry Benchmark

Overall during the month of August the investment performance was well above the industry benchmark. 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 August 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 2018/2019 is $4,066,800. Of this amount approximately $2,880,500 is restricted for the benefit of future expenditure relating to development contributions, $485,500 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $700,800 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 31 August 2018:

· Council’s total cash and investment portfolio is $190,674,000.

· The net return on investments for the financial year to August 2018 was $930,000 against a budget of $690,000, giving a YTD favourable variance of $240,000.

Recommendation:

A. That the summary of investments and performance for August 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 - 25 September 2018	GB.4 / 50

Item GB.4	S10119

Extension of Flood Lights at Golden Jubilee (Front Field) for Friday Night Competition - Post Trial Season Report

EXECUTIVE SUMMARY

purpose of report:	Following the trial season and further consultation, approval from Council is sought to permanently amend the Sports Facilities Plan of Management for the Ku-ring-gai Stealers Baseball Club at Golden Jubilee (Front Field).

background:	On 22 August 2017, Council adopted the amendment of the Sports Facilities Plan of Management to permit the Ku-ring-gai Stealers Baseball Club to trial floodlights until 10.30pm only on Friday nights at Golden Jubilee (Front Field) for the summer season from September 2017 to March 2018. It was resolved that a review to be taken at the close of 2017/18 summer season to evaluate the trial lighting extension including community consultation.

comments:	In 2017/18 summer season, Ku-ring-gai Stealers Baseball Club was able to host 18 Friday night competitions between 6.00pm – 10.30pm which allowed two senior games to take place. Previously, it was not possible to play two senior games either concurrently due to the safety issues or consecutively due to the limiting floodlights until 9.30pm.

recommendation:	That Council approves the amendment for the trial to become a permanent allocation to the Sports Facilities Plan of Management.

Purpose of Report

Background

The Ku-ring-gai Stealers Baseball Club celebrated their 40^th anniversary in 2017. It is a 500 member strong club providing the opportunity for children and adults to play the games of Baseball and Softball. In particular, the Ku-ring-gai Stealers Baseball Club has a strong player base within the Ryde Hawks Baseball League (RHBL) and fields teams in the Friday night U12, U14 and U16 division 1 summer competition every year.

The issue faced by the Ku-ring-gai Stealers Baseball Club is that because the teams within the RHBL boundary extend from Five Dock to Silverwater, Cherrybrook to Wahroonga, the travel times for teams getting to play baseball at Golden Jubilee on a Friday night varies greatly and on occasions, teams can arrive just before or later than the 6:00pm start time. As it is imperative that players at this level warm up, the games are delayed and impact on the start time of the following game at 7:30pm which in turn places pressure on this game finishing by 9:30pm when the floodlights are scheduled to deactivate.

The Ku-ring-gai Stealers Baseball Club endeavours to not schedule two senior games at once on Golden Jubilee Front Field. Playing senior games concurrently at either end of Golden Jubilee front field creates a safety issue because of the distance that players hit the ball. The Ku-ring-gai Stealers Baseball Club cannot run two senior games consecutively due to the current Sports Facilities Plan of Management limiting floodlights until 9:30pm and as a result the club has teams playing home games at other grounds outside the LGA.

The current Sports Facilities Plan of Management was adopted on 20 April 2010 and was amended on 15 December 2015. The current plan allows floodlit access for organised sports training until 9:30pm (9:40pm for pack up) Monday to Friday at all floodlit sportsgrounds with the exception of the St Ives Showground which is until 10:00pm (10:10pm for pack up).

At the Ordinary Meeting of Council on 13 June 2017, Council approved the placing on public exhibition of a proposal to amend the Sports Facilities Plan of Management to permit the Ku-ring-gai Stealers Baseball Club to trial floodlights until 10.30pm only on Friday nights at Golden Jubilee (Front Field) for the summer season from September 2017 to March 2018.

On 22 August 2017, Council adopted the amendment of the Sports Facilities Plan of Management to permit the Ku-ring-gai Stealers Baseball Club to trial floodlights until 10.30pm only on Friday nights at Golden Jubilee (Front Field) for the summer season from September 2017 to March 2018.

It was resolved that a review to be taken at the close of 2017/18 summer season to evaluate the trial lighting extension including community consultation.

Comments

In 2017/18 summer season, Ku-ring-gai Stealers Baseball Club was able to host 18 Friday night competitions between 6.00pm – 10.30pm which allowed two senior games to take place instead of one. The trial amendment has enabled the club to facilitate an additional 18 competition games across the season. These games would normally have been played outside of the LGA requiring local players and spectators to travel some distance on Friday evenings. Instead, the additional hour of use on Fridays enables localised competition for players and the community.

The review of the draft amendment to the Sports Facilities Plan of Management which trialled the lighting extension was publically exhibited from Tuesday, 14 August 2018 to Monday, 10 September 2018. 71 local residents to Golden Jubilee Oval in Esk Street, Westbrook Avenue and Huon Street, Wahroonga were sent a notification letter of which one (1) resident has objected to the floodlight extension. Refer to Attachment A1.

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: A community that embraces healthier lifestyle choices and practices.	C4.1.1: A range of cultural, recreational and leisure facilities and activities are available to encourage social interaction and stimulate everyday wellbeing.	C4.1.1.2: Deliver and support programs and event that improve the wellbeing of the community.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

C4.1.1.2: Deliver and support programs and event that improve the wellbeing of the community.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P6.1: Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.	P6.1.1: A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.	P61.1.1: Progressively review and update Community Plans of Management.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P6.1: Recreation, sporting and leisure facilities are available to meet the community’s diverse and changing needs.

P6.1.1: A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.

P61.1.1: Progressively review and update Community Plans of Management.

Governance Matters

Under the Local Government Act 1993, Section 41 Amendment of plans of management: A Council may amend a Plan of Management adopted under this Division by means only of a Plan of Management so adopted.

Risk Management

If the permanent amendment to the Sports Facilities Plan of Management is not attained, it places a significant risk to the Ku-ring-gai Stealers Baseball Club to facilitate games on Friday nights in the summer competition.

There is the possibility that the floodlight extension on Fridays at Golden Jubilee for the Ku-ring-gai Stealers Baseball Club may attract additional amendment requests from other sportsground users. It should be noted that since the Sports Facilities Plan of Management was adopted in 2010 there have been no requests to extend floodlights at any Council sporting facility. The request from the Ku-ring-gai Stealers Baseball Club is very specific to the facility, club and competition.

Financial Considerations

No financial considerations.

Social Considerations

Golden Jubilee is a popular location for both organised sport and the local community. The addition of floodlights at both fields allows greater use of these facilities for on-field sporting activities and informal community activities such as walking or running.

Prior to the public exhibition period before the trial was adopted, the Ku-ring-gai Stealers Baseball Club visited 100 homes within close proximity to Golden Jubilee requesting a response to a survey they had conducted. This early engagement is representative of their social consideration of the local residents and their imprint on the facility and what possible impact(s) this has.

The response from the three (3) local residents (consultation prior to the trial being adopted) and one (1) local resident (consultation post trial of 2017/18 summer season) share the opinion that the addition of an extra hour of lights to 10.30pm will extend the issue surrounding traffic and noise generated from Golden Jubilee. If the amendment is adopted, the Ku-ring-gai Stealers Baseball Club will need to be mindful of this social impact and manage traffic and noise accordingly.

Environmental Considerations

There are no environmental considerations applicable to the extension of the floodlights at Golden Jubilee front field.

Community Consultation

The draft amendment to the Sports Facilities Plan of Management was publically exhibited from Wednesday, 5 July 2017 to Wednesday, 2 August 2017. 74 local residents to Golden Jubilee Oval in Esk Street, Westbrook Avenue and Huon Street, Wahroonga were sent a notification letter of which three (3) residents have objected to the floodlight extension. Refer to Confidential Attachment A2.

As per the resolution on 22 August 2017, a review to evaluate the trial lighting extension including community consultation from Tuesday, 14 August 2018 to Monday, 10 September 2018 has taken place. Notification letters requesting comments were sent to 71 local residents to Golden Jubilee Oval in Esk Street, Westbrook Avenue and Huon Street, Wahroonga of which one (1) resident has objected to making the amendment permanent and requesting the time to be reverted to 9.30pm as per the current Sports Facilities Plan of Management.

Internal Consultation

Consultation has been undertaken with the Strategy, Operations and Community directorates specifically for this draft amendment to the Sports Facilities Plan of Management.

Summary

It was resolved that a review to be taken at the close of 2017/18 summer season to evaluate the trial lighting extension including community consultation.

With the specific demands that apply to the Ku-ring-gai Stealers Baseball Club and Friday night competition at Golden Jubilee during the summer season, the club is seeking a resolution from Council for the amendment for the trial to become a permanent allocation to the Sports Facilities Plan of Management.

The permanent extension of time from 9.30pm to 10.30pm (10.40pm with pack up), will allow two senior games to be played and will avoid the current timing limitations that are placed on the club and having to be play games outside of the LGA.

Recommendation:

A. That Council approves the amendment for the trial to become a permanent allocation to the Sports Facilities Plan of Management.

B. That Council notify all residents that made a submission.

Guy Thomas

Acting Open Space, Sports & Recreation Planner

Ian Dreghorn

Manager Strategic Projects

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Golden Jubilee Oval - Review of Trial Lighting Extension		Confidential
	A2	OMC 28/08/2017 - Notification letter and submissions		Confidential

Ordinary Meeting of Council - 25 September 2018	GB.5 / 55

Item GB.5	S10840

Lindfield Village Green Heads of Agreement with TfNSW update

EXECUTIVE SUMMARY

purpose of report:	To inform Council of updated terms proposed by TfNSW for the Lindfield Village Green Heads of Agreement (HoA).

background:	The Lindfield Village Green (LVG) project converts an at-grade carpark to an underground carpark creating a new “Village Green” for Lindfield. A Development Application (DA) for a three level basement with 2 x elevators was approved by the Sydney North Planning Panel on 1 August 2018. At its meeting of 28 August 2018, Council resolved: “That Council approves the HoA (Attachment A1) and that the General Manager or his delegate be authorised to continue financial negotiations with TfNSW with a view to finalising an Agreement for Lease (including capital funding) for the delivery of commuter car spaces on the LVG site.”

comments:	TfNSW have requested two (2) minor changes to the HoA before they counter sign.

recommendation:	That Council approves the (revised) HoA (Attachment A1) and that the General Manager or his delegate be authorised to continue financial negotiations with TfNSW with a view to finalising an Agreement for Lease (including capital funding) for the delivery of commuter car spaces on the LVG site.

Purpose of Report

To inform Council of updated terms proposed by TfNSW for the Lindfield Village Green Heads of Agreement (HoA).

Background

The Lindfield Village Green (LVG) project converts an at-grade carpark to an underground carpark creating a new “Village Green” for Lindfield.

Development approval for a two level basement design was granted on 17 October 2017 by the Sydney North Planning Panel.

At its meeting of 28 August 2018, Council resolved:

“That Council approves the HoA (Attachment A1) and that the General Manager or his delegate be authorised to continue financial negotiations with TfNSW with a view to finalising an Agreement for Lease (including capital funding) for the delivery of commuter car spaces on the LVG site.”

Council staff forwarded a signed copy of the (Council approved) HoA to TfNSW but they have requested two (2) minor changes before counter signing.

Comments

TfNSW have requested two (2) minor changes to the HoA which were not previously communicated.

From TfNSW;

‘Clause 35 relating to TfNSW’s wayfinding signage requirements. As the Wayfinding requirements are minor in scope and value (likely requiring approx. 5 signs), it would be appreciative to include this scope for Council delivery. This will assist to seamlessly co-ordinate the process of any project integration aspects with the broader systems and interfaces – particularly within the car park/entrance itself.’

The proposed changes are as follows;

35. KMC will ~~provide appropriate opportunities for TfNSW to~~ install the required TfNSW ~~its customised~~ wayfinding signage and commuter car parking space availability signage at appropriate locations.

And;

38. KMC and/or its designated third party operator will not be responsible for the operation and maintenance – including life cycle maintenance or capital repairs - of the TfNSW Opal ~~such~~ technology system ~~or infrastructure~~.

integrated planning and reporting

Places, Spaces and Infrastructure – P4 Revitalisation of our centre

Community, People and Culture – C4 Healthy lifestyles

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
A range of well planned, clean and safe neighbourhoods and public spaces designed with a strong sense of identity and place.	P4. 1.1 Plans to revitalise local centre are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community	Implement a place management approach for the local centre improvements to co-ordinate works and achieve quality outcomes.
	P4. 1.4 An improvement plan for Lindfield centre is being progressively implemented in collaboration with owners, businesses and state agencies	Engage with relevant stakeholders to establish timing, extent and partnership opportunities. Undertake due diligence and undertake project scope. Identify and engage with the key stakeholders.
A healthy, safe and diverse community that respects our history and celebrates our differences in a vibrant culture of learning.	C4. 1.2 New and enhanced open space and recreational facilities have been delivered to increase community use and enjoyment.	Undertake acquisitions for new parks. Undertake assessment and identify locations for new parks. Complete the design for identified parks and include design principles which facilitate passive recreation activities. Construct parks at identified locations and include design principles which facilitate passive recreation activities.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4. 1.1

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

Implement a place management approach for the local centre improvements to co-ordinate works and achieve quality outcomes.

P4. 1.4

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

Engage with relevant stakeholders to establish timing, extent and partnership opportunities.

Undertake due diligence and undertake project scope.

Identify and engage with the key stakeholders.

A healthy, safe and diverse community that respects our history and celebrates our differences in a vibrant culture of learning.

C4. 1.2

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

Undertake acquisitions for new parks.

Undertake assessment and identify locations for new parks.

Complete the design for identified parks and include design principles which facilitate passive recreation activities.

Construct parks at identified locations and include design principles which facilitate passive recreation activities.

Governance Matters

This project has been reported extensively to Council with a total of fifteen (16) reports to Council since 2013. The reports have addressed a broad range of matters including open space planning, project definition, project scope and budget, tenders, community engagement and concept plans and compulsory acquisition. The reports are as follows:

1. Ordinary Meeting of Council 28 August 2018 – Lindfield Village Green Heads of Agreement with TfNSW

2. Ordinary Meeting of Council 08 May 2018 – GB.11 - Lindfield Village Green

3. Ordinary Meeting of Council 14 November 2017 – GB.7 - Lindfield Village Green

4. Ordinary Meeting of Council 28 February 2017 – Mayoral Minute - Lindfield Village Green additional basement level

5. Ordinary Meeting of Council 23 August 2016 - GB.5 - Lindfield Village Green – Final Concept Design

6. Ordinary Meeting of Council 10 May 2016 - GB.5 - Lindfield Village Green - Design Services - Request for Tender No. 07-2016

7. Ordinary Meeting of Council 10 November 2015 - GB.9 – Lindfield Local Centre – Commuter Car Parking

8. Ordinary Meeting of Council 23 June 2015 - GB.5 – Lindfield Village Green Preferred Concept Design

9. Ordinary Meeting of Council 21 April 2015 - GB.5 – Compulsory Acquisition of Roads

10. Ordinary Meeting of Council 31 March 2015 - GB.7 - Update Report on the Development Contributions System

11. Ordinary Meeting of Council 28 October 2014 - GB.10 – Lindfield Village Green – Selection of Preferred Tenderers T17/2014

12. Ordinary Meeting of Council 9 September 2014 - GB.5 – Lindfield Village Green – Confirmation of Preliminary Scope of Works, Project Budget and Program

13. Ordinary Meeting of Council 7 October 2014 - GB.8 - Update Report on the Development Contributions System

14. Ordinary Meeting of Council 4 April 2014 - GB.11 - Update Report on the Development Contributions System

15. Ordinary Meeting of Council 10 December 2013 - GB.19 - Lindfield Village Green - Tryon Road - Project Update

16. Ordinary Meeting of Council 13 August 2013 - GB.6 - Update Report on the Development Contributions System

Risk Management

Council has been acting in good faith with TfNSW by including commuter car parking in the design, and carrying all design and consultation costs to date.

Council’s Major Project Steering Committee is responsible for the HoA and its wording. Legal advice has also been sought to ensure there is minimal exposure of risk to Council from the HoA.

The HoA is a non-binding document and also contains ‘get out’ clauses for either or both parties should negotiations or the project (cost) become unreasonable for one or both to proceed.

It is proposed to have the funding from TfNSW agreed prior to Council entering into a construction contract. It is acknowledged that it would be better from Council’s perspective to have this agreement finalised now, however there are still too many uncertainties regarding the ultimate construction cost.

Any future agreement with TfNSW will be the subject of a separate report to Council.

Financial Considerations

This project is identified in Council’s Long Term Financial Plan and listed in Council’s Delivery Program 2018 – 2021. The Operational Plan 2018 – 2019 identifies funds in the Capital Works Program & Operational Projects 2015/2016, 2016/2017, 2017/2018, 2018/19 and 2019/2020. The current funding is generally from S94 contributions.

Social Considerations

The provision of additional community infrastructure, providing both outdoor and indoor community spaces will ensure that the Lindfield Village Green becomes a vibrant and popular place to live and recreate for all ages.

Environmental Considerations

While the conversion of the existing carpark into a ‘green’ open space has obvious environmental benefits, there are no other environmental issues arising from the HoA. All environmental impacts have been considered as part of the DA and are included within the approved documentation.

Community Consultation

Community engagement and consultation is an integral component of the ‘Activate Lindfield’ initiative and Lindfield Village Green project delivery. Multiple highly successful engagement activities have been undertaken since project inception in February 2014.

The community have had their opportunity to comment on the proposal through the DA notification and Section 96 processes.

Internal Consultation

Workshops with Council staff from Strategy and Environment, Operations, Development and Regulation, and Community Departments have been ongoing since inception of the project. The project has also been reported regularly to the Major Project Steering Committee and General Manager and Directors (GMD).

Summary

Council previously approved the HoA but TfNSW have requested two (2) minor changes before counter signing.

The Major Projects Steering Committee (MPSC) has reviewed the document and do not object to the changes.

Recommendation:

1. That Council approves the revised HoA (Attachment A1) and that the General Manager or his delegate be authorised to continue financial negotiations with TfNSW with a view to finalising an Agreement for Lease (including capital funding) for the delivery of commuter car spaces on the LVG site.

2. That delegation be granted to the General Manager or his delegate to make any minor administrative changes to the revised HoA that do not alter the overall intent in order to protect Council’s interests.

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:

HoA (revised 07.09.2018) for Council approval

2018/271880

Ordinary Meeting of Council - 25 September 2018	NM.1 / 59

Item NM.1	S11437