Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 16 October 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 confidential attachments to the following General Business reports:

GB.1 Marian Street Theatre Community Reference Committee

Attachment A1: Marian Street Theatre Reference Committee Nominations List

Attachment A2: Recommendations for Community Members for the MST Community Reference

The above attachments are considered confidential because they contain personnel matters concerning particular individuals (other than Councillors) (Section 10A(2)(a)).

GB.9 Finalisation of Planning Proposal for new and extended Heritage Conservation Areas in Wahroonga, Turramurra, Pymble and Gordon

Attachment A2: Confidential legal advice on resolutions

The above attachment is considered confidential because it contains advice concerning litigation (Section 10A(2)(g)).

GB.10 Ku-ring-gai Parking Management - Community Engagement Strategy

Attachment A1: Paid Parking Strategy

The above attachment is considered confidential because, if disclosed, prejudice the commercial position of the person who supplied it (Section 10A(2)(d)(i)) and confer a commercial advantage on a competitor of the Council (Section 10A(2)(d)(ii)).

GB.11 Lindfield Village Green RFT20-2018

Attachment A1: Tender Evaluation Report

The above attachment is considered confidential because, if disclosed, prejudice the commercial position of the person who supplied it (Section 10A(2)(d)(i)).

GB.12 Easement over Council land at Killara - residential apartment development at 4-8 Marian Street Killara

Attachment A3: Confidential Attachment A3 Valuation Report

The above attachments are considered confidential because they contain acquisition and/or disposal - confer a commercial advantage (Section 10A(2)(c)).

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 11

File: S02131

Meeting held 25 September 2018

Minutes numbered 289 to 301

minutes from the Mayor

MM.1 100th Anniversary of Wireless in Australia 23

File: S07510

I write to commend all those involved in commemorating the 100th anniversary of the first wireless transmission to Australia.

This momentous occasion took place on Saturday 22 September, marking exactly one hundred years when the then Prime Minister Billy Hughes sent the first wireless message from the hills of Wales all the way to a suburban home in Wahroonga owned by Ernest Fisk.

The significance of that first transmission cannot be over-estimated and signalled the beginning of a golden era of radio in Australia.

The message sent in the form of congratulations to Australian troops upon returning from battlefields was of the glorious valour of the Australian WWI troops who saved Amiens. My own grandfather was on that very battlefield at the time and many Ku-ring-gai residents today would share similar family histories.

It was set against a backdrop of families across Ku-ring-gai that had felt the shadow of war for four long years. Brothers, sisters, fathers, sons, mothers and daughters had served and sacrificed.

The personal losses that inevitably had followed the war were keenly felt in our local community at that time. On the date Prime Minister Hughes message was sent, the Armistice was still nearly two months away. The uplifting nature of his message was so vital for local residents’ morale.

The achievement of 22 September 1918 also eventually paved the way for the introduction of short wave radio. This was a cheaper and more effective version of the long wave transmission sent by Prime Minister Hughes – and it is loved by radio enthusiasts everywhere in the world even to this day.

On the day I joined the many dignitaries present including Paul Fletcher Federal MP for Bradfield, Alister Henskens State MP for Ku-ring-gai, Matt Kean NSW Minister for Small Business & Fair Trading and Natalie Ward MLC as well as Councillor Peter Kelly and Councillor Cedric Spencer.

Also present were members of the British Australian Association and members of the public who gathered at St Andrew’s Church Hall, corner of Cleveland and Stuart Streets Wahroonga outside ‘Luciana’, the former home of Mr. Fisk.

Marking the exact time of the original message a hundred years before, at 1.15pm a re-enactment took place with members of the Hornsby Ku-ring-gai Amateur Radio Club receiving the same Morse code message sent by Prime Minister Hughes, amplified for the crowd to hear.

The message was then deciphered and read by Paul Fletcher, who also acknowledged that Billy Hughes had been the first Member for Bradfield. Stirring renditions of the Welsh and Australian National Anthems of the era, God Save the King in our case, were led by the Ku-ring-gai Male Choir.

The crowd then walked to the Church Hall where I joined others in giving speeches to mark the occasion, including descendants of the Fisk family who gave an insight into Sir Ernest Fisk’s life and career in the Australian Wireless Association, including as Managing Director and Chairman of Amalgamated Wireless (Australasia) Ltd.

Fascinating displays of vintage wireless equipment were provided by the Hornsby & Districts Amateur Radio Club, Ku-ring-gai Historical Society and others.

The event attracted nearly 500 visitors and was live streamed via internet to a large audience.

I would like to thank and acknowledge the contribution of the Ku-ring-gai Historical Society – particularly Jo Harris – and the Hornsby & Districts Amateur Radio Club for organising the celebrations.

All involved should be congratulated on a fascinating, well organised and unique centenary event which commemorated a milestone in communications between Australia and the world.

MM.2 St Ives Medieval Faire 25

File: S09970/5

The purpose of this Mayoral Minute is to provide my Councillor colleagues and the community with an overview of this year’s St Ives Medieval Faire.

The 2018 Faire was quite possibly one of the most successful yet, in terms of organisation, attendance and audience participation.

It attracted visitors from overseas and interstate, and participants in the joust from Scandinavia, Russia and Europe.

It received substantial coverage before, during and after the event from major media organisations, including The Guardian, Sydney Morning Herald, Triple J, SBS, Channels 7 and 9 and the Daily Telegraph.

Now in its fifth year, the Faire has become one of the Council’s largest events and profiles St Ives Showground and its surroundings.

This is in line with the Council’s aim of establishing a tourism precinct around the Showground and Wildflower Garden through the creation of attractive and high-profile events.

Initial estimates suggest that over 15,000 people attended the Faire on Saturday 22 and Sunday 23 September.

Over 14,000 tickets were sold and in addition, more than 300 people purchased tickets for the ‘Royal Court Experience’ on top of their regular admission tickets.

Royal Court Experience participants were treated to an authentic medieval buffet including horse and carriage transfers, premium seating and excellent views of the main arena.

New attractions included a leather workshop, more working artisans with the inclusion of an ‘Artisans Alley’, the first female jouster – Lady Caroline of Sweden - appearing in the solid lance joust and guided walking tours of the historic village. The installation of two main stages instead of one allowed a much larger variety of music.

In addition a sensory tent staffed by the volunteers of ‘Including You’ was a welcome initiative to boost the event’s efforts to become truly inclusive. I was most pleased to see many at the Faire in wheelchairs and mobility scooters able to enjoy good accessibility.

I commend all those who took part in the event as volunteers, organisers and participants. The Faire has undoubtedly cemented its reputation as one of Australia’s leading historical re-enactment events.

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 Marian Street Theatre Community Reference Committee 27

File: S10577/3

To provide Council with recommendations for community representatives for the Marian Street Theatre Community Reference Committee.

Recommendation:

That Council amend the Terms of Reference for community membership of the MST Community Reference Committee from 4 to 6 members, and that Council adopt the 6 recommended applicants for the MST Community Reference Committee.

GB.2 Audited General and Special Purpose Financial Statements for the year ended 30 June 2018 33

File: FY00623

To present to Council the Annual Financial Statements for the year ended 30 June 2018 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2018.

Recommendation:

That Council receive the audited Financial Statements for the year ended 30 June 2018 and the auditor’s report from the Audit Office of NSW.

GB.3 Disclosures of Interest Returns Register 2017/2018 47

File: CY00440/6

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

Recommendation:

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

GB.4 Amendment to NSROC Constitution and Appointment of a Second Alternate Delegate 50

File: S03662

To appoint and second alternate delegate to NSROC as required by clause 5(ii) of the amended NSROC Constitution.

Recommendation:

That:

A. Council appoint a second alternate NSROC delegate to serve for the remainder of the 2017-2019 mayoral term;

B. The two alternate delegates take turns to accept opportunities to attend, starting with the existing alternate delegate; and

C. NSROC be informed of Council’s nominated representative.

GB.5 Delegation of Authority - Deputy Mayor - 2018 / 2019 Term 54

File: CY00259/10

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

Recommendation:

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

GB.6 Invitation to Streetwork Glam and Grunge Fundraising Event 57

File: CY00043/10

To inform Councillors of an invitation from StreetWork to attend their Glam and Grunge fundraising event that will be held on Friday, 2 November at Paddington Town Hall.

Recommendation:

That Council consider the invitation to purchase a corporate table for the 2018 StreetWork Glam and Grunge fundraising event.

GB.7 Draft Policy for Drone (Remotely Piloted Aircraft) Operations 60

File: CY00473/5

To consider the draft policy for use of Ku-ring-gai Council owned and/or managed drone (remotely piloted aircraft) technology.

Recommendation:

That Council place the draft policy for drone (remotely piloted aircraft) operations on public exhibition for 28 days and that a further report be presented to Council on completion of the exhibition period.

GB.8 Heritage Assessment of 149 Livingstone Avenue Pymble 66

File: S10066

To have Council consider the independent heritage assessment for 149 Livingstone Avenue, Pymble.

Recommendation:

That Council does not proceed with the process for the heritage listing of 149 Livingstone Avenue, Pymble.

GB.9 Finalisation of Planning Proposal for new and extended Heritage Conservation Areas in Wahroonga, Turramurra, Pymble and Gordon 68

File: S11437

For Council to make a determination in relation to the final composition of the Planning Proposal to include new and extended heritage conservation areas 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) to progress its finalisation.

Recommendation:

That Council formalises its position in relation to the following 6 draft HCA; Gilroy Road, Mahratta, Lanosa Estate, Fernwalk, West Pymble and Orinoco in order to finalise the planning proposal; and further that Council determines the process by which it wishes to finalise the Planning Proposal.

GB.10 Ku-ring-gai Parking Management - Community Engagement Strategy 68

File: S11858

To seek Council approval to exhibit the Ku-ring-gai Parking Management Strategy.

Recommendation:

That Council exhibits the Parking Management Strategy incorporating the paid parking principles as set out in this report.

GB.11 Lindfield Village Green RFT20-2018 68

File: RFT20-2018/R

To advise Council of the Tenders received for Tender No.20-2018 - Lindfield Village Green – Detailed Design and to seek approval to carry out the actions outlined in the recommendations A to E.

Recommendation:

In accordance with Clause 178 of the Local Government Tendering Regulations, it is recommended that Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

GB.12 Easement over Council land at Killara - residential apartment development at 4-8 Marian Street Killara 68

File: CY00066/10

To consider a report for the creation of an easement over Council land for stormwater drainage purposes required by the adjoining landowner at 4-8 Marian Street Killara.

Recommendation:

That Council approve of the creation of an easement on Council land on the terms set out in this report.

GB.13 Monthly Project Status Report
September 2018 68

File: FY00621

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

Recommendation:

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

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Mahratta Heritage Conservation Area 68

File: S11437

Notice of Motion from Councillors Smith, Anderson and Greenfield
dated 3 October 2018

The following motion of the Ordinary Meeting of Council of 12 June 2018 was lost:

That Council resolves to adopt the Planning Proposal to list the Mahratta Heritage Conservation Area as identified in Attachment A7 in schedule 15 and the heritage map of the Ku-ring-gai Local Environmental Plan 2015 and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

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

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

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

We, the undersigned, hereby move:

A. That Council adopts the Planning Proposal to list the Mahratta Heritage Conservation Area identified as 2 Fox Valley Road (also known as 1 Marshall Ave) to 16 Fox Valley Road, Wahroonga in Schedule 5 and the heritage map of the Ku-ring-gai Local Environmental Plan 2015.

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

Background

Mahratta Conservation Area - Wahroonga (C4 Extension)

The Mahratta Conservation area extension is recommended to proceed. The historic houses contribute to the understanding of Federation and Inter-war development of Fox Valley Road and provide important context to Mahratta.

The Mahratta Heritage Conservation Area is of historical and aesthetic significance for its largely intact fabric (houses, gardens, street layout) dating from the 1890s through to the inter war period into the 1940s. The area is of aesthetic significance as it encompasses the State Heritage Listed Mahratta built 1941 on the corner of the Pacific Highway and Fox Valley Road with its substantial gardens designed by Paul Sorenson; the State Heritage Listed Purulia house and garden designed by renowned architect William Hardy Wilson and built 1912-1913; the 1924 subdivision of Myall Avenue as a rare early cul-de-sac design, distinctive for its Inter war period housing and circular planting bed; the 1912 subdivision of the eastern end of Gilda Avenue, with its collection of Federation period to inter-war period housing.

The area is of historical significance as one of the earliest areas of housing development on the western side of the Pacific Highway at Wahroonga, encompassing the 1896 Brown’s Estate that covered a large portion of the area, the 1905 Marshall Estate (southern side of Fox Valley Road, the 1912 Warrawee View Estate (eastern end of Gilda Avenue) and the Myall Avenue (a sub-division of part of Toohey’s Estate). The 1943 aerial photo of the area shows the eastern end of Gilda Avenue with unified formal street tree plantings (likely brush box), indicating the influence of the Wahroonga Progress Association in the early 20th century. The area has associations with John Brown who owned and cleared a large portion of land to the north and south of Fox Valley Road and whose descendants subdivided and developed the land from 1896 onwards. The area also has associations with Thomas Hyndes who was granted a large parcel of land at Wahroonga in 1838 that he used for timber getting.

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 25 September 2018

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillor S Ngai (Roseville Ward)

Councillor M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

Acting General Manager (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Acting Director Community (Virginia Leafe)

Manager Finance (Angela Apostol)

Management Consultant (Craig Calder)

Manager Records & Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

Staff apologies

The Acting General Manager advised that the General Manager (John McKee) is on leave and Director Corporate (David Marshall) will be Acting General Manager.

The Acting General Manager advised that Director Community (Janice Bevan) is on leave and Manager Corporate Communications (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.

Councillor Ngai declared a significant non-pecuniary conflict of interest in respect to item NM.1 - Mona Vale Road HCA because he has a close relationship with a family that reside in 89 Mona Vale Road. Councillor Ngai withdrew from the Chamber taking no part in the debate.

289

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Spencer/Greenfield)

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

C.1 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.

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).

CARRIED UNANIMOUSLY

Address the Council

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

R Vowell Lindfield Village Hub

C Davies Petition

A Alexander Apology

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.6 - Timber Cottage - 55a Lindfield Avenue Lindfield - Report by Director Operations dated 18 September 2018 an attachment.

Councillors Agenda Information:

NM.1 – Notice of Rescission – Mona Vale Road HCA

Memorandum from Manager Records & Governance in relation to a typographical error in the header line of the above item.

Question Without Notice – Authorising Distribution of Confidential Documents

Memorandum from General Manager responding to a Question without notice raised at OMC 28 August 2018.

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

Memorandum from Manager Finance attaching amendments to notes 10(a), 15 and 21.

Confidential Memorandums:

C.1 – LVH - Developer EOI Documentation

Memorandum from Manager Corporate Communications attaching a new Mayoral Message.

CONFIRMATION OF MINUTEs

290

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 11 September 2018

Minutes numbered 275 to 288

Resolved:

(Moved: Councillors Clarke/Smith)

That Minutes numbered 275 to 288 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

PETITIONS

291

Petition Opposing to the Recent Extension of the Pymble Heights Heritage Conservation Area and Recent Decisions Made by Council with Respect to Such Extensions (Twenty Two [22] Signatures)

File: S11437

Vide: PT.1

On behalf of Pinjarra Pre SchooI/Child Care, 2 King Edward Street, Pymble:

“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 any future extensions of the Pymble Heights HCA regardless of when such extensions is proposed or for whatever reason.”

Resolved:

(Moved: Councillors Kelly/Clarke)

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

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

Against the Resolution: Councillor Spencer

292

Petition Objecting to the Previously Approved HCA C43 Mona Vale Road (Eighty Six [86] Signatures)

File: S11437

Vide: PT.2

“We the undersigned support the rescission of the following motion of the Ordinary Meeting of Council dated 26 June 2018:

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

Resolved:

(Moved: Councillors Smith/Greenfield)

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

CARRIED UNANIMOUSLY

GENERAL BUSINESS

293

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

File: FY00259/11

Vide: GB.2

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.

Resolved:

(Moved: Councillors Clarke/Pettett)

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.

CARRIED UNANIMOUSLY

294

Investment Report as at 31 August 2018

File: FY00623

Vide: GB.3

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

Resolved:

(Moved: Councillors Clarke/Pettett)

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.

CARRIED UNANIMOUSLY

295

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

File: S10119

Vide: GB.4

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).

Resolved:

(Moved: Councillors Clarke/Spencer)

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.

CARRIED UNANIMOUSLY

296

Lindfield Village Green Heads of Agreement with TfNSW update

File: S10840

Vide: GB.5

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

Resolved:

(Moved: Councillors Clarke/Ngai)

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.

CARRIED UNANIMOUSLY

297

LVH - Developer EOI documentation

File: S10973-28

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in sections 10A(2)(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 dated 27 August 2018.

Resolved:

(Moved: Councillors Clarke/Pettett)

1. That the EOI approved to be issued to market on 2 October 2018.

2. The terminology of RFDP is changed to a Request for Tender (RFT).

CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with

GB.1 Election of Deputy Mayor for the 2018 - 2019 Term

and then items where there are speakers first, after a
motion moved by Councillors Clarke and Pettett
was CARRIED UNANIMOUSLY

298

Election of Deputy Mayor for the 2018 - 2019 Term

File: S03662

Vide: GB.1

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

Resolved:

(Moved: Councillors Pettett/Smith)

That Council elects the Deputy Mayor for the 2018-2019 mayoral term using the open voting method.

CARRIED UNANIMOUSLY

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

Councillors Clarke and Pettett were nominated and accepted the nomination.

The open voting resulted in four (4) votes for Councillor Clarke:

Councillors Anderson, Ngai, Clarke and Spencer

The open voting resulted in five (5) votes for Councillor Pettett:

Councillors Pettett, Greenfield, Smith, Kelly and Szatow

Councillor Jeff Pettett was duly elected to the position of Deputy Mayor for the 2018 – 2019 term.

Motions of which due Notice has been given

Councillor Ngai withdrew during discussion

Councillor Smith withdrew during discussion

Councillor Smith returned

299

Mona Vale Road HCA

File: S11437

Vide: NM.1

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

G Wells

B Bullen

S Falster

C Davies

A Alexander

R Lee

T Coomes

T Ban

G Long

C Zhou

H Y Ma

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:

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

Resolved:

(Moved: Councillors Smith/Spencer)

A. That Council rescinds the part of its decision of the Ordinary Meeting of Council of 26 June 2018 to include 3 Mona Vale Road to 1a Bromley Avenue Pymble and 78 Mona Vale Road to 96 Mona Vale Road Pymble within the Mona Vale Conservation Area and the adopted Planning Proposal.

B. That Council does not proceed with the Mona Vale Road Conservation Area as exhibited except for the properties from 98 Mona Vale Road to 102 Mona Vale Road Pymble and 55a Mona Vale Road to 117 Mona Vale Road Pymble, however, excluding Strathwood Court.

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

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

Against the Resolution: Councillors Clarke and Kelly

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

For the Amendment: The Mayor, Councillor Anderson, Councillors Greenfield, Smith and Szatow

Against the Amendment: Councillors Pettett, Clarke, Spencer and Kelly

The voting being EQUAL,
the Mayor exercised her Casting Vote
FOR the Motion

The Original Motion was:

(Moved: Councillors Clarke/Kelly)

That the above Notice of Rescission as printed be adopted.

Councillor Ngai returned

300

Timber Cottage - 55a Lindfield Avenue Lindfield

File: S09449

Vide: GB.6

To provide Council with cost estimates associated with pursuing ownership and relocating and the timber cottage located at 55a Lindfield Avenue Lindfield.

A procedural motion moved by Councillors Clarke and Spencer asking the Mayor to seek a vote on the matter as there had been 2 speakers for and 2 against was
CARRIED UNANIMOUSLY

Resolved:

(Moved: Councillors Ngai/Kelly)

A. That Council does not pursue ownership of the timber cottage at 55a Lindfield Avenue Lindfield.

B. That the present property owner be advised of Council’s decision.

C. That Council staff investigate the feasibility and cost associated with modelling the timber cottage using 3D laser scanning and point cloud technology, or having the cottage professionally photographed in detail. Quotes should be compared and made available to Council by October 2018.

For the Resolution: Councillors Ngai, Pettett, Clarke, Spencer and Kelly

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

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

(Moved: Councillors Anderson/Smith)

That Council resolves to pursue ownership and relocation of the timber cottage at 55a Lindfield Avenue Lindfield and continues negotiations with the property owner.

That options for involvement of local voluntary groups such as the Men’s Shed to contribute to efforts to restore the cottage be sought by Council.

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

Against the Resolution: Councillors Ngai, Pettett, Clarke, Spencer and Kelly

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

QUESTIONS WITHOUT NOTICE

301

Council Resources on NCAT Matters

File: CY00214/10

Vide: QN.1

Question Without Notice from Councillor Peter Kelly.

In this term of Council have any Council resources been applied to any NCAT matter involving elected Councillors?

Answered by The Acting General Manager

The Acting General Manager advised he will take it notice.

The Meeting closed at 8.55 pm

The Minutes of the Ordinary Meeting of Council held on 25 September 2018 (Pages 1 - 11) were confirmed as a full and accurate record of proceedings on 16 October 2018.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 16 October 2018	GB.1 / 26

Item GB.1	S10577/3
	4 October 2018

Marian Street Theatre Community Reference Committee

EXECUTIVE SUMMARY

purpose of report:	To provide Council with recommendations for community representatives for the Marian Street Theatre Community Reference Committee.

background:	Council resolved on 14 August 2018 to establish a Community Reference Committee for the Marian Street Theatre (MST) redevelopment project.

comments:	An Expression of Interest process was undertaken in seeking members for the MST Community Reference Committee. Applications were received from 20 people and all available applicants were interviewed by a staff selection panel. The selection panel has recommended, due to the breadth and quality of experience and expertise along with the high number of applications, that the number of community members on the Community Reference Committee be increased from 4 to 6.

recommendation:	That Council amend the Terms of Reference for community membership of the MST Community Reference Committee from 4 to 6 members, and that Council adopt the 6 recommended applicants for the MST Community Reference Committee.

Purpose of Report

To provide Council with recommendations for community representatives for the Marian Street Theatre Community Reference Committee.

Background

At the Ordinary Meeting of Council on 14 August 2018 Council resolved as follows:

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 Cr Spencer 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.

Council received 20 applications from members of the community and theatre/industry specialists as a result of the Expressions of Interest process. A summary of Expressions of Interest applications from each candidate is included in Confidential Attachment 1.

All available applicants have been interviewed by a staff selection panel which has recommended 4 community representatives, in addition to the 2 representatives from the Save Marian Street Theatre Committee (SMSTC), which is in accordance with the current Terms of Reference for the committee.

Comments

Number of Community Representatives

This report recommends the adopted Terms of Reference for membership for the MST Community Reference be amended. Currently the Terms of Reference are as follows:

Membership

The committee’s membership will consist of:

· Two (2) Councillors, one of whom will be the Mayor, who will chair the Committee

· Four (4) community representatives with demonstrated knowledge of the performing arts and associated industries and/or relevant cultural and community projects

· It is recommended that two (2) of the community members be representatives of the Save Marian Street Theatre Committee

It is recommended, due to the quality of applications received and high level of technical expertise amongst the candidates, that the Terms of Reference are amended, and the number of community representatives is increased from 4 to 6 (including the 2 representatives from the SMSTC).

The Mayor, as Chair of the Committee, and Cr Spencer remain on the committee, as per the adopted Terms of Reference.

The total number of members on the committee therefore, (including the Mayor and Cr Spencer), would be increased from 6 to 8. It is recommended that the Terms of Reference be amended to read:

Membership

The committee’s membership will consist of:

· Two (2) Councillors, one of whom will be the Mayor, who will chair the Committee. The other will be Cr Spencer as per the Council resolution of 14 August 2018

· Four (4) community representatives with demonstrated knowledge of the performing arts and associated industries and/or relevant cultural and community projects

· Two (2) representatives from the Save Marian Street Theatre Committee

Selection of community representatives

A selection panel was established to interview all available candidates. The selection panel consisted of:

· Director Community

· Director Operations

· Manager Corporate Communications

Due to high quality and number of submissions all available candidates were asked to attend a face to face interview with the selection panel.

The questions asked at the interview were as follows:

1. Can you describe an example of how you have constructively contributed to a community or work committee?

2. What values or personal characteristics do you think people on community reference committees must possess?

3. What are your expectations about participating on the committee?

Following the interviews and much deliberation, it was agreed to recommend the number of community representatives be increased from 4 to 6 (which includes the 2 members from the SMSTC).

The selection panel recommendations for the 4 community members for the Marian Street Theatre Community Reference Committee are contained in Confidential Attachment 2 along with the panel’s recommendation for the 2 representatives from the SMSTC.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Community engagement utilises effective and varied communication channels to reach all sections of the community.	Implement a program of innovative and effective engagement to provide a better understanding of Council services, programs and facilities to the community.	Proactively publicise Council's services, programs, policies and achievements via all forms of media.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Community engagement utilises effective and varied communication channels to reach all sections of the community.

Implement a program of innovative and effective engagement to provide a better understanding of Council services, programs and facilities to the community.

Proactively publicise Council's services, programs, policies and achievements via all forms of media.

Community, People and Culture

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

Under the Local Government Act 1993 and the Local Government (General) Regulation 2005 a Council can form committees and determine their functions, powers, membership and voting rights. Council has adopted a Council Advisory / Reference Committees Guideline to guide the conduct of these and the Marian Street Theatre Community Reference Committee would also be subject to these guidelines. All nominees who applied to be on the MST Community Reference Committee will be asked to read Council’s Code of Conduct and agree to abide by the Code should they be successfully appointed to the committee.

Risk Management

The proposed role of the MST Community Reference Committee will be to provide advice to Council on community related, management and technical requirements for the Marian Street Theatre redevelopment project. This will assist in opening new links to the community and gaining feedback on a range of community and cultural development matters. It will also continue to raise Council’s profile and reputation for engaging with the local community on various aspects of the project.

Financial Considerations

Council will be responsible for meeting the operating costs of the MST Community Reference Committee. This will include catering and administrative resourcing for the committee.

Social Considerations

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

Environmental Considerations

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

Community Consultation

Expressions of Interest were sought from the community through public advertisements in the North Shore Times and through Council’s website and other social media channels.

Internal Consultation

Internal consultation with all Council departments has occurred throughout the Expressions of Interest process.

Summary

Council resolved on 14 August 2018 to create a Marian Street Theatre Community Reference Committee. Expressions of interest were sought from the community and 20 nominations were received. A process of face to face interviews was undertaken, and a staff selection panel has recommended 4 community representatives, in addition to 2 representatives from the Save Marian Street Theatre Committee.

This report recommends that the Terms of Reference for the MST Community Reference Committee be amended to increase the number of community representatives from 4 to 6, and that Council approve the 6 community representatives recommended by the selection panel.

Recommendation:

A. That the Terms of Reference for the Marian Street Theatre Community Reference Committee be amended as follows:

Membership

The committee’s membership will consist of:

· Two (2) Councillors, one of whom will be the Mayor, who will chair the Committee. The other will be Cr Spencer as per the Council resolution of 14 August 2018.

· Four (4) community representatives with demonstrated knowledge of the performing arts and associated industries and/or relevant cultural and community projects.

· Two (2) representatives from the Save Marian Street Theatre Committee.

B. That Council approve the four (4) community representatives recommended in Confidential Attachment 2 of this report.

C. That Council approve the two (2) Save Marian Street Theatre Committee representatives recommended in Confidential Attachment 2 of this report.

Janice Bevan

Director Community

Attachments:	A1	Marian Street Theatre Reference Committee Nominations List		Confidential
	A2	Recommendations for Community Members for the MST Community Reference		Confidential

Ordinary Meeting of Council - 16 October 2018	GB.2 / 32

Item GB.2	FY00623
	20 September 2018

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

EXECUTIVE SUMMARY

Purpose of report:	To present to Council the Annual Financial Statements for the year ended 30 June 2018 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2018.

background:	On 25 September 2018 Council resolved to receive and certify the Draft Financial Statements for the 2017/18 and to refer them to the external auditor. Council also resolved to fix 16 October 2018 as the date for the public meeting to present the statements and audit reports in accordance with Section 419(1) and 419(2) of the Local Government Act.

comments:	This is the final stage of the process of adopting Council’s Annual Financial Statements the year ended 30 June 2018.

recommendation:	That Council receive the audited Financial Statements for the year ended 30 June 2018 and the auditor’s report from the Audit Office of NSW.

Purpose of Report

Background

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

On 25 September 2018 Council resolved to receive and certify the Draft Financial Statements for 2017/18 and to refer them to the external auditor. The following certifications were made by the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer:

That Council’s General Purpose Financial Statements have been prepared in accordance with:

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

* The Australian Accounting Standards and professional pronouncements

* The Local Government Code of Accounting Practice and Financial Reporting

And that to the best of Council’s knowledge and belief that the statements:

* present fairly the Council’s operating result and financial position for the year; and

* are in accordance with Council’s accounting and other records.

That Council’s Special Purpose Financial Statements have been prepared in accordance with:

* The NSW Government Policy Statement “Application of National Competition policy to Local Government”.

* The Division of Local Government Guidelines “Pricing and Costing for Council Businesses – A Guide to Competitive Neutrality”.

* The Local Government Code of Accounting Practice and Financial Reporting

And that to the best of Council’s knowledge and belief that the statements:

* present fairly the Council’s operating result and financial position for each of Council’s declared Business Activities for the year, and

* are in accordance with Council’s accounting and other records.

Comments

Council’s external auditor, the Audit Office of NSW audited the General Purpose Financial Statements and Special Purpose Financial Statements for the financial year ended 30 June 2018 and expressed an opinion on the financial statements based on their audit. The Auditor’s letter forms part of the Annual Financial Statements and includes the following opinion:

Auditor’s opinion

In my opinion,

· 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 (the Division)

· the financial reports:

- have been presented, in all material respects, in accordance with the requirements of this Division

- are consistent with the Council’s accounting records

- present fairly, in all material respects, the financial position of the Council as at 30 June 2018, and of its financial performance and its cash flows for the year then ended in accordance with Australian Accounting Standards

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

· no material deficiencies in the accounting records or financial statements have come to light during the audit.

Subsequent to the meeting on 25 September 2018 and the receipt of the Auditor’s letter, the Annual Financial Statements were placed on public exhibition. Written submissions from the public were invited, but at the time of writing this report none were received. Submissions received up to 4.30pm on 16 October 2018 will be circulated to Councillors on the night of the meeting. Section 420 of the Act requires that all submissions in respect of the audited Financial Statements must be in writing and must be lodged with the Council within 7 days after this meeting. Public submissions may be made up to 23 October 2018. Copies of all submissions received must be referred to Council’s external auditor.

This is the final stage of the process of adopting the Financial Statements for 2017/18.

The audited financial statements, together with the audited reports for the year ended 30 June 2018 are hereby presented to Council. The Financial Statements are also presented under separate cover.

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.

A summary of the financial results from the Audited 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.

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.

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 419(1) and 419(2) of the Act:

A council must present its audited financial reports together with the auditor’s reports at a meeting of Council held on the date fixed for the meeting; and

The council’s auditor may, and if so required in writing by the council must, attend the meeting at which the financial reports are presented.

In addition, Section 417(5) of the Act states that:

As soon as practicable after receiving the auditor’s reports, the council must send a copy of the auditor’s report on the council’s financial reports, together with a copy of the council’s audited financial reports, to the Director General – Office of Local Government and to the Australian Bureau of Statistics.

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

Council’s Financial Statements were on public exhibition from 5 October 2018 seeking comments from the community on the Statements and the Auditor’s Reports. Section 420 of the Act requires that all submissions in respect of the audited Financial Reports must be in writing and must be lodged with the Council within 7 days after this meeting. Public submissions may be made up to 23 October 2018. Copies of all submissions received must be referred to Council’s Auditor.

Internal Consultation

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

Summary

The Annual Financial Statements for the year ended 30 June 2018 and audit reports from Council’s external auditor, the Audit Office of NSW are presented to Council. Written submissions from the public have been invited, and may be made up to 23 October 2018. Copies of all submissions must be referred to Council’s auditor. This is the final stage of the process of adopting Council’s Annual Financial Statements for 2017/2018.

Recommendation:

A. That Council receive the audited Financial Statements for the year ended 30 June 2018 and the external auditors report from the Audit Office of NSW.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1 ⇨

Audited General and Special Purpose Financial Statements for the Year ended 30 June 2018

Excluded

2018/297305

Ordinary Meeting of Council - 16 October 2018	GB.3 / 45

Item GB.3	CY00440/6
	24 September 2018

Disclosures of Interest Returns Register 2017/2018

EXECUTIVE SUMMARY

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

background:	The Local Government Act 1993 (the Act) places specific obligations on Councillors, council delegates and council staff involved in making decisions or giving advice on council matters to act honestly and responsibly in carrying out their functions. Councillors and designated persons need to complete and lodge a written disclosure of interest return. The form of the return is prescribed in Schedule 3 of the Local Government (General) Regulation 2005. This obligation to lodge returns is as much a protection for Councillors and designated persons as it is for the community. Section 450A of the Act requires that the Disclosure of Interest Return Register be tabled at the first meeting after 30 September 2018.

comments:	All returns received from Councillors and designated persons have been collated into a register. The register will be tabled at the Ordinary Meeting of Council on Tuesday, 16 October 2018, which is Council’s first meeting after the lodgement date of 30 September 2018.

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

Purpose of Report

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

Background

The Act places specific obligations on Councillors, council delegates and council staff involved in making decisions or giving advice on council matters to act honestly and responsibly in carrying out their functions.

Councillors and designated persons need to complete and lodge a written disclosure of interest return. The form of the return is prescribed in Schedule 3 of the Local Government (General) Regulation 2005. This obligation to lodge returns is as much a protection for Councillors and designated persons as it is for the community.

Under Section 450A(2) of the Act, the General Manager must table the register of returns at the first meeting after the lodgement date. Councils must make it available for inspection to any member of the public upon request. The return is also relied upon in complaints concerning pecuniary interest breaches and issues relating to probity.

Comments

All returns received from Councillors and designated persons have been collated into a register. The register will be tabled at the Ordinary Meeting of Council on Tuesday, 16 October 2018, which is Council’s first meeting after the lodgement date of 30 September 2018.

Governance Matters

Section 449 of the Local Government Act 1993 (the Act) requires the lodgement of returns disclosing interests of Councillors and designated persons.

Under Section 450A(2) of the Act, returns for the period 1 July 2017 to 30 June 2018 must be tabled at the first Council meeting held after the last day of lodgement. The last day of lodgement is
30 September 2018.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

The Local Government Act 1993 (the Act) places specific obligations on Councillors, council delegates and council staff involved in making decisions or giving advice on council matters to act honestly and responsibly in carrying out their functions.

Section 449 of the Act requires Councillors and designated persons to complete and lodge a written disclosure of interests return. The form of the return is prescribed in Schedule 3 of the Local Government (General) Regulation 2005. This obligation to lodge returns is as much a protection for Councillors and designated persons as it is for the community.

The Register will be tabled at the Ordinary Meeting of Council on Tuesday, 16 October 2018.

Recommendation:

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

Nala Redford

Acting Team Leader Governance

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Ordinary Meeting of Council - 16 October 2018	GB.4 / 48

Item GB.4	S03662
	8 October 2018

Amendment to NSROC Constitution and Appointment of a Second Alternate Delegate

EXECUTIVE SUMMARY

purpose of report:	To appoint and second alternate delegate to NSROC as required by clause 5(ii) of the amended NSROC Constitution.

background:	Council is represented by councillors on a number of external organisations and committees, including community organisations of which Council is a stakeholder and advisory committees for various government departments. At its meeting on 21 September 2018, Council appointed the Mayor and Councillor Ngai as its NSROC delegates, and Councillor Spencer as its alternate delegate.

comments:	Recent amendments to the NSROC Constitution require that Council appoint 2 alternate delegates.

recommendation:	That: A. Council appoint a second alternate NSROC delegate to serve for the remainder of the 2017-2019 mayoral term; B. The two alternate delegates take turns to accept opportunities to attend, starting with the existing alternate delegate; and C. NSROC be informed of Council’s nominated representative.

Purpose of Report

To appoint and second alternate delegate to NSROC as required by clause 5(ii) of the amended NSROC Constitution.

Background

Council is represented by councillors on a number of external organisations and committees, including community organisations of which Council is a stakeholder and advisory committees for various government departments.

At its meeting on 21 September 2018, Council appointed the Mayor and Councillor Ngai as its NSROC delegates, and Councillor Spencer as its alternate delegate.

At its Board meeting on 9 August 2018, the NSROC Board resolved to amend the NSROC Constitution (Attachment A1). Attachment A2 is a letter from NSW Fair Trading confirming registration of the amended Constitution.

Comments

Clause 5 (ii) of the NSROC Constitution now requires a member Council to appoint 2 alternative delegates:

ii) A member Council shall, at its first ordinary meeting after any Council election, appoint delegates from the Council membership to the Organisation, one of whom shall be the Mayor. Each such delegate shall hold office until the appointment of a successor. At its first ordinary meeting after any Council election, a member Council shall also appoint 2 alternative delegates (and for the purpose of clause 5(v) below).

Clause 5 (v) defines the role of the alternate delegates:

v) Where the Mayor, and/or appointed delegate of a Council is/are unable to attend a meeting of the Organisation (or had obtained leave of absence from the Organisation), the Council may be represented by another member/s of the Council duly appointed for the purpose of being alternative delegate/s. The 2 alternative delegates have the same voting rights as the Mayor and appointed delegate.

The Constitution does not determine how Council should decide which of the two alternate delegates should attend as Council’s representative when an alternate is required. This could be decided by resolving that the two alternate delegates take turns to be given the opportunity to attend (and where the first alternate delegate cannot attend, the opportunity defaults to the next).

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 the 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

At its meeting on 21 September 2018, Council appointed the Mayor and Councillor Ngai as its NSROC delegates, and Councillor Spencer as its alternate delegate.

Recent amendments to the NSROC Constitution require that Council appoint 2 alternate delegates.

Recommendation:

That:

A. Council appoint a second alternate NSROC delegate to serve for the remainder of the 2017-2019 mayoral term;

B. The two alternate delegates take turns to accept opportunities to attend, starting with the existing alternate delegate; and

C. NSROC be informed of Council’s nominated representative.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:	A1	Final (clean) amended NSROC Constitution 9 August 2018 - Registered 30 August 2018		2018/301482
	A2	Letter from NSW Fair Trading registration of amended NSROC Constitution 30 August 2018		2018/301483

Ordinary Meeting of Council - 16 October 2018	GB.5 / 52

Item GB.5	CY00259/10
	8 October 2018

Delegation of Authority - Deputy Mayor - 2018 / 2019 Term

EXECUTIVE SUMMARY

purpose of report:	For Council to give consideration to granting Delegations of Authority to the Deputy Mayor.

background:	It has been Council’s practice to delegate the attached functions to the Deputy Mayor following appointment.

comments:	These functions are practical delegations which assist the smooth functioning of the Mayoral Office.

recommendation:	That the Delegations of Authority as outlined in Attachment A1 be granted to the Deputy Mayor.

Purpose of Report

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

Background

Section 231 of the Local Government Act 1993 states:

(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

It has been Council’s practice to delegate the attached functions to the Deputy Mayor following appointment.

Comments

These functions are practical delegations which assist the smooth functioning of the Mayoral Office. The instrument of delegation is at Attachment A1.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Ku-ring-gai is well led, managed and supported by ethical organisations which deliver projects and services to the community in listening, advocating and responding to their needs.

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.

Compliance with the requirements of relevant Acts and Regulations.

Governance Matters

Section 231 (3) of the Local Government Act 1993 defines the role of the Deputy Mayor.

Risk Management

Nil.

Financial Considerations

Nil.

Social Considerations

Nil.

Environmental Considerations

NIl.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

It has been Council’s practice to delegate the attached functions of the Deputy Mayor following appointment.

The instrument of delegation is at Attachment A1.

Recommendation:

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

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

ATTACHMENT A1 - Delegations to the Deputy Mayor

2018/301409

Ordinary Meeting of Council - 16 October 2018	GB.6 / 55

Item GB.6	CY00043/10
	8 October 2018

Invitation to Streetwork Glam and Grunge Fundraising Event

EXECUTIVE SUMMARY

purpose of report:	To inform Councillors of an invitation from StreetWork to attend their Glam and Grunge fundraising event that will be held on Friday, 2 November at Paddington Town Hall.

background:	StreetWork is a community-based organisation that focuses on prevention and early intervention strategies for youth at risk, redirecting young people through positive role modelling, mentoring and practical support towards more positive and fulfilling choices for their lives. StreetWork endeavours to reach out and support troubled young people aged between 11 and 18 from all over Sydney's North.

comments:	The 2018 StreetWork Glam and Grunge fundraising event will be held on Friday 2 November 2018 at Paddington Town Hall. Corporate tables of 8 are available for $1,800.

recommendation:	That Council consider the invitation to purchase a corporate table for the 2018 StreetWork Glam and Grunge fundraising event.

Purpose of Report

To inform Councillors of an invitation from StreetWork to attend their Glam and Grunge fundraising event that will be held on Friday, 2 November at Paddington Town Hall.

Background

StreetWork is a community based organisation that focuses on prevention and early intervention strategies for youth at risk, redirecting young people through positive role modelling, mentoring and practical support towards more positive and fulfilling choices for their lives. StreetWork endeavours to reach out and support troubled young people aged between 11 and 18 from all over Sydney's North.

Comments

Councillors have received an invitation from StreetWork to attend their Glam and Grunge fundraising event which will be held on Friday, 2 November at Paddington Town Hall (Attachment A1).

Corporate tables of 8 are available for $1,800, and half-tables of 4 are available for $900. Single tickets are $150.

Council has attended this event for the last two years. Last year, Council resolved to purchase a corporate table to this event. In 2016, Council resolved to purchase a corporate table if sufficient interest in attending was expressed by Councillors.

integrated planning and reporting

L1.1.3

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Partnerships are established with government agencies, regional and local organisations and community groups and are working to achieve Ku-ring-gai’s community outcomes.

Pursue new opportunities for partnership arrangements with other agencies, organisations and community groups to achieve community outcomes.

Pursue priority areas where partnership arrangements will provide tangible benefits to the local area.

Governance Matters

The Payment of Expenses and Provision of Facilities to Councillors Policy provides for Council to meet the reasonable costs of Councillors attendance at formal functions, including functions for charities and community service groups, as authorised by resolution of Council.

Risk Management

Nil.

Financial Considerations

Corporate tables of 8 are available for $1,800, and half-tables of 4 are available for $900. Single tickets are $150.

Social Considerations

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

Councillors have received an invitation from StreetWork to attend their Glam and Grunge fundraising event that will be held on Friday, 2 November at Paddington Town Hall (Attachment A1).

Corporate tables of 8 are available for $1,800, and half-tables of 4 are available for $900. Single tickets are $150.

Recommendation:

That Council consider the invitation to purchase a corporate table for the 2018 StreetWork Glam and Grunge fundraising event.

Amber Moloney

Manager Records and Governance

David Marshall

Director Corporate

Attachments:

Streetwork Glam and Grunge Invitation 2018

2018/301277

Ordinary Meeting of Council - 16 October 2018	GB.7 / 58

Item GB.7	CY00473/5
	12 July 2018

Draft Policy for Drone (Remotely Piloted Aircraft) Operations

EXECUTIVE SUMMARY

purpose of report:	To consider the draft policy for use of Ku-ring-gai Council owned and/or managed drone (remotely piloted aircraft) technology.

background:	The use of drone (remotely piloted aircraft) technology will increase the efficiency of Council’s corporate and operational activity across the Local Government Area, particularly where physical access by officers to a specific location is restricted by factors such as distance, danger or difficult terrain. It will enable Council to: • take aerial photographs and videos of Council-owned and/or managed assets such as outdoor recreation areas, sporting fields, and community facilities; • conduct aerial surveys of Council-owned and/or managed land with limited access due to terrain or geographical features; and • take aerial photographs and videos at Council-managed events.

comments:	Council has obtained advice from internal stakeholders to ensure the policy complies with relevant legislation including the Privacy and Personnel Information Protection Act (PPIP Act) and the Government Information (Public Access) Act 2009 and internal policies.

recommendation:	That Council place the draft policy for drone (remotely piloted aircraft) operations on public exhibition for 28 days and that a further report be presented to Council on completion of the exhibition period.

Purpose of Report

To consider the draft policy for use of Ku-ring-gai Council owned and/or managed drone (remotely piloted aircraft) technology.

Background

Drone (Remote Piloted Aircraft) technology will increase the efficiency of Council’s corporate and operational activity across the Local Government Area, particularly where physical access by officers to a specific location is restricted by factors such as distance, danger or difficult terrain.

The use of drone technology will enable Council to:

• take aerial photographs and videos of Council-owned and/or managed assets such as outdoor recreation areas, sporting fields, and community facilities;

• conduct aerial surveys of Council-owned and/or managed land with limited access due to terrain or geographical features; and

• take aerial photographs and videos at Council-managed events.

Comments

The purpose of the Drone (Remotely Piloted Aircraft) Policy (Attachment A1) is to ensure that all legislative requirements for the use of Ku-ring-gai Council-owned and/or Council–managed drone technology, which is also referred to as ‘remotely piloted aircraft’ (RPA) technology, is applied and adhered to by Council officers, as well as the management and use of data collected by the RPA.

The following pieces of legislation govern the operation of RPA in Australia:

• Civil Aviation Safety Regulations Part 101 (Commonwealth). This consolidates the rules governing all unmanned aeronautical activities into one body of legislation. It prescribes the rules for the use of unmanned moored balloons and kites, unmanned free balloons, unmanned rockets, remotely piloted aircraft, model aircraft and pyrotechnic displays.

• Air Navigation Act 1938 No 9 (Commonwealth). An Act to provide for the application of the Commonwealth Air Navigation Regulations to and in relation to air navigation within the State of New South Wales; to amend the State Transport (Co-ordination) Act 1931 in certain respects; and for purposes connected therewith.

Any and all data collected or recorded by the RPA, including geospatial data, is owned by Council and subject to the Privacy and Data Protection Act 2014 (PDA), Privacy and Personal Information Protection Act 1998 (NSW) including The Government Information (Public Access) Act 2009, and Council’s Information Privacy Policy. Recordings are subject to the legislated Information Privacy Principles (see PDA) that determine the storage and retention of data.

Data is considered and managed by:

• collecting (or recording) only for a specific purpose in support of a Council function;

• reviewing to redact inadvertently collected personal information; and

• editing to dispose of data that is not required.

Council has obtained advice from internal stakeholders to ensure the policy complies with other relevant legislation such as:

• Privacy and Personal Information Protection Act 1998 (PPIP Act)

• Workplace Surveillance Act 2005 (NSW)

• The Surveillance Devices Act 2007 (NSW)

• Telecommunications (Interception and Access) Act 1979 (Cth)

• The Government Information (Public Access) Act 2009

• Evidence Act 1995 (NSW)

• Local Government Act 1993 (NSW)

• State Records Act 1998 (NSW)

• Damage By Aircraft Act 1952 No 46 (NSW)

This policy is also supported by the following related policies:

• Advisory Circular 101-10 Operation of Excluded RPA (Civil Aviation Safety Authority)

• Code of Conduct (Ku-ring-gai Council)

• Fraud and Corruption Prevention Policy (Ku-ring-gai Council)

• Privacy Management Plan (Ku-ring-gai Council)

integrated planning and reporting

Theme 1 - Community, People & Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

C4.1.2

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

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

Construct parks which include features to facilitate passive recreation activities at identified locations.

Theme 2 - Natural Environment

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
Working together as a community to protect and enhance our natural environment and resources.	N2.1.1 Strategies and plans are relevant and implemented to improve conservation and recovery of flora and fauna.	Implement priority actions from the Biodiversity Policy and implement the biodiversity monitoring program.
		Implement priority actions from the Fauna Management Policy and implement the fauna monitoring program.
		Implement site management plans for bushland areas and monitor and report on bush regeneration activities on a quarterly basis.
	N3.1.1 The condition of natural waterways and riparian areas have improved and water harvesting and reuse has significantly increased.	Manage harvesting sites according to the Water Reuse Management Plans, maintenance program and asset management plan.

Theme 3 - Places, Spaces and Infrastructure

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.	P6.1.1 Partnerships are established with community groups and organisations to optimise the availability and use of sporting, recreation and leisure facilities.	Promote the new facilities at North Turramurra Recreation Area to community, schools, clubs and associations.
	P6.1.2 A program is being implemented to improve existing recreation, sporting and leisure facilities and facilitate the establishment of new facilities.	Designs are prepared and environmental approvals obtained for the delivery of the open space capital works program.
		Report on compliance with environmental approvals for open space capital works projects.
		Report on completed concept designs and acceptance by the community and Council.

Governance Matters

This activity crosses community awareness, amenity and regulation activities. The purpose of the policy is to help improve the appearance of the Council’s areas of responsibility.

Risk Management

The purpose of this policy is to provide Council with the powers to undertake drone (remotely piloted aircraft) operations in accordance with the legislation governing this type of activity and thereby reducing Council’s risk exposure. The purpose of the policy, Code of Practice and procedures is intended to minimise Council’s risk associated with the use of drone (remotely piloted aircraft) operations.

Financial Considerations

Council purchased a drone in 2017 for use by the Strategy & Environment Department. The cost of training will be minimal as the drone is under 2kg and staff can operate the drone after completing internal training and passing an internal competency assessment.

The use of drone technology will assist in reducing Council’s expenditure on hiring external contractors to carry out the drone operations stated in the policy.

Social Considerations

The social benefits include increased public awareness of the various projects carried out by Council to manage & improve natural areas and community facilities.

Environmental Considerations

Environmental benefits will be achieved by giving Council staff an increased ability to monitor natural areas and waterways, including areas with limited access due to terrain or geographical features.

Community Consultation

The draft policy will be placed on exhibition for 28 days for public comment wherein a further report will be considered by Council.

Internal Consultation

Staff from Corporate (specifically Corporate Risk & Assurance) and Strategy & Environment were consulted in relation to the implementation of electronic surveillances.

As per the actions arising from GMD on Friday, 31 August 2018, all managers were asked to review the Draft Policy for Drone (Remotely Piloted Aircraft) Operations and provide comment by Friday, 21September 2018. Positive feedback was received with no changes or additions requested for the policy.

Summary

The use of drone technology will enable Council to:

• take aerial photographs and videos of Council-owned and/or managed assets such as outdoor recreation areas, sporting fields, and community facilities;

• conduct aerial surveys of Council-owned and/or managed land with limited access due to terrain or geographical features; and

• take aerial photographs and videos at Council-managed events.

To comply with the Privacy and Data Protection Act 2014 (PDA), Privacy and Personal Information Protection Act 1998 (NSW) including The Government Information (Public Access) Act 2009, and Council’s Information Privacy Policy, Council is required to formalise a policy detailing the way in which this information is captured and stored and who will have access to the film footage.

Recommendation:

A. That Council places the draft Drone (Remotely Piloted Aircraft) Policy (Attachment A1) on public exhibition for 28 days.

B. That a report be brought back to Council after the completion of the exhibition period.

Eileen Rawlinson

Administration Officer

Guy Thomas

Acting Open Space, Sports & Recreation Planner

Andrew Watson

Director Strategy & Environment

Attachments:

Attachment A1 - 0180828 OMC - Drone (Remotely Piloted Aircraft) Policy

2018/242207

Ordinary Meeting of Council - 16 October 2018	GB.8 / 64

Item GB.8	S10066

Heritage Assessment of 149 Livingstone Avenue Pymble

EXECUTIVE SUMMARY

purpose of report:	To have Council consider the independent heritage assessment for 149 Livingstone Avenue, Pymble.

background:	On 8 May 2018 Council resolved to make an interim heritage order over 149 Livingstone Avenue, Pymble. On 11 May 2018 the interim heritage order came into effect.

comments:	A heritage assessment has been prepared for the local heritage listing of 149 Livingstone Avenue, Pymble. The assessment found that 149 Livingstone Avenue, Pymble did not reach the threshold of significance for local or State heritage listing.

recommendation:	That Council does not proceed with the process for the heritage listing of 149 Livingstone Avenue, Pymble.

Purpose of Report

To have Council consider the independent heritage assessment for 149 Livingstone Avenue, Pymble.

Background

On 8 May 2018 Council resolved to make an interim heritage order over 149 Livingstone Avenue, Pymble. On 11 May 2018 the interim heritage order (IHO) came into effect. The IHO provided Council with time to undertake further historical research and an independent heritage assessment of the property to establish if it warrants a formal heritage listing.

Under the conditions of the Interim Heritage Order the order will lapse on 8 November 2018 unless Council passes a resolution to place the item on the heritage schedule of the KLEP 2015 to protect and manage the item or it nominates the item for inclusion on the State Heritage Register.

Council is currently involved in court proceedings with the applicants of Development Application DA0152/18 based upon a deemed refusal. The Court requires Council to file and serve its Statement of Facts and Contentions by Thursday, 25 October 2018 and the matter was adjourned for directions until Friday, 26 October 2018. The Court is of the opinion that the Council should know its position on the heritage listing by the end of October 2018, and made orders that Council file and serve their Statement of Facts and Contentions on that basis.

Comments

An independent heritage assessment of 149 Livingstone Avenue, Pymble (Lot 3, DP 607951) was undertaken by the heritage consultant Anne Warr. The assessment found it is not of local heritage significance and should not be included as a heritage item under Schedule 5 and on the heritage map of the Ku-ring-gai Local Environmental Plan 2015 (KLEP 2015).

A heritage item is a place, which may include built structures, landscapes, moveable objects and relics, that have recognised cultural significance. In NSW, heritage items of local significance are assessed against 7 criteria:

a) Historical significance – an item is important in the course, or pattern, of the cultural or natural history of the local area;

b) Historical association significance – an item has strong or special association with the life or works of a person, or group of persons, of importance to the local area’s cultural or natural history;

c) Aesthetic significance – an item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in the local area;

d) Social significance – an item has a strong or special association with a particular community or cultural group in the local area, for social, cultural or spiritual reasons;

e) Technical/research significance – an item has potential to yield information that will contribute to an understanding of the local area’s scientific, cultural or natural history;

f) Rarity – an item possesses uncommon, rare or endangered aspects of the local area’s cultural or natural history; and

g) Representativeness - an item is important in demonstrating the principal characteristics of a class of the local area’s cultural or natural places; or cultural or natural environments.

Interim Heritage Order Process

In 2013 local councils were given delegation to make IHOs. The delegation is contingent upon a place having a preliminary assessment which indicates that further research into the significance is warranted, and the place is being or is likely to be harmed. IHOs are not to be used as tool to block development. In the first six months of the order a Council must assess the significance of a potential item and determine if it warrants statutory listing. If it is found the property does not have heritage significance pursuant to section 29(4) of the Heritage Act 1977 the interim heritage order can be revoked, otherwise, the interim heritage order remains inforce until 8 November 2018 when the order lapses.

Findings from the Assessment

The full heritage assessment undertaken by Anne Warr, Heritage Consultant can be found at Attachment A1.The key findings from the historical research by Anne Warr found it could not be established that the property was architecturally designed. Thomas Darling could not be confirmed as the architect, however, he did purchase the house in 1918 and he and his family resided there from 1919 to 1922. The house was commissioned by George Hamilton and likely built in 1912 being on-sold to Ernest and Emma Coombe in 1914. The occupation of the house by the unmarried children of FJ Hamilton, from 1926 to the 1960s is considered to be a minor association.

In reviewing the potential for the house to have aesthetic significance or as a representative example of type the Consultant assessed the intactness of the house. While the house was found to be a competent and well-built example of type, the original setting of the house was substantially reduced through several subdivisions and the form of the house compromised by the 1998 alterations and additions, which added two large dormer windows and demolished the rear of the house.

The overall recommendation of the Anne Warr Heritage Consultant report is:

Although the house is not deemed to meet the criteria for local or state heritage listing, it demonstrates changes to the suburb of West Pymble over the last century, and for this reason the house and grounds should be archivally documented before any future changes are made.

Other Heritage Assessments

Two other heritage assessments of 149 Livingstone Avenue, Pymble were submitted to Council as part of the public exhibition of Development Application DA0152/18 for 149, 151 & 153 Livingstone Avenue Pymble - to demolish existing structures, consolidate lots (including 149 Livingstone Avenue - subject of Interim Heritage Order) and construct a multi dwelling housing development comprising 19 dwellings, basement car parking and associated works - State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

1. Review of Paul Davies Pty Ltd assessment

The assessment by Paul Davies Pty Ltd on behalf of the Goldfields Group (development application applicants) was not a full assessment consistent with the requirements of the NSW Heritage Manual document ‘Assessing Heritage Significance’ (NSW Heritage Office, 2001). Instead, it was a critique of the preliminary heritage assessment prepared by Council’s Heritage Staff and considered at the meeting of Council on 8 May 2018. The preliminary assessment is not intended, nor is it required to be a comprehensive heritage assessment. It is a review undertaken internally to determine whether or not a property is under imminent threat and warrants proper heritage investigation. In some instances the preliminary heritage review does not recommend an interim heritage order, in this instance questions over the value of the historic association with the Hamilton family did require further investigation and clarification.

On the issue of historical association Paul Davies Heritage consultant states:

The place does not have historical associational value with Darling. His short occupancy is not significant, it is no different to any other occupant of the house. Apart from possibly sub-dividing a small part of the land, Darling had no impact on the place.

The place has some associational value with the Hamilton family but it is nominal. The land was part of the sub-divided estate. All of the lots on the estate that were sold have equal significance in that they formed part of the original holding. That is of historical interest but not of great significance. Two daughters of FJ Hamilton acquired the three lots (amongst others) and with their brother developed them with the house and immediately put it on the market. This appears to be a speculative action. The property and residence are not connected in any other way to the Hamiltons at that time, it appears they did not occupy it, build it for themselves or commission a specific design.

As discussed above Darling bought the house and quite quickly (after 4 years) sold it and moved on, the next owner is not significant. The sisters reacquired the house after the death of their parents and presumably the sale of the large house with nine bedrooms at 104. They continued to occupy the house again presumably until their deaths (not researched).

While FJ Hamilton is of local significance as an early occupier and land owner, that association is with his grand house nearby and not 149. His daughters have modest local significance as early residents but their re-acquisition of the property is not of significance. There is no suggestion that the house was significant as part of the Hamilton family’s developments except as a speculative development.

There appears to be no associational significance of note related to the property that separates it from most houses built on sub-divided land in the Kuring-Gai [sic] area.

His findings on historical association are consistent with the full heritage assessment by Anne Warr, Heritage Consultant.

2. Review of Betteridge Heritage assessment

Another heritage assessment was completed by Chris Betteridge of Betteridge Heritage on behalf of the Local Residents’ Action Group 149. This was a full assessment consistent with the 8 step process in the NSW Heritage Manual. This assessment found 149 Livingstone Avenue, Pymble did have local heritage significance based upon historical associations with the Hamilton family and the architect Thomas James Darling, aesthetic significance for its landmark qualities in the local cultural landscape, and as a representative example of a Federation bungalow. The Statement of Significance from this assessment reads:

The property known as ‘Clooneen’ and formerly as ‘The Meads’ and ‘Wood Martin’, at 149 Livingstone Avenue Pymble is of historical significance at a local level through its association with a significant historical phase in the development of Pymble from the larger family land holdings of the 1880s through to the resub-division into smaller residential lots after WWI. It retains considerable original physical fabric in the form of a residential dwelling and substantial garden with early ornamental plantings, particularly the row of mature specimens of Camphor Laurel along the property’s western boundary. (Criterion A).

The house and land at 149 Livingstone Avenue, Pymble have strong historical associations with the architect Thomas James Darling and the Hamilton family who owned substantial lands in Pymble and it was the sale of these lands which resulted in the modern subdivision patterns evident in major parts of Pymble today. The property has historical associational significance at a local level. (Criterion B)

The house and its setting at 149 Livingstone Avenue have landmark qualities in the local cultural landscape and the house exemplifies a particular architectural style. The house was the home of the architect Thomas James Darling, whose life and body of work deserve further research. The property has aesthetic values at a local level. (Criterion C).

Social value is hard to quantify without detailed surveys of those who have been associated with a place, but the very high degree of concern raised in the local community by the potential loss of the subject property through its proposed demolition and subsequent redevelopment suggests that the place is esteemed by a significant group in the local community and that it contributes to the community’s sense of place and identity. It therefore is considered to have social significance at a local level. (Criterion D).

The subject property is considered to representative at a local level of a particular architectural style i.e. Federation Bungalow. (Criterion F)

The property is not assessed at this stage to have technical/research potential

(Criterion E) or rarity value (Criterion G).

The historical association with the architect Thomas Darling is disputed in the historical research in the Paul Davies Pty Ltd and the Anne Warr, Heritage Consultant reports who both state the identity of the architect, if any, is unknown. The architect Thomas Darling did own the house and lived there but he was not the original owner and there is no conclusive evidence that he was the architect. Paul Davies suggests that without a known architect the house must have been a speculative development and through his comparison with other Ku-ring-gai heritage listed properties, not worthy of heritage listing. Not having an Architect is and of itself not a reason for not heritage listing a property. Other factors and criteria can add weight to the heritage significance of a property, for example if the house was a rare example of type with strong historical significance like an intact workers’ cottage. 149 Livingstone Avenue, Pymble is not a rare type being a Federation bungalow.

The strong historical association with the Hamilton family is also disputed. Paul Davies describes the association with the Hamilton family as nominal and Anne Warr describes this association as minor. Annie and Florence Hamilton did at one point own the land and adverts found in the Sydney Morning Herald in 1912 suggest their brother George was involved in building and selling the house on lots 15, 16 and 17 of DP 3065 (now 149 Livingstone Avenue). The house was sold to Ernest and Emma Coombe, whose daughter soon married George Hamilton. The Coombes then sold the house in 1918 to Thomas Darling (an architect), who then sold the house back to the Hamilton family in 1924. Records show the property remained in their hands until the 1960s, and anecdotal records relay stories of the family’s time living at the residence. If evidence had shown the house had been designed for the Hamilton family and they had been the ones to first reside there for a substantial amount of time, then the family’s association with the house would be more than incidental. As it is, they were just one of many owners and no significant local historic events occurred during their residency to warrant significance under the historic association criterion for heritage assessment.

As noted by Anne Warr the house has been altered and the setting greatly diminished. Anne Warr describes the addition of the gabled dormer window as unsympathetic development. The report by Chris Betteridge identifies several examples of the Federation bungalow type which include eyelid dormer windows. While in some instances a dormer window can be original, the scale of this introduced dormer on what was a single storey bungalow is an intrusive element.

There are many small changes to the property that have a negative impact on its intactness. Isolated, these changes would not be reason enough to ignore the value of a Federation building to the heritage of this local area, but together the cumulative effect is a building and a setting that are no longer intact and do not represent a good example of type for this architecture in Ku-ring-gai. Other changes include the loss of original fabric like changes to the verandah detailing, lost chimneys, original facebrick has been painted, original Wunderlich ceilings removed and original interior joinery painted white. Other unsympathetic changes include the addition of a first floor in the roof space and with two new prominent gable dormers, the addition of a three car garage and the addition of an open plan family room at the rear of the house.

Chris Betteridge’s assessment of aesthetic significance describes 149 Livingstone Avenue as having “landmark qualities”. While a landmark can be defined as marking a historic boundary in this instance a more appropriate definition is as a feature or object in a town or landscape that is easily seen and recognised from a distance and facilitates wayfinding. Landmarks are often on high ground like a church on a hill or on the corners of busy roads. While 149 Livingstone Avenue is likely known by people living in the area as ‘that old house’ or ‘the heritage place’ it does not serve a wayfinding purpose and is not a landmark to the wider Ku-ring-gai community.

Chris Betteridge’s assessment further identifies the cultural landscape character of the street with 149 Livingstone Avenue as a focus. The current house and garden do complement and make a positive contribution to the leafy suburban character of Livingstone Avenue, Pymble. The garden, however, is not identified as having its own heritage landscape value. Under historical significance Chris Betteridge describes 149 Livingstone Avenue Pymble’s association with the significant development phase of Pymble from the larger family holdings of the 1880s through to the re-subdivision into smaller residential lots after WWI. The substantial garden with early ornamental plantings, in particular the mature Camphor laurels on the property’s western boundary are seen as evidence of this earlier development phase. While it is agreed these plantings are important, they are not ascribed as having significant heritage landscape value on their own, only as part of the collective setting and fabric of the property.

Chris Betteridge’s assessment also reaches the conclusion that 149 Livingstone Avenue has social significance due to the “high degree of concern raised in the local community by the potential loss of the subject property through its proposed demolition and subsequent redevelopment suggests that the place is esteemed by a significant group in the local community and that it contributes to the community’s sense of place and identity”. This statement is qualified in that Chris Betteridge also states that “social values are hard to quantify without detailed surveys”.

Social significance is Criterion (d) of the NSW Heritage Assessment Criteria. Under this criterion, to be considered to be of State (or local) significance an item must have “a strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons”. The NSW Heritage Manual is very clear that a guideline for exclusion is that the support for the item’s retention is “only in preference to a proposed alternative” such as the “retention of an older building in preference to its replacement with a more intensive development of a site”. In this instance the NSW Heritage Manual recommends that “there must be evidence that the item is separately valued in accordance with this criterion or one of the other criteria to have any validity as a significant heritage item”.

The community and in particular the Local Residents’ Action Group 149 have expressed their strong desire to see this building retained. Spokesperson for the action group Boru Tumulty was quoted in the North Shore Times on June 7 2018 stating “It’s part of the intrinsic history of the area and we want to preserve it for our children. Once it’s lost, it’s lost…..We are not anti-development, just not at the cost of destroying a heritage property and not so far into the suburb”. Consistent with the Assessing Heritage Significance guidelines, as the retention in preference to an alternative is the basis for the community support, for 149 Livingstone Avenue Pymble to have validity as an item there must be additional significance consistent with Criterion D (social significance) or one of the other criteria. The assessment of this building under the other criteria fails to reach the threshold for local significance. As explained above, the cumulative impact of change has eroded the integrity of the original fabric and setting of the property, and the historical association with the Hamilton family and the architect Thomas Darling is considered nominal.

It is not recommended that 149 Livingstone Avenue Pymble proceed to the process for heritage listing.

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

If Council resolves to not proceed with the heritage listing of 149 Livingstone Avenue Pymble then pursuant to section 29(4) of the Heritage Act 1977 Council can undertake steps to revoke the Interim Heritage Order on 149 Livingstone Avenue Pymble or alternatively under the conditions of the Interim Heritage Order it will lapse on 8 November, 2018.

Risk Management

There is a community expectation that places of heritage significance within the Ku-ring-gai Council LGA will be identified and protected. There is a strategic risk of damaging the reputation of Council if these culturally significant places are not identified and considered for protection.

It is noted there has been a significant level of resident interest in this property as it is proposed to be demolished under DA0152/18 as part of a multi dwelling housing development comprising 19 dwellings, basement car parking and associated works - State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

Financial Considerations

The cost of preparing this report is covered by the Ku-ring-gai draft Principal Local Environmental Plan - Urban Planning & Heritage Budget – Strategy and Environment Department.

Social Considerations

The identification and protection of Ku-ring-gai’s heritage places contributes to the ongoing conservation of Ku-ring-gai’s community-valued historic landscape and garden suburbs.

Environmental Considerations

The retention and conservation of heritage places has an important role in protecting the environment. The environmental sustainability benefits afforded by the retention of heritage places includes the substantial reduction in building, demolition and new construction waste, and the conservation of embodied energy in the existing buildings.

Community Consultation

As part of making the Interim Heritage Order for the site, the IHO was published in the NSW Government Gazette. The property owners and the NSW Heritage Council were notified, along with a public notice placed in the North Shore Times on 17 May 2018.

The affected property owner and developer will be notified of this report going to Council. There is strong community interest in the conservation of this property as evidenced by several newspaper articles in the North Shore Times. The key residents’ representative who made contact with Council with regards to the potential significance of this property was also notified of this report being considered by Council.

The Heritage Reference Committee considered the heritage assessment of Anne Warr, Heritage Consultant dated 11 September 2018 at a meeting on 13 September 2018. The committee made the following key comments:

1. The identity of the architect, or even if there was an architect, is not the key issue

It is agreed that whether or not the property was architecturally designed is not a key issue in assessing the significance of this property.

2. A key issue is ‘what does the property mean to Ku-ring-gai and what does it mean if it is lost?’

This issue is related to the social significance of the property and the fact there is considerable community support for the retention of this place. The property as it is now is a physical reminder of the past. It is also a marker and a reminder of the history of development of this part of Pymble with its strong ties to the early settlers of the area. As part of the wider story of Ku-ring-gai the demolition of this building will be felt by the local community as a loss.

3. Too much emphasis on the reduced curtilage as the assessment is not informed by a Ku-ring-gai perspective

It is agreed that the history of development, subdivision and re-subdivision in Ku-ring-gai means that many early properties have not retained their large curtilage and are now situated on substantially smaller lots. The loss of curtilage was not a deciding factor in the Anne Warr assessment but as stated previously contributed to the cumulative loss of fabric and setting.

4. The modifications that occurred in the 1980s and 1990s are not drastic changes and have retained the majority of the building and have attempted to be sympathetic

The comparative analysis in both the Anne Warr and Paul Davies assessments show examples of intact Federation bungalows which retain many of the details of this architectural type, and if changed have sympathetic additions which respect the original design. 149 Livingstone Avenue can be considered as borderline. It does retain an identifiable form even though the authenticity of the gabled dormer can be misunderstood. The integration of the substantial ‘overscaled’ gable dormers, the loss of finer details on the verandah, the loss of internal fabric and the changes to the interior layout as a consequence of the open plan living area addition have eroded the intactness of 149 Livingstone Avenue. The substantial triple carport is over-scaled and is visually degrading to the heritage elements of the house and its setting. Visually, the painted facebrick is a substantial loss, however, this is considered reversible. As there is no historical association or historic significance the cultural significance comes down to the aesthetic value. While the property does exemplify a particular style, its positive visual qualities have been more than temporarily degraded and it has been assessed as having little aesthetic significance.

5. The significant association with the Hamilton children is not explained

Frederick James Hamilton is a prominent figure in the history and early development of Pymble. Anecdotal evidence also describes his children as interesting characters who were known to the local area, some significant in their own right. What is consistent across the three reports is that a clear and significant association of the family with 149 Livingstone Avenue beyond being ‘nominal’ and ‘minor’ has not been established.

6. On page 42 of the assessment it states 56 Livingstone Avenue is being demolished, it is not, it is a heritage item.

The version reviewed was a draft and this will be amended in the final version.

Internal Consultation

Consultation with relevant Departments of Council has taken place in preparing this report, in particular, Development and Regulation.

Summary

The purpose of this report is to have Council review this heritage assessment and consider revoking the interim heritage order on 149 Livingstone Avenue, Pymble (Lot 3, DP 607951).

An independent heritage study to assess the heritage significance of 149 Livingstone Avenue, Pymble has found the property is not of local heritage significance.

Recommendation:

A. That Council does not proceed with the heritage listing of 149 Livingstone Avenue, Pymble;

B. That pursuant to section 29(4) of the Heritage Act 1977 Council undertake steps to revoke the Interim Heritage Order on 149 Livingstone Avenue Pymble (Lot 3, DP 607951).

Andreana Kennedy

Heritage Specialist Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Draft - Livingstone Ave Pymble heritage assessment 27 September 2018 version

2018/292885

Ordinary Meeting of Council - 16 October 2018	GB.9 / 73

Item GB.9	S11437

Finalisation of Planning Proposal for new and extended Heritage Conservation Areas in Wahroonga, Turramurra, Pymble and Gordon

EXECUTIVE SUMMARY

purpose of report:	For Council to make a determination in relation to the final composition of the Planning Proposal to include new and extended heritage conservation areas 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) to progress its finalisation.

background:	A Planning Proposal was prepared to include new and expanded heritage conservation areas in the KLEP 2015 and the KLEP LC 2012. The Planning Proposal was placed on public exhibition between 15 September 2017 and 23 October 2017. Council considered this matter at its meetings of 8 May 2018, 12 June 2018, 26 June 2018, 14 August 2018, 28 August 2018 and 25 September 2018. Legal advice has been received concluding that to date Council has made definitive resolutions in relation to 5 of the 11 areas only at these meetings. Further resolutions are required for the remaining 6 draft HCAs; being Gilroy Road, Mahratta, Lanosa Estate, Fernwalk, West Pymble and Orinoco. A determination in relation to the remaining 6 draft HCAs is now required to progress the Planning Proposal to finalisation.

comments:	Legal advice has been obtained concluding that Council has not made a determination as to how to proceed in relation to 6 out of 11 draft HCAs. A final determination on these matters to finalise the Planning Proposal is now required.

recommendation:	That Council formalises its position in relation to the following 6 draft HCA; Gilroy Road, Mahratta, Lanosa Estate, Fernwalk, West Pymble and Orinoco in order to finalise the planning proposal; and further that Council determines the process by which it wishes to finalise the Planning Proposal.

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; and subsequent extension on 5 April 2018. The Planning Proposal was placed on public exhibition between 15 September 2017 and 23 October 2017. The timeframe for completion of the LEP amendment, as set by the Department, is 2 November 2018.

Council on 8 May 2018 considered the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas 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).

Council resolved on 8 May 2018:

A. That given the short timeframe provided to make decisions that impact over 800

properties, and the significant impact that these decisions could have on the

character of Ku-ring-gai, that Council should defer the matter and spread the

decision making across the next three (3) council meetings.

Council on 12 June 2018 considered the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas being Telegraph Road Conservation Area, Gilroy Road Conservation Area, Mahratta Conservation Area and Hillview 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).

Council resolved (in part):

1. That Council resolves to adopt the Planning Proposal to list the Telegraph Road

Heritage Conservation Area as statutorily exhibited during the period 15/09/2017 –

23/10/2017.

2. That Council resolved not to adopt the Planning Proposal to list the Gilroy Road Heritage Conservation Area as identified in Attachment A7 in schedule 15 and the heritage map of the Ku-ring-gai Local Environmental Plan 2015 and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

3. That Council resolved not to adopt the Planning Proposal to list the Mahratta Heritage Conservation Area as identified in Attachment A7 in schedule 15 and the heritage map of the Ku-ring-gai Local Environmental Plan 2015 and the Ku-ring-gai Local Environmental Plan (Local Centres) 2012.

4. That Council resolves to adopt the Planning Proposal to list the Hillview Heritage

Conservation Area as statutorily exhibited during the period 15/09/2017 – 23/10/2017.

Council on 26 June 2018 considered the submissions received during the public exhibition of the Planning Proposal to include several new and extended heritage conservation areas being Athol Conservation Area, Lanosa Conservation Area, Mona Vale Road Conservation Area, Pymble Heights Conservation Area and Fernwalk 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).

Council resolved (in part):

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

2. That Council does proceed with the inclusion of the Mona Vale Road Conservation

Area (as exhibited) in the adopted Planning Proposal.

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

Council on 14 August 2018 considered 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).No decision was taken in respect of the matter and it remains in abeyance. A copy of this report is included at Attachment A1.

Council on 28 August 2018 considered a Rescission Motion to rescind the following motion of the Ordinary Meeting of Council on 26 June 2018:

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

The Motion was successful in relation to the Lanosa Conservation Area and the Fernwalk Conservation Area; the Motion was lost for the Pymble Heights Conservation Area.

Following consideration of the Rescission Motion, Council considered a further report on the finalisation of the planning proposal which included recommendations for three specific heritage conservation areas (West Pymble, Orinoco and Pymble Heights). An amended Motion was considered but lost. No decision was taken in respect of the matter and it remains in abeyance.

Council on 25 September 2018 considered a Rescission Motion to rescind 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.

The Original Motion was amended as follows:

A. That Council rescinds the part of its decision of the Ordinary Meeting of Council of

26 June 2018 to include 3 Mona Vale Road to 1a Bromley Avenue Pymble and 78 Mona Vale Road to 96 Mona Vale Road Pymble within the Mona Vale Conservation Area and the adopted Planning Proposal.

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

The amended Motion was carried.

Comments

Legal Advice

Confidential legal advice on Council’s decision making in relation to the planning proposal has been obtained and is included as Confidential Attachment A2 to this report. This advice opines that Council has only properly determined 5 of the 11 draft HCAs contained in the original planning proposal by means of definitive resolutions to progress the listing of these areas. In respect of the remaining 6 draft HCAs, the advice states that no formal resolutions have been made.

By way of explanation, the legal advice considers that when Council has considered motions in the context of an exhibited pp to list or not list HCAs which have subsequently been lost, Council has not made a further decision in relation to these areas and, therefore, actual resolutions in relation to these areas have not been made. The advice states that a resolution (supported by the majority) which specifically indicates whether a draft conservation area is to be listed or not is required so that specific and clear decisions have been made in relation to each draft heritage conservation area. As a consequence of the failure of decision making to date to achieve this objective, the advice concludes that Council has not, at this stage, fulfilled its functions of determining the planning proposal as a whole.

Council has made decisions in relation to 5 of the draft HCAs, being Telegraph Road, Hillview, Athol, Mona Vale Road and Pymble Heights. Accordingly, this report does not discuss these areas and Council’s decision making in relation to these areas will be reflect in the final planning proposal.

The advice further concludes that, once Council has determined the final composition of the planning proposal, it also needs to determine the process by which is wishes to finalise the plan. This report is recommending that, given the substantial changes that are being proposed to this planning proposal and the added complexity and conflicting issues surrounding the multiple HCAs, 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.

Accordingly, to formalise the final composition of the Planning Proposal, Council will need to pass specific resolutions in relation to the following areas:

1. Draft HCA: Gilroy Road, Turramurra (as shown in Attachment A3)

Decision making to date: Recommendation to list not supported

Council position: If it is not to list as a Heritage Conservation Area then a motion to this effect.

2. Draft HCA: Mahratta extension, Wahroonga (as shown in Attachment A4)

Decision making to date: Recommendation to list not supported

Council position: If it is not to list as a Heritage Conservation Area then a motion to this effect.

3. Draft HCA: Lanosa Estate, Pymble (as shown in Attachment A5)

Decision making to date: Recommendation not to list not supported; resolution to list was rescinded on 28 August 2018

Council position: Unclear

4. Draft HCA: Fernwalk extension, Pymble (as shown in Attachment A6)

Decision making to date: Recommendation not to list not supported; resolution to list was rescinded on 28 August 2018.

Council position: Unclear.

5. Draft HCA: West Pymble, Pymble (as shown in Attachment A7)

Decision making to date: Recommendation to list amended not supported; decision in abeyance

Council position: If it is to list as a Heritage Conservation Area then a motion to this effect.

6. Draft HCA: Orinoco extension, Pymble (as shown in Attachment A8)

Decision making to date: Recommendation not to list not supported; decision in abeyance

Council position: If it is not to list as a Heritage Conservation Area then a motion to this effect.

Pursuant to the legal advice, if Council wishes to finalise the planning proposal it needs to formally resolve its position in relation to the above draft HCAs. Should Council fail to make formal resolutions for any or all of the above areas, they would remain as draft HCAs (as afforded under the provisions of the EP&A Act 1979), as progression of the planning proposal to finalisation would not be possible. In practical terms, this would mean owners would be required to submit heritage impacts statements as part of development applications for works and the ability of owners to utilise the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 would be limited.

The NSW Department of Planning & Environment sets timeframes for planning proposals via conditions contained within Gateway determinations. Council should be aware that the timeframe currently applying to the relevant Gateway determination for this planning proposal requires completion of this matter by 2 November 2018. This timeframe has already been subject to a six month extension. Should Council fail to meet this timeframe, the NSW Department of Planning & Environment may seek to determine the planning proposal on behalf of Council.

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

The report considered by Council on 14 August 2018 addressed governance matters relating to the preparation and implementation of planning proposals. It noted that 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.

The report recommended that, should the final Planning Proposal be substantially different from the original planning proposal and given the added complexity and conflicting issues surrounding the multiple HCAs, 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 discussion regarding the risks associated with Council’s decision making to date and matters arising should Council fail to make final decisions in relation to this matter.

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. Submitters have been additionally notified when their relevant HCA was considered by Council as part of further reporting. This report is recommending that all submitters be notified of the report’s outcomes.

The recommendations of Council officers have been considered by Council’s Heritage Reference Committee.

Internal Consultation

Briefings were held for Councillors on the Heritage Conservation Area program on Tuesday, 29 May 2018; Tuesday, 12 June 2018; Tuesday, 26 June 2018 and Tuesday, 14 August 2018. A further briefing is scheduled for 30 October 2018.

Where relevant Consultation with other Departments of Council has taken place.

Summary

The public exhibition process for the planning proposal to include new and extended HCAs in the KLEP 2015 and the KLEP LC 2012 has concluded. Legal advice obtained concludes that Council needs to make determinations in relation to these 6 draft HCAs. A final determination as to the progression of the Planning Proposal is now required in order for Council to finalise this matter. Council also need to determine the process by which it wishes to finalise the Planning Proposal.

Recommendation:

A. That if Council intends to not include the draft Gilroy Road HCA in the final planning proposal then a motion to this effect should be passed.

B. That if Council intends to not include the draft Mahratta HCA extension in the final planning proposal then a motion to this effect should be passed.

C. That if Council intends to not include the draft Lanosa Estate HCA in the final planning proposal then a motion to this effect should be passed. If Council does intend to list the draft Lanosa Estate HCA in the final planning proposal then a motion to that effect should be passed

D. That if Council intends to not include the draft Fernwalk HCA extension in the final planning proposal then a motion to this effect should be passed. If Council does intend to list the draft Fernwalk HCA extension in the final planning proposal then a motion to that effect should be passed

E. That if Council does intend to list the draft West Pymble HCA with the proposed amended boundaries as shown at Attachment A7 in the final planning proposal then a motion to that effect should be passed.

F. That if Council intends to not include the draft Orinoco HCA extension in the final planning proposal then a motion to that effect should be passed.

G. 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 planning proposal.

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

Maxine Bayley

Strategic Planner Heritage

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	OMC 14 August 2018	2018/240304
	A2	Confidential legal advice on resolutions	Confidential
	A3	Map - Draft Gilroy Road Heritage Conservation Area	2018/301964
	A4	Map - Draft Mahratta Heritage Conservation Area extension	2018/302045
	A5	Map - Draft Lanosa Estate Heritage Conservation Area	2018/302046
	A6	Map - Draft Fernwalk Heritage Conservation Area	2018/302047
	A7	Map - Draft West Pymble Heritage Conservation Area	2018/302048
	A8	Map - Draft Orinoco Heritage Conservation Area extension	2018/302049

Ordinary Meeting of Council - 16 October 2018	GB.10 / 80

Item GB.10	S11858

Ku-ring-gai Parking Management - Community Engagement Strategy

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval to exhibit the Ku-ring-gai Parking Management Strategy.

background:	On 14 November 2017, Council resolved to endorse the investigation of paid parking as a funding mechanism and parking management solution across all the local centre projects.

comments:	Consultants were engaged to develop a parking management strategy as a holistic solution across the local centres, including the proposed local centre major projects. From detailed parking surveys in the 6 centres, non-compliance in Council owned time restricted off-street car parks was between 15-25%, impacting on turnover of car parking spaces. Average and peak weekday and Saturday occupancies in most centres exceeded thresholds that trigger consideration of paid parking as a management tool. A staged approach including implementation of paid parking in the 6 local centres is considered an appropriate mechanism to increase turnover of medium term parking and thus improving compliance with existing timed restrictions and availability of short stay car spaces for the intended use, such as shopping.

recommendation:	That Council exhibits the Parking Management Strategy incorporating the paid parking principles as set out in this report.

Purpose of Report

To seek Council approval to exhibit the Ku-ring-gai Parking Management Strategy.

Background

On 14 November 2017, Council resolved to endorse the investigation of paid parking as a funding mechanism and a parking management solution across all the local centre projects.

In response to this resolution, Traffic Consultants were engaged to investigate and prepare an LGA-wide Parking Management Strategy, including consideration of paid parking.

The 4 objectives of the Strategy were to:

· improve turnover of parking spaces;

· manage the demand for parking;

· help meet mode share targets; and

· use any revenue raised to fund community infrastructure.

The Parking Management Strategy report sets out an assessment and consideration of the following:

· the various parking management options and supporting technologies available, including enhanced enforcement;

· determine the viability of paid parking within Ku-ring-gai Council and its local centres both at a Local Government Area (LGA) and local centre level;

· investigate the potential impacts to the surroundings areas as a result of the introduction of paid parking;

· investigate other examples of paid parking for LGAs and private off-street car parks;

· consider the appropriateness of Council’s objectives to guide the implementation of any paid parking scheme within Ku-ring-gai; and

· inform Council of next steps in developing a paid parking system.

Comments

To understand the current parking characteristics and behaviour in the 6 local centres, Traffic Consultants undertook parking occupancy surveys and duration of stay surveys.

The surveys showed that non-compliance with the time restrictions in Council-owned off-street car parks was relatively high - between 15-25%. This suggests that there is a demand for longer term parking which cannot be accommodated within the local centres. Higher levels of demand for parking are usually a result of reduced turnover, which creates congestion within car parks and the surrounding road network as motorists circulate looking for parking.

The survey data also showed that average and peak weekday and Saturday occupancies in most centres exceeded 70% for several hours during a typical weekday.

According to Austroads Guide to Traffic Management Part 11: Parking (2013), paid parking should be considered in the following circumstances where:

· insufficient turnover resulting in poor compliance;

· continuous parking demand during daytime hours exceeds 70%; and

· there is insufficient parking facilities within reasonable walking distance of high short term parking trip generators.

With reference to the 4 objectives of the Strategy, the following premises were established to guide the development of the paid parking strategy:

1. make parking available and subsidised or free for users that spend time and money within the centres;

2. highlighting the convenience of on-street parking and the desire to minimise driver circulation trying to find on-street parking by getting drivers to utilise the off-street parking locations as soon as possible;

3. providing free off-street parking for those who are willing to walk further distances and utilise less convenient parking locations (i.e. at-grade off-street car parks);

4. charging a reasonable price at new major (project) car parks to recover part of the cost of providing upgraded parking facilities.

From the premises above, the following paid parking framework/principles and staged approach would be:

Further financial reporting can be found within the ‘Paid Parking Strategy Report’ (Confidential Attachment A1). An abbreviated version of Attachment A1 will form the ‘Parking Management Strategy’ document that will be publicly exhibited.

Benefits

· Does not disadvantage existing short stay visitors to the centres; and

· pricing structures will assist to encourage turnover where different charges begin to apply, providing additional opportunities for users to access parking spaces.

Analysis by Traffic Consultants found that the use of paid parking as a funding mechanism for the provision of new parking facilities could be supported. Pricing should be determined using supply and demand principles to ensure optimum utilisation rates. Revenue generated should be utilised to improve active transport (such as walking and cycling) accessibility to local centres, car park maintenance, and other community infrastructure.

The implementation of paid parking in the 6 local centres is an appropriate tool to increase turnover of medium term parking and thus improving compliance with existing timed restrictions. In the case of off-street car parks, gated parking management systems effectively provide 100% compliance as exiting is not granted without payment (if a fee is incurred).

integrated planning and reporting

THEME 4 - Access and connection to, from and within Ku-ring-gai provides safe, reliable and affordable public and private travel, transport and infrastructure.

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T2.1: The local road network is managed to achieve a safe and effective local road network.

T2.1.1: Safety and efficiency of the local road and parking network are improved and traffic congestion is reduced.

T2.1.1.1: Complete and implement a Parking Management Plan.

Governance Matters

Council’s ability to introduce a paid parking management system is governed by existing legislation and controls, namely:

Road Transport (General) Regulation 2013

· sets out the provisions for the implementation of paid parking and other parking management schemes;

· requires approval for parking changes by the Local Traffic Committee; and

· reg. 83 permits the Authority (RMS) to establish paid parking guidelines.

RMS Pay Parking Guidelines

· requires that a study be carried out applying to the areas concerned and accompany any application for approval to the relevant authorities or committee; and

· for Council as a parking authority, fees may be fixed by Council resolution, but should also follow pricing principles.

RTA (RMS) “A guide to the delegation to councils for the regulation of traffic”

· establishes council powers to implement, remove or modify parking restrictions; and

· requires RMS approval within 1km of designated train stations (Gordon and Lindfield only).

Austroads Guide to Traffic Management Part 11: Parking (2013)

· provides guidelines and commentary on paid parking and suggested locations for implementation.

Risk Management

Various factors exist that are likely to increase and decrease the demand for parking within Ku-ring-gai, including:

· population growth;

· mode shift towards active transport modes;

· nature of future residential densification; and

· emerging transport technologies.

Overall, changes to parking in the future are difficult to quantify for Ku-ring-gai, and the Strategy assumes that on balance, no significant change to existing demands will occur.

The most significant risk to Council is if car parking (existing and new) continues to be managed and enforced with the current tools. Turnover is unlikely to improve dramatically even with additional enforcement resources, resulting in decreased parking availability and increased congestion as demand for parking increases. Retail centres would continue to be impacted by inadequate turnover and congestion, which would in turn impact on amenity and viability.

Financial Considerations

While the main objectives of the Strategy are to improve turnover of parking spaces, manage the demand for parking and help meet mode share targets, revenue will inevitably be generated as a result of users staying longer than the free period. Any revenue raised in major projects car parks would be directed to fund the operational expenses associated with those assets, while revenue from other car parking assets (existing off-street car parks and on-street parking) could be directed to fund car park maintenance and other community infrastructure such as public domain improvements.

In terms of an operational/ownership model, several are available to be implemented, but unless Council has the existing resources and capabilities to operate an off-street car park, private operators would be better equipped and able to provide a lower cost and more reliable service to Council. It will only be possible for Council to meet the operating costs of the new major project car parks with the introduction of paid parking within those projects.

Social Considerations

When considering the social impacts of paid parking, the key considerations have been given to access to parking and equity. Local centres provide a mix of convenience, retail, entertainment and essential services. They are also places where people live and work and as such, the importance of making them accessible to the community is paramount.

Currently, the whole Ku-ring-gai population contributes (indirectly) to the funding of parking provision, maintenance and enforcement parking, whether they drive or not. Implementation of a parking management solution incorporating paid parking to fund these functions also provides the opportunity to reduce the indirect financial burden on those who do not drive.

Environmental Considerations

A parking management solution incorporating paid parking has the potential to shift journeys to the local centres from vehicle travel to other forms of transport (walking, cycling, public transport), as well as reduce traffic caused by vehicles circulating looking for parking spaces. This would reduce emissions, improve air quality and overall amenity in the local centres.

Community Consultation

No community consultation has been undertaken to date. If this report is adopted by Council, Stage 1 consultation will commence with exhibition of the Parking Management Report for a period of 28 days to give the community an opportunity to comment. Comments received and a recommendation for next steps in the consultation process will then be reported back to Council.

Internal Consultation

Extensive internal consultation has been undertaken to date, including Councillor and GMD workshops, where staff from Regulatory Services, Traffic Operations, Strategy and Communications participated.

Summary

On 14 November 2017, Council resolved to endorse the investigation of paid parking as a funding mechanism and parking management solution across all the local centre projects. Staff engaged Traffic Consultants to develop a parking management strategy as a holistic solution across the local centres, including the proposed local centre major projects.

Based on the characteristics of the local centres, the implementation of paid parking throughout the 6 local centres was found to be an appropriate tool to increase turnover of medium term parking and thus improve compliance with existing timed restrictions and availability of short stay car spaces for the use they are intended, such as shopping. Also, the report found that the introduction of paid parking as a funding mechanism for the provision of new (major project) parking facilities should be supported.

Recommendation:

A. That Council exhibits the Parking Management Strategy for 28 days.

B. That community feedback from the exhibition is collated and reported back to Council including a recommendation for the next stage of community engagement.

Joseph Piccoli

Strategic Traffic Engineer

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:

Paid Parking Strategy

Confidential

Ordinary Meeting of Council - 16 October 2018	GB.11 / 86

Item GB.11	RFT20-2018/R

Lindfield Village Green RFT20-2018

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the Tenders received for Tender No.20-2018 - Lindfield Village Green – Detailed Design and to seek approval to carry out the actions outlined in the recommendations A to E.

background:	The Lindfield Village Green (LVG) project converts an at-grade carpark to an underground carpark creating a new “Village Green” for Lindfield. A section 96 application for a three level basement was approved by the Sydney North Planning Panel on 1 August 2018. Council previously held an EOI and approved pre-qualification of a panel of Design Consultants. This report covers the call for tender (following the EOI) for Detailed Design to document the LVG in preparation for tendering for construction of the project.

comments:	Tender documents were released through Tenderlink on 23 August 2018 and closed 18 September 2018. Two (2) submissions have been received. The submissions were reviewed using the published criteria.

recommendation:	In accordance with Clause 178 of the Local Government Tendering Regulations, it is recommended that Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

Purpose of Report

To advise Council of the Tenders received for Tender No.20-2018 - Lindfield Village Green – Detailed Design and to seek approval to carry out the actions outlined in the recommendations A to E.

Background

At its meeting of 14 November 2017, Council in part, resolved:

A. Council amends the project design to incorporate three (3) levels of parking including a minimum of 136 short stay spaces.

In response to this resolution, documentation of the three level basement design was carried out and a Section 96 amendment to the DA was lodged on 28 February 2018. Approval of the revised design was granted by the Sydney North Planning Panel on 1 August 2018.

Previously, at the Ordinary Council Meeting of 8 August 2017, concerning pre-qualification of a panel of Architects through an Expression of Interest process (EOI 11-2017 Design Consultant Services), Council resolved:

A. That Council accept the submissions from the selected applicants as set out in the Tender Evaluation Report (Confidential attachment A1) to be part of a pre-qualified panel that will then be given the opportunity to enter “Select tender” and “quotation” processes, which will include financial bids, in order to be awarded design consultancy projects.

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

This report deals with a tender conducted with the approved pre-qualified panel following

EOI 11 – 2017.

Comments

Two (2) tenders were received and recorded in accordance with Council’s tendering policy. In alphabetical order, tenders were received from the following companies:

· DEM Aust Pty Ltd

· McGregor Coxall Pty Ltd

A Tender Evaluation Committee (TEC) consisting of staff from the Operations Department and Strategy and Environment Department was formed to assess the tenders received. The evaluation took into account:

· conformity of submission;

· appreciation of the task;

· company and staff experience; and

· value for money.

integrated planning and reporting

Places, Spaces and Infrastructure - P4 Revitalisation of our centres

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 centres are being progressively implemented and achieve quality design outcomes in collaboration with key agencies, landholders and the community.

P4.1.4

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

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

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

Tender documents were released through Tenderlink on 23 August 2018 and closed 18 September 2018. At the close of tender, two (2) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Committee consisting of staff from the Operations Department and Strategy and Environment Department reviewed the two (2) tenders received. The process was overseen by a Probity Adviser from the Contracts & Procurement Department.

The Confidential Attachment A1 to this report includes the list of tenders received and the TEC’s comments and recommendation. The attachment is considered to be confidential in accordance with Section 10A (2)(d)(iii) of the Local Government Act as they are considered to contain commercial in confidence information.

Risk Management

Due to the recommendation that one (1) submission be rejected leaving only one (1) conforming tender, financial comparison of both tenders was carried out so that ‘value for money’ could be ascertained.

TfNSW

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.

It is proposed to have the capital contribution funding from TfNSW finalised just prior to Council entering into the 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.

Nonetheless, given the cost of the next (detailed design) consultancy, Council Directors are currently negotiating to confirm TfNSW’s capital contribution so as to avoid the project failing at the time of contract for construction. Council is also reviewing options for a three (3) level basement wholly funded by Council should TfNSW opt out of the project. These options are explained in the Appendix to the Tender Evaluation Report (Attachment A1).

Financial Considerations

This project is identified in Council’s Long Term Financial Plan and listed in Council’s Revised Delivery Program 2018 - 2021. The Operational Plan 2018 - 2021 identifies funds in the Capital Works Program & Operational Projects 2018/2019 and 2019/2020; the funds allocated will be adequate to complete the work proposed to be undertaken as part of Tender No. 20-2018 - Lindfield Village Green – Detailed Design.

Social Considerations

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

Environmental Considerations

There are no environmental issues arising from this report. 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 process.

Internal Consultation

GMD is the project owner and sponsor of the project.

The Major Projects Steering Group has been informed and has regular input into advancement of the project.

Summary

Council, as part of the ‘Activate Lindfield’ Program, approved funding for the Lindfield Village Green project.

Following EOI11 -1017, tender documentation was produced with tenders being called on 23 August 2018 and closed 18 September 2018.

At the close of tender, two (2) tenders were received.

All submissions were recorded and reviewed in accordance with Council’s tendering policy. Following the evaluation, it is recommended that Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

Recommendation:

A. That Council authorise award of the tender to tenderer ‘A’ as identified in the Confidential Attachment A1 to this report.

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

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

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

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:

Tender Evaluation Report

Confidential

Ordinary Meeting of Council - 16 October 2018	GB.12 / 91

Item GB.12	CY00066/10

Easement over Council land at Killara - residential apartment development at 4-8 Marian Street Killara

EXECUTIVE SUMMARY

purpose of report:	To consider a report for the creation of an easement over Council land for stormwater drainage purposes required by the adjoining landowner at 4-8 Marian Street Killara.

background:	On 19 June 2018, Council and Amber Sydney Apartments Pty Ltd (the Applicant) reached an agreement in the Land and Environment Court pursuant to a section 34(3) conciliation conference for the approval of DA0403/17. Approval was conditional on the Applicant meeting a number of deferred consent conditions including obtaining Council’s approval for the creation of an easement to enable the Applicant to connect into Council’s existing stormwater drainage infrastructure which is situated on 2 Marian Street, Killara at the rear of the car park of the Marian Street Theatre.

comments:	The Applicant has lodged an application seeking Council’s approval to connect and drain water into Council’s stormwater drainage system. The easement, if approved, will burden Council’s land (Lot A DP 329637) and benefit the Applicant’s land (Lots 1 and 2 DP 302992). The proposed easement will not impact on Council’s proposed plans for the Marian Street Theatre.

recommendation:	That Council approve of the creation of an easement on Council land on the terms set out in this report.

Purpose of Report

To consider a report for the creation of an easement over Council land for stormwater drainage purposes required by the adjoining landowner at 4-8 Marian Street Killara.

Background

On 19 June 2018, Council and Amber Sydney Apartments Pty Ltd (the Applicant) reached an agreement in the Land and Environment Court pursuant to a section 34(3) conciliation conference for the approval of DA0403/17 which involves the demolition of two dwellings and the construction of a residential flat building comprising 31 apartments and 45 basement car spaces with 14 of the apartments being for affordable housing.

Approval was conditional on the Applicant meeting a number of deferred consent conditions including:

20A. Creation of Drainage easement

Prior to the operation of the consent, the Applicant shall obtain a resolution from Ku-ring-gai Council as the property owner that it will consent to the creation of a new drainage easement over Lot A in DP 329637 (Council Carpark) which benefits private land at 4-8 Marian Street, Killara.

A full hydraulic design for the pipe is to be prepared in accordance with the requirements of Part 24 of Ku-ring-gai Development Control Plan and submitted to Council with the application and the relevant fees. The design must be suitable for construction.

Details are to be included to confirm the following:

 A new surface inlet pit is to be provided over Council’s existing stormwater drainage pipeline at a minimum distance of 4 metres from the trunk of the Liquidambar styraciflua (Liquidambar) located on the western boundary of no. 2 Marian Street.

 The new 225mm diameter pipe within the new easement is to be located at a minimum distance of 4 metres from the trunk of the Liquidambar styraciflua (Liquidambar) located on the western boundary of no. 2 Marian Street. The trench shall be carried out using directional drilling methods or hand digging within a minimum distance of 6 metres from the trunk of the Liquidambar. No roots greater than 50mm in diameter are to be severed or damaged.

 Provide a longitudinal section of the new easement and associated pipeline.

 Demonstrate how the overland flow is collected and conveyed as to not be directed towards adjoining and downstream properties.

Council’s resolution is required for the creation of the easement and is to be obtained prior to the operation of the consent. Such approval is not guaranteed and conditions may be imposed including commercial consideration/compensation for the creation of the easement in accordance with Council’s Easement Management Policy.

Reason: To protect the environment and Council's assets.

The most accessible stormwater drainage system is Council’s existing inter-allotment drainage easement which is currently located on the car park at the rear of the Marian Street Theatre. A sketch plan which shows the proposed location of the new easement and Council’s existing drainage system is at Attachment A1. Final siting and location of the easement will be subject to Council approval.

As will be noted from the sketch plan, the proposed location of the easement will not impact on Council’s plans for the Marian Street Theatre which is largely constrained due the location of a mature Sydney Blue Gum (Eucalyptus saligna) some 8 metres from the rear of the theatre. The proposed easement is approximately 5 metres further distant on the southern side of the tree towards the rear of the car park away from the area of the theatre that can be developed.

The Applicant has made formal application for the easement over Council’s land (Attachment A2). The Applicant has been advised of Council’s terms to progress the creation of the easement, has paid the required application fee, and has provided written confirmation agreeing to Council’s requirements as set out in Council’s adopted Easement Management Policy.

Comments

The proposed location of the proposed new easement has taken into account Council’s future plans for the Marian Street Theatre. Impacts on the adjoining car park, tree roots and other engineering and hydraulic factors have also been considered. The exact path and location of the easement is, however, to be subject to Council’s final approval.

The Applicant will be responsible for all costs associated with construction and connection to Council’s drainage system, including re-instatement and making good of the car park surface and/or damage to trees or vegetation. The Applicant will also need to meet all Council’s costs associated with the easement including legal and valuation fees and the payment of compensation for the creation of the easement on Council’s community land (Confidential Attachment A3).

This report seeks Council’s approval to progress the application process and endorse the General Manager as the delegated authority to conclude negotiations regarding the precise location of the easement with the Applicant, and to finalise compensation for the creation of the easement based strictly on the valuation advice that Council has received from its expert independent Valuer.

integrated planning and reporting

Theme – Leadership and Governance - L2 Financial capacity and sustainability

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Council rigorously manages its financial resources and assets to maximise service delivery

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 is permitted to dispose, or deal with property, including easements, in accordance with the Local Government Act 1993.

2 Marian Street Killara is classified as community land and any interest in the form of a lease, licence or other estate, such as an easement, can only be granted pursuant to section 46(1)(b) of the Local Government Act 1993 by express authorisation in a plan of management.

The land is covered under the Generic Plan of Management for Car Parks which expressly authorises the grant of easements where Council is satisfied there is no reasonable alternative and the appropriate benefits are obtained for the community land and any adverse impacts on the surface or drainage is remediated at the cost of the holder of the easement. There is no practical alternate location for the easement and the cost to complete the works, remediate the site as well as pay compensation for the occupation of Council’s Community Land will be borne by the Applicant along with all costs associated with the creation of the easement.

Council can only approve of the creation of an easement on Council land by a resolution of Council.

Council’s adopted Easement Management Policy outlines processes and requirements for both internal and external parties. The Applicant has been made aware of Council’s requirements and negotiations between the parties in relation to this application have been consistent with the terms of the policy.

The commercial terms, being the amount of compensation payable by the Applicant for the creation of the easement, has been assessed by an independent Valuer commissioned by Council, ensuring transparency and a commercial based outcome for Council.

Risk Management

Subject to Council’s resolution to grant an easement, the appropriate legal documentation will be prepared or reviewed by Council’s solicitors.

Financial Considerations

The Applicant will be responsible for all costs associated with the creation of the easement, including but not limited to construction of new drainage works and site remediation, valuation, legal, survey, LRS lodgement and registration and payment of compensation to Council.

Council staff engaged an independent Valuer to assess fair compensation for the easement in accordance with the valuation methodology contained in Council’s Easement Management Policy and other valuation principles that generally apply to easements.

Social Considerations

Council and its officers have a responsibility to the community to only dispose of Council’s interests in property in an objective and fair manner.

Environmental Considerations

Consideration of the installation and connection of the proposed stormwater infrastructure has had regard to the presence of trees in the vicinity of the area and impacts on the car park and the final path and siting of the easement will be subject to Council approval.

Community Consultation

Public notification of the proposed easement for the purpose of pipes is exempt in accordance with Section 117 of the Local Government (General) Regulation 2005.

Internal Consultation

Consultation has been held with staff from Council’s Development and Regulation, Operations and Strategy and Environment departments. Specifically, a review of the easement’s proposed location was completed by Council’s property and projects staff to ensure the location will not impact on the future renewal of the Marian Street Theatre.

Summary

The Applicant seeks to create a stormwater easement that benefits 4-8 Marian Street Killara (Lots 1 and 2 DP 302992) over a portion of Council’s land at 2 Marian Street Killara (Lot A DP 329637)

The Applicant has been advised of Council’s requirements in relation to the grant of the easement and has paid the required application fee and submitted written confirmation agreeing to the requirements set out in Council’s adopted Easement Management Policy.

Council has an obligation to deal with property in a commercially transparent, fair and proper manner. As Council’s land is to be burdened, the Applicant will be required to pay “market based” compensation for the grant of the easement. The most objective manner for Council to ensure that this occurs is to negotiate compensation on the basis of independent expert valuation advice which Council staff have secured in this instance.

The Generic Plan of Management for Car Parks expressly authorises the grant of an easement to discharge stormwater and the Applicant is to meet all costs associated with the easement including the installation and connection, site remediation, the payment of compensation, legal, survey and valuation fees.

The proposed location of the proposed new easement has taken into account Council’s future upgrade of the Marian Street Theatre and the easement will not impact on those plans. Impacts on the adjoining car park, tree roots and other engineering and hydraulic factors have also been considered. The exact path and location of the easement is, however, to be subject to Council’s final approval.

Council’s approval is sought to endorse the General Manager or his delegate to conclude negotiations with the Applicant for the creation and siting of the easement including the payment of fair compensation based on the valuation advice from Council’s expert independent Valuer.

Recommendation:

A. That the General Manager or his delegate be authorised to negotiate Council’s requirements, including location and compensation for the creation of the easement over Council’s land at 2 Marian Street Killara (Lot A DP 329637).

B. That Council approves the creation of an easement on Lot A DP 329637 to benefit the Applicant’s land at 4-8 Marian Street Killara (Lots 1 and 2 DP 302992 - to be consolidated once the development is completed).

C. That the Mayor and General Manager be delegated authority to execute all documentation associated with the easement, including signing plans, administration sheets etc. and to affix Council’s Seal, if required.

Vince Rago

Property Program Co-ordinator

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Sketch plan of proposed easement	2018/290979
	A2	Application for Easement	2018/290911
	A3	Confidential Attachment A3 Valuation Report	Confidential

Ordinary Meeting of Council - 16 October 2018	GB.13 / 96

Item GB.13	FY00621

Monthly Project Status Report
September 2018

EXECUTIVE SUMMARY

purpose of report:	To provide Council with the Project Status Report for September 2018.

background:	On 22 May 2018, a Notice of Motion was considered by Council regarding the development of a monthly Project Status Report.

comments:	The Notice of Motion noted that while projects are reported to Council and the community through a number of other reports, the frequency of monthly reporting is a more reliable and recurring method to update Council and the community

recommendation:	That Council receive and note the Project Status Report for September 2018.

Purpose of Report

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

Background

On 22 May 2018, a Notice of Motion (NOM) was considered by Council regarding the development of a monthly Project Status Report. As a result, Council resolved the following;

A. That a Capital and Operational Projects Report is to be tabled at an ordinary meeting of council each month. The reporting will commence in FY19 with a report for the period of July 2018.

B. That the report should include any progress made in the month as well as a progress summary for the financial year to date. Where there has been no progress in the month, it is acceptable to acknowledge that nothing has progressed. And where a project has yet to commence, it is acceptable to note the expected start date.

C. That council staff may use their discretion in deciding whether any additional columns of information should be presented.

D. That the reported projects should include, but are not limited to, those that are mentioned in Council’s Delivery Program and Operational Plan. For brevity, council staff may choose to aggregate some projects or set a reasonable threshold for reporting purposes.

E. That the current and historical monthly reports should be easily found on the Ku-ring-gai Council website (i.e. not just through searching council agenda items). One possibility is to create a page for the monthly Capital and Operational Projects Reports under “Current works and upgrades”.

F. That after the first six months of the report, the Councillors and Directors should discuss whether the frequency of the report should be adjusted.

In accordance with Part A of the resolution above the attached report is for the period September 2018. (Attachment A1)

Comments

Reporting on projects is currently undertaken through:

· Quarterly Financial Reports;

· Bi-annual reports on the progress of the Delivery Program & Operational Plan; and

· Annual Report.

The NOM noted that while projects are reported to Council and the community through these statutory reports, the frequency of monthly reporting is a more reliable and recurring method to update Council and the community.

The NOM guided the report structure and content for the monthly Project Status Report which Council staff has prepared based on the following criteria:

· Capital projects delivering community/public infrastructure;

· Threshold applied to total budget per project – greater than or equal to $250k;

· No operational projects are included; and

· Any specific project that Councillors wish to be included in the report.

integrated planning and reporting

Leadership & 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.

Business papers and associated minutes are published in an accurate and timely manner for public scrutiny and to encourage community participation.

Governance Matters

The Project Status Report will be submitted to Council the first meeting following the end of each month. This will ensure progress during the relevant month is captured within the Project Status Report.

Risk Management

The Project Status Report is not generated through Council’s corporate information and financial systems. As such, it is reliant of key staff to provide input and to critique.

The Project Status Report will be reviewed by the relevant Director and the General Manager prior to reporting to Council.

Financial Considerations

There are no financial implications associated with this report. The financial status, including allocated budgets of projects, is reported to Council through a range of statutory reporting:

· Delivery Program & Operational Plan , including adopted annual capital budget;

· Quarterly Budget Reports (projects proposed for budget adjustments);

· Bi-annual reports on the progress of the Delivery Program & Operational Plan; and

· Annual Report & Annual Financial Statements.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

General Manager and Directors, along with staff from Corporate, Operations and Strategy & Environment have contributed to the structure and content of the Project Status Report.

Summary

On 22 May 2018, a Notice of Motion (NOM) was considered by Council regarding the development of a monthly Project Status Report. Projects are reported to Council and the community through a number of other reports quarterly, bi-annually and yearly. However, the frequency of monthly reporting is to provide a more current and recurring method to update Council and the community.

The monthly Project Status Report has been prepared based on the following criteria:

· Capital projects delivering community/public infrastructure;

· Threshold applied to total budget per project – greater than or equal to $250k;

· No operational projects are included; and

· Any specific project that Councillors wish to be included in the report.

In accordance with Council’s resolution the attached report is for the period September 2018.

Recommendation:

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

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

George Bounassif

Director Operations

Andrew Watson

Director Strategy & Environment

John McKee

General Manager

Attachments:

Attachment for Report - Monthly Status Reporting - September 2018

2018/301333

Ordinary Meeting of Council - 16 October 2018	MM.1 / 22

Item MM.1	S07510

Ordinary Meeting of Council - 16 October 2018	MM.2 / 24

Item MM.2	S09970/5

Ordinary Meeting of Council - 16 October 2018	NM.1 / 100

Item NM.1	S11437