Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 26 February 2019 AT 7.00pm

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 Recommendation to accept selected tenderers for the Lindfield Village Hub project

In accordance with section 10(2)(d)(i)(ii)

Attachment A1: LVH - EOI28-2018 - Developer EOI - Evaluation Report - Final

Attachment A2: 20190208 OCM Updated Probity Certificate - LVH EOI

Attachment A3: MPAC Report - EOI Evaluation Review 12-2-2019

Attachment A4: KMC response to risks identified by MPAC in their report on the EOI process - 15 February 2019

GB.7 Audit, Risk & Improvement Committee - Selection of External Independent Members

In accordance with section 10(2)(a)

Attachment A1: ARIC Applicants

Attachment A2: ARIC EOI - Applications - External Independent Chair & Member

GB.8 RFT26-2018 Drainage Conditions Assessment using close circuit camera (CCTV)

In accordance with section 10(2)(d)(ii)(iii)

Attachment A1: Tender Assessment and Panel Recommendation

Attachment A2: Financial Assessment - Tenderer A

Attachment A3: Financial Assessment - Tenderer B

Attachment A4: Financial Assessment - Tenderer C

GB.10 NSW Department of Education - Joint Use Proposal - St Ives High School Indoor Sports Centre

In accordance with section 10(2)(d)(ii)

Attachment A5: St. Ives High School Indoor Sports Centre - Turner and Townsend - Cost Plan B report

Attachment A6: St Ives High School Indoor Sports Centre - Feasibility Study Remodel - Otium

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 8

File: S02131

Meeting held 12 February 2019

Minutes numbered 1 to 19

minutes from the Mayor

Petitions

GENERAL BUSINESS

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

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

GB.1 Recomendation to accept selected tenderers for the Lindfield Village Hub project 23

File: EOI28-2018

To seek Council's approval to invite a selected list of tenderers to tender for the Lindfield Village Hub project.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the list of companies recommended to be invited to tender for the development of Lindfield Village Hub project, attached in a confidential Evaluation Committee Report as Attachment A1

That Council approve that invitations to tender shall be issued to the companies recommended and endorsed by Council

GB.2 Investment Report as at 31 January 2019 30

File: FY00623

To present Council’s investment portfolio performance for January 2019.

Recommendation:

That the summary of investments performance for January 2019 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.3 Analysis of Land and Environment Court Costs - 2nd Quarter 2018 to 2019 38

File: FY00623

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2018.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2018 be received and noted.

GB.4 2018 - 2019 Budget Review - 2nd Quarter ended December 2018 45

File: S09112/8

To inform of the results of the second quarter budget review of 2018/19 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2018 to 31 December 2018.

Recommendation:

That the December 2018 Quarterly Budget Review and the recommended changes are received and noted.

GB.5 2019 National General Assembly of Local Government - Call for Motions 57

File: S02133

To inform Councillors of an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2019 National General Assembly (NGA) of Local Government.

Recommendation:

That:

A. Councillors provide any proposed motions for the 2019 National General Assembly of Local Government to the Manager Records & Governance by Thursday 14 March 2019, and that a further report providing details of any proposed motions be referred to Council at its meeting on 26 March 2019 for approval prior to submission to the ALGA.

B. Any Councillors interesting in attending the 2019 National General Assembly of Local Government notify the General Manager by 1 May 2019.

GB.6 Administration of the 2020 Local Government Election 61

File: S12290

To enter into an election arrangement with the NSW Electoral Commission for the 2020 Local Government election, in accordance with section 296AA of the Local Government Act 1993 (the Act).

Recommendation:

Ku-ring-gai Council (“the Council”) resolves:

A. pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

B. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

C. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

GB.7 Audit, Risk & Improvement Committee - Selection of External Independent Members 67

File: CY00458/7

To consider the appointment of candidates to the positions of External Independent Chair and External Independent Member of Council’s Audit, Risk & Improvement Committee.

Recommendation:

A. That Applicant 1 as listed in Attachment A1 be appointed as External Independent Chair of the Audit, Risk & Improvement Committee for a period of two years commencing from 1 March 2019.

B. That Applicant 2 as listed in Attachment A1 be appointed as External Independent Member of the Audit, Risk & Improvement Committee, for a period of one year commencing from 1 March 2019.

GB.8 RFT26-2018 Drainage Conditions Assessment using close circuit camera (CCTV) 71

File: RFT26-2018

To consider the tenders received for Drainage Conditions Assessment using Close Circuit Camera (CCTV) and appoint the preferred tenderer.

Recommendation:

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

GB.9 Delivery Program 2018-2021 and Operational Plan 2018-2019 Bi-Annual Report 76

File: FY00382/11

To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the six month period July to December 2018.

Recommendation:

That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the period July to December 2018, be received and noted.

GB.10 NSW Department of Education - Joint Use Proposal - St Ives High School Indoor Sports Centre 83

File: S11738

To update Council on the proposed joint use indoor sports centre at St Ives High School and obtain endorsement for signing the Statement of Intent with the Department of Education.

To allocate funds to allow design and documentation of the indoor sports centre to commence in 2018/2019.

Recommendation:

That Council notes the signing of the Statement of Intent with the Department of Education.

Council endorses signing the Greater Sydney Sports Facility Fund Funding Agreement.

That Council approves the funding required to complete the design and documentation for the two courts and car park in 2018/2019.

GB.11 Prospective Site for Hockey at Barra Brui Sportsground, St Ives 91

File: S12027

To update Council on the prospective site for hockey at Barra Brui Sportsground, St Ives.

Recommendation:

Being the applicant, Council provides consent to the Northern Sydney and Beaches Hockey Association to complete and sign the Draft Funding Agreement with the Office of Sport.

That Council advises NSBHA that the execution of funding provided by the Greater Sydney Sports Facility Fund for the proposed project is subject to the necessary approvals and community consultation processes.

That Council approves access to S94 funding (previously allocated to synthetic fields proposed at the former Nursery Site) of $1,116,814 to contribute towards environmental assessment, planning approvals, consultation, procurement and project management services of the project and any capital requirements arising for Council as the project is further defined.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Dissolution of Lindfield Village Hub Community Reference Committee 96

File: S10973-3

Notice of Motion from Councillor Spencer dated 15 February 2019

Background

The Lindfield Village Hub Community Reference Committee (hereinafter known as the “Committee”) was formed as a result of council resolution dated 9 October 2017. The motion was moved by Councillor Kelly and supported by the majority of councillors. Among other things, Councillor Kelly cited the following in that motion:

a) the community and the developers/sponsors would benefit from a dedicated team overseeing all aspects of these projects, providing a single point of contact and acting as a conduit for all parties to ensure projects stay on track and provide valuable transparency; and

b) they provide a valuable experiential opportunity for both Councillors and Council staff to interact with external stakeholders.

Material facts

1. Three Committee meetings have been held since its formation, that being 16 July 2018,
3 October 2018 and 12 December 2018.

2. A workshop was held with the Committee on 5 November 2018.

3. All members of the Committee attended the meetings in #1 except for an apology in a meeting.

4. Three members have not executed Council’s prescribed “Code of Conduct.” That being a condition precedent for admission as member in the Committee.

5. Certain members of the Committee are also members of other bodies with interest in the project development of Lindfield Village Hub (hereinafter known as “Project”).

Conclusion

It is submitted that the Lindfield Village Hub Community Reference Committee does not contribute to the progress of the Project, but rather, hinders its progress by providing an additional layer of bureaucracy. Particularly, the intent of certain members is incongruent to the object of the resolution passed on 9 October 2017, albeit a rigorous recruitment process.

In addition, it has been noted that some members of the Committee are members of other interest groups with conflicting interests. The practice of double-dipping (or forum shopping) could be seen as unfair to the community and poor governance.

I therefore move that:

1. The Lindfield Village Hub Community Reference Committee be dissolved immediately.

2. The General Manager (or Proper Officer) reports back to council within 60 days on whether a committee should be formed for the Project or not.

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, 12 February 2019

Present:

The Mayor, Councillor J Anderson (Chairperson)

Councillors J Pettett & C Clarke (Comenarra Ward)

Councillors C Szatow & P Kelly (Gordon Ward)

Councillors S Ngai (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillors D Greenfield & C Spencer (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (David Marshall)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Acting Director Development & Regulation (Corrie Swanepoel)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Records & Governance (Amber Moloney)

Minutes Secretary (Sigrid Banzer)

Senior Governance Officer (Stephen Kwok)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

Apologies

File: S02194

The General Manager advised that the Director Development & Regulation (Michael Miocic) is absent and that the Manager Development Assessment (Corrie Swanepoel) would be Acting Director Development & Regulation for this meeting.

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.

No Interest was declared.

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED COUNCIL

Resolved:

(Moved: Councillors Smith/Greenfield)

GB7. RFT30-2018 Construction of New Park Corner of Allan Avenue and Duff Street Turramurra

Attachment A1: RFT30-2018 List of tenders received, financial considerations and recommendations

Attachment A2: RFT30-2018 Weighted Evaluation Sheet – Signed

Attachment A3: Independent Financial and Performance Assessment

The above attachments are confidential under section 10(2)(d)(i) of the Local Government Act 1993.

CARRIED UNANIMOUSLY

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.10 - Ku-ring-gai Traffic Committee Meeting dates for 2019

Report by Director Operations dated 5 February 2019

GB.11 - Local Government Summit 2019

Report by Director Corporate dated 11 February 2019 and attachment.

Memorandums:

Refer QN.2. 30 October 2018 Potential paintball activity in Sheldon Forest

Memorandum from General Manager dated 15 January 2019 responding to a Question without Notice from Councillor Ngai at the Ordinary Meeting of Council held on 30 October 2018.

Refer GB.6 Monthly Project Status Report – December 2018

Memorandum from Director Operations dated 11 February 2019.

Reporting variations to development standards October to December 2018

Memorandum from Manager Development Assessment Services dated 17 January 2019.

CONFIRMATION OF MINUTES

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 4 December 2018

Minutes numbered 366 to 385

Resolved:

(Moved: Councillors Szatow/Greenfield)

That Minutes numbered 366 to 385 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the meeting.

CARRIED UNANIMOUSLY

MINUTES FROM THE MAYOR

2019 Australia Day Honours and Citizen of the Year Awards

File: S07765/10

Vide: MM.1

I am pleased to inform you that 18 Ku-ring-gai citizens, through their outstanding achievements and services to the community have been awarded 2019 Australia Day Honours.

We are very proud to have these dedicated and talented Australians as members of the Ku-ring-gai community.

I would like to read to you the names of these special Ku-ring-gai citizens and, on behalf of Council, congratulate them on their excellent contributions to Australian society.

Christopher Lee BENNETTS PSM of Wahroonga, for outstanding public service to transport in New South Wales

Dr Lester William BURGESS AM of Warrawee, for significant service to international agricultural research in the areas of plant pathology and biosecurity

Dr Ian Douglas COCHRANE OAM of Wahroonga, for service to people with a disability, and to education

Dr Christopher Peter DODDS OAM of Roseville, for service to medicine as an anaesthetist

Dr Craig Edgar DONALDSON AM of Lindfield, for significant service to medicine in the field of ophthalmology, and to professional eye health bodies

The Honourable Patricia Forsythe AM of St Ives, for significant service to business, and to the people and Parliament of New South Wales

Elaine Dorothy MALICKI OAM of Turramurra, for service to local government, and to the community of Ku-ring-gai

Neil Graham MARKS OAM of Wahroonga, for service to cricket

Professor Andrew John PITMAN AO of Pymble, for distinguished service to science as a leading researcher, particularly of climate systems and the environment

Emeritus Professor Roger Stuart PULVERS AM of Roseville, for significant service to Japanese literature and culture as a writer, translator and educator

Lois Dawn RASMUSSEN OAM of Pymble, for service to heritage preservation

Peter Richard SCHUTZ OAM of Roseville, for service to the agribusiness sector

Brian SEIDLER AM of Wahroonga, for significant service to the building and construction industry through professional organisations

John Neil SILVER OAM of Wahroonga, for service to community history

Lynette SILVER AM of Wahroonga, for significant service to the community through historical battlefield tours and commemorative services

Ian James STEWARD OAM of Wahroonga, for service to the community through the Anglican Church of Australia

Jane THORNTON OAM of Killara, for service to the community through social welfare organisations

John Robert WILCOX OAM of Roseville, for service to education

I also congratulate Ku-ring-gai Citizen of the Year winners for 2019:

Citizen of the Year - Lea James

Young Citizen of the Year - Melissa Li

Senior Citizen of the Year - Wal Knowles

Outstanding Service to the Community (Group) - Mirrabooka Singers

Outstanding Service to the Community (Group) - Community Aid Service Volunteers - Lifeline

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

Ku-ring-gai should be proud that it has citizens being recognised at the highest level for their selfless dedication, commitment and contribution to local, national and international communities.

Resolved:

A. That Council acknowledge the outstanding contribution made by these recipients of 2019 Australia Day Honours to the Ku-ring-gai community and to the well-being of our society.

B. That the Mayor write to the recipients on behalf of Council to congratulate them on receiving their award, including a copy of this Mayoral Minute

CARRIED UNANIMOUSLY

Vale Adrian Cox, former Mayor of Ku-ring-gai

File: CY00455/7

Vide: MM.2

It is my sad duty to inform Councillors and our community of the passing of former Mayor and Alderman Adrian Cox on the 10th January 2019 at the age of ninety.

Adrian Allaster (Mick) Cox, Late of Roseville Chase, was born on the 7th July 1928, the elder son of Dudley and Noel.

Mr Cox served as Mayor of Ku-ring-gai between 1963 and 1964, at a time when Ku-ring-gai and the Council was experiencing a period of change and growth.

By this date Australia was in the midst of a sustained building boom that had begun in 1955. Between 1928 and 1959 Ku-ring-gai’s population had increased from 26,500 to 63,000 and the number of dwellings had increased from 5,600 to 17,000. The Council’s administration building needed to expand to accommodate the new staff required to look after Ku-ring-gai’s booming population.

In October 1962 the Council’s administration building was first extended on the western side. It was at this time that Gordon Library also relocated from the Council Chambers.

Mayor Cox was an alderman during construction of the Chambers extension and as a practicing architect, took a keen interest in the process.

He was at the organisation’s helm when in late 1963 the Council was awarded the A.R. Bluett Memorial Award, the first time in its history that Ku-ring-gai had received the prestigious award for local government excellence. The reasons cited for awarding Ku-ring-gai Council the plaque were to acknowledge the manner in which it conducted its affairs and to congratulate it on conversion of the old council chambers to the chambers that we sit in to this day.

We thank and acknowledge Adrian Cox for his devotion to the Ku-ring-gai community and his service to Council. I express my condolences to his family – widow Janette, sons Allaster and William and grandchildren, Davina, Ariana and Hamish. May he rest in peace.

Resolved:

A. That the Mayoral Minute be received and noted.

B. That we stand for a minute’s silence to honour Adrian Cox

C. That the Mayor write to Adrian Cox’s family and encloses a copy of the Mayoral Minute.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Minutes of Audit, Risk & Improvement Committee meeting held on 27 September 2018

File: CY00458/6

Vide: GB.1

To provide Council with a copy of the Minutes of the Audit, Risk & Improvement Committee meeting held on 27 September 2018.

Resolved:

(Moved: Councillors Szatow/Ngai)

Council receives and notes the report.

CARRIED UNANIMOUSLY

Investment Report as at 30 November 2018

File: FY00623

Vide: GB.2

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

Resolved:

(Moved: Councillors Szatow/Greenfield)

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

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

CARRIED UNANIMOUSLY

Investment Report as at 31 December 2018

File: FY00623

Vide: GB.3

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

Resolved:

(Moved: Councillors Szatow/Greenfield)

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

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

CARRIED UNANIMOUSLY

Business Approved under Authority Delegated to the Mayor, Deputy Mayor and General Manager for the January - December recess period 2018/2019

File: CY00259/11

Vide: GB.4

To inform Councillors of any business approved under delegated authority during the 2018/19 recess period.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council receives and notes the report.

CARRIED UNANIMOUSLY

Parking fine concessions

File: CY00040/10

Vide: GB.5

For Council to consider the NSW State Government’s suggestion for local government to reduce parking fine monetary penalties by 25%.

Resolved:

(Moved: Councillors Szatow/Greenfield)

1. That Council maintain all penalties in accord with the Regulations as prescribed under individual Acts of Legislation and the NSW Fixed penalty Handbook as published by Finance NSW each year.

2. That Council write to the Treasurer and Minister for Industrial Relations advising him that Council will not be participating in the discount scheme.

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

Against the Resolution: Councillor Kay

Monthly Project Status Report - December 2018

File: FY00621

Vide: GB.6

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

Resolved:

(Moved: Councillors Szatow/Kelly)

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

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

CARRIED UNANIMOUSLY

RFT30-2018 Construction of New Park Corner of Allan Avenue and Duff Street Turramurra

File: RFT30-2018

Vide: GB.7

To consider the tenders received for the construction of the new park at the Corner of Allan Ave and Duff Street Turramurra and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the construction of the new park at the corner of Allan Avenue and Duff Street Turramurra.

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 Council’s decision in accordance with Clause 178 of the Local Government Tendering Regulation

CARRIED UNANIMOUSLY

Draft Policy for Drone (Remotely Piloted Aircraft) Operations - Public Submissions

File: CY00473/6

Vide: GB.9

To report to Council the results of the public exhibition of the Draft Policy for Drone (Remotely Piloted Aircraft) Operations prior to finalising the document as policy.

Resolved:

(Moved: Councillors Szatow/Ngai)

That Council adopts the finalised Policy for Drone (Remotely Piloted Aircraft) Operations (Attachment A1).

CARRIED UNANIMOUSLY

Ku-ring-gai Traffic Committee
Meeting dates for 2019

File: CY00022/11

Vide: GB.10

To seek approval for the postponement of the Ku-ring-gai Traffic Committee meeting scheduled for Thursday 21 February 2019.

Resolved:

(Moved: Councillors Ngai/Clarke)

A. That the scheduled meeting of Thursday 21 February 2019 for the Ku-ring-gai Traffic Committee meeting be postponed till Thursday 28 February 2019.

B. That advanced notice be given to all parties.

CARRIED UNANIMOUSLY

Local Government Summit 2019

File: CY00043/11

Vide: GB.11

To inform Councillors of the Local Government Summit 2019 being held on 11 and 12 April 2019 at Novatel Darling Harbour.

Resolved:

(Moved: Councillors Ngai/Pettett)

That any Councillors wishing to attend the Local Government Summit 2019 notify the General Manager as soon as possible (to take advantage of the super early bird rate) or no later than 8 March 2019 (to book at the early bird rate).

CARRIED UNANIMOUSLY

Planning Proposal to heritage list 149 Livingstone Avenue Pymble

File: S11437

Vide: GB.8

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

M Weatherley

S Nelson

G Sweeney

N Dawson

A Batterby

For Council to consider the advice of the Ku-ring-gai Local Planning Panel on the Planning Proposal to heritage list 149 Livingstone Avenue, Pymble.

Resolved:

(Moved: Councillors Szatow/Smith)

A. Council notes the Ku-ring-gai Planning Panel’s advice;

B. Council refers the Planning Proposal to heritage list 149 Livingstone Avenue, Pymble to the Department of Planning and Environment for a Gateway Determination;

C. That Council request the Minister to extend the Interim Heritage Order until the Gateway determination has been completed.

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

Against the Resolution: Councillor Spencer

Motions of which due Notice has been given

Advanced Notice on Agenda Items

File: CY00368/9

Vide: NM.1

Notice of Motion from Councillor Ngai dated 4 February 2019

Section 232(1)(b) of the Local Government Act 1993 requires councillors to make considered and well informed decisions as a member of the governing body.

For well informed decisions to be made, it is good to give councillors adequate time to familiarise with each issue. Simple issues can be assessed quickly. Complex or sensitive community issues may require days or weeks of independent research and community consultation.

Sometimes councillor briefings on complex issues are scheduled weeks in advance of the council meeting and that is to be commended. It allows enough time for independent research to be carried out.

However, there are other times when councillors are first made aware of a complex or sensitive community issue just five business days before the Ordinary Meeting of Council (or even less time if it is a late agenda item). In these cases, briefings on complex issues are scheduled just two hours before the meeting, and it provides little time for councillors to then conduct further research.

In the corporate sector it is common practice for boards and board-committees to produce a rolling 12 month calendar that forecasts the agenda items of each future meeting. This provides decision makers with adequate notice to plan their time and undertake thorough research.

To enhance Council’s ability to make well informed decisions, I propose that a similar practice is adopted for the Ordinary Meeting of Council. A potential layout for what I am proposing is found in Attachment A1.

I move:

A. That Council staff produce a rolling 12 month calendar of agenda items for the Ordinary Meeting of Council (OMC). The calendar should list the timing of anticipated one offs as well as periodic monthly / quarterly / annual decisions.

B. That the OMC agenda item calendar should be an internal document that is distributed to Councillors via email.

C. That the OMC agenda item calendar should be distributed every 2-3 months, and that the first calendar should be distributed in March 2019.

D. That as part of providing a rolling 12 month view, council staff should also identify tentative meeting dates for 2020.

Councillors Greenfield and Szatow moved a procedural motion asking the Mayor to seek a vote on the matter as there had been 2 speakers for and 2 against.

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

Against the Resolution: Councillor Pettett

Resolved:

(Moved: Councillors Ngai/Pettett)

B. That the OMC agenda item calendar should be an internal document that is distributed to Councillors via email.

C. That the OMC agenda item calendar should be distributed every 2-3 months, and that the first calendar should be distributed in March 2019.

D. That the tentative OMC agenda item dates are not binding. There is flexibility for timeframe changes as well as flexibility for unforeseeable agenda items to appear on short notice.

E. That as part of providing a rolling 12 month view, council staff should also identify tentative meeting dates for 2020.

For the Resolution: Councillors Ngai, Pettett and Kelly

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

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST.

QUESTIONS WITHOUT NOTICE

Advance notice of items from GMD

File: CY00368/9

Vide: QN.1

Question Without Notice from Councillor Sam Ngai.

Councillor Ngai: It was discussed very recently that at GMD items are notified about 6 weeks in advance. Is there an opportunity for Councillors, not just the Mayor, to have that heads-up that something is going to happen 6 weeks in advance?

General Manager: Madam Mayor and Councillors, that’s a document that’s produced internally by the Governance staff. It’s not confidential, I’ve got no issue with it going internally to Councillors, only to note again that discussions that I have with my directors at GMD weekly often result in many changes to those agendas, either the reports, we’re not happy with the quality of the report, there’s too much on one agenda or not enough on the next so we try to balance so we don’t have huge meetings and short meetings. No problem giving it to you, it will be what’s indicative of what’s in the pipeline for 6 weeks but again with the rider that it will be subject to change.

Mayor: However I don’t think staff necessarily need to take action on something via a questions without notice that we’ve really just debated and has not been carried.

Road sweepers - Holiday period

File: S02528

Vide: QN.2

Question Without Notice from Councillor Cedric Spencer.

Councillor Spencer: Do road sweepers or the contractors that does those sweeping go on leave during the holiday? Apparently, there’s been none until the end of January or early February at some of the major or minor roads were swept and I have been advised that they went on leave.

Director Operations: I believe the sweepers have worked through that period. I will take that question on notice and formally draft a response. To say that all the street sweepers have GPS units in them so we can track where the units were at a particular time. We will run a report and I will formally respond.

List of Potential Agenda Items

File: CY00368/9

Vide: QN.3

Question Without Notice from Councillor Donna Greenfield.

Councillor Greenfield: With the list that you will be providing of potential items that may come onto the agenda. I’d just be a little concerned that if someone got that list they may ask Council to produce reports or do investigations etc. when those items may change or something may happen so how would we be able to manage that so we didn’t have council staff doing unnecessary work if those things aren’t coming to Council for a period of time.

General Manager: I’ll take that question on notice as well together with Cr Ngai’s which is associated to it. I mean from the top of my head it will clearly have to be marked internal and confidential for starters. As I say, it is a list that we produce anyway and we review but it’s subject to change. Happy to do it but I’m saying that it’s internal and don’t hold us to it because it’s just a list that we use as a basis for compiling Council agendas.

The Meeting closed at 8.02pm

The Minutes of the Ordinary Meeting of Council held on 12 February 2019 (Pages 1 - 3) were confirmed as a full and accurate record of proceedings on <Insert confirmation date …>.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 26 February 2019	GB.1 / 23

Item GB.1	EOI28-2018

Recomendation to accept selected tenderers for the Lindfield Village Hub project

EXECUTIVE SUMMARY

purpose of report:	To seek Council's approval to invite a selected list of tenderers to tender for the Lindfield Village Hub project.

background:	Council at 26 June 2018 OMC, resolved to pursue an expression of interest (EOI) from the market in or around October 2018. The tender was to be conducted using the selective tender process conducted in accordance with section 55 of the Local Government Act 1993 (NSW), whereby invitations to tender for a particular proposed contract are made following a public advertisement asking for expressions of interest. Council at 25 September 2018 OMC, resolved to issue to market EOI28 2018, to seek suitably qualified and experienced tenderers for the development of Lindfield Village Hub project. The EOI was issued to the market on 2nd October 2018 and closed on 2 November 2018.

comments:	Eighteen (18) Submissions were received expressing interest in the project. The submissions were assessed against criteria established and adopted by Council on 14 August 2018 OMC.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the list of companies recommended to be invited to tender for the development of Lindfield Village Hub project, attached in a confidential Evaluation Committee Report as Attachment A1 That Council approve that invitations to tender shall be issued to the companies recommended and endorsed by Council

Purpose of Report

To seek Council's approval to invite a selected list of tenderers to tender for the Lindfield Village Hub project.

Background

Council at 26 June 2018 OMC, resolved to pursue an expression of interest (EOI) from the market in or around October 2018.

The tender was to be conducted using the selective tender process conducted in accordance with section 55 of the Local Government Act 1993 (NSW), whereby invitations to tender for a particular proposed contract are made following a public advertisement asking for expressions of interest.

Council at 25 September 2018 OMC, resolved to issue to market EOI28 2018, to seek suitably qualified and experienced tenderers for the development of Lindfield Village Hub project. The EOI was issued to the market on 2nd October 2018 and closed on 2 November 2018

Comments

Outline of the EOI

The purpose of the Invitation for Expression of Interest (Invitation) was to invite parties (including consortia) (Respondents) to provide Council with an expression of interest (EOI) to assist Council to deliver the Project, including by addressing the matters required by the Invitation.

The Evaluation Committee evaluated each submission with a view to shortlisting Respondents that it considered could fulfil the requirements to participate in subsequent stages of the procurement process, which will be conducted in accordance with section 55 of the Local Government Act 1993 (NSW) and the associated provisions of the Local Government (General) Regulation 2005 NSW).The

EOI requested expressions of Interest from developers to assist Council to deliver the Lindfield

Village Hub.

Further information and an outline of the EOI is contained in the confidential Evaluation Committee Report, attached as a confidential Attachment A1.

EOI Evaluation Committee

An evaluation committee was established to oversee the EOI process and evaluate the submissions received. The Evaluation Committee consisted of the following members:

· Craig Calder, Chair (Consultant, Major Projects)

· Geoffrey Douglas (Group Lead, Major Projects)

· David Marshall (Director, Corporate)

· Juliet Byrnes (Development Manager, Major Projects)

· Ben Hann (Project Manager, Major Projects

All members of the Evaluation Committee have confirmed that they do not have a conflict of interest in this project and have signed the confidentiality deed.

The Evaluation Committee was advised by expert advisors, as follows:

· Minter Ellison - Legal Advice and Overview.

· O’Connor Marsden - Probity Advice and Overview.

· CBRE - Commercial Transaction Advice.

· Allen Jack + Cottier - Technical Advice.

Evaluation of EOI’s

Submissions were assessed against the weighted selection criteria as follows:

Evaluation Criteria Description	% weighting
Financial capacity	25%
Specific experience and capacity	25%
Project Vision	20%
Understanding of Council’s Project Objectives, community and key stakeholders	15%
Market Appreciation	15%

EOI’s received and summary of submissions

EOI Submissions were received from the following eighteen Companies and Consortia (listed in alphabetical order):

1. Aqualand Developments Pty Ltd

2. Citta Property Group

3. CountryGarden Australia

4. EQ Projects Pty Ltd AFT EQ Services Trust

5. Fabcot Limited (Woolworths Ltd)

6. Frasers Property Australia

7. John Holland

8. Landream Management Trust

9. Lotus Development MGT Pty Ltd

10. Mark Moran Group Pty Ltd

11. Mirvac Residential (NSW) Developments Pty Ltd

12. Morton Street Development Pty Ltd

13. Pindan Capital

14. Planum Partners Pty Ltd

15. Platino Properties

16. Poly (Australia) Real Estate Development Pty Ltd

17. Traders in Purple Pty Ltd

18. Waterbrook Bowral Pty Ltd

Evaluation

All eighteen submissions were received before the closing time and were scored against the evaluation criteria.

The Evaluation Committee met on the following dates:

· 5 November 2018 – Review timeline and inform the committee of the electronic file location of the Submissions and recap of the evaluation process.

· 15 November 2018 – Initial presentation from the external advisors on their review progress and identification of questions on the submissions.

· 22 November 2018 – Updated presentation by external advisors from their review of the Submissions.

· 26 November 2018 – Evaluation timeline reviewed and extended to ensure that all submissions were given suitable time to be reviewed.

· 6 December 2018 – Initial scoring by Evaluation Committee.

· 13th December 2018 – Final scoring by Evaluation Committee. Final questions. Identification of recommended shortlist.

Probity

OCM (Probity Advisor) has provide certification of compliance with the policy and legislative

framework applicable to local government procurement, being the Tendering Guidelines for Local

Government, Section 55 of the Local Government Act 1993 and Part 7 of the Local Government

(General) Regulation 2005. The OCM Certificate is attached as a confidential Attachment A2

Major Projects Advisory Committee (MPAC)

On the 30 January 2019, MPAC met to review the EOI process. The MPAC Report dated 12 February 2019 is attached as a confidential Attachment A3. The MPAC report highlights a number of risk and opportunity matters that have been addressed in the Major Projects Team response, which is attached as confidential Attachment A4.

Evaluation Outcome

The EOI Report containing the list of companies that are recommended to be invited to tender is attached as an Evaluation Committee Report in a confidential Attachment A1.

integrated planning and reporting

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

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

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

Assessment criteria was established and adopted by Council on 14 August 2018 OMC.

It was further resolved on 25 September 2018 OMC, to issue to market EOI28 2018, to seek suitably qualified and experienced tenderers for the development of Lindfield Village Hub project. The EOI was issued to the market on 2nd October 2018 and closed on 2 November 2018.

Risk Management

A risk assessment has been undertaken as part of the due diligence work by CBRE. The risk assessment will be updated during the finalisation of the Council’s business requirements and preparation of the Request for Tender

Financial Considerations

The financial considerations arising from this report relate to Council’s ability to achieve best value for money for the community, effectively manage its financial and other risks, whilst meeting its obligations to provide and operate new community infrastructure.

Social Considerations

The social and economic considerations arising from this report relate to ensuring that Council is able to realise new and sustainable community services, assets and places through a well-considered asset and service delivery strategy

Environmental Considerations

There are no direct environmental considerations arising from this report

Community Consultation

A public communication and consultation process around potential changes to building height and planning controls for the Lindfield Village Hub has been underway since late 2018. Outcomes of the public communication and consultation process will be reported to Council prior to providing a recommendation to release a request for tender to the selected shortlist.

Internal Consultation

Presentation to Major Projects Advisory Committee –30 January 2019

Major Project Steering Committees – 12 February 2019

Summary

This Report seeks Council approval that invitations to tender shall be issued to the companies recommended and endorsed by Council as per the main body of this report and the attached confidential documentation.

Recommendation:

A That Council accept the list of companies recommended to be invited to tender for the development of Lindfield Village Hub project, as set out in the attached confidential Evaluation Committee Report in Attachment A1.

B That Council approve that invitations to tender shall be sent to the companies recommended and endorsed at (A) above

Geoff Douglas

Group Lead - Major Projects

Attachments:	A1	LVH - EOI28-2018 - Developer EOI - Evaluation Report - Final	Confidential
	A2	20190208 OCM Updated Probity Certificate - LVH EOI	Confidential
	A3	MPAC Report - EOI Evaluation Review 12-2-2019	Confidential
	A4	KMC response to risks identified by MPAC in their report on the EOI process - 15 February 2019	Confidential

Ordinary Meeting of Council - 26 February 2019	GB.2 / 29

Item GB.2	FY00623
	11 February 2019

Investment Report as at 31 January 2019

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for January 2019.

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

comments:	The net return on investments for the financial year to January 2019 was $3,379,000 against a revised budget of $2,662,000 giving a YTD favourable variance of $717,000.

recommendation:	That the summary of investments performance for January 2019 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

Purpose of Report

To present Council’s investment portfolio performance for January 2019.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Revised Budget

The net return on investments for the financial year to January 2019 was $3,379,000 against a revised budget of $2,662,000 giving a YTD favourable variance of $717,000.

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

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of January 2019 was $191,430,000 compared to $192,407,000 at the end of December 2018, a net cash outflow of $977,000. The outflow was mainly due to creditor payments.

Two investments have matured during the month of January 2019 and one new investment was made.

Investment Performance against Industry Benchmark

Overall during the month of January the investment performance was well above the industry benchmark. The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

Table 2 below provides a summary of all investments by type and performance during the month.

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

Table 2 - Investments Portfolio Summary during January 2019

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The revised budget for interest on investments for the financial year 2018/2019 is $4,766,800. Of this amount approximately $3,376,300 is restricted for the benefit of future expenditure relating to development contributions, $569,100 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $821,400 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 31 January 2019:

· Council’s total cash and investment portfolio is $191,430,000.

· The net return on investments for the financial year to January 2019 was $3,379,000 against a revised budget of $2,662,000, giving a YTD favourable variance of $717,000.

Recommendation:

A. That the summary of investments and performance for January 2019 be received and noted.

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

Tony Ly

Financial Accounting Officer

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

Investments definitions specific to Council’s investment portfolio

2016/124274

Ordinary Meeting of Council - 26 February 2019	GB.3 / 36

Item GB.3	FY00623
	13 February 2019

Analysis of Land and Environment Court Costs - 2nd Quarter 2018 to 2019

EXECUTIVE SUMMARY

purpose of report:	To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2018.

background:	A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused. An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders

comments:	For the six months ended 31 December 2018, Council’s legal and associated payments in relation to the Land and Environment Court were $864,760. This compares with the annual revised budget of $1,080,000.

recommendation:	That the analysis of Land and Environment Court costs for the quarter ended 31 December 2018 be received and noted.

Purpose of Report

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 31 December 2018.

Background

A person may commence proceedings in the Land and Environment Court in relation to a development application which has either been refused by Council or is deemed to have been refused (a development application is deemed to have been refused if it has not been determined within a period of 40 days or such longer period that may be calculated in accordance with the Act). An appeal may also be commenced in relation to conditions of development consent and the issue of building certificates and orders. Council is a respondent to such proceedings.

Comments

Appeals Lodged

In quarter ended 31 December 2018 there were 9 new appeals lodged with the Land and Environment Court. The number of appeals received in prior years is as follows:

Financial year	Number of appeals received (whole year)
2014/2015	31
2015/2016	38
2016/2017	41
2017/2018	45
2018/2019 (as at 31 December 2018)	22

The appeals commenced during the three months to 31 December 2018 concerned the following subject matters:

· seniors living

· residential flat building

· mixed use

· strata subdivision

· modification of existing consent

costs

For the quarter ended 31 December 2018, Council made payments of $864,760 on appeals and associated expenses in relation to Land & Environment Court matters. This compares with the annual revised budget of $1,080,000

In addition to expenditure on appeals, a further amount of $14,206 was spent in obtaining expert advice regarding development assessment matters.

Land & Environment Court Costs 2015/2016 - 2018/2019
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2015/2016* (38 appeals lodged)	$1,256,887	$264,263	$290,099	$303,122	$399,403
2016/2017* (41 appeals lodged)	$1,054,747	$202,574	$196,949	$285,681	$369,543
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2017/2018* (45 appeals lodged)	$1,267,706	$221,520	$461,976	$201,332	$382,878
2018/2019 (22 appeals lodged)	$864,760	$372,972	$491,788

* Costs reported to Council in previous reports

The costs incurred in the six months to 31 December 2018 represent 80% of the annual revised budget of $1,080,000. As noted above, the number of appeals lodged has been high. The commencement of appeals does not lie within the control of Council, however there a number of factors that appear to have influenced the volume of appeals:

· Amendments to the Environmental Planning and Assessment Act made in 2013 reduced the timeframe for lodgement of an appeal from twelve months to six months. This continues to have the effect of applicants for more substantial and complex development proposals lodging appeals for no other reason than as a mechanism to preserve early appeal rights. The number of development applications received by Council in recent periods has itself been high.

· In addition, the prospect of changing economic market conditions in late 2017 and well into 2018 appears to have led to urgency on the part of developers of multi-housing developments in particular, with a number of appeals commenced immediately on the basis of deemed refusal. As a result, Court listings are currently heavily booked and long delays for several months for the holding of both mediation conferences and hearings are occurring.

· Uncertainty as to the effects of the introduction of panels for the determination of development applications appears to have contributed also.

Current delays in the Court will result in limited progress of many of the current appeals this financial year.

Notwithstanding these factors, Council’s overall success rate in appeals has remained high.

In relation to costs recovered, the amount of $86,500 had been recovered as at the end of the quarter to 31 December 2018 compared to an annual budget for costs recovered of $102,300.

SUMMARY BY WARD

A summary of the above Land & Environment Court costs by Ward for the six months to 31 December 2018 is shown in the following table:

Outcomes

At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Facts and Contentions outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent.

In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of listing appeals for a preliminary mediation conference before a Commissioner of the Court pursuant to section 34 of the Land & Environment Court Act, strongly encourages this.

In this context, any of three outcomes can be regarded as favourable, namely:

1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs;

2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court;

3. If the issues raised by Council are either not capable of resolution or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court.

Eleven matters were concluded during the quarter. A partly or wholly favourable outcome was achieved in all matters.

· One matter was discontinued by the applicant;

· One matter was dismissed by the Court;

· Seven matters were resolved by agreement, in accordance with an amended proposal;

· Two matters were upheld by the Court in relation to an amended proposal.

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.

Achieve financial sustainability targets

identified in the Long Term Financial

Plan.

Undertake quarterly reporting to Council on the financial performance of the

organisation.

Governance Matters

Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and the outcome of each case in its Annual Report.

Risk Management

Quarterly reporting of legal costs to Council together with information about the number, character and outcomes of proceedings enable ongoing oversight of this area of Council’s activity.

Financial Considerations

Land & Environment Court legal costs form part of Council’s recurrent operating budget.

Social Considerations

None undertaken or required.

Environmental Considerations

None undertaken or required.

Community Consultation

None undertaken or required.

Internal Consultation

This report has been developed with input from Council’s Corporate Lawyer, Director Corporate and Director Development & Regulation.

Summary

For the quarter ended 31 December 2018, Council made payments of $864,760 on Land & Environment Court appeals. This compares with the annual revised budget of $1,080,000.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 31 December 2018 be received and noted.

Tony Ly

Financial Accounting Officer

Jamie Taylor

Corporate Lawyer

David Marshall

Director Corporate

Michael Miocic

Director Development & Regulation

Attachments:

Individual Case Summary December 2018 - Land and Environment Court Costs

2019/042369

Ordinary Meeting of Council - 26 February 2019	GB.4 / 42

Item GB.4	S09112/8
	11 February 2019

2018 - 2019 Budget Review - 2nd Quarter ended December 2018

EXECUTIVE SUMMARY

Purpose of report:	To inform of the results of the second quarter budget review of 2018/19 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2018 to 31 December 2018.

background:	Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2018/19) financial year.

comments:	Budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $595k compared to revised budget, primarily due to increased operating project expenses partly offset by additional income. The forecast working capital balance at 30 June 2019 is projected to reduce to $4.8m, moderately lower than the Long Term Financial Plan target of $5m.

recommendation:	That the December 2018 Quarterly Budget Review and the recommended changes are received and noted.

Purpose of Report

Background

In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”):

(1) Not later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

(2) A budget review statement must include or be accompanied by:

a) a report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b) if that position is unsatisfactory, recommendations for remedial action.

(3) A budget review statement must also include any information required by the Code to be included in such a statement.

The Office of Local Government has developed a set of minimum requirements that assists councils in meeting their obligations as set out in legislation.

At the Council meeting held on 26 June 2018, Council adopted the Revised Delivery Program 2018-2021 & Operational Plan 2018-2019, which incorporated the Annual Budget for 2018-2019.

Comments

This review analyses Council’s financial performance for the second quarter of 2018/19 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $595k compared to revised budget. This is primarily due to proposed increases in operating project expenses partly offset by increased income detailed below.

The change to the operating result is largely due to additional operating projects expenditure ($1.168m) and Development Assessments (DA) legal costs ($300k) partly offset by increased rental income from various properties ($471k) (of which ($311k) is restricted to S 7.11 reserves) and additional income from compliance levy ($300k) and DA fees ($120k).

Major variations to the operating projects budget are due to:

· Budget brought forward from 2020 for the Lindfield library site ($579k) with additional funding from restricted rental income ($160k);

· Planning studies to meet requirements for implementing the North District Plan (2019) ($220k) funded from general fund.

Major variations to the capital budget are due to:

· Deferral of projects funded from S7.11 ( Development Contributions) to 2020 ($772k): mainly Turramurra Community Hub – Project Management ($440k) and St Ives Village Green Masterplan Implementation Works ($250k);

· Bicentennial Park quarry stabilisation ($237k) funded from DWM reserve;

Other budget adjustments to capital projects are detailed further in the report and listed in Attachment A2.

The forecast working capital balance at 30 June 2019 is projected to reduce to $4.8m, moderately lower than Long Term Financial Plan target of $5m.

Quarterly Budget Review Statements (QBRS)

The Quarterly Budget Review Statements (QBRS) as prescribed by the DLG guidelines are composed of the following budget review reports:

· Income and Expenses Budget Review Statement (Table 1)

· Capital Budget (Expenditure and Funding) Budget Review Statement (Table 2)

· Proposed Operating Budget Adjustments by Resource Group (Table 3)

· Proposed Capital Budget Adjustments by Resource Group (Table 4)

· Income and Expenses Statement by Theme (Table 5)

· Cash and Investments position (Table 6)

· Contracts and Consultancy Expenses (Table 7)

· Capital & Operational Projects Summary (Table 8)

· Statement by the Responsible Accounting Officer

These statements are shown below.

Proposed Budget Adjustments

The table below lists the proposed budget adjustments, including comments for the December Quarterly Budget Review.

Attachment A2 summarises all proposed budget adjustments for Projects.

The table below splits the current budget by six themes identified within Council’s Delivery Program 2018 – 2021. These themes are used as a platform for planning our activities to address the community’s stated needs and aspirations.

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as per the December Investment Report is $192.4m.

A detailed Restricted Assets Report as at December 2018 (Actual) is shown in Attachment A1.

Contracts and Consultancy Expenses

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 31 December 2018 is $14.5m against the YTD budget of $10.2m, resulting in an unfavourable variance of $4.3m. This variance is mainly due to timing differences between the actual expenditure incurred against the budget forecast of some projects for the quarter.

The table and chart below shows the YTD actual project expenditure against YTD budget for the quarter ended December 2018.

The proposed budget changes to operational and capital projects represent an increase of $559k. The most significant variations and projects proposed for adjustment are listed below:

· Budget brought forward from 2020 for the Lindfield library site ($579k) with additional funding from restricted rental income ($160k);

· Planning studies to meet requirements for implementing the North District Plan (2019) ($220k) funded from general fund;

· Deferral of projects funded from S94 to 2020 ($772k): mainly Turramurra Community Hub – Project Management ($440k) and St Ives Village Green Masterplan Implementation Works ($250k);

· Bicentennial Park quarry stabilisation ($237k) funded from DWM reserve;

All Proposed Budget adjustments for each Project and explanation for the changes are detailed in

Attachment A2 – Summary of Capital and Operational Project Budget Adjustments

Statement by Responsible Accounting Officer

It is my opinion the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 31 December 2018 indicates that Council’s projected financial position at 30 June 2019 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

One of Council’s key performance indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum available working capital balance of $5m. The forecast working capital balance at 30 June 2019 is projected to reduce to $4.8m, moderately lower than the Long Term Financial Plan target.

integrated planning and reporting

Theme 6: Leadership and 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

Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current financial year.

Risk Management

Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure cannot be directly controlled, it can be monitored and action taken to mitigate potential financial or budgetary risk. Further, Council staff utilise monthly management reporting for managing operational and project income and expenditure, and any budget variations are reported to the Director. The executive team are also provided with monthly financial reports that allow Directors to make informed decisions and plan ahead to ensure budget targets are met.

Financial Considerations

Budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $595k compared to revised budget.

The forecast working capital balance at 30 June 2019 is projected to reduce to $4.8m, moderately lower than the Long Term Financial Plan target.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

Finance met with directors and managers as part of the Quarterly Budget Review process to ensure departmental budget targets reflect current forecasts.

Summary

The recommended budget adjustments proposed in this review will decrease the forecast operating surplus (including capital items) by $595k compared to revised budget, primarily due increased operating project expenditure partly offset by increased user fees and other revenue.

The forecast working capital balance at 30 June 2019 is projected to reduce to $4.8m, moderately lower than the Long Term Financial Plan target.

Recommendation:

That the December 2018 Quarterly Budget Review and the recommended changes are received and noted.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Mette Kofoed

Strategic Management Accounant

Attachments:	A1	Attachment A1 - Restricted Assets Report - December 2018		2019/040374
	A2	Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - December 2018		2019/040376

Ordinary Meeting of Council - 26 February 2019	GB.5 / 53

Item GB.5	S02133
	15 February 2019

2019 National General Assembly of Local Government - Call for Motions

EXECUTIVE SUMMARY

purpose of report:	To inform Councillors of an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2019 National General Assembly (NGA) of Local Government.

background:	The National General Assembly of Local Government (NGA) is held annually and provides an opportunity for councils to identify and discuss national issues of priority for the sector and to agree on possible steps which could be taken to address these issues. The 2019 NGA will be held at the National Convention Centre, Canberra from 16-19 June 2019.

comments:	The ALGA is inviting all councils to submit motions for the 2019 National General Assembly of Local Government (NGA). The theme for the 2019 NGA is ‘Future Focused. Motions must be consistent with this theme. Motions should be submitted to the ALGA by 29 March 2019.

recommendation:	That: A. Councillors provide any proposed motions for the 2019 National General Assembly of Local Government to the Manager Records & Governance by Thursday 14 March 2019, and that a further report providing details of any proposed motions be referred to Council at its meeting on 26 March 2019 for approval prior to submission to the ALGA. B. Any Councillors interesting in attending the 2019 National General Assembly of Local Government notify the General Manager by 1 May 2019.

Purpose of Report

To inform Councillors of an invitation from the Australian Local Government Association (ALGA) to submit motions to the 2019 National General Assembly (NGA) of Local Government.

Background

The National General Assembly of Local Government (NGA) is held annually and provides an opportunity for councils to identify and discuss national issues of priority for the sector and to agree on possible steps which could be taken to address these issues.

The 2019 NGA will be held at the National Convention Centre, Canberra from 16-19 June 2019.

Comments

The ALGA is inviting all councils to submit motions for the 2019 National General Assembly of Local Government (NGA). The NGA is an important opportunity for council to influence the national policy agenda. The primary focus of all motions should be to strengthen the capacity of local government to provide services and infrastructure in Australia.

The theme for the 2019 NGA is ‘Future Focused’. Motions must be consistent with this theme.

To be eligible for inclusion in the NGA Business Papers, and subsequent debate on the floor of the NGA, motions must meet the following criteria:

· Be relevant to the work of local government nationally;

· Be consistent with the theme of the NGA;

· Complement or build on the policy objectives of your state and territory local government association;

· Propose a clear action and outcome, and

· Not be advanced on behalf of external third parties which may seek to use the NGA to apply pressure to Board members, to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of the local government sector.

A Discussion Paper (Attachment A1) has been prepared by the ALGA to assist councils in preparing motions.

Motions should be submitted online to the ALGA by 29March 2019. Once submitted, motions will be reviewed by the ALGA Board’s NGA Sub-Committee and by state and territory local government associations to determine eligibility for inclusion in the NGA Business Papers.

Motions that are agreed to at the NGA become Resolutions of the NGA. These Resolutions are then considered by the ALGA Board when setting national local government policy, when the Board is making representations to the Federal Government at Ministerial Councils, during meetings and in ALGA publications. The ALGA Board is not bound by any Resolution passed at the NGA.

This report recommends that any Councillors wishing to submit a motion provide details of the motion to the Manager Records & Governance by Thursday 14 March 2019. A further report will be provided to Council at its meeting on 26 March 2019 to consider all proposed motions and approve them for submission to the ALGA.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

The Councillor Expenses and Facilities Policy provides for Council to meet the reasonable costs of Councillors attending conferences authorised by resolution of Council.

Risk Management

Nil.

Financial Considerations

Early bird registration (up to 10 May 2019) is $989 per person. Standard registration (up until the 7 June 2019) is $1099 per person. Late registration (on or after 7 June 2019) is o$1199 per person. This does not include travel and other associated costs.

Attendance is provided for in the Councillor’s conference budget in accordance with the Councillor Expenses and Facilities Policy. Council has an annual budget of $30,700 for Councillors’ attendance at conferences with $27,823 remaining in the 2018/2019 financial year.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

The ALGA has written to all councils inviting submissions of motions for the 2019 National General Assembly of Local Government (NGA).

The theme for the 2019 NGA is ‘Future Focused. Motions must be consistent with this theme.

Motions should be submitted to the ALGA by 29 March 2019. This report recommends that any Councillors wishing to submit a motion provide the relevant details to the Manager Records & Governance by Thursday 14 March 2019. A further report will be provided to Council at its meeting on 26 March 2019 to consider all proposed motions and approve them for submission to the ALGA.

Recommendation:

That:

B. Any Councillors interesting in attending the 2019 National General Assembly of Local Government notify the General Manager by 1 May 2019.

Amber Moloney

Manager Records & Governance

David Marshall

Director Corporate

Attachments:

2019 Discussion Paper ALGA

2019/043673

Ordinary Meeting of Council - 26 February 2019	GB.6 / 57

Item GB.6	S12290

Administration of the 2020 Local Government Election

EXECUTIVE SUMMARY

Purpose of report:	To enter into an election arrangement with the NSW Electoral Commission for the 2020 Local Government election, in accordance with section 296AA of the Local Government Act 1993 (the Act).

background:	Section 296AA of the Act requires that Council must resolve, at least 18 months before an ordinary election of Council, whether the election will be administered by the NSW Electoral Commission (NSWEC) or the General Manager.

comments:	The date for the next ordinary election of Council has been set for 12 September 2020. This means that Council is required to make a decision regarding the administration of this election by 11 March 2019.

recommendation:	Ku-ring-gai Council (“the Council”) resolves: A. pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council. B. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council. C. C. pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Purpose of Report

To enter into an election arrangement with the NSW Electoral Commission for the 2020 Local Government election, in accordance with section 296AA of the Local Government Act 1993 (the Act).

Background

Section 296AA of the Local Government Act 1993 states:

296AA Councils to plan for administration of elections

(1) At least 18 months before the next ordinary election of councillors for a council, the council must resolve:

(a) to enter into an arrangement with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer elections of the council (as provided by section 296), or

(b) that the elections of the council are to be administered by the general manager of the council.

(2) A resolution referred to in subsection (1) (b) must include the following information:

(a) whether the general manager intends to administer elections personally or to engage an electoral services provider,

(b) if the general manager intends to administer elections personally, whether the general manager has identified any persons to be appointed as the returning officer and substitute returning officer for the next ordinary election of councillors and, if so, the names of those persons,

(c) if the general manager intends to engage an electoral services provider, whether the general manager has identified an electoral services provider to be engaged for the next ordinary election of councillors and, if so, the name of that provider,

(d) any other information required by the regulations.

(3) As soon as practicable after the making of a resolution referred to in subsection (1) (b), the general manager of the council must publish a copy of the resolution on the council’s website.

(4) If a council fails to comply with subsection (1), the general manager of the council must publish a notice of that failure on the council’s website.

This part of the legislation was introduced in 2011. Prior to this, all council elections had to be administered by the NSW Electoral Commission (NSWEC).

Ku-ring-gai Council elections were administered by the NSWEC (via resolution of Council) in 2012 and 2017. At the most recent Local Government Elections, only 5 Councils resolved to administer their elections independently of the NSWEC.

The Office of Local Government has advised of proposed amendments which will extend the deadline for councils to make a decision (see Attachment A1). Under the proposed amendments, councils will have until 1 January 2020 to make a decision regarding the administration of their elections. However the proposal is to introduce the amending legislation in the first parliamentary sitting period of 2019 following the NSW State Election, and the current provisions are in force until the legislation is amended.

Comments

The date for the next ordinary election of Council has been set for 12 September 2020. This means that Council is required to make a decision regarding the administration of this election by 11 March 2019.

It is recommended that Council replicate its previous decisions to engage the NSW Electoral Commission to conduct the 2020 election.

The alternatives to contracting the NSWEC, is for Council to conduct their own election or to seek a suitably qualified and experienced election management service provider to conduct the election on Council’s behalf. In this case the General Manager broadly assumes the same responsibilities as the NSWEC which require the election to be conducted in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005. The Office of Local Government has advised councils considering this approach should thoroughly consider all aspects involved in conducting their own elections, including the need for detailed knowledge of current elections legislative requirements. Under such an arrangement, the General Manager would be responsible for the full conduct of the election, including (but not limited to):

· appointing a Returning Officer and substitute Returning Officer (these positions cannot be a current council staff member);

· appointing polling places;

· determining the fees payable to the Returning Officer and other electoral officials;

· confirming the roll of non-resident owners of rateable land and the roll of occupiers and rate-paying lessees;

· preparing a list of electors who appear not to have voted at the election to forward to the NSW Electoral Commission;

· management of the election costs; and

· preparation of a report to the Minister for Local Government on the conduct of the election.

Where a commercial election provider has been engaged they have a contractual obligation to ensure the successful conduct of the elections occurs and all aspects are addressed. However, despite this onus on the commercial election provider, the General Manager still retains overall responsibility for the administration of the elections in accordance with section 296(1) of the Act.

Should Council decide to conduct its own election, the major risks and challenges include:

· Employing experienced and qualified election staff, including but not limited to an experienced Returning Officer and a substitute Returning Officer, clerical and administration staff, polling place and other staff.

· Ensuring that there is uniform interpretation of electoral-related legislation in line with the NSWEC and other councils, and maintaining uniformity with established electoral practices.

· Ensuring impartiality and independence. (Elections must be conducted at arms-length from the Mayor and Councillors. Appointing the General Manager to conduct the election may be perceived to compromise that impartiality).

In consideration of the volume and scope of work required, and the potential risks of conducting an election, it is recommended that Council utilise the experience and expertise of the NSWEC for the conduct of its election in 2020.

The Office of Local Government has provided a model resolution which Council should use to resolve that an election arrangement with the NSWEC be entered into (see Attachment A2). This wording has been provided as the recommendation of this report.

integrated planning and reporting

Good Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: The organisation is recognised and distinguished by its ethical decision-making, efficient management, innovation and quality customer service.

L3.1.2: Council’s Governance framework is developed to ensure probity and transparency.

L3.1.2.4: Comply with the requirements of the Local Government Act and Regulations.

Governance Matters

Section 296AA of the Local Government Act 1993 states:

296AA Councils to plan for administration of elections

(5) At least 18 months before the next ordinary election of councillors for a council, the council must resolve:

(a) to enter into an arrangement with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer elections of the council (as provided by section 296), or

(b) that the elections of the council are to be administered by the general manager of the council.

(6) A resolution referred to in subsection (1) (b) must include the following information:

(a) whether the general manager intends to administer elections personally or to engage an electoral services provider,

(d) any other information required by the regulations.

(7) As soon as practicable after the making of a resolution referred to in subsection (1) (b), the general manager of the council must publish a copy of the resolution on the council’s website.

(8) If a council fails to comply with subsection (1), the general manager of the council must publish a notice of that failure on the council’s website.

Risk Management

Should Council decide to conduct its own election, the major risks and challenges include:

· Ensuring that there is uniform interpretation of electoral-related legislation in line with the NSWEC and other councils, and maintaining uniformity with established electoral practices.

Financial Considerations

Council has $694,000 budgeted in the 2020/2021 financial year to fund the conduct of the 2020 Local Government Election.

Social Considerations

Nil.

Environmental Considerations

Nil.

Community Consultation

Nil.

Internal Consultation

Nil.

Summary

Section 296AA of the Act requires that Council must resolve, at least 18 months before an ordinary election of Council, whether the election will be administered by the NSW Electoral Commission (NSWEC) or the General Manager.

Recommendation:

Ku-ring-gai Council (“the Council”) resolves:

Amber Moloney

Manager Records & Governance

David Marshall

Director Corporate

Attachments:	A1	Local Government Circular 19 / 02 - IPART review of the costs of conducting local government elections and extension of the deadline for councils to make a decision on the administration of their elections		2019/035392
	A2	Local Government Circular 18 / 43 - Council decisions on the administration of the September 2020 elections		2018/375233

Ordinary Meeting of Council - 26 February 2019	GB.7 / 63

Item GB.7	CY00458/7

Audit, Risk & Improvement Committee - Selection of External Independent Members

EXECUTIVE SUMMARY

purpose of report:	To consider the appointment of candidates to the positions of External Independent Chair and External Independent Member of Council’s Audit, Risk & Improvement Committee.

background:	The terms of office for the current External Independent Members of Council’s Audit Risk & Improvement Committee expired on 31 December 2018. Council has sought Expressions of Interest to fill the vacant roles.

comments:	Six applications for membership of the Audit, Risk & Improvement Committee were received. All applicants were of a very high standard.

recommendation:	A. That Applicant 1 as listed in Attachment A1 be appointed as External Independent Chair of the Audit, Risk & Improvement Committee for a period of two years commencing from 1 March 2019. B. That Applicant 2 as listed in Attachment A1 be appointed as External Independent Member of the Audit, Risk & Improvement Committee, for a period of one year commencing from 1 March 2019.

Purpose of Report

To consider the appointment of candidates to the positions of External Independent Chair and External Independent Member of Council’s Audit, Risk & Improvement Committee.

Background

The terms of office for the current External Independent Members of Council’s Audit, Risk & Improvement Committee expired on 31 December 2018.

The previous External Independent Members were Mr John Gordon (Chair) and Mr John Bartrop.

Council has sought Expressions of Interest to fill the vacant roles.

Comments

Expressions of Interest were invited through a public advertisement that appeared in the Sydney Morning Herald, Newcastle Herald and North Shore Times in November 2018.

Six applications were received in response to this advertisement. The applicants are listed in Confidential Attachment A1 and the full applications are provided in Confidential Attachment A2.

The General Manager established a selection panel to review the applications against the advertised criteria and to conduct interviews.

All six candidates were invited to attend an interview with the panel.

Panel interviews were held in January 2019.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L3.1: The organisation is recognised and distinguished by

its ethical decision-making, efficient management, innovation and quality customer

service.

L3.1.1: Integrated risk

management, compliance and

internal control systems are in

place to identify, assess, monitor

and manage risks throughout the

organisation.

L3.1.1.2: Manage, coordinate, support and

facilitate the effective operation of Council’s

Internal Audit function.

Governance Matters

The objective of the Audit, Risk & Improvement Committee is to provide independent assurance and assistance to Council on risk management, control, governance and external accountabilities.

Risk Management

The Audit, Risk & Improvement Committee reviews Council’s risk management framework and compliance with risk management standards.

Financial Considerations

The External Independent Chair of the Audit, Risk & Improvement Committee is paid a standard fee of $1200 (plus GST) per meeting.

The External Independent Member of the Audit, Risk & Improvement Committee is paid a standard fee of $1000 (plus GST) per meeting.

There are usually four or five meetings held per year and the applicable fee is inclusive of all preparation and travel for each.

Social Considerations

There are no social considerations associated with this report.

Environmental Considerations

There are no environmental considerations associated with this report.

Community Consultation

An advertisement was placed in the Sydney Morning Herald, Newcastle Herald and North Shore Times seeking Expressions of Interest for the roles of External Independent Chair and External Independent Member on Council’s Audit, Risk & Improvement Committee.

Internal Consultation

None undertaken or required.

Summary

Six applications were received from members of the community interested in being appointed to Council’s Audit, Risk & Improvement Committee.

All applicants were subsequently interviewed.

Recommendation:

A. That Applicant 1 as listed in Attachment A1 be appointed as External Independent Chair of the Audit, Risk & Improvement Committee for a period of two years commencing from 1 March 2019.

B. That Applicant 2 as listed in Attachment A1 be appointed as External Independent Member of the Audit, Risk & Improvement Committee, for a period of one year commencing from 1 March 2019.

Jennie Keato

Manager People and Culture

David Marshall

Director Corporate

Attachments:	A1	ARIC Applicants		Confidential
	A2	ARIC EOI - Applications - External Independent Chair & Member		Confidential

Ordinary Meeting of Council - 26 February 2019	GB.8 / 66

Item GB.8	RFT26-2018

RFT26-2018 Drainage Conditions Assessment using close circuit camera (CCTV)

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Drainage Conditions Assessment using Close Circuit Camera (CCTV) and appoint the preferred tenderer.

background:	Drainage Conditions Assessment using Close Circuit Camera (CCTV) RFT 26-2018 aims to detect and evaluate the condition of stormwater drainage pipes in Council LGA area, allowing an informed long term maintenance and renewal program to be produced reducing reactive maintenance.

comments:	Tender documents were produced with seven (7) submissions received. The submissions were assessed using agreed criteria which identified the best value to Council.

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

Purpose of Report

To consider the tenders received for Drainage Conditions Assessment using Close Circuit Camera (CCTV) and appoint the preferred tenderer.

Background

Council’s drainage pipe conditions pipes are determined majorly by the age of the pipe.

To improve the understanding Council drainage pipe conditions, tenders were called for CCTV Survey Contract 2018-2021. The periods covered by this contract cover 2018/2019, 2019/2020 and 2020/2021 with an option to extend the contract by a further two (2) years.

The CCTV survey will focus on the condition assessment of stormwater conduits. The works will enable evaluation of structural and service conditions of stormwater conduits.

As the cost of the works was estimated to be over $200,000 per annum, tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation.

The tender had a nominated opening date of 20 November 2018 and closing date of 18 December 2018.

Tenders, in no particular order, were received from the following seven (7) companies:

· Tox Free Australia Pty Ltd

· Total Drain Cleaning Services Pty Ltd

· Pipe Management Australia Pty

· Pipeline Watertech

· Interflow Pty Ltd

· Environmental Services Group Pty Ltd

· Aqua Assets Pty Ltd

It should be noted the order above does not correspond to the order of the above list of tenderers named from one (1) to seven (7) in the confidential attachments (for the purposes of identifying the recommended tenderers).

The proposed contract term will commence on the date of the relevant contract and expire on 30 June 2021, except where both parties opt to extend the duration of the contract by a further two (2) years, on a year by year bases.

Comments

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the seven (7) tenders received. The evaluation took into account:

· Conformity of submission

· lump sum fee,

· company and staff experience,

· ability to provide the full range of services required,

· work program, and availability,

· previous performance in relation to similar type work, and

· Company’s financial capacity.

Confidential attachments to this report include:

· Tender Evaluation Panel’s assessment and recommendation

· Financial Assessment – Tenderer A

· Financial Assessment – Tenderer B

· Financial Assessment – Tenderer C

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P8.1.2.4 Deliver Drainage Capital Works Program on time and under budget

A program for asset evaluation and maintenance management is delivered in accordance with adopted Asset Management Strategy and Plans

Deliver drainage capital works program, improve drainage asset evaluation and assessment.

Governance Matters

Tender documents were prepared and released through Tenderlink on of 20 November 2018 and closing date of 18 December 2018. At the close of tender, seven (7) tenders were received. All submissions were recorded in accordance with Council’s Tendering Policy.

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the seven (7) tenders received. The evaluation took into account:

· Conformity of submission

· lump sum fee,

· company and staff experience,

· ability to provide the full range of services required,

· work program, and availability,

· previous performance in relation to similar type work, and

· Company’s financial capacity.

Confidential attachments to this report include the list of tenders received, the Tender Evaluation Panel’s comments and recommendation. The attachments are considered to be confidential in accordance with Section 10A (2)(d)(iii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.

Risk Management

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

· That work be carried out by a suitably qualified company with experience of delivering quality CCTV work prescribed under the Specifications in a Local Government context.

· Capacity and availability of companies to undertake these works.

· Proven ability to undertake works to appropriate safety, quality and environmental standards with necessary systems in place to ensure compliance with Council’s requirements and;

· That Council should not be exposed to unnecessary financial risk when engaging companies under this contract.

To that end, the following evaluation approaches were developed to address the key risk areas:

· An evaluation plan was developed prior to, and employed during assessment and appraisal of the relevant tender schedules and;

· An independent financial risk assessment was undertaken to each tenderer to ensure that they were trading responsibly and had the financial capacity to undertake works as detailed within the tender submission.

Financial Considerations

The rates submitted by tenderers will be utilised to undertake the majority of CCTV survey during the 2018/2019, 2019/2020 and 2020/2021financial years.

Funding for this project is allocated in the Capital Works Program as part of the Delivery Program and Operational Plan 2018-2021.

Social Considerations

Not applicable.

Environmental Considerations

The proposed survey may involve pipe cleaning and jetting. Environmental impact will be kept minimal.

Community Consultation

Not applicable.

Internal Consultation

Consultation has taken place with staff from across Operations and Corporate Departments with regards to asset serviceability and maintenance levels.

Summary

Tenders for the Drainage Conditions Assessment using Close Circuit Camera (CCTV) Tender 26-2018 was called by Council on the date of 20 November 2018 and closed on the date of 18 December 2018.

A total seven (7) submissions were received in response to this tender, of which three (3) were chosen for carrying out the survey.

Recommendation:

A. That the tender rates submitted by Tenderers A, B and C be accepted for admission into the Drainage Conditions Assessment using Close Circuit Camera (CCTV) Tender 26-2018 preferred contractor panel.

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

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

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

Rong Zhang

Engineering Assets - Assets Engineer

George Bounassif

Director Operations

Attachments:	A1	Tender Assessment and Panel Recommendation	Confidential
	A2	Financial Assessment - Tenderer A	Confidential
	A3	Financial Assessment - Tenderer B	Confidential
	A4	Financial Assessment - Tenderer C	Confidential

Ordinary Meeting of Council - 26 February 2019	GB.9 / 71

Item GB.9	FY00382/11
	7 January 2019

Delivery Program 2018-2021 and Operational Plan 2018-2019 Bi-Annual Report

EXECUTIVE SUMMARY

purpose of report:	To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the six month period July to December 2018.

background:	Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 (six) months.

comments:	This report provides a six (6) month progress review of term achievements and tasks contained in the Delivery Program 2018-2021 and Operational Plan 2018-2019.

recommendation:	That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the period July to December 2018, be received and noted.

Purpose of Report

To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the six month period July to December 2018.

Background

The Delivery Program 2018-2021 and Operational Plan 2018-2019 were adopted by Council on 26 June 2018.

The Delivery Program contains three (3) year term achievements which work towards achieving the community’s vision, long term objectives and priorities during Council’s term of office. The Operational Plan details the individual projects, services and actions which will be undertaken during the 2018-2019 year of the Delivery Program. These are listed under the following six (6) themes or principal activity areas:

1. Community, People and Culture

2. Natural Environment

3. Places, Spaces and Infrastructure

4. Access, Traffic and Transport

5. Local Economy and Employment

6. Leadership and Governance

To assist the community in understanding Council’s programs, both the Delivery Program and Operational Plan are presented in the same document.

Six monthly reporting to Council is undertaken in compliance with the Local Government Act, 1993 and Integrated Planning and Reporting guidelines. Tied to this reporting Council also receives quarterly budget reports which provide data on the financial position of Council in terms of its income and expenditure as well as the status of its adopted capital works program. A separate report on the December budget review for 2018-2019 is included in the Business Paper for tonight’s meeting.

Comments

The December bi-annual report (Attachment A1) presents the organisations’ progress against term achievements and tasks in the Delivery Program and Operational Plan. All departments have provided status updates on the progress of term achievements and operational plan tasks including commentary provided for those not progressing to schedule.

Performance monitoring

Integrated Planning and Reporting places a strong emphasis on the community being regularly informed on progress in achieving the community’s long term objectives and vision for Ku-ring-gai as detailed in the Community Strategic Plan (CSP).

The bi-annual report (Attachment A1) presents the organisation’s six month progress against the 194 tasks and 56 term achievements in the Delivery Program and Operational Plan across the six (6) themes.

Term achievements - the term achievements are outcomes Council said it will achieve to progress the long term Community Strategic Plan, during its term of office.

One year tasks - the tasks are statements of Council’s planned activities for the 2018-2019 year and include the services, programs, projects and actions which Council will deliver. The tasks contribute to the achievement of Council’s three year term achievements.

Key Achievements

There were a number of significant achievements across Council services, programs and activities during the six month period July to December 2018, as listed below:

Organisation Restructure

The final phase of implementation for the 2018 Organisation Restructure was reached.

Implementation of North District Plan

Phase 1 Assurance of the Local Environmental Plan (LEP) review was submitted to the Greater Sydney Commission (GSC). The LEP review was a significant piece of work that involved staff across the organisation. The Assurance report from the GSC and the Department of Planning and Environment congratulated Council on its excellent submission.

Environmental Levy application

The results of community consultation on the continuation of the Environmental Levy demonstrated strong community support for the permanent continuation of the Levy at the current rate.

Major events

The St Ives Medieval Faire was the most successfully run Faire so far with record attendance and box office due to a strong program, enhanced facilities and a well-coordinated marketing plan.

Reduction in Council’s energy usage

Solar panels are now installed at 10 Council facilities with a total capacity of 443kW. Our solar projects, coupled with our energy efficiency program, have contributed to a 13% reduction in annual energy use across all of Council’s buildings and facilities and a reduction in annual electricity costs of $150,000, compared to their peak in 2015/16.

Companion animal registrations

93.1% of companion animals within Ku-ring-gai are lifetime registered, which is one of the highest registration rates in the state.

New and improved systems

· A new Capital Planning and Delivery (CPD) module went live in December 2018.

· The new Public Mapping Portal, live since July 2018, shows increased usage and is now being accessed by the community from desktop browsers, smartphones and tablets.

· Data and tools required for the Climate Wise Communities web application were developed and are live on website.

· The network link connecting the Thomas Carlyle Childcare Centre was upgraded from 10MB to 100MB bringing improved speed and performance.

· A Native Bee Hive Register and Work System was implemented in the Enterprise Asset Management (EAM) system.

Challenges

There have been ongoing challenges in staff resourcing during the reporting period due to the restructure transition in some departments. These shortages continued to be addressed.

Summary of performance

At the end of the six month period from July to December 2018:

Tasks:

· 91% (177) of tasks were completed (indicated with a tick) or progressed to schedule as at 31 December 2018 (indicated with a green traffic light);

· 4% (8) were behind schedule (indicated with an amber traffic light); and

· 5% (9) were significantly behind schedule (indicated with a red traffic light).

Term achievements:

· 93% (52) of term achievements were progressed to schedule as at 31 December 2018 (indicated with a green traffic light);

· 5% (3) were behind schedule (indicated with an amber traffic light); and

· 2% (1) were significantly behind schedule (indicated with a red traffic light).

Performance and commentary provided demonstrates solid progress across all themes. Reasons for delays and remedial actions for those tasks and term achievements not progressing to schedule are included in Attachment A1.

RECOMMENDED MINOR WORDING CHANGE TO TERM ACHIEVEMENT

A minor wording change is recommended to the following Term Achievement:

Adopted Term Achievement wording

Revised Term Achievement wording

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

P4.1.3 - Secure a development partner for Lindfield Village Hub.

Reason: The name change of the major project ‘Lindfield Community Hub’ to ‘Lindfield Village Hub’ needs to be reflected in the above Term Achievement P4.1.3 contained in the Delivery Program 2018/21.

RECOMMENDED MINOR WORDING CHANGES TO TASKS

Minor wording changes are recommended to the following Tasks:

Adopted Operational Plan Task wording		Revised Operational Plan Task wording
P1.1.1.6 - Develop an Urban Forest Strategy		P1.1.1.6 - Develop an Urban Forest Policy.
Reason: The wording change from ‘strategy’ to ‘policy’ reflects the stage one overarching policy under preparation this year. Following Council’s adoption of an Urban Forest Policy, officers will then prepare a strategy, which will detail how the policy will be implemented.

P3.1.2.2 - Facilitate community participation through the Independent Hearing and Assessment Panels (IHAPS) consistent with the Code of Meeting Practice.		P3.1.2.2 - Facilitate community participation through the Ku-ring-gai Local Planning Panel (KLPP) consistent with the Code of Meeting Practice.
Reason: The name change of the Independent Hearing and Assessment Panel (IHAP) to the Ku-ring-gai Local Planning Panel (KLPP) needs to be reflected in the above task.

P4.1.3.1 – Complete and obtain endorsement for the final feasibility plan for the project. (Lindfield Community Hub)	P4.1.3.1 – Complete and obtain endorsement for the final feasibility plan for the project. (Lindfield Village Hub)
Reason: The name change of the major project ‘Lindfield Community Hub’ to ‘Lindfield Village Hub’ needs to be reflected in the above task.

integrated planning and reporting

Theme 6 – Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

L1.1.1 - The priorities of our

community are reflected in the

Ku-ring-gai Community Strategic Plan and inform Council’s policy development, decision-making and program delivery.

L1.1.1.3 – Report on the progress of the adopted Community Strategic Plan and

Council’s Delivery Program 2018 - 2021.

Governance Matters

The NSW Division of Local Government’s Integrated Planning and Reporting guidelines and the Local Government Amendment (Planning and Reporting) Act, 2009, Section 404 of the Local Government Act, 1993 requires a progress report to be presented to the Council on the principal activities detailed in the Delivery Program and Operational Plan at least every six (6) months. This requirement is met through the bi-annual reports presented to Council for the six months periods July to December and January to June each year.

Risk Management

Consistent with the Local Government Act, 1993, the preparation, reporting and consideration by Council on the progress of the Delivery Program and Operational Plan is undertaken every six (6) months through bi-annual reports.

Financial Considerations

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. A separate report on the December second quarter budget review for 2018-2019 is included in the Business Paper for tonight’s meeting.

Social Considerations

There are no specific social impacts associated with the preparation of this report. The Delivery Program and Operational Plan facilitate the delivery of the Community Strategic Plan (CSP). They contain actions and tasks designed to consider and deliver relevant programs in line with the objectives of the CSP, including social outcomes.

Environmental Considerations

There are no specific environmental impacts associated with the preparation of this report. The Delivery Program and Operational Plan are prepared to facilitate the delivery of the Community Strategic Plan (CSP). They contain actions and tasks designed to consider and deliver relevant programs in line with the objectives of the CSP, including environmental outcomes.

Community Consultation

No specific community consultation was required to be undertaken for the preparation of this report.

Internal Consultation

All Departments have provided status updates and comments on the progress of term achievements and tasks in the attached report.

Summary

Comments on the progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019 are reported bi-annually to Council. For the December bi-annual review this includes progress comments for one year tasks and three year term achievements under each theme or principal activity area. These are included in Attachment A1.

Reasons for delays and proposed remedial actions for certain tasks and term achievements not proceeding on schedule are also provided in Attachment A1. Recommendations for minor wording changes to specific tasks and a term achievement are discussed in this report.

Recommendation:

A. That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the period July to December 2018, be received and noted.

B. That the minor wording change to Term Achievement P4.1.3 be included in the Delivery Program 2018-2021 and Operational Plan 2018-2019.

C. That the minor wording changes to Tasks P1.1.1.6, P3.1.2.2 and P4.1.3.1 be included in the Delivery Program 2018-2021 and Operational Plan 2018-2019.

Helen Lowndes

Integrated Planning Co-ordinator

Andrew Watson

Director Strategy & Environment

Attachments:

Delivery Program 2018-2021 and 2018-2019 Operational Plan - December 2018 - bi-annual report

2019/044970

Ordinary Meeting of Council - 26 February 2019	GB.10 / 77

Item GB.10	S11738

NSW Department of Education - Joint Use Proposal - St Ives High School Indoor Sports Centre

EXECUTIVE SUMMARY

purpose of report:	To update Council on the proposed joint use indoor sports centre at St Ives High School and obtain endorsement for signing the Statement of Intent with the Department of Education. To allocate funds to allow design and documentation of the indoor sports centre to commence in 2018/2019.

background:	On 4 December 2018, Council noted the intention to lodge a Stage 2 application for $5 million towards the proposed joint use indoor centre at St Ives High School under the Greater Sydney Sports Facility Fund.

comments:	On 25 January 2019, the State Member for Davidson Jonathan O’Dea announced that Ku-ring-gai Council had successfully secured $3.5 million towards the indoor sports centre at St Ives High School, a shortfall of a further $1.5 million in overall project funding. On 30 January 2019, Council’s Major Projects Steering Committee endorsed signing a Statement of Intent with the Department of Education.

recommendation:	That Council notes the signing of the Statement of Intent with the Department of Education. Council endorses signing the Greater Sydney Sports Facility Fund Funding Agreement. That Council approves the funding required to complete the design and documentation for the two courts and car park in 2018/2019.

Purpose of Report

To update Council on the proposed joint use indoor sports centre at St Ives High School and obtain endorsement for signing the Statement of Intent with the Department of Education.

To allocate funds to allow design and documentation of the indoor sports centre to commence in 2018/2019.

Background

On 4 December 2018, Council noted the intention to lodge a Stage 2 application for $5 million towards the proposed joint use indoor centre at St Ives High School under the Greater Sydney Sports Facility Fund.

Council also approved letters of support for its application requested from the State Member for Davidson and the State Member for Ku-ring-gai.

Comments

Current Status

Council met with the Department of Education on 29 January 2019 to discuss the progress of the project and identify key actions moving forward.

The Department of Education has submitted a Development Application with Council on 10 December 2018 for a two (2) court indoor sports centre. The concept design submitted provides the latest architectural plans of the facility (Attachment A1). Council will be responsible for its own detailed documentation and planning approvals processes for the additional two (2) courts and car park, which may or may not allow project delivery as part of the Department of Education’s two court facility.

The intention of the Department of Education is to release the tender for the two (2) court indoor sports centre by late February 2019 with a tender period expected to be a minimum of six (6) weeks. Therefore, it would be anticipated that Council will need to commit to design and documentation immediately in order to commence and submit the Development Application for the additional two (2) courts and car parking. Upon review of tender pricing by the Department of Education, Council would need to advise preference with respect to construction of its facilities by the Department of Education’s selected tenderer or pursue an independent tender process for construction. The timing of preparation of development application documentation and receipt of requisite approvals may leave Council with no choice with respect to a path forward.

It is also expected that Council will work with the Department of Education to prepare a Heads of Agreement for use of any facilities during the tender process.

Statement of Intent

On 30 January 2019, the Major Projects Steering Committee reviewed the Statement of Intent (Attachment A2) with the Department of Education. The Statement of Intent was duly signed noting that there are a number of subsequent decision making points at which Council could terminate its involvement in the project.

The Statement of Intent is proposed to be a pre-cursor for future legal documentation and to outline the anticipated aspects of the proposed use and management arrangements. With the exception of confidentiality clauses, no terms will be binding on any party until all formal agreements required to implement the arrangements are arrangements are entered into by all parties.

External Funding

On 25 January 2019, the Member for Davidson Jonathan O’Dea announced that Ku-ring-gai Council had successfully secured $3.5 million from the Greater Sydney Sports Facility Fund towards the indoor sports centre at St Ives High School. This was supported by a letter to Council (Attachment A3) from the Minister of Sport Mr Stuart Ayres received on 12 February 2019. Council has received a Draft Funding Agreement (Attachment A4) from the Office of Sport. A commitment from Council to the Office of Sport is required by signing the Funding Agreement. This is required before the end of February 2019, complying with the election caretaker conventions.

Internal Funding

$22,000 has been committed in 2018/2019 towards consultancy fees for the project with $5,000 remaining.

It is anticipated that Council will need to allocate the required funding to complete the design and documentation process in 2018/2019 should Council decide to proceed with the project. Further analysis of the internal funding requirements is referred to under Financial Considerations.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

Healthy and active lifestyle programs and activities are delivered in collaboration with agencies and partners.

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

Negotiate a Heads of Agreement with the Department of Education for the construction and joint usage of an indoor sports facility at St Ives High School.

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

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

Engage with community partners to improve sporting, leisure and recreational facilities through partnerships, grant funding and other external funding opportunities.

Governance Matters

The Department of Education has prepared and in December 2018 submitted a Development Application for a two court facility only. The Department is preparing to tender its components of the project in late February 2019. Council will be responsible for its own design and documentation, planning approvals, procurement, project management and project delivery for the additional two courts and car parking.

The concept plans and an area schedule provided by the Department of Education can form the basis of a mandatory pricing option for the purposes of a tender for construction of the two court facility. At the very least, this would give Council a reasonably good indication of market price for its components of a four court complex, albeit there is some risk of cost escalation and pricing risk around Council’s separate pathway and timeline for detailed design and planning approvals.

The request of Council sitting as a non-voting member of the tender evaluation panel has been declined by the Department of Education, however, Council has been advised it will be provided all submissions related to Council’s portion of the build. This may or may not allow Council to determine if the selection of a successful tenderer by the Department of Education has been cognisant of the additional costs for Council’s components by that builder. As per the comments above, this is likely to have no relevance given that Council will in all likelihood be responsible for delivering the additional two courts and car parking as a separate project.

As alluded to earlier, the Department of Education has documented and lodged a development application for their two courts which is currently under assessment. Given their tender is for design and construct, the standard of documentation is therefore limited. The documentation does, however, provide a solid basis on which documentation of Council’s own two courts could proceed. There are some benefits which, subject to detailed discussion and agreement, might arise from continued involvement by some or a number of the consultants involved in the project to date continuing with the design and documentation of Council’s elements of the project. This is not possible though ordinary procurement processes unless Council avails itself of the opportunity provided by section 55(3)(i) of the Local Government Act 1993:

(3) This section does not apply to the following contracts:

(i) a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders,

It is considered that the significant amount of analysis and documentation available for the two Department of Education courts represents extenuating circumstances which should see cost benefits available for the documentation of Council’s two courts on exactly the same site.

Risk Management

To date Council has not yet made, and is unable to make, a final investment decision in relation to this project. While some economies have been identified in the area schedule and reflected in the most recent concept design, final cost estimates will not be known until a tender price is received. Previously, there were significant differences in the cost estimates prepared by Council’s quantity surveyor and the quantity surveyor engaged by the Department of Education.

With Council’s application for the Greater Sydney Sports Facility Fund being successful for $3.5 million towards the project, there is some reputational risk that may arise in the event that Council decides not to proceed due to reasons of overall cost and value for money. It should be noted that Council applied for $5.0 million in funding.

Financial Considerations

In the December 2018 Quarterly Budget Review, $500,000 was assigned to Major Projects (Marion Street Theatre, East Lindfield Community Centre and St Ives High School Indoor Sports Centre) with Marion Street receiving the full allocation of funding. In the adopted LTFP, 2020 currently has a proposed budget of $8,700,000 ($3,900,000 from asset sales, $3,900,000 from grant funding and $900,000 from Infrastructure and Facilities) towards the St Ives High School Indoor Sports Centre. $3,900,000 directly tied to asset sales will rely on rezoning and/or reclassification processes which are some 12 months at least from conclusion.

It would be requested that $900,000 (Infrastructure and Facilities) to complete the design and documentation be brought forward from 2020 in the March 2019 Quarterly Budget Review. It is worth noting that the estimated time to complete design and documentation is highly likely to occur across two financial years (2018/2019 and 2019/2020) which would assist in the provision of funds required.

Whilst final costs are subject to tender, the preliminary cost estimate (Confidential Attachment A5) prepared by Turner and Townsend in December 2018, is intended to provide an estimated total project cost to assist Council with the decision making process and applications for funding. Any cost estimate has the potential for a significant margin for error and be subject to scope change.

Based on the total project preliminary cost estimate of $15,509,148 (two courts and car park), Council will require a minimum of $1,067,000 to complete the design and documentation which represents 10% contingency of the construction cost ($10,666,148).

This work will need to commence immediately so that Council’s delivery pathway and timeline is closely aligned with the Department of Education.

In March 2018, Council commissioned Otium Planning Group Pty Ltd to prepare a feasibility report to help inform the assessment of the project. Assumptions at the time included:

· two indoor courts accessible to Council/community at all operating times;

· two indoor courts used by the school during school hours and accessed by Council/ community outside of school times; and

· Council will be responsible for managing community access and community hire.

The Otium report suggests that, based on strong demand, future population growth and a lack of competing facilities in the primary catchment, the operation of the facility is likely to be operationally and financially sustainable with an average 10 year total result likely to be a surplus of approximately $53,500.

It is now unlikely that two indoor courts would be accessible to Council/community at all operating times given the need to separate the school community from the general community during school hours and the commensurate need to duplicate facilities and amenities. Consequently, the feasibility report has been remodelled by Otium (Confidential Attachment A6) to reflect the following assumptions;

· all four courts accessible to the school during school times;

· all four courts accessible to the community outside of school hours; and

· Council will be responsible for managing community access and hire.

Overall, based on the above assumptions, the new model only has a moderate impact on the Centre performance and the facility is likely to maintain its operational sustainability, in consideration of:

· no new revenue generation from increased school access;

· minor loss of community loss previously forecast during school hours; and

· reduced secondary spend due to reduced visitation.

Social Considerations

The inclusion of community use of the facilities at St Ives High School will provide increased social and cultural venues for the community and enable better utilisation of facilities.

Environmental Considerations

Environmental considerations will be taken into account in the documentation and design of the various upgrades to the facilities at St Ives High School and the approval process.

Community Consultation

Further consultation is required with sporting bodies and the intended future users. It is not intended to consult with the broader community as a whole, other than occurred as part of the budget preparation process, because Council is in effect only becoming a tenant of the Department of Education.

Statutory notification would be required as part of any planning approval process that arises in the event Council decides to continue with the project.

Internal Consultation

This project has been reported through Council’s Major Projects Steering Committee and the Councillors’ Major Projects Consultation Forum on a number of occasions.

Summary

Council has successfully secured $3.5 million from the Greater Sydney Sports Facility Fund towards the indoor sports centre at St Ives High School. A commitment from Council to the Office of Sport is required by signing the Funding Agreement.

Council has received a Statement of Intent from the Department of Education. The Major Projects Steering Committee has signed on behalf of Council subject to Council approval.

The Department of Education has prepared and submitted a Development Application with Council and intend to release the tender for the two (2) court indoor sports centre by late February 2019 with a tender period expected to be a minimum of six (6) weeks.

If the project is to proceed, financial commitment will be required from Council to commence design and documentation for two (2) courts and car parking. It has been acknowledged that $900,000 (Infrastructure and Facilities) assigned in 2020 will need to be brought forward to the March 2019 Quarterly Budget Review to complete this work.

Recommendation:

A. That Council notes the signing of the Statement of Intent with the Department of Education for the project.

B. Council agrees to commit to the Greater Sydney Sports Facility Fund by signing the Funding Agreement at Attachment A4.

C. That Council approves $900,000 to be brought forward from 2020 in the March 2019 Quarterly Budget Review to complete the design and documentation for the two courts and car park.

D. That Council, in accordance with 55(3)(i) of the Local Government Act 1993 determines that the use of consultants who have documented two courts for the Department of Education constitutes extenuating circumstances that should result in cost benefits for Council in designing and documenting a further two court at the same site and to the same design standards and specifications.

Guy Thomas

Strategic Recreation Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Department of Education - 1030_ST. IVES HIGH SCHOOL_Council Hall Concept Design (2)	2019/038708
	A2	Department of Education - St Ives High School - Statement of Intent - executed	2019/038748
	A3	Greater Sydney Sports Facility Fund - Approved funding for the St Ives High Schoool Indoor Sports Centre	2019/038001
	A4	Greater Sydney Sports Facility Fund - DRAFT Funding Agreement - St Ives High School Indoor Sports Centre	2019/040555
	A5	St. Ives High School Indoor Sports Centre - Turner and Townsend - Cost Plan B report	Confidential
	A6	St Ives High School Indoor Sports Centre - Feasibility Study Remodel - Otium	Confidential

Ordinary Meeting of Council - 26 February 2019	GB.11 / 84

Item GB.11	S12027

Prospective Site for Hockey at Barra Brui Sportsground, St Ives

EXECUTIVE SUMMARY

purpose of report:	To update Council on the prospective site for hockey at Barra Brui Sportsground, St Ives.

background:	In July 2018, Council provided the Northern Sydney and Beaches Hockey Association ‘In Principle’ support for a synthetic field to be introduced at Barra Brui Sportsground subject to Council completing the necessary assessments and consultation with the community. This provision provided hockey the opportunity to source contribution from the Greater Sydney Sports Facility Fund in 2018.

comments:	The Northern Sydney and Beaches Hockey Association has successfully secured $2.25 million towards the proposed hockey facility at Barra Brui Sportsground, St Ives from the Greater Sydney Sports Facility Fund.

recommendation:	Being the applicant, Council provides consent to the Northern Sydney and Beaches Hockey Association to complete and sign the Draft Funding Agreement with the Office of Sport. That Council advises NSBHA that the execution of funding provided by the Greater Sydney Sports Facility Fund for the proposed project is subject to the necessary approvals and community consultation processes. That Council approves access to S94 funding (previously allocated to synthetic fields proposed at the former Nursery Site) of $1,116,814 to contribute towards environmental assessment, planning approvals, consultation, procurement and project management services of the project and any capital requirements arising for Council as the project is further defined.

Purpose of Report

To update Council on the prospective site for hockey at Barra Brui Sportsground, St Ives.

Background

In July 2018, Council provided the Northern Sydney and Beaches Hockey Association (NSBHA) ‘In Principle’ support for a synthetic field to be introduced at Barra Brui Sportsground subject to Council completing the necessary assessments and consultation with the community.

This provision provided hockey the opportunity to source contribution from the Greater Sydney Sports Facility Fund in 2018.

Comments

On 25 January 2019, the Member for Davidson Jonathan O’Dea announced to NSBHA that they had successfully secured $2.25 million towards the proposed hockey facility from the Greater Sydney Sports Facility Fund.

A Draft Funding Agreement (Attachment A1) has been provided to NSBHA on 13 February 2019. As the applicant, NSBHA will require consent from Council in order to sign and return the document to the Office of Sport which is due late February 2019.

Whilst consent may be granted by Council, the execution of funding provided by the Greater Sydney Sports Facility Fund for the proposed project is pending the necessary approvals and community consultation.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Engage with community partners to improve Councils sporting and recreational facilities.

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

Governance Matters

No governance matters to be considered at this point in time.

Risk Management

Without the continued “In Principle” support towards this opportunity, there is a genuine risk that hockey will battle to survive in the local and regional area.

Financial Considerations

NSBHA intends to fund the proposed project of $3.25 million via the Greater Sydney Sports Facilities Fund ($2.25 million), NSBHA funding ($200,000), local hockey clubs within NSBHA ($14,100) and local hockey community and fundraising ($535,900).

In order for the project to progress, Council would be required to assist NSBHA by financially contributing towards environmental assessment and planning approvals. Subject to the project’s viability, additional funding would be required to complete consultation, procurement and project management services project and any capital requirements arising for Council as the project is further defined.

Council has allocated a total of $1,116,814 from S94 funding towards the proposed synthetic fields at the former Nursery Site, St Ives. This project and the joint use indoor facility at St Ives High School eliminate the need for similar facilities at the former Nursery Site as they are located in the same planning catchment within the contributions plan. It would therefore be recommended that Council approves the reallocation of these funds to complete the aforementioned works at Barra Brui Sportsground.

Social Considerations

The inclusion of a synthetic surface at Barra Brui Sportsground will provide increased social benefits for the community and enable better utilisation of facilities.

If a synthetic surface can be delivered at Barra Brui Sportsground, an alternative site will need to be considered for the dog off-leash community. The most suitable replacement would be Bryce Reserve (located at Bryce Avenue, St Ives) which is a highly underutilised sportsground and within close proximity of Barra Brui Sportsground (approximately 1.5 kilometres).

Environmental Considerations

If the project goes ahead it would be considered under the State Environmental Planning Policy (Infrastructure) 2007. This instrument applies to, among other lands, public reserves within the same meaning as it has in clause 65 (3), wherein development may be carried out by or on behalf of a Council without consent on a public reserve under the control of or vested in the council for (b) recreation areas and recreation facilities (outdoors), but not including grandstands.

Council is in the process of conducting a constraints analysis for the site. As Barra Brui Sportsground is situated on Crown Land, the necessary approvals including Native title issues are also being progressed.

Community Consultation

A comprehensive consultation process will take place with stakeholders and the community if the proposal is viable following assessment.

Internal Consultation

Consultation has taken place with the Strategy and Environment, Operations and Community Departments.

Summary

In July 2018, Council provided NSBHA ‘In Principle’ support for a synthetic field to be introduced at Barra Brui Sportsground subject to Council completing the necessary assessments and consultation with the community.

This provision provided hockey the opportunity to source contribution from the Greater Sydney Sports Facility Fund in 2018. In doing so, NSBHA has successfully secured $2.25 million towards the proposed hockey facility from the Greater Sydney Sports Facility Fund.

A Draft Funding Agreement has been provided to NSBHA on 13 February 2019. As the applicant, NSBHA will require consent from Council in order to sign and return the document to the Office of Sport.

Council would be required to assist NSBHA by financially contributing towards environmental assessment and planning approvals and subject to the project’s viability, additional funding to complete consultation, procurement and project management services and any capital requirements arising for Council as the project is further defined. It has been requested that S94 funding of $1,116,814 allocated to the former Nursery Site be transferred to complete the aforementioned works at Bara Brui Sportsground.

Recommendation:

A. Being the applicant, Council provides consent to the Northern Sydney and Beaches Hockey Association to complete and sign the Draft Funding Agreement with the Office of Sport.

B. That Council advises the Northern Sydney and Beaches Hockey Association that the execution of funding provided by the Greater Sydney Sports Facility Fund for the proposed project is pending the necessary approvals and community consultation process.

C. That Council approves reallocating S94 funding (previously allocated to synthetic fields at the former Nursery Site) of $1,116,814 to contribute towards environmental assessment, planning approvals, consultation, procurement and project management services and any capital requirements arising for Council as the project is further defined.

Guy Thomas

Strategic Recreation Planner

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

Greater Sydney Sports Facility Fund - Draft Funding Agreement - Northern Sydney and Beaches Hockey Association - Barra Brui Sportsground

2019/041760

Ordinary Meeting of Council - 26 February 2019	NM.1 / 89

Item NM.1	S10973-3