Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 17 September 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

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

That in accordance with the provisions of Section 10 of the Local Government Act 1993, all officers’ reports be released to the press and public, with the exception of following confidential report(s) and attachments:

C.1 Lindfield Village Green – Deed & Lease with tfNSW

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

Attachment A1: TfNSW Deed & Lease - LVG

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.14 Upgrade of HVAC System and other tenancy works for 828 Pacific Highway Gordon and changes to tendering requirements in the Local Government Act

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

Attachment 1: Review of fee proposals for chiller

Attachment 2: Lessor Make good and Inter-tenancy works

GB.15 Lindfield Village Green – Tender Readiness

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

Attachment 1: Tender Readiness - Issues review

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

Attachment 2: MPAC Report - LVG Review

Attachment 3: NS Group Report - LVG Review

GB.16 EOI 11/2019 – Lindfield Village Green Head Contractor

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

Attachment 1: EOI11-2019 Tender Evaluation Report

Attachment 2: EOI11-2019 Evaluation Plan

GB.17 Tender RFT7-2019 Building Schedule of Rates Panel Tender

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

Attachment 1: RFT7-2019 List of submitters

Attachment 2: RFT7-2019 Tender evaluation report

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 10

File: S02131

Meeting held 20 August 2019

Minutes numbered 134 to 155

minutes from the Mayor

MM.1 Spring Flower Celebration for Ku-ring-gai 33

File: S05898

I propose a program to develop an annual local centres Spring Flower Celebration for Ku-ring-gai.

Council’s successful annual Wildflower Art and Garden Festival at St. Ives Wildflower Garden heralds the start of Spring in Ku-ring-gai. It is intended that this Mayoral Minute will provide opportunity for our local centres to also participate in a similar type of seasonal celebration.

Additionally, the Mayoral Minute will complement the ‘Activate Ku-ring-gai’ program, and it will provide a more immediate way to beautify and instil a sense of civic pride in local centres while ‘Activate Ku-ring-gai’ is being implemented over the coming years.

The concept of a Spring Flower Celebration has been successfully implemented by Councils in Sydney and internationally. Similar programs exist where the Council effectively partners with local businesses to provide hanging planter baskets/boxes and plants to help beautify local areas. An iconic example is Belgravia In Bloom, please see the photo below.

This Mayoral Minute is to seek support for a pilot partnership program, to commence in Spring 2020, in selected streets and suburbs in Ku-ring-gai, that would lend themselves to a similar approach and that a small trial be conducted in Spring 2019 in one local centre in order to provide helpful feedback for the subsequent report back to Council.

The recent success of the ‘pop-up park’ in St Johns Avenue and its popularity with local businesses, shoppers and residents shows that there is a desire to create ambience using plants and street furniture. A focus would be on enhancing Ku-ring-gai’s place making and destination engagement. Local businesses can also be encouraged to activate the theme through their shopfront, service and retail activation. Reduction in litter and graffiti is also an identified benefit of public domain beautification.

Staff could work with local businesses to encourage and support the celebration. The program could also incorporate social and digital media campaigns to encourage local residents to also engage in the celebration.

MM.2 Anne Townsend - Pymble Turramurra Pre-School 35

File: S07466

The purpose of this Mayoral Minute is to recognise more than 40 years contribution to our community by Anne Townsend from the Pymble Turramurra Pre-School.

Pymble Turramurra Pre-school, affectionately known as ‘Handley Avenue’ where it is located in Turramurra, is operated and run by a volunteer parent Board of Management in a building leased from the Council. The pre-school is a highly respected educational institution that has been operating in the Ku-ring-gai community since 1962.

Anne Townsend was first employed in 1979 as fresh faced young teacher by the name of Miss Anne Cambridge. The pre-school in those days employed some novel methods to raise funds, including a fashion parade, a pet show and even a monkey circus!

Working bees were held to paint doors and cupboards, put up noticeboards and shelving, prune hedges and install a playground swing. The children enjoyed excursions to Bobbin Head to see the boats and outings on the bus, train and ferry – without any of the paperwork that would be required now.

So much has changed over the years, and yet so much is just the same as it was. This can largely be attributed to the steady and guiding influence of Anne Townsend. Anne could not have possibly imagined in 1979 when she first arrived at the pre-school that she would be there for 41 years. As the current director memorably puts it, ‘Anne has been the compass by which this pre-school has centred itself’.

Anne has educated hundreds and hundreds of children over the years, to the point now where she is teaching the children of children she first taught back in 1979. It has been a great pleasure for me in recent years to visit the Pre-school, to read to the children and to see first-hand the wonderful dedication of Anne and the staff at ‘Handley Avenue’.

Anne Townsend has been a wise and skilful mentor to her fellow teachers, as well as to students from Macquarie University in her capacity as a supervisor to the Faculty of Early Childhood Education. She has extended her educational experience and expertise, attaining her Masters in Psychotherapy in 2012 and opening a private clinic to offer counselling to families and young children.

At the end of 2018, Anne Townsend stepped aside from face-to-face teaching, taking on a leadership and mentoring role this year. Anne and her husband John have now purchased a new home on the coast and are contemplating retirement.

However before Anne leaves the pre-school for good, I would like to acknowledge her great contribution to the wellbeing and early education of many generations of Ku-ring-gai pre-schoolers. There will be big shoes to fill once she has retired, but her knowledge and skills will live on in the teachers that come after her. Thank you Anne, from the Ku-ring-gai community and all at Council.

Petitions

PT.1 Petition for a footpath to be built along Abingdon Road Roseville 37

File: 88/05005/01

“The intent of this petition is to inform Council of the high priority local residents place on the need for a pedestrian path to be constructed along Abingdon Road, Roseville from Eton Road to Shirley Road. Furthermore, to look at a completion date within the next 12-18 months (327 signatures)”.

GENERAL BUSINESS

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

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

GB.1 Election of the Mayor for the 2019 - 2020 Term 38

File: S03662

To elect the Mayor for the 2019–2020 term.

Recommendation:

A. That Council determine whether the method of voting for the position of Mayor is to proceed by preferential ballot, ordinary ballot or open voting.

B. That Council elect the Mayor for the 2019-2020 Mayoral term.

GB.2 Election of Deputy Mayor for the 2019 - 2020 Term 45

File: S03662

To elect the Deputy Mayor for the 2019-2020 term.

Recommendation:

A. That Council determine whether the method of voting for the position of Deputy Mayor is to proceed by preferential ballot, ordinary ballot or open voting.

B. That Council elect the Deputy Mayor for the 2019-2020 term.

GB.3 Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2019 - 2020 Mayoral Term 52

File: S10078

For Council to give consideration to the appointment of the chairpersons and deputy chairpersons for Council’s Reference and Advisory Committees for the 2019 – 2020 Mayoral term.

Recommendation:

That Council make appointments to its Reference and Advisory Committees for the 2019-2020 Mayoral term.

GB.4 Representation on External Committees and Organisations 2019 - 2020 Mayoral Term 83

File: S03662

For Council to appoint its representatives to external committees and organisations for the 2019 – 2020 Mayoral term.

Recommendation:

That Council appoint its representatives to external committees and organisations for the 2019-2020 Mayoral term and the external committees and organisations be informed of Council’s nominated representatives.

GB.5 2019 Ku-ring-gai Community Grants Program 89

File: FY00430/10

To advise Council of applications received for the 2019 Ku-ring-gai Community Grants program, and to recommend funding allocations to community groups.

Recommendation:

That Council approves the recommendations in this report for funding of $97,800 for community and cultural groups.

GB.6 Investment Report as at 31 August 2019 198

File: FY00623/2

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

Recommendation:

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

GB.7 Draft General and Special Purpose Financial Statements for the year ended 30 June 2019 207

File: FY00259/12

To present to Council the draft Financial Statements for the year ended 30 June 2019 for certification and referral to Council’s external auditor, the Audit Office of NSW and report on the budgetary position at as 30 June 2019.

Recommendation:

That Council receive, certify and refer the draft Financial Statements for the year ended 30 June 2019 to Council’s external auditor, the Audit Office of NSW.

GB.8 Review of Reporting and Compliance Burdens on Local Government (IPART) - Feedback on the Recommendations of the Final Report 328

File: S11015

To advise Council of the final report on IPART’s review of reporting and compliance burdens on Local Government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

Recommendation:

That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of reporting and compliance burdens on Local Government – Final Report April 2016”.

GB.9 Invitation to Streetwork Glam and Grunge Fundraising Event 350

File: CY00043/11

To inform Councillors of an invitation from StreetWork for their Glam and Grunge fundraising event that will be held on Friday, 25 October 2019 at Club Willoughby.

Recommendation:

That Council purchase a corporate table for the 2019 StreetWork Glam and Grunge fundraising event. That any Councillors wishing to attend the fundraising lunch advise the General Manager by Tuesday, 24 September 2019.

GB.10 Invitation - KYDS Youth Development Service Fundraising Event 355

File: CY00076/11

To inform Councillors of the KYDS Youth Development Service fundraising lunch at the Ernst & Young Building, Sydney on Friday, 8 November 2019.

Recommendation:

That Council purchases a table of ten tickets to the KYDS Youth Development Service fundraising lunch. That any Councillors wishing to attend advise the General Manager by Tuesday, 24 September 2019.

GB.11 Delivery Program 2018-2021 and Operational Plan 2018-2019: June 2019 Bi-Annual Report 359

File: FY00382/11

To report to Council on the progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019, for the period January to June 2019.

Recommendation:

That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2018-2019 be received and noted.

GB.12 Single-Use Plastic and Sustainable Event Management Policies 463

File: S09069/9

For Council to endorse the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

Recommendation:

A. That Council endorses the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received for these policies.

GB.13 Draft Flood Prone Land Policy 492

File: S10746

To seek Council’s endorsement to place the Draft Flood Prone Land Policy and revised Flood Planning Area Map for the Blackbutt Creek catchment on public exhibition.

Recommendation:

That Council endorses the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map for public exhibition and that a report be brought back to Council to consider any submissions received.

GB.14 Upgrade of HVAC System and other tenancy works for 828 Pacific Highway Gordon and changes to tendering requirements in the Local Government Act 509

File: S09582/6

To seek Council approval for urgent upgrade works to the HVAC system and other preparatory tenancy works on Level 2 to accommodate new tenants at 828 Pacific Highway Gordon and update the General Manager’s delegations with regard to tendering to reflect recent changes to the Local Government Act 1993.

Recommendation:

That Council accepts the recommended fee proposals for the installation of a chiller and the carrying out of make good and inter-tenancy works for 828 Pacific Highway Gordon, delegates to the General Manager the authority to execute contracts for the proposed works and authorises the General Manager to undertake all procurement without undertaking a competitive tendering process for amounts less than $250,000 in accordance with recent changes to the Local Government Act 1993.

GB.15 Lindfield Village Green - Tender Readiness 517

File: S12201

To update Council on the tender readiness of the Lindfield Village Green (LVG) project.

Recommendation:

That Council resolve to progress the project into the Stage 2 (Financial) tender as soon as the MPSC are satisfied that gateway issues are resolved.

GB.16 EOI 11/2019 - Lindfield Village Green Head Contractor 522

File: EOI11-2019/R

To consider the applications received for Expression of Interest (EOI) no. EOI11-2019 – Lindfield Village Green (LVG) Head Contractor and to recommend to Council a pre-qualified panel of contractors to be invited into the Stage 2 (financial) Tender.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended that Council accept the pre-qualified panel for Head Contractor as identified in the Confidential Attachment A1 - EOI Evaluation Report.

GB.17 Tender RFT7-2019 Building Schedule of Rates Panel Tender 528

File: RFT7-2019

To consider the tenders received for the Building Schedule of Rates Panel and to appoint all compliant tenderers.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the Tenders submitted by all Tenderers ‘A to M’ to form a panel of contractors to perform building construction and maintenance work on Council buildings and amenities.

Extra Reports Circulated to Meeting

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 9.3 OF code of meeting practice

Questions With Notice

QN.1 Review of Council Policies 533

File: S03881

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 Lindfield Village Green - Deed & Lease with TfNSW

File: S12201

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

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

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

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

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(ii) because it would confer a commercial advantage on a competitor of the Council.

Report by Director Strategy & Environment

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 20 August 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 Development & Regulation (Michael Miocic) Director Operations (George Bounassif) Director Strategy & Environment (Andrew Watson) Director Community (Janice Bevan) Corporate Lawyer (Jamie Taylor) Manager Governance and Corporate Strategy (Michael Wearne) Acting Manager Records and Governance (Peter Doyle) Group Lead, Major Projects (Geoffrey Douglas) Manager Corporate Communications (Virginia Leafe) Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska) Minutes Secretary (Sigrid Banzer)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

The Mayor referred to the necessity for Councillors and staff to declare a Pecuniary Interest/Conflict of Interest in any item on the Business Paper.

Conflicts were declared by:

Councillor Sam Ngai declared a less than significant non-pecuniary conflict of interest with item GB16. He used to be a member of the KPMG Financial Modelling team twelve years ago, and he notes that their services were engaged in providing financial analysis for the Lindfield Village Hub. He has not been in contact with the KPMG Financial Modelling team since 2007, and he said he intends to remain in the chamber.

Councillor Christine Kay declared a less than significant non-pecuniary interest with item GB1. She is on the steering committee for the St Ives Food and Wine Festival. She said she will leave the chambers

Director Watson declared a significant non-pecuniary interest for GB16. Due to his specific statutory role in reporting a planning proposal to Council, he said he will leave the chambers so that he doesn’t listen to speakers.

DOCUMENTS CIRCULATED TO COUNCILLORS

The Mayor referred 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.17 - Local Government NSW Annual Conference 2019 - Proposed Motion - Report by Director Corporate dated 12 August 2019

134

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S12165-7-3

Resolved:

(Moved: Councillors Greenfield/Clarke)

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

GB.14 – Tender RFT10-2019 – Playground Upgrade – Irish Town Grove

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

Attachment A1: RFT10-2019 List of Tenders

Attachment A2: RFT10-2019 Tender Evaluation Report

GB.15 – Renewal of Lease to West Pymble Bicentennial Club

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

Attachment A1: Heads of Agreement

GB.16 – LVH Planning Proposal

In accordance with section 10(2)(c)

Attachment A1: LVH - Summary of the Feasibility Report(2)

Attachment A2: LVH - CBRE - Commercial Appraisal 130619(2)

Attachment A3: Feasibility - KPMG - Project Outputs Analysis(2)

Attachment A4: Feasibility - KPMG - Market Report(2)

Attachment A5: LVH - MPAC Report with MPU Responses - 1 July 2019(2)

CARRIED UNANIMOUSLY

CONFIRMATION OF MINUTEs

135

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 23 July 2019

Minutes numbered 124 to 133

Resolved:

(Moved: Councillors Greenfield/Clarke)

That Minutes numbered 124 to 133 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Having previously declared a conflict of interest in the Council Sponsorships matter, Councillor Kay left the chamber.

136

Council Sponsorships

File: FY00275/11

Vide: GB.1

To advise Council of the sponsorship requests received under Council’s Sponsorship Policy for 2019–2020 and for Council to approve all sponsorship requests over $5,000.

Resolved:

(Moved: Councillors Szatow/Smith)

THAT Council approves requests in excess of $5,000:

• Wahroonga Food & Wine Festival $8,000

• Welcome Basket $8,500

• Carols in the Park $10,000

CARRIED UNANIMOUSLY

Councillor Kay returned to the Chamber after voting on GB.1. had concluded.

137

Policy Updates - Commercial Leasing, Acquisition and Divestment of Land, Easement Management, Planning Agreements

File: CY00473/6

Vide: GB.2

To update various Council policies.

Resolved:

(Moved: Councillors Szatow/Pettett)

That the following policies be exhibited for at least 28 days and reported back to Council.

1. Commercial Leasing Policy 2019

2. Acquisition and Divestment of Land Policy 2019

3. Easement Management Policy 2019

4. Planning Agreement Policy 2019

CARRIED UNANIMOUSLY

138

Mayoral Donations for Financial Year 2018/2019

File: FY00275/11

Vide: GB.3

To advise Council of the Mayoral donations made during the 2018/2019 financial year.

Resolved:

(Moved: Councillors Szatow/Greenfield)

That the report be received and noted.

CARRIED UNANIMOUSLY

139

Investment Report as at 31 July 2019

File: FY00623/2

Vide: GB.4

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

Resolved:

(Moved: Councillors Szatow/Greenfield)

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

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

CARRIED UNANIMOUSLY

140

Analysis of Land and Environment Court Costs - 4th Quarter 2018 to 2019

File: FY00623/2

Vide: GB.5

To report legal costs in relation to development control matters in the Land and Environment Court for the year ended 30 June 2019.

Resolved:

(Moved: Councillors Szatow/Greenfield)

That the analysis of Land and Environment Court costs for the quarter ended 30 June 2019 be received and noted.

CARRIED UNANIMOUSLY

141

Carried Forward Projects Expenditure - 2018/19

File: FY00259/12

Vide: GB.6

To seek endorsement from Council to carry forward the attached list of 2018/19 projects into the current financial year.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council approve the attached list of carried forward expenditure from 2018/19

to the current financial year.

CARRIED UNANIMOUSLY

142

Naming of New Park at Allan Avenue Turramurra

File: S08531

Vide: GB.8

To advise Council on the outcome of the Geographical Names Board meeting on 14 May 2019 and seek Council’s endorsement of the proposed naming for the new park at Allan Avenue, Turramurra.

Resolved:

(Moved: Councillors Szatow/Clarke)

A. That Council endorses the re-submission of the originally proposed name “Boyds Orchard Park” to the Geographical Names Board for approval following their decision to reject the alternative proposed name “Westlake Park.”

B. Should the name “Boyds Orchard Park” be rejected by the Geographical Names Board that a further report be brought back to Council regarding the proposed name of the park.

CARRIED UNANIMOUSLY

143

Road Naming - Hanson Way

File: S03211

Vide: GB.9

To report on the proposal to name the new road in Gordon, “Hanson Way”.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council names the new road linking Dumaresq Street to Moree Street Gordon, “Hanson Way”.

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

CARRIED UNANIMOUSLY

144

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

File: S10508

Vide: GB.10

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

Resolved:

(Moved: Councillors Szatow/Clarke)

A. That Ku-ring-gai Council provide the Northern Suburbs Football Association (NSFA) with a Letter of Support for their Greater Sydney Sports Facility Fund application (2019).

B. The Letter of Support clearly state Council’s support for the Greater Sydney Sports Facility Fund Program application (2019) only.

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

CARRIED UNANIMOUSLY

145

Heritage Reference Committee Recommendations for Heritage Home Grants Applications - Financial Year 2019/2020

File: S11080

Vide: GB.11

For Council to consider the recommendations from the Heritage Reference Committee (HRC) for the applications under the Heritage Home Grants program for 2019/2020. Further, that Council consider additional funding and administrative matters raised by the HRC in relation to the Heritage Home Grants program.

Resolved:

(Moved: Councillors Szatow/Smith)

A. That Council approves the grant applications summarised in Attachment A2 for the Heritage Home Fund 2019/2020 under the conditions outlined in Attachment A3.

B. That Council waive any applicable Minor Works approval fees required by successful funding recipient to undertake their projects as identified in Attachment A3.

C. That Council considers increasing the total funds available via its Heritage Home Grants program to $50,000 per year as part of the preparation of the 2020/2021 budget.

CARRIED UNANIMOUSLY

146

Minutes of the Heritage Reference Committee

File: CY00413/7

Vide: GB.12

For Council to consider the Minutes of the Heritage Reference Committee (HRC) meetings.

Resolved:

(Moved: Councillors Szatow/Smith)

That Council receives and notes the Heritage Reference Committee Meeting Minutes of 28 June 2017, 24 July 2017, 5 April 2018, 3 May 2018, 26 July 2018, 13 September 2018, 22 November 2018 and 5 March 2019.

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

Against the Resolution: Councillor Kelly

147

Baseball/softball batting cage proposal at Sir David Martin Reserve (Auluba 3), South Turramurra

File: S04471

Vide: GB.13

To update Council on the Kissing Point Baseball Club’s (KPBC) proposal to include a baseball/softball batting cage at Sir David Martin Reserve (Auluba 3), South Turramurra and seek endorsement to conduct community consultation for this provision.

Resolved:

(Moved: Councillors Szatow/Clarke)

That Council provides approval to undertake community consultation for the inclusion of a baseball/softball batting cage at Auluba 3 South Turramurra. Following the exhibition period, a report be brought back to Council.

CARRIED UNANIMOUSLY

148

Tender RFT10-2019 - Playground Upgrade - Irish Town Grove

File: RFT10-2019

Vide: GB.14

To consider the tenders received for Playground Upgrade – Irish Town Grove and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Spencer)

A. That Council accept the tender submission from Tenderer ‘A’ to carry out the Playground Upgrade – Irish Town Grove.

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

149

Renewal of Lease to West Pymble Bicentennial Club

File: S07455

Vide: GB.15

To seek Council’s endorsement to grant a twenty-one (21) year lease to the West Pymble Bicentennial Club located at No. 2 Prince of Wales Drive, West Pymble in accordance with the terms set out in the confidential Heads of Agreement (Attachment A1).

Resolved:

(Moved: Councillors Szatow/Clarke)

A. That Council enters into a lease agreement with the West Pymble Bicentennial Club for a maximum term of twenty-one (21) years in accordance with the terms set out in the confidential Heads of Agreement(Attachment A1).

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

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

D. That public notification of the proposed lease be undertaken in accordance with Section 47 of the Local Government Act, 1993.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

150

BGHF Regeneration Plan

File: S06843

Vide: NM.1

Notice of Motion from Councillors Greenfield and Smith dated 2 August 2019

Since 1931 Ku-ring-gai Council has recognised the value of the BGHF and been protecting the BGHF reserves.

Even with the protection we can visibly see the reduction in the BGHF in the Turramurra / Pymble / Warrawee and Wahroonga areas. This valuable resource is critically endangered and on our watch we must take action to preserve and regenerate wherever possible before it is too late.

A bush regeneration program in Observatory Park, Pennant Hills over a 10 year period with cessation of mowing combined with weed removal has allowed a trebling of native species from 46 to 126 in 10 years. The emergence of many eucalypt saplings ensures the continued replenishment of the canopy. Mowing 6 times a year prevents the trees from developing and the shrub layer is sparse however reducing the interval to 6 months improved the native species regeneration.

What is Blue Gum High Forest

Blue gum high forest is a unique community of trees, shrubs, grasses and groundcovers that once covered large areas of the shale-capped ridge-tops of Sydney’s northern districts.

Why is it so important?

Blue gum high forest:

· is a unique assembly of plants, from giant trees to tiny ground orchids and grasses

· provides habitat and shelter for a range of native animals, including the grey-headed flying-fox and glossy black cockatoo, that are listed as threatened in the Threatened Species Conservation Act 1995

· is part of the distinctive landscape of the Sydney region, and is not found anywhere else in Australia

· provides a living link to ancient Australia

· contains trees that form hollows large enough to shelter animals such as the threatened powerful owl, parrots, possums and tiny insectivorous bats.

Today the invasion of weeds, nutrient-rich stormwater run-off, rubbish dumping, inappropriate fire regimes and mowing of plants are causing the forest to decline further.

Brief history of the St Ives forest

The St Ives blue gum high forest has a rich history

1867 - Thomas Brown purchased the land now known as Browns Forest. He chose not to develop it and willed it to his children (Blue Gum High Forest Group 2007).

1920 - The first Commissioner of Forests, Richard Dalrymple-Hay, purchased the forest for its historic interest and environmental educational purposes (Blue Gum High Forest Group 2007).

1931 - Ku-ring-gai Council, after a struggle with development proposals, purchased the land known as Browns Forest as a ’forest reserve for all time‘ (Blue Gum High Forest Group 2007).

1972 - Dalrymple–Hay was gazetted as a nature reserve (Department of Environment and Conservation 2004a).

1997 - Blue Gum High Forest has been gazetted as a critically endangered ecological community under the NSW Threatened Species Conservation Act 1995

2005 - Ku-ring-gai council unanimously agreed to allocate part-funding for the purchase of 100 – 102 Rosedale Road, St Ives, a Blue Gum High Forest area.

The Commonwealth Minister for Environment and Heritage listed the Blue Gum High Forest and the Turpentine Ironbark Forest in the Sydney Basin as critically endangered.

100 Rosedale Road was bought by the NSW Transport Infrastructure Development Corporation as an offset to compensate for 0.33 ha of Blue Gum High Forest destroyed as a result of upgrading Hornsby Railway Station and the property was transferred to the Department of Environment and Conservation.

2006 - Blue Gum High Forest St Ives was selected as a Threatened Species Demonstration Site. This endangered ecological community was the first of 11 sites within the Sydney Metropolitan Catchment Management Area chosen to showcase best practice management to ensure the long-term viability of threatened species, populations and/or ecological communities.

2007 - NSW Scientific Committee determined that the Blue Gum High Forest ecological community be listed as critically endangered, recognising the increased level of threat since it was listed as endangered in 1977 under the NSW Threatened Species Conservation Act.

102 Rosedale Road was purchased by Ku-ring-gai Council, assisted by $350,000 from the National Reserve System and over $72,000 in public donations.

References

https://www.step.org.au/index.php/campaigns/blue-gum-high-forest

https://www.environment.nsw.gov.au/resources/threatenedspecies/08185tsdsbluegum.pdf

http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.597.4230&rep=rep1&type=pdf

I, therefore, move that:

A. A report be brought to Council documenting the progress of regeneration, current plans and future plans, including:

a. what land has been put aside for regeneration

b. what controls and protection are in place and can be put in place to ensure the protection for future generations

c. education and support strategy for residents living near / alongside bushland previously BGHF by council to participate in the regeneration programs.

Resolved:

(Moved: Councillors Szatow/Greenfield)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

151

Local Government NSW Annual Conference 2019 - Proposed Motion

File: S02046/12

Vide: GB.17

To seek Council’s approval to submit a motion to the 2019 Local Government NSW Conference.

Resolved:

(Moved: Councillors Szatow/Ngai)

That Council submit a motion to the LGNSW annual conference to lobby the NSW Government to prioritise the delivery of waste recovery facilities as key infrastructure for NSW to support a circular economy and minimise landfill.

CARRIED UNANIMOUSLY

152

Review of the Local Government Rating System Final Report (IPART) - Feedback on the recommendations of the final report

File: S06788/7

Vide: GB.7

To advise Council of the final report on IPART’s review of the rating system for local government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

Resolved:

(Moved: Councillors Clarke/Pettett)

A. That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of the Local Government Rating System - Final Report December 2016”.

B. That Council advertise on the website that all residents can make a submission, to be lodged by 13 September 2019, and Council provide a guide.

For the Resolution: Councillors Ngai, Pettett, Clarke, Spencer, Greenfield, Smith, Kelly, Szatow and Kay

Against the Resolution: The Mayor, Councillor Anderson

Having previously declared a conflict of interest in the LVH Planning Proposal matter, Director Watson left the chamber.

153

LVH Planning Proposal

File: S12165-7

Vide: GB.16

To propose that Council endorse lodgement of a Planning Proposal seeking to amend the KLEP (LC) 2012 with respect to the height and Floor Space Ratio (FSR) provisions at the Lindfield Village Hub site.

To provide Council with an overview of the intended effect and rationale for seeking the proposed amendments

For Council to note the requirement to retain Lot 3 of DP 1226294 as part of the project site area.

Motion:

(Moved: Councillors Szatow/ Greenfield)

A. That Council endorse preparation and lodgement of a Planning Proposal, in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979, seeking to amend the Ku-ring-gai LEP (Local Centres) 2012 as it applies to the Lindfield Village Hub site as follows:

i. With a height control of no higher than the highest building in Lindfield being 23 – 41 Lindfield Avenue (known as the Aqualand building) which equates to no more than a 9 storey building on the Lindfield Village Hub site, including a provision at Clause 4.3 to allow for roof top plant, lift overruns and rooftop communal open space (and

associated structures) to be located above the proposed maximum height limits, where appropriate.

ii. Amend the current additional permissible use provision at Clause 29 in Schedule 1 to allow development for the purpose of attached dwellings on the site, at the corner of Bent Street and Drovers Way, Lindfield.

B. That Council note the proposed amendment of Part 14E of the KDCP (LC) 2012 to reflect the Planning Proposal and the associated Urban Design Report and that this will remove reference to the current Lindfield Village Hub Masterplan.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council note that the minimum areas (m²) to be provided for the following project components are as follows:

local park 3,000m²
plaza 900m²
library 1,250m²
community facility 1,200m²

E. That all non-mandatory basement car spaces designated to offset existing spaces at Woodford Lane car park are removed from the project scope.

F. That a funding strategy be developed to offset the anticipated reduction in revenue due to the reduction in proposed building heights.

G. That Council authorise the General Manager to finalise the Planning Proposal on its behalf as landowner, in accordance with recommendations A-F, and to submit the Planning Proposal to the relevant Planning Authority (Council).

AMENDMENT

(Moved: Spencer/ Ngai)

That Council proceed with the Lindfield Village Hub project on the basis of the original masterplan and project requirements in accordance with the Council Resolutions of 6 October 2015 and 10 November 2015.
That Council proceed with Request for Tender (RFT) by September 2019.

Procedural Motion:

(Moved: Councillor Clarke)

That the Amendment be now put.

The procedural motion was put and declared carried.

CARRIED UNANIMOUSLY

The Amendment was put and declared LOST.

For the Amendment: Councillors Ngai, Pettett, Spencer, Kelly

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

SECONDAMENDMENT

(Moved: Councillors Ngai/ Pettett)

associated structures) to be located above the proposed maximum height limits, where appropriate.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council note that the minimum areas (m²) to be provided for the following project components are as follows:

local park 3,000m²
plaza 900m²
library 1,250m²
community facility 1,200m²

E. That a funding strategy be developed to offset the anticipated reduction in revenue due to the reduction in proposed building heights.

F. That Council authorise the General Manager to finalise the Planning Proposal on its behalf as landowner, in accordance with recommendations A-E, and to submit the Planning Proposal to the relevant Planning Authority (Council).

During discussion and debate on the Second Amendment, Councillors Kay and Greenfield left and returned to the Chamber.

The Second Amendment was put and CARRIED, with the Mayor using her casting vote. The Second Amendment now became the substantive Motion.

For the Amendment: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Spencer and Kay

Against the Amendment: Councillors Clarke, Greenfield, Szatow, Smith and Kelly

Councillors resumed debate on the substantive Motion.

THIRD AMENDMENT

(Moved: Councillors Clarke/ Szatow)

associated structures) to be located above the proposed maximum height limits, where appropriate.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council note that the minimum areas (m²) to be provided for the following project components are as follows:

local park 3,000m²
plaza 900m²
library 1,250m²
community facility 1,200m²

E. That half of all non-mandatory basement car spaces designated to offset existing spaces at Woodford Lane car park are removed from the project scope.

F. That a funding strategy be developed to offset the anticipated reduction in revenue due to the reduction in proposed building heights.

G. That Council authorise the General Manager to finalise the Planning Proposal on its behalf as landowner, in accordance with recommendations A-E, and to submit the Planning Proposal to the relevant Planning Authority (Council).

Procedural Motion:

(Moved: Councillor Smith)

That the Third Amendment be now put.

The procedural motion was put and declared CARRIED.

CARRIED UNANIMOUSLY

The Third Amendment was put and declared LOST.

For the Amendment: Councillors Clarke, Greenfield, Szatow and Smith

Against the Amendment: The Mayor, Councillor Anderson, Councillors Ngai, Pettett, Spencer, Kelly and Kay

Councillors resumed debate on the substantive Motion.

FOURTH AMENDMENT

(Moved: Councillors Spencer/ Pettett)

That due to the difficulty in balancing community needs, planning outcomes and financial sustainability ahead of the new comprehensive LEP, the Lindfield Village Hub project, planning and tender processes be terminated.
That shortlisted tenderers be thanked for their participation and advised of Council’s decision.
That project resources be diverted to progressing the Turramurra and Gordon Hubs, and in due course recommencing the Lindfield Village Hub project, in conjunction with preparation of a new comprehensive LEP for the whole local government area.
That the General Manager implement this resolution as soon as practicable.

Procedural Motion:

(Moved: Councillor Kelly)

That the Fourth Amendment be now put.

The procedural motion was put and declared CARRIED.

CARRIED UNANIMOUSLY

The Fourth Amendment was put and declared LOST.

For the Amendment: Councillors Spencer and Kelly

Against the Amendment: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Pettett, Greenfield, Szatow and Kay

Councillors resumed debate on the substantive Motion below.

Resolved:

associated structures) to be located above the proposed maximum height limits, where appropriate.

C. That Council note the requirement to retain Lot 3 of DP1226294 as part of the project site area.

D. That Council note that the minimum areas (m²) to be provided for the following project components are as follows:

local park 3,000m²
plaza 900m²
library 1,250m²
community facility 1,200m²

E. That a funding strategy be developed to offset the anticipated reduction in revenue due to the reduction in proposed building heights.

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

Against the Motion: Councillors Pettett, Spencer and Kelly

Director Watson returned to the Chamber after all debate and voting on GB.1 had concluded.

QUESTIONS WITH NOTICE

154

Blue Gum High Forest

File: S06843

Vide: QN.1

QUESTION:

Question from Councillor Greenfield dated 2 August 2019:

To the director

Would you please provide detail of Blue Gum High Forest in Turramurra / Pymble / Wahroonga and Warrawee areas referring to

1. Maps and detailing information on the volume / area of BGHF in the above areas in 1990, 2000, 2010 and today

2. The protection in place for the BGHF along the Pacific Highway Ridge.

3. What protection controls have been and are in place for the BGHF that have been successful in protecting the forest in 1990, 2000, 2010 and present.

4. What has contributed to the reduction in BGHF in 1990, 2000, 2010 and present.

ReSPONSE:

Response from Director Strategy & Environment:

1. Maps and detailing information on the volume / area of BHGF in the above areas in 1990, 2000, 2010 and today

Fine scale vegetation mapping for the Ku-ring-gai LGA (including the area of BGHF) is available for 2010, and is analysed in the report Mapping and Assessment of Key Vegetation Communities across the Ku-ring-gai Local Government Area – Volume 1: Technical report - November 2011 (available for purchase through fees and charges). Since then this mapping has been updated opportunistically and is currently available upon request, with the updated vegetation mapping soon to be available on Council’s website. Prior to 2010, vegetation mapping for the Ku-ring-gai LGA (including the area of BGHF) was predictive and covering broad areas and dates back to 2001 and is contained in the Native Vegetation Associations Web Map – KMC Predictive Vegetation (available upon request).

A further review of any historic mapping by Council or other agencies would be required in order to understand any other available mapping.

2. The protection in place for the BGHF along the Pacific Highway Ridge.

In addition to legislative protection under the Biodiversity Conservation Act 2016, Council’s LEPs and DCPs have included biodiversity controls protecting BGHF since 5 July 2013 when LEP 218 came into effect. Council manages a 99 hectare Biobanking site at Sheldon Forest, Rofe Park and Commenarra Creek Reserve, which protects BGHF in perpetuity. Council also invests Environmental Levy and general funds annually into its bushland restoration program, to restore a number of important reserves containing BGHF.

3. What protection controls have been and are in place for the BGHF that have been successful in protecting the forest in BGHF in 1990, 2000, 2010 and present.

In addition to legislative protection under the Biodiversity Conservation Act 2016, and previously under the Threatened Species Conservation Act 1995, Council’s LEPs and DCPs have included biodiversity controls protecting BGHF since 5 July 2013 when LEP 218 came into effect.

The success of these controls will in part be informed through updated vegetation and canopy mapping to be undertaken as part of an urban forest monitoring program in 2019/20. It should, however, be noted that the method of historic comparison (including the years selected for historical analysis) has not yet been determined. As such, whilst this monitoring program will enable an assessment of BHGF extent change, it may not provide a data comparison using the exact years 1990, 2000 and 2010.

A further review of controls to protect Ku-ring-gai’s urban forest and biodiversity (including BGHF) will be undertaken as part of the LEP / DCP updates planned to be completed by the end of 2022. This should include a review of relevant land and environment court cases.

4. What has contributed to the reduction in BGHF in 1990, 2000, 2010 and present.

Extensive logging in colonial years, later clearing to facilitate market gardening and post war suburban development has impacted the environment of Ku-ring-gai. Planning and land use activities have over a long period of time resulted in a significant decline in the extent of ecological communities, particularly those associated with the more fertile shale derived soils, such as Blue Gum High Forest. In addition, the pressures of urban tree management, with an aging tree population within urban areas; storm damage; and mitigation from bushfire hazard have contributed to the reduction in BGHF. Small-scale clearing associated with residential subdivision, road upgrading and the extension and maintenance of service easements etc. pose a threat of ongoing decline in the extent of the BGHF community. The influx of stormwater, which brings excessive moisture, pollutants and nutrients to the remnant forests from surrounding urban areas, is a significant ongoing threat to the ecological integrity of BGHF. This, together with the legacy of past disturbances and the abundance and dispersal of weed propagules from nearby urban areas, results in the invasion, establishment and spread of weeds. The influx of stormwater, pollutants and nutrients, and the invasion of weeds contribute to a very large reduction in the ecological function of the BGHF community.

To more clearly answer what has contributed to the reduction in BGHF in 1990, 2000, 2010 and present, further data and analysis would be required, particularly to more precisely understand past and current pressures upon Ku-ring-gai’s urban forest (including BGHF). This would include, for example, a review of trees removed due to risk, development trends / outcomes, severe weather events and legislative changes (eg. 10/50 Vegetation Clearing Code of Practice 2015).

155

Pedestrian Crossing at Lindfield Station Pacific Highway

File: S10973

Vide: QN.2

QUESTION:

Question from Councillor Ngai dated 1 August 2019:

It is generally acknowledged that the pedestrian crossing at Lindfield Station Pacific Highway is dangerous, with risk-taking pedestrians choosing to cross when vehicles are going around the bend. It is also clear that there will not be a pedestrian bridge or tunnel in this area for at least the next three years.

Can the relevant Council staff and/or Traffic Committee please investigate ways of making this pedestrian crossing safer in the interim? There may be measures such as pedestrian and driver education or signage, road markings, or barriers that we have yet to implement.

ReSPONSE:

Response from Director of Strategy & Environment:

The work done by PeopleTrans in 2014 as part of the Lindfield Local Centre Transport Network Model Study included observations of pedestrian behaviour at this location, and noted that there are safety issues “due to the long pedestrian wait time (150 second cycle times) and narrowness of the central median island where pedestrians take risks in crossing the Pacific Highway during the red pedestrian phase. This was observed to occur particularly during the PM peak period.”

The pedestrian crossing may be perceived to be hazardous, but the most recent 5 years of available crash data revealed 2 recorded crashes at/near the signalised pedestrian crossing, and these 2 recorded crashes were both rear-end crashes (i.e. did not involve pedestrians). The most recent recorded pedestrian-related collision at/near the signalised pedestrian crossing dates back to 2006. This may indicate that pedestrians use the crossing facilities appropriately at this location.

Potential improvements to pedestrian facilities and pedestrian safety at this site may include:

· Reduce traffic signal cycle time during peak periods: This would help to provide more crossing opportunities thus reducing wait time for pedestrians, and therefore discourage pedestrians crossing Pacific Highway during the red phase. Implementing this, though, would result in less green time for Pacific Highway traffic, and Transport for NSW is unlikely to support this measure.

· Pedestrian countdown timer: The timers replace the flashing red signal (on the pedestrian crossing displays) with yellow countdown timers, so pedestrians know exactly how much time they have to get across the road, before traffic starts moving. So far, these have been trialled at selected locations in the Sydney CBD, Parramatta and Chatswood, but it is unclear whether this site would be eligible.

· Pedestrian fencing on the median, to discourage mid-block crossing: The could assist with controlling pedestrian movements in proximity to the signalised pedestrian crossing, but the width of existing median on Pacific Highway not wide enough to accommodate pedestrian fence (see below).

· Widen the median, to temporarily store pedestrians (and potentially accommodate a median fence): This would involve alterations to kerb and guttering on one or both sides of Pacific Highway to accommodate a wider median. However, a wider median may also encourage pedestrians to cross part of the road during the red phase, potentially encouraging the behaviour observed by PeopleTrans in the past.

· Enforcement: Police could be requested to enforce the road rules around signalised pedestrian crossings.

In considering potential improvements to pedestrian facilities and pedestrian safety at this site it is relevant to note that Pacific Highway, and traffic signals, are both managed by Transport for NSW, and Council (through the Ku-ring-gai traffic Committee) does not have delegation to approve traffic facilities related to state roads or traffic signals. If Council were to make requests to Transport for NSW and NSW Police to implement any of the above measures to improve conditions for pedestrians, the absence of an adverse crash history (particularly involving pedestrians) at this site would probably not work in Council’s favour.

The Meeting closed at 9.12pm

The Minutes of the Ordinary Meeting of Council held on 20 August 2019 (Pages 1 - 23) were confirmed as a full and accurate record of proceedings on 17 September 2019.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 17 September 2019	GB.5 / 88

Item GB.5	FY00430/10

2019 Ku-ring-gai Community Grants Program

EXECUTIVE SUMMARY

purpose of report:	To advise Council of applications received for the 2019 Ku-ring-gai Community Grants program, and to recommend funding allocations to community groups.

background:	Each year Council calls for applications from community and cultural groups for grant funding to assist in providing services to the community. Applications totalling $154,609 have been received from 51 different groups for this year’s round of funding.

comments:	A total of $97,800 is available for the 2019 Ku-ring-gai Community Grants Program. The grants assessment panel has recommended a total of $97,800 for distribution to community groups.

recommendation:	That Council approves the recommendations in this report for funding of $97,800 for community and cultural groups.

Purpose of Report

To advise Council of applications received for the 2019 Ku-ring-gai Community Grants program, and to recommend funding allocations to community groups.

Background

Each year Council calls for applications from community and cultural groups for grant funding to assist in providing services to the community. Applications totalling $154,609 have been received from 51 different groups for this year’s round of funding.

Comments

Council has $97,800 available in the 2019/20 budget for the 2019 Ku-ring-gai Community Grants Program. Applications for financial assistance (Attachments A1– A3) were assessed according to the criteria outlined in the 2019 Ku-ring-gai Community Grants Program and General Information and Guidelines (Attachment A4 – A7).

Following assessment, a sum of $93,570 for community groups, plus $4,230 for the rates and garbage rebate for Eryldene (a standing resolution of Council) was recommended, totalling $97,800.

Unfortunately not all the organisations that have applied have been recommended for financial assistance, and in some cases the full amount could not be granted.

integrated planning and reporting

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

C1.1.1 Council’s policies, programs and advocacy address the social and health needs of all age groups, reduce disadvantage and address gaps in service provision.

Resource and support local initiatives and organisations through the Ku-ring-gai Community Grants program.

Governance Matters

The 2019 Ku-ring-gai Community Grants Program is supported by adopted guidelines, funding categories, eligibility criteria and application and selection process information.

Risk Management

Priority funding areas have been identified for each category, e.g. Small Equipment, Community Development and Arts/Cultural grants, to assist all potential applicants. The program covers a range of projects and within each project there are a variety of associated risks. Council has in place a number of measures to mitigate those risks, including a formal Funding Agreement and Acquittal Process (Attachments A8, A9). Each organisation receiving funding must comply with the terms and conditions of the program.

The Director Community and Manager Community Development represent Council on the Ku-ring-gai Meals on Wheels Service Board of Directors. To avoid any perceived conflict or bias in the assessment process, any applications from community groups that have a professional or official association with the staff, are assessed by an independent expert.

Financial Considerations

Council has $97,800 available in the 2019/20 budget for the 2019 Ku-ring-gai Community Grants Program. From the total amount of $97,800, $93,570 will be distributed to community and cultural groups, and $4,230 will contribute to the rates and garbage rebate for Eryldene (a standing resolution of Council).

Social Considerations

The 2019 Ku-ring-gai Community Grants Program is supported by priority funding areas based on identified social and arts/cultural needs in the Ku-ring-gai area. A key component of this program is to provide opportunities for residents to participate and engage in their local community.

Environmental Considerations

The various projects funded under this program contribute to a sustainable community and some contain elements with environmental benefits.

Community Consultation

To assist groups in completing the applications forms, Council also conducted a Grant Submissions Workshop and Information Session to outline the funding guidelines, selection criteria and priority funding areas.

Internal Consultation

Corporate and Strategy and Environment Departments have been consulted in the writing of this report.

Summary

Projects funded under the 2019 Ku-ring-gai Community Grants Program cover a range of target groups including, children, young people, older people, people with disabilities and people from culturally and linguistically diverse backgrounds.

The grants will enhance the capacity of community groups to provide much needed support services to the community. The arts/cultural projects proposed will foster celebrations and promote the development of artistic pursuits in Ku-ring-gai.

Recommendation:

That the following community and cultural groups receive the following recommended amounts from Council in 2019:

CATEGORY 1: SMALL EQUIPMENT

	Name of Organisation	Amount Sought	Amount Recommended
1	1st Gordon Scout Troop – The Scout Association of Australia, NSW Branch	$2,000	$2,000
2	Parkinson's NSW – Hornsby Ku-ring-gai Parkinsong Group	$1,784	$1,784
3	Easy Care Gardening	$1,844	$1,844
4	1st East Lindfield Girl Guides	$2,000	$2,000
5	StreetWork Australia	$2,000	$2,000
6	1st Pymble Scout Group – The Scout Association of Australia, NSW Branch	$2,000	$2,000
7	Pymble Playgroup NSW	$1,999	$1,999
8	Lindfield Football Club	$2,500	$2,000
9	CASS Care Ltd	$1,125	$1,125
10	Fighting Chance Australia Limited	$1,877	$1,877
11	KU Fox Valley Preschool	$416	$416
12	Ku-ring-gai Community Workshop ‘The Shed’ Inc	$1,738	$1,738
13	Roseville Uniting Church	$2,000	0
14	Pymble Turramurra Preschool	$2,000	$2,000
15	1st Lindfield and 1st Cromehurst (Special Needs) Scout Groups – The Scout Association of Australia, NSW Branch	$2,000	$2,000
16	St Ives High School Parents & Citizens Association	$2,000	0
17	Ku-Ring-Gai Stealers Baseball League Inc	$1,300	0
18	Ku-Ring-Gai Meals on Wheels Service	$2,000	$2,000
19	Ku-Ring-Gai Stealers Baseball League Inc	$771	$771
20	Marian St Theatre for Young People	$950	0
21	Ku-Ring-Gai Stealers Baseball League Inc	$593	0
	Total	$34,897	$27,554

CATEGORY 2: COMMUNITY DEVELOPMENT

	Name of Organisation	Amount Sought	Amount Recommended
1	NSW SLASA INC	$5,000	0
2	NSW SLASA INC	$5,000	$3,061
3	Parkinson's NSW – Hornsby Ku-ring-gai Support Group	$1,000	$1,000
4	StreetWork Australia	$5,000	$1,850
5	2nd St Ives Scout Group	$5,000	$5,000
6	Pymble Playgroup	$4,985	0
7	M2M North Shore	$5,000	0
8	CASS Care Ltd	$4,905	$3,905
9	Fighting Chance Australia Limited	$3,820	0
10	St Ives High School Parents and Citizens Association	$3,300	0
11	KU Fox Valley Preschool	$2,400	$2,400
12	KYDS Youth Development Service Incorporated	$4,597	$2,000
13	Early Education (EarlyEd) Inc.	$4,975	$4,975
14	Gordon Baptist Church	$5,000	0
15	Lions Club Of Manly Inc	$1,200	0
16	Pymble Turramurra Preschool	$4,685	$4,685
17	Phoenix House Youth Services	$4,750	$4,750
18	Rotary Club of St Ives INC	$5,000	$5,000
19	Warrawee Public School P&C	$4,705	0
	Total	$80,322	$38,626

CATEGORY 3: ARTS & CULTURAL

	Name of Organisation	Amount Sought	Amount Recommended
1	Guringai Tribal Link Aboriginal Corporation	$5,000	0
2	Save Marian Street Theatre Limited (SMST)	$3,000	0
3	Pymble Playgroup	$4,830	$4,830
4	KU Fox Valley Preschool	$2,160	$2,160
5	Ku-ring-gai Youth Orchestra	$1,500	$1,500
6	The Cathedral Singers Incorporated	$3,000	$3,000
7	StreetWork Australia Limited	$5,000	$3,650
8	Studio ARTES	$5,000	$5,000
9	St Ives High School Parents & Citizens Association	$5,000	$5,000
10	Hornsby Ku-Ring-gai Community College	$3,500	$2,250
11	Marian St Theatre for Young People	$1,400	0
	Total	$39,390	$27,390

Danny Houseas

Manager Community

Janice Bevan

Director Community

Attachments:	A1⇩	KCG 2019 - A1 Attachment - Small Equipment - Individual Assessments	2019/241083
	A2⇩	KCG 2019 - A2 Attachment - Community Development - Individual Assessments	2019/241081
	A3 ⇩	KCG 2019 - A3 Attachment - Arts & Cultural - Individual Assessments	2019/241080
	A4 ⇩	KCG 2019 - A4 Attachment- KCGrants General Information to Applicants 2019	2019/225440
	A5 ⇩	KCG 2019 - A5 Attachment - Arts Cultural Guidelines 2019	2019/225383
	A6 ⇩	KCG 2019 - A6 Attachment - Community Grants Guidelines	2019/225365
	A7 ⇩	KCG 2019 - A7Attachment - Small Equipment Guidelines 2019	2019/225392
	A8 ⇩	KCG 2019 - A8 Attachment - Funding Agreement and Conditions of Funding	2019/225397
	A9 ⇩	KCG 2019 - A9 Attachment - Ku-ring-gai Community Grants 2019 Program Acquittal Form	2019/225411

Ordinary Meeting of Council - 17 September 2019	GB.6 / 197

Item GB.6	FY00623/2
	2 September 2019

Investment Report as at 31 August 2019

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for August 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 August 2019 was $915,000, against a budget of $850,000 giving a YTD favourable variance of $65,000.

recommendation:	That the summary of investments performance for August 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 August 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 Budget

The net return on investments for the financial year to 31 August 2019 was $457,000 against a budget of $425,000 giving a YTD favourable variance of $32,000 as shown in the table below. The investment portfolio performed strongly due to an increased investment portfolio size during the financial year and better than budgeted returns.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio at the end of August 2019 was $206,784,000 compared to $197,154,000 at the end of July 2019, a net cash inflow of $9,630,000. The inflow was mainly due to first instalment of rates income.

There were five new investments made and four investments matured in the month of August 2019.

Investment Performance against Industry Benchmark

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

Table 1 - Investments Performance against Industry Benchmarks

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

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

Table 2 - Investments Portfolio Summary during August 2019

Investment by Credit rating and Maturity Profile

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

During August 2019, AMP bank was downgraded by rating agency Standard & Poor's from A- to BBB+. With the sale of the life insurance company, AMP is no longer a diversified conglomerate. It is being rated as a regional bank. It does not have any implications for other banks, or employ any further downgrades. The bank itself has no impairments, has a very low arrears rate and a safe balance sheet. Council is still within its BBB Category capacity when taking the AMP downgrade into account.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The budget for interest on investments for the financial year 2019/2020 is $5,000,000. Of this amount approximately $3,593,600 is restricted for the benefit of future expenditure relating to development contributions, $470,400 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $936,000 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 31 August 2019:

· Council’s total cash and investment portfolio is $206,784,000.

· The net return on investments for the financial year to August 2019 was $915,000 against a budget of $850,000, giving a YTD favourable variance of $65,000.

Recommendation:

A. That the summary of investments and performance for August 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:

A1⇩

Investments definitions specific to Council’s investment portfolio

2016/124274

Ordinary Meeting of Council - 17 September 2019	GB.7 / 206

Item GB.7	FY00259/12
	14 August 2019

Draft General and Special Purpose Financial Statements for the year ended 30 June 2019

EXECUTIVE SUMMARY

Purpose of report:	To present to Council the draft Financial Statements for the year ended 30 June 2019 for certification and referral to Council’s external auditor, the Audit Office of NSW and report on the budgetary position at as 30 June 2019.

background:	In accordance with Section 413(2)(C) of the Local Government Act 1993, Council must prepare a statement on the General and Special Purpose Financial Reports as to its opinion on the reports prior to formally referring them to the auditor. Analyses of the financial performance of the Council for the year ended 30 June 2019 are also provided in this report.

comments:	The Draft Financial Statements show an operating surplus of $29.4m including capital grants and contributions. If capital grants and contributions are excluded, the operating surplus is $15.5m and when considered with other financial indicators it demonstrates that Council is in a sound financial position.

recommendation:	That Council receive, certify and refer the draft Financial Statements for the year ended 30 June 2019 to Council’s external auditor, the Audit Office of NSW.

Purpose of Report

Background

The Draft General and Special Purpose Financial Statements for the year ended 30 June 2019 have been completed, audited and due to be finalised by Council’s external auditor, the Audit Office of NSW. These financial reports are also presented to Council’s Audit, Risk and Improvement Committee on 12 September 2019 for endorsement.

Comments

The endorsement of these statements is required before referral to audit to formalise the external audit of the Financial Statements. The Draft Financial Statements for the year ended 30 June 2019 are attached to this report (Attachment A1).

Annual Financial Statements Process

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

Timeframe

Deliverable

17 September 2019

Ordinary Meeting of Council – 2018/19 Draft Financial Statements presented to Council seeking Council to resolve to certify the draft statements and formally refer them to the auditor (Section 413 - LG Act 1993).

19 September 2019

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

19-27 September 2019

Draft Financial Statements placed on public exhibition. Public advertising notifies that the Financial Statements are available for inspection at the Council Chambers, libraries and Council’s website. The advertisement also advises that the Financial Statements will be formally presented to Council on 22 October 2019 and submissions will be received until 31 October 2019. (Section 418, 420 – LG Act 1993)

22 October 2019

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

31 October 2019

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

The Draft Financial Statements for the year ended 30 June 2019 have been prepared in accordance with the Local Government Act 1993 (as amended) and Regulations made thereunder, the Australian Accounting Standards and professional pronouncements and the current Local Government Code of Accounting Practice and Financial Reporting. The Draft Financial Statements comprise the following reports:

· General Purpose Financial Statements (independently audited)

· Special Purpose Financial Statements (independently audited)

· Special Schedules

Financial Performance and Position of Council as at 30 June 2019

The comments below provide highlights of Council’s financial performance during 2018/19 and position as at 30 June 2019. It must be noted that, even though external auditors have audited the reports, the financial results for 2018/19 are still draft and are subject to final audit opinion. Attachment A1 to this report includes the Draft Financial Statements for the year ended 30 June 2019.

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

RESULTS FOR THE YEAR

Operating Result

Council’s net operating result for the 2018/19 financial year is disclosed in the Income Statement. Council’s operating result is strong. For the financial year ended 30 June 2019 Council had an operating surplus excluding revenue from capital grants and contributions of $15.5m compared to $5.6m in the previous year (2017/18).This variance is mainly due to reduced depreciation expense from review of useful lives of infrastructure assets, fair value increment from the investment property valuation and increased income in “Other Revenue”. The operating result after capital grants and contributions was $29.3m, a decrease of $3.2m in comparison to the previous financial year ($32.5m), mainly due to reduced income from development contributions.

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

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

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

REVENUE ITEMS

During the 2018/19 financial year Council received $149m in income from Continuing Operations from the following sources:

Rates & Annual Charges

Rates and annual charges contributed $85.4m (58%) compared to $82.9m in 2017/18. Rates income, including special levies, increased by a total of 3% from the last financial which is in line with the increase in the rate peg and changes in supplementary valuations.

User Charges & Fees

User Charges and Fees totalled $21m compared to $20m in 2017/18, an increase of 4.6%. This category of income mainly includes regulatory/statutory fees and community facilities hire. The increase from 2017/18 financial year was mainly due to compliance levy of $1m received during the financial year.

Interest and Investment Revenue

A total of $5.8m compared to $5m in 2017/18 was received from interest revenue. Council's investment portfolio performed strongly during the financial year due to an increased investment portfolio size and better than expected returns. Total Cash and Investments at the end of the financial year totalled $192m. Council’s total return of 2.98% p.a. for the financial year is considered strong given current conservative interest rates. Compared to original budget, the net return on investments at the end of June 2019 was favourable.

Other Revenue

Income from “Other Revenue “totalled $13m compared to $11m in the previous year. Other revenue includes rental income, parking and other statutory fines and other type of income not included in fees and charges. The main increase from last financial year is due to settlement of legal proceedings of $1.1m and recovered cost from doubtful debts of $740k.

Fair Value on Investment Property

Council obtained an independent valuation of its investment property (828 Pacific Highway, Gordon) at the end of the reporting period. This has resulted in an increase in the fair value of $1.99m compared to last year’s valuation.

Operating Grants and Contributions

During 2018/19 a total of $8m compared to $8.4m in 2017/18 was received in operating grants & contributions. This is a decrease of 4% on the previous financial year largely due to reduced Roads to Recovery grants received in 2018/19 compared to 2017/18. Two instalments of the financial assistance grant (FAG) for 2019/20 was received in advance during the year.

Capital Grants and Contributions

Grants and Contributions provided for capital purposes decreased by 48% on the previous financial year with $13.8m received in 2018/19 compared to $26.9m received in 2017/18. This was largely due to decreased development contributions.

EXPENDITURE ITEMS

Total Operating Expenses for the financial year ended 30 June 2019 were $120m, compared to $123m in 2017/18, this is a decrease of 2.13% on the previous financial year.

Employee Benefits and On-costs

Employee Costs were $39.6m compared to $39.8m in 2017/18, which is a decrease of 0.6% on the previous financial year. No major variations noted.

Borrowing Costs

Borrowing Costs totalled $700k compared to $676k in 2017/18. No major variation noted.

Materials & Contracts

Materials & Contracts is the largest category of expenditure representing 38% of the total expenditure. A total of $45.7m compared to $44m in 2017/18 was spent on Materials and Contracts, an increase of 3.6% on the previous financial year. The principal component of this increase is within contractors and consultancy costs.

Depreciation and Amortisation

In 2018/19 Council undertook an annual review of fair value including assessment of Infrastructure assets useful lives. The review highlighted that infrastructure assets’ useful lives applied by Council on average were shorter than other NSW Group 3 Councils and the Metropolitan Councils. A decision was made to align the useful lives for various asset classes. As a result the total Depreciation expense decreased by $3m or 16% on previous year from $20m in 2017/18 to $16.8m in 2018/19.

Other Expenses

Material expenditure items in this category include fire levies, electricity costs, insurance, street lighting, rental rebates and other expenses. Other Expenses decreased by $945k or 5% compared to previous financial year, mainly due to significantly lower doubtful debts than the year before.

Net losses from the Disposal of Assets

Council recorded a net loss from disposal of assets of $156k, mainly due to write off of a number of assets in the fleet and recreational facilities asset class. These assets were disposed from Council’s assets register during the financial year.

Working capital

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

The available working capital at the end of the financial year stood at $6.7m. However this amount includes an early payment by the government of the two instalments of the 2019/20 Financial Assistance Grant (FAG). When FAG is excluded the working capital is reduced to $4.87m, which is in line with the target identified in Council’s Annual Budget. This level of working capital highlights an adequate liquidity position with Council being able to meet its short term liabilities when they fall due.

Chart below provides a comparison of Council’s working capital for the last 3 financial years. The main increase from the previous financial year is attributable to FAG instalment of $1.9m received in advance in 2018/19.

Cash Flow

Cash and investments amounted to $192m at the end of the financial year as compared with $177m in 2017/18. Cash inflows from operating activities decreased from 2017/18 as a result of reduced S7.11 contributions by $11m; however this was offset by a decrease in net cash outflow from investing activities (transfer of funds from cash to investments with other financial institutions) from previous year by approximately $30m which contributed to an improvement in the net cash flow for the year.

Externally restricted Cash

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

requirements and consisted of unexpended development contributions (Section 7.11), domestic waste management charges, unexpended grants and other special levies. At the end of the year the total amount of restricted funds was $152.7m.

Internally Restricted Cash

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

restricted by resolution of Council to reflect future plans and identified program of works and are Council’s reserves. These reserves totalled $36.1m.

Unrestricted Cash and Investments are funds available for day to day operations of Council and amounted to $3.7m.

PERFORMANCE MEASUREMENT INDICATORS

The Statement of Performance Measurement (Note 24 of the Draft Financial Statements and Special Schedule 7) provide ratios used to assess various aspects of Council’s financial performance. These ratios have been prescribed by the Code of Accounting Practice for 2018/19. The Infrastructure assets ratios listed in “Special Schedule 7 - Report on Infrastructure Assets” are Building & Infrastructure Renewal Ratio, Infrastructure Backlog Ratio, Asset Maintenance Ratio and Cost to bring assets to agreed service level. All financial ratios with the exception of two Infrastructure assets ratios (backlog ratio and infrastructure renewals ratio) have achieved or outperformed identified benchmarks.

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

Operating Performance Ratio

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

Council’s performance ratio of 10.22% is above the benchmark which means that Council can easily contain operating expenditure (excluding capital grants and contributions) within its operating revenue. The ratio has been above benchmark for the last three years. The increase is mainly due to additional revenue from operating activities offset by lower operational expenditure.

Own Source Operating Revenue

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

Council’s Own Source Operating Revenue Ratio (84.91%) has remained above the benchmark of (>60%) in the last three years. Council has sufficient level of fiscal flexibility, in the event of being faced with unforeseen events.

Unrestricted Current Ratio

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

Council’s Unrestricted Current Ratio at 3.65x is above benchmark of >1.5x and has been outperforming benchmark for the last three years. Council’s liquidity is good and it can readily pay its debts as they fall due.

Debt Service Cover Ratio

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

The Debt Service Cover Ratio of 17.72x has slightly increased from previous years and is above the benchmark of 2x, mainly due to decreased principal and interest repayments and increased revenue during the financial year.

Rates, Annual Charges, Interest & Extra Outstanding Percentage

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

The percentage of rates and annual charges that are unpaid at the end of the financial year is a measure of how well Council is managing debt recovery. Council’s ratio of 3.75% is satisfactory and is better than benchmark of less than 5%.

Cash Expense Cover Ratio

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

Council’s Cash Expense Cover Ratio (16.3 months) is satisfactory and above benchmark of greater than 3 months.

INFRASTRUCTURE ASSETS RATIOS

Building and Infrastructure Renewal Expenditure

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

A ratio of 66% indicates that the amount spent on asset renewals is lower than the amount of depreciation on Infrastructure Assets. The renewal ratio did not achieve benchmark mainly due to exclusion of expenditure associated with incomplete projects (work in progress) from the ratio calculation. If work in progress of $3.7m was included, the Renewal ratio increases to 92%. This is still below the benchmark of 100%, however is an improvement on last year’s performance. Council continues to prioritise renewal capital works programs to achieve adequate renewal standards for its assets.

Infrastructure Backlog Ratio

This ratio shows what proportion of the backlog is against the total value of Council’s infrastructure. Council achieved a backlog ratio of 2.51% at the end of 2018/19, which is an improvement from the previous year. The ratio indicates that Council still has an infrastructure backlog. Council is continuing to focus on appropriate asset standards for renewal and decreasing the infrastructure backlog in future.

Asset Maintenance Ratio

This ratio compares actual versus required annual asset maintenance. A ratio of 113%

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

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

Cost to agreed level of service

The cost to bring to level of service is an estimate of the cost to renew existing assets that have reached the condition based intervention level. The proportion of outstanding renewal works compared to the total value of Council’s infrastructure assets was 6% as at end of 2018/19.

OTHER SIGNIFICANT accounting TREATMENTS, Adjustments and judgements

Crown Land

With the implementation of the Crown Land Amendment Act 2016, which came into effect on 1 July 2018, Council undertook a process of reviewing and reconciling the Schedule of Crown Reserves provided by the Department of Industry.

Council identified a number of Crown land reserves which are under Council’s care, control and management. While ownership of these reserves remains with the Crown, Council retains operational control of the reserves and is responsible for their maintenance and use in accordance with the specific purposes to which the reserves are dedicated. As a result, Council recognised these assets in the Community Land assets register during 2017/18 and 2018/19. The value of new assets recognised in Council’s assets register during the reporting period is $54m. The total value of Crown Land is recorded in Note 10 Infrastructure, Property, Plant & Equipment.

Once the review process is completed, further adjustments may be required to bring other Crown land assets into Council’s Community Land asset register.

Land under Roads

Council revalued Land under Roads during 2018/19. As part of the revaluation a number on new assets were identified and brought to Council’s assets register. The value of the new assets is $723k. The total value of Land under Roads is reported in Note 10 Infrastructure, Property, and Plant & Equipment.

Fair Value assessment of Infrastructure Assets

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

In 2018/19 Council undertook an annual review of fair value including assessment of Infrastructure assets useful lives, including roads, stormwater, footpath, buildings, recreational assets etc. As part of this review Council engaged an independent consultant to analyse and assess useful lives of assets and perform a desktop review of fair value. The recommendation from this report highlighted that Council's useful lives on average were shorter than that of NSW Group 3 Councils and of the Metropolitan Councils. Therefore a decision was made to align the useful lives for relevant assets. This resulted in a reduction in Council's depreciation expense.

As part of this review an assessment of fair value was also undertaken. Various assumptions and inputs were analysed and it was concluded that there was no major variance in inputs, however, due to price indexation changes in unit rates, an increase of some $23m was suggested for changes in fair value. The price indexation was assessed between 1.4% to 2.7%. Management assessed the impact and made a decision to defer the major revaluation to 2019/20 as per Council’s existing revaluation cycle and timetable due to a combination of reasons as listed below:

· Materiality - Management assessed the size and impact of the variation of fair value and impact on depreciation expense (1.3% of the total asset base or 2% of depreciation expense) and its relevance to the financial report users and considered that deferring the revaluation of infrastructure from 2018/19 to 2019/20 to align with Councils’ current valuation cycle is a short timing difference and will not influence decisions that those users will make.

· Assets Revaluation Cycle - Council follows an asset revaluation cycle, which is a 5 year cycle originally recommended by the Office of Local Government. This cycle allows Council to plan ahead the revaluation asset classes, workload and costs associated with a revaluation process. The Infrastructure assets revaluation cycle is planned for 2019/20, including roads, footpath, drainage, kerb & gutter and bridges. With the annual revaluation cycle planned for the current year (2019/20) it was considered reasonable, taking into account the extensive process involved, that Council performs a full revaluation of its infrastructure assets as originally planned.

BUDGETARY POSITION AS AT 30 JUNE 2019

The section below analyses Council’s overall financial performance against revised budget for the year ended 30 June 2019.

The operating result including capital items for the 2018/19 financial year was a surplus of $29.3m compared to a revised budgeted surplus of $24.9m resulting in a positive variance of $4.4m. The main favourable variations to the operating result were attributable to additional grants received during the year and other revenue not budgeted for offset by savings in employee. More details are listed in the tables provided below.

Capital & Operational Projects

Actual expenditure for capital and operational projects for the period ending 30 June 2019 is $34.8m against the annual revised budget of $60.4m, resulting in a variance of $25.6m. The variance is largely due to additional grants received and incomplete projects which are carried forward.

Major Budget Variations

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

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as at end of June 2019 was $192.9m. Closing balances of Council’s reserves as at end of June are provided below.

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 30 June 2019 is $34.8m against the annual revised budget of $60.4m, resulting in a variance of $25.6m. The variance is largely due to incomplete projects which have been adopted to be carried forward by Council at the Ordinary Meeting of Council on 20 August 2019.

The table and chart below show the annual actual projects expenditure against annual revised budget for the year ended 30 June 2019.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

The draft Financial Statements for the year ended 30 June 2019 have been prepared in accordance with the Local Government Act 1993 (as amended) and Regulations made thereunder, the Australian Accounting Standards and professional pronouncements and the Local Government Code of Accounting Practice and Financial Reporting.

It should be noted that the Financial Statements are presented to Council in draft form at this stage. These draft Financial Statements are required to be audited in accordance with Sections 415, 416 and 417 of the Local Government Act 1993. Upon finalisation of the audit, the Financial Statements and the audit report will be presented to Council in accordance with Sections 418 and 419 of the Local Government Act 1993. It is intended that the public meeting will be conducted at the Ordinary Meeting of Council on 22 October 2019. A representative from Council’s external auditor will be present at the public meeting.

Risk Management

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

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

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

· the Financial Statements:

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

o are consistent with the Council’s accounting records;

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

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

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

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

Financial Considerations

Council achieved a sound financial result for 2018/19. Council’s net operating result for the financial year ended 30 June 2019 is a surplus of $29.3m including Grants and Contributions for capital purposes. After adjusting for Capital Grants and Contributions, the net operating result was $15.5m.

The available working capital at the end of the financial year was $4.87m, which is in line with the target identified in Council’s annual budget.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

The draft Financial Statements for the year ended 30 June 2019 are referred to the Audit, Risk & Improvement Committee on 12 September 2019 for review and endorsement.

The draft Financial Statements will be on public exhibition from 19 September 2019. The Financial Statements will be formally presented to Council on 22 October 2019. Submissions from the public will be received until 31 October 2019 and any comments received will be referred to the external auditor.

Internal Consultation

All departments have been consulted on the end of year financial results for 2018/19.

Summary

The purpose of this report is to present to Council the draft Financial Statements for the year ended 30 June 2019 for certification and referral to Council’s external auditor, the Audit Office of NSW.

The draft Financial Statements have been prepared in accordance with:

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

· The Australian Accounting Standards and professional pronouncements

· Local Government Code of Accounting Practice and Financial Reporting

On 22 October 2019 the audited financial reports, together with the auditor’s reports, will be formally presented to Council at which time Council’s auditor will be present to answer questions in relation to their audit report.

Recommendation:

A. That Council receive and certify the Draft Financial Statements for the year ended 30 June 2019.

B. That the Draft Financial Statements be referred to Council’s external auditor, the Audit Office of NSW to provide an opinion on the Financial Statements ended 30 June 2019 and to report to Council.

C. That the Draft Financial Statements ended 30 June 2019 be certified by the Mayor, Deputy Mayor or one other Councillor, the General Manager and the Responsible Accounting Officer in accordance with Section 413(2)(C) of the Local Government Act 1993 and the Local Government Code of Accounting Practice and Financial Reporting.

D. That 22 October 2019 be fixed as the date for the public meeting to present the audited Financial Statements and the audit reports for the year ended 30 June 2019 as required by Section 419 of the Local Government Act 1993, and that Council’s external auditor be present to answer questions.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

A1⇩

Draft Financial Statements for the year ended 30 June 2019

2019/261765

Ordinary Meeting of Council - 17 September 2019	GB.8 / 325

Item GB.8	S11015
	22 August 2019

Review of Reporting and Compliance Burdens on Local Government (IPART) - Feedback on the Recommendations of the Final Report

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the final report on IPART’s review of reporting and compliance burdens on Local Government in NSW and to seek Council’s endorsement of the draft submission on the recommendations.

background:	The review of reporting and compliance burdens follows the Independent Local Government Review Panel’s report (Revitalising Local Government, October 2013) which made a number of recommendations to reform the local government sector, including a recommendation that IPART undertake a review of reporting and compliance burdens on Local Government. IPART released an Issues Paper for its “Review of reporting and compliance burdens on Local Government” on 13 July 2015. The NSW Government released the IPART report “Review of reporting and compliance burdens on Local Government – Final Report April 2016” in June 2019. The NSW Government is now seeking feedback from councils on recommendations in the final report.

comments:	There are a number reporting and compliance burdens placed on councils that are inefficient, unnecessary or excessive. There are 51 recommendations contained in IPART’s review report designed to improve efficiency and enhance service delivery of councils, however only 21 recommendations are open for comment.

recommendation:	That Council delegate to the General Manager the authority to finalise and lodge its submission on the “Review of reporting and compliance burdens on Local Government – Final Report April 2016”.

Purpose of Report

Background

The reporting and compliance review follows the Independent Local Government Review Panel’s report - Revitalising Local Government, October 2013 which made a number of recommendations to reform the local government sector, including a recommendation that IPART undertake a review of reporting and compliance burdens.

In July 2015 the NSW Premier engaged IPART to conduct a review of reporting and compliance burdens on Local Government in NSW pursuant to section 9 of the Independent Pricing and Regulatory Tribunal Act 1992 and in accordance with the terms of reference provided by the NSW Premier.

The terms of reference asked IPART to:

· identify inefficient or unnecessary planning, reporting and compliance obligations imposed on councils by the NSW Government through legislation, policies or other means

· develop options to improve the efficiency of local government by reducing, removing or streamlining the planning, reporting and compliance obligations on councils, and

· collect evidence to establish the impacts on councils of reporting and compliance burdens, and to substantiate recommendations for reform.

In July 2015 IPART released an Issues Paper as part of the review process. Council lodged a submission in August 2015 in response to the Issues Paper.

Comments

The NSW Government released IPART’s final report “Review of reporting and compliance burdens on Local Government – Final Report April 2016” on 21 June 2019. Councils are encouraged to provide feedback on the recommendations in the final report by 25 October 2019.

The purpose of the IPART rating review was to “…identify inefficient, unnecessary or excessive burdens placed on local government by the NSW Government in the form of planning, reporting and compliance obligations, and to make recommendations for how these burdens can be reduced”.

The final IPART report identifies improvements across a range of obligations, and the recommendations address issues in the areas of planning, administration and governance, as well as some systemic issues, that are designed to bring improvements in the efficiency of councils.

IPART has listed its recommendations and findings in the following eight council functions areas:

· Systemic issues

· Water and sewerage

· Planning

· Administration and governance

· Building and construction

· Public land and infrastructure

· Animal control

· Community order

The NSW government is not seeking feedback on all of the IPART recommendations as explained below:

“A number of recommendations in the IPART report have already been implemented through other reform programs, or are currently the subject of separate consultation. There are also a number of recommendations that the government has ruled out, because they may have adverse impacts on vulnerable members of the community, affect regional jobs or economies, or substantially increase costs for taxpayers and the broader community. These matters are marked “Not for Consultation” on the feedback form.”

Therefore, only 21 of the 51 recommendations contained in IPART’s Final Report on the reporting and compliance burdens on Local Government are open for comment.

The IPART recommendations are listed in Attachment A, along with the proposed Council submission showing comments in support or otherwise. The full IPART report is provided in Attachment 2 under separate cover.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

Analyse and provide appropriate submissions to government proposals affecting the local government industry.

Governance Matters

Submissions are required to be lodged by 25 October 2019.

Risk Management

Not applicable

Financial Considerations

Financial sustainability may be enhanced by the introduction of some of the recommendations.

The Centre for International Economics (the CIE) did undertake a cost-benefit analysis of IPART’s recommendations. Eight of the recommendations specifically address duplicative reporting. Of these, only five could be costed. These recommendations are estimated to have net benefits of $93 million to local government in NSW over a 10-year period following implementation.

In total, the CIE costed 29 of IPART’s recommendations. However, they were unable to cost the remaining 22 recommendations for reasons including insufficient information on the proposed changes, and the outcome of IPART’s recommendation being dependent on a further review.

CIE estimated IPART recommendations to have net benefits of around $313 million over 10 years following implementation. This is a conservative estimate as it does not include all the recommendations. These estimates are indicative of potential order of magnitude only as they are made using data of varying quality, a high degree of extrapolation of available data, and many assumptions.

Accordingly, IPART has advised that the cost-benefit analysis demonstrates that, overall, their recommendations would be likely to result in significant net benefits over a 10-year period. However, not all recommendations would result in net benefits for all stakeholders.

Social Considerations

Not applicable

Environmental Considerations

Not applicable

Community Consultation

Not applicable

Internal Consultation

The draft submission was provided for internal comment.

Summary

The NSW Government released the final report on IPART’s review of reporting and compliance burdens on Local Government in June 2019. The NSW Government is now seeking feedback from councils on recommendations in the final report.

The final IPART report identifies improvements across a range of obligations, and the recommendations address issues in the areas of planning, administration and governance, as well as some systemic issues. These recommendations would in most circumstances improved the efficiency of councils, if implemented.

Recommendation:

Michael Wearne

Manager Governance and Corporate Strategy

Attachments:	A1⇩	Ku-ring-gai Council Submission on IPART Final Report - Review of Reporting and Compliance Burdens on Local Government		2019/261052
	A2	IPART - Final Report – Review of Reporting and Compliance Burdens on Local Government – April 2016	Excluded	2019/252031

Ordinary Meeting of Council - 17 September 2019	GB.11 / 355

Item GB.11	FY00382/11
	30 July 2019

Delivery Program 2018-2021 and Operational Plan 2018-2019: June 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 period January to June 2019.

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 summary of progress and performance for the Delivery Program 2018-2021 and Operational Plan 2018-2019 for the period January to June 2019. This report marks the end of the first year of Council’s three year Delivery Program.

recommendation:	That the six (6) month progress review of the Delivery Program 2018-2021 and Operational Plan 2018-2019 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 period January to June 2019.

Background

The Delivery Program 2018-2021 and Operational Plan 2018-2019 were adopted by Council on 26 June 2018. To assist the community in understanding Council’s programs, both the Delivery Program and Operational Plan are presented in the same document.

A progress report is required to be presented to Council on the principal activities in the Delivery Program every 6 (six) months. This is the second bi-annual progress review of Council’s adopted three year Delivery Program and marks the end of year one. Progress on the Operational Plan is also included in the review due to the plan’s important contribution to the Delivery Program and to provide Council with a comprehensive view of progress for the period.

The Delivery Program contains term achievements and performance indicators 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, programs and actions to be undertaken in 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. Local Economy and Employment

5. Access, Traffic and Transport

6. Leadership and Governance.

Tied to this reporting, Council has received quarterly budget reports during 2018-2019 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. The March quarter budget review for 2018-2019 was reported to Council’s Ordinary Meeting of 28 May 2019. The end of year financial results are reported separately to Council as part of the draft Financial Statements for the year ended 30 June 2019.

Comments

The June bi-annual report (Attachment A1) presents the organisation’s progress against term achievements, tasks and performance indicators in the Delivery Program and Operational Plan.

Reasons for delays and remedial actions are provided for term achievements and tasks behind schedule. Explanatory comments are provided for performance indicators not achieved. All Departments have provided progress comments and status updates for the attached report.

Financial information presented in the attached report is subject to completion of the end of year financial review and external audit review, which will be reported to Council later this year as part of the audited Financial Statements for 2018-2019.

Key Achievements

· Council adopted a draft Local Strategic Planning Statement to guide our economic, social and environmental land use needs for the next 20 years.

· Council’s application to permanently continue the 5% Ku-ring-gai Environmental Levy, to fund environmental sustainability initiatives, was approved by the Independent Pricing and Regulatory Tribunal (IPART).

· Customer service was enhanced with all development applications now able to be lodged electronically (paper-free).

· Council received a Gold Award for overall excellence in annual reporting for its 2017-2018 Annual Report from the Australasian Reporting Awards (ARA) 2019 in the category of Public Administration – Local Government.

· Council successfully applied to the NSW Increasing Resilience to Climate Change grants program for $45,000 towards purchase of a simulated 3D bushfire disaster model for community education and engagement.

Other achievements across services, programs and activities

· Design documentation was completed for Lindfield Village Green.

· A shortlist of preferred tenderers was selected by Council for the Lindfield Village Hub project.

· A tender and award of design service consultancy was completed for preparation of a development application for Marian Street Theatre.

· Koola Park Stage 4 car-parking area was completed.

· A playground upgrade at Morona Avenue Reserve, Wahroonga was completed.

· Dual courts (basketball/netball) and lighting at The Glade Reserve tennis courts were completed.

· Dual netball courts in the North Turramurra Recreation area carpark were completed for training on weekdays.

· Official opening of the new Blair Wark Community Centre, off Eton Road at Lindfield.

· Adoption of Lovers Jump Creek Floodplain Risk Management Study and Plan.

· Celebration of 30 years operation of Council’s Libraribus service.

· Inaugural art exhibition for artists with a disability hosted at Ku-ring-gai Arts Centre.

· Changes were implemented to Council meetings to increase transparency and accessibility.

· Customer research results showed 90% of residents surveyed were satisfied with the overall performance of Council.

Challenges

There were also a number of challenges to the delivery of Council’s program for 2018-2019 including the following:

· Insufficient staff resources in some departments, due to vacant positions not being filled, to undertake tasks in the required timeframes.

· Softening market conditions potentially impacting on the draft business plan under preparation for the Turramurra Community Hub.

Monitoring Performance

Performance for the June bi-annual review is monitored through the progress of:

· Three year term achievements - The Delivery Program 2018-2021 contains 56 three year term achievements which work toward achieving the long term objectives outlined in the adopted Community Strategic Plan.

· One year tasks -The adopted Operational Plan 2018-2019 contains 194 one year tasks. 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 during the year. The tasks contribute to the achievement of Council’s three year term achievements.

· Performance indicators - The Delivery Program and Operational Plan contains 71 performance indicators listed under themes/principal activity areas. Performance indicators represent another measure of the standard or outcome required for particular services, programs, projects and activities. They provide a further means of assessing progress across each theme.

Summary of Performance

The following pie charts provide a summary of performance at the end of the June 2019 reporting period. Details of performance with commentary can be found in the June Bi-annual Report. (Attachment 1)

Term Achievements

93% of the 56 term achievements (three year) were progressing to schedule at the end of June 2019. Commentary on progress or delays is included in the June bi-annual report (Attachment A1).

Tasks

At its Ordinary Meeting of 9 April 2019 Council resolved to not proceed with Operational Plan Task P7.1.1.3 for a major upgrade or renewal of the Lindfield East Community Centre.

Of the remaining 193 tasks, 89% were satisfactorily completed (indicated with a tick or green traffic light), 8% were delayed (indicated with an amber traffic light) and 3% had more significant delays (indicated with a red traffic light). Commentary on progress or delays is included in the June bi-annual report (Attachment A1).

Delayed tasks were reviewed and incorporated for completion into Council’s adopted Operational Plan 2019-2020.

Performance Indicators

76% of the 71 performance indicators achieved their yearly targets in this period. Commentary to explain any variations to targets is included in Attachment A1.

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.

Risk Management

The preparation, reporting and consideration by Council on the progress of the Delivery Plan is undertaken every six (6) months.

Financial Considerations

There are no direct financial considerations associated with the adoption of the recommendations contained within this report. Final Audited Financial Statements for 2018-2019 will be included in Council’s Annual Report 2018-2019, to be published in November 2019.

Social Considerations

On 26 June 2018, Council adopted a Community Strategic Plan (CSP) - Our Ku-ring-gai 2038, to address the long term needs and expectations of the community. The CSP also provided Council with the strategic direction to align its policies, programs and services and acted as a guide for other organisations and individuals in planning and delivering services for the area.

Environmental Considerations

There are no specific environmental impacts associated with the preparation of this report. A range of environmental initiatives were progressed or achieved successful outcomes through the term achievements and tasks included in Council’s Delivery Program 2018-2021 and Operational Plan 2018-2019.

Community Consultation

Although no specific community consultation was undertaken for the preparation of this report, community engagement and consultation played a significant role in the delivery of services, programs, projects and actions as detailed in the bi-annual progress report.

Internal Consultation

All Departments have provided status updates and comments on the progress of term achievements, performance indicators and tasks as provided at Attachment A1.

Summary

The progress of the Delivery Program 2018-2021 and Operational Plan 2018-2019 are reported bi-annually to Council. This report includes progress comments for term achievements, tasks and performance indicators under each theme or principal activity area. Reasons for delays and proposed remedial actions are also provided.

Recommendation:

That the report on the six (6) monthly progress review of the Delivery Program, 2018-2021 and Operational Plan 2018-2019 for the period of January 2019 to June 2019 be received and noted.

Helen Lowndes

Integrated Planning Coordinator

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

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

2019/257631

Ordinary Meeting of Council - 17 September 2019	GB.12 / 459

Item GB.12	S09069/9

Single-Use Plastic and Sustainable Event Management Policies

EXECUTIVE SUMMARY

purpose of report:	For Council to endorse the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

background:	To ensure that any potential negative impacts of events in Ku-ring-gai are eliminated or minimised and that the desired positive impacts arising from events are realised, a review has been undertaken of Council’s Sustainable Event Management Policy, which provides a framework for the integration of sustainability principles and practices into the planning, management, delivery and evaluation of events held in the Ku-ring-gai Local Government Area (LGA). In response to strong community concern and due to the significant evidence that: (i) plastic pollution is a major cause of global environmental degradation and species decline; (ii) that the pollution and greenhouse gas emissions from plastics place an inequitable burden on future generations; (iii) that the production of plastics relies on non-renewable resources; and (iv) that plastic pollution persists in the environment and has detrimental effects on human health, a Single-Use Plastic Policy has also been developed.

comments:	These policies contain a number of mandatory requirements, as outlined in this report. A transition period of 2 years will apply to these policies to enable affected stakeholders to implement the requirements of these policies in full. During this transition period, Council staff will work closely with affected stakeholders to support a swift as possible transition to the requirements of these policies. Staff and financial resources will be dedicated to the implementation of these policies by the Environment and Sustainability section.

recommendation:	A. That Council endorses the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition. B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received for these policies.

Purpose of Report

For Council to endorse the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

Background

Ku-ring-gai Council and external event organisers deliver a range of large and smaller scale events in the Ku-ring-gai Local Government Area (LGA), including festivals, concerts, fetes and fairs, sporting gala days, citizenship ceremonies and public seminars and workshops, which may include the provision of goods and services, food and beverages, presentations and/or demonstrations, entertainment and stalls.

To ensure that any potential negative impacts of events are eliminated or minimised and that the desired positive impacts arising from events are realised, at its Ordinary Meeting of Council on 29 April 2014 Council endorsed a Sustainable Event Management Policy, which provides a framework for the integration of sustainability principles and practices into the planning, management, delivery and evaluation of events held in the Ku-ring-gai Local Government Area (LGA). This Policy is due for review and has been updated accordingly.

In response to strong community concern and due to the significant evidence that: (i) plastic pollution is a major cause of global environmental degradation and species decline; (ii) that the pollution and greenhouse gas emissions from plastics place an inequitable burden on future generations; (iii) that the production of plastics relies on non-renewable resources; and (iv) that plastic pollution persists in the environment and has detrimental effects on human health, a Single-use Plastic Policy has also been developed.

Endorsement of the draft Sustainability Event Management Policy (Attachment A1) and draft Single-Use Plastic Policy (Attachment A2) is sought for public exhibition.

Comments

Mandatory requirements

The following mandatory requirements form the basis of the Single-use Plastic Policy:

· No single-use plastic cups, glasses, bottles, bags, plates, bowls, cutlery, straws, balloons, stirrers, disposable coffee cups (with plastic lining), coffee cup lids, single use sachets, polystyrene and take away food containers are to be purchased and / or used in Council operations and internal Council events, including but not limited to official functions, community forums and consultations, workshops, meetings, briefings, celebrations and training events.

· No single-use plastic cups, glasses, bottles, bags, plates, bowls, cutlery, straws, balloons, stirrers, disposable coffee cups (with plastic lining), coffee cup lids, single use sachets, polystyrene and take away food containers are to be used, sold or distributed at (i) major events delivered by Council and external organisers held on Council land / in Council facilities and venues; and (ii) minor Council events; including for promotional purposes.

· Free access to alternative water sources at major events, such as water fountains or water refill stations, must be provided.

· Plastic packaging should be avoided or minimised in Council operations and at internal and external events and alternative recyclable or reusable packaging materials used, where appropriate.

· Responsible disposal and/or recycling practices for single us /soft plastics, when single-use / soft plastic items are necessary to meet health and safety requirements or where there are no other practical alternative products or distribution methods available, must be practiced.

· Event organisers must play a key role in educating and guiding their event staff and audience on single-use plastic free practices. This includes considering whether single-use plastic items are required in the first instance, providing useful information and promoting reusable alternatives.

The mandatory requirements for Council and external event organisers delivering major events are contained in an excerpt from Council’s Environment and Sustainability Risk Management Plan (Attachment A3). These mandatory requirements will also be contained, as relevant, in the Sustainable Event Management Plan and Sustainability Event Checklist (see the governance section below).

Transition period

This transition period condition will be monitored and reviewed after the two-year period, to ensure that product alternatives are available for those items that Council intends to fully ban at this time and will adjust the transition period for some items, if necessary.

Enforcement

Failure to comply with these policies may result in exclusion of the organisation or business responsible for the non-compliance in any future events held by Council, or inform Council’s decision to reject a booking on land / facilities managed by Council for any future events hosted by the non-complying event organiser/s. Events on Council managed land will need to commit to comply with this Policy before any Council sponsorship for that event is approved.

integrated planning and reporting

Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Sustainability is integrated into Council’s business framework.

Review and implement policies, strategies and plans to advance sustainability and environmental management.

Governance Matters

These policies will be delivered through the Environment and Sustainability section of Council, in collaboration with a number of sections across Council.

In relation to the Sustainable Event Management Policy:

For major events run by Council, an Event and Sustainability Risk Management Plan (ESRMP) must be submitted and approved, through the event booking process. The ESRMP must demonstrate that any mandatory requirements will be implemented and that other sustainability aspects have been considered and incorporated, where possible. The following supporting resources will be provided to ensure that the requirements of the ESRMP are met:

· Sustainable Event Stallholder Guidelines

· Sustainable Catering Products for Council Events

· Sustainable Caterers Guide

For major events run by external organisers, a Sustainable Events Management Plan (SEMP) must be submitted and approved, through Council’s event booking or seasonal booking process. The SEMP must demonstrate that any mandatory requirements will be implemented and that other sustainability aspects have been considered and incorporated, where possible. The following supporting resources will be provided to ensure that the requirements of the SEMP are met:

· Special Event Guidelines

· Sustainable Event Stallholder Guidelines

· How to Run a Sustainable Event Guide

For minor Council events, a Sustainable Events Checklist (SEC) must be submitted and approved as part of the event organising process. The SEC must demonstrate that any mandatory requirements will be implemented and that other sustainability aspects have been considered and incorporated, where possible. For the delivery of a series of events of a similar nature the annual submission and approval of a SEC is all that is required. The following supporting resources will be provided to ensure that the requirements of the SEC are met:

· Sustainable Catering Products for Council Events

· Sustainable Caterers Guide

For minor events run by external organisers, the following supporting resource will be provided to assist event organisers in organising a sustainable event, as part of Council’s event booking process.

· How to Run a Sustainable Event Guide

For internal Council events, a Sustainable Events Checklist (SEC) will be available to all Council staff and Council’s Environment and Sustainability team will be an available resource for any support needed by internal event organisers to fulfil the requirements of the SEC. The following supporting resources will be provided to ensure that the requirements of the SEC are met:

· Sustainable Catering Products for Council Events

· Sustainable Caterers Guide

The Single-Use Plastic Policy will be supported by a Single-use Plastic Reduction Operational Plan.

Staff and financial resources will be dedicated to the implementation of these policies by the Environment and Sustainability section.

Risk Management

The implementation of these policies will reduce the environmental and health risks associated with plastic pollution and unsustainable event management.

Council faces a reputational risk should it fail to meet the requirements of these policies and a risk also exists that alternative goods and services are available within the transition period to enable the objectives of these policies to be met. The staff and financial resources that will be dedicated to the implementation of these policies by the Environment and Sustainability section and the transition period conditions address these risks.

Financial Considerations

The financial implications of the implementation of these policies will not be significant and are largely related to the potential cost increases from procuring more sustainable goods and services. Cost competitiveness will be sought, however, through the procurement process.

Social Considerations

Through the Sustainable Event Management Policy, Council is committed to ensuring that the planning, management, delivery and evaluation of events:

· is inclusive of the broader community and contributes to the diversity and cohesiveness of the Ku-ring-gai community;

· respects and publicly acknowledges indigenous heritage and traditions; and

· applies sustainable and ethical purchasing principles for the procurement of goods and services for events.

Through the Single-Use Plastic Policy, Council aims to reduce the health risks associated with plastic pollution.

Environmental Considerations

Through the Sustainable Event Management Policy, Council is committed to ensuring that the planning, management, delivery and evaluation of events:

· minimises impacts on the environment, including biodiversity and natural resources;

· implements efficiency measures to minimise energy and water consumption and greenhouse gas emissions;

· implements waste avoidance and minimisation strategies and maximises resource recovery for events; and

· encourages the use of sustainable transport to and from events.

Through the Single-Use Plastic Policy, Council aims to reduce the environmental risks associated with plastic production, consumption and pollution.

Community Consultation

It is intended to place the Sustainable Event Management Policy and Single-Use Plastic Policy on public exhibition for a period of 28 days.

Internal Consultation

The revision of the Sustainable Event Management Policy and Single-use Plastic Policy involved extensive consultation, through workshops and one-on-one consultations, with staff and managers from across Council.

Summary

To ensure that any potential negative impacts of events in Ku-ring-gai are eliminated or minimised and that the desired positive impacts arising from events are realised, a review has been undertaken of Council’s Sustainable Event Management Policy, which provides a framework for the integration of sustainability principles and practices into the planning, management, delivery and evaluation of events held in the Ku-ring-gai Local Government Area (LGA).

These policies contain a number of mandatory requirements, as outlined in this report.

A transition period of 2 years will apply to these policies to enable affected stakeholders to implement the requirements of these policies in full. During this transition period, Council staff will work closely with affected stakeholders to support a swift as possible transition to the requirements of these policies. This transition period condition will be monitored and reviewed after the two-year period, to ensure that product alternatives are available for those items that Council intends to fully ban at this time and will adjust the transition period for some items, if necessary.

Staff and financial resources will be dedicated to the implementation of these policies by the Environment and Sustainability section.

Recommendation:

A. That Council endorses the draft Sustainable Event Management Policy and draft Single-Use Plastic Policy for public exhibition.

B. That following the close of the public exhibition a report is brought back to Council to consider any submissions received for these policies.

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Sustainable Event Management Policy - Draft	2019/252959
	A2⇩	Single-use Plastic Policy - Draft	2019/252940
	A3⇩	Sustainability section - Event and Sustainability Risk Management Plan (ESRMP)	2019/252189

Ordinary Meeting of Council - 17 September 2019	GB.13 / 486

Item GB.13	S10746

Draft Flood Prone Land Policy

EXECUTIVE SUMMARY

purpose of report:	To seek Council’s endorsement to place the Draft Flood Prone Land Policy and revised Flood Planning Area Map for the Blackbutt Creek catchment on public exhibition.

background:	Council has completed two flood studies and two flood risk management studies and plans for the Blackbutt Creek and Lovers Jump Creek catchments. This has resulted in Flood Planning Area Maps being publically available for both catchments. As Ku-ring-gai’s Local Environment Plans (LEPs) do not contain a flood prone land clause there is currently no mechanism for providing appropriate advice on Planning Certificates issued under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 concerning flood related development controls.

comments:	The Draft Flood Prone Land Policy has been developed to fairly and appropriately enable notations to be made on planning certificates until Ku-ring-gai’s LEPs are updated. The Flood Planning Area Maps produced for the Blackbutt Creek and Lovers Jump Creek catchments and the Probable Maximum Flood identified in the studies completed provides the basis for notations on Planning Certificates. In order to provide consistency across the catchments the Blackbutt Creek Flood Planning Area Map has been updated in line with the trimming exercise undertaken for the revised Lovers Jump Creek Flood Planning Area Map. It is proposed to place this updated mapping on exhibition prior to final adoption.

recommendation:	That Council endorses the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map for public exhibition and that a report be brought back to Council to consider any submissions received.

Purpose of Report

To seek Council’s endorsement to place the Draft Flood Prone Land Policy and revised Flood Planning Area Map for the Blackbutt Creek catchment on public exhibition.

Background

Ku-ring-gai Council has now completed two flood studies and two flood risk management studies and plans for the Blackbutt Creek and Lovers Jump Creek catchment areas. This has resulted in Flood Planning Area Maps being publically available for both of these catchments. These studies have been undertaken in line with the flood risk management activities outlined in the Ku-ring-gai Water Sensitive City Policy 2016 and the NSW Flood Prone Land Policy and Floodplain Development Manual (2005).

However, as Ku-ring-gai’s Local Environment Plans (LEPs) do not contain a flood prone land clause there is currently no mechanism for providing appropriate advice on Planning Certificates issued under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979 concerning flood related development controls.

Schedule 4 of the Environmental Planning and Assessment Regulation 2000 outlines what information is required to be provided on Planning Certificates, which includes:

7A Flood related development controls information

(1) Whether or not development on that land or part of the land for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (not including development for the purposes of group homes or seniors housing) is subject to flood related development controls.

(2) Whether or not development on that land or part of the land for any other purpose is subject to flood related development controls.

Part 24D.2 (flood studies and the design flood standard) of Ku-ring-gai’s Development Control Plans (DCP) contains the following clause:

3. Where a flood study has been completed and the site is identified on the flood planning area map any development proposal must demonstrate:

i) Development will not exacerbate flooding on adjoining properties; and

ii) Development is confined to a part of the site which is flood free; or

iii) All dwellings are set at or above the specified freeboard

Note: Council has completed flood studies for selected catchments. Please

check www.kmc.nsw.gov.au

However, it is not considered reasonable to apply the flood notations to Section 10.7 Planning Certificates based on this DCP clause as when the flood studies and associated Flood Planning Area Maps were produced the community was not explicitly told that the Planning Certificate notations would be made.

The initial intention was to address this issue by including a flood prone land clause in an update of the Local Environment Plans (LEPs). However, recent requirements relating to Council’s Local Strategic Planning Statement (LSPS) development has meant that an update to the LEP is unlikely to be finalised within a timeframe appropriate to address the issue. Hence, the Draft Flood Prone Land Policy (Attachment A1) has been developed to provide a policy basis for appropriate notations to be made on Planning Certificates until Ku-ring-gai’s LEPs are updated as part of the Local Strategic Planning Statement process.

Comments

The Draft Flood Prone Land Policy (Attachment A1) has been developed to facilitate relevant information from Council’s completed flood studies to be available on Planning Certificates. This policy should be implemented in conjunction with the Ku-ring-gai Water Sensitive City Policy 2016 and will ensure residents and private certifiers are aware of any flood impacts that need to be considered when undertaking development activities.

The Flood Planning Area Maps produced for these catchments will provide the basis for notations on section 10.7(2) of the Planning Certificate and the Probable Maximum Flood identified in the flood studies will be used to provide additional information in the relevant section of 10.7(5).

The proposed notations on the 10.7 Planning Certificates will be supported by the issuing of Flood Certificate Reports. These reports, already available for purchase, contain site-specific flood planning level information for impacted properties. These are currently being requested for a number of development applications and will be particularly useful for private certifiers when notations are made on Planning Certificates. Having appropriate flood information noted on Planning Certificates is particularly important to enable private certifiers to make informed decisions relating to development undertaken through the NSW State Environmental Planning Policy (Exempt and Complying Development Codes). Examples of the notations to be included are provided in Attachment A2 which will also be included in the public exhibition materials.

The objectives of the Draft Flood Prone Land Policy are based on the Standard LEP template model local clause. Following the update of Council’s LEPs to include the appropriate flood prone land clause this Policy will no longer be required and notations can be based on the LEP and Development Control Plan (DCP) reviews that will occur the following completion of Council’s LSPS.

In order to provide consistency across the catchments, the Blackbutt Creek Flood Planning Area Map has been updated in line with the trimming exercise undertaken for the Lovers Jump Creek Catchment Area Map and is also presented to be placed on public exhibition prior to formal adoption by Council. The revised Blackbutt Creek Flood Planning Area Map (Attachment A3) has resulted in 55 properties being removed from the Flood Planning Area. The properties no longer impacted by the Blackbutt Creek Flood Planning Area are highlighted in Figure 1.

Figure 1: Properties no longer impacted by the Blackbutt Creek Flood Planning Area.

Integrated planning and reporting

Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

An aware community able to prepare and respond to the risk to life and property from emergency events.

Emergency Management

Plans are developed and implemented, in partnership with emergency service agencies and key stakeholders.

Complete floodplain risk management study in consultation with Flood Risk Management Committee and investigate priority actions.

Governance Matters

The Flood Risk Management Committee, with community, industry and government representation, acts as an advisory committee to Council for the development of all flood studies and flood risk management studies and plans.

The Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map have been circulated to the Committee and were discussed at the Committee meeting held on 27 August 2019. At this meeting the Committee endorsed the following recommendation to Council:

“That the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map are endorsed to be reported to Council for public exhibition”.

Risk Management

The recent floods in various parts of Australia have highlighted the importance of floodplain risk management and have raised public awareness of the need for all councils to provide landowners with the best possible information on the risk of flooding to their property.

Ensuring that information which is publically available and developed through Council’s flood risk management process is appropriately notified to residents ensures that Council is acting in due faith to ensure the safety of residents and the wider community.

Financial Considerations

Costs related to the public exhibition will be covered by Council’s catchment management budget.

Social Considerations

The results of flood studies and flood risk management studies and plans can impact on property values, insurance premiums, planning controls and options for future development.

Noting available flood information on Planning Certificates will have perceived and actual impacts on these values, however Council needs to ensure information is noted to ensure safe and appropriate development activities are undertaken.

Ensuring that sufficient information is conveyed to residents and available through the Flood Certificate Reports will ensure that people can make informed decisions about property values, insurance premiums and development options.

Environmental Considerations

The NSW Floodplain Development Manual (2005) clearly identifies the need for flood risk management to take into account the principles of ecologically sustainable development and to consider ways of “maintaining and enhancing riverine and floodplain ecology in the development of floodplain risk management plans” (section 1.1.2).

Community Consultation

The Draft Flood Prone Land Policy (Attachment A1) and revised Blackbutt Creek Flood Planning Area Map (Attachment A3) will be placed on public exhibition for a period of no less than 28 days. Examples of the notations to be included on the Section 10.7 Planning Certificates (Attachment A2) will also be included in the public exhibition materials.

All property owners and residents affected by the revised Blackbutt Creek Flood Planning Area Map and adopted Lovers Jump Creek Flood Planning Area Map will be directly notified.

Internal Consultation

Council staff from Strategy and Environment, Operations, Development and Regulation and Land Information have been nominated to attend Flood Risk Management Committee meetings and have been consulted in the development of the draft Policy and supporting materials.

Summary

Recent delays to the update of Council’s LEP, as a result of the development of Council’s Local Strategic Planning Statement (LSPS), has resulted in the development of the Draft Flood Prone Land Policy (Attachment 1) for public exhibition, to provide a policy basis for relevant information from Council’s completed flood studies to be available on Planning Certificates issued under Section 10.7 of the NSW Environmental Planning and Assessment Act 1979.

Recommendation:

A. Council endorses the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map for public exhibition.

B. The Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map are placed on public exhibition for a period of no less than 28 days.

C. Residents and owners of properties in the Overland Flow and Mainstream Flood Planning Area of the revised Blackbutt Creek Flood Planning Area Map are directly notified of the Draft Flood Prone Land Policy and revised Blackbutt Creek Flood Planning Area Map.

D. Residents and owners of properties in the Overland Flow and Mainstream Flood Planning Area of the Lovers Jump Creek Flood Planning Area Map (2019) are directly notified of the Draft Flood Prone Land Policy.

E. That following the close of the public exhibition period a report is brought back to Council to consider any submissions received.

Sophia Findlay

Water and Catchments Program Leader

Marnie Kikken

Manager Environment & Sustainability

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Draft Flood Prone Land Policy	2019/230924
	A2⇩	Example Flood Notations for (Section 10.7) Planning Certificates	2019/256296
	A3⇩	Revised Blackbutt Creek Flood Planning Area 2019	2019/256507

Ordinary Meeting of Council - 17 September 2019	GB.14 / 503

Item GB.14	S09582/6

Upgrade of HVAC System and other tenancy works for 828 Pacific Highway Gordon and changes to tendering requirements in the Local Government Act

EXECUTIVE SUMMARY

purpose of report:	To seek Council approval for urgent upgrade works to the HVAC system and other preparatory tenancy works on Level 2 to accommodate new tenants at 828 Pacific Highway Gordon and update the General Manager’s delegations with regard to tendering to reflect recent changes to the Local Government Act 1993.

background:	Council’s building at 828 Pacific Highway Gordon consists of five (5) levels of office space and basement parking which is commercially leased. Due to a large unexpected increase in tenancy occupancy this year, particularly from 1 January 2020, there is an urgent need to install a new chiller by the end of 2019 in order for the air-conditioning system to provide adequate cooling and dehumidification over the summer period for the whole premises. Additionally, make good and inter-tenancy works are required to accommodate new tenants on Level 2.

comments:	Council has obtained fee proposals for each of the proposed works. The most competitive fee proposal for the chiller exceeds the current tendering threshold beyond which councils have to undertake a competitive tendering process pursuant to section 55 of the Local Government Act 1993. The most competitive fee proposal for make good and inter-tenancy works is under this threshold but greater than the General Manager’s current delegation.

recommendation:	That Council accepts the recommended fee proposals for the installation of a chiller and the carrying out of make good and inter-tenancy works for 828 Pacific Highway Gordon, delegates to the General Manager the authority to execute contracts for the proposed works and authorises the General Manager to undertake all procurement without undertaking a competitive tendering process for amounts less than $250,000 in accordance with recent changes to the Local Government Act 1993.

Purpose of Report

Background

Council owns the building at 828 Pacific Highway Gordon. The subject property comprises five (5) levels of office accommodation providing a Net Lettable Area (NLA) of approximately 7,311m² and basement parking for 252 cars. Currently, 3,889m² of office space is commercially leased to tenants with the vacant areas of 3,422m² representing about 47% of the total NLA.

Council staff, in conjunction with Council’s Leasing Agent Knight Frank, have been able to secure a number of new tenancies for the premises from 1 January 2020 which will effectively see the premises fully occupied from early 2020 except for a small part of Level 1 identified for future Council use. Due to the large increase in the number of tenancies there is an urgent need to install a new chiller prior to the end of 2019 so the HVAC servicing the premises will be able to provide Council’s tenants on all five levels with adequate cooling and dehumidification over the summer period and into the future.

Additionally, to accommodate two new tenancies on Level 2 (occupying approximately 1770m² of floor space) there is similarly a need to carry out make good and inter-tenancy works including demolition, construction of tenancy walls, provision of essential services, painting, repair/replacement of ceiling tiles and a range of other works. The current space on Level 2 has been vacant since Council acquired the property in 2012.

Comments

An independent assessment of the adequacy of the HVAC has been carried out by an expert consultant firm who confirmed that a new chiller is required to adequately cater for the increased load emanating from the additional tenancies. CBRE, Council’s Property and Facilities Manager for the premises, commissioned Simpson Kotzman, Consulting Engineers to prepare detailed specifications for the proposed works and subsequently fee proposals were called from specialist contract providers for the supply and installation of the chiller. Following their assessment, Simpson Kotzman and CBRE made a recommendation to Council as provided in Confidential Attachment A1.

In relation to the required make good and inter-tenancy works for the two new tenants on Level 2, CBRE has also sought fee proposals on behalf of Council from reputable and experienced Commercial Office refurbishment and construction specialists. Following assessment of the fee proposals received, CBRE has made a recommendation to Council as provided in Confidential Attachment A2.

Pursuant to section 55 of the Local Government Act 1993 and the Local Government (General) Regulation 2005 the tendering threshold, below which councils do not have to undertake a competitive tendering process, has been increased to $250,000 effective from 25 June 2019. The recommended fee proposal for the chiller is greater than the new threshold, although not significantly. Section 55(3)(i) of the Act, however, allows Council to forego an open tender process where the Council forms the view that there are “extenuating circumstances”.

Further, with the current contractual arrangements in place with the new tenancies, Council will be obligated in its capacity as Lessor to provide acceptable accommodation including air-conditioning. If Council were to go to an open public tender for the chiller the time frame required to call tenders, assess proposals, secure Council approval and finalise the contract would entail a minimum time frame of 2 to 3 months along with a similar timeline for the supply and installation of the chiller once the successful tenderer was notified. These timelines would result in the chiller not being operational by the time the new tenants occupy the premises from early January 2020.

The supply and installation of the chiller can only be performed by a select number of contractors. It is contended that an open tender process will unlikely result in the provision of a more competitive tender than the fee proposal obtained. The emergent nature of the works and the foregoing circumstances warrants Council invoking the provisions of section 55(3)(k) of the Local Government Act 1993 to award the contract without an open tender process.

In this case Council has obtained competitive prices, the works are of a highly specialised nature wherein there are a limited number of firms able to carry out the works and there is a need to complete works in advance of the summer period and prior to full occupation in early January 2020.

Consequently, this report asks Council to determine that the works be carried out under the extenuating circumstances provisions of section 55(3)(i) of the Local Government Act 1993.

In respect of the make good and inter-tenancy works on Level 2, the recommended fee proposal is under the current tendering threshold of $250,000 in the Local Government Act 1993 , however, the General Manager’s authority reflects the previous threshold of $150,000, which requires staff to conduct a tender if the expenditure or contract price exceeds $150,000. The recommended fee proposal exceeds $150,000.

Due to the emergent need to commission and install the chiller and commence make good and inter-tenancy works for the Level 2 tenancies, it is recommended that Council approves of the acceptance of the recommended fee proposals and authorises the General Manager to execute contracts for the works. .

A budget allocation for improvements to the HVAC system including the chiller upgrade has been made in the 2019/2020 CAPEX budget. The make good and inter-tenancy works will be funded from the remaining budget and/or the additional rent.

It is also recommended that Council updates the General Manager’s delegations to reflect the recent changes to the Local Government Act, and authorise the General Manager to undertake all procurement without a competitive tendering process for amounts less than $250,000. This change to the Local Government Act was introduced as part of state government reform for local government. The previous threshold was considered to be too low as it results in contracts of an operational nature, which could be dealt with at the operational level, having to come before the Council for acceptance.

integrated planning and reporting

Theme – Leadership and Governance L2 – Financial capacity and sustainability

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Ensure the commercial property portfolio provides market returns

Governance Matters

The provision and supply of an additional chiller for 828 Pacific Highway requires the services of a specialist contractor. CBRE, Council’s external Property and Facilities Manager for the premises engaged Simpson Kotzman, Consulting Engineers to prepare detailed specifications for the proposed works. Subsequently quotations were called for the supply and installation of the chiller. Following an assessment, Simpson Kotzman and CBRE have subsequently recommended that Council accepts a fee proposal as shown in Confidential Attachment A1.

The fee proposal for the chiller is greater than the new tendering threshold in the Local Government Act 1993, however, section 55(3)(i) allows Council to forego an open tender process where a council is of the view that there are “extenuating circumstances”. The circumstances in this instance warrant Council invoking section 55(3)(i) on this occasion. It is considered the recommended fee proposal offers value for money and the assessment process was conducted in transparent and equitable manner.

Quotations were also obtained from experienced Commercial Office refurbishment and construction specialists to carry out the required make good and inter-tenancy works for the new tenancies on Level 2. The recommended fee proposal is shown in Confidential Attachment A2.

Risk Management

The recommended contractors have a strong reputation in their respective industries. Council’s solicitors will review the contracts to ensure Council’s interests are adequately protected.

Financial Considerations

The recommended fee proposals are considered to be competitive and represent the best value for money to Council.

An allocation has been made in the 2019/2020 CAPEX budget for improvements to the HVAC system including the chiller upgrade. The make good and inter-tenancy works for the new Level 2 tenancies will be funded from the remaining budget and/or the additional rental.

The substantial increase in tenancies will also improve Council’s financial position and future cash flow through additional rentals.

Social Considerations

Not applicable.

Environmental Considerations

There are no adverse environmental impacts associated with the proposed works. As Lessor, Council has a responsibility to ensure the comfort and well-being of its tenants in the building including the provision of a fully functional HVAC.

Community Consultation

No community consultation was required.

Internal Consultation

Internal consultation has taken place with Council’s Corporate Department (Finance and Procurement and Contracts).

Summary

Council has been able to secure a number of new tenancies for the premises in the past few months, which will effectively see the premises fully occupied from the beginning of January 2020. Due to the substantial increase in the number of tenancies, there is an urgent need to upgrade the HVAC through the installation a new chiller so Council’s tenants on all five levels can be properly accommodated. In addition, Council is required to make good and carry out inter-tenancy works for the new tenants on Level 2 so they can be adequately accommodated.

Fee proposals have been obtained for the supply and installation of the chiller and following assessment it is recommended that one of the proposals be accepted. The price for the recommended proposal is over the new tendering threshold in the Local Government Act 1993, however, section 55(3)(i) allows Council to forego an open tender process where a council is of the view that there are “extenuating circumstances”. The calling of open tenders and the associated time constraints would preclude Council from meeting its lease contractual arrangements from January 2020 and the emergent nature of the works warrant Council not going to tender for these works. It is considered the recommended fee proposal offers value for money and the assessment process was conducted in transparent and equitable manner.

Quotations have also been obtained from experienced Commercial Office refurbishment and construction specialists to carry out the required make good and inter-tenancy works for the new tenancies on Level 2. The recommended fee proposal is the most competitive and involves a contract price that is under the current tendering threshold of $250,000 in the Local Government Act 1993. However, the General Manager’s authority reflects the previous threshold of $150,000, which requires staff to conduct a tender if the expenditure or contract price exceeds $150,000. The recommended fee proposal exceeds $150,000.

A budget allocation for improvements to the HVAC system including the chiller upgrade has been made in the 2019/2020 CAPEX. The make good and inter-tenancy works will be funded from the remaining budget and/or the additional rent.

Recommendation:

A. That the supply and installation of a chiller for 828 Pacific Highway Gordon be carried out under the provisions of section 55(3)(i) of the Local Government Act 1993 as a satisfactory result would not be achieved by inviting tenders, due to the need to complete works in advance of the summer period and prior to full occupation in early January 2020, and as competitive proposals from specialist, qualified and experienced contractors have been received.

B. That Council accepts the fee proposals as recommended in Confidential Attachment A1 and A2 respectively for the supply and installation of a chiller and the carrying out of make good and inter-tenancy works for 828 Pacific Highway Gordon.

C. That Council delegates to the General Manager authority to enter into contracts as required to execute the works.

D. That Council authorises the General Manager to undertake all procurement without undertaking a competitive tendering process for amounts less than $250,000 in accordance with recent changes to the Local Government Act.

Vince Rago

Property Program Coordinator

Steve Johnson

Manager Property

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Review of fee proposals for chiller		Confidential
	A2	Lessor Make good and Inter-tenancy works		Confidential

Ordinary Meeting of Council - 17 September 2019	GB.15 / 509

Item GB.15	S12201

Lindfield Village Green - Tender Readiness

EXECUTIVE SUMMARY

purpose of report:	To update Council on the tender readiness of the Lindfield Village Green (LVG) project.

background:	At the 11 June 2019 OMC Council resolved to run a two (2) stage tender process for the LVG Head Contractor commencing with an EOI. At the Major Projects Steering Committee (MPSC) meeting on 29 July 2019 concerning a report on the tender readiness of the LVG project, the committee endorsed the project for reporting to Council at the OMC 17 September 2019 as being tender ready, subject to approval from five (5) separate parties.

comments:	The LVG project has been subject to a number of reviews and gateway issues that are outlined in this and attached reports. Council are now requested to consider the projects readiness to enter the Stage 2 (financial) tender.

recommendation:	That Council resolve to progress the project into the Stage 2 (Financial) tender as soon as the MPSC are satisfied that gateway issues are resolved.

Purpose of Report

To update Council on the tender readiness of the Lindfield Village Green (LVG) project.

Background

As part of the new governance structure for all Major Projects, Councillors’ acceptance of Tender readiness for construction as well as the type of tender to be conducted (for major projects) is now required.

Comments

Councillors are directed to Confidential Attachment A1 in consideration of the projects readiness to enter Stage 2 of the tender process. The report (Confidential Attachment A1) outlines issues of importance in determining the projects readiness to tender.

At the Major Projects Steering Committee (MPSC) meeting on 29 July 2019 concerning a report on the tender readiness of the LVG project, the committee’s recommendations were (in part) as follow;

- The following sign offs are required in addition to Major Project Advisory Committee (MPAC) review:

o Legal sign off (Minter Ellison)

o Probity sign off (Internal)

o Finance sign off (Internal)

o PM sign off (External PM)

Due to the requirement for Council reports to be completed three (3) weeks prior to the Ordinary Council Meetings, the above (x5) sign-offs are currently still in progress. It is therefore recommend that Council resolve that the project is tender ready when approval from MPSC is received.

integrated planning and reporting

Places, Spaces and Infrastructure - P4 Revitalisation of our centres

Community, People and Culture - C4 Healthy lifestyles

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4.1.1

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

P4.1.4

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

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

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

Undertake due diligence and undertake project scope.

Identify and engage with the key stakeholders.

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

C4.1.2

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

Undertake acquisitions for new parks.

Undertake assessment and identify locations for new parks

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

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

Governance Matters

This project has been reported extensively to Council with a total of nineteen (19) reports to Council since 2013. The reports have addressed a broad range of matters including open space planning, project definition, project scope and budget, tenders, community engagement, concept plans and compulsory acquisition. The reports are as follows:

1. Ordinary Meeting of Council 11June 2019 – Lindfield Village Green – 2 Stage Tender for Construction

2. Ordinary Meeting of Council 16 October 2018 – Lindfield Village Green RFT20-2018

3. Ordinary Meeting of Council 25 September 2018 – Lindfield Village Green Heads of Agreement with TfNSW Update

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Risk Management

Confidential Attachment A1 identifies a number of Risk issues and how they have been actively managed. Some of the risks are still considered to be ‘commercial in confidence’ at this time, thus the reports are classified.

Financial Considerations

This project is identified in Council’s Long Term Financial Plan and listed in Council’s Revised Delivery Program 2018 - 2021. The Operational Plan 2018 - 2021 identifies funds in the Capital Works Program & Operational Projects 2018/2019 and 2019/2020.

Social Considerations

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

Environmental Considerations

There are no environmental issues arising from this report. All environmental impacts have been considered as part of the DA and are included within the approved documentation.

Community Consultation

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

The community also had their opportunity to comment on the proposal through the DA notification process.

A plan for engagement is being prepared so that the community will be well informed prior to construction on the project starting. Consultation will include information on any changes to traffic and parking that will be implemented through the construction period.

Internal Consultation

GMD is the project owner and sponsor of the project.

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

Summary

A number of gateway issues and approvals have been requested of the project in order to report to Council that the project is ready to enter stage 2 of the tender process.

Major Projects Steering Committee (MPSC) requires separate approvals from a number of parties prior to accepting that the project is ready to tender. Councillors are now requested to consider the projects readiness to tender considering MPSC sign-off requirements are met.

Details of the financial tender (including recommendation for award) are to be reported to Council separately.

Recommendation:

That Council recommends the LVG project commences the Stage 2 (financial) tender as soon as MPSC is satisfied that their sign-off requirements are met.

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:	A1	Tender Readiness - Issues review	Confidential
	A2	MPAC Report - LVG Review	Confidential
	A3	NS Group Report - LVG Review	Confidential

Ordinary Meeting of Council - 17 September 2019	GB.16 / 514

Item GB.16	EOI11-2019/R

EOI 11/2019 - Lindfield Village Green Head Contractor

EXECUTIVE SUMMARY

purpose of report:	To consider the applications received for Expression of Interest (EOI) no. EOI11-2019 – Lindfield Village Green (LVG) Head Contractor and to recommend to Council a pre-qualified panel of contractors to be invited into the Stage 2 (financial) Tender.

background:	At the 11 June 2019 OMC Council resolved to run a two (2) stage tender process for the LVG Head Contractor commencing with an EOI. EOI documents were released through Tenderlink on 16 July 2019 with a closing date of 06 August 2019.

comments:	Twenty-one (21) submissions were received. The submissions were assessed against criteria established in accordance with the Tender Evaluation Plan. Five (5) applicants have been short-listed based on agreed criteria that were made known to the applicants through an open EOI process. A full evaluation of the EOI submissions has been undertaken by a Tender Evaluation Committee (TEC).

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended that Council accept the pre-qualified panel for Head Contractor as identified in the Confidential Attachment A1 - EOI Evaluation Report.

Purpose of Report

Background

Council, as part of the Delivery Program 2018-2021 and Operational Plan 2019-2020, seeks to revitalise Ku-ring-gai’s local centres to improve their vitality and liveability.

The purpose of the EOI process is to pre-qualify the applicants that offer the best overall Head Contractor services to Ku-ring-gai Council. Selected Contractors will then be given the opportunity to enter a ‘Select Tender’ process, which will include financial bids, in order to be awarded the contract for construction of the LVG project. .

Comments

Twenty-one (21) applications were received and recorded in accordance with Council’s tendering policy. Applications were received from the following companies:

Reference	Company Name
A	Adco Constructions Pty Limited
B	AW Edwards Pty Ltd
C	Buildcorp Group Pty Ltd
D	EDT Projects Pty Ltd
E	FDC Contracting Pty Ltd
F	Ford Civil Contracting Pty Ltd
G	Ganellen Infrastructure Pty. Ltd.
H	Grindley Construction Pty Limited
I	Hacer Group NSW PTY LTD
J	Haslin Construction Pty Ltd
K	Icon Cockram (Icon SI (Aust) Pty Ltd)
L	J Hutchinson Pty Ltd
M	Kane Constructions
N	Lahey Constructions Pty Ltd
O	Lloyd Group Pty Ltd
P	Parkview Group Australia Pty Ltd
Q	Pindan Constructions (NSW) Pty Ltd
R	Richard Crookes Constructions
S	State Asphalt Services Pty Ltd
T	Stephen Edwards Constructions Pty Ltd
U	Taylor Construction Group Pty Ltd

The twenty-one (21) submissions received were assessed against the evaluation criteria set out in the Tender Evaluation Plan (Confidential Attachment A2); the short-listed tenderers identified as providing the best value to Council are set out in the Tender Evaluation Report (Confidential Attachment A1).

integrated planning and reporting

Places, Spaces and Infrastructure - P4 Revitalisation of our centres

Community, People and Culture - C4 Healthy lifestyles

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

P4.1.1

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

P4.1.4

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

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

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

Undertake due diligence and undertake project scope.

Identify and engage with the key stakeholders.

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

C4.1.2

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

Undertake acquisitions for new parks.

Undertake assessment and identify locations for new parks

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

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

Governance Matters

EOI documents were prepared and released through Tenderlink on 16 July 2019 with a closing date of 6 August 2019. At close of tender, twenty-one (21) applications were received. All submissions were recorded in accordance with Council’s tendering policy.

The Tender Evaluation Committee (TEC), including Probity Adviser, comprising of staff from Strategy & Environment and Operations Departments as well as the external Project Manager assessed all the applications received in accordance with the assessment criteria and for conformity with Schedules and the requirements of the EOI, as defined by the Tender Evaluation Plan (TEP) – Confidential Attachment A2.

In accordance with the TEP, the evaluation took into account:

· organisational and financial capacity;

· relevant project experience; and

· personnel and capacity.

Confidential Attachments A1 & A2 respectively, to this report include:

· Tender Evaluation Report; and

· Tender Evaluation Plan.

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

Council is committed to high quality design outcomes for its major projects and therefore requires a high calibre builder so as to gain the latest technologies and expertise in the construction industry. Council previously recommended to run a two stage tender to entice quality contractors to enter the tender. The EOI called for non–financial submissions and is therefore less time consuming than a full (one stage) tender. Companies that are pre-qualified are more likely (but not assured) to enter the more demanding financial tender (stage 2). This process, although more time consuming for Council, is considered to de-risk the project somewhat by procuring a quality builder.

Financial Considerations

Social Considerations

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

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

Environmental Considerations

There are no environmental considerations arising from this report.

Community Consultation

No community consultation has been required for the preparation of this report.

Internal Consultation

Internal consultation has been undertaken with the Major Projects Steering Committee and the Tender Evaluation Committee (TEC), which comprised staff from Strategy & Environment and Operations Departments, and Council’s Manager of Procurement & Contracts.

Summary

EOI documents were prepared and released through Tenderlink on 16 July 2019 with a closing date of 6 August 2019.

The Tender Evaluation Committee (TEC), including Probity Adviser, was formed consisting of representatives from Strategy & Environment and Operations Departments as well as the external Project Manager.

At close of tender, twenty-one (21) applications were received. All submissions were recorded in accordance with Council’s tendering policy and assessed against an agreed Tender Evaluation Plan (TEP).

Following evaluation in accordance with the TEP, it is recommended that five (5) of the applicants are approved to be part of a pre-qualified panel that will then be given the opportunity to enter a ‘Select Tender’ process, which will include financial bids, in order to be awarded the contract for construction of the LVG project.

Recommendation:

A. That Council accepts the submissions from the selected applicants as set out in the Tender Evaluation Report (Confidential attachment A1) to be part of a pre-qualified panel that will then be given the opportunity to enter a ‘Select tender’ processes, which will include financial bids, in order to be awarded the contract for construction of the Lindfield Village Green project.

B. That the General Manager be given delegated authority to execute all tender documents on Council’s behalf in relation to this EOI.

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

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

Dean Payne

Project Manager - Major Projects

Andrew Watson

Director Strategy & Environment

Attachments:	A1	EOI11-2019 Tender Evaluation Report		Confidential
	A2	EOI11-2019 Evaluation Plan		Confidential

Ordinary Meeting of Council - 17 September 2019	MM.1 / 33

Item MM.1	S05898

Ordinary Meeting of Council - 17 September 2019	MM.2 / 35

Item MM.2	S07466

Ordinary Meeting of Council - 17 September 2019	PT.1 / 37

Item PT.1	88/05005/01

Ordinary Meeting of Council - 17 September 2019	GB.1 / 38

Item GB.1	S03662
	16 August 2019

Ordinary Meeting of Council - 17 September 2019	GB.2 / 45

Item GB.2	S03662
	16 August 2019

Ordinary Meeting of Council - 17 September 2019	GB.3 / 52

Item GB.3	S10078
	19 August 2019

Attachments:	A1⇩	Council Advisory / Reference Committees Guideline		2019/245098
	A2 ⇩	2017/2019 Reference/Advisory Committee Appointments		2019/245008

Ordinary Meeting of Council - 17 September 2019	GB.4 / 83

Item GB.4	S03662
	19 August 2019

Committee/Organisation	Number to be appointed
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney	Mayor, or 1 delegate
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn	Mayor, or 1 delegate
Ku-ring-gai Meals on Wheels Inc.	1 delegate 1 alternate
Eryldene Trust	1 delegate
Hornsby/Ku-ring-gai Bushfire Management Committee	1 delegate 1 alternate
Metropolitan Public Libraries Association	1 delegate
Rural Fire Service District Liaison Committee	1 delegate
Northern Sydney Regional Organisation of Councils (NSROC)	Mayor 1 delegate 1 alternate
Ku-ring-gai Youth Development Service Inc. Management Committee	1 delegate 1 alternate
Hornsby/Ku-ring-gai PCYC Advisory Committee	1 delegate 1 alternate

Ordinary Meeting of Council - 17 September 2019	GB.9 / 347

Item GB.9	CY00043/11
	30 August 2019

Ordinary Meeting of Council - 17 September 2019	GB.10 / 352

Item GB.10	CY00076/11
	28 August 2019

Ordinary Meeting of Council - 17 September 2019	GB.17 / 520

Item GB.17	RFT7-2019

Attachments:	A1	RFT7-2019 List of submitters		Confidential
	A2	RFT7-2019 Tender evaluation report		Confidential

Ordinary Meeting of Council - 17 September 2019	QN.1 / 524

Item QN.1	S03881