Agenda of Ordinary Meeting of Council - Tuesday, 20 October 2020

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 20 October 2020 AT 7:00pm

REMOTELY VIA ZOOM

Agenda

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

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

The Livestream can be viewed here:

http://www.kmc.nsw.gov.au/Your_Council/Meetings/Council_Meeting_livestream

Disclaimer: All Ku-ring-gai Council Ordinary Meetings of Council are livestreamed for on-demand viewing on the KMC website. Although Council will do its best to ensure the public is excluded from the livestream, Council cannot guarantee a person’s image and/or voice won’t be broadcast. Accordingly, attendance at Council meetings is considered consent by a person for their image and/or voice to be webcast. Council accepts no liability for any damage that may result from defamatory comments made by persons attending meetings. As per clause 15.21 of Council’s Code of Meeting Practice, a person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording or photograph of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the council.

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 confidential attachments to the following General Business reports:

GB.1 Lindfield Village Hub Update

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

Attachment 1: LVH - OMC - Attachment A1 to OMC Report on LVH Negotiation Status - 20
October 2020

GB.13 Sustainable Recreation Advisory Group - member confirmation

In accordance with 10(2)(a):

Attachment 1: Community representative applications

GB.14 RFT6-2020 Waste Collection Services

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

Attachment 1: RFT6-2020 List of Submitters

Attachment 2: RFT6-2020 Tender Evaluation Report

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 9

File: S02131

Meeting held 22 September 2020

Minutes numbered 166 to 189

minutes from the Mayor

MM.1 Centenary of 1st Lindfield Scout Troop 41

File: CY00455/8

It is my happy duty to inform Council and our community of an historic achievement for the scouting movement in Ku-ring-gai – the Centenary of the 1st Lindfield Scout Troop.

In late 1920 three Lindfield boys, Don Isles, Bill South and Norman ‘Nip’ Lawrence approached schoolteacher Mr Albert Woods at Gordon Public School to ask if he could be their Scoutmaster. The boys knew that Mr. Woods had seen service in World War 1 at Gallipoli and in France and that, coupled with his teaching experience, made them think he would be an ideal leader for their scouting activities.

After some thought Mr. Woods agreed to be their Scoutmaster and this decision led to the commencement and foundation of the 1st Lindfield Scout Troop on 22 September 1920.

From small beginnings the Lindfield scout troop soon expanded and along the way, marked some notable achievements. In its first year in 1922 it attracted enough members to attend a national Corroboree in Melbourne. In 1941 its clubhouse in Slade Avenue– still in use today – was officially opened by the Ku-ring-gai Mayor in 1941. The clubhouse was extended over the next decade to include rooms for senior scouts, Rovers and cubs.

In 1966 the clubhouse also became the base for local girl guides, but it was not until 51 years later in 2017 that girls were formally admitted to the scout troop. Nonetheless, female scout leaders have always had a strong influence at the 1st Lindfield Scout Troop. One example was Lady Cubmaster Miss Nola Beatty, appointed to the position in 1948. The scores of boys who passed through her care during three years between 1948 and 1951 greatly benefitted from her ever-enthusiastic guidance.

Since 1920, many Australian and pan-Pacific Jamborees, Corroboree, Senior Ventures, and Rover Moots have been held in Australia and 1st Lindfield has been represented at each one. Lindfield was at the ninth World Jamboree in England in 1957, which was the Jubilee Jamboree held to commemorate 50 years of scouting and also the 100th anniversary of the birth of Baden Powell.

In 2017, the Lindfield campsite was awarded the best of that year’s Corroboree out of 60 competing campsites. The senior troop and Rover Crew have grown in strength over the years and regularly hold major activities such as bushwalking in Tasmania at Christmas and ski trips in the winter time.

The 1st Lindfield Scout Troop are a great example of community, leadership and teamwork that continues to thrive to the present day. On behalf of the Council, I offer my congratulations and thanks to all who have served with the 1st Lindfield Scout Troop.

Recommendation:

That:

A. This Mayoral Minute be received and noted.

B. The Mayor write to the 1^st Lindfield Scout Troop to congratulate them on the Centenary.

Petitions

PT.1 Objections to the development of the 5 storey apartment block at 1-3 Corona Avenue, Roseville 43

File: DA0300/19

We, residents of Corona Ave, Maclaurin Parade, Nola Road, Nola Lane, Kings Avenue and Pacific Highway Roseville strenuously object to the development of the 5 story apartment block at 1-3 Corona Avenue, Roseville. Object to this development application (41 signatures).

Reasons for objection include but are not limited to:

- Exceeding the height of building limits (HOB)

- No plans for minimisation of residential impact re demolition, excavation and construction

- Traffic and parking congestion

- Up to 40 truck movements per day

- Destruction of animal habitats (powerful owls and other wildlife)

- Noise: Many people now work from home because of COVID-19

GENERAL BUSINESS

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

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

GB.1 Lindfield Village Hub Update 44

File: S10973-4

This report provides an update on the Lindfield Village Hub project.

Recommendation:

That Council receive and note this report.

GB.2 2020 Ku-ring-gai Community Grants Program 49

File: FY00432/10

To advise Council of applications received for the 2020 Ku-ring-gai Community Grants Program, and to recommend funding allocations for individual community and cultural groups.

Recommendation:

That Council approve the recommendations in this report for funding of $124,127 for community and cultural groups.

GB.3 Delegation of Authority - Deputy Mayor for 2020-2021 Term 193

File: CY00259/12

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

Recommendation:

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

GB.4 Disclosures of Interest Returns Register 2019/20 199

File: CY00440/8

To table Council’s Clause 4.23 Disclosure of Interest Returns Register in accordance with Schedule 1 of the Ku-ring-gai Council Code of Conduct (the Code).

Recommendation:

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

GB.5 Invitation to Streetwork Glam and Grunge Fundraising Event 203

File: CY00043/12

To inform Councillors of an invitation from StreetWork for their Glam and Grunge fundraising event that will be held virtually on Friday, 30 October 2020.

Recommendation:

That any Councillors wishing to attend the fundraising event advise the General Manager by Friday, 23 October 2020.

GB.6 Audited General and Special Purpose Financial Statements for the year ended 30 June 2020 207

File: FY00623/3

To present to Council the Annual Financial Statements for the year ended 30 June 2020 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2020.

Recommendation:

That Council receive the audited Financial Statements for the year ended 30 June 2020 and the auditor’s report from the Audit Office of NSW.

GB.7 Investment Report as at 30 September 2020 223

File: FY00623/3

To present Council’s investment portfolio performance for September 2020.

Recommendation:

That the summary of investments performance for September 2020 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.8 Bushland Dumping and Encroachment Policy 231

File: CY00295/11

For Council to adopt the exhibited Bushland Dumping and Encroachment Policy 2020.

Recommendation:

That Council adopts the Bushland Dumping and Encroachment Policy 2020

GB.9 Draft Ku-ring-gai Heritage Strategy 246

File: S12203

To present the draft Ku-ring-gai Heritage Strategy (Attachment A1) for public exhibition.

Recommendation:

That Council endorses the draft Ku-ring-gai Heritage Strategy for public exhibition.

GB.10 Heritage Reference Committee Membership 270

File: CY00413/8

To have Council consider the nominations of two new members to the Heritage Reference Committee (‘HRC’), consisting of a replacement representative from the Ku-ring-gai Historical Society, and a new community member to fill an existing vacancy.

Recommendation:

That Council consider and accept each of the nominations for membership to the Heritage Reference Committee.

GB.11 Proposed Heritage Listing of 6 Springdale Road, Killara 301

File: S11660

To present the Planning Proposal for the heritage listing of 6 Springdale Road, Killara following recommendation of the Ku-ring-gai Local Planning Panel (‘KLPP’).

Recommendation:

That the Planning Proposal for the listing of 6 Springdale Road, Killara proceed to Gateway Determination.

GB.12 Proposed Synthetic Field at Norman Griffiths Sportsground, West Pymble 482

File: S07491

To advise Council of the response to the community consultation for the proposed synthetic field at Norman Griffiths Sportsground, West Pymble and provide advice as to an alternate funding source to fund the project shortfall to allow the project to proceed to design and construction.

Recommendation:

Council proceeds to design and construction of a synthetic surface at Norman Griffiths Sportsground this financial year.

GB.13 Sustainable Recreation Advisory Group - member confirmation 492

File: S11290

To provide Council with recommendations regarding community representatives nominated for the Sustainable Recreation Advisory Group.

Recommendation:

That Council amends the Terms of Reference for community membership of the Sustainable Recreation Advisory Group from 6 to 8 members plus 1 proxy member, and that Council adopt the 9 recommended applicants for the Sustainable Recreation Advisory Group.

GB.14 RFT6-2020 Waste Collection Services 497

File: RFT6-2020

To consider the tenders received for Waste Collection Services ten (10) year contract and to appoint the preferred tenderer.

Recommendation:

That as a result of considering the non-competitive tenders submitted for the proposed RFT6-2020 Waste Collection Services contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 1995 (“the Regulation”), Council declines to accept any of the tenders.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Draft Housing Strategy for Ku-ring-gai 504

File: S12198

Notice of Rescission from Councillors Spencer, Ngai, Kay, Kelly and Pettett dated 22 September 2020

We, the undersigned, hereby move on rescinding MM.1 – Draft Housing Strategy for Ku-ring-gai, of the Ordinary Meeting of Council on 22 September 2020. This rescission includes all amendments and supplementary recommendations in relation to the matter.

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

Questions With Notice

QN.1 Expenditure in 2018 Report 505

File: FY00561/9

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 22 September 2020

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 Corporate Communications (Virginia Leafe)

Manager Urban & Heritage Planning (Antony Fabbro)

Team Leader Urban Planning (Craige Wyse)

Senior Urban Planner (Alexandra Plumb)

Team Leader Urban Design (Bill Royal)

Urban Design Projects Officer (Divya Verma)

Manager Governance and Corporate Strategy (Michael Wearne)

Governance Support Officer/ Minutes Secretary (Rebecca Srbinovska)

The Meeting commenced at 7:01pm

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.

General Manager McKee declared a conflict of interest for Item C.1 - General Manager Performance Review. The General Manager, Directors and all other staff will leave the chamber during consideration of the matter.

166

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Greenfield/Clarke)

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:

In accordance with 10(2)(a):

C.1 General Manager Performance Review

GB 9 RFT3-2020 Bushland Services Schedule of Rates Panel

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

Attachment 1: RFT3-2020 List of Submitters

Attachment 2: RFT3-2020 Evaluation Report

GB.10 RFT8-2020 Council Chambers Heritage Building Structural Repairs

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

Attachment 1: RFT8-2020 List of Submitters

Attachment 2: RFT8-2020 Tender Evaluation Report

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

Against the Resolution: Councillor Spencer.

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:

MM.1 - Draft Housing Strategy for Ku-ring-gai

Report by Mayor dated 11 September 2020 with attachments.

Memorandums:

GB.1 – Election of Deputy Mayor for the 2020-21 Term

Memorandum from Manager Governance and Corporate Strategy dated 22 September 2020 to the Mayor and Councillors attaching information for an Ordinary Ballot for the Deputy Mayoral Election.

GB.6 – Draft General and Special Purpose Financial

Statements for the year ended 30 June 2020

Memorandum from Manager Finance dated 18 September 2020 to the Mayor and Councillors attaching late amendments to disclosure in Note 18(b) of the Draft Financial Statements.

GB.15 – Draft Ku-ring-gai Housing Strategy to 2036 –

Consideration of Submissions and Local Centre

Delivery Plans

Memorandum from Director Strategy and Environment dated 16 September 2020 to the Mayor and Councillors attaching late submissions received.

GB.17 – St Ives Indoor Sports Centre - Heads of Agreement

with the Department of Education

Confidential memorandum from Director Strategy and Environment dated 18 September 2020 to the Mayor and Councillors attaching the quarterly MPAC report.

CONFIRMATION OF MINUTEs

167

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 25 August 2020

Minutes numbered 148 to 165

Resolved:

(Moved: Councillors Clarke/Greenfield)

That Minutes numbered 148 to 165 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

168

SUSPENSION OF STANDING ORDERS

File: S02131

Vide:

A motion to suspend standing orders was put forward to deal with items GB.1, GB.2 and GB.3.

Resolved:

(Moved: Councillors Greenfield/Szatow)

That Council suspend standing orders to deal with the following items at this point in the meeting:

GB.1 – Election of Deputy Mayor for the 2020-2021 Term,

GB.2 – Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2020- 2021 Mayoral Term and;

GB.3 – Representation on External Committees and Organisations 2020 - 2021 Mayoral Term at this point of the meeting.

CARRIED UNANIMOUSLY

169

Election of Deputy Mayor for the 2020 - 2021 Term

File: S03662

Vide: GB.1

To elect the Deputy Mayor for the 2020-2021 term.

Resolved:

(Moved: Councillors Clarke/Spencer)

A. That the method of voting for the position of Deputy Mayor proceed using the open voting method.

B. That Council elect the Deputy Mayor for the 2020-2021 term.

CARRIED UNANIMOUSLY

The General Manager, Mr John McKee, in accordance with provisions of Clause 1 of Schedule 7 of the Local Government (General ) Regulation 2005, acted as Returning Officer for the election of Deputy Mayor.

Two members of the public were present to act as scrutineers for the election:

J. Harwood

C. Darby

The Returning Officer announced there was two nomination for the position of Mayor.

Councillors Callum Clarke and Cedric Spencer were nominated and accepted the nomination. As there were 2 candidates, voting was conducted.

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

Councillors Anderson, Clarke, Greenfield, Smith and Szatow.

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

Councillors Kay, Kelly, Ngai, Pettett and Spencer.

As the vote was tied, the Returning Officer advised the meeting that the position of Deputy Mayor would be drawn by lot in accordance with Clause 12 of Schedule 7 of the Local Government (General) Regulation, 2005.

Councillor Spencer’s name was drawn by the Returning Officer.

Councillor Cedric Spencer was duly elected to the position of Deputy Mayor for the 2020-2021 term.

170

Election of Chairpersons and Deputy Chairpersons for Reference and Advisory Committees the 2020- 2021 Mayoral Term

File: S10078

Vide: GB.2

For Council to give consideration to the appointment of the chairpersons and deputy chairpersons for Council’s Reference and Advisory Committees for the 2020 – 2021 Mayoral term.

Resolved:

(Moved: Councillors Clarke/Szatow)

That Council continues with its previous 2019-2020 appointments for the 2020-2021 period as follows:

A. Councillor Anderson remain as Chairperson and Councillor Smith remain as Deputy Chairperson for the Heritage Reference Committee.

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

C. Councillor Clarke remain as Chairperson and Councillor Greenfield remain as Deputy Chairperson for the Flood Risk Management Reference Committee.

D. Councillors Ngai and Smith remain as members of the Audit, Risk and Improvement Committee (noting that the committee is chaired by an external independent member, Mr Stephen Coates) and further, that other Councillors are invited to attend as observers as previously has occurred.

E. Councillor Szatow remain on the Marian Street Theatre Reference Committee.

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

Against the Resolution: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution.

171

Representation on External Committees and Organisations 2020 - 2021 Mayoral Term

File: S03662

Vide: GB.3

For Council to appoint its representatives to external committees and organisations for the 2020 – 2021 Mayoral term.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. Council continues with the 2019-2020 representations on the external committees and organisations for the 2020-21 term as follows:

Committee/Organisation	Number to be appointed	Representative
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to North Sydney	Mayor, or 1 delegate	Cr Kay
Ku-ring-gai Local Area Command [LAC] Community Safety Precinct Committee – Lindfield to Brooklyn	Mayor, or 1 delegate	Cr Kay
Ku-ring-gai Meals on Wheels Inc.	1 delegate 1 alternate	Vacant Vacant
Eryldene Trust	1 delegate	Cr Szatow
Hornsby/Ku-ring-gai Bushfire Management Committee	1 delegate 1 alternate	Cr Greenfield Cr Kay
Metropolitan Public Libraries Association	1 delegate	Cr Kelly
Rural Fire Service District Liaison Committee	1 delegate	Cr Greenfield
Northern Sydney Regional Organisation of Councils (NSROC)	Mayor 1 delegate 2 alternates	Mayor Anderson Cr Clarke Cr Greenfield Cr Kay
Ku-ring-gai Youth Development Service Inc. Management Committee	1 delegate 1 alternate	Cr Ngai Cr Kay
Hornsby/Ku-ring-gai PCYC Advisory Committee	1 delegate 1 alternate	Cr Clarke Cr Greenfield

B. The external committees and organisations be informed of Council’s extended representations for the 2020-2021 term.

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

Against the Resolution: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution.

minutes from the Mayor

172

Draft Housing Strategy for Ku-ring-gai

File: S12198

Vide: MM.1

This Mayoral Minute seeks to advise the Ku-ring-gai community of the facts regarding the draft housing strategy and to provide a recommendation based on new information that Council has received from the NSW Minister for Planning and Open Spaces, Dr Stokes.

Over the last two weeks I have received hundreds of emails and letters from our community in relation to the housing strategy.

It is heartening to hear how much our residents share my love of Ku-ring-gai’s heritage, its special character and the lifestyle that we all enjoy here and want to protect.

I would like to commence with a timeline of key dates and facts to provide important background to the draft housing strategy.

In 2015 the NSW State Government established the Greater Sydney Commission “by an Act of Parliament with specific roles and responsibilities for planning for Greater Sydney”, with “a direct reporting line to the NSW Government”. (GSC website).

In 2016 the Commission started working with Council, led by Dr. Deborah Dearing, the Greater Sydney Commission’s North District Commissioner.

In 2017 the Greater Sydney Commission released its North District Plan, incorporating Ku-ring-gai and eight other local government areas Hornsby, Hunter’s Hill, Lane Cove, Northern Beaches, Mosman, North Sydney, Ryde and Willoughby.

The Greater Sydney Regional Plan included a 20 year housing target of 92,000 new private dwellings across northern Sydney, to be built between 2016 and 2036.¹

The NSW Department of Planning’s projection – was that Ku-ring-gai needed to provide 10,660 new dwellings by 2036, or 11.5% of the North District Plan’s 20 year target. ²

All metropolitan councils were then required to prepare both a local strategic planning statement and a draft housing strategy to meet these targets, by working with the NSW Department of Planning and the Greater Sydney Commission.

The act requires Councils to prepare a Local Strategic Planning Statement. ³

On 19th November 2019, following public exhibition, Council endorsed its Local Strategic Planning Statement.

The NSW Environmental Planning and Assessment Act states that Councils “must not make a local strategic planning statement unless the Greater Sydney Commission has advised the council in writing that the Commission supports the statement.”

On 4th March 2020 Council received the Greater Sydney Commission’s written Letter of Support, which, without warning or prior agreement, stated for the period 2021-2026.

“Council is to show how they can meet an indicative draft range for a 6-10 year housing target of 3,000 to 3,600 dwellings as part of its Local Housing Strategy”. (Attachment 1 [page5])

On 17th March 2020 Council resolved that the draft Housing Strategy, incorporating the Greater Sydney Commission’s new target be placed on pubic exhibition for 42 days.

On 7th May 2020 Council received a submission to the exhibition from Jonathan O’Dea MP, Member for Davidson.

Mr. O’Dea’s submission stated: “With the exception of Gordon Town Centre, I believe high density housing zones should not permit developments over the maximum of 7/8 storeys” and he further stated: “I believe greater acknowledgement of Council’s positive performance against previous new dwelling targets should be properly recognised in setting future targets and plans. In that respect, (sic) intend to support Ku-ring-gai Council in resisting any State Government or Greater Sydney Commission pressure for Council to act beyond what the community might reasonably accept.”

On 8th May 2020 Council received a submission to the exhibition from Alister Henskens MP, Member for Ku-ring-gai.

Mr. Henskens’ submission stated: “the population projections upon which the Strategy is based have been rendered significantly erroneous by reason of a major intervening event, namely the COVID-19 epidemic which, with other matters means, that the policy recommends excessive new dwelling numbers” and he further stated that the Strategy: “does not explore as it should have the potential for increasing the population load of Roseville as well as Lindfield” and that: “The focus on the town centres of Gordon and Turramurra will do particular damage to the cultural heritage of this area”. With regard to targets, Mr. Henskens’ submission stated: “If the Council does not believe it has the ability to abandon the population targets entirely, I would suggest that it clearly heavily weights the Strategy into the future as follows:

2021-2026 250 dwellings

2026-2031 250 dwellings; and

2031-2036 balance of dwellings required after taking into account revised population projections and the use of existing underutilised zonings.

This will allow a proper assessment to be made of the true likely population increases having regards to recent events. I am not aware of any current legislative mechanism for the Greater Sydney Commission to force the Council to accept inappropriate increases in our number of dwellings and our local population.”

Based on the MPs’ concerns, Council promptly sought clarification on its obligations from the NSW Department of Planning, Industry and Environment and the Greater Sydney Commission.

On 9^th July 2020 Council received a letter from the Greater Sydney Commission by email stating: “As outlined in the Commission’s Letter of Support for Ku-ring-gai’s Local Strategic Planning Statement (LSPS), dated 4 March 2020, Council is to show how it can meet an indicative draft housing target range for the period 2021/22 – 2026/27 of 3,000 to 3,600 dwellings as part of its Local Housing Strategy” and “Projections are updated at regular intervals in response to a range of factors”. “These projections do not change the vision set out in Regional Plans or affect local plans and strategies such as the Local Strategic Planning Statements and Local Housing Strategies.” (Attachment 2)

On 22nd June 2020 Council received a letter from the NSW Department of Planning, Industry & Environment by email acknowledging Council’s letter as “seeking comment on the draft and clarification on housing targets and potential COVID-19 impacts” and responded stating: “Housing targets for the 2021-2026 period (also referred to (sic) the 6-10 year housing targets) have been established by the Greater Sydney Commission (GSC) for each of Sydney’s councils. The 6-10 year target range set for Ku-ring-gai local government area is from 3,000 to 3,600 dwellings as stipulated in the GSC’s letter of Assurance to Council dated 4 March 2020. In the interim, Councils are still required to develop their strategies in accordance with the Department’s guidelines – To confirm, there hasn’t been a change by the Government, Greater Sydney Commission (GSC) or Department to housing policy that is required to be considered before Council finalises its Local Housing Strategy.” (Attachment 3)

Disappointing as these official responses were, Mr. O’Dea and Mr. Henskens’ submissions had only provided anecdotal comments without supporting Government documentation.

On 27th July 2020 Councillors received an email from Mr. O’Dea stating: “While every Council area in Sydney has an obligation to provide for some future housing given growing population, the characteristics and appropriate loads of each are not uniform. Further, the ‘targets’ suggested by the Greater Sydney Commission are not actual NSW Government policy and there is strictly no current requirement to rezone for more dwellings, despite a need for each Council to formulate an appropriate Housing Strategy”.

Mr. O’Dea stated: “I will conclude by emphasising two points made in my earlier submission: 1. In Lindfield Town Centre, the high density zones should not permit developments over the 7/8 storeys already experienced. Heights of 10-15 storeys should not even be seriously contemplated for Lindfield (Gordon Town Centre is different). 2. I reiterate my intention to support Ku-ring-gai Council and/or others in resisting any pressure to act beyond what the community might reasonably expect in the circumstances, both in terms of dwelling numbers and maximum heights.”

On 28th July 2020 Councillors received an email from Mr. Henskens stating: “As stated in my submission dated 8 May 2020 and since confirmed with the relevant persons in the State Govt., the targets that this Strategy assumes are not binding on the Council or ‘required’ as the Report to Council states.“

Again, presented with only anecdotal but concerning contrary information, Council resolved at its meeting of 28th July 2020 to defer consideration of the draft housing strategy and for the Mayor to write to Premier Berejiklian seeking clarification of its obligations. (Attachment 4)

On 17th August 2020 I received a letter by email from the Premier‘s Office indicating she had passed our inquiry to NSW Planning Minister Rob Stokes.

On 8th September 2020, I received a letter by email from Minister Stokes which stated “Ultimately, Council is responsible for deciding the number of dwellings in its local housing supply target” and “that the target discussed with the Greater Sydney Commission is not a legal requirement upon Council by the Government.” (Attachment 5)

Finally, Council is in possession of official correspondence upon which it can rely, from the NSW Minister for Planning. I am delighted with the clarity it now provides to Council for its decision-making.

It vindicates our cautious approach in deferring the housing strategy in July and writing to the Premier.

The basis of the draft housing strategy for Ku-ring-gai has now been refuted by the NSW Minister for Planning. The only tragedy is that it took many years of apparently incorrect information from the NSW Department of Planning and the Greater Sydney Commission and many years of work by Council and the community, as well as ratepayer funds, expended on a Strategy that neither councillors nor our community ever wanted.

It is clear from the correspondence that I and my Councillor colleagues have been receiving in recent weeks that the overwhelming majority of our community does not want more development beyond that already existing in current zonings. The hundreds of emails we have received prove that the current pandemic conditions have not prevented residents communicating their views to Council.

I want to thank those residents who have written to the Council expressing their love of Ku-ring-gai and their wish to retain its cherished character. That sentiment is the reason I have served as a Councillor for the past 14 years and particularly as Chair of Council’s Heritage Committee for over a decade, along with the many dedicated community members on the Committee, in the sometimes challenging task of protecting what we value most here.

Ku-ring-gai Council Planning Officers have confirmed that the 250 new dwellings proposed by Mr. Henskens for 2021-2026 and also for 2026-2031 are able to be achieved within our existing planning controls.

MOTION:

(Moved: Councillor Anderson)

A. That Council’s Housing Strategy be amended to reflect provision of new dwellings to 2036 from capacity within current planning instruments.

B. That amendments to the Draft Housing Strategy documents be made in accordance with Attachment A7 of GB15, where they are not in conflict with A (above).

C. That Council adopt the Housing Strategy (as amended).

D. That the Housing Strategy (as amended) be submitted to the Department of Planning, Industry and Environment for approval.

E. That delegation be given to the General Manager and Director Strategy and Environment to correct any inconsistencies or errors in the Housing Strategy prior to submission to the Department of Planning, Industry and Environment.

F. That the Council write to the Greater Sydney Commission, the NSW Premier, the NSW Minister for Planning and local state MPs advising them of the Council decision.

G. That the Mayor contacts the Ku-ring-gai community advising them of the Council’s decision.

AMENDMENT:

(Moved: Councillors Ngai/ Spencer)

That Council:

A. Notes this Mayoral Minute was submitted to Councillors for consideration only 73 minutes before the start of the council meeting. The Councillors have not had much time to consider the proposed changes on such short notice, and it does not allow members of the public much time to scrutinize the validity of the claims or consider the implications of what has been proposed.

B. Notes such extensive changes to the Draft Housing Strategy as proposed by the mayor in the Mayoral Minute will lead to a Draft Housing Strategy document that is difficult to understand, for example the three scenarios provided for each of the primary town centres are displayed but no longer appear to be of much relevance. Without seeing the proposed changes to the document in the form of a revised or marked up document, it is difficult for Councillors to understand and approve the housing strategy as proposed by the mayor in its ‘final form’, and it is unfortunate that the public has had no opportunity to provide feedback on this housing strategy in its ‘final form’.

C. Rejects the Draft Housing Strategy in the form presented to the public due to:

i. Concerns about limited public awareness and consultation. While only 253 submissions were received during the public exhibition (coinciding with pandemic restrictions), Councillors have subsequently received over 1,000 emails in opposition to the Housing Strategy, indicating that public awareness of key details of the Housing Strategy during the public exhibition was low.

ii. Concerns about the appropriateness of assumptions used for the Draft Housing Strategy such as pre-pandemic housing and transport preferences, as well as pre-pandemic population projections (with more recent data suggesting that population increases are likely to be the lowest since the First World War).

iii. Community expectations for an appropriately lower local dwelling target accompanied with an appropriately lower rate for dwelling increases and community desire for proposed building heights no greater than what is currently provided in the LEP.

iv. Concerns from residents that only three scenarios were provided for each primary town centre, whilst other scenarios requested by the public were not made available for comment.

D. Staff should propose alternate approaches to the Draft Housing Strategy, addressing the concerns listed above, and present the revised scenarios to Council before the end of the year. Council will then consider whether the alternate approach is appropriate for public consultation.

E. In proposing an alternate approach to the Draft Housing Strategy, staff must also describe how they will:

i. Promote greater public awareness and consultation including but not limited to sending out an information pack to each Ku-ring-gai Household (either along with the rates notice, or as a separate addressed mail).

ii. Provide a broader range of scenarios and timing for each primary town centre, along with supporting commentary on the benefits and disadvantages of each scenario.

iii. Provide information and timing on how the draft Housing Strategy will then inform updates to the Local Environment Plan

Procedural Motion:

(Moved: Councillors Szatow/ Clarke)

That the Amendment be now put.

For the Procedural Motion: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Smith and Szatow.

Against the Procedural Motion: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Procedural Motion.

The Amendment was put and declared LOST.

For the Amendment: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

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

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Amendment.

Debate recommenced on the Motion.

The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillor Anderson)

A. That Council’s Housing Strategy be amended to reflect provision of new dwellings to 2036 from capacity within current planning instruments.

B. That amendments to the Draft Housing Strategy documents be made in accordance with Attachment A7 of GB15, where they are not in conflict with A (above).

C. That Council adopt the Housing Strategy (as amended).

D. That the Housing Strategy (as amended) be submitted to the Department of Planning, Industry and Environment for approval.

F. That the Council write to the Greater Sydney Commission, the NSW Premier, the NSW Minister for Planning and local state MPs advising them of the Council decision.

G. That the Mayor contacts the Ku-ring-gai community advising them of the Council’s decision.

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

Against the Resolution: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution.

GENERAL BUSINESS

173

ALGA Annual National Local Roads and Transport Congress

File: S03779/2

Vide: GB.5

To advise Council of an invitation to attend the 2020 National Local Roads and Transport Congress.

Resolved:

(Moved: Councillors Clarke/Pettett)

That all interested Councillors advise the General Manager of their interest in attending the 2020 National Local Roads and Transport Congress by Friday, 9 October 2020.

CARRIED UNANIMOUSLY

174

Draft General and Special Purpose Financial Statements for the year ended 30 June 2020

File: FY00259/13

Vide: GB.6

To present to Council the draft Financial Statements for the year ended 30 June 2020 for certification and referral to Council’s external auditor, the Audit Office of NSW and report on the budgetary position as at 30 June 2020.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That Council receive and certify the Draft Financial Statements for the year ended 30 June 2020, inclusive of the following changes provided in a Memorandum to Councillors from the Manager Finance dated 22 September 2020:

Note 18 (b) – Accumulated surplus, revaluation reserves, changes in accounting policies, changes

in accounting estimates and error – Correction of errors relating to a previous reporting period.

1. Added additional description for the three main categories of assets under “Nature of prior period error”:

· Crown Land

· Rural Fire Services (RFS) Assets

· Infrastructure Assets

2. Under the “Changes to the opening Statements of Financial Position at 1 July 2018” the following change was made:

• Replaced the line-by-line listing of individual asset classes with a grand total for Infrastructure, Property, Plant and Equipment.

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 2020 and to report to Council.

C. That the Draft Financial Statements ended 30 June 2020 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 20 October 2020 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 2020 as required by Section 419 of the Local Government Act 1993, and that Council’s external auditor be present to answer questions.

CARRIED UNANIMOUSLY

175

Investment Report as at 31 August 2020

File: FY00623/3

Vide: GB.7

To present Council’s investment portfolio performance for August 2020.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. The summary of investments and performance for August 2020 be received and noted.

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

CARRIED UNANIMOUSLY

176

Deed of Variation of restriction as to use SP35666 - requirement for a caretakers unit 132 Junction Road, Wahroonga

File: S02499/14

Vide: GB.8

To seek Council’s agreement of the release of a registered restriction as to use that has become redundant.

Resolved:

(Moved: Councillors Clarke/Smith)

That Council authorise the execution under Seal of the Deed of Variation as set out in Attachment A1 to this report.

CARRIED UNANIMOUSLY

177

RFT3-2020 Bushland Services Schedule of Rates Panel

File: RFT3-2020

Vide: GB.9

To consider the tenders received for RFT3-2020 Bushland Services Schedule of Rates Panel and to appoint a panel of preferred suppliers.

Resolved:

(Moved: Councillors Clarke/Greenfield)

A. That Council accept the tender submissions from nine (9) tenderers, as identified below:

· That Tenderers A to F be appointed to a panel of preferred suppliers for bushland restoration services.

· That Tenderers A to C be appointed to a panel of preferred suppliers for weed control services.

· That Tenderers A to C be appointed to a panel of preferred suppliers for bushland waste removal & disposal services.

· That Tenderers A to E be appointed to a panel of preferred suppliers for professional bushland services.

· That Tenderers A to C be appointed to a panel of preferred suppliers for bushland fencing services.

· That Tenderers A to C be appointed to a panel of preferred suppliers for bushfire mitigation & management services.

· That no Tenderers be appointed to a panel of preferred suppliers for walking track construction & maintenance services.

· That no Tenderers be appointed to a panel of preferred suppliers for fire trail construction & maintenance services.

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

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

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

CARRIED UNANIMOUSLY

178

RFT8-2020 Council Chambers Heritage Building Structural Repairs

File: RFT8-2020

Vide: GB.10

To consider the tenders received for Council Chambers Heritage Building structural repairs and to appoint the preferred tenderer.

Resolved:

(Moved: Councillors Clarke/Smith)

That:

A. Council accept the tender submission from Tenderer ‘A’ to carry out the Council Chambers Heritage Building structural repairs.

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

C. The Seal of Council be affixed to all necessary documents.

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

CARRIED UNANIMOUSLY

179

Ku-ring-gai Council’s Asset Condition Assessment Review

File: FY00594/5

Vide: GB.11

To provide Council with an update regarding the release of the detailed assessment of all asset classes to provide funding for new footpaths and the impacts on Council’s asset and financial position.

Resolved:

(Moved: Councillors Clarke/Pettett)

That Council receive and note this report.

CARRIED UNANIMOUSLY

180

Domestic Waste / IPART Discussion Paper

File: S02294

Vide: GB.12

To seek Council`s endorsement to the IPART review of Domestic Waste Management Charges

Resolved:

(Moved: Councillors Clarke/Kelly)

That the General Manager be delegated to lodge Council’s submission to IPART on their review of the Domestic Management Charges in accordance with the responses provided to the IPART questions contained in this Report.

CARRIED UNANIMOUSLY

181

Dog Off-Leash Proposal at Bryce Oval, St Ives

File: S07823

Vide: GB.13

To advise Council of the response to the community consultation of the dog off-leash proposal at Bryce Oval, St Ives and to recommend a permanent dog off-leash area.

Resolved:

(Moved: Councillors Clarke/Greenfield)

That:

A. Bryce Oval be adopted as a dog off-leash park as an alternative site should Barra Brui Sportsground proceed as a synthetic hockey field.

B. Council notify all residents and stakeholder groups that made a submission.

CARRIED UNANIMOUSLY

182

Draft Ku-ring-gai Housing Strategy to 2036 - Consideration of Submissions and Local Centre Delivery Plans

File: S12198

Vide: GB.15

For Council to consider the submissions received during the public exhibition of the draft Ku-ring-gai Housing Strategy to 2036.

For Council to adopt the Housing Strategy and Housing Delivery Plans for the provision of housing within the Local Centres of Turramurra, Gordon and Lindfield.

Resolved:

(Moved: Councillors Clarke/Szatow)

That Council receive and note this report.

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

Against the Resolution: Councillors Kay, Kelly, Ngai and Spencer.

183

Housing Strategy Implementation - Program and Funding

File: S12198

Vide: GB.16

The purpose of this report is to clarify the commitments that have been made to implement Council’s Local Strategic Planning Statement (LSPS) and put forward a programme to prepare a Phase 2 Planning Proposal in accordance with Council’s draft Housing Strategy for the delivery of an additional 3,000-3,600 new dwellings in the 5 year period between 2021and 2026.

Resolved:

(Moved: Councillors Clarke/Szatow)

That Council receive and note this report.

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

Against the Resolution: Councillors Kay, Kelly, Ngai and Spencer.

184

Amended Code of Meeting Practice

File: S02211

Vide: GB.4

To present Council with a draft Code of Meeting Practice, consistent with the updated direction from the Office of Local Government (OLG) regarding webcasting, for consideration and public exhibition.

MOTION:

(Moved: Councillors Kay/Szatow)

That:

A. Pursuant to section 361 of the Local Government Act 1993, Council place the draft Code of Meeting Practice in Attachment A1 on public exhibition for 28 days; and

B. A report be brought to Council summarising the public response and providing a final version of the draft Code of Meeting Practice, for adoption.

AMENDMENT:

(Moved: Councillors Ngai/ Kelly)

That:

A. Section 5.21 of the draft Code of Meeting Practice in Attachment A1 be amended to say:

“A recording of each meeting of the council and committee of the council is to be retained on the council’s website for a minimum of four years. Recordings of meetings may be disposed of in accordance with the State Records Act 1998.”;

B. Pursuant to section 361 of the Local Government Act 1993, Council place the amended draft Code of Meeting Practice on public exhibition for 28 days; and

C. A report be brought to Council summarising the public response and providing a final version of the draft Code of Meeting Practice, for adoption.

The Amendment was put and declared CARRIED unanimously.

The Amendment became the Motion. The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillors Ngai/ Kelly)

That:

A. Section 5.21 of the draft Code of Meeting Practice in Attachment A1 be amended to say:

B. Pursuant to section 361 of the Local Government Act 1993, Council place the amended draft Code of Meeting Practice on public exhibition for 28 days; and

C. A report be brought to Council summarising the public response and providing a final version of the draft Code of Meeting Practice, for adoption.

CARRIED UNANIMOUSLY

185

Dog Off-Leash Proposal at Toolang Sportsground, St Ives

File: S12810

Vide: GB.14

To advise Council of the response to the community consultation of the dog off-leash proposal at Toolang Sportsground, St Ives.

MOTION:

(Moved: Councillors Kelly/Spencer)

That:

C. Toolang Sportsgrounds remain a dog on-leash park only.

D. Council agree to further assess the possibility of a dog off-leash area at the Warrimoo Oval site to allow exclusive use.

E. Council notify all residents and stakeholder groups that made a submission.

AMENDMENT:

(Moved: Councillors Kay/Ngai)

That:

A. Toolang Sportsgrounds currently remain a dog on-leash park until after assessments have been received from both Warrimoo Oval and Transmission Park as an alternative dog-off leash areas and then further reviewed.

B. Council agree to further assess the possibilities of a dog off-leash area at the Warrimoo Oval site and Transmission Park.

C. Council notify all residents and stakeholder groups that made a submission.

The mover, with the support of the seconder, withdrew the Motion.

The Amendment became the Motion. The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillors Kay/Ngai)

That:

B. Council agree to further assess the possibilities of a dog off-leash area at the Warrimoo Oval site and Transmission Park.

C. Council notify all residents and stakeholder groups that made a submission.

CARRIED UNANIMOUSLY

186

St Ives Indoor Sports Centre - Heads of Agreement with the Department of Education

File: S12712-3

Vide: GB.17

To update Council on the draft Heads of Agreement (HoA) with the Department of Education for the proposed joint use indoor sports centre at St Ives High School.

MOTION:

(Moved: Councillors Clarke/Szatow)

That:

A. Council not endorse the draft Heads of Agreement (HoA) at this point in time.

B. Council progresses the design through to lodgement of a Development Application and that further negotiation to attain a more equitable standing for Council in the HoA is pursued closer to receipt of development consent.

AMENDMENT:

(Moved: Councillors Kay/ Spencer)

That:

A. Council note the risks, costs and benefits associated with the project and draft Heads of Agreement.

B. Council has the appetite to accept the residual risks outlined in this report and accordingly:

i. Council endorse the Heads of Agreement, authorise the General Manager to sign the agreement on behalf of the Council and seek the preparation of the ancillary legal agreements contemplated by the Heads of Agreement

ii. The budget for the project be increased by $2.2m from $17.4m to $19.6m

iii. Council loan borrowing for the project be increased from $11.3m to $13.5m

iv. Council takes all steps necessary to expeditiously obtain a development consent; and

v. Ensure the concept drawings for the 2 Council courts are FIBA compliant so that state and national basketball championships could be held using the combined Ku-ring-gai and Hornsby facilities with the attendant benefits to local business; and

vi. Council take all necessary steps to obtain finance to meet its obligations under the Heads of Agreement to fund the construction of the 2 courts conditional upon approval of the Development Application.

During discussion on GB.17, Council resolved itself into a Closed Meeting
with the Press and Public Excluded to deal with the confidential matters concerning the item after a Motion moved by Councillors Smith and Pettett
was CARRIED UNANIMOUSLY

After confidential discussion on GB.17 concluded, Council resolved to move itself out of the Closed Meeting after a Motion moved by Councillors Clarke and Pettett.
was CARRIED UNANIMOUSLY

Procedural Motion:

(Moved: Smith/ Clarke)

That the Amendment be now put.

For the Procedural Motion: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Smith and Szatow.

Against the Procedural Motion: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Procedural Motion.

The Amendment was put and declared LOST.

For the Amendment: Councillors Kay, Kelly, and Spencer.

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

Council resumed debate on the Motion.

The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillors Clarke/Szatow)

That:

A. Council not endorse the draft Heads of Agreement (HoA) at this point in time.

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

Against the Resolution: Councillors Kay, Kelly, Ngai, and Spencer.

Motions of which due Notice has been given

187

Code of Meeting Practice

File: S02211

Vide: NM.1

Notice of Motion from Councillor Kelly dated 3 September 2020

Background

s363 of the Local Government Act 1993 (NSW) allows amendment of an adopted Code of Meeting Practice. However, any amendment must still conform to the legislation.

Since the St Ives by election, more than 50% of debated business items in this council have been resolved by application of the casting vote. That is not a reflection of a majority of residents’ wishes and is not a demonstration of representative democracy. It is allowing one person’s personal wishes to dictate the direction of the entire local government area.

Legal precedent and meeting convention adopted universally by a wide range of organisations generally do not provide for one individual to have more than one vote, particularly when that person is voting for personal reasons.

To quote Joske’s Law and Procedure at Meetings in Australia, “The chair of a meeting has an original vote but, at common law, no casting vote. The constitution of the particular body may confer a casting vote on the chair, exercisable in the event of an equality of votes. The general practice is to exercise the casting vote against the proposal before the meeting, so as to give further opportunity for discussion, but absent a provision in the constitution, there is no general rule that this should be done.”

To quote Goode & Williams from Council Meetings in South Australia (1992), “The mayor of a council, or whoever is acting in his or her place, does not have a deliberative vote. Where the vote is tied, he or she has a casting vote. The statute does not say one way or the other whether that casting vote is optional. The virtue of it being optional is that the mayor may leave the vote tied – hence nothing is decided, and the matter may come on again without the formal difficulties of revocation. Whether the casting vote is in fact optional is at large. The statute may be read either way. It is sometimes said that the casting vote, because it is resolving a state of affairs in which opinion is equally divided, should be a vote against change or, as it is sometimes said, in favour of the status quo. The vote for change, it is said, has failed to gain a majority.”

Common sense in a representative democracy dictates that a casting vote should always be exercised in favour of preserving the status quo on the basis that the vote for any change has not been conclusively established. Under no circumstances should the casting vote be treated as a personal right of the voter to use as he or she thinks fit.

I therefore move:

That Council make representations to the State Government requesting that the use of casting votes by the chair of meetings at local government level be examined and a definitive code of practice be formulated and promulgated and that such code of practice reflect and be consistent with common law. Specifically, an amendment to s360 of the Local Government Act 1993 (NSW) should be referenced in any such representations.

MOTION:

(Moved: Councillors Kelly/Ngai)

That the above Notice of Motion as printed be adopted.

Procedural Motion:

(Moved: Councillors Smith/ Kelly)

That the Motion now be put.

For the Procedural Motion: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Kelly, Spencer, Smith and Szatow.

Against the Procedural Motion: Councillors Kay, Ngai, and Pettett.

The Motion was put and declared LOST.

For the Motion: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

Against the Motion: The Mayor, Councillor Anderson, Councillors Clarke, Greenfield, Smith and Szatow.

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Motion.

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

Laverty House: 207 Eastern Road Wahroonga – Proposed Interim Heritage Order

188

207 Eastern Road, Wahroonga

File: S10066

Vide: BWN1

Councillor M Smith put forward the following to Council:

It has been brought to my attention there is a property with heritage value potentially at risk at 207 Eastern Road, Wahroonga. A heritage assessment has been done.

Currently the property is not listed as a heritage item or located within a Heritage Conservation Area (HCA). The property is currently listed for sale as having a potential to subdivide develop or build your dream home. There was a preliminary heritage assessment. It is a circa 1952 single story modernist style residence designed by renowned modernist architect Sydney Anchor. The big risk is it this isn’t located in a HCA or a heritage listed property. We are asking for an Interim Heritage Order to be placed on the property to give Council time to review the heritage significance .

Resolved:

(Moved: Councillors Smith/Clarke)

That the matter be considered at this meeting due to the reasons outlined above.

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

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

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the MOTION

The Mayor ruled that the matter was of great urgency in accordance with Clause 9.3 of Council’s Code of Meeting Practice.

MOTION:

(Moved: Councillors Smith/ Szatow)

That:

A. Council resolve to place an Interim Heritage Order under section 25 of the NSW Heritage Act 1977 on Laverty House, 207 Eastern Road Wahroonga, Lot B, DP414327, to enable a full and proper evaluation of the heritage significance and prevent any harm to the site in the interim.

B. Once the Interim Heritage Order is in place, that a site inspection for Councillors be arranged as soon as practicable.

AMENDMENT:

(Moved: Councillors Ngai/Kelly)

That further consideration of the matter be deferred to an Extraordinary Meeting of Council next week and Council Staff provide Councillors with more information on the matter.

The Amendment was put and declared LOST

For the Amendment: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

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

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Amendment.

Debate resumed on the original Motion.

The Motion was put and declared CARRIED.

Resolved:

(Moved: Councillors Smith/ Szatow)

That:

B. Once the Interim Heritage Order is in place, that a site inspection for Councillors be arranged as soon as practicable.

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

Against the Resolution: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

The General Manager advised everyone present at the meeting that a Notice of Rescission Motion has been submitted by Councillors Spencer, Ngai, Kay, Kelly and Pettett for Item MM.1 – Draft Housing Strategy Ku-ring-gai.

Council resolved itself into Closed Meeting
with the Staff, Press and Public Excluded to deal with the following item
after a Motion moved by Councillors Clarke and Smith.
was CARRIED UNANIMOUSLY

Minutes from the Mayor – Confidential

189

General Manager Performance Review

File: CY00254/12

Vide: C.1

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

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

Report by Mayor dated 4 September 2020

Resolved:

(Moved: Anderson/Greenfield)

A. That the proposed Performance Agreement for 2020/21, be prepared by the Mayor, General Manager and Facilitator using input obtained during the review meeting and matters seen as requiring special focus over the coming 12 months.

B. That the Mayor and the General Manager sign the document “Record of Review July 2020”.

C. That Council opt not to award a discretionary increase.

D. That at the conclusion of the above task, Mr. McArthur be thanked for his work and that his contract be concluded and Council commence advertising to engage a facilitator to commence prior to the next 6 monthly review.

AMENDMENT:

(Moved: Ngai/Kelly)

A. That the proposed Performance Agreement for 2020/21, be prepared by the Mayor, Councillors, General Manager and Facilitator using input obtained during the review meeting and matters seen as requiring special focus over the coming 12 months.

B. That the Mayor and the General Manager sign the document “Record of Review July 2020”.

C. That Council opt not to award a discretionary increase.

The Amendment was put and declared LOST

For the Amendment: Councillors Kay, Kelly, Ngai, Pettett and Spencer.

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

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Amendment.

The Motion was put and declared CARRIED.

Resolved:

(Moved: Anderson/Greenfield)

B. That the Mayor and the General Manager sign the document “Record of Review July 2020”.

C. That Council opt not to award a discretionary increase.

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

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

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Resolution

The Mayor referred to the consideration of the matter in the Minute numbered 189, and to the resolution contained in such Minute.

The Meeting closed at 12:00am

The Minutes of the Ordinary Meeting of Council held on 22 September 2020 (Pages 1 - 30) were confirmed as a full and accurate record of proceedings on 20 October 2020.

__________________________ __________________________

General Manager Mayor / Chairperson

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P4.1: Our centres offer a broad range of shops and services and contain lively urban village spaces and places where people can live, work, shop, meet and spend leisure time.	P4.1.3: Secure a development partner for Lindfield Village Hub.	P4.1.3.1: Progress and award tender for the Lindfield Village Hub.

Ordinary Meeting of Council - 20 October 2020	GB.2 / 56

Item GB.2	FY00432/10

2020 Ku-ring-gai Community Grants Program

EXECUTIVE SUMMARY

purpose of report:	To advise Council of applications received for the 2020 Ku-ring-gai Community Grants Program, and to recommend funding allocations for individual community and cultural 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 $204,951 have been received from 71 different groups for this year’s round of funding.

comments:	A total of $124,127 is available for the 2020 Ku-ring-gai Community Grants Program. This amount comprises of the allocated amount of $103.127, and an additional $21,000 of unspent funds from the 2020 COVID-19 Community Grants. The grants assessment panel has recommended a total of $124,127 for distribution to community groups.

recommendation:	That Council approve the recommendations in this report for funding of $124,127 for community and cultural groups.

Purpose of Report

To advise Council of applications received for the 2020 Ku-ring-gai Community Grants Program, and to recommend funding allocations for individual community and cultural 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 $204,951 have been received from 71 different groups for this year’s round of funding.

Comments

A total of $124,127 is available for the 2020 Ku-ring-gai Community Grants Program. This amount comprises of the allocated amount of $103.127, and an additional $21,000 of unspent funds from the 2020 COVID-19 Community Grants. Applications for financial assistance (Attachments A1– A3) have been assessed according to the criteria outlined in the 2020 Ku-ring-gai Community Grants Program and General Information and Guidelines (Attachments A4 – A7).

Following assessment, a sum of $119,860 for community and cultural groups, plus $4,267 for the rates and garbage rebate for Eryldene (a standing resolution of Council), has been recommended, totalling $124,127.

Unfortunately not all the organisations that have applied have met the grants criteria, rendering them ineligible for assistance, and in some cases, organisations that have met the criteria have not been provided the full amount requested due to budget constraints.

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.

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 2020 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.

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 $124,127 available for the 2020 Ku-ring-gai Community Grants Program. This amount comprises the budgeted amount of $103,127 plus a proposed additional $21,000 of unspent funds from the 2020 COVID-19 Community Grants.

In April 2020, Council resolved to allocate $100,000 for distribution to community groups adversely impacted by the COVID-19 Pandemic. In that round of funding approximately, $79,000 was distributed to community groups and the balance of $21,000 was proposed to be incorporated into this 2020 Ku-ring-gai Community Grants Program.

The COVID-19 Pandemic has had a significant adverse impact on local community groups, and it continues to affect them financially, particularly in their ability to fundraise, along with reduced revenue from hiring of their facilities. Many of these services rely on volunteers, and income from the above activities which are used to support the programs provided to free of charge to the community.

It is proposed that from the total amount of $124,127, $119,860 will be distributed to community and cultural groups, and $4,267 will contribute to the rates and garbage rebate for Eryldene (a standing resolution of Council).

Social Considerations

The 2020 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

This year, due to COVID-19 restrictions Council did not conduct a Grant Submissions Workshop and Information Session. However, the funding guidelines, selection criteria and priority funding areas were available on Council’s web page .A direct electronic mail out was also made to over 200 community groups advising them of the of the upcoming 2020 Ku-ring-gai Community Grants Program.

Internal Consultation

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

Summary

Projects funded under the 2020 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:

A. $21,000 of unspent COVID-19 Community Grants be incorporated into the distribution funds for the 2020 Ku-ring-gai Community Grants Program.

B. The following community and cultural groups receive the recommended amounts from Council in 2020:

CATEGORY 1: SMALL EQUIPMENT

	Name of Organisation	Amount Sought	Amount Recommended
1	North St Ives Scout Troop	$2,000.00	$1,300.00
2	Cerebral Palsy Alliance - St Ives Respite	$2,000.00	$2,000.00
3	1st Gordon Scout Troop / The Scout Association of Australia NSW Branch	$2,000.00	$1,300.00
4	Ku-ring-gai Male Choir	$1,870.00	$1,300.00
5	Ku-ring-gai Community Workshop “The Shed”	$2,000.00	$2,000.00
6	West Pymble Bicentennial Bowling Club	$2,000.00	$1,300.00
7	Pals For Seniors Ku-ring-gai Inc	$ 648.00	$ 648.00
8	Ku-ring-gai Little Athletics Centre Inc	$2,000.00	$1,300.00
9	Stealers Baseball and Softball Club	$1,800.00	$1,300.00
10	Computer Pals for Seniors Turramurra (CPST)	$2,000.00	$1,900.00
11	Scouts Australia – Sydney North All Abilities Scout Group	$2,000.00	$2,000.00
12	Playgroup NSW Inc./on behalf Pymble Playgroup	$2,000.00	$1,300.00
13	Phoenix House Youth Services	$2,000.00	$1,300.00
14	2nd St Ives Scout Group	$2,000.00	$1,300.00
15	Sydney United Sports Club	$2,000.00	$1,300.00
16	1st Pymble Scout Group -The Scouts Association of Australia, NSW Branch	$2,000.00	Nil
17	Ku-ring-gai West Probus Club	$ 350.00	$ 350.00
18	St Lucy's School	$2,000.00	$1,500.00
19	1st Turramurra Scouts	$1,593.94	$1,300.00
20	Pymble Turramurra Pre-school Inc	$2,000.00	Nil
21	KU Fox Valley Preschool	$2,000.00	$1,300.00
22	The Eryldene Trust	$ 736.00	$ 736.00
23	St Ives Junior Cricket Club	$2,000.00	$1,300.00
24	Christ Church St Ives	$1,740.00	$1,300.00
25	East Lindfield Community Preschool	$2,000.00	$1,300.00
26	UCA - Roseville Congregation	$2,000.00	$1,300.00
27	St John Ambulance Australia (N.S.W)	$1,938.38	$1,939.00
28	Chabad House of the North Shore Limited	$5,000.00	$1,300.00
29	St John Ambulance (N.S.W)	$2,000.00	Nil
30	Wahroonga Public School P&C Association Inc	$2,000.00	$1,300.00
31	Warrawee Bowling Club	$2,000.00	$1,300.00
32	West Pymble Scout Group	$1,965.40	$1,300.00
33	Marian St Theatre for Young People	$1,800.00	$1,300.00
34	Ku-ring-Gai Netball Association	$ 500.00	$ 500.00
35	StreetWork Australia Limited	$2,000.00	$1,300.00
36	The Scout Association of Australia NSW Branch / 1st Lindfield Scouts	$ 935.00	$ 935.00
37	Probus Club of Barra Brui Inc	$1,399.00	$1,399.00
	Total	$68,275.72	$44,507.00

CATEGORY 2: COMMUNITY DEVELOPMENT

	Name of Organisation	Amount Sought	Amount Recommended
1	Cerebral Palsy Alliance	$4,181.02	$4,181.00
2	Australian International Sports Organisation Pty Ltd	$3,000.00	$2,500.00
3	The Uniting Church in Australia Property Trust (NSW) on behalf of UCA - Gordon – Pymble Uniting Church	$5,000.00	$3,000.00
4	Hornsby Ku-ring-gai Domestic Violence Network	$5,000.00	$3,000.00
5	Ku Ring Gai Little Athletics Centre inc	$5,000.00	$3,000.00
6	Phoenix House Youth Services	$5,000.00	$3,000.00
7	Nutrition Australia NSW	$4,705.00	Nil
8	Rotary Club of Wahroonga Incorporated	$4,500.00	$3,500.00
9	KLAP Australia	$1,190.00	$1,190.00
10	St Swithun's Anglican Church Pymble	$3,768.00	$3,000.00
11	Parkinson's NSW-Hornsby Ku-ring-gai Parkinson's Support Group	$1,000.00	$1,000.00
12	UCA - Roseville Congregation	$5,000.00	Nil
13	Ryde/Hunters Hill Child and Family Interagency	$5,000.00	Nil
14	Active Opportunities Incorporated	$2,700.00	$2,700.00
15	Hornsby Gang Show	$5,000.00	Nil
16	StreetWork Australia Limited	$5,000.00	Nil
17	1st North Turramurra Scouts group	$5,000.00	$1,500.00
18	Playgroup NSW Inc./on behalf Pymble Playgroup	$4,500.00	Nil
19	CASS Care Ltd	$4,300.00	$3,500.00
20	Ku-ring-gai Branch of MS Support Group	$5,000.00	$4,000.00
21	The Shepherd Centre	$2,957.50	$2,262.00
	Total	$86,801.52	$41,333.00

CATEGORY 3: ARTS & CULTURAL

	Name of Organisation	Amount Sought	Amount Recommended
1	Hornsby Ku-ring-gai Community College	$4,888.00	Nil
2	The Eryldene Trust	$1,164.74	$1,165.00
3	Chabad House of the North Shore Ltd	$5,000.00	$3,500.00
4	Ku-ring-gai Youth Orchestra	$1,355.00	$1,355.00
5	Marian St Theatre for Young People	$4,500.00	$3,500.00
6	StreetWork Australia Limited	$5,000.00	$3,500.00
7	Cass Care Ltd	$3,200.00	$3,000.00
8	Ha'Tzofim Australia	$5,000.00	$3,500.00
9	St Ives High School P&C Association	$2,500.00	$2,000.00
10	The Cathedral Singers Incorporated	$3,000.00	$2,000.00
11	Support Marian Street Theatre	$4,800.00	$3,500.00
12	Multicultural Integration Community Support	$5,000.00	$3,500.00
13	The Cavalcade of History and Fashion Inc.	$4,466.00	$3,500.00
	Total	$49,873.74	$34,020.00

Danny Houseas

Manager Community Development

Janice Bevan

Director Community

Attachments:	A1 ⇩	KCG 2020 - A1 Attachment - Small Equipment Individual Assessments	2020/293880
	A2 ⇩	KCG 2020 - A2 Attachment - Community Development Individual Assessments	2020/293883
	A3 ⇩	KCG 2020 - A3 Attachment Arts & Cultural Individual Assessments	2020/293884
	A4 ⇩	KCG 2020 - A4 General Information	2020/272861
	A5 ⇩	KCG 2020 - A5 Attachment Arts and Cultural Guidelines	2020/272864
	A6 ⇩	KCG 2020 - A6 Community Development Guidelines	2020/272872
	A7 ⇩	KCG 2020 - A7 Attachment Small Equipment Guidelines	2020/272865
	A8 ⇩	KCG 2020 - A8 Funding Agreement and Conditions of Funding	2020/288268
	A9 ⇩	KCG 2020 - A9 Ku-ring-gai Community Grants 2020 Program Acquittal form	2020/288271

Ordinary Meeting of Council - 20 October 2020	GB.6 / 222

Item GB.6	FY00623/3

Audited General and Special Purpose Financial Statements for the year ended 30 June 2020

EXECUTIVE SUMMARY

purpose of report:	To present to Council the Annual Financial Statements for the year ended 30 June 2020 and audit reports from the Audit Office of NSW and to provide a summary of Council’s financial performance and financial position at 30 June 2020.

background:	On 22 September 2020 Council resolved to receive and certify the Draft Financial Statements for the 2019/20 and to refer them to the external auditor. Council also resolved to fix 20 October 2020 as the date for the public meeting to present the statements and audit reports in accordance with Section 419(1) and 419(2) of the Local Government Act.

comments:	This is the final stage of the process of adopting Council’s Annual Financial Statements the year ended 30 June 2020. These Financial Statements have also been endorsed by the Audit, Risk & Improvement Committee (ARIC) on 10 September 2020.

recommendation:	That Council receive the audited Financial Statements for the year ended 30 June 2020 and the auditor’s report from the Audit Office of NSW.

Purpose of Report

Background

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

On 22 September 2020 Council resolved to receive and certify the Draft Financial Statements for 2019/20 and to refer them to the external auditor. The following certifications were made by the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer:

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

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

* The Australian Accounting Standards and professional pronouncements

* The Local Government Code of Accounting Practice and Financial Reporting

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

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

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

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

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

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

* The Local Government Code of Accounting Practice and Financial Reporting

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

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

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

These Financial Statements have also been endorsed by the Audit, Risk & Improvement Committee (ARIC) on 10 September 2020.

Comments

Council’s external auditor, the Audit Office of NSW audited the General Purpose Financial Statements and Special Purpose Financial Statements for the financial year ended 30 June 2020 and expressed an opinion on the financial statements based on their audit. The Auditor’s letter forms part of the Annual Financial Statements and includes the following opinion:

Auditor’s opinion

In my opinion,

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

· the financial statements:

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

- are consistent with the Council’s accounting records

- present fairly, in all material respects, the financial position of the Council as at 30 June 2020, and of its financial performance and its cash flows for the year then ended in accordance with Australian Accounting Standards

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

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

Subsequent to the meeting on 22 September 2020 and the receipt of the Auditor’s letter, the Annual Financial Statements were placed on public exhibition. Written submissions from the public were invited, but at the time of writing this report none were received. Submissions received up to 4.30pm on 20 October 2020 will be circulated to Councillors on the night of the meeting. Section 420 of the Act requires that all submissions in respect of the audited Financial Statements must be in writing and must be lodged with the Council within 7 days after this meeting. Copies of all submissions received must be referred to Council’s external auditor.

This is the final stage of the process of adopting the Financial Statements for 2019/20.

The audited financial statements, together with the audited reports for the year ended 30 June 2020 are hereby presented to Council. The Financial Statements are also presented under separate cover.

Financial Performance and Position of Council as at 30 June 2020

The comments in this section provide highlights of Council’s financial performance and position as at 30 June 2020.

A summary of the financial results from the Audited Financial Statements is presented in the table below:

RESULTS FOR THE YEAR

Operating Result

Council’s net operating result for the 2019/20 financial year is disclosed in the Income Statement. Council’s operating result is sound. For the financial year ended 30 June 2020 Council had an operating surplus excluding revenue from capital grants and contributions of $12.1m compared to $15.5m in the previous year (2018/19). This variance resulted mainly from loss of income from COVID-19 Pandemic and costs associated with two unforeseen natural disaster events during the financial year partly offset by a fair value adjustment/increment for Council’s investment property.

The operating result after capital grants and contributions was $27m, a decrease of $2.2m in comparison to the previous financial year $29.3m.

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 two financial years is provided in the chart below.

The Operating Surplus shown above contributes to the construction of new assets as well as the renewal of Council’s existing infrastructure assets with a replacement cost of $1,269m.

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 2019/20 financial year Council received $153m in income from Continuing Operations from the following sources:

Rates & Annual Charges

Rates and annual charges contributed $88.2m (57%) compared to $85.4m in 2018/19. 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 $19m compared to $21m in 2018/19, a decrease of 8%. This category of income mainly includes regulatory/statutory fees and community facilities hire. The decrease from the previous financial year was mainly due to less income realised from the aquatic centre, childcare and family day care, halls, art centre, parks/sportsgrounds and compliance levy. These were partly offset by higher golf course income. The loss of income is related to the impact of COVID- 19 Pandemic.

Interest and Investment Revenue

A total of $5m compared to $5.8m (2018/19) was received from interest revenue. The decrease in interest revenue is mainly due to four rate cuts in 2019/20. Total Cash and Investments at the end of the financial year totalled $198m. Council’s total return of 2.36% 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 2020 was $120k unfavourable.

Other Revenue

Income from “Other Revenue“in Note 3 totalled $4m compared to $13m in the previous year. This is due to the transfer of $6m of rental income to a new Note 15e Operating Leases in line with requirements of the new accounting standards and the OLG Code of Accounting Practice. This transfer is for disclosure purposes; therefore, there is no impact on the income statement result.

Other revenue, excluding rental income, comprises of income from parking fines, statutory fines and other type of income not included in fees and charges. Parking fines and other fines saw a decrease of $200k from the year before due to less activity as a result of Covid -19 Pandemic.

Other decreases from one year to another are due to a one off settlement of legal proceedings of $1.1m and recovered cost from doubtful debts of $740k, both incurred in 2018/19.

Operating Grants and Contributions

During 2019/20 a total of $8.9m compared to $8m in the year before was received in operating grants & contributions. This is an increase of 12% on the previous financial year largely due to additional funding received for various programs, some associated with COVID-19 Pandemic (ie. childcare and family day care funding) and transport/road safety grants received.

Two instalments of the financial assistance grant (FAG) for 2020/21 were also received in advance during the year.

Capital Grants and Contributions

Grants and Contributions provided for capital purposes increased by 8% on the previous financial year with $14.9m received in 2019/20 compared to $13.8m received in the year before. This was largely due to a capital contribution received from the Transport NSW towards construction costs of a multi-level car park as part of the Lindfield Village Green project. Other grants associated with Active Transport and roads rehabilitation programs were also received. These were offset by reduced development contributions.

Net gain from the Disposal of Assets

Council recorded a net gain from disposal of assets of $1m, mainly due to a “Held for Sale" parcel of land (Babbage road, Roseville) disposed off during the financial year.

Net gain from Fair Value adjustment on Investment Property

Council obtained an independent valuation of its investment property (828 Pacific Highway, Gordon) at the end of the reporting period. This resulted in an increase in the net gain from fair value adjustment of $3m compared to last year’s valuation, including assessment of the impact of Covid-19 Pandemic on the property valuation.

Rental Income

Rental income (investment property and commercial/community rental) of $6m is disclosed in Note 15e Operating Leases. Compared to last financial year total gross rental income decreased by $147k, mainly due to lower income from commercial and community rentals ($600k), offset by an increase in the investment property rental income of $457k from additional tenancy.

EXPENDITURE ITEMS

Total Operating Expenses for the financial year ended 30 June 2020 were $126m, compared to $120m in 2018/19, this is an increase of 5% on the previous financial year.

Employee Benefits and On-costs

Employee Costs were $41.7m compared to $39.6m in 2018/19, which is an increase of 5% on the previous financial year. The increase is mainly due to award and annual performance increases, an increase in workers compensation, and a number of vacancies being filled during the year.

Borrowing Costs

Borrowing Costs totalled $439k compared to $700k in 2018/19. The decrease is mainly due to lower interest rates.

Materials and Contracts

Materials and Contracts is the largest category of expenditure representing 40% of the total expenditure. A total of $50.6m compared to $45.7m in 2018/19 was spent on Materials and Contracts, an increase of 11% on the previous financial year. The principal component of this increase is within contractors and consultancy costs mainly due to $3.2m in clean up costs associated with two storms during the financial year (November and February), as well as DWM contractor costs and additional restoration costs.

Depreciation and Amortisation

Depreciation expense totalled $17.4m compared to $16.8m in 2018/19, a slight increase mainly in plant and equipment and buildings

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 $1m or 6% compared to previous financial year, mainly due to electricity & heating cost savings, street lighting cost savings and reduced rental rebates offset by an increase in the emergency services levy.

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 $5.1m which is in line with the target identified in Council’s LTFP. 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 2 financial years.

Cash FLOW

Cash and investments amounted to $198m at the end of the financial year as compared with $192m in 2018/19, a cash inflow of $6m.

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 $155.6m.

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 $37.8m.

Unrestricted Cash and Investments are funds available for day to day operations of Council and amounted to $5.1m.

PERFORMANCE MEASUREMENT INDICATORS

The Statement of Performance Measurement (Note 28 of the 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 2019/20. 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 year comparison is 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 4.59% is above the benchmark which means that Council can contain operating expenditure (excluding capital grants and contributions) within its operating revenue. The ratio has been above benchmark for the past five years. The decrease from previous year is mainly due to reduced income and higher operational expenditure, as a result of COVID-19 Pandemic revenue loss and additional expenditure associated with two storms during the year.

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 (83.83%) 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 3.42x 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 19.73x has increased from previous years and is above the benchmark of 2x, mainly due to decreased principal and interest repayments during the financial year compared to the previous 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 4.12% is satisfactory and is better than benchmark of less than 5%. A modest increase from previous year is noticed mainly due to additional uncollected rates as a result of the impact of Covid-19 Pandemic on some ratepayers.

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 (15.58 months) is satisfactory and above benchmark of greater than 3 months. This ratio has slightly decreased compared to last year as a result of reduced current cash and investments compared to last year.

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 86% 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 $3.4m was included, the Renewal ratio increases to 109%. 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 3.1% at the end of 2019/20, which is an increase from the previous year. The main reason for the increase was due to revised asset conditions in the kerb & gutter asset class and higher replacement costs.

The ratio indicates that Council still has an infrastructure backlog and 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 114%

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 7.75% as at end of 2019/20.

OTHER SIGNIFICANT accounting TREATMENTS, Adjustments and judgements

COVID – 19 Pandemic

The Coronavirus Pandemic (COVID 19) continues to impact both communities and businesses across the country and in the local government area. This Pandemic has had a financial impact for Council in the financial year ended 30 June 2020, forecasts of which were reported to Council in April and May 2020, and is expected to further impact the current financial year.

The 2019/20 March Quarterly Budget review to Council estimated the total net financial impact (loss of revenue less reduced cost associated with the Pandemic) for three months to end of financial year at $2.9m. As at the end of the current reporting period (30 June 2020) Council incurred an actual loss from COVID 19 of approximately $1.8m, mainly from:

· income from the use of halls, facilities, sporting ovals and events ($286k);

· commercial arrangements including Council’s aquatic centre, leases and licenses for community and commercial buildings ($498k);

· income from parking and other fines ($520k);

· income from development assessment fees and compliance ($160k);

· trade waste fees for suspension of service ($90k);

· outdoor dining ($24k);

· fire safety, food and health premises inspections ($12k);

· cost of COVID-19 Community Organisation Hardship and Assistance Grant Program ($70k);

· other costs incurred directly related to COVID-19 ($143k);

Council provided rental relief packages to commercial and community leasing portfolio based on evaluation of requests received. The financial impact of the rent relief packages has been accounted for and reflected in the financial statements under relevant income category. No material changes have been noted in asset values and collection of rates.

Infrastructure Assets Revaluation

During the 2019/20 financial year, Council reviewed and completed a comprehensive revaluation of Council’s Roads and Transport assets, which includes the following asset classes:

· Roads

· Footpaths

· Kerb and Gutter

· Street Furniture

· Car parks

· Bridges

The Infrastructure assets class is the largest and most complex asset class in Council’s assets register. The revaluation of the infrastructure assets has been completed by both external consultants and in-house expertise of various technical staff from the Operations department in close consultation with the Finance team. The revaluation follows a 5 year cycle and resulted in an increase to Council’s assets register ($99m), mainly due to increases in unit prices in the last 5 years and review of asset conditions.

New Accounting Standards

During the year ended 30 June 2020, Council adopted AASB 15 Revenue from Contracts with Customers, AASB1058 Income of Not-for-profit Entities and AASB 16 Leases.

All adjustments on adoption of AASB 15 and AASB 1058 have been taken to retained earnings at 1 July 2019.

Ø AASB 15 Revenue from Contracts with Customers & AASB 1058 Income of Not-for-profit Entities

· An amount of $137k is adjusted to equity as an opening balance adjustment for a specific unexpended grants spent this financial year.

· Contract liability of $8.2m recognised for financial year 2019/20 for performance obligation not yet met, including the contribution from Transport NSW for the Lindfield Village Green project.

Ø AASB 16 Leases

· No transitional journals were required as no leases were identified as at 30th June 2019.

· Right-of-use asset has been recognised for $1.7m (Crown Land lease) and a lease liability of $1.7m. These include Crown land lease and printing equipment.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

In accordance with Section 419(1) and 419(2) of the Act:

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

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

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

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

Risk Management

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

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

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

· the Financial Statements:

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

o are consistent with the Council’s accounting records;

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

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

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

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

Financial Considerations

Council achieved a sound financial result for 2019/20. Council’s net operating result for the financial year ended 30 June 2020 is a surplus of $27m including Grants and Contributions for capital purposes. After adjusting for Capital Grants and Contributions, the net operating result was $12.1m and when considered with other financial indicators and impacts from Covid -19 Pandemic, it demonstrates that Council is in a good financial position.

The available working capital at the end of the financial year was $5.1m, which is in line with the target identified in Council’s annual budget.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Council’s Financial Statements were on public exhibition from 24 September 2020 seeking comments from the community on the Statements and the Auditor’s Reports. Section 420 of the Act requires that all submissions in respect of the audited Financial Reports must be in writing and must be lodged with the Council within 7 days after this meeting. Copies of all submissions received must be referred to Council’s Auditor.

Internal Consultation

All departments have been consulted on the end of year financial results for 2019/20.

The draft Financial Statements for the year ended 30 June 2020 have been referred to the Audit, Risk & Improvement Committee on 10 September 2020 and endorsed.

Summary

The Annual Financial Statements for the year ended 30 June 2020 and audit reports from Council’s external auditor, the Audit Office of NSW are presented to Council. Written submissions from the public have been invited, and may be made up to 27 October 2020. Copies of all submissions must be referred to Council’s auditor. This is the final stage of the process of adopting Council’s Annual Financial Statements for 2019/20.

Recommendation:

That Council receive the audited Financial Statements for the year ended 30 June 2020 and the auditor’s report from the Audit Office of NSW.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:

Financial Statements 2019-2020

Excluded

2020/289738

Ordinary Meeting of Council - 20 October 2020	GB.11 / 310

Item GB.11	S11660

Proposed Heritage Listing of 6 Springdale Road, Killara

EXECUTIVE SUMMARY

purpose of report:	To present the Planning Proposal for the heritage listing of 6 Springdale Road, Killara following recommendation of the Ku-ring-gai Local Planning Panel (‘KLPP’).

background:	A Preliminary Heritage Assessment was considered by Council on 10 December 2019 and it resolved to request a Ministerial Interim Heritage Order (‘IHO’) for the site. An IHO was gazetted on 31 January 2020. Heritage Assessment reports were completed by Patrick Wilson of Touring the Past and Weir Philips Heritage and Planning (commissioned by the property owner) and Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd (commissioned by Council). An initial report was considered at 30 June 2020 OMC recommending the proposed listing of the property as a local heritage item. The matter was deferred to the 28 July OMC, following a Councillor site inspection, which was undertaken on 17 July 2020. At the 28 July OMC, Council resolved to refer this matter to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice. On 21 September, the KLPP unanimously resolved to support the Planning Proposal to list 6 Springdale Road, Killara as a local heritage item.

comments:	A heritage assessment commissioned by Council has concluded that 6 Springdale Road, Killara meets the threshold for local heritage listing for its historic, associative, aesthetic, social, representative and rarity values. In particular, the house is significant for its association with renowned Australian architect Ken Woolley, as a rare and representative example of the hallmarks of a regional form of modernist architecture.

recommendation:	That the Planning Proposal for the listing of 6 Springdale Road, Killara proceed to Gateway Determination.

Purpose of Report

To present the Planning Proposal for the heritage listing of 6 Springdale Road, Killara following recommendation of the Ku-ring-gai Local Planning Panel (‘KLPP’).

Background

The subject Planning Proposal (Attachment A1) seeks the listing of the property identified as 6 Springdale Road, Killara, identified as Lot 1 DP 505522, on Schedule 5 of the Ku-ring-gai Local Environmental Plan 2015 (‘KLEP 2015’). The property at 6 Springdale Road, Killara is currently located within the Springdale Conservation Area (C21) (‘HCA’) under KLEP 2015. The property adjoins two heritage items (I366 and I368) and is located directly opposite heritage item (I365).

A Council commissioned heritage assessment concluded that 6 Springdale Road, Killara meets the threshold for local heritage listing for its historic, associative, aesthetic, social, representative and rarity values. The dwelling’s significance is identified as being underpinned by its architectural merit, which is evident through the internal arrangement of rooms, spatial quality and the integrity and intactness of the whole building composition. Its individual listing will ensure that this significance is recognised into the future and that its vulnerability to intrusive changes or potential demolition diminishes.

In mid-November 2019, the subject property was first brought to Council’s attention as it was advertised for sale as an original Ken Woolley designed residence, offered for the first time since its 1976 construction. Staff viewed and conducted preliminary research of 6 Springdale Road, Killara during November and December 2019.

On 4 December 2019, the new owners lodged a Minor Heritage Works application to undertake to paint the existing face brick and construct a new front fence.

A preliminary heritage assessment was undertaken by Council staff and completed on 10 December 2019 (see Attachment A2). On 10December 2019, Council resolved:

“That a letter be sent to the Special Minister of State and Minister for the Public Service and Employee Relations, Aboriginal Affairs and the Arts requesting a State Interim Heritage Order be placed over 6 Springdale Road, Killara.” (Attachment A5).

On 11 December 2019 Council requested the Special Minister of State, and Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, to make an Interim Heritage Order (‘IHO’) over 6 Springdale Road, Killara.

Council did not have authority under s.25 of the NSW Heritage Act 1977 (Heritage Act) delegation to make an interim heritage order on the property. Schedule 2 of the Ministerial Order published in the NSW Government Gazette on 12 July 2013 states: “Council must not make an IHO where…the item is within a heritage conservation area identified in an environmental planning instrument.”

On 31 January 2020 an IHO was gazetted in relation to 6 Springdale Road, Killara, providing a 12-month period where the proposed heritage item cannot be ‘harmed’ (modified without Minor Works or Development Consent) (see Attachment A3). This period enables a more detailed heritage assessment to be undertaken and it is now indicated on the Heritage NSW website to expire on 31 January 2021.

In relation to an IHO, Heritage NSW sets out the following post-gazettal processes:

During the first half of the IHO period the heritage assessment will establish the level of heritage significance of the item.

For the second 6 months of the IHO period, if the item is found to be of State or local significance, the statutory process for listing on State Heritage Register or Local Environment Plan begins.

After 12 months, the IHO expires and the listings process continues.””

Refer to Attachment A9 for the full and current process flowchart for an Interim Heritage Order.

At the 28 July OMC, Council resolved to refer to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice in relation to proceeding with a Planning Proposal for the local heritage listing of 6 Springdale Road, Killara (see Attachment A6). This resolution was subject to a rescission motion which was considered by Council at the 25 August OMC. The rescission motion was lost, so the matter was reported to the KLPP meeting on 21 September 2020 for its advice. The KLPP unanimously resolved to support the Planning Proposal to include 6 Springdale Road, Killara as a local heritage item under Schedule 5 of the Ku-ring-gai Local (see Attachment A7).

Comments

Following the gazettal of the IHO, the property owners commissioned a heritage assessment (‘Heritage Statement of Facts and Submissions’) by Patrick Wilson (heritage consultant) of Touring the Past (See Attachment A10). It was received by Council on 2March 2020. On 19March 2020, Council staff were able to inspect the property, accompanied by heritage consultant and registered architect Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd, accompanied by the owner’s consultant and legal representative.

The owner’s heritage consultant attests that 6 Springdale Road, Killara does not meet the requirements for local listing as set out by the NSW Heritage Council. Their report disputes the heritage significance of the dwelling on the grounds of a lack of involvement from Ken Woolley during the dwelling’s procurement from concept design to construction. The owner’s consultant makes reference to correspondence and liaison with the former owner of the house (Mrs Eastment) to justify this assertion. Subsequent changes to the building fabric are also drawn on to outline the lack of significance of the dwelling.

Commissioned by Council, an independent heritage assessment of 6 Springdale Road, Killara [Lot 1, DP505522] was completed by Dr Scott Robertson of Robertson and Hindmarsh Pty Ltd (See Attachment A4). The final assessment was received by Council on 14 April 2020 and concludes that the property at 6 Springdale Road, Killara warrants local heritage listing under Schedule 5 of the KLEP 2015 in accordance with the NSW Heritage Council’s assessment criteria for heritage listing. The assessment found that the property meets the threshold for local listing for its historic, associative, aesthetic, social, representative and rarity values. In particular, the house demonstrates significance through its association with notable architect Ken Woolley and through its demonstration of a high degree of technical achievement. Importance is placed on the dwelling’s relative intactness and on it being one of the few single residences that the firm agreed to take on during a time where commissions were much larger.

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

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

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

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

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

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

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

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

The property at 6 Springdale Road, Killara fulfils several criteria for heritage significance. In particular, it has aesthetic, historic and technical significance to Ku-ring-gai. A summation of the findings of Dr Scott Robertson’s Heritage Assessment Report follows.

Heritage Significance of 6 Springdale Road, Killara

Eastment House is a high-quality, rare and representative example of a regional form of modern architecture, designed by renowned architect Ken Woolley. Construction of Eastment House at 6 Springdale Road, Killara began in 1971 and was completed in 1976 for owners Barry and Margaret Eastment. The Eastment’s were master builders, with their company F.T. Eastment & Sons known as a quality provider of master building services in the Ku-ring-gai and broader Sydney areas.

Eastment House was one of a small number that Ancher, Mortlock, Murray and Woolley designed for master builders (the other being the Pettit House) thus indicating the high regard builders held for the firm. Eastment House is also one of the very few individually-designed residential projects Woolley undertook in the Ku-ring-gai area, and one of the very few residential commissions he undertook in this phase of his firm’s work.

The comprehensive Statement of Significance prepared by Robertson Hindmarsh for 6 Springdale Road, Killara, expounds this importance. It reads:

The Eastment House is of local historical significance in demonstrating the post-World War 2 process of subdividing the grounds of the larger suburban houses erected from the 1890s until World War 2 creating closer settlement and reflecting the historical pressures of economic downturns on owners of larger allotments.

The house is of local associative significance because of its strong association with renowned architect, Ken Woolley and his firm, Ancher, Mortlock, Murray & Woolley. The construction of a new residence within an existing suburban area demonstrates a desire by the Eastment family to continue to live in Killara, where the family had been since the 1930s.

This Eastment House is of local aesthetic significance as its design exhibits the hallmarks of the regional form of modernism (termed by some as the Sydney School) including its use of unpainted external brickwork, vertical timber boarding, high lighting through clerestory windows, and complex, broken roof forms as well as the use of split levels within the house to create a flow of both visual space and of cooling Summer breezes. The surviving architectural drawings and the completed Eastment House demonstrate the palette of materials and construction methods employed by the architectural firm of Ancher, Mortlock, Murray and Woolley that are recognised as forming a distinct regional variation of modern architecture.

The Eastment House contains a large, highly sculptural fireplace form comprising two brick and concrete fireplaces that rises up through the house from the lower Sunroom level, through the Living Room level and up past the Study to emerge through the roof as twin chimneys with opposing skillion concrete chimney cappings.

The Eastment House is one of a series of houses within the Ku-ring-gai municipality that demonstrate the regional variant of modern architecture known as the “Sydney School” of which the architect Ken Woolley was a leading proponent in NSW. Architectural historians have acknowledged that Woolley’s greatest contribution as an architect was in the field of housing, raising the standard of suburban dwellings. The Eastment house demonstrates Woolley’s key hallmarks that developed during the mid to late 1960s out of his award-winning design for his own house at Mosman.

Ken Woolley is one of two architects to receive multiple awards for residential designs during the 1960s and 1970s, and houses designed by Woolley have developed a strong following, demonstrated by publications, tours and the acquisition of his drawings by the State Library of NSW.

The Eastment house is a rare example of a substantial residence designed for master builders by the architectural practice of Ancher, Mortlock, Murray and Woolley in a period of the firm’s work that primarily was occupied by large-scale commercial and institutional buildings as well as multi-residential and project homes, indicating the importance the firm placed on the project as one of the few single residential buildings the firm agreed to undertake for an existing / known client.

The Eastment House demonstrates the key characteristics of the domestic work of the firm of Ancher, Mortlock, Murray and Woolley in the late 1960s and early 1970s and demonstrates the firm’s use of similar details in houses at the upper end of the real estate market as were then modified and used in the firm’s work for the project home market.

On 21May 2020, the matter of 6 Springdale Road, Killara was referred to Council’s Heritage Reference Committee. The committee is comprised of representatives from the community, the local historical society, the Australian Institute of Architects and other qualified and experienced heritage professionals. The property owner, their heritage consultant, and legal representative made representations on the matter. All reports produced were provided to committee members. The Heritage Reference Committee moved unanimously to support the local heritage listing of this property.

An additional submission on behalf of the owners was also made to the Heritage Reference Committee members (See Attachment A11). Dr Scott Robertson, on behalf of Council responded (See Attachment A12).

The above information was considered before the 30 June Council meeting and the Councillors resolved to defer their decision pending a site inspection, which was subsequently undertaken on Friday 17 July 2020.

Another submission from the owners was also received by Council from Weir Philips Heritage and Planning immediately following the 30 June Council meeting (see Attachment A13). The submission raises issues with the extent of the comparative analysis, Ken Woolley’s involvement in the overall design of the dwelling and asserts that the current owners should have input into the heritage listing. More specifically, the submission raises concerns in relation to the required retention of the face brick and parameters around the construction of a front fence. However, proposals in relation to both of these elements would be relevant irrespective of the proposed local listing as they are covered within the assessment parameters for a Heritage Conservation Area. The submission also mentions additional information that has been provided by the former owner, which was not made available at the time of the preparation of the Robertson and Hindmarsh Report.

The planning proposal to include 6 Springdale Road, Killara on Schedule 5 of KLEP 2015 has been included as Attachment A1. A draft Heritage Inventory (‘SHI’) form for 6 Springdale Road, Killara is included as Attachment A8 in support of the Planning Proposal.

Council recognises that upgrades to the dwelling may be required to suit the changing needs of the occupants. The listing of 6 Springdale Road as a local heritage item does not preclude future alterations from being undertaken. Similar to the management of a dwelling within a conservation area, a qualified heritage professional can provide advice on changes that may be suitable both internally and externally and this has also been outlined in the report prepared by Council’s heritage consultant. The owners may also liaise with Council officers to discuss sympathetic changes that may be possible.

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Ku-ring-gai’s heritage is protected, promoted and responsibly managed.

Strategies, plans and processes are in place to effectively protect and preserve Ku-ring-gai’s heritage assets.

Implement, monitor and review Ku-ring-gai’s heritage planning controls including the development of a heritage strategy.

Governance Matters

This report addresses the first stage in obtaining a Gateway Determination for a Planning Proposal which seeks to list an item of local heritage significance under an amendment to Schedule 5 of the KLEP 2015. If the Planning Proposal is supported by the Department of Planning, Industry and Environment (DPIE), the Planning Proposal will be placed on exhibition seeking further State agency and stakeholder feedback prior to being reported back to Council to decide if the property should be formally listed.

The process for the preparation and implementation of planning proposals is governed by the provisions of the Environmental Planning and Assessment Act, 1979. Council will seek the plan-making delegation under Section 3.36(2) of the EP&A Act to finalise the Planning Proposal.

Risk Management

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

Financial Considerations

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

Social Considerations

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

Environmental Considerations

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

Community Consultation

As part of making the Interim Heritage Order for the site, the IHO was published in the NSW Government Gazette on 31 January 2020. Council advised the property owner on 31 January that the order had been approved and published in the NSW Government Gazette.

The purpose of the IHO was to enable a full assessment of the property’s heritage significance to be conducted. Council representatives and Dr Scott Robertson visited the property and met with the representatives of the property owner on 19 March 2020. The property owner and their representatives were also given an opportunity to speak at the Heritage Reference Committee on the 21 May 2020 and to read all of the assessment reports that have been completed in relation to the property.

The affected property owner was notified of this report going before Council and will be further notified and have the opportunity to provide feedback if Council supports its listing in a planning proposal during the formal exhibition period.

Should the Planning Proposal receive a favourable Gateway Determination, it will be exhibited in accordance with the Department’s Gateway Determination requirements and with explanatory heritage information. This will involve appropriate notification and receipt of submissions on the draft Planning Proposal from the relevant State agencies and the general community, and a further report back to Council regarding this matter.

Internal Consultation

Consultation with relevant departments of Council has taken place in preparing this report, in particular, Development and Regulation. In addition, Council’s Heritage Reference Committee has reviewed the proposed heritage item and moved a unanimous decision to support the listing. The KLPP has also reviewed the Planning Proposal and moved a unanimous decision in support of this.

Summary

An assessment of heritage significance supports the finding that 6 Springdale Road, Killara is worthy of inclusion on Schedule 5 of the KLEP2015. The heritage assessment concluded that 6 Springdale Road, Killara meets the threshold for local heritage listing for its historic, associative, aesthetic, social, representative and rarity values. In particular, the house is significant for its association with renowned Australian architect Ken Woolley, as a rare and representative example of the hallmarks of a regional form of modernist architecture.

At the 28 July 2020 OMC, Council resolved to refer this matter to the Ku-ring-gai Local Planning Panel (‘KLPP’) for advice. This resolution was subject to a rescission motion which was considered by Council at the 25 August OMC. The rescission motion was lost, so the matter was reported to the KLPP meeting on 21 September 2020 for its advice. The KLPP unanimously resolved to support the Planning Proposal to include 6 Springdale Road, Killara as a local heritage item under Schedule 5 of the Ku-ring-gai Local Plan 2015.

Recommendation:

That:

A. Council adopts the planning proposal to amend KLEP 2015 to include 6 Springdale Road, Killara (Lot 1, DP505522) dwelling house and the interior as a potential heritage item in Schedule 5 and on the Heritage Map.

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

C. Council requests the plan making delegation under Section 3.36(2) of the EP&A Act for this Planning Proposal.

D. Upon receipt of a Gateway Determination, the exhibition and consultation process is carried out in accordance with the Gateway Determination and requirements of the Environmental Planning and Assessment Act, 1979.

Olivia Turner

Heritage Planner

Vanessa Holtham

Heritage Planner Specialist

Craige Wyse

Team Leader Urban Planning

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1⇩	Attachment A1 - Draft Planning Proposal to heritage list 6 Springdale Road, Killara	2020/286652
	A2⇩	Attachment A2 - Planning Proposal APPENDIX A - Confidential - Preliminary Heritage Assessment - Staff - 6 Springdale Road - December 2019	2020/258318
	A3⇩	Attachment A3 - Planning Proposal APPENDIX B - Letter from Minister Don Harwin and copy of gazette	2020/259267
	A4⇩	Attachment A4 - Planning Proposal APPENDIX C - Heritage Assessment Report - 6 Springdale Road, KIllara - Robertson and Hindmarsh Pty Ltd - April 2020	2020/255093
	A5⇩	Attachment A5 - Planning Proposal APPENDIX D - Resolution - OMC 10 December 2019	2020/259312
	A6⇩	Attachment A6 - Planning Proposal APPENDIX E - Report and resolution - OMC 28 July 2020	2020/259342
	A7⇩	Attachment A7 - Planning Proposal APPENDIX F - KLPP decision - 6 Springdale Road, Killara	2020/283892
	A8⇩	Attachment A8 - Planning Proposal APPENDIX G - Draft Heritage Inventory Sheet (SHI form) for 6 Springdale Road, Killara	2020/284309
	A9⇩	Attachment A9 - Heritage NSW Interim-heritage-orders-process-flowchart	2020/229568
	A10 ⇩	Attachment A10 - Report by Touring the Past for 6 Springdale Road property owners - Heritage Statement of Facts and Submissions for 6 Springdale Road, Killara (2 March 2020)	2020/160080
	A11 ⇩	Attachment A11 - Letter from Mills Oakley to Heritage Reference Committee regarding the Robertson Hindmarsh Pty Ltd Heritage Report and 19 May 2020 letter from Mrs Eastment (21 May 2020).	2020/160088
	A12 ⇩	Attachment A12 - Response by Robertson & Hindmarsh Pty Ltd to Letter by Mills Oakley to the Heritage Reference Committee - 6 Springdale Road, Killara (4 June 2020).	2020/160643
	A13 ⇩	Attachment A13 - Weir Phillips Heritage - 6 Springdale Road, Killara Report (24 June 2020).	2020/199441

Ordinary Meeting of Council - 20 October 2020	GB.12 / 490

Item GB.12	S07491

Proposed Synthetic Field at Norman Griffiths Sportsground, West Pymble

EXECUTIVE SUMMARY

purpose of report:	To advise Council of the response to the community consultation for the proposed synthetic field at Norman Griffiths Sportsground, West Pymble and provide advice as to an alternate funding source to fund the project shortfall to allow the project to proceed to design and construction.

background:	At the Ordinary Meeting of Council of 30 June 2020, Council received and noted the Norman Griffiths Sportsground - Flood Risk Investigation Report 2020 prepared by BMT. Council resolved to undertake community consultation for the proposed synthetic field at Norman Griffiths Sportsground.

comments:	Council has undertaken community consultation between Tuesday, 25 August 2020 and Monday, 21 September 2020 inclusive and received a total of nine (9) submissions (6 for the synthetic field and 3 against the proposal). Council also received 706 responses from the online survey with 662 responses or 93.77% strongly supportive of the proposal. Reallocation of funds from the 2010 Contributions plan reserves provides a mechanism for this project to be brought forward and fully funded.

recommendation:	Council proceeds to design and construction of a synthetic surface at Norman Griffiths Sportsground this financial year.

Purpose of Report

Background

At its meeting of 30 June 2020 Council considered a report entitled “Norman Griffiths Oval – Additional Flood Investigation”. On consideration of the report, Council resolved:

A. Council receive and note the Norman Griffiths Oval - Flood Risk Investigation Report 2020 prepared by BMT.

B. Information regarding mitigation of the existing risks identified in the report be forwarded to the Operations Department for action.

C. Council carrie (sic) out public consultation on the proposal to convert Norman Griffiths Oval to a synthetic surface based on an underground detention option.

D. A further report be presented to Council following public consultation including advice as to opportunities to fund the project shortfall of approximately $1.25 million utilising the Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020.

This report deals with parts C and D of the resolution above.

Comments

Public Notification

Council has undertaken community consultation between Tuesday, 25 August 2020 and Monday, 21 September 2020 (28 days inclusive).

The consultation process was promoted via a letter and information sheet to 813 residents (500m radius from Norman Griffiths Sportsground), an onsite information board, Council’s online engagement platform (hosted my OurSay.org), Council’s website, Council E-news, a corporate advertisement in the Sydney Observer (September issue) and notification to all key stakeholders including sporting groups, schools and environmental groups such as NSW National Parks and Wildlife Service, local Bushcare groups and Council’s Flood Risk Management Committee.

Public Participation

Written Submissions

Council received a total of nine (9) written submissions.

Online Survey

706 people completed the online survey.

Online Engagement Platform

Five (5) people asked a question about the proposal via the online discussion forum.

Results from the Public Participation

Written Submissions

Of the nine (9) submissions received, six (6) were in support for the synthetic field and three (3) were against the proposal. Of the six submissions in favour of the synthetic field, three (3) responses were from the local cricket club, regional cricket association and Cricket NSW advocating for a synthetic pitch to be included in the proposal. National Parks and Wildlife Service (NPWS) were also in support, however, they have noted some environmental considerations to be incorporated into design and ongoing operations of the site. As a stakeholder, NPWS have also requested for further consultation throughout the development of the project.

The three (3) submissions that were against the proposal had environmental concerns for the surrounding vegetation. Similar to the response from NPWS, if the proposal does proceed, mitigation options to maximise protection should be incorporated in the design to ensure these species are not impacted by the change to a synthetic field.

Online Survey

The proposal is overwhelmingly supported by those who participated in the consultation process via the online survey. Of the 706 survey participants, 677 (96%) either supported or strongly supported the proposal to convert Norman Griffiths Sportsground to a synthetic field. Of these, 662 (94%) strongly supported the proposal.

When looking at the views of local people (who live within 500 metre of the facility) 241 (96%) supported or strongly support the proposal. Of these 237 (94%) strongly support the proposal.

Common reasons to support the proposal include:

· Improve the ground that is often in very poor condition and needs remediation;

· the new ground will encourage and benefit local sport participants;

· reduction in injuries to players;

· reduce cancellation of games;

· positively impacts drainage issues in the area; and

· it will greatly benefit the local community.

A small proportion of survey participants indicated opposition to the proposal. 21 participants (3%) did not support the proposal. When looking at local survey participants, similarly 3% indicated opposition to the proposal.

Reason for opposition include the:

· environmental impacts;

· impacts on players (heat and injuries);

· flooding issues at site; and

· impact on casual users of site.

Alternative Funding Sources – Contributions Information Direction and Pooling of Contributions Direction

On 21 May 2020, Council was notified by the Department of Planning Environment and Industry (DPIE) of the issuance by the Minister for Planning and Public Spaces of the Environmental Planning and Assessment (Local Infrastructure Contributions – Information) Direction 2020 (the information direction).

The information direction, under section 9.1 of the Act, is part of the Government’s response to the Covid-19 pandemic to ensure that the planning system is doing all that it can to keep the economy moving. The purpose of the information order, with which Council has thus far complied, is to help identify capital works that might be brought forward to not only assist with economic recovery, but to also drawdown on unspent contributions balances held by some councils.

The synthetic conversion of Norman Griffiths Sportsground, given the extent of detailed analysis to this point, and given that assessment is by way of Part V rather than a development application and approval through Part IV, is a project that could be expedited. The project has been discussed with the Department’s Infrastructure Funding Policy Unit on this basis.

At the same time, Council was also given notice of the issuance by the Minister of the Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020, (the pooling direction). This order is discussed in more detail in the Financial Considerations part of this report and provides a mechanism for re-allocation funds from within contributions reserves to allow this project to be brought forward and fully funded.

integrated planning and reporting

Theme 1 Community, People and Culture

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Theme 3 Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

Governance Matters

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

Risk Management

If the project is not able to proceed:

· Council, West Pymble Football Club and Northern Suburbs Football Association are at risk of losing the funding opportunities of $500,000 (Category 3 Office of Liquor and Gaming), $150,000 (NSW Asian Cup Legacy Fund), $26,340 (Local Sport Grant) and $20,000 (Stronger Communities Programme) – a total of $696,340;

· Council is at risk of losing the club’s contributing funds of $100,000;

· Council is at risk of losing the association’s contributing funds of $132,425;

· the future gap between sportsground demand and supply will not be enhanced in view of future population growth and potential increases in sportsground capacity; and

· there are very limited sportsgrounds that exist within the LGA where a synthetic field conversion is a viable option.

Financial Considerations

Council’s decision of 30 June 2020 references identifying opportunities to fund the project shortfall of approximately $1.25 million utilising the Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020.

On 21 May 2020, Council was notified by the Department of Planning Environment and Industry (DPIE) of the issuance by the Minister for Planning and Public Spaces of the Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020, (the pooling direction).

The pooling direction, under section 7.17 of the Act, allows councils to pool infrastructure contributions and to progressively apply them to facilitate the timely delivery of public amenities and services. The direction does not allow redirection of funds to projects not identified in a contributions plan.

Specifically, the Direction provides:

4 Pooling of contributions

(1) If a local council holds monetary contributions that have been paid for different purposes, including for purposes identified in more than one contributions plan that applies in the local government area concerned, the council is to endeavour to pool those contributions, and apply them progressively, in order to facilitate the provision of the public amenities and public services to which any of those contributions plans relate.

(2) In this clause, monetary contributions means monetary contributions imposed under section 7.11 of the Environmental Planning and Assessment Act 1979 and levies imposed under section 7.12 of that Act

Council has a pooling provision in its Ku-ring-gai Contributions Plan 2010. This provision has been used extensively in the provision of many of the works carried out under than plan, particularly in relation to traffic and transport facilities and acquisition of land for new roads. Many of these works have been provided well in advance of pro-rata contributions. None of Council’s legacy contributions plans, or specific works not carried forward from earlier plans into the 2010 plan have the benefit of a pooling clause.

Norman Griffiths Sportsground has been budgeted for an upgrade since 2016. The assigned project budget is approximately $932,000. The source of these funds is $405,300 from asset sales and $511,100 from Infrastructure and Facilities reserve. For various reasons of which Council is well aware, asset sales to this point have not been forthcoming. Further, there is a significant call on proceeds from asset sales ahead of capital works relying on a s7.11 Project Co-contribution (if and when they occur). The call on asset sales in Council’s Long Term Financial Plan (LTFP) is set out in Table 1 and Figure 1.

Table 1: Projects Funded from Asset Sales in Council’s LTFP

Required Asset Sales
$'000	2020/21	2021/22	2022/23	2023/24	2024/25	2025/26	2026/27	2027/28	2028/29	2029/30	TOTAL
Marian St Theatre	5,000	9,500									14,500
St Ives Indoor Courts		11,300									11,300
Property Development Reserve	-	-	-	-	-	45,000	-	-	-	-	45,000
Infrastructure Renewal	1,100	4,500	4,500	3,600	3,100	3,900	5,100	5,000	2,500	700	34,000
s7.11 Project Co-contribution	-	4,035	-	1,453	1,108	1,359	-	580	6,240	-	14,776
Total Asset Sales	6,100	29,389	4,500	5,053	4,208	50,259	5,100	5,580	8,740	700	119,629

Figure 1: Projects Funded from Asset Sales in Council’s LTFP

Similar to other projects with an element of funding derived from asset sales which have not been forthcoming, they have in the past been deferred.

As separate from Council’s contribution (funded and unfunded), an additional $928,765 has been contributed towards the Norman Griffiths Sportsground project as follows:

· West Pymble Football Club $100,000

· Northern Suburbs Football Association $132,425

· Category 3 Office of Liquor and Gaming $500,000

· NSW Asian Cup Legacy Fund $150,000

· Local Sport Program $26,340

· Stronger Communities Programme $20,000

Total $928,765

This $928,765 is a significant contribution from external sources which cannot be easily overlooked in the reprioritisation of Council capital works.

Council’s $511,100 and $928,765 as listed above effectively covers the cost of a synthetic upgrade only. The project requires additional funding, as outlined in the report to Council of 30 June 2020, in the order of $1.25 million to provide for underground detention based on the Jacobs proposed Humes Stormtrap option (escalated the 2016 estimate of $1.11m by CPI). This cost estimate is preliminary only and is subject to detailed design and tender.

In committing to the synthetic field upgrade at Barra Brui Sportsground in conjunction with Northern Sydney and Beaches Hockey Association, Council utilised funds from the 2010 contributions plan collected for a “New hockey field and multi-purpose sportsfield” at the St Ives nursery site. Given fire protection issues identified in concept design and siting of the cultural and education facility at the Showground precinct, the nursery site was identified as being unsuitable for indoor sports courts and a co-located synthetic field (and also the cultural and education facility).

The Hockey Memo of Understanding commits Council to a maximum contribution to the synthetic playing field at Barra Brui Sportsground of $1,116,814 ex GST. The 2010 Contributions Plan allocates $4.5 million in 2010 dollars to the “new hockey field and multi-purpose sportsfield” at the St Ives nursery site. This leaves sufficient funds available for reallocation to the Norman Griffiths Sportsground synthetic upgrade.

In this respect, it is worth highlighting that the 2010 contributions plan analyses both sportsfields and local open space provision based on the LGA being broken into two areas, north and south. The former St Ives nursery site is in the same contributions catchment as Norman Griffiths Sportsground.

Re-allocation of funds from the 2010 Contributions plan reserves, in the context of the recently issued Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020 and the Environmental Planning and Assessment (Local Infrastructure Contributions – Information) Direction 2020, provides a mechanism for this project to be brought forward and fully funded.

Social Considerations

The provision of a synthetic surface at Norman Griffiths Sportsground will provide increased social benefits for the community and enable better utilisation of facilities.

The usage of sportsgrounds within Ku-ring-gai (including Norman Griffiths Sportsground) is directed by the Sports Facilities Plan of Management (2015). In part, the plan aims to;

· minimise the impacts from activities associated with sports facilities upon residents and the environment; and

· maximise the active and passive recreational opportunities provided by the sports facilities network in Ku-ring-gai.

Consideration towards the local residents and ongoing management with user groups will be required from Council to minimise any such impacts that may occur from usage.

Environmental Considerations

Under Part V of the Environmental Planning and Assessment Act 1979 (EPA Act), Council has a responsibility to consider the likely environmental impact of any proposed activity. When considering the synthetic proposal at Norman Griffiths Sportsground, Council must identify all potential impacts of that activity and consider the scale and significance of any such impacts, to determine whether the proposal should precede, be modified, reviewed or not undertaken at all.

According to the EPA Act, exempt development may be carried out under Part V of the Act if the development is of ‘minimal environmental impact’.

To determine the ‘minimal environmental impact’ for the proposed synthetic field at Norman Griffiths Sportsground, Council has completed a preliminary environmental assessment. Based on the completed preliminary environmental assessment and knowledge of the project, the assessment has been adequately completed and the conclusion as to the likely environmental impact of the project is reasonable. Following finalisation of detailed plans and assessment by way of a detailed environmental assessment (REF) the project can proceed, subject to the relevant control measures and conditions therein, and having regard to responses provided to Council where notification is required.

Community Consultation

Council has requested comment from the local community via public exhibition in consideration of the proposed synthetic field at Norman Griffiths Sportsground. This public exhibition period was carried out between Tuesday, 25 August 2020 and Monday, 21 September 2020 inclusive (minimum of 28 days as per the Local Government Act, 1993).

Further analysis of this community consultation has been referenced in the Comments.

No further community consultation is required to allow this project to proceed.

Internal Consultation

This report has been prepared in consultation with the Strategy and Environment, Operations and Community Departments.

Summary

As per the resolution of Council on 30 June 2020, Council has undertaken community consultation between Tuesday, 25 August 2020 and Monday, 21 September 2020 (28 days inclusive).

In addition to the resolution on 30 June 2020, this report provides advice as to opportunities to fund the project shortfall of approximately $1.25 million. Re-allocation of funds from the 2010 Contributions plan reserves, in the context of the recently issued Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020 and the Environmental Planning and Assessment (Local Infrastructure Contributions – Information) Direction 2020, provides a mechanism for this project to be brought forward and fully funded.

Based on the majority of support from the community for the proposal and the ability to fully fund the project, the recommendation to Council is to proceed to design and construction of a synthetic surface at Norman Griffiths Sportsground this financial year.

Recommendation:

That:

A. Recognising the importance accelerating capital works where feasible to assist with the Covid pandemic recovery, and particularly in light of the opportunities created by the Environmental Planning and Assessment (Local Infrastructure Contributions – Pooling of Contributions) Direction 2020 and the Environmental Planning and Assessment (Local Infrastructure Contributions – Information) Direction 2020, Council fund the shortfall of approximately $1.25 million for the synthetic upgrade of Norman Griffiths Oval from the Ku-ring-gai Contributions Plan 2010 from the “New hockey field and multi-purpose sportsfield” line item.

B. Council proceeds to design and construction of a synthetic surface at Norman Griffiths Sportsground this financial year.

C. All persons who submitted a response during the public exhibition period be provided an update of the decision.

Guy Thomas

Strategic Recreation Planner

Andrew Watson

Director Strategy & Environment

Antony Fabbro

Manager Urban & Heritage Planning

Ordinary Meeting of Council - 20 October 2020	GB.14 / 501

Item GB.14	RFT6-2020

RFT6-2020 Waste Collection Services

EXECUTIVE SUMMARY

purpose of report:	To consider the tenders received for Waste Collection Services ten (10) year contract and to appoint the preferred tenderer.
background:	The current Council Waste Collection Service contract expires on 5 September 2021. Council is seeking to engage a suitable contractor for a ten (10) year contract which would expire on 5 September 2031. The waste collection services for the following categories: · Garbage · Recyclables · Garden organics · Bulky waste · E-waste · Mattresses · Domestic metals · Bulky garden organics · Bulky cardboard · Commercial garbage and recycling · Public litter bins · Community events garbage and recycling Tender documents were released through Tenderlink on 26 May 2020 and closed on the 4 August 2020.
comments:	Council received six (6) tenders. The tenders were assessed using agreed criteria which identified the best value for money to Council. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the six (6) tenders received. The Tender Evaluation Committee and internal probity advisor sought further clarification from two (2) legal firms regarding non-compliance probity matters. Based on the above the Committee recommends that Council resolve to decline all tenders for reason that; 1. Five of the tenders received are non –conforming 2. The remaining conforming tender exceeds Council’s budget for non-levied services. 3. A more advantageous outcome could be achieved with Council resolving to enter into negotiations with companies that have tendered for this Contract. 4. The Council resolve to not invite fresh tenders for this contract due to there being insufficient time to allow companies to be able to supply collection vehicles in time to commence the new contract in September 2021. 5. The General Manager be delegated to enter into these negotiations to secure a Contract for these services.
recommendation:	That as a result of considering the non-competitive tenders submitted for the proposed RFT6-2020 Waste Collection Services contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 1995 (“the Regulation”), Council declines to accept any of the tenders.

Purpose of Report

To consider the tenders received for Waste Collection Services ten (10) year contract and to appoint the preferred tenderer.

Background

The current Council Waste Collection Services contract expires on 5 September 2021. Council is seeking to engage a suitable contractor for a ten (10) year contract to expire 5 September 2031. The waste collection services for the following categories:

· Garbage

· Recyclables

· Garden organics

· Bulky waste

· E-waste

· Mattresses

· Domestic metals

· Bulky garden organics

· Bulky cardboard

· Commercial garbage and recycling

· Public litter bins

· Community events garbage and recycling

As the cost of the works was estimated to be over $250,000, Tenders were called using Tenderlink in accordance with the tender requirements of the Local Government Act and Regulation. Tender documents were released through Tenderlink on 26 May 2020 and closed on the 4 August 2020.

Comments

Six (6) tenders were received and recorded in accordance with Council’s tendering policy.

A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the six (6) tenders received. The Tender Evaluation Committee and internal probity advisor sought further clarification from two (2) legal firms regarding non-compliance probity matters.

The outcome of the assessment of all tenderers showed four (4) out of the six (6) tenderers to be non-conforming. Council sought clarification from legal advice to ensure that the tenderers were legally non-conforming and were to be excluded from the evaluation process.

Other clarifications were sought from the remaining tenderers regarding uncertainty of allowance of resources allocated to certain collection services. A further tenderer was removed from the evaluation process due to the adjustment of their submitted tender price after clarification was sought.

Based on the above the Committee recommends that Council resolve to decline all tenders for reason that;

1. Five of the tenders received are non –conforming.

2. The remaining conforming tender exceeds Council’s budget for non-levied services.

3. A more advantageous outcome could be achieved if Council resolved to enter in negotiations with the competitive tenderers.

4. The Council resolve to not invite fresh tenders for this Contract due to there being insufficient time to allow companies to be able to supply collection vehicles in time to commence the new contract in September 2021.

5. The General Manager be delegated to enter into these negotiations to secure a Contract for these services.

Confidential attachments to this report include:

· List of tenders received (Attachment 1),

· Tender Evaluation Report and recommendation (Attachment 2)

integrated planning and reporting

Sustainable Resource Management

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement – 3 year

Operational Plan

Task – Year 1

P5.1: A community progressively reducing its consumption of resources and leading in recycling and reuse.

P5.1.1 The community is effectively engaged in improved waste reduction, reuse and recycling.

P5.1.1.2: Finalise new Waste Collection Tender and Contract

Governance Matters

Tender documents were prepared and released through Tenderlink on 26 May 2020 and closed on the 4 August 2020. At the close of tender, six (6) tenders were received. All submissions were recorded in accordance with Council’s tendering policy. A Tender Evaluation Panel consisting of staff from the Operations Department was formed to assess the six (6) tenders received. The evaluation considered:

· Conformity of submission,

· Total Lump sum fee totalled from the range of services to be provided,

· Resources provided to complete services

· Organisational suitability in providing quality resources

· Risk Management/Environmental and Work Health and Safety

· Performance and Financial Assessment.

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

Risk Management

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

· That the contract be carried out by a contractor with the organisational suitability and resources to deliver on the full range of waste services

· Risk Management, Environmental and WHS.

· That Council should not be exposed to financial risk - as part of the evaluation process, tenderers were assessed on providing all information and costs requested within the tender document. Prior to awarding a contract, an independent Performance and Financial Assessment will be carried out on the preferred tenderer to ensure that they are trading responsibly and have the financial capacity to undertake the contract as detailed within the tender documents.

Financial Considerations

Funding for the Domestic Waste Collection Services is funded from the Domestic Waste annual charges, the Trade Waste collection is funded from Trade Waste fees and the litter bin service is funded through general revenue.

Social Considerations

On award of the contract, the Waste Collection Contract is in line with Council’s Waste Strategy, Community Strategic Plan, Our Ku-ring-gai 2038 and the Plan’s long term directions including sustainable resource management and a community progressively reducing its consumption of resource and leading in recycling and reuse.

Environmental Considerations

The tender considered the collection of waste and recycling and assessed the environmental impacts and considerations. The collection of waste has environmental health benefits. There are a number of additional services that have been included, for example, mattress, e-waste and metals collection as well as additional green waste collection which have environmental benefits.

Community Consultation

Two community consultations were completed in 2015 and 2018 which contributed towards the 2019-2029 Waste Strategy which forms the basis for the services that are offered in this current Contract.

Internal Consultation

All relevant departments were consulted.

Summary

Tender RFT6-2020 Waste Collection Services was released through Tenderlink on 26 May 2020 and closed on the 4 August 2020. A Tender Evaluation Panel was formed consisting of representatives from the Operations Department. Council received six (6) tenders. All tenders were recorded in accordance with Council’s tendering policy.

Following the evaluation the Committee recommends that Council resolve to decline all tenders for reason that;

1. Five of the tenders received are non –conforming.

2. The remaining conforming tender exceeds Council’s budget for non-levied services.

3. A more advantageous outcome could be achieved if Council resolved to enter in negotiations with the competitive tenderers.

5. The General Manager be delegated to enter into these negotiations to secure a Contract for these services.

Recommendation:

That:

A. As a result of considering the non-competitive tenders submitted for the proposed RFT6-2020 Waste Collection Services contract, and pursuant to Clause 178(1) of the Local Government (General) Regulation 1995 (“the Regulation”), Council declines to accept any of the tenders.

B. Fresh tenders as referred to in clause 178(3)(b)-(d) of the Regulation not be invited because such a procedure would cause delay and would be unlikely to achieve a satisfactory outcome in time for the commencement of the new contract in September 2021.

C. Pursuant to clause 178(3)(e) of the Regulation, the General Manager enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender in terms acceptable to Council’s requirements.

D. The Mayor and the General Manager be delegated authority to execute all documents on Council’s behalf relation to any contract formed as a result of the above.

E. The Seal of Council be affixed to all necessary documents.

F. All tenderers be advised of Council’s decision in accordance with clause 178 of the Regulation

Craig Roberts

Project Manager

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:	A1	RFT6-2020 List of Submitters		Confidential
	A2	RFT6-2020 Tender Evaluation Report		Confidential

Ordinary Meeting of Council - 20 October 2020	MM.1 / 42

Item MM.1	CY00455/8

Ordinary Meeting of Council - 20 October 2020	GB.1 / 48

Item GB.1	S10973-4

Ordinary Meeting of Council - 20 October 2020	GB.3 / 196

Item GB.3	CY00259/12
	24 August 2020

Attachments:	A1⇩	Attachment 1 - Delegation of Authority - Deputy Mayor 2020-2021 Term		2020/274270
	A2⇩	Attachment 2 - Delegation of Authority - Mayor 2020-2021 Term		2019/285224

Ordinary Meeting of Council - 20 October 2020	GB.4 / 202

Item GB.4	CY00440/8
	16 April 2020

Ordinary Meeting of Council - 20 October 2020	/ 43

Item	DA0300/19

Ordinary Meeting of Council - 20 October 2020	GB.5 / 205

Item GB.5	CY00043/12
	16 September 2020

Ordinary Meeting of Council - 20 October 2020	GB.7 / 230

Item GB.7	FY00623/3
	29 September 2020

Ordinary Meeting of Council - 20 October 2020	GB.8 / 234

Item GB.8	CY00295/11

Attachments:	A1⇩	Bushland Dumping and Encroachment Policy 2020		2020/276730
	A2⇩	Bushland Dumping and Encroachment Policy 2020 - Submissions Table		2020/285207

Ordinary Meeting of Council - 20 October 2020	GB.9 / 248

Item GB.9	S12203

Ordinary Meeting of Council - 20 October 2020	GB.10 / 273

Item GB.10	CY00413/8

Attachments:	A1⇩	Council Advisory / Reference Committee Guidelines		2020/246453
	A2⇩	Dr Zeny Edwards for Ku-ring-gai Heritage Reference Committee HRC 2020		2020/278371

Ordinary Meeting of Council - 20 October 2020	GB.13 / 495

Item GB.13	S11290

Ordinary Meeting of Council - 20 October 2020	NM.1 / 502

Item NM.1	S12198

Ordinary Meeting of Council - 20 October 2020	QN.1 / 505

Item QN.1	FY00561/9