Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 28 November 2017 AT 7:00 pm

Level 3, Council Chamber

Agenda

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

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

APOLOGIEs

DECLARATIONS OF INTEREST

Confirmation of Reports to be Considered in Closed Meeting

A. NOTE:

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

C.1 205 Mona Vale Road St Ives - Lease Renewal

File: S07252/8

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

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

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

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

(iii) reveal a trade secret.

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

B. 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.6 Tender RFT 17-2017 - Lindfield Village Living Design Consultant Services

Attachment A1: ........................................ Tender Evaluation Report

This attachment is classified confidential under section 10A2(d)(i) because it could prejudice the commercial position of the person who supplied it, and under section 10A2(d)(ii) because it could confer a commercial advantage on a competitor of Council.

Attachment A2: Attachment to Tender Evaluation Report - Detailed financial and performance assessment

GB.8 Tender NSROC - RFT 1719 - Road Surfacing, Patching, and Associated Works - 2017 to 2019

Attachment A1: ........................ Ku-ring-gai Council Pricing Analysis

This attachment is classified confidential under section 10A2(d)(ii) because it could confer a commercial advantage on a competitor of Council.

Attachment A2: ........... NSROC Tender Evaluation Committee Report

This attachment is classified confidential under section 10A2(d)(ii) because it could confer a commercial advantage on a competitor of Council.

Address the Council

NOTE:

Persons who address the Council should be aware that their address will be recorded on the official audio recording of this meeting.

Documents Circulated to Councillors

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council 8

File: S02131

Meeting held 14 November 2017

Minutes numbered 269 to 288

minutes from the Mayor

Petitions

GENERAL BUSINESS

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

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

GB.1 2017 - 2018 Budget Review - 1st Quarter ended September 2017 53

File: S09112/7

To inform of the results of the first quarter budget review of 2017/18 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2017 to 30 September 2017.

Recommendation:

That the September 2017 Quarterly Budget Review and the recommended changes are received and noted.

GB.2 Investment Report as at 31 October 2017 72

File: S05273

To present Council’s investment portfolio performance for October 2017.

Recommendation:

That the summary of investments performance for October 2017 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and report adopted.

GB.3 Analysis of Land and Environment Court Costs - 1st Quarter 2017 to 2018 80

File: S05273

To report legal costs in relation to development control matters in the Land and Environment Court for the quarter ended 30 September 2017.

Recommendation:

That the analysis of Land and Environment Court costs for the quarter ended 30 September 2017 be received and noted.

GB.4 Minutes of the Ku-ring-gai Finance Committee Meeting
held Monday 20 November 2017 86

File: CY00546

To provide Council with the Minutes from the meeting of the Ku-ring-gai Finance Committee held on Monday 20 November 2017.

Recommendation:

That Council:

A. Received and notes the minutes of the Ku-ring-gai Finance Committee meeting held on
20 November 2017 (Attachment A1);

B. Adopts the draft Terms of Reference provided in Attachment A2;

C. Adopts the following meeting schedule for the Finance Committee for 2018:

· Monday, 19 February 2018 – December Quarterly Budget Review

· Monday, 14 May 2018 – March Quarterly Budget Review

· Monday, 3 September 2018 – End of Financial Year

· Monday, 19 November 2018 – September Quarterly Budget Review.

GB.5 Amendment to Ku-ring-gai Local Centres Development Control Plan - Precinct T1: Pacific Hwy and Ray St Turramurra Retail Area - Consideration of Submissions 90

File: S09569-2

For Council to consider amendments following the exhibition of the proposed draft Ku-ring-gai Local Centres Development Control Plan – Amendment to Part 14B Turramurra Local Centres (Precinct T1: Pacific Hwy and Ray St Retail Area).

Recommendation:

That Council adopts the amended Ku-ring-gai Local Centres Development Control Plan incorporating Amendment to Part 14B Turramurra Local Centres (Precinct T1) as at Attachment A4 to this Report.

GB.6 Tender RFT 17-2017 - Lindfield Village Living Design Consultant Services 96

File: S10840

To advise Council of the Tenders received for Tender No.17-2017 - Lindfield Village Living - Design Consultant Services and to seek approval to carry out the actions outlined in the recommendations A to E.

Recommendation:

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

GB.7 Report on Notice of Motion - Bushfire Preparation - rubbish collection (Green waste) 103

File: S02294

To report back to council for the Notice of Motion on Bushfire Preparation - green waste rubbish collection

Recommendation:

A. That Council agree in principle to a voucher system for residents in fire prone areas to disposal of domestic loads of vegetation to the Kimbriki Waste Management Facility.

B. That Council seek formal agreement from the Kimbriki Waste Management facility to receive domestic loads of vegetation using a disposal voucher from residents issued from Ku-ring-gai Council.

C. That subject to the formal agreement from Kimbriki the distribution of vouchers and bush fire protection advice to residential properties located in Category 1, 2 and buffer zone areas of the Ku-ring-gai Council area proceed.

GB.8 Tender NSROC - RFT 1719 - Road Surfacing, Patching, and Associated Works - 2017 to 2019 110

File: S11471

To seek Council's approval to accept the Northern Sydney Regional Organisation of Councils (NSROC) tender for the schedule of rates for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2017/2018 and 2018/2019.

Recommendation:

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

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Councillor Feedback Following IHAP Decisions 115

File: S11736

Notice of Motion from Councillor Smith dated 15 November 2017

As Councillors and the broader public would be aware, the State Government has recently passed legislation that mandates the constitution of Independent Hearing and Assessment Panels (IHAPs) in all Greater Sydney Council areas.

The effect of this decision will mean that, as of 1 March 2018, locally elected Councillors will no longer be the consent authority for Development Applications that are currently determined by full Council. Furthermore, numerous applications that were previously determined by staff under delegated authority will also have to be determined by IHAPs, requiring additional resourcing and costs.

IHAPs will comprise 4 members, being the Chair appointed by the State Government, 2 expert members chosen by Council from a pool supplied by the Minister and 1 community representative appointed by Council. These appointees will be paid a considerable sum of money by Council to attend meetings and determine applications.

Whilst I acknowledge that Council can do nothing to alter the decisions of these IHAPs retrospectively, I believe it is imperative that all Councillors receive written feedback from staff on IHAP meetings.

This feedback will ensure that Councillors understand the context of decisions which can then be passed on to local constituents when enquiries are made.

It will also provide Councillors with vital information in relation to the voting patterns of IHAPs and the percentage of applications where decisions are made which are at odds with the professional recommendations of Council’s assessing officers.

As Council is required to pay for these mandated panels, I think it is fair and reasonable that we monitor and assess the performance of our panel against this expenditure.

I therefore move:

A. That the Director Development and Regulation provide all Councillors with a monthly memorandum detailing outcomes of the meetings of the Ku-ring-gai IHAP.

B. That the memorandum to Councillors is to include:

i. the number of applications determined at meetings

ii. a breakdown of determinations that generally aligned with officers’ recommendation vs those where the IHAP decision departed substantially from the recommendation.

C. That in circumstances where an IHAP determination represents a departure from the officers’ recommendation, the memorandum is to provide details as to grounds on which the IHAP disagreed with the officers’ recommendation.

NM.2 Bushfire preparation – rubbish collection (green waste) 117

File: S02294

Notice of Motion from Councillor Kelly dated 21 November 2017

The bushfire preparation season is upon us and many residents have more green waste than is able to be taken away in one green waste collection per fortnight. This results in “potential bonfires” accumulating in the very area where we want to minimise the risk of bushfires.

I believe all parties – being residents, Rural Fire Service and Council – would benefit if there were to be a green waste collection in the bushfire prone areas of more than one collection per week – perhaps two minimum and maybe more, if found to be necessary. We’ve already seen an uncontrolled bushfire event in Gordon only at the recent long weekend.

I suggest

A. That Council look at increasing the green waste collection during the bushfire preparation period from two collections a month to a max of two a week

B. That a report come back to Council in relation to associated costs etc. as soon as possible for a decision on whether to implement this increased cycle

BUSINESS WITHOUT NOTICE – SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

Questions Without Notice

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

Confidential Business to be dealt with in Closed Meeting

C.1 205 Mona Vale Road St Ives - Lease Renewal

File: S07252/8

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

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

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

(vi) reveal a trade secret.

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

Report by Manager Integrated Planning, Property & Assets dated 7 November 2017

John McKee

General Manager

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 14 November 2017

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 D Citer & 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)

Acting Director Operations (Matthew Drago)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Corporate Lawyer (Jamie Taylor)

Manager Strategic Projects (Ian Dreghorn)

Manager Community & Recreation Services (Mark Taylor)

Manager Records and Governance (Amber Moloney)

Project Manager – Major Projects (Nicole Gerschel)

Landscape Planner (Lino Querin)

Minutes Secretary (Christine Dunand)

The Meeting commenced at 7:00 pm

The Mayor offered the Prayer

DECLARATIONS OF INTEREST

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

Councillor Citer declared a less than significant non-pecuniary conflict of interest in respect to item GB.2 2017 Ku-ring-gai Community Grants Program as he the former manager of Ku-ring-gai Youth Development Service, where he was the manager for eight (8) years, however, has not held the position for three (3) years. Councillor Citer also advised he is a member of the local advisory committee for StreetWork, confirming he is not a member of the board, or in any way connected with fundraising. Councillor Citer remained in the Chamber during the debate.

Councillor Clarke declared a significant non-pecuniary conflict of interest in item
GB.6 Environmental Levy Small Grants Scheme – Round 19 as a relative assisted in preparing the report. Councillor Clarke left the Chamber during debate.

Councillor Ngai declared a less than significant non-pecuniary conflict of interest in item GB.2 Ku-ring-gai Community Grants Program, three (3) years ago he was the equivalent of a director’s position for the Evangelical Free Church of Australia, however, he no longer attends this church. Councillor Ngai remained in the Chamber during the debate.

Councillor Spencer declared no conflict of interest in item GB.7 Lindfield Village Green, Councillor Spencer sat on the panel for the determination of the DA for the Lindfield Village Green, whereas, this report does not mention the DA. Councillor Spencer remained in the Chamber during debate.

268

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Pettett/Clarke)

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

C.1 Ku-ring-gai Fitness & Aquatic Centre - Legal Proceedings Update

This report should be dealt with in accordance with the Local Government Act 1993 and the Local Government [General] Regulation 2005 under:

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

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

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

(iii) reveal a trade secret.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

C.2 Lindfield Hub - Legal Services Tender

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

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

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

It is not in the public interest to reveal details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

This matter is classified confidential under section 10A(2)(d)(iii) because it deals with a trade secret.

B. 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.7 Lindfield Village Green

Attachment A2: ....... Cost estimate Level 3 basement design

In Accordance with 10(2)(d)(ii)

GB.8 Bicentennial Park Amenities Upgrades Tender - RFT14-2017

Attachment A1: Tender Assessment and Recommendation

In Accordance with 10(2)(d)(iii)

Attachment A2: Additional Financial Statement

In Accordance with 10(2)(d)(iii)

Attachment A3: Independent Performance and Financial Assessment

In Accordance with 10(2)(d)(iii)

GB.9 Howson Oval Amenities Upgrades - Tender - RFT15-2017

Attachment A1: Assessment and Recommendation Report

In Accordance with 10(2)(d)(iii)

Attachment A2: Additional Financial Statement

In Accordance with 10(2)(d)(iii)

Attachment A3: Independent Performance and Financial Assessment

In Accordance with 10(2)(d)(iii)

GB.10 Koola Park Amenities Upgrades Tender - RFT16-2017

Attachment A1: Tender Assessment and Recommendation Report

In Accordance with 10(2)(d)(iii)

Attachment A2: Additional Financial Statement

In Accordance with 10(2)(d)(iii)

Attachment A3: Independent Performance and Financial Assessment

In Accordance with 10(2)(d)(iii)

CARRIED UNANIMOUSLY

SPECIAL PRESENTATION TO COUNCIL – REMEMBRANCE DAY –

SARAH LEATHERBARROW, ROSEVILLE COLLEGE

The Mayor invited Sarah Leatherbarrow, from Roseville College, to present her Remembrance Day speech to Council and, congratulated her on behalf of Council and the residents of Ku-ring-gai.

Address the Council

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

Father Keith Dalby Sydney North Planning Panel meeting on Thursday regarding Bushlands Avenue

Mary McCully DA0402/17 - Reely Street

Graeme Inglis Gordon Golf Club

Janet Harwood Keeping Ku-ring-gai Different

Margaret Davy Sydney North Planning Panel meeting on Thursday regarding Bushlands Avenue

Peter Baily Gordon Golf Club

Cameron Braid Gordon Golf Club

Warwick Churche Governance and Financial Statements

CONFIRMATION OF MINUTEs

269

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 24 October 2017

Minutes numbered 251 to 267

Resolved:

(Moved: Councillors Szatow/Clarke)

That Minutes numbered 251 to 267 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

270

Major awards for Ku-ring-gai Council's strategic planning

File: CY00128/9

Vide: MM.1

It is my pleasant duty to inform my Councillor colleagues and our community of two major awards that the Council has received in the past two weeks. Both awards pay tribute to the strength of our long term urban planning.

The Council’s Director of Strategy & Environment, Andrew Watson, has been recognised by his peers through the LGNSW’s Excellence in Leadership Award.

For those of you not familiar with the LGNSW, it is the organisation representing all local councils in New South Wales.

Andrew was recognised for his outstanding leadership of the Council’s strategic planning area since becoming a Director at Council in 2008.

At the time of his appointment, I think it’s fair to say strategic town planning in Ku-ring-gai was at a low ebb.

The community was at odds with the Council, which in turn was at odds with the state government, over how future densities and housing growth should be accommodated.

Under Andrew’s guidance, the Council’s strategic planners created planning policies for development in appropriate locations, while at the same time putting in place strong protections for Ku-ring-gai’s built heritage.

The result is that housing densities in Ku-ring-gai are concentrated along the rail line and heritage conservation areas have maintained the ‘garden suburb’ character of our community.

The heritage conservation areas are of particular significance, as despite heritage protection being an accepted norm for many other council areas, for many decades Ku-ring-gai did not have any legal safeguards at all for its built heritage.

Over the years Andrew has built a strong professional team with a range of expertise in urban planning and project management. He has also worked closely with the General Manager and other senior managers to set a platform for the renewal of Ku-ring-gai’s major centres.

The ‘Activate Ku-ring-gai’ program – which also won a major award last week – is a comprehensive blueprint to help turn major centres such as Lindfield and Turramurra into attractive destinations for people to live, shop and socialise.

Through careful masterplanning for each centre, the Council is working to transform these centres with new community buildings, open parkland, new retail opportunities and more housing choice.

As a result, Activate Ku-ring-gai has been recognised through the national award in the Excellence in Open Space Planning category by Parks & Leisure Australia.

Parks and Leisure Australia is the peak industry association for professionals working in the parks and leisure sector in Australia, representing over 2500 members.

On behalf of Council, I thank and congratulate Andrew Watson and all the staff associated with the Activate Ku-ring-gai program. I also thank the many community members and other stakeholders who have contributed to the strength of Ku-ring-gai’s planning. Undoubtedly your input has had tremendous influence in shaping the strong planning outcomes we have created for our community’s future.

Resolved:

That this Mayoral Minute be noted and adopted as printed.

CARRIED UNANIMOUSLY

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Confidential Items:	C.2 - Lindfield Hub - Legal Services Tender - Report by Corporate Lawyer dated 7 November 2017 and attachment.
Late Memorandums:	Canoon Road Recreation Area – Independent Transport and Traffic Assessment – Memorandum from Director Strategy & Environment dated 10 November 2017.

GENERAL BUSINESS

271

Tulkiyan Heritage House - Historic Houses of Australia Association Inc - Update

File: S06619

Vide: GB.1

This report is to provide Councillors with an update on the status of works being undertaken at Tulkiyan Heritage House, 707 Pacific Highway, Gordon.

Resolved:

(Moved: Councillors Szatow/Pettett)

That Council receive and note this report.

That a report to come back to council at the second meeting in 2018 on the progress made to the essential structural and building works.

CARRIED UNANIMOUSLY

272

2017 Ku-ring-gai Community Grants Program

File: FY00430/9

Vide: GB.2

To advise Council of applications received for the 2017 Ku-ring-gai Community Grants program, and to recommend subsequent funding allocations to community groups.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That the following community and cultural groups receive the recommended amount of financial assistance from Council in 2017.

1. Category: Small Equipment

	Name of Organisation	Amount Recommended $
1	1st Gordon Scouts	2,000
2	1st Pymble Scouts Group – The Scout Association of Australia, NSW Branch	2,000
3	2nd Turramurra Scout Group	1,980
4	Easy Care Gardening	2,000
5	Fighting Chance Australia	1,716
6	Hornsby Ku-ring-gai Community College	840
7	Killara Bowling Club Limited	844
8	KU Killara Park Preschool	1,080
9	KU West Pymble Preschool	336
10	Ku-ring-gai Community Workshop "The Shed" Inc.	2,000
11	Ku-ring-gai Meals on Wheels Service	2,000
12	Ku-ring-gai Stealers Baseball League Inc	1,812
13	Ku-ring-gai Youth Orchestra	918
14	KYDS Youth Development Service Inc	2,000
15	Lindfield Bowling Club	Nil
16	Lindfield Girl Guides	1,750
17	Probus Club of Barra Brui Inc	1,810
18	Rotary Club of Ku-ring-gai Incorporated	2,000
19	Rotary Club of Wahroonga	Nil
20	St Andrew's Anglican Church Wahroonga	2,000
21	St Ives Netball Club	2,000
22	St Lucy’s School	1,840
23	St Matthew’s Anglican Church	2,000
24	Sydney U3A Incorporated	1,922
25	The Eryldene Trust	2,000
26	UTS Football Club	2,000
27	West Pymble Out of Hours School Care	1,763
28	West Pymble Scout Group	1,959
	Total	$44,570

2. Category: Community Development

	Name of Organisation	Amount Recommended $
1	Active Opportunities Inc	2,500
2	Evangelical Free Church of Australia	2,500
3	Fighting Chance Australia	2,800
4	KU West Pymble Preschool	1,100
5	Ku-ring-gai Community Workshop 'The Shed' Inc	2,500
6	Ku-ring-gai Division St John Ambulance NSW	2,920
7	Ku-ring-gai Stealers Baseball League Inc	2,500
8	Lindfield Bowling Club	Nil
9	Northside Community Forum Limited	2,500
10	NSW SLASA INC	2,000
11	Parkrun Australia	3,000
12	Rotary Club of St Ives INC	2,500
13	St James Church Turramurra for branch church Warrawee Anglican	1,000
14	StreetWork Incorporated	3,000
15	Studio ARTES Northside Inc	Nil
	Total	$30,820

3. Category: Arts/Cultural

	Name of Organisation	Amount Recommended $
1	Jewish Arts Incorporated	3,950
2	KU West Pymble Preschool	3,640
3	Ku-ring-gai Historical Society Inc	5,000
4	Ku-ring-gai Youth Orchestra	2,395
5	Northside Opera Study Group Inc	1,292
6	Studio ARTES Northside Inc	2,000
7	United Nations Association of Australia Peace Program	Nil
	Total	$18,277

CARRIED UNANIMOUSLY

273

Council Meeting Cycle for 2018

File: CY00438/5

Vide: GB.3

To set the Council Meeting dates for 2018.

Resolved:

(Moved: Councillors Szatow/Pettett)

That Council sets the following Meeting dates:

February	6 February 2018	Ordinary Meeting of Council
	27 February 2018	Ordinary Meeting of Council
March	13 March 2018	Ordinary Meeting of Council
	27 March 2018	Ordinary Meeting of Council
April	10 April 2018	Ordinary Meeting of Council
May	8 May 2018	Ordinary Meeting of Council
	22 May 2018	Ordinary Meeting of Council
June	12 June 2018	Ordinary Meeting of Council
	26 June 2018	Ordinary Meeting of Council
July	24 July 2018	Ordinary Meeting of Council
August	14 August 2018	Ordinary Meeting of Council
	28 August 2018	Ordinary Meeting of Council
September	11 September 2018 25 September 2018	Ordinary Meeting of Council Ordinary Meeting of Council
October	16 October 2018	Ordinary Meeting of Council
	30 October 2018	Ordinary Meeting of Council
November	13 November 2018	Ordinary Meeting of Council
	27 November 2018	Ordinary Meeting of Council
December	4 December 2018	Ordinary Meeting of Council
February	12 February 2019	Ordinary Meeting of Council
	26 February 2019	Ordinary Meeting of Council

CARRIED UNANIMOUSLY

Councillor Ngai withdrew during discussion

Councillor Ngai returned

274

Update Report on the Development Contributions System

File: S06785/3

Vide: GB.5

The purpose of this report is to provide Council with an overview of key activities and highlights in the development contributions system over the past six months and anticipated actions and highlights for the coming twelve months. It has been presented twice a year since 2011/2012.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That the update report on the development contributions system in Ku-ring-gai be received and noted.

B. That Ku-ring-gai Planning Agreement Policy 2016 be scheduled for review to align with current best practice and recent experience.

C. The Ku-ring-gai Contributions Plan 2010 and Ku-ring-gai s94A Contributions Plan 2015 be scheduled for rolling review concurrent with aligned strategic planning documents commencing in 2018.

CARRIED UNANIMOUSLY

Councillor Clarke withdrew during discussion

275

Environmental Levy Small Grants Scheme - Round 19

File: S04553/13

Vide: GB.6

To seek Council’s endorsement to fund round nineteen (19) of the Environmental Levy’s Community Small Grants Scheme.

Resolved:

(Moved: Councillors Szatow/Pettett)

That Council supports the recommendation of the small grants assessment panel to fund fourteen (14) projects under round nineteen (19) of the Environmental Levy Community Small Grants Scheme, totalling $46,700.

CARRIED UNANIMOUSLY

Councillor Clarke returned

276

Bicentennial Park Amenities Upgrades Tender - RFT14-2017

File: RFT14-2017

Vide: GB.8

To consider the tenders received for the upgrading of the existing brick and metal roof amenity at Bicentennial Park including the compliance upgrade of the existing disability toilet, and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council accept the recommendation detailed in Part A in the confidential Attachment 1, for the upgrade of the amenities within Bicentennial Park, Pymble, adjacent to Ku-ring-gai Fitness & Aquatic Centre.

B. That the Tender documents be referred to Council’s solicitor to assist in preparing contract documents that are in Council’s best interest

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

D. That the Seal of Council be affixed to the contract documents.

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

CARRIED UNANIMOUSLY

277

Howson Oval Amenities Upgrades - Tender - RFT15-2017

File: RFT15-2017

Vide: GB.9

To consider the tenders received for the upgrading of the existing brick and concrete roof amenities at Howson Oval and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council accept the recommendation detailed in Part A in the confidential Attachment 1, for the upgrade of Howson oval amenities at Turramurra.

B. That the Tender documents be referred to Council’s solicitor to assist in preparing contract documents that are in Council’s best interest

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

D. That the Seal of Council be affixed to the contract documents

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

CARRIED UNANIMOUSLY

278

Koola Park Amenities Upgrades Tender - RFT16-2017

File: RFT16-2017

Vide: GB.10

To consider the tenders received for the upgrading of the existing amenities at Koola Park and appoint the preferred tenderer.

Resolved:

(Moved: Councillors Szatow/Pettett)

A. That Council accept the recommendation detailed in Part A in the confidential Attachment 1, for the upgrade of existing amenities adjacent to Koola Park, Koola Avenue, East Killara, 2071.

B. That the Tender documents be referred to Council’s solicitor to assist in preparing contract documents that are in Council’s best interest.

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

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

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

CARRIED UNANIMOUSLY

279

Australia Day Celebrations and Citizenship Ceremonies

File: S11591

Vide: NM.2

Notice of Motion from Councillor Pettett dated 31 October 2017

We have seen some interstate councils abandoning Australia Day celebrations and citizenships ceremonies on Australia Day.

Ku-ring-Gai council holds its largest citizenship ceremony each year on Australia Day. This is a day of celebration of being and becoming an Australian. It is the day when people from all walks of life come together and celebrate what it is to be Australian. As Australians we recognise the past, respect the present and look forward to the future.

I move that Council continues to support the Australia Day citizenship ceremonies and the Council supported events held on Australia Day.

Resolved:

(Moved: Councillors Szatow/Pettett)

That the above Notice of Motion as printed be adopted.

CARRIED UNANIMOUSLY

280

Supplementary Report - 16 Buckingham Road Killara

File: DA0205/17

Vide: GB.4

To report on the site inspection on 1 November 2017 and to determine Development Application No. 0205/17 for the demolition of existing structures and two lot Torrens Title subdivision.

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

Belinda Braham

Resolved:

(Moved: Councillors Citer/Spencer)

THAT Council, as the consent authority, being satisfied that the proposed development will be in the public interest, grant development consent to DA0205/17 for the demolition of existing structures and a two lot Torrens title subdivision on land at 16 Buckingham Road, Killara 2071, subject to conditions. Pursuant to Section 95(2) of the Environmental Planning and Assessment Act, 1979, the consent will lapse if the approved works are not physically commenced within two years of the date of the Notice of Determination.

Conditions that identify approved plans:

1. Approved architectural plans and documentation (new development)

The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plan no.	Drawn by	Dated
D1 Issue D	ACOR Consultants	15.09.17
D2 Issue D	ACOR Consultants	15.09.17
D3 Issue D	ACOR Consultants	15.09.17
D4 Issue D	ACOR Consultants	15.09.17
D5 Issue D	ACOR Consultants	15.09.17

Reason: To ensure that the development is in accordance with the determination.

2. Inconsistency between documents

In the event of any inconsistency between conditions of this consent and the drawings/documents referred to above, the conditions of this consent prevail.

Reason: To ensure that the development is in accordance with the determination.

Conditions to be satisfied prior to demolition, excavation or construction:

3. Asbestos works

All work involving asbestos products and materials, including asbestos-cement-sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover Authority of NSW.

Reason: To ensure public safety.

4. Notice of commencement

At least 48 hours prior to the commencement of any development (including demolition, excavation, shoring or underpinning works), a notice of commencement of building or subdivision work form and appointment of the principal certifying authority form shall be submitted to Council.

Reason: Statutory requirement.

5. Notification of builder’s details

Prior to the commencement of any development or excavation works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.

Reason: Statutory requirement.

6. Archival recording of buildings

Prior to the commencement of any development or excavation works on site, the Principal Certifying Authority shall be satisfied that an archival report has been submitted to Council’s Heritage Advisor.

The report must consist of an archival standard photographic record of the building (internally and externally), its garden and views of it from the street illustrating its relationship to neighbouring properties and the streetscape. Recording shall be undertaken in accordance with the guidelines for “Photographic Recording of Heritage Items Using Film or Digital Capture (2006)” prepared by the New South Wales Heritage Office.

Information shall be bound in an A4 report format. It shall include copies of photographs, referenced to plans of the site. Two (2) copies (one (1) copy to include negatives or CD of images shall be submitted to Council's Heritage Advisor. The recording document will be held in the local studies collection of Ku-ring-gai Library, the local historical society and Council’s files.

Note: A written acknowledgment from Council must be obtained (attesting to this condition being appropriately satisfied) and submitted to the Principal Certifying Authority prior to the commencement of any works.

Reason: To ensure the proper management of historical artefacts and to ensure their preservation.

7. Sediment controls

Prior to any work commencing on site, sediment and erosion control measures shall be installed along the contour immediately downslope of any future disturbed areas.

The form of the sediment controls to be installed on the site shall be determined by reference to the Landcom manual ‘Managing Urban Stormwater: Soils and Construction’. The erosion controls shall be maintained in an operational condition until the development activities have been completed and the site fully stabilised. Sediment shall be removed from the sediment controls following each heavy or prolonged rainfall period.

Reason: To preserve and enhance the natural environment.

8. Erosion and drainage management

Earthworks and/or demolition of any existing buildings shall not commence until an erosion and sediment control plan is submitted to and approved by the Principal Certifying Authority. The plan shall comply with the guidelines set out in the NSW Department of Housing manual "Managing Urban Stormwater: Soils and Construction" certificate. Erosion and sediment control works shall be implemented in accordance with the erosion and sediment control plan.

Reason: To preserve and enhance the natural environment.

9. Tree protection fencing

To preserve the following tree/s, no work shall commence until the area beneath their canopy is fenced off as per Appendix 6 of the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated 17/05/2017. In addition, the following trees shall be fenced off at the specified radius from the trunk/s to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.

Tree/Location	Radius in metres
T25a Waterhousea floribunda (Weeping Lillypilly) Northern site boundary	3.0m
T28 Harpephyllum caffrum (Kaffir Plum) Adjacent to north-east site corner	6.0m
T31- T33 Syzigium paniculatum (Magenta Cherry) Adjacent to south-east site corner	4.5m
T34 Eucalyptus saligna (Blue Gum) Adjacent to southern site boundary	8.0m
T35 Camellia sasanqua Southern side of existing dwelling	2.5m
T36 Juniperous spp (Juniper) Adjacent to southern site boundary	8.5m
T37 Liquidambar styraciflua (Sweet Gum) Adjacent to southern site boundary	4.0m north, 7.0m elsewhere
T45 Lagerstroemia indica (Crepe Myrtle) Centrally within driveway turning circle	2.5m

Reason: To protect existing trees during the construction phase.

10. Tree protective fencing type galvanised mesh

The tree protection fencing shall be constructed of galvanised pipe at 2.4 metre spacing and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres in height prior to work commencing.

Reason: To protect existing trees during construction phase.

11. Tree protection signage

Prior to works commencing, tree protection signage is to be attached to each tree protection zone, displayed in a prominent position and the sign repeated at 10 metres intervals or closer where the fence changes direction. Each sign shall contain in a clearly legible form, the following information:

· Tree protection zone.

· This fence has been installed to prevent damage to the trees and their growing environment both above and below ground and access is restricted.

· The name, address, and telephone number of the developer.

Reason: To protect existing trees during the construction phase.

12. Tree protection - avoiding soil compaction

To preserve all retained trees within the access handle, no work shall commence until temporary measures to avoid soil compaction (eg rumble boards) in accordance with AS4970-2009 for the length of the access handle is installed. The ground protection measures shall remain in place until the construction of the proposed driveway:

Reason: To protect existing trees during the construction phase.

13. Trunk protection

To preserve the following tree/s, no work shall commence until the trunk/s are protected by the placement of 2.0 metres lengths of 50 x 100mm hardwood timbers spaced at 150mm centres and secured by 2mm wire at 300mm wide spacing over suitable protective padding material. The trunk protection shall be maintained intact until the completion of all work on site.

Any damage to the tree/s shall be treated immediately by an experienced AQF3 Horticulturist/Arborist, and a report detailing the works carried out shall be submitted to the Principal Certifying Authority:

Tree/Location

T5 Cupressus spp (Cypress Pine)

Access handle

T6 Ulmus parvifolia (Chinese Elm)

Access handle

T7 Jacaranda mimosifolia (Jacaranda)

Access handle

T10 Eucalyptus saligna (Blue Gum)

Access handle

T15a Harpephyllum caffrum (Kaffir Plum)

Access handle

Reason: To protect existing trees during the construction phase.

14. Tree fencing inspection

Upon installation of the required tree protection measures, a joint inspection of the site by the Project Arborist and Principal Certifying Authority is required to verify that tree protection measures comply with all relevant conditions.

Reason: To protect existing trees during the construction phase.

15. Construction waste management plan

Prior to the commencement of any works, the Principal Certifying Authority shall be satisfied that a waste management plan, prepared by a suitably qualified person, has been prepared in accordance with Council’s Waste Management controls in the Ku-ring-gai Development Control Plan.

The plan shall address all issues identified in the DCP, including but not limited to: the estimated volume of waste and method for disposal for the construction and operation phases of the development.

Note: The plan shall be provided to the Certifying Authority.

Reason: To ensure appropriate management of construction waste.

Conditions to be satisfied prior to the issue of the construction certificate:

16. Long service levy

In accordance with Section 109F(i) of the Environmental Planning and Assessment Act a Construction Certificate shall not be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided to Council.

Reason: Statutory requirement.

17. Builder’s indemnity insurance

The applicant, builder, developer or person who does the work on this development, must arrange builder’s indemnity insurance and submit the certificate of insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Certifying Authority for endorsement of the plans accompanying the Construction Certificate.

It is the responsibility of the applicant, builder or developer to arrange the builder's indemnity insurance for residential building work over the value of $20,000. The builder's indemnity insurance does not apply to commercial or industrial building work or to residential work valued at less than $20,000, nor to work undertaken by persons holding an owner/builder's permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).

Reason: Statutory requirement.

18. Driveway crossing levels

Prior to issue of the Construction Certificate, driveway and associated footpath levels for any new, reconstructed or extended sections of driveway crossings between the property boundary and road alignment must be obtained from Ku-ring-gai Council. Such levels are only able to be issued by Council under the Roads Act 1993. All footpath crossings, laybacks and driveways are to be constructed according to Council's specifications "Construction of Gutter Crossings and Footpath Crossings".

Specifications are issued with alignment levels after completing the necessary application form at Customer Services and payment of the assessment fee. When completing the request for driveway levels application from Council, the applicant must attach a copy of the relevant development application drawing which indicates the position and proposed level of the proposed driveway at the boundary alignment.

This development consent is for works wholly within the property. Development consent does not imply approval of footpath or driveway levels, materials or location within the road reserve, regardless of whether this information is shown on the development application plans. The grading of such footpaths or driveways outside the property shall comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant and the required alignment levels fixed by Council may impact upon these levels.

The construction of footpaths and driveways outside the property in materials other than those approved by Council is not permitted.

Reason: To provide suitable vehicular access without disruption to pedestrian and vehicular traffic.

Conditions to be satisfied prior to the issue of the construction certificate or prior to demolition, excavation or construction (whichever comes first):

19. Infrastructure damage security bond and inspection fee

To ensure that any damage to Council property as a result of construction activity is rectified in a timely matter:

(a) All work or activity undertaken pursuant to this development consent must be undertaken in a manner to avoid damage to Council property and must not jeopardise the safety of any person using or occupying the adjacent public areas.

(b) The applicant, builder, developer or any person acting in reliance on this consent shall be responsible for making good any damage to Council property and for the removal from Council property of any waste bin, building materials, sediment, silt, or any other material or article.

(c) The Infrastructure damage security bond and infrastructure inspection fee must be paid to Council by the applicant prior to both the issue of the Construction Certificate and the commencement of any earthworks or construction.

(d) In consideration of payment of the infrastructure damage security bond and infrastructure inspection fee, Council will undertake such inspections of Council Property as Council considers necessary and will also undertake, on behalf of the applicant, such restoration work to Council property, if any, that Council considers necessary as a consequence of the development. The provision of such restoration work by the Council does not absolve any person of the responsibilities contained in (a) to (b) above. Restoration work to be undertaken by Council referred to in this condition is limited to work that can be undertaken by Council at a cost of not more than the Infrastructure damage security bond payable pursuant to this condition.

(e) In this condition:

“Council property” includes any road, footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, letter bins, trees, shrubs, lawns, mounds, bushland, and similar structures or features on any road or public road within the meaning of the Local Government Act 1993 (NSW) or any public place; and

“Infrastructure damage security bond and infrastructure inspection fee” means the Infrastructure damage security bond and infrastructure inspection fee as calculated in accordance with the Schedule of Fees & Charges adopted by Council as at the date of payment and the cost of any inspections required by the Council of Council property associated with this condition.

Reason: To maintain public infrastructure.

20. Section 94 development contributions - other than identified centres

(For DAs determined on or after 19 December 2010).

This development is subject to a development contribution calculated in accordance with Ku-ring-gai Contributions Plan 2010, being a s94 Contributions Plan in effect under the Environmental Planning and Assessment Act, as follows:

Key Community Infrastructure	Amount
Local recreation and cultural facilities; Local social facilities	$3,036.54
Local parks and local sporting facilities	$21,749.41
Total:	$24,785.95

The contribution shall be paid to Council prior to the issue of any Construction Certificate, Linen Plan, Certificate of Subdivision or Occupation Certificate whichever comes first in accordance with Ku-ring-gai Contributions Plan 2010.

The contributions specified above are subject to indexation and may vary at the time of payment in accordance with Ku-ring-gai Contributions Plan 2010 to reflect changes in the consumer price index and housing price index. Prior to payment, please contact Council directly to verify the current payable contributions.

Copies of Council’s Contribution Plans can be viewed at Council Chambers, 818 Pacific Hwy Gordon or on Council’s website at www.kmc.nsw.gov.au.

Contributions outside the designated centres may be subject to a maximum contribution total in accordance with the s94E Direction issued by the Minister for Planning dated 21 August 2012, for so long as it remains legally in force. If the total amount above is an exact multiple of $20,000 then the contributions calculated in accordance with Ku-ring-gai Contributions Plan 2010 exceeded the maximum contribution payable and have been capped. If the process of inflation carries the contribution above over the maximum amount permitted by the s94E Direction prior to payment, the amount will be limited at time of receipt. Please contact Council to verify the total contributions payable prior to payment.

Reason: To ensure the provision, extension or augmentation of the Key Community Infrastructure identified in Ku-ring-gai Contributions Plan 2010 that will, or is likely to be, required as a consequence of the development.

Conditions to be satisfied during the demolition, excavation and construction phases:

21. Road opening permit

The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a road opening permit being obtained from Council (upon payment of the required fee) beforehand.

Reason: Statutory requirement (Roads Act 1993 Section 138) and to maintain the integrity of Council’s infrastructure.

22. Prescribed conditions

The applicant shall comply with any relevant prescribed conditions of development consent under clause 98 of the Environmental Planning and Assessment Regulation. For the purposes of section 80A (11) of the Environmental Planning and Assessment Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

· the work must be carried out in accordance with the requirements of the Building Code of Australia

· in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any works commence

· if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the building, structure or work from possible damage from the excavation, and

(b) where necessary, underpin the building, structure or work to prevent any such damage.

Reason: Statutory requirement.

23. Hours of work

Demolition, construction work and deliveries of building material and equipment must not take place outside the hours of 7.00am to 5.00pm Monday to Friday and 8.00am to 12 noon Saturday. No work and no deliveries are to take place on Sundays and public holidays.

Excavation using machinery must be limited to between 7.00am and 5.00pm Monday to Friday, with a respite break of 45 minutes between 12 noon and 1.00pm. No excavation using machinery is to occur on Saturdays, Sundays or public holidays.

Where it is necessary for works to occur outside of these hours (ie) placement of concrete for large floor areas on large residential/commercial developments or where building processes require the use of oversized trucks and/or cranes that are restricted by the RTA from travelling during daylight hours to deliver, erect or remove machinery, tower cranes, pre-cast panels, beams, tanks or service equipment to or from the site, approval for such activities will be subject to the issue of an "outside of hours works permit" from Council as well as notification of the surrounding properties likely to be affected by the proposed works.

Note: Failure to obtain a permit to work outside of the approved hours will result in on the spot fines being issued.

Reason: To ensure reasonable standards of amenity for occupants of neighbouring properties.

24. Approved plans to be on site

A copy of all approved and certified plans, specifications and documents incorporating conditions of consent and certification (including the Construction Certificate if required for the work) shall be kept on site at all times during the demolition, excavation and construction phases and must be readily available to any officer of Council or the Principal Certifying Authority.

Reason: To ensure that the development is in accordance with the determination.

25. Statement of compliance with Australian Standards

The demolition work shall comply with the provisions of Australian Standard AS2601: 2001 The Demolition of Structures. The work plans required by AS2601: 2001 shall be accompanied by a written statement from a suitably qualified person that the proposal contained in the work plan comply with the safety requirements of the Standard. The work plan and the statement of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to the commencement of any works.

Reason: To ensure compliance with the Australian Standards.

26. Site notice

A site notice shall be erected on the site prior to any work commencing and shall be displayed throughout the works period.

The site notice must:

· be prominently displayed at the boundaries of the site for the purposes of informing the public that unauthorised entry to the site is not permitted

· display project details including, but not limited to the details of the builder, Principal Certifying Authority and structural engineer

· be durable and weatherproof

· display the approved hours of work, the name of the site/project manager, the responsible managing company (if any), its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice

· be mounted at eye level on the perimeter hoardings/fencing and is to state that unauthorised entry to the site is not permitted

Reason: To ensure public safety and public information.

27. Dust control

During excavation, demolition and construction, adequate measures shall be taken to prevent dust from affecting the amenity of the neighbourhood. The following measures must be adopted:

· physical barriers shall be erected at right angles to the prevailing wind direction or shall be placed around or over dust sources to prevent wind or activity from generating dust

· earthworks and scheduling activities shall be managed to coincide with the next stage of development to minimise the amount of time the site is left cut or exposed

· all materials shall be stored or stockpiled at the best locations

· the ground surface should be dampened slightly to prevent dust from becoming airborne but should not be wet to the extent that run-off occurs

· all vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust

· all equipment wheels shall be washed before exiting the site using manual or automated sprayers and drive-through washing bays

· gates shall be closed between vehicle movements and shall be fitted with shade cloth

· cleaning of footpaths and roadways shall be carried out daily

Reason: To protect the environment and amenity of surrounding properties.

28. Use of road or footpath

During excavation, demolition and construction phases, no building materials, plant or the like are to be stored on the road or footpath without written approval being obtained from Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

Reason: To ensure safety and amenity of the area.

29. Guarding excavations

All excavation, demolition and construction works shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

Reason: To ensure public safety.

30. Toilet facilities

During excavation, demolition and construction phases, toilet facilities are to be provided, on the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Reason: Statutory requirement.

31. Protection of public places

If the work involved in the erection, demolition or construction of the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

If necessary, a hoarding is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any hoarding, fence or awning is to be removed when the work has been completed.

Reason: To protect public places.

32. Recycling of building material (general)

During demolition and construction, the Principal Certifying Authority shall be satisfied that building materials suitable for recycling have been forwarded to an appropriate registered business dealing in recycling of materials. Materials to be recycled must be kept in good order.

Reason: To facilitate recycling of materials.

33. Construction signage

All construction signs must comply with the following requirements:

· are not to cover any mechanical ventilation inlet or outlet vent

· are not illuminated, self-illuminated or flashing at any time

· are located wholly within a property where construction is being undertaken

· refer only to the business(es) undertaking the construction and/or the site at which the construction is being undertaken

· are restricted to one such sign per property

· do not exceed 2.5m²

· are removed within 14 days of the completion of all construction works

Reason: To ensure compliance with Council's controls regarding signage.

34. Road reserve safety

All public footways and roadways fronting and adjacent to the site must be maintained in a safe condition at all times during the course of the development works. Construction materials must not be stored in the road reserve. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site. Where public infrastructure is damaged, repair works must be carried out when and as directed by Council officers. Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

Reason: To ensure safe public footways and roadways during construction.

35. Services

Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the applicant and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the applicants’ full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services (including water, phone, gas and the like). Council accepts no responsibility for any matter arising from its approval to this application involving any influence upon utility services provided by another authority.

Reason: Provision of utility services.

36. Erosion control

Temporary sediment and erosion control and measures are to be installed prior to the commencement of any works on the site. These measures must be maintained in working order during construction works up to completion. All sediment traps must be cleared on a regular basis and after each major storm and/or as directed by the Principal Certifying Authority and Council officers.

Reason: To protect the environment from erosion and sedimentation.

37. Arborist’s report

The tree/s to be retained shall be inspected, monitored and treated by a qualified AQF5 Arborist during and after completion of development works to ensure their long term survival. Regular inspections and documentation from the Project Arborist to the Principal Certifying Authority are required at the following times or phases of work:

Tree/Location	Time of inspection
All retained trees On site and within 5.0m of site boundaries	Certification of tree protection requirements as per consent conditions Direct supervision of demolition works within the tree protection zone of retained trees Direct supervision of installation of underground services At the completion of all works on site

Reason: To ensure protection of existing trees.

38. Treatment of tree roots

If tree roots are severed for the purposes of constructing the approved works, they shall be cut cleanly by hand, by an experienced AQF3 Arborist/Horticulturist. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees.

Reason: To protect existing trees.

39. Demolition works

To protect retained trees demolition works shall be undertaken in accordance with Section 10.5 of the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated 17/05/2017

Reason: To protect existing trees.

40. Cutting of tree roots

No tree roots of 30mm or greater in diameter located within the specified radius of the trunk/s of the following tree/s shall be severed or injured in the process of any works during the construction period. All pruning works shall be undertaken as specified in Australian Standard 4373-2007 - Pruning of Amenity Trees:

Tree/Location	Radius from trunk
All retained trees on site and within 5.0m of site boundaries	As per Tree Protection Zone detailed within Appendix 4 of the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated 17/05/2017

Reason: To protect existing trees.

41. Approved tree works

Approval is given for the following works to be undertaken to trees on the site:

Tree/Location	Approved tree works
T11 Grevillea robusta (Sliky Oak) Access handle	Removal
T12, T13, T14 Jacaranda mimosifolia (Jacaranda) Access handle	Removal
T12a Harpephyllum caffrum (Kaffir Plum) Access handle	Removal

Removal or pruning of any other tree on the site is not approved, excluding species exempt under Council’s Development Control Plan.

Reason: To ensure that the development is in accordance with the determination.

42. Hand excavation

All excavation within the specified radius of the trunk/s of the following tree/s shall be hand dug:

Tree/Location	Radius from trunk
All retained trees on site and within 5.0m of site boundaries	As per Tree Protection Zone detailed within Appendix 4 of the Arboricultural Impact Assessment Report by Earthscape Horticultural Services dated 17/05/2017

Reason: To protect existing trees.

43. Thrust boring/directional drilling

Excavation for the installation of any services on site as detailed on Plan D3 Rev D by Acor Consultants shall utilise the thrust boring/directional drilling method. Thrust boring shall be carried out at least 800mm beneath natural ground level to minimise damage to tree/s root system. Thrust boring/directional drilling shall also be used to install the 150mm PVC pipeline under the existing driveway crossing of No. 18 Buckingham Road, Killara.

Reason: To protect existing trees and the existing driveway crossover of the adjacent property.

44. No storage of materials beneath trees

No activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order at any time.

Reason: To protect existing trees.

45. Removal of refuse

All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.

Reason: To protect the environment.

46. On site retention of waste dockets

All demolition, excavation and construction waste dockets are to be retained on site, or at suitable location, in order to confirm which facility received materials generated from the site for recycling or disposal.

· Each docket is to be an official receipt from a facility authorised to accept the material type, for disposal or processing.

· This information is to be made available at the request of an Authorised Officer of Council.

Reason: To protect the environment.

Conditions to be satisfied prior to the issue of an Occupation Certificate:

47. Certification of drainage works

Prior to issue of the Subdivision Certificate, the Principal Certifying Authority is to be satisfied that:

· the components of the new drainage system have been installed by a licensed contractor in accordance with the National Plumbing and Drainage Code AS3500.3 (2003) and the Building Code of Australia

· the stormwater drainage works have been completed in accordance with the approved Construction Certificate drainage plans and Ku-ring-gai DCP Part 24 'Water Management'.

Note: Evidence from the plumbing contractor or a qualified civil/hydraulic engineer confirming compliance with this control is to be provided to Council prior to the issue of Subdivision Certificate.

Reason: To protect the environment.

48. Certification of as-constructed driveway

Prior to issue of Subdivision Certificate, the Certifying Authority is to be satisfied that:

· the as-constructed driveway complies with the approved Construction Certificate plans;

· the completed vehicle access and accommodation arrangements comply with Australian Standard 2890.1 - 2004 “Off-Street car parking";

· finished driveway gradients and transitions will not result in the scraping of the underside of cars.

Note: Evidence from a suitably qualified and experienced traffic/civil engineer indicating compliance with the above is to be provided to and approved by the Certifying Authority prior to the issue of Subdivision Certificate.

Reason: To ensure that vehicular access and accommodation areas are compliant with the consent.

49. Infrastructure repair

Prior to issue of the Subdivision Certificate, the Principal Certifying Authority must be satisfied that any damaged public infrastructure caused as a result of construction works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) is fully repaired to the satisfaction of Council Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

Conditions to be satisfied prior to the issue of a Subdivision certificate:

50. Demolition of structures

Prior to the release of the Subdivision Certificate, the Certifying Authority shall be satisfied that the existing dwelling and associated structures have been demolished and removed from the site.

Reason: To ensure that the development is in accordance with the determination.

51. Sydney Water Section 73 Compliance Certificate

Prior to release of the linen plan/issue of the subdivision certificate, the Section 73 Sydney Water compliance certificate which refers to the subdivision application must be obtained and submitted to the Council.

Reason: Statutory requirement.

52. Requirements of public authorities for connection to services

Prior to the issue of the Subdivision Certificate, the Principal Certifying Authority shall be satisfied that the applicant has complied with the requirements of any public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, AGL, etc) in regard to the connection, relocation and/or adjustment of the services affected by the proposed subdivision. All costs related to the relocation, adjustment or support of services are the responsibility of the applicant.

Note: Details of compliance with the requirements of any relevant public authorities are to be submitted to the Principal Certifying Authority.

Reason: To ensure that services are available to the allotments of land.

53. Reinstatement of crossings

Prior to issue of the Subdivision Certificate, the principal Certifying Authority is to be satisfied that following works have been completed:

· construction of the new driveway crossing and layback in accordance with the levels and specifications issued by Council

· removal of all redundant driveway crossings, pipe crossing and/or kerb laybacks. Full reinstatement of these sections to footway, and/or turfed verge and/or kerb and gutter to the satisfaction of Council

· reinstatement works match surrounding adjacent infrastructure with respect to marrying of levels and materials

· any sections of damaged grass verge are to be replaced with a non-friable turf of native variety to match existing

· any damaged public infrastructure caused as a result of construction works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete vehicles) has been repaired to the satisfaction of Council and at no cost to Council

Reason: To protect public infrastructure and the streetscape.

54. Construction of works in public road

Prior issue of the Subdivision Certificate all road, footpath and/or drainage works in the public road must be completed in full, inspected and approved by Council. The applicant’s designing engineer is to provide certification upon completion that the works were constructed in accordance with the Council approved drawings. This certification shall be provided prior to release of the linen plan/issue of the Subdivision Certificate. The completed works are to be approved by Council’s Development Engineer prior to release of the linen plan/issue of the Subdivision Certificate.

Reason: To ensure completion of all road, footpath and/or drainage works in the public road.

55. Infrastructure repair – subdivision works

Prior to issue of the Subdivision Certificate, any infrastructure within the road reserve along the frontage of the subject site or within close proximity, which has been damaged as a result of subdivision works, must be fully repaired to the satisfaction of Council’s Development Engineer and at no cost to Council.

Reason: To protect public infrastructure.

56. Provision of services

Prior to issue of the Subdivision Certificate, separate underground electricity, gas and phone or appropriate conduits for the same, must be provided to each allotment to the satisfaction of the utility provider. A suitably qualified and experienced engineer or surveyor is to provide certification that all new lots have ready underground access to the services of electricity, gas and phone. Alternatively, a letter from the relevant supply authorities stating the same may be submitted to satisfy this condition.

Reason: Access to public utilities.

57. Issue of Subdivision Certificate

The Subdivision Certificate must not be issued until all conditions of development consent have been satisfied and a Subdivision Certificate has been issued by the Principal Certifying Authority.

Reason: To ensure that the development is completed prior to transfer of responsibility for the site and development to another person.

58. Submission of 88b instrument

Prior to the issue of the Subdivision Certificate, the applicant must submit an original instrument under Section 88B of the Conveyancing Act with the plan of subdivision, plus six (6) copies to Council. Ku-ring-gai Council must be named as the authority whose consent is required to release, vary or modify the burdens.

Reason: To create all required easements, rights-of-carriageway, positive covenants, restrictions-on-use or other burdens/benefits as may be required.

59. Submission of plans of subdivision (Torrens title)

For endorsement of the subdivision certificate, the applicant shall submit an original plan of subdivision plus 6 copies, suitable for endorsement by Council. The following details must be submitted with the plan of subdivision and its copies:

a) the endorsement fee current a the time of lodgement

b) the 88B instrument plus 6 copies

c) a copy of the Subdivision Certificate issued for DA0205/17

d) all surveyor’s and/or consulting engineers’ certification(s) required under this subdivision consent

e) The Section 73 (Sydney Water) Compliance Certificate for the subdivision.

f) Proof of payment of S94 contribution

Council will check the consent conditions on the subdivision. Failure to submit the required information will delay endorsement of the linen plan and may require payment of rechecking fees. Plans and copies of subdivision must not be folded. Council will not accept bonds in lieu of completing subdivision works.

Reason: Statutory requirement.

60. General easement/R.O.W. provision and certification

Prior to issue of the Subdivision Certificate, a registered surveyor is to provide details to Council that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision. Alternatively, where the surveyor is of the opinion that creation of burdens and benefits is not required, then proof to this effect must be submitted to the Principal Certifying Authority.

Reason: To ensure that all physical structures are fully contained within the proposed allotments or will be fully covered by the proposed burdens upon registration of the final plan of subdivision.

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

Against the Resolution: Councillors Pettett, Kelly and Szatow

281

Lindfield Village Green

File: S10840

Vide: GB.7

To report to Council on the findings of investigations into the feasibility and impact of increasing underground short-term parking on the Lindfield Village Green (LVG) project.

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

Bryan Rowe

Bruce Murphy

Resolved:

(Moved: Councillors Ngai/Citer)

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

B. The General Manager or his delegate be authorised to continue negotiations with TfNSW with a view to finalising an agreement for the delivery of commuter car spaces on the LVG site separate to any provided on the Lindfield Hub. Any commuter car parking funded by TfNSW is to include a component of land value and the additional capital and operational costs are to be fully funded by TfNSW.

C. Funding options for a third basement level to be placed on the agenda for the 27th November Councillor Briefing

D. A further report be brought back to Council in early 2018 outlining:

outcomes of negotiations with TfNSW including implications on basement design

A report on funding options for a modified design to include a minimum of 136 short term parking spaces

E. That Council endorses the investigation of paid parking as a funding mechanism and parking management solution across all the local centre projects.

CARRIED UNANIMOUSLY

Motions of which due Notice has been given

282

Project Committees

File: S10973-6

Vide: NM.1

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

Linda McDonald

Notice of Motion from Councillor Kelly dated 9 October 2017

In the normal course of business in any given year, Council has the carriage of scores of millions of dollars of business in a variety of forms. At the moment, there are a number of projects under consideration, such as:

a. Marian Street Theatre

b. Lindfield Village Hub

c. Bushlands Road development

d. The Bunnings “3M” site

Just to name a few.

In the same way that we manage other Council business via committees, I suspect Council, the community and the developers/sponsors would benefit from a dedicated team overseeing all aspects of these projects, providing a single point of contact and acting as a conduit for all parties to ensure projects stay on track and provide valuable transparency. In addition, they provide a valuable experiential opportunity for both Councillors and Council staff to interact with external stakeholders.

I suggest that a committee be formed for each major project, starting with the Lindfield Village Hub project and said committee membership be published to the external stakeholders.

Resolved:

(Moved: Councillors Kelly/Pettett)

That:

A. The above Notice of Motion be amended as follows:

In the same way that we manage other substantial Council business via committees, I submit Council, the community and the developers/sponsors would benefit from a dedicated team overseeing all aspects of these projects, providing a single point of contact and acting as a conduit for all parties to ensure projects stay on track and provide valuable transparency. In addition, they provide a valuable experiential opportunity for both Councillors and council staff to interact with external stakeholders.

The project I would like to start this process with is the Lindfield Village Hub, but this could be extended to other projects in time.

B. Council establish a dedicated committee to oversee the operations of the Lindfield Village Hub and said committee comprise Council operational staff, the Mayor, three councillors, and three members of the community. It may be a requirement that the community representatives execute a non-disclosure agreement prior to taking up the role. A report be brought back to Council on the Terms of Reference for the Committee, with the composition to be advised.

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

Against the Resolution: Councillors Ngai, Smith and Szatow

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Councillor Smith withdrew during discussion

Councillor Smith returned

Councillor Clarke withdrew during discussion

Councillor Clarke returned

283

New park at Allan Avenue Turramurra

File: S08531

Vide: NM.3

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

Corin Bass

James Adams

Lyness Beavis

Patrick Griffin

Tanja Boesch

Kevin McCarthy

Notice of Rescission from Councillors Pettett, Szatow, Smith and Greenfield dated 2 November 2017

We, the undersigned councillors, move that the following decision from GB.7 of the meeting of 24 October be rescinded.

That Council endorses the final concept design for the new park at Allan Avenue, Turramurra;

A. That staff proceed with design development and the preparation of construction documentation including detailed plans, cost estimates and specifications for public tender;

B. That Council authorises the General Manager to allow minor changes to the concept plan during the design development process where budget or other constraints warrant amendments;

C. That any increased maintenance costs associated with the new park at Allan Avenue be included in the draft 2018/19 recurrent budget;

D. That Council endorses the name “Boyds Orchard Park” for the new Park at Allan Avenue, Turramurra;

E. That the name “Boyds Orchard Park” be submitted to the Geographical Names Board to commence the gazettal process;

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

If the Rescission Motion is successful then we move that:

A. A site inspection be arranged

B. A detailed design briefing for councillors to be arranged allowing councillor input before the final design concept and naming of the new park at Allan Avenue Turramurra agenda item is brought back to council

Resolved:

(Moved: Councillors Pettett/Szatow)

That the above Notice of Rescission as printed be adopted.

For the Resolution: Councillors Pettett, Greenfield, Smith, Kelly and Szatow

Against the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

The voting being EQUAL, the Mayor exercised her Casting Vote

AGAINST the Motion

The above was subject to a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.

(Moved: Councillors Citer/Clarke)

For the Motion: The Mayor, Councillor Anderson, Councillors Clarke, Spencer and Citer

Against the Motion: Councillors Ngai, Pettett, Greenfield, Smith, Kelly and Szatow

No decision was taken in respect of the above matter as

the Motion when put to the vote was LOST

Councillor Pettett withdrew during discussion

Councillor Pettett returned

Councillor Greenfield withdrew during discussion

Councillor Greenfield returned

Councillor Spencer withdrew during discussion

Councillor Spencer returned

Councillor Szatow withdrew during discussion

Councillor Szatow returned

Councillor Szatow withdrew during discussion

Councillor Szatow returned

284

Amendment to Plan of Management for the Canoon Road Recreation Area

File: S09042

Vide: NM.4

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

Grey Bloomfield

Sarah Harvey

Berwyn Collings

Joanne Perry

Andrew Gilbert

Nick Roberts

Aaron Shui

Lynne Ireland

Jesse Baravykis

Dierk Mohr

Marinda Taha

Lloyd Cohen

Peter Debus

Nathan Tilbury

Notice of Motion from Councillor Clarke dated 6 November 2017

Ku-ring-gai Netball Association (KNA) is recognised as a leading netball association on the North Shore, comprising 18 clubs and 3600+ members from the Ku-ring-gai area. Currently KNA holds Saturday competition at the Canoon Road Recreational Area, which has served them for the past 40 years. However, current membership numbers mean that the Plan of Management now in place will not adequately serve the association and its members going into the future. Even now traffic is chaotic during winter season in South Turramurra with residents knowing to avoid the area least they get stuck in traffic. By allowing for limited training and games to be held under lights other days of the week, traffic congestion can be alleviated on Saturdays. Furthermore, there is currently a dramatic shortage of training facilities across the Ku-ring-gai area, with some girls having to train on private tennis courts in people’s backyards due to a lack of lit training facilities. This Plan of Management change shown below will help address this shortfall.

Action Plan 39, the Canoon Road Recreation Area Plan of Management currently states:

Investigate operating some fixtures and training sessions under lights on Thursday and/or Friday evenings possibly between 5pm and 7.30pm, which would enable times between Saturday fixtures to be maximised allowing for more efficient movement of pedestrians and traffic in the surrounding streets.

To accommodate the current and future needs of netball in Ku-ring-gai, it is recommended that the wording in Action Plan 39 be deleted and replaced.

I therefore move:

A. That the following changes be made to the Canoon Road Recreation Area Plan of Management:

Operating under lights:

· For training on Mondays Tuesdays and Wednesdays on up to 9 courts (courts 1 – 4, 20, 22 – 25) between 4.30pm – 8.00pm for the winter season

· For competition games or training on Thursday on up to 9 courts (courts 1 – 4, 20, 22 – 25) between 4.30pm – 8.00pm for the winter season

(This is a key action and high priority in the PoM to reduce usage on Saturdays - the Under 9 age group will be moved from Saturdays to Thursdays).

No fixtures or training under lights on Fridays.

B. That the amended Plan of Management be placed on public exhibition for a period of 28 days, and a report come back to Council following the exhibition period.

C. Council dissolves the Canoon Road Recreation Area Consultative Committee effective immediately.

Resolved:

(Moved: Councillors Clarke/Ngai)

That the above Notice of Motion as printed be adopted.

For the Resolution: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

Against the Resolution: Councillors Pettett, Greenfield, Smith, Kelly and Szatow

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Motion

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

(Moved: Councillors Pettett/Greenfield)

That a summit be convened of all affected parties to discuss options for night netball training and games:

· we have a summit of concerned parties to look at all available options

· attendees to be residents (3), KNA representatives (3), Hornsby Shire Netball Club Reps (3), KMC Directors, KMC Councillors, Hornsby Councillors (3)

· a report to be provided on all lit sporting facilities within Ku-ring-gai that could be double marked and used for night training and games.

· Request a report from Hornsby Council of all lit sporting facilities that could be double marked and used for night training and games.

· an Environmental Impact Study to be prepared on Canoon Road in particular the Powerful Owl and presented at the forum

· transport and traffic impact study on the Canoon Road netball facility and surrounding areas

· any other reports that might assist in the solution

· the forum is to be conducted by 31/01/2018

· Council staff to liaise with the interested parties to identify appropriate dates for the forum

For the Amendment: Councillors Pettett, Greenfield, Smith, and Kelly

Against the Amendment: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

(Councillor Szatow was absent during the vote on the Amendment)

The above was subject to a Procedural Motion asking the Mayor to seek a vote on the matter as there had been 2 speakers For and 2 Against.

(Moved: Councillors Clarke/Citer)

For the Motion: The Mayor, Councillor Anderson, Councillors Ngai, Clarke, Spencer and Citer

Against the Motion: Councillors Pettett, Greenfield, Smith, Kelly and Szatow

The voting being EQUAL, the Mayor exercised her Casting Vote

IN FAVOUR of the Motion

QUESTIONS WITHOUT NOTICE

285

Annie Wyatt Park Gordon

File: S09608

Vide: QN.1

Question Without Notice from Councillor Cheryl Szatow

When will the upgrade to this important park be commenced?

Annie Wyatt having been the instigator of the fore-runner to the National Trust of Australia – the Tree Lovers League.

The Tree Lovers League planted the new now magnificent lemon scented gum in the park – which unfortunately has not been attended to since TfNSW built the Bust Interchange at the end of the St John’s Avenue Gordon.

I believe it is on the park schedule for 2017/2018, I would just like know when it is if you could answer that please Mr Drago?

Answered by Acting Director Operations and Director Strategy & Environment

The Acting Director advised the design is almost finalised and will be going to tender soon.

The Director Strategy & Environment advised he may have to clarify this by memo tomorrow (Wednesday 15 November 2017), it was his understanding it had been to tender, and because of the constraining nature of the site and the difficult nature of the work there wasn’t any interest in the tender, and the Operations crew was breaking up the work into component parts to re-seek quotations on the various elements of the work, difficult site, difficult to get parking access for example.

So the feeling was that because of the plethora of work that is available it was not an attractive piece of work, given its relatively limited nature in the constraints of the nature of the site, so we are seeking other avenues to get prices for it to proceed.

So it is not that we haven’t tried it just we haven’t had any market interest in the work.

286

Culworth Avenue Killara

File: TM5/09

Vide: QN.2

Question Without Notice from Councillor Cheryl Szatow

When, may I ask, will the upgrade of this road take place – it is, I believe on the lists for the 2017/2018 year?

Answered by Acting Director Operations

The Director advised he would take the question on notice.

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

287

Ku-ring-gai Fitness & Aquatic Centre - Legal Proceedings Update

File: S10420

Vide: C.1

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

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

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

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

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(i) because it deals with tenders. Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process. Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.

Section 10A(2)(g) of the Act permits the meeting to be closed to the public for business relating to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

This matter is classified confidential under section 10A(2)(g) because it contains advice concerning a legal matter that:

(a) is a substantial issue relating to a matter in which the Council is involved

(b) is clearly identified in the advice, and

It is not in the public interest to release details of the legal advice as it would prejudice Council’s position in court proceedings.

Report by Manager Strategic Projects dated 11 October 2017

Resolved:

(Moved: Councillors Clarke/Spencer)

That Council approves the actions outlined in the Proposed forward path outlined in this report.

CARRIED UNANIMOUSLY

288

Lindfield Hub - Legal Services Tender

File: RFT12-2017

Vide: C.2

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

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

The matter is classified confidential because it deals with the proposed acquisition and/or disposal of property.

It is not in the public interest to release this information as it would prejudice Council’s ability to acquire and/or dispose of the property on appropriate terms and conditions.

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

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

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

(iii) reveal a trade secret.

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

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

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

(iii) reveal a trade secret.

This matter is classified confidential under section 10A(2)(d)(iii) because it deals with a trade secret.

Report by Corporate Lawyer dated 7 November 2017

Resolved:

(Moved: Councillors Clarke/Spencer)

A. In accordance with Clause 178 (3)(e) Council decline to accept any of the tender submissions and instead enters into negotiations with one or more of the existing tenderers, to provide external legal advice and services the Procurement and Delivery phase of the Lindfield Community Hub project.

B. Further that in accordance with Clause 178 (4) (a) & (b) fresh tenders not be called due to the cost, time and staff resources needed for the process, as it is anticipated the process will not elicit any new submissions, given that Council has conducted a select tender from the Whole-of-Government NSW Legal Services Panel to shortlist pre-qualified firms.

C. That the General Manager be authorised to negotiate the terms of the contract at a price not higher than the submissions received for this tender.

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

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

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

CARRIED UNANIMOUSLY

Council resolved to return to Open Council
after a Motion moved by Councillors Clarke and Spencer
was CARRIED UNANIMOUSLY

The General Manager adverted to the consideration of the matter referred to in the Minutes numbered 287 and 288, and to the resolution contained in such Minute.

The Meeting closed at 10:57 pm

The Minutes of the Ordinary Meeting of Council held on 14 November 2017 (Pages 1 - 4) were confirmed as a full and accurate record of proceedings on 28 November 2017.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 28 November 2017	GB.1 / 53

Item GB.1	S09112/7
	3 November 2017

2017 - 2018 Budget Review - 1st Quarter ended September 2017

EXECUTIVE SUMMARY

purpose of report:	To inform of the results of the first quarter budget review of 2017/18 and proposed adjustments to the annual budget based on the actual financial performance and trend for the period 1 July 2017 to 30 September 2017.

background:	Section 203(1) of the Local Government Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that provides the latest estimate of Income and Expenditure for the current (2017/18) financial year.

comments:	Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1.398m compared to revised budget. This is primarily due to capital grants, user fees, and other revenue partly offset by increases in expenditure. When excluding capital income, the net operating result will decrease by $89k, primarily due to decreased operating grants income partly offset by decreased depreciation. The forecast working capital balance at 30 June 2018 is projected to remain at $4.8m, in line with Long Term Financial Plan target.

recommendation:	That the September 2017 Quarterly Budget Review and the recommended changes are received and noted.

Purpose of Report

Background

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

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

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

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

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

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

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

At the Council meeting held on 27 June 2017, Council adopted the Revised Delivery Program 2013-2017 & Operational Plan 2017-2018, which incorporated the Annual Budget for 2017-2018.

Comments

This review analyses Council’s financial performance for the first quarter of 2017/18 and forecasts an end of financial year position by recommending budget adjustments to operating and capital budget.

Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1,398m compared to revised budget. This is primarily due to increased capital grants, user fees and operating grants partly offset by lower increases in expenditure. When excluding capital income, the net operating result will decrease by $89k.

The change to the operating result is primarily due to increased rates income from supplementary rating ($180k), net increase in restoration fees ($140k), increased income for the Ku-ring-gai Fitness & Aquatic Centre (KFAC) ($209k) fully offset by increased expenses ($209k) and increased development control fees ($128k). Operational grants income reduced due to the first instalment of the Financial Assistance Grant (FAG) received in advance last financial year ($1.79m) partly offset by increases in other operating grants ($256k).

Increased operating costs are mainly due to an adjustment to employee costs to reflect a new position funded from domestic waste ($128k) and ($48k) for casuals at St Ives Showground offset by decreased materials and contracts ($48k), increased operating project costs ($198k) mainly funded from section 94 ($105k) and grant funded ($90k). Depreciation costs decreased ($1,185m) to reflect adjustments for reclassification of investment property and lower asset base due to delay of capital projects.

Major variations in the capital budget are due to:

· Decrease of road rehabilitation program ($1.29m) due to over expenditure in the previous financial year and ($313k) to fund completion of NTRA car park in the current financial year;

· Removal of St Ives Cultural and Environmental Education Centre project due to fire risk at allocated site. Funds have been returned to the environmental levy reserve ($1.12m) and section 94 ($1.0m).

· Deferral of other projects funded from Section 94 to future years ($22.66m); mainly the Lindfield Village Green project, the St Ives Village Green Masterplan project and Putarri Reserve Upgrade.

· Deferral of projects partly funded from Asset Sales ($914k).

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

The forecast working capital balance at 30 June 2018 is projected to remain at $4.8m, in line with Long Term Financial Plan target.

Quarterly Budget Review Statements (QBRS)

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

· Income and Expenses Budget Review Statement (Table 1)

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

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

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

· Income and Expenses Statement by Theme (Table 5)

· Cash and Investments position (Table 6)

· Contracts and Consultancy Expenses (Table 7)

· Capital & Operational Projects Summary (Table 8)

· Statement by the Responsible Accounting Officer

These statements are shown below.

Proposed Budget Adjustments

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

Attachment A2 summarises all proposed budget adjustments for Projects.

The table below splits the current budget by six themes identified within Council’s Delivery Program 2013 – 2017. These themes are used as a platform for planning our activities to address the community’s stated needs and aspirations.

Cash and Investments position

Restricted funds are invested in accordance with Council’s Investment Policy. Total investments portfolio as per the September Investment Report is $165.9m.

A detailed Restricted Assets Report as at September 2017 (Actual) is shown in Attachment A1.

Contracts and Consultancy Expenses

Capital & Operational Projects Summary

Actual expenditure for capital and operational projects for the period ending 30 September 2017 is $4.3m against the YTD budget of $3.4m, resulting in an unfavourable variance of $917k. This variance is mainly due to timing differences between the actual expenditure incurred against the budget forecast of some projects for the quarter.

The table and chart below shows the YTD actual project expenditure against YTD budget for the quarter ended September 2017.

The proposed budget changes to operational and capital projects represent a decrease of $25.631m. The most significant variations and projects proposed for adjustment are listed below:

· Decrease of road rehabilitation program ($1.29m) due to over expenditure in the previous financial year and ($313k) to fund completion of NTRA car park in the current financial year;

· Removal of St Ives Cultural and Environmental Education Centre project due to fire risk at the allocated site. Funds have been returned to the environmental levy reserve ($1.12m) and Section 94 ($1.0m) and will be allocated to other projects.

· Deferral of other projects funded from Section 94 to future years ($22.66m); mainly the Lindfield Village Green project, the St Ives Village Green Masterplan project and Putarri Reserve Upgrade.

· Deferral of projects funded from Asset Sales ($914k).

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

Attachment A2 – Summary of Capital and Operational Project Budget Adjustments

Major Capital Works Update

The status of various projects and reviews of programs is covered in the commentary below:

§ Buildings

Tenders have been called for three amenities upgrade to public toilets at Howson Oval, Koola Park and Bicentennial Park. These upgrades are part of the 2016/2017 Local Infrastructure Renewal Scheme (LIRS), Public Toilets Upgrade Program and Operational Plan, and was carried forward to 2017/18. Results of these are being report to the Ordinary Meeting of Council on 14^th November to accept the preferred Tender for each site.

Roads

The roads program at the end of the first quarter is 25% completed. Works on the regional road program is programed, for completion by end of November. All works are expected to be completed by the end of May 2017.

§ Footpaths

Footpath works opposite the Public School at Crown road have been complete, and designs are progressing for other programmed paths in Brisbane Avenue and Cleveland Avenue. Footpath planned in Stanley has been deferred and funding will be used for a path in Rothwell Avenue

§ Drainage

Contractors have been engaged for drainage works at 90 Babbage Road, Roseville Chase with works to commence pending completion of pre-construction dilapidation surveys. A number of minor drainage upgrade works have been completed.

§ Playgrounds

Park Avenue playground was opened to the public. Works at The Mall (Warrimoo Avenue) Shopping Centre playground area was completed early November.

For Bicentennial Park - Golden Grove Playground upgrade, works have been awarded to contractors and scheduled to commence 16 October.

§ Sports Fields

Morona Avenue – synthetic grass replacement RFQ being prepared, works expected to done in early 2018

§ Sports Courts

Delivery of a basketball area at Queen Elizabeth Reserve, work to be in conjunction with acrylic works at The Glade and Loyal Henry, with an expected completed 31 October.

For planned re-sheeting at Lofberg netball courts, a review of various design options is still in progress. Slip testing complete. Results will assist in final design and works program.

§ North Turramurra Recreation Area

§ Work on the sports field car park is completed and opened for use in September 2017.

§ Additional landscape works, fencing and barriers as well as vehicle entry drive for maintenance was identified, costed and budgeted to complete all works.

Strategy Projects

Updates of significant projects are provided below:

§ Lindfield Village Green

Lindfield Village Green will become a public open space, located in Council’s Tryon Road car park on the eastern side of Lindfield behind the Lindfield Avenue shops. The existing at grade car park will be relocated underground and the new Village Green built on top.

Lindfield Village Green will include a public plaza, underground public car parking, a new café or restaurant, public seating, toilets and a lift connecting to the basement car park. The development will meet the highest standards of design excellence and sustainability.

After the Council approved a ‘preferred’ concept design option in 2015, a ‘Final’ concept design was progressed and approved by Council in September 2016. In December 2016 a Development Application for the project was lodged and was subsequently approved in October 2017.

We anticipate that construction on the project will commence late in 2018. Construction of the car park should take approximately 12 months with the new parkland and facilities opening shortly afterwards toward the start of 2020.

The project has progressed generally as per the previously advised timeframes. Please note these are approximate and may change.

§ Development application submission – December 2016

§ Development application approval – October 2017

§ Detailed design – commence early 2018

§ Construction – commence late 2018

§ Lindfield Village Green opens to public – early 2020

§ Lindfield Community Hub

The Lindfield Community Hub will be located on the western side of the Lindfield Town Centre between Beaconsfield Parade and Bent Street; the project has an estimated construction cost of approximately $150 million. The site is 1.3 hectares in area and is currently a Council owned carpark, which will be redeveloped to deliver a new mixed use precinct with community buildings, parks, boutique shops, cafes, restaurants, apartments and a below-ground supermarket.

On 24 November 2016 Council received formal notification of the final assessment of the Initial Project Proposal from OLG’s Project Review Committee (PRC). The assessment noted the Project varies in a significant manner when compared to the Project defined by the Council resolution of the Ordinary Meeting of Council on 6 October 2015.

As a result, the Project parameters have been further evaluated and refined in accordance with the OLG PPP Guidelines. Consequently the basis of the original legal advice has evolved such that procurement and delivery of the Project as a PPP is no longer considered appropriate or valid. In May 2017 Council resolved to proceed with procurement and delivery of the Lindfield Community Hub project in accordance with Section 55 of the Local Government Act and not to proceed with a PPP as described in 400C of the Local Government Act 1993; and that the OLG is notified of Council’s decision accordingly.

A comprehensive internal consultation programme is being undertaken via Project Advisory Groups (PAGS) to inform the development of a Project Technical Brief. In addition Council has engaged a number of specialist consultants to provide advice on requirements for elements of the project. During the review process aspects of Council’s mandatory requirements have been tested and found to require minor amendments. These minor amendments were reported to Council on the 27^th June 2017.

Over the last 6 months the Project team have engaged industry experts CBRE to prepare an Asset Management Strategy for the project to provide technical and commercial advice on all aspects of the financial viability, legal structuring, design and whole-of-life costings.

§ Gordon Cultural and Civic Hub Master Plan

In February 2016 Council resolved to defer the Gordon Cultural and Civic Hub Master Plan until broader strategic matters arising from the NSW Government merger proposal had been resolved. The project was subsequently placed on hold through 2016. In November 2016 Council reviewed this decision and resolved to recommence the master planning process and to exhibit master plan options. Planning work recommenced in early 2017 and since that time staff have developed a number of preliminary options in association with feasibility consultants and traffic consultants. An internal review will be completed prior to reporting the options to Council.

§ Turramurra Community Hub

The Turramurra Community Hub will be located in the area between the railway line, Ray Street and the Pacific Highway, Turramurra (also known as the Ray Street Precinct). The site is in area and makes up roughly one third of the combined area of the Turramurra Local Centre. The master plan proposes a rejuvenated civic precinct and community heart for Turramurra including a new branch library; multi-purpose community facility; parkland and town square; as well as a new full-line supermarket and associated speciality & leisure retail.

Economic and cost consultants are preparing a financial appraisal and preliminary business case in line with LGA and NSW Treasury guidelines for capital business cases. The preliminary business case will be presented to Council in Q1 2018. Following approval of the preliminary business case, the full business case will be prepared.

At the appropriate time, a negotiation strategy for Coles will be developed. A negotiator will be appointed by Council to undertake discussions with Coles. At this stage it is anticipated that the timing of negotiations with Coles will occur after the approval of the full business case and prior to the Expression of Interest for a Delivery Partner. This timing is subject to legal, procurement, probity and risk advice which will be completed as part of the full business case.

§ Ku-ring-gai Fitness & Aquatic Centre

In late 2015 Council received a “Notice of Dispute” pertaining to alleged delay costs suffered by the contractor during construction. This was reported to Council at the time and three times more recently. Actions as per numerous Council resolutions have been enacted. Meanwhile, Council is working through the dispute resolution process as per the contract. The Arbitrator has been appointed and the Contractor has submitted their evidence. Council has submitted its Points of Defence and Cross Claim.

At the most recent case management conference Ichor were successful in having the hearing set aside to March 2018 to allow them to carry out further discovery and prepare their case further.

§ St Ives Village Green Master Plan

A final concept design for a new recreation precinct was adopted by Council in 2016.

The adopted design includes a new children’s play space and a skate area, with a central promenade linking facilities with the surrounding park. New paths, seating, shelters, lighting, picnic facilities, shade tree planting and landscaping are also planned, together with improvements to the existing public toilets and the St Ives youth centre.

Consultants are continuing with design development and detailed documentation of the new recreation precinct based on additional community feedback. An Expression of Interest will be called for the construction of the skatepark component in late 2017 and it is anticipated that construction will commence by mid-2018 following a public tender process and reporting to Council.

Future works will see the progressive implementation of the master plan (subject to Council approval for each component), including improved car parking arrangements in Cowan Road and Memorial Avenue, a perimeter exercise path, terraced seating around William Cowan Oval, and the eventual relocation of the tennis courts to be adjacent to the bowling club.

§ Koola Park Redevelopment, East Killara

Koola Park Stage 3 construction works were completed in late 2016, this included the installation of field fencing; the commissioning of irrigation, drainage and floodlights; and the growing in and establishment of the grass playing surface and the turf cricket wicket. Stage 4 early works including the new perimeter pathway and exercise stations, were also completed and the park is now available for use.

Detailed planning and design for the balance of Stage 4 works including proposed improvements to car parking and the internal access road are progressing There are ongoing discussions with major stakeholders including Crown Lands, Lindfield Junior Rugby Club, NSW Rural Fire Service, Scouts Australia NSW and Killara High School regarding future use of parts the site.

§ The Mall Shops, Warrimoo Avenue St Ives

An upgrade of The Mall Shops has been identified as a priority project, and detailed documentation was completed in 2016 for a range of proposed improvements aimed at revitalising the shops and increasing access to the adjoin park. Unfortunately, Council has experienced difficulty in sourcing suitable contractors and this has delayed works.

Following an unsuccessful tendering process in December 2016, the project was divided into five works packages to facilitate construction. Contractors were subsequently appointed and construction commenced in mid-2017. The first two works packages are now well advanced with completion of the remaining works planned by the end of 2017

The centre will remain open during the proposed works which are not expected to significantly affect the normal running of businesses.

§ Future Park Cnr Allan Avenue, Duff St & Holmes St, Turramurra

To date work on Council’s future park development has included detailed concept design and community engagement.

Surrounding residents were invited to complete an online survey to help guide the design of the new park. An inclusive playspace design workshop was also held to draw on the communities experience to establish practical, accessible and inclusive design outcomes for the park. Council’s goal is to create an attractive and engaging community recreation place for everyone in the local community to enjoy. It will be designed as a place for meeting, relaxing, playing and undertaking activities for health and well-being and will cater for the local neighbourhood and the growing residential community.

Detailed planning and design for the proposed playground and park was undertaken during 2017 and the community was invited to comment on the draft concept plan during an exhibition period in August 2017. The concept plan is currently being refined to incorporate community feedback received. It is anticipated that construction will commence late 2018 following the public tender process and reporting to Council.

§ St Ives Showground Inclusive Playground

Council is planning a playground upgrade at St Ives Showground to address the lack of play facilities at this important site, and to enable more effective public use of the Showground which is regionally significant open space.

The additional play area will improve the opportunities for inclusion and recreation for a wide range of visitors to the St Ives Showground, in response to increasing population growth. Funding for the playground upgrade has been assisted by the NSW Department of Planning and Environment through the Metropolitan Greenspace Grant Program and Crown Lands through the PRMF program.

A playground concept design was prepared by specialist playground designers, together with Council’s landscape architects and other technical staff, with community consultation undertaken prior to Council’s adoption of a playground masterplan in late 2016.

Design development has been guided by site specific environmental constraints including issues relating to heritage, access, arboriculture, drainage and traffic. Key feature items of play equipment have been pre-ordered and the preparation of project documentation for tender is ongoing. It is anticipated that construction will commence by mid 2018 following completion of environmental reviews, public tendering and reporting to Council.

§ Other Playgrounds

A number of other new park playspace designs and playground upgrades were progressed during the September quarter.

Construction was completed at Park Avenue Playground (Roseville Chase) and it was opened to the public in September 2017.

Construction has commenced on the Golden Grove playground upgrade at Bicentennial Park (West Pymble). The upgrade of the playground will ensure it remains an engaging play experience that children and carers of all ages and all abilities are able to enjoy. Construction is due to be completed by mid-2018, weather permitting.

Preparation of concept design plans is underway for the proposed park and playground upgrade at Putarri Reserve (St Ives). In September 2017, surrounding residents were invited to complete an online survey to help guide the design of the park. Feedback from this survey will help inform the concept plan which is scheduled to be exhibited for further community consultation in mid-2018.

Statement by Responsible Accounting Officer

It is my opinion the Quarterly Budget Review Statement for Ku-ring-gai Council for the quarter ended 30 September 2017 indicates that Council’s projected financial position at 30 June 2018 will be satisfactory, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

One of Council’s key performance indicators in the Long Term Financial Plan (LTFP) is to provide for a minimum available working capital balance of $4.8m. As a result of the September Review the forecast of available working capital at 30 June 2017 will remain at $4.8m, in line with the Long Term Financial Plan target.

integrated planning and reporting

Theme 6: Leadership and Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

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

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

FIT FOR THE FUTURE IMPROVEMENT ACTION PLAN

The NSW Government's Fit for the Future initiative required all councils to prepare an Improvement Proposal and supporting Implementation Plan demonstrating how all seven Fit for the Future benchmarks would be met by 2017/18, and maintained or improved thereafter.

Council's Fit For the Future Improvement Proposal and supporting Implementation Plan underpins the decision to stand alone and not merge with Hornsby Council. The objectives established in the Improvement Proposal and Implementation Plan are embedded in Council's adopted Integrated Planning and Reporting documents including the Revised Delivery Program 2013-2017 and Operational Plan 2017-2018, Long Term Financial Plan 2015/16 to 2024/25 and Asset Management Strategy 2015/16 to 2024/25.

*SUSTAINABILITY*
Manage financial performance to achieve Financial Sustainability targets identified in the LTFP	Achieve Operating surplus before capital income items to fund capital expenditure: · Monitor Operating Expenditure and Revenue against budget on a monthly basis · Report on budget variations to senior management on a monthly basis and quarterly to Council	Monthly Reporting to Senior Management Quarterly reporting to Council	Operating Surplus achieved	Actuals meet budget and LTFP target	L2.1.1 Council maintains and improves its long term financial position and performance

SUSTAINABILITY

Objective

Action

Timeframe

Target

Measure

Link to Term Achievement

Manage financial performance to achieve Financial Sustainability targets identified in the LTFP

Achieve Operating surplus before capital income items to fund capital expenditure:

· Monitor Operating Expenditure and Revenue against budget on a monthly basis

· Report on budget variations to senior management on a monthly basis and quarterly to Council

Monthly Reporting to Senior Management

Quarterly reporting to Council

Operating Surplus achieved

Actuals meet budget and LTFP target

L2.1.1

Council maintains and improves its long term financial position and performance

Under Sustainability of the Improvement Action Plan, Council will monitor financial performance on a monthly and quarterly basis and aim to achieve an operating surplus before capital items to fund capital expenditure. The target is to achieve operating surplus and meet targets identified in the Annual Budget and Long Term Financial Plan. The forecast results of the September Quarterly Budget Review 2017 -2018 indicate that Council will achieve these targets by the end of the current financial year. Council achieved operating surpluses for the past 5 years.

Governance Matters

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

Risk Management

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

Financial Considerations

Budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1,398m compared to revised budget. When excluding capital income, the net operating result will decrease by $89k.

The forecast working capital balance at 30 June 2018 is projected to remain in line with the Long Term Financial Plan target as shown below.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

Finance met with each Director and managers as part of the Quarterly Business Review to ensure departmental budget target reflects current forecasts. Comments from Directors have also been included as part of this report.

Summary

The recommended budget adjustments proposed in this review will increase the forecast operating surplus (including capital items) by $1,398m compared to revised budget. This is primarily due to increased rates, capital grants, user fees and other revenue partly offset by increases in expenditure. When excluding capital income, the net operating result will decrease by $89k, primarily due decreased operating grants income partly offset by decreased depreciation.

The forecast working capital balance as at 30 June 2018 will remain at $4.8m, in line with the long term financial plan target.

Recommendation:

That the September 2017 Quarterly Budget Review and the recommended changes are received and noted.

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:	A1	Attachment A1 - Restricted Assets Report - September 2017		2017/315946
	A2	Attachment A2 - Summary of Capital and Operational Projects Budget Adjustments - September 2017		2017/317105

Ordinary Meeting of Council - 28 November 2017	GB.2 / 71

Item GB.2	S05273
	18 October 2017

Ordinary Meeting of Council - 28 November 2017	GB.3 / 78

Item GB.3	S05273
	27 October 2017

Land & Environment Court Costs 2014/2015 - 2017/2015
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter September*	*4th quarter June*
2014/2015* (31 appeals lodged)	$1,153,612	$186,803	$407,603	$194,103	$365,103
2015/2016 (38 appeals lodged)	$1,256,887	$264,263	$290,099	$303,122	$399,403
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter September*	*4th quarter June*
2016/2017 (41 appeals lodged)	$1,054,747	$202,574	$196,949	$285,681	$369,543
2017/2018 (12 appeals lodged)	$221,520	$221,520

Ordinary Meeting of Council - 28 November 2017	GB.4 / 84

Item GB.4	CY00546
	20 November 2017

Attachments:	A1	Minutes of the Ku-ring-gai Finance Committee held 20 November 2017		2017/327690
	A2	Ku-ring-gai Finance Committee Terms of Reference		2017/327689

Financial year	Number of appeals received (whole year)
2013/2014	16
2014/2015	31
2015/2016	38
2016/2017	41
2017/2018 (as at 30 Sep 2017)	12

Ordinary Meeting of Council - 28 November 2017	GB.5 / 87

Item GB.5	S09569-2
	25 October 2017

Attachments:	A1	Council Report and Resolution 7 February 2017	2017/257063
	A2	Exhibited - Draft DCP Part 14B Turramurra Local Centre & Draft Part 14R.4 Turramurra Masterplan	2017/322998
	A3	Submission to exhibition	2017/321028
	A4	Table of Amendments Post Exhibition Draft Ku-ring-gai Local Centres Development Control Plan Amendment to Part 14B Turramurra Local Centre	2017/322967
	A5	Post-exhibition amended – Final Draft Part 14B Turramurra Local Centre and Draft Part 14R.4 Turramurra Masterplan with amendment from Council Resolution 17 Feb 2017	2017/323005

Ordinary Meeting of Council - 28 November 2017	GB.6 / 93

Item GB.6	S10840
	9 November 2017

Attachments:	A1	Tender Evaluation Report		Confidential
	A2	Attachment to Tender Evaluation Report - Detailed financial and performance assessment		Confidential

Ordinary Meeting of Council - 28 November 2017	GB.7 / 98

Item GB.7	S02294
	6 November 2017

Ordinary Meeting of Council - 28 November 2017	GB.8 / 104

Item GB.8	S11471
	8 November 2017

Attachments:	A1	Ku-ring-gai Council Pricing Analysis		Confidential
	A2	NSROC Tender Evaluation Committee Report		Confidential

Ordinary Meeting of Council - 28 November 2017	NM.1 / 109

Item NM.1	S11736
	15 November 2017

Ordinary Meeting of Council - 28 November 2017	NM.2 / 110

Item NM.2	S02294
	21 November 2017