Agenda of Ordinary Meeting of Council - Tuesday, 18 April 2023

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 18 April 2023 AT 7:00PM

Level 3, Council Chamber

Agenda

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

https://www.krg.nsw.gov.au under the link to business papers

The Livestream can be viewed here:

https://www.krg.nsw.gov.au/Council/Council-meetings/Council-meeting-live-stream

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

In accordance with clause 3.23 of the Model Code of Meeting Practice, Councillors are reminded of the oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Please refer to Part 4 of Council’s Code of Conduct for Pecuniary Interests and Part 5 of Council’s Code of Conduct for Non-Pecuniary Interests.

The Oath or Affirmation taken is as below:

Oath:

I [name of Councillor] swear that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

Affirmation:

I [name of Councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of the Ku-ring-gai Local Government area and the Ku-ring-gai Council, and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.

APOLOGIEs

DECLARATIONS OF INTEREST

Documents Circulated to Councillors

Confirmation of Reports to be Considered in Closed Meeting

NOTE:

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

CONFIRMATION OF MINUTEs

Minutes of Extraordinary Meeting of Council 8

File: S02131

Meeting held 16 March 2023

Minutes numbered 26 to 26

Minutes of Ordinary Meeting of Council 11

File: S02131

Meeting held 21 March 2023

Minutes numbered 27 to 42

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 Multicultural Advisory Committee Meeting 20 February 2023
Minutes from Meeting 24

File: S04141

For Council to consider and adopt the minutes from Multicultural Advisory Committee meeting held on 20 February 2023.

Recommendation:

That Council adopt the minutes of the Multicultural Advisory Committee held on 20 February 2023.

GB.2 Resourcing Strategy 2023-2033, Delivery Program 2022-2026 and Operational Plan 2023-2024 31

File: FY00382/15

To obtain Council’s endorsement to place the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 (incorporating the budget, capital works and fees and charges for 2023-2024) on public exhibition.

Recommendation:

That Council:

A. endorse the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 (including Fees and Charges 2023-2024) for public exhibition for 28 days.

B. note that a report will be provided to Council in June 2023 for further consideration of any submissions and adoption of the plans.

C. note that the scenarios for special rate variations are preliminary examples only, based on the recommendations of the Financial Sustainability Review. These scenarios are likely to change based on further analysis, future decisions by Council and extensive community consultation before settling on a way forward and making an application to IPART.

GB.3 Investment Report as at 31 March 2023 360

File: FY00623/5

To present Council’s investment portfolio performance for March 2023.

Recommendation:

That the summary of investments performance for March 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

GB.4 St Edmund’s College Community Fundraising Event 367

File: S11703/5

To advise Council of the opportunity to purchase tickets for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out: Time to Shine) on 3 June 2023.

Recommendation:

That:

A. Council decides whether to purchase a sponsorship package for St Edmund’s College’s community fundraising event (Eddie’s Big Night Out); and

B. If supported, that Councillors interested in attending advise the General Manager by 21 April 2023.

GB.5 Project Status Report - March 2023 370

File: FY00621/5

To provide Council with the Project Status Report reflecting results for January, February, and March 2023.

Recommendation:

That Council receive and note the Project Status Report for March 2023.

GB.6 Marian Street Theatre - Project Update 377

File: S12062-3

To review the intention to proceed with the Marian Street Theatre project as recommended by the January 2023 Financial Sustainability Review (FSR).

Recommendation:

That Council notes that due to the lack of an identifiable funding strategy to replace asset sales as a means of funding the Marian Street Theatre upgrade the project will not commence in the 2022/2023 financial year and that the Delivery Program Term Achievement “P7.1.2: The renewal of Marian Street Theatre is substantially completed” will not be achieved given the time required to recommence the project.

That Council further notes that future funding for the project could be from a special rates variation, possibly taking effect on 1 July 2025 if this is supported by Council and approved by IPART.

That Council notes that development consent for the Marian Street Theatre upgrade will lapse in August 2026 in the event substantial commencement is not achieved.

GB.7 Car Share Policy - Post exhibition 385

File: S02527

To consider submissions to the exhibition of the draft Car Share Policy.

Recommendation:

That the recommended amendments be made to the draft Car Share Policy and be adopted, and that Council call for Expressions of Interest from fixed-space car share providers.

GB.8 Active Transport Reference Committee - recruitment of members 405

File: S02696

To consider nominations for community representatives to the Active Transport Reference Committee.

Recommendation:

That Council appoint members to the Active Transport Reference Committee as outlined in this report.

Extra Reports Circulated to Meeting

Motions of which due Notice has been given

NM.1 Lindfield Village Hub site - Analysis of trees and habitat 411

File: S10973

Notice of Motion from Councillors Smith and Pettett dated 31 March 2023

As Ku-ring-gai Council plans to potentially build its largest ever major project being the Lindfield Village Hub on the site of the car park at Woodford Lane, Lindfield, it is important to the community that they are informed of what is being lost on this site. Over 40 trees are to be removed resulting in the potential loss of a number of critically endangered trees as well as native habitat. It is important to do this assessment now rather than later so that councillors and the community are aware of what is onsite in order to assess whether they feel this project is appropriate or not at this location. The project is no longer a self-funding project as it appears to require at least one additional asset sale, being the sale of the old library site, to make up for the shortfall of funds.

In Ku-ring-gai we have seen a rise in illegal tree removal and destruction, and it is important that Council takes the lead in ensuring that we do our best to preserve the tree canopy we do have.

We, therefore, move:

That a report to Council be prepared to include but not be limited to the identification and cataloguing of the trees and habitat onsite and the opportunities to relocate or use in any subsequent redevelopment of this site

Recommendation:

That the above Notice of Motion as printed be adopted.

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

Questions With Notice

InspectionS– SETTING OF TIME, DATE AND RENDEZVOUS

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Minute Ku-ring-gai Council Page

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 21 March 2023

Present:

The Mayor, Councillor J Pettett (Chairperson)

Councillor G Taylor (Comenarra Ward)

Councillors S Lennon & B Ward (Gordon Ward)

Councillors S Ngai & A Taylor (Roseville Ward)

Councillors C Kay & M Smith (St Ives Ward)

Councillor C Spencer & K Wheatley (Wahroonga Ward)

Staff Present:

General Manager (John McKee)

Director Community (Janice Bevan)

Director Corporate (David Marshall)

Director Development & Regulation (Michael Miocic)

Director Operations (George Bounassif)

Director Strategy & Environment (Andrew Watson)

Corporate Lawyer (Jamie Taylor)

Manager Corporate Communications (Virginia Leafe)

Manager Governance and Corporate Strategy (Christopher M Jones)

Governance Support Officer (Nicole Kratochvil)

Group Lead Major Projects (Geoffrey Douglas)

The Meeting commenced at 7:00PM

The Mayor offered the Prayer

The Mayor acknowledged Harmony Day and invited Councillors to speak to the event.

DECLARATIONS OF INTEREST

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

No Interest was declared.

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Memorandums:

Correction to Minutes of Extraordinary Meeting of Council – 16 March 2023

Memorandum from Manager Governance and Corporate Strategy to Councillors, General Manager and Directors regarding a correction to the minutes of the Extraordinary Meeting of council held on 16 March 2023 for GB.1.

GB.9 Post Exhibition Report for the s7.12 Local Levy
Contributions plan 2023 - submission

Memorandum from Director Strategy & Environment dated 16 March 2023 to the Mayor, Councillors and General Manager with a redacted copy of the sole community submission received during the exhibition of the draft s7.12 local levy contributions plan between 3 February 2023 and 3 March 2023.

C.1 Review of the HOA – Ku-ring-gai High School
Joint Use Project and latest Project Budget

Memorandum from Director Strategy & Environment dated 14 March 2023 to the Mayor, Councillors and General Manager with correspondence from Northern Suburbs & Beaches Hockey Association (NSBHA) raising a number of issues. Council and SINSW subsequently responded to each item as per the Confidential table (attached in the memorandum).

QN.1 Illegal Tree Removal

Memorandum from Director Operations to the Mayor, Councillors, General Manager and Directors in relation to question with notice on illegal tree removal.

CONFIRMATION OF REPORTS AND ATTACHMENTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499/9

Resolved:

(Moved: Councillors Smith/Wheatley)

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

C.1 Review of the HOA - Ku-ring-gai High School Joint Use Project

In accordance with 10A(2)(d)(i), (d)(ii) and (e):

Attachment 1: Heads of Agreement - Joint Use - Ku-ring-gai Council and NSBHA

Attachment 2: Ku-ring-gai Hockey final Otium report - November 2021

Attachment 3: Parking Demand Assessment

Attachment 4: Minter Ellison Draft Risk Review

Attachment 5: Cost Estimate 2 (Rev 1) - Blue Stone October 2022

Attachment 6: Review of OPC Cost Estimate

Attachment 7: Original carpark design

Attachment 8: Heritage advice

Attachment 9: Civil Drawings

Attachment 10: School carpark

C.2 Preliminary Heritage Assessment

In accordance with 10A(2)(e):

Attachment 1: Preliminary Heritage Assessment - 17A Edward Street, Gordon
- Feb 2023

Attachment 2: Heritage Impact Statement - 17A Edward Street Gordon - 2022

CONFIRMATION OF MINUTEs

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 14 February 2023

Minutes numbered 01 to 25

Resolved:

(Moved: Councillors Ward/Wheatley)

That Minutes numbered 01 to 25 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

GENERAL BUSINESS

Turramurra Community Hub Update

File: S11467-10

Vide: GB.1

To provide an update on the Turramurra Community Hub

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That the Turramurra Community Hub update report be received and noted.

B. That a further update report be brought back to Council no later than the third quarter of 2023.

CARRIED UNANIMOUSLY

2023 National General Assembly of Local Government - Proposed Motion on Development Assessment Fees

File: S02133

Vide: GB.2

To submit a motion for debate to the 2023 National General Assembly of Local Government (NGA).

Resolved:

(Moved: Councillors Spencer/Lennon)

That:

A. Councillors approve the attached motion for the 2023 NGA (see Attachment A1) prior to submission to the ALGA.

B. If the motion is accepted by ALGA, that the Mayor (or a councillor nominated by the Mayor) attend the NGA to move and speak to the motion if required.

CARRIED UNANIMOUSLY

Councillor Expenses and Facilities Policy

File: CY00473/10

Vide: GB.3

To provide Councillors with the final version of the updated Councillor Expenses and Facilities Policy.

Resolved:

(Moved: Councillors Spencer/Lennon)

That Council receive and note the final version of Councillor Expenses and Facilities Policy (Attachment 1) prior to publication.

CARRIED UNANIMOUSLY

Review of Council's Privacy Management Plan

File: CY00473/10

Vide: GB.4

To seek Council’s endorsement for the public exhibition of an updated Privacy Management Plan for Ku-ring-gai Council.

Resolved:

(Moved: Councillors Spencer/Lennon)

That Council:

A. Exhibit the draft Privacy Management Plan for a period of 28 days. If any submissions are received, that the matter be reported back to Council after the consultation period. If no submissions are received, that Council adopt the draft Plan as attached to this report.

B. Send a copy of the adopted Privacy Management Plan to the NSW Privacy Commissioner.

CARRIED UNANIMOUSLY

Delivery Program 2022-2026 and Operational Plan 2022-2023: December 2022 Biannual report

File: FY00382/15

Vide: GB.5

To report to Council on the progress of the Delivery Program 2022-2026 and Operational Plan 2022-2023, for the six-month period July to December 2022.

Resolved:

(Moved: Councillors Spencer/Lennon)

That the report on the six-monthly progress review of the Delivery Program 2022-2026 and Operational Plan 2022-2023 for the period July to December 2022 be received and noted.

CARRIED UNANIMOUSLY

Investment Report as at 28 February 2023

File: FY00623/5

Vide: GB.6

To present Council’s investment portfolio performance for February 2023.

Resolved:

(Moved: Councillors Spencer/Lennon)

That:

A. The summary of investments and performance for February 2023 received and noted.

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

CARRIED UNANIMOUSLY

Safety Concerns referred by Fire & Rescue NSW - 950 Pacific Highway Pymble

File: ES1483

Vide: GB.7

Section 9.32(4) of the Environmental Planning and Assessment Act 1979 requires the Commissioner of the NSW Fire Brigade to supply councils with the findings of any inspection carried out in the council area. The EP & A Act then requires that the findings of any inspection report be tabled at a meeting of the full council to determine whether to issue a Fire Safety Order. The purpose of this report is to inform Council of the findings of the inspection undertaken by Fire & Rescue New South Wales (FRNSW) of the Bunnings Warehouse building located at 950 Pacific Highway, Pymble which determined that some fire protection measures were inadequate for Fire and Rescue’s use and to seek Council’s endorsement to serve a Fire Safety Order.

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That Council, pursuant to Section 9.34 (1)(b)of the Environmental Planning & Assessment Act, 1979 resolves to serve an order, listed in Schedule 5 - Part 2 (1) of ‘the Act’, on the owners of No 950 Pacific Highway Pymble, (Potpora Pty Ltd) to undertake works so as to bring the premises into compliance with the Order and ensure the safety of the occupants of the building and integrity of the structure is maintained and in this regard grant delegated authority to the Director Development & Regulation after having first served a Notice of Intention to serve an Order to the owners of the premises, to serve an order.

B. Pursuant to Schedule 5, Part 8 – Section 17(4) of the Environmental Planning and Assessment Act 1979, a copy of the notice of the determination in respect of A above is provided to the Commissioner of New South Wales Fire Brigades.

CARRIED UNANIMOUSLY

Bobbin Head Road North Turramurra - proposed 2-way separated cycleway

File: S02777/17

Vide: GB.8

To obtain Council’s endorsement to develop plans for a separated cycleway on Bobbin Head Road between Burns Road and Milton Road, North Turramurra.

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That Council endorse the proposal develop plans for a separated cycleway on Bobbin Head Road North Turramurra between Burns Road and Milton Road, as part of Transport for NSW’s 2022/2023 Get NSW Active Program.

B. That Transport for NSW be notified of Council’s decision.

CARRIED UNANIMOUSLY

Post exhibition report of the s7.12 local fixed development consent levy contributions plan

File: S12472

Vide: GB.9

For Council to consider the draft Ku-ring-gai s7.12 Local Levy Contributions Plan 2023, following its statutory exhibition for public comment

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That the draft Ku-ring-gai s7.12 Local Levy Contributions Plan 2023, being a fixed development consent levy contributions plan under Division 7.1 of the Environmental Planning and Assessment Act 1979, be formally adopted.

B. That delegation be granted to the General Manager to make any typographical changes of an explanatory or clarifying nature to the draft Contributions Plan that do not alter the overall intent of the s7.12 Contributions Plan as reported to Council and to give effect to the resolution.

CARRIED UNANIMOUSLY

Single-use Plastics Policy - revision

File: CY00441/11

Vide: GB.10

For Council to adopt the revised Single-use Plastic Policy and Sustainable Event Management Policy, with minor amendments.

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That Council adopt the revised Single-use Plastic Policy and Sustainable Event Management Policy, with minor amendments for a further 4 years.

B. That the revised Single-use Plastic Policy and Sustainable Event Management Policy are placed on Council’s website.

CARRIED UNANIMOUSLY

Minutes of Heritage Reference Committee of 16 February 2023

File: CY00413/11

Vide: GB.11

To have Council consider the minutes from previous Heritage Reference Committee (‘HRC’) meeting held on 16 February 2023.

Resolved:

(Moved: Councillors Spencer/Lennon)

That Council receive and note the HRC minutes from the meeting held on 16 February 2023.

CARRIED UNANIMOUSLY

Kissing Point Road Turramurra - Proposed Shared User Path

File: S13979

Vide: GB.12

To obtain Council’s endorsement to develop plans for a shared user path on Kissing Point Road, Turramurra, between Pacific Highway and Catalpa Crescent.

Resolved:

(Moved: Councillors Spencer/Lennon)

A. That Council endorse the development of a concept/detailed design for shared user path on Kissing Point Road Turramurra between Pacific Highway and Catalpa Crescent.

B. That Transport for NSW be notified of Council’s decision.

CARRIED UNANIMOUSLY

QUESTIONS WITH NOTICE

Update on measures to reduce illegal tree removal in
Ku-ring-gai

File: CY00142/15

Vide: QN.1

QUESTION:

Question from Cr Alec Taylor dated 3 March 2023

At the Ordinary Meeting in August 2022 Council resolved:

To enhance current measures for pursuing investigations and preventing illegal tree/vegetation removal through community education.

Resolved:

(Moved: Councillors Spencer/A. Taylor)

That Council:

A. Write to the Minister for Planning and Environment to lobby for an increase in penalties.

B. Mandate the display of tree application permits at the front of the subject property whilst works are being undertaken.

C. Increase community education regarding illegal tree work, Council’s online approval portal and the significance of the visibility of tree application permits.

D. Increase contractor education regarding Council’s Tree and Vegetation Preservation DCP.

E. Continue to seek legal advice to issue Penalty Infringement Notices for multiple tree breaches on one site.

CARRIED UNANIMOUSLY

QUESTION:

Could the General Manager please advise progress on these resolutions, and particularly the opportunity to issue multiple tree breaches on one site?

Could the General Manager also please advise whether any other opportunities to pursue investigations or prevent illegal tree removal are being considered?

ReSPONSE:

Response from Director Operations:

A. The letter was sent to Minister for Planning and Environment. A response was received on 20 February 2023 advising that the department would contact Council’s Tree Management Coordinator to discuss the issues raised and whether any changes to the current regulatory settings such as penalties, or more detailed policy guidance, may be appropriate.

B. The mandating to display tree permits has been implemented as a condition of consent. The permit now includes a QR code that is linked to the breach website.

C. Recent educational material has been included on council’s website and through recent rates notices.

D. Council’s Tree Management Section has contacted the Tree Contractors Association, which is the peak body for operational tree workers to advise on recent changes on Council’s website regarding tree management. The team has also been undertaking searches of contractor websites where obvious misinformation surrounding Council’s Tree and Vegetation DCP is recognised. Contact is then made to the respective contractors highlighting the misinformation.

E. Council has received legal advice that it is possible where there is sufficient evidence to issue multiple Penalty Infringement Notices. As a result, this has led to numerous instances where this has now occurred.

In relation to other measures or deterrents, Council has begun hard framing trees that have been poisoned on council land with the intention of retaining these trees as habitat. The intention is to send a message that even if a tree is poisoned, they will be retained for habitat if they are safe. Examples include 43 Lucinda Avenue Wahroonga and 80 Bannockburn Road Pymble (Rushall Street frontage). This is restricted to council land only and where it is safe to do so.

Preliminary Heritage Assessment

File: S14078

Vide: C.2

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2)(e), of the Act, and should be dealt with in a part of the meeting closed to the public.

Section 10A(2)(e) of the Act permits the meeting to be closed to the public for business relating to information that would, if disclosed prejudice the maintenance of law.

This matter is classified confidential under section 10A(2)(e) because it

It is not in the public interest to release this information as it would prejudice the maintenance of law.

Report by Director Strategy & Environment dated 23 February 2023

Resolved:

(Moved: Councillors Spencer/Lennon)

Council resolves to proceed in the manner outlined in this report.

CARRIED UNANIMOUSLY

Review of the HOA - Ku-ring-gai High School Joint Use Project

File: S13203

Vide: C.1

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2021, 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)(d)(ii) & 10A(2)(e), 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.

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.

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.

Section 10A(2)(e) of the Act permits the meeting to be closed to the public for business relating to information that would, if disclosed prejudice the maintenance of law.

This matter is classified confidential under section 10A(2)(e) because it

It is not in the public interest to release this information as it would prejudice the maintenance of law.

Report by Director Strategy & Environment dated 14 February 2023

Resolved:

(Moved: Councillors Lennon/Spencer)

A. That staff provide a confidential report to Council on the results of the hockey tender process once completed and made available to council staff.

B. That the Review of the HOA - Ku-ring-gai High School Joint Use Project be brought to Council at the meeting following the report on the hockey tender process.

For the Resolution: The Mayor, Councillor Pettett, Councillors Kay, Lennon, Ngai, Smith, Spencer, Ward and Wheatley

Against the Resolution: Councillors A. Taylor and G. Taylor

CARRIED

The Meeting closed at 7:13pm

The Minutes of the Ordinary Meeting of Council held on 21 March 2023 (Pages 1 - 20) were confirmed as a full and accurate record of proceedings on 18 April 2023.

__________________________ __________________________

General Manager Mayor / Chairperson

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
C3.1: A community where opportunities are provided for all voices to be heard and where community stewardship, participation and engagement is supported and promoted. L3.1: The organisation is recognised and distinguished by its ethical decision making, efficient management, innovation and quality customer service.	C3.1.1 Enhance opportunities for social interaction to foster community participation, connectedness and a sense of pride in the community and local areas. L3.1.2: Council’s Governance framework is developed to ensure probity and transparency	C3.1.1.3: Resource and support volunteers by providing information, training and participation opportunities and recognising their contribution to the community. L3.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in accordance with relevant legislation, codes and guidelines.

Ordinary Meeting of Council - 18 April 2023	GB.2 / 1

Item GB.2	FY00382/15

Resourcing Strategy 2023-2033, Delivery Program 2022-2026 and Operational Plan 2023-2024

EXECUTIVE SUMMARY

purpose of report:	To obtain Council’s endorsement to place the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 (incorporating the budget, capital works and fees and charges for 2023-2024) on public exhibition.

background:	Under the Local Government Act Council is required to have an annual Operational Plan adopted before the beginning of each financial year, and to review its adopted Delivery Program and Resourcing Strategy when preparing the plan.

comments:	The revised Resourcing Strategy includes the Long Term Financial Plan, Asset Management Strategy and the Workforce Management Strategy. All three components have been reviewed and updated. The revised Delivery Program details Council’s commitments during its term. The Operational Plan contains the services, projects and programs to be undertaken by Council during the year.

recommendation:	That Council: A. endorse the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 (including Fees and Charges 2023-2024) for public exhibition for 28 days B. note that a report will be provided to Council in June 2023 for further consideration of any submissions and adoption of the plans. C. note that the scenarios for special rate variations are preliminary examples only, based on the recommendations of the Financial Sustainability Review. These scenarios are likely to change based on further analysis, future decisions by Council and extensive community consultation before settling on a way forward and making an application to IPART.

Purpose of Report

Background

In 2022 Council adopted a new suite of strategic plans that form the Integrated Planning and Reporting (IP&R) framework under the Local Government Act 1993. These documents include:

· Community Strategic Plan – Ku-ring-gai 2032;

· Delivery Program & Operational Plan; and

· Resourcing Strategy.

Council is required to have an annual Operational Plan adopted before the beginning of each financial year, and to review its adopted Resourcing Strategy and Delivery Program when preparing the plan.

The Resourcing Strategy is the link between the long-term Community Strategic Plan and the Delivery Program and details how the strategic aspirations of Ku-ring-gai can be achieved in terms of time, money, people and assets. It is designed to be a living document to reflect changing financial and asset information. Initiatives within the Resourcing Strategy are reviewed annually to ensure relevance in the changing environment and to respond to any changes in Council’s Delivery Program.

The Resourcing Strategy includes a 10-year Long-term Financial Plan, 10-year Asset Management Strategy and 4-year Workforce Management Strategy.

Development of the revised Delivery Program and draft Operational Plan has been informed by the community’s long-term objectives contained in the Community Strategic Plan, Council policies and strategies, prioritisation of capital works projects, service delivery requirements, income from external sources and fees and charges.

Once endorsed by Council the combined Delivery Program and Operational Plan must be placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback.

It is proposed to exhibit the revised Resourcing Strategy for 28 days concurrently with the Delivery Program and Operational Plan to provide the community with information on Council’s proposed long-term funding of capital works, services, asset renewal and maintenance as well as workforce resourcing requirements.

Comments

Resourcing Strategy

All three components of the Resourcing Strategy have been reviewed to incorporate updated asset, financial and workforce information. As required by the Act and IP&R framework, Council’s revised Resourcing Strategy is comprised of the following:

· Long Term Financial Plan 2023-2033 (Attachment A1)

· Asset Management Strategy 2023–2033 (Attachment A2)

· Workforce Management Strategy 2023-2027 (Attachment A3)

Long-Term Financial Plan (LTFP)

The first section of the Resourcing Strategy is Council’s Long Term Financial Plan (LTFP). The LTFP is Council’s 10-year financial planning document with an emphasis on long-term financial sustainability. Financial sustainability is one of the key issues facing local government due to several contributing factors including cost shifting from other levels of government, ageing infrastructure and constraints on revenue growth. A financially sustainable Council is one that has the ability to fund on-going service delivery and renew and replace assets without imposing excessive debt or rate increases on future generations.

This is an important document, which will test the community aspirations and goals against financial realities. Contained in this plan are:

· projected income and expenditure, balance sheet and cash-flow statements;

· assumptions used to develop the plan;

· sensitivity analysis – highlight factors most likely to affect the plan;

· financial modelling for different scenarios;

· methods of monitoring financial performance.

Asset Management Strategy (AMS)

The second part of the Resourcing Strategy deals with asset management planning, in particular Council’s Asset Management Strategy (AMS).

The AMS is supported by Asset Management Plans for each asset class. Together, these documents and supporting data and systems (including asset registers and technical databases) make up Council’s Asset Management Framework.

The revised AMS 2023-2033 provides information on how Council’s asset portfolio supports the service delivery needs of the community both now and over the next 10 years. It has been revised to align with Councils updated LTFP. The capital expenditure figures and the required renewal costs have been included in the AMS to establish Council’s funding gap for infrastructure assets.

The Asset Management Improvement Plan, which is included in the AMS, has also been updated to reflect progression and allocate responsibilities.

Council’s adopted Asset Management Policy, an overarching policy statement for asset management, will be reviewed during 2023-2024.

Asset Portfolio

As of 30 June 2022, Ku-ring-gai Council’s asset portfolio consists of a net carrying value over $2 billion of infrastructure, plant and equipment and land. Infrastructure assets include:

· roads and transport (roads, footpaths, kerb and gutters, car parks located at business; areas, road structure and street furniture, bridges);

· buildings (operational, community and commercial);

· stormwater drainage; and

· recreation facilities (sportsfields, parks, bushland).

Workforce Management Strategy (WMS)

The third component of the Resourcing Strategy is the Workforce Management Strategy (WMS). An effective WMS establishes a framework for building the capability of our workforce to provide Council with the people best able to inform its strategic direction, develop innovative approaches to complex issues, and deliver appropriate services effectively and efficiently.

The WMS provides a link between service and strategic objectives and associated workforce implications. In addressing the human capital requirements for Council’s Delivery Program, the WMS spans four years.

The WMS has been revised to reflect current workforce statistics and policies.

Delivery Program and Operational Plan

Attachment A4 provides a copy of the Revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 incorporating the Budget, Capital Works Program and Statement of Revenue Policy. Attachment A5 provides a copy of the draft Fees and Charges for 2023-2024, which is exhibited in a separate document.

The revised Delivery Program contains Council’s key activities or term achievements along with an Operational Plan that identifies the tasks and actions to be undertaken by the Council during 2023-2024. The Operational Plan has been developed under the same six (6) themes contained in the Community Strategic Plan and includes:

· Community, People and Culture

· Natural Environment

· Places, Spaces and Infrastructure

· Access, Traffic and Transport

· Local Economy

· Leadership and Governance

Preparation of the combined Delivery Program and Operational Plan document was informed by the following:

· A review of Council’s term achievements (with no changes proposed);

· Preparation of one year tasks representing Council’s services, identified major capital projects, a capital works program, operational projects and one off actions proposed for the year;

· implementation actions included in adopted Council policies and strategies as well as regional and state government strategies and legislation;

· a review of performance measures, established base line data and targets.

Organisational performance will be measured through progress of term achievements, completion of one year tasks and performance indicators under each theme, developed to provide both qualitative and quantitative information to Council and the community.

Roadmap to financial sustainability

The Financial Sustainability Review (see GB.3 from 14 February Council Meeting) made a series of recommendations to provide Council with a path to financial sustainability. This roadmap included the following:

Review of capital works program

The Financial Sustainability Review recommended that Council re-assess its capital works program to ensure it remains affordable and achievable. The capital works program has been updated in the draft DP&OP, LTFP and Asset Management Strategy. A more detailed review will be undertaken ahead of the development of the next (2024/25) Operational Plan.

Review of the section 7.11 contributions plan

The review recommended that the section 7.11 contributions plan be reviewed due to an expected reduction in the amount of future development. This will also entail reviewing the capital works program funded from contributions.

Asset condition review

The review recommended that Council undertake further work to confirm the condition of assets and backlog for roads, buildings and drainage. This may support the reallocation of funding between asset classes to where it is needed. Council is undertaking a detailed assessment of the condition of road assets and is continuing its CCTV inspection program of stormwater assets. Council is also undertaking a functional assessment of building assets and developing an improvement priority program. This work is expected to be substantially completed before the end of 2023.

Fees and charges

The review recommended that Council consider alternative funding strategies to reduce reliance on rates, including commercial lease returns and increasing revenue from fees and charges. Council has undertaken a review of golf course fees, and identified other services for further review, service costing and engagement with users for opportunities to increase fees in line with market rates and cost recovery principles.

Service reviews

The Financial Sustainability Review recommended that Council undertake a program of service reviews to identify ways to improve productivity, efficiency and effectiveness. Council is developing a service review program and best practice methodology, and two services will be identified (and published in the final DP&OP) for review by June 2024.

Special rates variation (SRV)

The review recommended that Council update its resourcing strategy and undertake to apply for a special rate variation.

Any decision to increase rates above the rate peg would be informed by comprehensive and targeted community consultation with ratepayers, stakeholder and community groups and in line with IPART and Office of Local Government guidelines. Further work is required on an engagement strategy, but it be expected to engage ratepayers on:

· why an increase in rates is required

· how much ratepayers would have to pay, capacity and willingness to pay

· other options Council is pursuing to increasing revenue, reduce costs and improve productivity

· what any increase in rates should be used for - to benefit the community.

Any decision about an increase in rates would also be informed by benchmarking against like councils, efforts to reduce reliance on rates through other means (as outlined above) and other external factors (eg. the projected impact of the rate peg).

Under the current roadmap, the next DP&OP and Long Term Financial Plan (to be exhibited in April 2024) would incorporate and address the need for a special rates variation, alternative funding scenarios and evidence that the community is aware of the need for and extent of a rate rise. Subject to the outcomes of community engagement and resolution of Council, Council would notify and submit an application to IPART in early 2025.

integrated planning and reporting

Theme 6 - Leadership

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
L1.1: A shared long-term vision underpins strategic collaboration and partnerships and builds leadership capacity.	L1.1.1: The priorities of our community, as reflected in the Community Strategic Plan, inform Council’s policy development, decision-making and program delivery.	L1.1.1.2: Develop and implement plans detailing how Council will deliver the Community Strategic Plan (including the Resourcing Strategy, Delivery Program and Operational Plan)

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

L1.1: A shared long-term vision underpins strategic collaboration and partnerships and builds leadership capacity.

L1.1.1: The priorities of our community, as reflected in the Community Strategic Plan, inform Council’s policy development, decision-making and program delivery.

L1.1.1.2: Develop and implement plans detailing how Council will deliver the Community Strategic Plan (including the Resourcing Strategy, Delivery Program and Operational Plan)

Governance Matters

Under the NSW Local Government Act and associated Integrated Planning & Reporting guidelines Council is required to prepare, exhibit and adopt a revised Delivery Program and new Operational Plan before 30 June 2023. The document must be placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback. Following exhibition, a report on submissions and any proposed changes will be presented back to Council’s Ordinary Meeting in June. The revised Resourcing Strategy will be placed on exhibition for 28 days concurrently with the Delivery Program and Operational Plan.

Risk Management

Council has a statutory obligation to review its Resourcing Strategy and Delivery Program and prepare an Operational Plan, for community feedback to be considered, and for the plans to be adopted before the end of the financial year.

Risk management has informed the review of the Resourcing Strategy.

Financial Considerations

Ku-ring-gai Council’s financial position is currently sound. The Statement of Performance Measures in the 2021/22 Financial Statements all exceed benchmark, and the 2023/24 budget provides for an operating surplus of $16.1 million after allowing for the depreciation expense on Council’s $2.061 billion portfolio of largely depreciable assets such as roads, footpaths, drains and buildings. If capital grants and contributions are excluded, the operating result remains in surplus, with a result of $1 million. Council has adequate cash reserves and debt within benchmarks.

While Council’s financial indicators are satisfactory, infrastructure asset indicators fall short and the challenge for Council is to be financially sustainable by funding the maintenance and renewal of more than $2 billion in assets over the longer term. Many of Council’s key assets such as buildings, footpaths and drains were built many decades ago and over the following generations have not been upgraded or replaced. In more recent times increased attention has been placed on improving existing assets and providing new facilities to cater for increasing population, changing requirements and expectations. There is a financial burden for current and future generations for asset management that was not adequately addressed in the past.

In this context, Council previously decided to sell underutilised property to partly pay for new facilities and renew existing assets that would otherwise have been unaffordable. In the following years some of the assets proposed for sale did not achieve the desired zoning outcome from planning processes, leading to significantly reduced value. More recently, Council has made decisions that terminate or will delay processes that may have led to the sale of two major assets. The asset sales strategy was not intended to remedy all of Council’s future financial challenges, but to deliver some key improvements over the short to medium term. An alternate approach is now required.

In response to continuing financial challenges and other external factors impacting on Council and local government more generally, Council commissioned a financial sustainability review. The outcomes and recommendations of the review were considered at the Ordinary Meeting of Council in February 2023 and has informed the development of Council’s 2023/24 budget and long-term financial plan (as resolved by Council at the meeting).

The main outcome of the review is that to deliver on key projects and increase expenditure on renewing aging core infrastructure such as buildings, footpaths and drains, additional rates revenue will be required. This has been incorporated in the budget and long term financial plan via two scenarios for special rates variations, which are outlined in this report. It should be noted that the scenarios are example options to initiate further consideration, are likely to change, and will require future decisions by Council and extensive consultation before settling on a way forward and making an application to IPART, proposed for early 2025.

Some key issues in the budget and LTFP are discussed below.

Funding our operations

Council’s budget forecasts annual operating surpluses that contribute to capital works, however the economic environment has changed and Council’s financial capacity in future years will decline without additional funding or adjusting current operations and services. This is due to a range of factors including: the Consumer Price Index has exceeded earlier projections and far exceeds the allowable rates income increases announced by IPART at 3.7% for 2023/24. The labour costs are also forecast to increase to a greater extent over the next 10 years compared to earlier predictions and exceeds the rate cap. In addition costs in materials and contractors, asset maintenance and operations and borrowing costs have rapidly escalated and are forecast to be greater than the annual rate peg increase permitted each year. These factors will continue to put pressure on Council budgets in the future and require review and adjustments to funding strategies.

Asset recycling

The adopted 2022/23 LTFP had asset sales funding of $111m. This was allocated to Marian Street Theatre redevelopment ($22m), Infrastructure renewal ($36m), co-contributions to projects funded from s7.11 development contributions ($7.4m) and property development reserve ($45m).

The financial strategy around assets recycling has changed as significant asset sales are no longer favoured nor realistic. The 2023/24 LTFP provides for reduced asset sales of $52.5m to fund co-contributions to projects funded from the s7.11 development contributions plan and a Property Development Reserve for major projects.

The reduced asset sales leaves a significant funding gap that needs to be addressed. New funding sources are required, in combination with a review of existing services or deferral of proposed capital expenditure. To address this funding gap the LTFP assumes scenarios which provide additional funding raised from a special rates variation. This would largely fund the infrastructure renewal and other major project initiatives proposed.

Infrastructure assets

Infrastructure assets are Council’s core assets such as roads, footpaths, buildings and drains. As at 30 June 2022, the estimate of the cost to fully renew all infrastructure currently in an unsatisfactory condition is $115m. During the financial year Council undertook a comprehensive revaluation and review of Stormwater Drainage assets. As part of the review asset conditions, unit rates, useful lives and other inputs were examined which identified that a large proportion of drainage assets are not in satisfactory condition. In addition, the useful lives of pipes were reduced to be more reflective of the current condition of pipes across the LGA. The revised cost to fully renew all infrastructure currently in an unsatisfactory condition is $297 million.

Over the next 10 years, Council’s existing core infrastructure assets are forecast to depreciate by $269m. Expenditure on renewing these assets in the absence of additional funding is budgeted at $213m, leaving a renewal gap of $56m. It must be noted that asset sales ($36m assumed in the previous 2022/23 LTFP) is no longer a funding option for infrastructure renewal.

Council has insufficient funding in the 2022/23 LTFP to sustainably manage and improve its existing infrastructure assets and meet community expectations. Council could consider a special rates variation in future years to provide additional revenue for this core infrastructure renewal. This has been reflected in Scenario 1 of the 2023/24 LTFP which assumes increased rates of $8.6m pa from 2025/26 to increase funding for infrastructure asset renewal. This will provide adequate funding for infrastructure renewal to keep up with rising depreciation, however, will not be sufficient to decrease the infrastructure backlog in future years. It is likely that more funding will be required to address the current backlog.

Marian Street Theatre

The total revised budget for this project is $25.3 million (including expenditure to date), which is proposed to be funded from a loan of $23.5 million and $1.8 million from general revenue. This is contingent on Council increasing rates to repay the loan. The project was previously planned to be funded from asset sales however this is no longer considered to be a realistic funding source. Should Council adopt to continue with this project the LTFP assumes a special rate variation of 3.6% above the rate cap to fund future loan repayments from 2025/26, a total of $26.2 million in loan repayments. It has previously been estimated that the theatre would require an operational subsidy of around $0.7 million p/a. This has also been included in the LTFP from 2025/26 onwards.

It should be noted that the scenarios for a special rate variation in the LTFP are preliminary and will require consultation and future decisions by Council before settling on a way forward and making an application to IPART.

St Ives Indoor Sports Centre

The total revised budget for this project is $23m, which is funded from $13.5m in loans, $3.5m in grants, $1.9m in general revenue and the remainder of $4.1m from S7.12 contribution funds.

The LTFP assumes that the loan will be repaid from increased rates revenue (in both Scenario 1 and 2). For this project the approval process for an increase to rates would either be via a standard special rates variation or an intergovernmental projects special rate.

Legislation was adopted in 2021 to allow councils to raise special rates for projects undertaken in partnership with other levels of government. The legislation is the Local Government Amendment Act 2021 and it will take effect once the Minister for Local Government proclaims it to commence. As guidance on the timing for it to take effect is not yet available from the office of Local Government, it is assumed that Council will need to apply for a standard special rates variation via IPART.

Major town centre projects

The LTFP assumes that the capital and future operating costs of major town centre developments are funded by a combination of s7.11 development contributions, grants, the contribution of land on the sites, and the future sale of the existing Lindfield Library. As such, it is assumed in the LTFP that there will not be a financial impact on Council’s general revenue.

Special rate variations

The LTFP includes two scenarios for a special rates variation as outlined below. It should be noted that these scenarios are preliminary estimates (based on the recommendations of the Financial Sustainability Review) and have been presented for the purpose of initiating a process of further planning and consultation over the next 18 months or so.

· Scenario 1 - With a Special Rate Variation for St Ives Indoor Sports Centre, Marian St Theatre, and Infrastructure Renewal: Requires an increase to rates above the cap of 17% which provides $13.2m pa commencing in 2025/26. This would fund repayment of a $13.5m loan for the St Ives Indoor Courts, repayment of a $23.5m loan for Marian St Theatre, and an extra $8.6 million pa for infrastructure renewal. The impact on an average residential ratepayer for a 17% rate increase would be approximately $290 pa (or $5.58 per week)

· Scenario 2 – With a Special Rate Variation for St Ives Indoor Sports Centre only: Requires an increase to rates above the cap of 2.1% which provides $1.7m pa commencing in 2025/26. This would fund repayment of a $13.5 million loan for the St Ives Indoor Courts. The impact on an average residential ratepayer for a 2.1% rates increase would be approximately $37 pa (or $0.71 per week).

It is assumed in the budget that Scenario 1 would be implemented by Council. This would impacts on the 2025/26 financial year with the commencement of a special rates variation for the St Ives Indoor Sports Centre, Marian St Theatre and Infrastructure Renewal.

Capacity of Ratepayers to Afford an Increase to Rates

The impact of a special rates variation on ratepayers is an important matter that will be given extensive consideration in future analysis, consultation and application to IPART. A preliminary review of data has shown that while the population of the Ku-ring-gai local government area is reflected in the highest socio-economic index for all councils in NSW, its total rates revenue per capita is below average compared to metropolitan and metropolitan fringe councils, as shown below.

It is noted that the total rates revenue per capita shown above includes both residential and non-residential rates. When separated, Ku-ring-gai’s residential rates are above average ($503 per capita compared to the above group average of $455 per capita) due to relatively low population density in Ku-ring-gai and the small amount of business and other commercial rates which benefit other councils.

Ku-ring-gai also has a relatively large geographical area compared to many other councils, with more infrastructure such as roads, footpaths, drains and open space to maintain as a proportion of rates revenue. This is reflected in below average rates revenue when expressed per kilometre of road length ($142k per km compared to the group average of $184k per km), as shown below.

Ku-ring-gai’s relatively large geographical area and open space is also reflected in below average rates revenue when expressed per hectare of public open space, as shown below.

There is a misalignment between the socio-economic wealth of the Ku-ring-gai population and Council’s financial capacity from rates revenue to deliver services and maintain infrastructure. This would indicate that there is scope to increase rates via a special rates variation.

Budget Summary

An overview of the budget in the revised Delivery Program and Operational Plan is provided below.

Operating Budget: The 2023/24 budget provides for an operating surplus of $16.1 million including capital grants and contributions. If capital grants and contributions are excluded, the operating result remains in surplus, with a result of $1 million. The Operating Surplus contributes to Council’s capital works program.

The following table provides Council’s income statement and comments on major budget variations between the projected 2023/24 budget and the original 2022/23 budget.

Capital Budget: In 2023/24 the capital works program is $55 million. This is a decrease from previous year’s program due to deferral of some large projects. Details of the capital works program for 2023/24 can be found in the Capital Works Program and Operational Projects 2023/24 section of this document.

Liquidity Position: Council’s long term financial plan and budget ensures that Council maintains adequate liquidity and has the ability to satisfy short term obligations for the unrestricted activities of Council. This is demonstrated by the Unrestricted Current Ratio, for which the industry benchmark of greater than 1.5:1 is considered to be ‘Satisfactory’ and greater than 2:1 to be ‘Good’. Council’s budget maintains a ‘Satisfactory’ Unrestricted Current Ratio of 2.13:1 on average which is in line with the benchmark of 2:1.

Loan management: Council’s 2023/24 budget provides for loan capital repayment (interest and principal) of $4.5 million reducing the outstanding debt to $27 million. This includes the existing loans ($15.1 million) for the acquisition of Council’s investment property at 828 Pacific Highway, Gordon and $11.3 million to fund a component of the St Ives indoor Sports Facility. This loan will be repaid across 10 years from a proposed Intergovernmental Project Special Rate levy between 2025/2026 to 2034/2035. The chart below shows outstanding loan balances for the reporting period with an increase in 2025/26 due to an assumed loan for the upgrade of the Marian Street Theatre. This loan was originally part of the 2022/23 original budget.

Development Contributions: Council collects s.7.11 contributions from developers to help pay for new infrastructure and facilities for the growing population of the area. Some of the works to be undertaken in the Development Contributions Plan cater for the existing population and these works require a co-contribution from Council’s general funds. The funding allocated to works programmed to be undertaken over the next years are shown below.

Rates and Rates Structure: Council’s total rates income is ‘pegged’ by the State Government and approval must be obtained for increases above this amount (known as Special Rates Variations). The Independent Pricing and Regulatory Tribunal (IPART) announced the 2023/24 rate peg as 3.7%. While this is higher than previous years, the peg is still insufficient to cover increased operational and labour costs in the current environment of high inflation and rising costs.

In the 2023/24 budget the projected rates income is $75.5m ($74.7 million net of pensioner rebates). This amount includes the permanent existing Special Rate Variations for Infrastructure and the Environmental Levy.

The proposed rates restructure for 2023/24 is outlined in the table below.

Rates structure including rate pegging increase of 3.70%

Type	Category	Rate in $	Min/Base Amount ($)	% of Revenue from Base for each rate	Yield $
Ordinary	Residential	0.00037557	$600.00		$35,394,031
Ordinary	Business	0.00288567	$600.00		$5,221,077
Special	Infrastructure -Primary Rate	0.00018325			$14,584,943
Special	Infrastructure -Primary Rate		$297.00	48.32%	$13,639,131
Special	Infrastructure - Special Rate Variation	0.00002166			$1,723,935
Special	Infrastructure - Special Rate Variation		$34.00	47.53%	$1,561,382
Special	Environmental - Special Rate Variation	0.00004305			$3,426,335
Total					$75,550,834

The Ordinary General Residential and Business Rates, plus the special ‘Infrastructure – Primary Rate’ together represent the total notional rates income of Council excluding the rates received from the two special rate variations. The above rates structure divides this amount into the Ordinary Rates (59%) and ‘Infrastructure – Primary Rate’ (41%).

Under this rates structure, Council will grant a voluntary pensioner rebate (in addition to the Statutory Rebate) of 8.5% of the total Council rates and charges. This voluntary rebate will apply to pensioners who are eligible for the Statutory Rebate.

Funding Statement: A summary of Council’s Funding Statement for the next year is provided below. Note that a special rate variation is assumed to commence in 2025/26.

Other Key Charges

Domestic Waste Management - In the current environment of rising costs and high inflation DWM contractors, materials and other costs directly associated with providing the service have significantly increased requiring a fee review and adjustment in line with these increases. A 7% increase in DWM fees is reflected in the budget raising additional income of $1.5 million pa. A council cannot use income from its ordinary rate towards the cost of providing DWM services.

Fees and charges schedule for 2023 - 2024

Fees and charges have been reviewed to ensure closer alignment with increase in costs. This resulted in an increase of 7% for a variety of non-statutory fees as reflected in the Fees and Charges Schedule attached to this report.

· Golf Course Fees - a review of golf course fees was completed in 2022/23. The review not only compared Ku-ring-gai Council fees to other golf courses within the region but also looked at the rising costs to deliver the service of maintaining and operating the course. Based on the review findings the changes include an increase of between 20% to 25% to green fees to align with similar golf course charges and increased costs in delivering the service.

Social Considerations

The revised Delivery Program and draft Operational Plan have been developed to progress, during this Council’s term, the long term objectives contained in the Community Strategic Plan and achieve social outcomes from Council’s term achievements.

Environmental Considerations

The revised Delivery Program and draft Operational Plan have been developed to progress, during this Council’s term, the long term objectives contained in the Community Strategic Plan and achieve environmental outcomes from Council’s term achievements.

Community Consultation

The revised Resourcing Strategy, revised Delivery Program and draft Operational Plan, including separate Fees and Charges, will be placed on public exhibition for a minimum period of 28 days, and during this period input from the community will be sought, considered and reported back to Council in June 2023.

Opportunities will be provided for community input as part of the public exhibition of the documents. This will include:

Ø Availability of the draft documents on Council’s website and community engagement portal with explanatory information

Ø Availability of the exhibition documents at all libraries and customer service centre

Ø An invitation to the community to make written submissions via website forms and/or email/mail to Council.

Ø Promotion of the exhibition via e-newsletters, social media posts, media releases and news item on Council’s website homepage

It is the responsibility of Council to consider all submissions made during the exhibition period, prior to adopting the plans and strategies.

Internal Consultation

Councillors have previously been briefed on legislative and Integrated Planning and Reporting requirements for all NSW Councils as well as preparation and review of all Integrated Planning & Reporting documents, including the Resourcing Strategy.

Councillors have been briefed on the budget parameters for 2023-2024 as well as challenges and opportunities affecting the financial, asset and workforce sustainability of Council and its ability to respond to identified long term priorities.

Consultation has taken place across the organisation in preparation of the revised Resourcing Strategy, revised Delivery Program and draft Operational Plan, including preparation of the budget and revenue policy, development of tasks and review of performance measures.

Summary

In 2022 Council adopted a new suite of strategic plans that form the Integrated Planning and Reporting (IP&R) framework under the Local Government Act, 1993. These documents include:

Ø Community Strategic Plan – Ku-ring-gai 2032;

Ø Delivery Program & Operational Plan; and

Ø Resourcing Strategy.

The adopted Resourcing Strategy and Delivery Program have been reviewed and a new Operational Plan developed for 2023-2024 in accordance with the Local Government Act.

The development of the revised Delivery Program and draft Operational Plan has been informed by the community’s long term objectives contained in the Community Strategic Plan, Council policies and strategies, prioritisation of capital works projects, service delivery standards, income from external sources and fees and charges.

As required by legislation these documents must be placed on public exhibition for a minimum period of twenty-eight (28) days to allow for community feedback. It is proposed to exhibit the revised Resourcing Strategy for 28 days concurrently with the Delivery Program and Operational Plan.

The draft documents are presented in a plain (Microsoft Word) format for public exhibition.

Following their endorsement by Council, further formatting and text refinements will be made and the documents published on Council’s website.

Recommendation:

That Council:

A. endorse the revised Resourcing Strategy 2023-2033, revised Delivery Program 2022-2026 and draft Operational Plan 2023-2024 (including Fees and Charges 2023-2024) for public exhibition for 28 days.

B. note that a report will be provided to Council in June 2023 for further consideration of any submissions and adoption of the plans.

Helen Lowndes

Integrated Planning Coordinator

Christopher M Jones

Manager Governance & Corporate Strategy

Angela Apostol

Manager Finance

David Marshall

Director Corporate

Attachments:	A1⇩	DRAFT: Revised April 2023 - Long Term Financial Plan 2023-2033	2023/118947
	A2 ⇩	DRAFT: Revised April 2023 - Asset Management Strategy 2023-2033	2023/118457
	A3 ⇩	DRAFT: Revised April 2023 - Workforce Management Strategy 2023-2027	2023/118478
	A4 ⇩	DRAFT Delivery Program 2022-2026 and DRAFT Operational Plan 2023-2024	2023/118917
	A5 ⇩	Draft 2023-2024 Fees & Charges Public	2023/117333

Ordinary Meeting of Council - 18 April 2023	GB.3 / 1

Item GB.3	FY00623/5
	16 March 2023

Investment Report as at 31 March 2023

EXECUTIVE SUMMARY

PURPOSE OF REPORT:	To present Council’s investment portfolio performance for March 2023.

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

comments:	The net return on investments for the financial year to the end of March 2023 was $4,914000, against the revised budget of $2,974,000 giving a year-to-date favourable variance of $1,940,000.

recommendation:	That the summary of investments performance for March 2023 be received and noted; and that the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

To present Council’s investment portfolio performance for March 2023.

Background

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

Comments

Investment Portfolio Performance Snapshot

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

Cumulative Investment Returns against Revised Budget

The net return on investments for the financial year to 31 March 2023 was $4,914,000 against the revised budget of $2,974,000 giving a year-to-date favourable variance of $1,940,000 as shown in the table below. The favourable variance is mainly due to higher interest rates than budgeted and a larger than forecast investments portfolio. Further adjustments will be considered and proposed in the March 2023 Quarterly Budget Reviews to Council.

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

Cash Flow and Investment Movements

Council’s total cash and investment portfolio as at 31 March 2023 was $227,160,000 compared to $235,164,000 at the end of February 2023, a net cash outflow of $8,004,000 was mainly due to creditor payments.

Three investments matured and three new investments were made during the month.

Investment Performance against Industry Benchmark

Overall during the month of March 2023, the investment performance was above the industry benchmark. The benchmark is specific to the type of investment and the details are provided below. AusBond Bank Bill Index is used for all Council’s investments.

Table 1 - Investments Performance against Industry Benchmarks

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

Table 2 - Investments Portfolio Summary during March 2023

* Weighted average returns.

** Funds in at-call/short term accounts are working funds kept for the purpose of meeting short term cash outflows. At-call investments portfolio is being monitored on a regular basis to ensure funds are reinvested at higher rates when opportunities arise, whilst also keeping and adequate balance for short-term cash outflows.

*** Market Values as at 31 March 2023 were not available at the time of writing the report.

Investment by Credit rating and Maturity Profile

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

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council maintains and improves its long term financial position and performance

Continue to analyse opportunities to expand the revenue base of Council

Governance Matters

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

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

(1) The responsible accounting officer of a council:

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

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

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

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

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

Risk Management

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

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

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

Financial Considerations

The revised budget for interest on investments for the financial year 2022/2023 is $4,482,100. Of this amount approximately $2,774,600 is restricted for the benefit of future expenditure relating to development contributions, $663,700 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $1,043,800 is available for operations.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

None undertaken or required.

Internal Consultation

None undertaken or required.

Certification - Responsible Accounting Officer

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

Summary

As at 31 March 2023:

· Council’s total cash and investment portfolio is $227,160,000.

· The net return on investments for the financial year to the end of 31 March 2023 was $4,914,000 against the revised budget of $2,974,000 giving a year-to-date favourable variance of $1,940,000. The favourable variance is mainly due to higher interest rates than budgeted and a larger than forecast investments portfolio. Further adjustments will be considered and proposed in the March 2023 Quarterly Budget Reviews to Council.

Recommendation:

That:

A. The summary of investments and performance for March 2023 received and noted.

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

Tony Ly

Financial Accounting Officer

Mette Kofoed

Acting Manager Finance

David Marshall

Director Corporate

Ordinary Meeting of Council - 18 April 2023	GB.5 / 1

Item GB.5	FY00621/5

Project Status Report - March 2023

EXECUTIVE SUMMARY

purpose of report:	To provide Council with the Project Status Report reflecting results for January, February, and March 2023.

background:	On 22 May 2018, a Notice of Motion was considered by Council regarding the development of a monthly Project Status Report. On 14 May 2019 it was resolved to alter the reporting timeframe from monthly to quarterly

comments:	Council recommendation of 14 May 2019 noted that while projects are reported to Council and the community through a number of other reports, the frequency of quarterly reporting is a more informative, reliable and recurring method to update Council and the community.

recommendation:	That Council receive and note the Project Status Report for March 2023.

Purpose of Report

To provide Council with the Project Status Report reflecting results for January, February, and March 2023.

Background

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

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

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

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

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

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

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

On 14 May 2019, Council resolved to extend the reporting timeframe from monthly to a quarterly report:

C. That the reporting timeframe be changed from monthly to quarterly

In accordance with Part A of the NOM of 22 May 2019, the attached report is for the period January, February and March 2023.

Comments

Reporting on projects is currently undertaken through:

· Quarterly Financial Reports;

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

· Annual Report.

On 26 April 2022, Councillor Wheatley requested a minor addition, that the report include categories- $250,000 - $500,000, $501,000 - $1 million and $1 million plus, a phase commencement date and completion date.

Council staff have prepared the Project Status Report based on the following criteria:

· Capital projects delivering community/public infrastructure;

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

· No operational projects are included; and

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

The reporting timeframe, the Project Status Report attached to this report will represents results for January, February, and March 2023.

integrated planning and reporting

Leadership & Governance

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

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

Council's Governance framework is developed to ensure probity and transparency.

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

Governance Matters

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

Risk Management

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

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

Financial Considerations

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

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

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

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

· Annual Report & Annual Financial Statements.

Social Considerations

Not applicable.

Environmental Considerations

Not applicable.

Community Consultation

Not applicable.

Internal Consultation

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

Summary

On 22 May 2018, a Council decision resolved to alter the reporting timeframe for the Project Status Report from monthly to a quarterly.

Projects are reported to Council and the community through a number of other reports quarterly, bi-annually and yearly. However, the quarterly frequency of the Project Status Report is expected to provide a more informative, reliable and recurring method of results.

The Project Status Report for February 2023 has been prepared based on the following criteria with results from January, February and March 2023.

· Capital projects delivering community/public infrastructure;

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

· No operational projects are included; and

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

Recommendation:

That:

A. Council receive and note the Project Status Report for February 2023.

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

George Bounassif

Director Operations

Attachments:

A1⇩

Project Status Report - Jan - March 2023

2023/116295

Ordinary Meeting of Council - 18 April 2023	GB.6 / 1

Item GB.6	S12062-3

Marian Street Theatre - Project Update

EXECUTIVE SUMMARY

purpose of report:	To review the intention to proceed with the Marian Street Theatre project as recommended by the January 2023 Financial Sustainability Review (FSR).

background:	At its OCM of 28 June 2022 Council resolved (in part) that ’the construction tender and associated establishment of the loan for the Marian Street Theatre project will not proceed without a further report to Council.’ At its meeting of 14 February 2023 Council resolved (in part) that Council “utilise the Review findings and recommendations (of the FSR) to inform the draft Resourcing Strategy, Delivery Program and Operational Plans for 2023/24 to be considered by Council for public exhibition in April 2023”.

comments:	This report reviews the Marian Street Theatre project in the context of the January 2023 Financial Sustainability Review.

recommendation:	That Council notes that due to the lack of an identifiable funding strategy to replace asset sales as a means of funding the Marian Street Theatre upgrade the project will not commence in the 2022/2023 financial year and that the Delivery Program Term Achievement “P7.1.2: The renewal of Marian Street Theatre is substantially completed” will not be achieved given the time required to recommence the project. That Council further notes that future funding for the project could be from a special rates variation, possibly taking effect on 1 July 2025 if this is supported by Council and approved by IPART. That Council notes that development consent for the Marian Street Theatre upgrade will lapse in August 2026 in the event substantial commencement is not achieved.

Purpose of Report

To review the intention to proceed with the Marian Street Theatre project as recommended by the January 2023 Financial Sustainability Review (FSR).

Background

At its meeting of 28 June 2022 Council considered a report on the Draft Delivery Program 2022-2026 and Draft Operational Plan 2022-2023 - Post Exhibition (GB.23). On consideration of the matter, Council resolved, inter alia:

(Moved: Councillors Pettett/Smith)

A. That Council adopts the Delivery Program 2022 - 2026 and Operational Plan 2022 – 2023, incorporating the budget, capital works program, statement of revenue policy and fees and charges for 2022 – 2023, with amendments discussed in this report, and that:

i) the construction tender and associated establishment of the loan for the Marian Street Theatre project will not proceed without a further report to Council.

………..

For the Foreshadowed Motion:             The Mayor, Councillor Pettett,
        Councillors Lennon, Smith,
        G. Taylor, Ward and Wheatley

Against the Foreshadowed Motion: Councillors Kay and Ngai

Up to that point, the Marian Street Theatre Project had been included in the Draft Delivery Program 2022-2026 and Draft Operational Plan 2022-2023 for public exhibition on the basis of Council’s resolution of 26 April 2022 (ref: GB.24).

At April 2022 meeting in respect of the Marian Street Theatre Project Council had resolved the following:

…………..

E) Marian St Theatre:

That Council:

i) Include $0.7m pa funding in the budget from 2024/25 onwards, for the future operating costs of the Marian St Theatre.

ii) Borrow $22m in 2022/23 on an interest only basis to fund the Marian St Theatre project so that construction may proceed without delay. The loan repayments will be met from general revenue until other property assets are sold to repay the loan in 2024/25.

iii) Note the change in financial strategy to initially fund this project from a loan rather than wait until property assets have been sold, and the associated increased financial commitment and risk.

iv) Acknowledge the risk of further increases to project costs in the redevelopment of this aged and specialised building.

…………..

The 28 June 2022 report (GB.23) included the following commentary on the Marian Street Theatre project:

Marian Street Theatre

The total budget for this project in the 2021/22 LTFP is $16.7m, which is funded from $14.9m in asset sales and $1.8m from general revenue. Estimated costs have since increased to $21.9m. The draft project budget and LTFP funding has been increased to $23.8m. This increases the funding required from property asset sales to $22m.

As property asset sales have been delayed, the project will also be delayed without alternate funding. Council could use loan funding to borrow the required $22m on an interest-only basis and repay the loan from asset sales when they occur. The loan repayments would need to be met from Council’s general revenue until property assets are sold to repay the loan.

On this basis, the revised budget and LTFP has incorporated a new interest-only loan to be borrowed in 2022/23 and repaid from asset sales in 2024/25. This is a change in financial strategy with increased financial commitment and risk. In addition, being the redevelopment of an old theatre building Council should only proceed with the project if it accepts there may be further increases to project costs.

It has previously been estimated that the theatre would require an operational subsidy of around $0.7m p/a. This has also been included in the LTFP from 2024/25 onwards and funded from general revenue.

At its meeting of 14 February 2023 Council considered the report of the Financial Sustainability Review carried out by consultants Morrison Low (ref: GB. 3).

On consideration of the matter, Council resolved, inter alia:

That Council:

A. note the findings and recommendations of the Financial Sustainability Review (see Attachment A)

B. utilise the Review findings and recommendations to inform the draft Resourcing Strategy, Delivery Program and Operational Plans for 2023/24 to be considered by Council for public exhibition in April 2023.

CARRIED UNANIMOUSLY

Comments

This report deals with Council’s requirement of 28 June 2022 (GB.23) that “the construction tender and associated establishment of the loan for the Marian Street Theatre project will not proceed without a further report to Council” within the context of the recommendations of the January 2023 Financial Sustainability Review.

The FSR describes the Marian Street Theatre project as a “community-driven capital work”, being:

“new or upgraded assets that result from political or community aspirations for improved services or service level. The Marian St Theatre is a good example of a community-driven capital work. These assets driven by community desires are generally accorded the lowest priority when funding is scarce unless the benefit for the asset far exceeds the cost.”

The FSR goes on to make a number of recommendations to:

“provide a path to financial sustainability. These are based on a refreshed understanding of Council asset conditions and functionality, an assessment of funding options, and the impact funding options have on overall financial sustainability. Ku-ring-gai Council’s long-term financial sustainability requires an agreed plan along with actions to ensure the challenges noted in this report are addressed. The situation is not dire but serious and requires attention. The Council should agree on a strategy that can be implemented over the next two years.”

Specifically in relation to the Marian Street Theatre project the FSR recommends:

*Recommendation*	*Completed by*
Review the intention to proceed with the St Ives and Marian St Theatre projects. If to proceed, these be largely funded by loan and SRV.	Dec 2022 – Feb 2023

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

Multipurpose community buildings and facilities are available to meet the community’s diverse and changing needs.

P7.1.2: The renewal of Marian Street Theatre is substantially completed.

P7.1.2.1: Complete detailed design, tender and award the contract for construction of the Marian Street Theatre.

Governance Matters

In relation to Operational Plan Task P7.1.2.1: Complete detailed design, tender and award the contract for construction of the Marian Street Theatre - the design consultant team have completed 100% tender documentation.

In relation to Delivery Program Term Achievement P7.1.2: The renewal of Marian Street Theatre is substantially completed – the project is currently on hold until a funding source for construction is confirmed.

Given the lead time to recommence the project, specifically the need to revise and resubmit a fresh Capital Expenditure Review to the Office of Local Government for consideration based on a new funding strategy as well as engaging a construction project manager to prepare a tender package and issue construction tenders, the project will not commence in financial year 2022/2023.

Consequently, this report confirms that substantial completion of the Marian Street Theatre upgrade will not occur this Council term and that commencement at all will not occur this financial year even if a funding strategy to replace asset sales is identified in the short term.

Commencement of the project is tied to approval and implementation of a Special Rate Variation (SRV) no earlier than 1 July 2025 if this is supported by Council and approved by IPART.

Risk Management

Previous reports to Council on this project identified the following broad project risks:

Key risks are summarised as follows:

Risk 1 – No ‘asset sale’ funds are available for construction of the project

There is a risk to Council’s broader financial position if asset sales are not achieved to fund the project as currently reflected in Council’s Long Term Financial Plan and Operational Program and Delivery Plan.

Risk 2 – The final design exceeds the budget

There is a risk that the cost of construction will continue to rise. Should tenders for construction exceed the budget a report outlining options would be submitted to Council requesting either amendments to the design or additional funds to cover the increase.

Risk 3 – Council reputation if the project is not delivered

Council’s reputation is not at risk from its decision to proceed with the project, rather, there is a reputational risk if the project is not delivered.

A new risk arises in relation to possible expiration of development approval in the event the project remains unfunded and physical construction remains delayed:

Risk 4 – Development Approval Lapses

Development consent was granted 20 August 2021 and will lapse in lapse 2026 in the event substantial commencement is not achieved.

A new risk arises in relation to the need to revise and resubmit a fresh Capital Expenditure Review to the Office of Local Government for consideration based on a new funding strategy:

Risk 5 – The Office of Local Government raises concerns with new Capital Expenditure Review based on a funding strategy assuming loan funds repaid from a future SRV

A new risk arises in relation to the prospective community consultation that would be required to justify a SRV to IPART:

Risk 6 – Lack of Community Support for a SRV or Exclusion of Funding for the Marian Street Theatre in a SRV

Community support for a SRV at all, the quantum of any SRV ultimately approved by Council and subsequently by IPART, and the various initiatives to be funded by any such SRV, cannot be assumed. Commencement of the Marian Street Theatre upgrade before a SRV is approved for the Marian Street Theatre leaves Council exposed to bearing the full cost of the project from loans.

Financial Considerations

Social Considerations

If it proceeds, the proposal will achieve the following positive social and economic outcomes:

· provide new and improved creative, performance and community spaces, as well as a new cafe for use by the broader community;

· provide improved accessibility for people with disabilities and building upgrades in line with current BCA, access and fire safety standards;

· provide improvements to the public open space known as Selkirk Park; and

· ensure the ongoing use of the Marian Street Theatre, which is currently vacant and disused.

The provision of additional community infrastructure, providing both indoor and outdoor community spaces will ensure that the Marian Street Theatre becomes a vibrant and popular place to meet and recreate for all ages.

Environmental Considerations

There are no environmental issues arising from this report. All environmental impacts have been considered and assessed as part of the DA process.

Community Consultation

Consultation with the community has occurred on numerous occasions with regard to the provision of live theatre in Ku-ring-gai.

Specific to this project, Council established a Marian Street Theatre Committee Reference Group. The reference group consisted of Councillors, members of the Save Marian Street Theatre Committee, theatre and arts cultural specialists, and members of the community. This committee had a role in informing the direction and outcomes of the rejuvenated theatre.

An event day was also held in Selkirk Park on Sunday, 17 November 2019 to inform the broader community of progress and design of the project.

Further community consultation was undertaken through public notification of the DA.

In the event Council decides to fund any or all of the Marian Street Theatre upgrade from a SRV further comprehensive community engagement would be required on the quantum and components of a SRV.

Internal Consultation

GMD is the project owner and sponsor of the project.

The Major Projects Steering Committee and Major Project Advisory Committee are regularly informed and have had input into advancement of the project.

At the recent Councillor workshop, the following project status update was provided to Councillors:

· The design consultant team have completed 100% tender documentation and the Pre-Tender cost estimate is $21.45m excluding GST which includes a 7% escalation allowance. Inclusive of professional and authority fees, and construction contingency of 5%, the final project cost is estimated to be $25.34m excluding GST.

· The 2022/23 budget and long term financial plan provides funding of $23.77m (including expenditure to date), which is funded from general revenue ($1.77m) and a loan of $22m to be repaid from asset sales. The current cost estimate of some $25.34m is $1.57m higher than the current LTFP funding.

· The project has gone into a period of hiatus until a funding source is secured. This could be long term if the development consent is activated by achieving “substantial commencement”, otherwise any period of delay is limited to the term of the development consent. The project will be reported to Council in the first quarter of 2023.

The most recent cost estimate was prepared in September 2022 and would be revisited prior to going to tender, noting here that construction costs are escalating higher than CPI at the present time.

Summary

At its meeting of 28 June 2022 Council resolved (in part) that ’the construction tender and associated establishment of the loan for the Marian Street Theatre project will not proceed without a further report to Council.’

At its meeting of 14 February 2023 Council (in part) that Council ’utilise the (Financial Sustainability) Review findings and recommendations to inform the draft Resourcing Strategy, Delivery Program and Operational Plans for 2023/24 to be considered by Council for public exhibition in April 2023.

Recommendation:

A. That Council notes that due to the lack of an identifiable funding strategy to replace asset sales as a means of funding the Marian Street Theatre upgrade in the short term, the project will not commence in the 2022/2023 financial year.

B. That Council notes that Delivery Program Term Achievement “P7.1.2: The renewal of Marian Street Theatre is substantially completed” will not be achieved even if a funding strategy to replace asset sales is identified in the short term, given the time required to recommence the project and revise and resubmit a further Capital Expenditure Review to the Office of Local Government for consideration.

C. That Council notes that future funding for the Marian Street Theatre upgrade could be from an increase to rates via a special rates variation, possibly taking effect on 1 July 2025 if this is supported by Council and approved by IPART.

D. That Council notes that development consent for the Marian Street Theatre upgrade was granted 20 August 2021 and will lapse in August 2026 in the event substantial commencement is not achieved.

Dean Payne

Project Leader – Strategy & Environment

Andrew Watson

Director Strategy & Environment

Ordinary Meeting of Council - 18 April 2023	GB.7 / 1

Item GB.7	S02527

Car Share Policy - Post exhibition

EXECUTIVE SUMMARY

purpose of report:	To consider submissions to the exhibition of the draft Car Share Policy

background:	The Car Share Policy was publicly exhibited for 4 weeks from 6 February 2023 to 6 March 2023.

comments:	Exhibition of the Car Share Policy was hosted on Council’s Your Say page. A total of 5 submissions were received. Based on the comments received during the public exhibition, minor amendments are proposed to be made to the draft Policy.

recommendation: (Refer to the full Recommendation at the end of this report)	That the recommended amendments be made to the draft Car Share Policy and be adopted, and that Council call for Expressions of Interest from fixed-space car share providers.

Purpose of Report

To consider submissions to the exhibition of the draft Car Share Policy

Background

On 13 December 2022, Council considered the draft Car Share Policy (Attachment A1) and resolved:

A. The draft policy be placed on public exhibition for a period of 28 days.

B. At the expiration of the public exhibition process, the following action be taken:

a) Should any submissions be received regarding the draft Policy, a further report be submitted to Council; or

b) Should no submissions be received, Council adopt the draft Policy as per Attachment A1 to this report.

At the close of exhibition, 5 submissions were received, and in accordance with part a) of Resolution B, the matter is being returned to Council to consider those submissions.

Comments

Exhibition of the Car Share Policy was hosted on Council’s Your Say page. A total of 5 submissions were received, which are summarised below:

Submission/comment	Response	Recommendation
Fail to see how it will reduce congestion, reduce pollution, improve parking. Waste of time. May work in inner Sydney but not in the larger suburbs, as it appears to be based on idealism.	Research conducted last year by a car share operator indicates that 1/3 of its members in the Ku-ring-gai area have deferred purchasing a vehicle due to car share.	No change recommended
Existing car share member notes it is inconvenient to travel from St Ives to Roseville for the closest car, even though some car share vehicles are now appearing in St Ives, which is supported. Request made for car share vehicles St Ives North/St Ives Chase area.	Request noted. Locations for car share vehicles will be subject to expressions of interest from car share providers and prioritised by Council based on the site selection criteria in the policy: car share locations in close proximity to mixed-use (retail/residential) developments, public transport hubs, retail and high density residential flat buildings would be prioritised over other locations.	No change recommended
Difficult to understand impact for Ku-ring-gai residents who opt not to car share. Parking is already a difficult around stations and this will make it worse for those who opt out. Council should improve parking by providing more spaces rather than less.	The number of car share vehicles will be subject to expressions of interest from car share providers and prioritised by Council based on the site selection criteria in the policy. Indications are that the initial demand could be 2-3 vehicles for each of the main town centres. The deferred purchase incentive of car share vehicles would likely result in the freeing up of kerbside space for other road users or uses.	No change recommended
Support initiative. Fully electric vehicles are the best option to accelerate transition needed to help stabilise the climate, and will demonstrate leadership and wisdom while dispelling fear of the new and different.	While Council’s preference would be for electric vehicles, one car share provider has indicated in its submission to this draft Policy that the cost of EVs and parts/repair currently make car share EVs difficult at scale.	No change recommended
Commercial car share provider fully supports draft Car Share Policy and its recognition of the benefits that fixed pace car share can deliver to residents and the wider community. Affirms Council’s recognition of car share spaces in private development as being beneficial to housing affordability and alleviating parking pressure that results from new development. Suggest a growth target of 10% of households being car share members in suburbs where car share is launched This provider will always preference low CO₂ emission vehicles where possible. Currently, the cost of electric vehicles and the cost of parts/repair make the conversion of car share to EV at scale difficult. Agrees that car share operators should bear the costs of installation of street signage and line marking and agrees that the economic viability of a space should be demonstrated. It is important that car share fees [payable by a car share provider to Council] are tied into the policy and are equivalent to fees private residents would pay, e.g. the cost of an annual parking permit (noting that Ku-ring-gai does not currently offer residential parking permits). Any extra fees charged to car share over private cars will end up being passed on to car share users, and will diminish the positive impact car share can have.	Response noted Response noted Response noted Response noted Response noted As noted in the submission, Ku-ring-gai does not offer residential parking permits. As with other commercial uses of Council land, Council proposes to set fees for use of dedicated car spaces, including (but not limited to) authorised fixed-space car share parking. These will be reflected in Council’s Fees and Charges so that prospective car share providers understand can plan for these costs when submitting an expression of interest.	Amend item 3 in the Financial section of the Policy by adding the following wording at the end: …in accordance with Council’s adopted Fees and Charges.

Based on the feedback, minor additions are proposed to the Policy in accordance with the recommendations in the table above.

integrated planning and reporting

Theme 4: Access, Traffic and Transport

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1: A range of integrated and sustainable transport choices enable effective movement to, from and around Ku-ring-gai.

A network of safe and convenient links to local centres, major land uses and recreation opportunities is progressively implemented.

Review and implement appropriate recommendations from the Ku-ring-gai Integrated Transport Strategy to align with the Local Strategic Planning Statement (LSPS), North District Plan, and Future Transport 2056.

The development of this policy supports Action 10.3.3 of the Ku-ring-gai Integrated Transport Strategy (F3 - Provide dedicated parking spaces for car share vehicles).

Governance Matters

By providing the conditions for provision, installation, management, maintenance, and removal of EV charging infrastructure implementation of the Policy will have the benefit of providing a governance framework for managing car share vehicle spaces on public land in Ku-ring-gai, particularly with regard to the components noted below under Risk Management.

Car sharing is identified in NSW Government’s Future Transport Strategy, as a way of using space and assets for transport more sustainably, and as a tool for improved parking provision and management.

The Ku-ring-gai Local Strategic Planning Statement contains Planning Priorities relating sustainability and productivity. The provision of car share vehicles would be consistent with Planning Priority K38 (Reducing greenhouse gas emissions by Council and the Ku-ring-gai community to achieve net zero emissions by 2045 or earlier), where one of the underlying actions is to facilitate the uptake of electric vehicles, car sharing, carpooling and cycling through provisions in the LEP/DCP and Public Domain Plan (short term). The development of this policy provides the framework for the deployment of car share vehicles on public roads/car parks and in the public domain generally.

The provision of car share vehicles would be consistent with Planning Priority K22: Providing improved and expanded district and regional connections through a range of integrated transport and infrastructure to enable effective movement to, from and within Ku-ring-gai.

Risk Management

By providing the conditions for provision, installation, management, maintenance, and removal of car share vehicle spaces on public land, the policy outlines Council expectations having regard to the following:

· site/location selection;

· visibility and identification;

· roles and responsibilities;

· approvals; and

· agreements.

Financial Considerations

The proposed policy includes provisions relating to costs and ongoing Fees and Charges, to ensure Council is able to appropriately manage the financial implications of commercial car share vehicle spaces on public land. Accordingly, it is planned to include a new item in the draft 2023/2024 Fees and Charges to include fees (per annum, per space) for use of dedicated car spaces, including (but not limited to) authorised fixed-space car share parking.

Desktop investigations were undertaken into similarly located Council’s Fees and Charges for commercial car share vehicle spaces on public land. Consideration has also been given to potential fees for similar long-term commercial uses of Council car parking spaces (on-street and within Council car parks), and it is envisaged that the annual fee per space would be in the order of $500.00 - $3,000.00 (incl. GST). This has been incorporated into Council’s draft fees and charges for 2023/2024.

Social Considerations

Car share vehicles allow people to use a car when they need one, without the cost and other obligations of car ownership. Access to these vehicles makes living life without a car, or two cars, more viable, and fills gaps in other transport modes.

Environmental Considerations

The proposed policy is a key measure required to support Council’s Net Zero objectives in the Climate Change Policy - specifically, where Council will develop a car share policy and continue to collaborate with organisations to provide car share options to the community as it grows.

Community Consultation

The policy was exhibited for 28 days in line with Local Government Act requirements. Exhibition of the Car Share Policy was hosted on Council’s Your Say page.

Internal Consultation

The draft car share policy has had input from Development and Regulation, Strategy & Environment, Finance and Operations staff.

Summary

The Car Share Policy was publicly exhibited for 4 weeks from 6 February 2023 to 6 March 2023. Exhibition of the Car Share Policy was hosted on Council’s Your Say page. A total of 5 submissions were made.

Based on the comments received during the public exhibition, minor amendments are proposed to be made to the draft Policy.

Recommendation:

A. That the recommended amendments be made to the draft Car Share Policy, and that the policy be adopted.

B. That Council seek expressions of interest from car share operators.

C. That persons who made a submission during the exhibition be notified of Council’s decision.

Joseph Piccoli

Strategic Traffic Engineer

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:

A1⇩

Draft Car Share Policy

2022/174820

Ordinary Meeting of Council - 18 April 2023	GB.8 / 1

Item GB.8	S02696

Active Transport Reference Committee - recruitment of members

EXECUTIVE SUMMARY

purpose of report:	To consider nominations for community representatives to the Active Transport Reference Committee.

background:	On 18 October 2022, Council adopted the draft Terms of Reference for an Active Transport Reference Committee. The Council Advisory and Reference Committee Guidelines set out the membership composition for this committee, and expressions of interest were sought from the community for representatives in accordance with the Guidelines.

comments:	A total of 10 nominations were received in response to the call for members. It is proposed that pedestrian’s interests would be represented by a member of the WalkSydney advocacy group.

recommendation: (Refer to the full Recommendation at the end of this report)	That Council appoint members to the Active Transport Reference Committee as outlined in this report.

Purpose of Report

To consider nominations for community representatives to the Active Transport Reference Committee.

Background

On 18 October 2022, Council adopted the draft Terms of Reference for an Active Transport Reference Committee, and resolved

That Council consider and adopt the draft Terms of Reference contained in this report for an Active Transport Reference Committee for Ku-ring-gai Council, subject to the following amendment:

1) Other members or stakeholders may be co-opted from time to time if required with specific knowledge, expertise or qualifications pertaining to active transport. This may include representatives from the Police, Transport for NSW, Bike North, Peloton Sports Inc, Northern Suburbs Triathlon Club, Northern Sydney Cycling Club, Knights of Surburbia, Veloroos, other key stakeholder representatives such as bike shop owners and school representatives, and Council Sustainability/Operations staff and other staff where relevant.

On 15 November 2022 also it was resolved That Council elects the Mayor as the Chairperson and Councillor Spencer as Deputy Chairperson to the Active Transport Reference Committee.

The Council Advisory and Reference Committee Guidelines set out the membership composition for this committee, and expressions of interest were sought from the community for representatives in accordance with the Guidelines.

Comments

Advertising for community representation to the Active Transport Reference Committee was based on the committee structure in the Council Advisory and Reference Committee Guidelines, which is:

· Any interested Councillors, including the Mayor;

· representative from Bicycle NSW; and

· resident/community representatives (including 2 representatives from Bike North and 1 representative of pedestrian’s interests).

The above membership structure is similar to cycling advisory committees in other Councils. In total, the committee is to have a minimum of five (5) representatives. In the interests of manageability, it is suggested that the maximum number of representatives should be limited to 8.

From the expressions of interest for the committee, a total of 10 responses were received. Bike North and Bicycle NSW were notified directly by e-mail of the opportunity to participate. Transport for NSW was not formally invited to participate, and from other Council’s experience, rarely attend bicycle reference/advisory committee meetings. Transport for NSW representatives can be co-opted as required.

Nominations to the Active Transport Reference Committee have been assessed against the membership criteria and terms of reference as outlined in the Council Advisory and Reference Committee Guidelines. Although the general focus for community members is to have a cycling interest, it was also requested that nominees demonstrate expertise in one or more of the following areas:

• Public policy and strategic planning;

• social, environmental and financial planning;

• climate change and waste management; transport;

• research and development; and

• governance and corporate reporting.

The table Confidential Attachment A1 provides a list of the nominees and recommendation as to their inclusion to the committee. For reference, the application forms from the nominees are in Confidential Attachment A2. This information has been made confidential as it contains personal and private information.

There were applicants that had various cycling interests, including recreation, commuter, road cyclists and mountain bike riding. Given the expected focus of the Active Transport Reference Committee on travel demand and congestion management, cycling infrastructure/facilities and cycling as a sustainable and healthy mode of transport, persons with those areas of interest have been recommended.

It is recommended that Council consider the list Confidential Attachment A1 and appoint the recommended nominees, who are considered to have the depth and breadth of expertise in a professional sense, but also demonstrate actions/behaviours suitable to advise and guide Council on active transport matters. Apart from the pre-determined member positions, it is recommended that 3 community members be appointed to the Committee to ensure the size and operation of the committee is manageable.

If Council adopts members to form a committee, it is recommended that the meetings of the Active Transport Reference Committee on the second Thursdays of the month. As the Council Advisory and Reference Committee Guidelines set out that this committee meet quarterly, this implies an ongoing meeting cycle on the 2^nd Thursdays of following months annually :

· February;

· May;

· August; and

· November.

integrated planning and reporting

Theme 4: Access, Traffic and Transport

Theme 6: Leadership

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

T1.1: A range of integrated and sustainable transport choices enable effective movement to,

from and around Ku-ring-gai.

T1.1.1: Connections are provided to public transport that are accessible to all age groups and match the travel needs of the community.

T1.1.1.1: An improvement plan is being implemented for bikeways, pedestrian facilities

and footpath networks having regard for the access, health and recreational needs of the

community.

L4.1: The organisation provides ethical and transparent decision-making, efficient management, and quality customer service.

L4.1.2: Council’s Governance

framework is developed to ensure probity and transparency.

L4.1.2.1: Ensure that Council and Committee Meetings are managed effectively and in

accordance with relevant legislation, codes and guidelines.

Governance Matters

Reference Committees provide a mechanism by which interested residents and experts can play an active role in the formulation of council policy, direction and practice. Reference Committees are an important link in Council’s communication strategy with the community and are supported via other community consultative methods.

Under the Local Government Act 1993, Council is able to delegate some of its functions to a committee of Council. The Reference Committees referred to in this report have not had delegated authority given to them and therefore they serve to provide recommendations and advice for Council. Therefore, these Reference Committees do not have the power to make a final determination on any matter referred to them. Their role is to advise on a particular position, or course of action. This advice is then considered by Council in its deliberations on a matter Reference and Advisory Committees are established under Section 355 of the Local Government Act 1993.

This report has been prepared in response to the resolution of Council on 18 October 2022 to adopt the draft Terms of Reference for an Active Transport Reference Committee.

Risk Management

An Active Transport Reference Committee would incorporate better risk management for people riding bicycles, walking and other micromobility devices by catering for a range of abilities and experience.

Financial Considerations

Owing to its status as a formal Council committee, an Active Transport Reference Committee may be a vehicle to improve Council’s ability to attract grant funding for active transport infrastructure and supporting facilities. For example, Transport for NSW offers funding on a dollar for dollar basis for facilities such as local cycleways, footpaths, pedestrian facilities, signage and other support facilities.

Part of Council’s portion of funding for active transport facilities could be sourced from the Environmental Levy’s Sustainable Transport theme, where $100,000 would be available every year for actions derived from the Ku-ring-gai Integrated Transport Strategy and Bike Plan, and to develop and promote sustainable commuter transport alternatives. Funding for active transport facilities is also available through the Net Zero Strategy. Active transport infrastructure and facilities are also a feature of the Public Domain Plans, and a portion of funding is available in the 7.11 Contributions Plan. Where a proposed cycleway corresponds with those identified in Transport for NSW’s Strategic Cycleway Corridor network map for the Eastern Harbour City, there is the potential for 100% funding assistance from Transport for NSW.

The operation and management of the committee will be funded through the Strategy & Environment, Urban Planning Budget.

Social Considerations

An Active Transport Reference Committee would provide an opportunity and a forum for resident and community representation on active transport issues.

Environmental Considerations

Through the advice the Active Transport Reference Committee, a higher level of active transport infrastructure can be attained in Ku-ring-gai, acknowledging that cycling, walking and other forms of micromobility are important travel modes for both solely pedestrian-based journeys and also parts of trips which involve bus, rail or car journeys. Communities and town centres with cycling at the forefront of design provide attractive, liveable areas with high levels of street activity, improved safety and a high quality of environment. Cycleable and walkable environments facilitate greater public transport use and also contribute to healthy communities through the encouragement of physical activity.

Increased cycling rates have the potential to make significant changes to transport patterns by shifting the high number of short trips (under 5km) that are currently undertaken by car to walking and cycling modes.

Council’s Integrated Transport Strategy recognises the sustainability and environmental benefits of encouraging riding bicycles and walking, with objectives to increase proportion of trips that can be undertaken by non-car modes and encourage active transport and active lifestyles.

Community Consultation

A web page calling for members was set up on the Committees and Panels section of Council’s web site, which went live from Friday ,3 February 2023 to Friday, 3 March 2023. This page hosted information on the committee, and links to nominations forms and Council Advisory and Reference Committee Guidelines (including Terms of Reference).

A media release was issued on 8 February 2023, and an article featured in the Ku-ring-gai e-News. The call for members also attracted the attention of the local media, with an article in the Hornsby Ku-ring-gai Post on 16 February 2023.

Bike North was notified directly by e-mail of the opportunity to participate, and WalkSydney was invited by referral from Bike North. Through an administrative oversight, notification to Bicycle NSW did not occur during the exhibition period, and a late referral was made to encourage representation. At the close of the public exhibition period 10 nominations were received.

Bicycle NSW did not submit a nomination, and it is considered that representation from Bike North on the committee should be adequate in articulating bicycle user groups’ needs. A Bicycle NSW representative could be co-opted from time-to-time, as required.

Internal Consultation

This report has been prepared in consultation staff from the Sustainability team within the Strategy and Environment department, and with other departments of Council where relevant.

Summary

On 18 October 2022, Council adopted the draft Terms of Reference for an Active Transport Reference Committee. The Council Advisory and Reference Committee Guidelines set out the membership composition for this committee, and expressions of interest were sought from the community for representatives in accordance with the Guidelines.

A total of 10 nominations were received in response to the call for members. It is proposed that pedestrian’s interests would be represented by a member of the WalkSydney group.

Recommendation:

A. That Council appoint members to the Active Transport Reference Committee as outlined in this report.

B. That the Active Transport Reference Committee meet on the second Thursdays of May, August and November 2023.

C. That all applicants be notified of Council’s decision.

Joseph Piccoli

Strategic Traffic Engineer

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1	List of nominees, and recommended members	Excluded Confidential	2023/111158
	A2	Consolidated Submission Nomination Forms	Excluded Confidential	2023/072701

26	Norman Griffiths Oval: Synthetic Field Upgrade File: S13191 Vide: GB.1
	To provide Council with a status report for the Norman Griffiths Oval synthetic field upgrade. Councillor Wheatley left and returned to the meeting during debate on this item.
	Motion: (Moved: Councillors A. Taylor/G. Taylor) A. That Council notes and receives the report on the Norman Griffiths playing field project. B. That in addition to construction proceeding: i. Council hosts a workshop or workshops with key community stakeholders by the end of April to consider minor changes to design elements such as fencing, pathways, retaining walls that would not impact the design intent (synthetic field and improved drainage), to minimise the impact on the environment, and in parallel with ongoing construction. ii. Participation in the workshop would be limited to a small number (1-2) of representatives from each of the main stakeholder groups, and they would be given at least three weeks to prepare. The stakeholder groups could include (in alphabetical order): · Friends of Ku-ring-gai Environment · Friends of Norman Griffiths · Northern Suburbs Football Association · STEP · West Pymble Football Club C. There would be an expectation of professional and constructive behaviour by all participants, and the core design intent (synthetic field and improved drainage) would not be in scope. D. That Council actively engages with NSW National Parks and Wildlife Service (NPWS) to confirm their support for the design.
	Amendment: (Moved: Councillors Kay/G. Taylor) That construction of the stormwater and synthetic sports field at Normal Griffiths Oval be put on hold until Council receives advice from the NSW National Parks and Wildlife Service that it supports and does not have any unresolved concerns about the project. The Amendment was put and declared LOST. For the Amendment: Councillors Kay and G. Taylor Against the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, A. Taylor, Ward and Wheatley No decision was taken in respect of the above matter as the Amendment when put to the vote was LOST.
	FORESHADOWED AMENDMENT: (Moved: Councillors Pettett/Smith) That Council note and receive this report. The Amendment was put and declared CARRIED. For the Amendment: The Mayor, Councillor Pettett, Councillors Lennon, Smith, Ward and Wheatley Against the Amendment: Councillors Kay, Ngai, A. Taylor and G. Taylor The Amendment became the Motion and was put and CARRIED.
	Resolved: (Moved: Councillors Pettett/Smith) That Council note and receive this report. For the Resolution: The Mayor, Councillor Pettett, Councillors Lennon, Ngai, Smith, Ward and Wheatley Against the Resolution: Councillors Kay, A. Taylor and G. Taylor

Ordinary Meeting of Council - 18 April 2023	GB.1 / 1

Item GB.1	S04141

Ordinary Meeting of Council - 18 April 2023	GB.4 / 1

Item GB.4	S11703/5
	29 March 2023

Ordinary Meeting of Council - 18 April 2023	NM.1 / 1

Item NM.1	S10973