Agenda of Ordinary Meeting of Council

MINUTES OF Ordinary Meeting of Council
HELD ON Tuesday, 3 May 2011

Present:

The Mayor, Councillor I Cross (Chairperson) (Wahroonga Ward)

Councillors S Holland & E Malicki (Comenarra Ward)

Councillor C Szatow (Gordon Ward)

Councillors J Anderson & R Duncombe (Roseville Ward)

Councillors T Hall & C Hardwick (St Ives Ward)

Staff Present:

General Manager (John McKee)

Director Corporate (John Clark)

Director Development & Regulation (Michael Miocic)

Director Operations (Greg Piconi)

Director Strategy & Environment (Andrew Watson)

Director Community (Janice Bevan)

Senior Governance Officer (Geoff O'Rourke)

Minutes Secretary (Judy Edwards)

The Meeting commenced at 7.00pm

The Mayor offered the Prayer

104

Apologies

File: S02194

Councillor Elise Keays tendered apologies for non-attendance [family commitments] and requested leave of absence.

Councillor Duncan McDonald tendered apologies for non-attendance [prior commitment] and requested leave of absence.

Resolved:

(Moved: Councillors Malicki/Duncombe)

That the apologies by Councillors Keays and McDonald be accepted and leave of absence granted.

CARRIED UNANIMOUSLY

DECLARATIONS OF INTEREST

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

Councillor Elaine Malicki advised that as she lives within the area, it is her understanding that there is no Conflict of Interest regarding Item GB.11 - Amendments to the Bush Fire Prone Land Map (exemption given) and there is no need for her to leave during debate of the item.

Councillor Cheryl Szatow advised in relation to GB.8 - Ku-ring-gai Principal Local Environmental Plan (LEP) - Draft Interface Study Part 1: Impact Assessment Resubmission of report following site inspection that she lives in Marian Street, Killara which is in a recommended precinct, but believes there is no Conflict of Interest.

105

CONFIRMATION OF REPORTS TO BE CONSIDERED IN CLOSED MEETING

File: S02499

Resolved:

(Moved: Councillors Malicki/Duncombe)

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

GB.6 20 Year Long Term Financial Plan

Attachment 2: Case 1 Major Projects Expenditure and Funding

GB.10 Mahratta Curtilage Park - Update on Proposal to Install a Fence and open the Park for Use

Attachment 3: Conservation Management Plans - Mahratta

GB.12 Networks Alliance Request for Short-Term Licence

Attachment 4: Heads of Agreement Khartoum Aqueduct - NWA

GB.16 Tender T31/2011 - Construction of new Pymble Depot

Attachment 2: Tender Evaluation Panel report

Attachment 3: Assessment of tender prices by Quantity Surveyor

Attachment 4: Corporate Scorecard for Taylor Constructions

Attachment 5: Corporate Scorecard for Kell & Rigby

Attachment 6: Tender from Taylor Constructions

Attachment 7: Tender from Kell & Rigby

CARRIED UNANIMOUSLY

DOCUMENTS CIRCULATED TO COUNCILLORS

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

Late Items:

MM.1 - Sydney West Joint Regional Planning Panel

Refer GB.15 - Draft Delivery Program and Operational Plan 2012-2015 - Attachment 1 to the report.

Memorandums to Councillors & Directors ONLY:

Refer GB.6 - 20 Year Long Term Financial Plan - Memorandum by Director Corporate dated 29 April 2011 advising of an additional dot point be included under the headings Case 1 and 2 Financial Sustainability Summary (page 99) and Summary (page 103) specifically under the sub heading Case 1 Base of the Business Papers.

Refer GB.9 - Princes Street Neighbourhood Centre - Public Domain Upgrade - Final Concept Plan - Memorandum by Director Strategy & Environment dated 21 April 2011 with a coloured A3 Attachment 2 for the Princes Street, Turramurra - Final Concept Design.

Refer GB.11 - Amendments to the Bush Fire Prone Land Map - Memorandum by Director Strategy & Environment dated
21 April 2011 with attached coloured A4 copies of all of the attachments to the report.

Refer GB.15 - Draft Delivery Program and Operational Plan 2012-2015 - Memorandum by Director Strategy & Environment dated 3 May 2011 with a copy of the Works Schedule for Public Toilets Program in reference to Attachment 1 of the report and advising that the item will be graphically designed post exhibition.

Refer GB.16 - Tender T31/2011 - Construction of new Pymble Depot - Memorandum by Director Operations dated
2 May 2011 advising of revised recommendations to the report in accordance with Clause 178 (4)[b] of the Local Government Tender Regulations.

CONFIRMATION OF MINUTEs

106

Minutes of Ordinary Meeting of Council

File: S02131

Meeting held 5 April 2011

Minutes numbered 88 to 103

Resolved:

(Moved: Councillors Malicki/Hardwick)

That Minutes numbered 88 to 103 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

For the Resolution: The Mayor, Councillor I Cross, Councillors Duncombe, Anderson, Hardwick, Holland, Malicki and Szatow

Against the Resolution: Councillor Hall

107

Minutes of Extraordinary Meeting of Council

File: S02131

Meeting held 18 April 2011

Minutes numbered EMC1 to EMC3

Resolved:

(Moved: Councillor Malicki/Duncombe)

That Minutes numbered EMC1 to EMC3 circulated to Councillors were taken as read and confirmed as an accurate record of the proceedings of the Meeting.

CARRIED UNANIMOUSLY

minutes from the Mayor

108

Sydney West Joint Regional Planning Panel

File: S08316

Vide: MM.1

As Councillors are aware, Sydney West Joint Regional Planning Panel is composed of three members appointed by the State Government and two appointed by Council. The current Council appointments are myself and Councillor Malicki, with Councillor Keays as an alternate.

Last year, Council successfully challenged a decision of the JRPP to approve a development at 27-33 Boundary Street, Roseville. Justice Biscoe of the Land and Environment Court ruled the Panel's decision to be invalid. As a result of the Court's ruling, the development application for the development in Boundary Street, Roseville remains legally undetermined, and I understand that the applicant has submitted additional supporting information and amended plans, and requested that the revised application be reassessed, and determined by the JRPP.

It has come to my attention that there is a possibility that in the event that a revised assessment of the proposal is to be considered by the JRPP, current members of the Panel may decide that they should not take part in deliberations of the Panel to avoid a possible perception of pre-judgment or bias arising as a result of the Panel's previous consideration of the development and the subsequent Land and Environment Court proceedings. If both Councillor Malicki and I were to take that position, current arrangements are that there would be an alternate member appointed by Council available to fill only one of the two places on the Panel which are entitled to be filled by Council.

In accordance with this sentiment, the Secretariat for the JRPP has suggested verbally to me that it is their intention to appoint three different members to re-determine the subject application and have suggested that Council might consider a similar course of action.

I am therefore of the opinion because this circumstance, and the possibility of future circumstances of a similar nature, it is desirable that Council should appoint at least one additional alternate member to the Panel pursuant to Clause 8 of Schedule 4 of the Environmental Planning and Assessment Act 1979. This would improve the likelihood that Council is fully represented on the Sydney West Joint Regional Planning Panel in the matters that come before it.

Councillor Hardwick withdrew during debate

Resolved:

{Moved: Councillors Malicki/Duncombe)

That the matter be deferred until all Councillors are present.

For the Resolution: The Mayor, Councillor I Cross, Councillors Duncombe, Anderson, Holland, Malicki and Szatow

Against the Resolution: Councillor Hall

The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:

(Moved: Councillors Hall/Hardwick)

That Council nominate Councillor Tony Hall as an additional alternate member of the Sydney West Joint Regional Planning Panel pursuant to Clause 8 of Schedule 4 of the Environmental Planning and Assessment Act 1979.

GENERAL BUSINESS

Councillor Hardwick returned

109

Easy Care Gardening - 5 Year option to renew on current licence

File: S07507

Vide: GB.1

To seek a resolution to grant Easy Care Gardening a 5 year option to renew on a 5 year licence giving a total term of 10 years, relating to its occupation of the Home and Community Care (HACC) building at 7 Gilroy Road , Turramurra.

Resolved:

(Moved: Councillors Anderson/Hall)

A. That Council grant Easy Care Gardening an option to renew for a further period of 5 years on the 5 year licence granted under resolution made on 22 June 2010, giving a total term of 10 years.

B. Under their delegation powers, the Mayor and General Manager sign and affix Council’s seal to the option to renew for execution.

CARRIED UNANIMOUSLY

110

Aged and Disabled Transport Services - 5 Year Licence with Option to Renew

File: S07502

Vide: GB.2

For Council to consider granting Hornsby Ku-ring-gai Aged and Disabled Transport Services Inc (Aged and Disabled Transport Services) a 5 year licence agreement with an option to renew for 5 years, giving a total term of 10 years, relating to its occupation of the Home and Community Care (HACC) building at 7 Gilroy Road, Turramurra.

Resolved:

(Moved: Councillors Anderson/Szatow)

A. That Council resolve to grant Aged and Disabled Transport Services a 5 year Licence with an option to renew for a further period of 5 years giving a total term of 10 years.

B. Under the delegation powers, the Mayor and the General Manager sign and affix Council’s Seal to the Licence Agreement for execution.

CARRIED UNANIMOUSLY

111

Ku-ring-gai Meals on Wheels Service - 5 Year Licence with Option to Renew

File: S07518

Vide: GB.3

For Council to consider granting Ku-ring-gai Meals on Wheels Service (Meals on Wheels) a 5 year licence agreement with an option to renew for 5 years, giving a total term of 10 years, relating to its occupation of the Home and Community Care (HACC) buildings at 3 – 5 and 7 Gilroy Road, Turramurra.

Resolved:

(Moved: Councillors Anderson/Szatow)

A. That Council resolve to grant Ku-ring-gai Meals on Wheels Service a 5 year Licence with an option to renew for a further period of 5 years giving a total term of 10 years.

B. Under the delegation powers, the Mayor and the General Manager sign and affix Council’s Seal to the Licence Agreement for execution.

CARRIED UNANIMOUSLY

112

Amendments to the Bush Fire Prone Land Map

File: FY00382/3

Vide: GB.11

For Council to note amendments of the Bush Fire Prone Land Map (2008) and approve their referral to the Commissioner of the NSW Rural Fire Service for certification.

Resolved:

(Moved: Councillors Anderson/Holland)

For Council to approve the proposed amendments of the Bush Fire Prone Land Map (2008) and for referral to the Commissioner of the NSW Rural Fire Service for certification.

CARRIED UNANIMOUSLY

113

Networks Alliance Request For Short-Term Licence

File: S02776/2

Vide: GB.12

To seek Council's approval for a short term licence to Networks Alliance over a portion of Council bushland Lot 227 DP 220751 [AKA 2A Yanko Road, West Pymble]

Resolved:

(Moved: Councillors Anderson/Malicki)

A. That Council approves a six (6) month licence (with a monthly holdover clause) over a portion of Lot 227 DP 220751 [AKA 2A Yanko Road, West Pymble] to Networks Alliance.

B. That Public notification of the licence agreement is undertaken in accordance with Section 47A Local Government Act, 1993.

C. That Council authorises the Mayor and General Manager to execute all documentation associated with the licence.

D. That Council authorises the affixing of the Common Seal of Council to the licence documentation.

E. That the land must be restored as nearly as possible to the condition that it was in at the time the licence is granted at the expense of Networks Alliance.

CARRIED UNANIMOUSLY

114

17A Billyard Avenue, Wahroonga - Deed of Indemnity

File: CY00066/3

Vide: GB.17

To consider granting approval for the replacement of the Deed of Indemnity for the encroachment over Council drainage easement.

Resolved:

(Moved: Councillors Anderson/Szatow)

A. That Council grant approval for the withdrawal of the Deed of Indemnity between Peter William and Patsy Rita Fowler and Council.

B. That Council enter into a Deed of Indemnity between Council and Peter Breillat and Matilda Catherine Krabman, the intending purchasers of 17A Billyard Avenue, Wahroonga, indemnifying Council against any claims or costs arising from the existence of a tennis court and a timber deck and attached stairs, constructed partly within the easement.

C. That Council affix the Common Seal of Council to a Deed of Indemnity between Council and the intending purchaser Peter Breillat & Matilda Catherine Krabman of 17A Billyard Avenue Wahroonga, in relation to an easement to drain water burdening the subject property.

CARRIED UNANIMOUSLY

115

Tulkiyan Management Committee - Minutes of Meetings

File: S02153

Vide: GB.5

To advise Council of Minutes of the Tulkiyan Management Committee Meetings held on 2 February 2011 and 2 March 2011.

Resolved:

(Moved: Councillors Szatow/Anderson)

That Council receive and note the Tulkiyan Management Committee Meeting Minutes of 2 February 2011 and 2 March 2011.

CARRIED UNANIMOUSLY

116

Community Reference Committee - Minutes of Meetings

File: S07621

Vide: GB.4

To advise Council of the minutes of the Community Reference Committee meetings held on 10 November 2010 and 9 February 2011.

Resolved:

(Moved: Councillors Malicki/Anderson)

That Council receive and note the Community Reference Committee Meeting Minutes from 10 November 2010 and 9 February 2011.

CARRIED UNANIMOUSLY

117

Investment Report as at 31 March 2011

File: S05273

Vide: GB.7

To present to Council investment allocations and returns on investments for March 2011.

Resolved:

(Moved: Councillors Malicki/Holland)

A. That the summary of investments and performance for March 2011 be received and noted.

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

CARRIED UNANIMOUSLY

Standing Orders were suspended to deal with items where

there are speakers and that all speakers be heard which was moved by

Councillors Hall & Duncombe and was

CARRIED UNANIMOUSLY

118

Princes Street Neighbourhood Centre - Public Domain Upgrade - Final Concept Plan

File: S08240

Vide: GB.9

The following members of the public addressed the Council:

J Thompson

A Kenyon

A Cordony

T Dow

P Turner

H Griffiths

To seek Council's endorsement of the final concept design plan for the footpath area adjoining the Princes Street, Turramurra shops.

Resolved:

(Moved: Mayor, Councillor I Cross/Councillor Szatow)

A. That Council endorse the final concept design plan for Princes Street for the purposes of preparation of tender documentation and specifications.

B. That Council endorse in principle the preferred traffic options 1 and 2 for Princes Street and Princes Lane as set out in the report.

C. That a further report be brought to Council in relation to traffic management.

D. That during the exhibition period of the Draft Delivery Program and Operation Plan 2012-2015 Councillors discuss at the next Budget Review Working Group the possibility of adjusting the 2011/12 Capital Works Program to include the Princes Street Neighbourhood Centre – Public Domain Upgrade project.

CARRIED UNANIMOUSLY

119

Tender T31/2011 - Construction of new Pymble Depot

File: S08625

Vide: GB.16

The following members of the public addressed the Council:

J Kell

G Dyer

For Council to consider the tenders for the construction of the new Council depot at Suakin Street Pymble and for Council to accept the tender from the preferred tenderer.

Resolved:

(Moved: Councillors Hall/Anderson)

A. That Council decline to accept any tender and negotiate with the two lowest tenderers being Taylor Construction Group Pty Ltd and Kell & Rigby Pty Ltd for the construction of the new Council Depot at 5 Suakin Street, Pymble. The reasons for entering into negotiations are due to the assumptions, qualifications and potential savings stated in their tender.

B. That the tender documents be referred to Council's solicitor for preparing the contract documents to protect Council's interest.

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

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

E. That all tenderers be advised of Council's decision and that a notice be placed on Council's noticeboard of the successful tenderer in accordance with the tendering regulations.

For the Resolution: The Mayor, Councillor I Cross, Councillors Duncombe, Anderson, Hardwick, Holland, Szatow and Hall

Against the Resolution: Councillor Malicki

The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:

(Moved: Mayor, Councillor I Cross/Councillor Malicki)

A. That Council decline to accept any tender and negotiate with the preferred tenderer, being Taylor Construction Group Pty Ltd for the construction of the new Council Depot at 5 Suakin Street, Pymble. The reasons for entering into negotiations are due to the assumptions, qualifications and potential savings stated in their tender.

B. That the tender documents be referred to Council's solicitor for preparing the contract documents to protect Council's interest.

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

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

E. That all tenderers be advised of Council's decision and that a notice be placed on Council's noticeboard of the successful tenderer in accordance with the tendering regulations.

120

20 Year Long Term Financial Plan

File: FY00260/5

Vide: GB.6

To present to Council the 20 Year Long Term Financial Plan (LTFP) 2012 to 2031 incorporating financial planning, capital works funding, borrowing strategies and depreciation funding strategies.

Councillor Hardwick withdrew during discussion

Resolved:

(Moved: Councillors Malicki/Duncombe)

A. That the principles and framework of the 20 Year LTFP as outlined in this report be adopted.

B. That Council’s 2011/2012 budget includes the following:

i) Reductions in debt servicing costs are restricted to the Infrastructure and Facilities Reserve and fully expended on Capital Works. This amounts to $2.4M.

ii) An amount of $297K transferred to the Infrastructure and Facilities Reserve, based on a Council policy to transfer funds to a former Building Reserve.

iii) An amount of $637K transferred to the Infrastructure and Facilities Reserve for Development Application Infrastructure Restoration Fees received.

iv) An amount of $304K transferred to the Infrastructure and Facilities Reserve for Street Advertising (bus shelters) receipts.

v) An amount of $2.1M transferred to the Infrastructure and Facilities Reserve for 15% of depreciation charge.

vi) An amount of $728K transferred to the Infrastructure and Facilities Reserve for interest earned on cash held in Infrastructure and Facilities Reserve.

vii) Asset sale revenue (except for 2010 Contribution Plan Asset Sales) is transferred to the Infrastructure and Facilities Reserve.

C. That excess accumulated working capital be transferred to internal liability reserves first, and then allocated to Council’s Infrastructure and Facilities Reserve and be applied to “one-off” projects that improves financial sustainability and services and facilities for the community.

D. That the Plant Replacement reserve, Swimming Pool Reserve and Tennis Court Reserve be deleted.

E. That a new internal cash reserve called 2010 Contribution Plan Asset Sales Reserve be created to collect funds from Asset sales to fund projects in the 2010 Contributions Plan and allocate interest earnings to balances.

CARRIED UNANIMOUSLY by those present

121

Ku-ring-gai Principal Local Environmental Plan (LEP) - Draft Interface Study Part 1: Impact Assessment Resubmission of report following site inspection

File: S04986

Vide: GB.8

To have Council Consider the Ku-ring-gai Principal Local Environmental Plan (LEP) - Draft Interface Study Part 1: Impact Assessment following a site inspection.

Councillor Hardwick returned during discussion

Resolved:

(Moved: Councillors Anderson/Szatow)

That the recommended planning and zoning controls for the interface site be reported back to Council (along with the outcomes of the other strategies), prior to formal public exhibition of the draft Ku-ring-gai Principal LEP.

CARRIED UNANIMOUSLY

122

Mahratta Curtilage Park - Update on proposal to install a fence and open the park for use

File: S08217

Vide: GB.10

To provide Councillors with an update on the planning for proposed side boundary fence to enable the opening of the park at 1536 Pacific Highway , Wahroonga for public use.

Resolved:

(Moved: Councillors Malicki/Hall)

That consideration of the matter be deferred pending a site inspection and that the matter be brought back to the next Ordinary Meeting of Council to be held on
24 May 2011 for determination.

For the Resolution: The Mayor, Councillor I Cross, Councillors Duncombe, Hardwick and Holland

Against the Resolution: Councillors Anderson, Malicki, Szatow and Hall

The voting being EQUAL,

the Mayor exercised his Casting Vote

IN FAVOUR of the Resolution

The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:

(Moved: Councillors Malicki/Hall)

A. That Council finalise the design plans for the boundary fencing at 1536 Pacific Highway, Wahroonga together with any required approvals from the NSW Heritage Council to enable calling of quotes/ tenders for the erection of a suitable side boundary fence to facilitate the opening of the park for public use.

B. That leasing and licensing options for the residual land at the rear of Council’s site and any encroachment issues be further reviewed by Council’s Community Department with a report back to Council.

123

Proposed Inclusion of Part of Barwon Avenue in B2 Subdivision

File: S08281

Vide: GB.13

To seek the approval of Council for the compulsory acquisition of part of the unused road reserve contained within Barwon Avenue, South Turramurra to allow its inclusion in the B2 subdivision.

Resolved:

(Moved: Councillors Malicki/Hardwick)

A. That Council approve the Compulsory Acquisition of part of the Barwon Avenue Road reserve as shown in this report by the Office of Strategic lands for Nil Consideration.

B. That Council authorise the Mayor and General Manager to execute and affix the Seal of Council where required to all documentation associated with this matter.

CARRIED UNANIMOUSLY

124

2011 ICTC Conference - Hobart, October 2011

File: CY00212/3

Vide: GB.14

To advise Councillors of the 2011 ICTC Conference to be held in Hobart, 25 October to 28 October 2011.

Resolved:

(Moved: Councillors Anderson/Malicki)

That any interested Councillors wishing to attend the 2011 ICTC Conference advise the General Manager during the early-bird period.

CARRIED UNANIMOUSLY

The above Resolution was CARRIED as an Amendment to the Original Motion. The Original Motion was:

(Moved: Councillors Hall/Hardwick)

That the matter be received and noted.

125

Draft Delivery Program and Operational Plan 2012-15

File: FY00260/5

Vide: GB.15

To place Council's draft Delivery Program and Operational Plan 2012-2015 incorporating the Budget, Capital Works Program and Fees and Charges for 2011-2012 on public exhibition.

Resolved:

(Moved: Councillors Malicki/Duncombe)

A. That the report on Council’s Delivery Program and Operational Plan 2012-2015, incorporating the Budget, Capital Works Program, Special Rate Variation (Subject to the approval by IPART) and Fees and Charges for 2011-2012 be received and noted.

B. That Council gives notice of its intention, should IPART approve Council's application for a special variation for the eight year environmental levy program to:

(i) Make and levy an ordinary rate to comprise a minimum rate and ad valorem rating structure for both Residential and Business categories, make and levy a special rate to comprise an ad valorem with a zero base rate for Environmental and New Facilities categories and make and levy a special rate to comprise an ad valorem with a $265 base charge for an infrastructure category.

(ii) Increase its rate income by the maximum 7.8% approved by IPART.

C. That Council gives notice of its intention, should IPART not approve Council's application for a special variation for the eight year environmental levy program to:

(i) Make and levy an ordinary rate to comprise a minimum rate and ad valorem rating structure for both Residential and Business categories, make and levy a special rate to comprise an ad valorem with a zero base rate for an Environmental category and New Facilities categories and make and levy a special rate to comprise an ad valorem with a $265 base charge for an infrastructure category.

(ii) Increase its rate income by the maximum 2.8% approved by IPART.

D. That pursuant to Sections 405 and 406 of the Local Government Act, 1993, delivery program and operational plan 2012-2015, incorporating the Budget, Capital Works Program, Special Rate Variation (Subject to IPART’s approval), and Fees & Charges 2011/2012 be increased where appropriate and be indexed by 2.8%, as amended, be endorsed and placed on public exhibition for a period of 28 days commencing Friday 6 May 2011.

E. That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 11% of total rates and charges in 2011/2012.

F. That a copy of resolution to adopt the Delivery Program and Operational Plan, including the special variation (subject to IPART’s approval), be forwarded to the IPART as past of Council’s application for an environmental levy.

G. That an advertisement be placed in the ‘North Shore Times’ advising public exhibition details.

H. That following public exhibition, a further report be submitted to Council on 14 June 2011 for adoption of the Delivery Program and Operational Plan 2012-2015, incorporating the Budget, Capital Works Program, Special Rate Variation (subject to IPART’s approval) and Fees and Charges for 2011/2012 to enable consideration of:

(i) Any submissions received during the exhibition period referred to D. above; and

(ii) Formal adoption of Ku-ring-gai Council’s Delivery Program and Operational Plan 2012-2015 and associated policies.

CARRIED UNANIMOUSLY

The above Resolution was CARRIED as an Amendment to the original Motion. The Original Motion was:

(Moved: Councillors Hall/Hardwick)

B. That Council gives notice of its intention, should IPART approve Council's application for a special variation for the eight year environmental levy program to:

(ii) Increase its rate income by the maximum 7.8% approved by IPART.

C. That Council gives notice of its intention, should IPART not approve Council's application for a special variation for the eight year environmental levy program to:

(i) Make and levy an ordinary rate to comprise a minimum rate and ad valorem rating structure for both Residential and Business categories, make and levy a special rate to comprise an ad valorem with a zero base rate for an Environmental category and New Facilities categories and make and levy a special rate to comprise an ad valorem with a $265 base charge for an infrastructure category.

(ii) Increase its rate income by the maximum 2.8% approved by IPART.

D. That pursuant to Sections 405 and 406 of the Local Government Act, 1993, delivery program and operational plan 2012-2015, incorporating the Budget, Capital Works Program, Special Rate Variation (Subject to IPART’s approval), and Fees & Charges 2011/2012, as amended, be increased where appropriate and be indexed by 2.8% be endorsed and placed on public exhibition for a period of 28 days commencing Friday 6 May 2011.

E. That the voluntary pensioner rebate be granted to all eligible pensioners as a flat percentage of 11% of total rates and charges in 2011/2012.

G. That an advertisement be placed in the ‘North Shore Times’ advising public exhibition details.

(i) Any submissions received during the exhibition period referred to D. above; and

(ii) Formal adoption of Ku-ring-gai Council’s Delivery Program and Operational Plan 2012-2015 and associated policies.

Standing Orders were suspended in order that

the Questions Without Notice and Inspections Committee be dealt with

prior to Business Without Notice which will be

dealt with in Closed Meeting

with Press and Public Excluded and was moved by

Councillors Malicki and Anderson.

For the Motion: The Mayor, Councillor I Cross, Councillors Holland, Malicki, Anderson, Duncombe and Hardwick

Against the Motion: Councillors Szatow and Hall

QUESTIONS WITHOUT NOTICE

126

Princes Street Shopping Precinct - Public Liability

File: S08240

Question Without Notice from Councillor Tony Hall

I ask if the General Manager would notify Council's insurers to ensure they are aware of the condition of the public domain at the Princes Street Shopping Precinct, please?

Answer by the General Manager

I will discuss that matter with the Director Operations.

127

Press Clipping Service

File: CY00048/3

Question Without Notice from Councillor Tony Hall

When I initiated the weekly press clipping service in 1998 for Councillors of editorial material in the local media, I note that this week's edition has very little editorial content and plenty of Council advertising.

Would the General Manager arrange for the service to be returned to its more useful output please keeping Councillors informed of media stories relating to Council issues.

Answer by the General Manager

I'll take that up with relevant staff.

128

Mahratta Curtilage Park

File: S08217

Question Without Notice from Councillor Cheryl Szatow

Can you please clarify whether or not a Heritage Impact Statement or conservation management plan is intended to be reported to Council from the State Heritage listed Mahratta Curtilage Park?

Answer by Director Strategy and Environment

Its certainly not intended to do a conservation management plan but othwerise we will comply with our obligations under the Heritage Act.

129

Marian Street Theatre - Fees and Charges

File: FY00382/3

Question Without Notice from Councillor Cheryl Szatow

Has the Marian Street Theatre for Young People which is the defacto management arm of the Marian Street Theatre been involved in setting the fees or have they been advised that these fees have been set?

Answer by Director Strategy and Environment

Its my understanding that those fees and charges were in fact adopted last year and no, they weren't done in consultation with the Marian Street Young Peoples Theatre. So this is the second year these fees have been in place. That said, I don't know that they have been charged because there is now an outstanding Council Resolution from some years ago that they not be charged. There is also an outstanding Resolution of Council to go to an Expression of Interest for someone to manage that property in which case, those fees and charges would apply.

130

Code of Conduct

File: S06948/2

Question Without Notice from Councillor Elaine Malicki

On 22 March Council resolved, in relation to Code of Conduct matters concerning Councillor Hall, that the Councillor apologise for his behaviour to the Councillors, to Council staff and, in particular, its Directors, to the General Manager of Ku-ring-gai Council and to the members of the Ku-ring-gai community. Council also resolved that Councillor Hall apologise to Brigidine College, two of Council's Directors and a member of Council's Sustainability Reference Committee.

May I ask Councillor Hall if any of these apologies have been made?

Answered by Councillor Hall

No.

131

Code of Conduct

File: S06948/2

Question Without Notice from Councillor Elaine Malicki

In December 2009, Council resolved in relation to Code of Conduct matters concerning Councillor Hall that the Councillor provide to the Director Community a verbal and unreserved written apology for misbehaviour concerning the complaint received on 11 December 2009.

May I ask Councillor Hall if any of these apologies have been made?

Answer by Councillor Hall

Mr Mayor, I did not proceed nor have I been notified officially by the General Manager of any of these matters. With that particular matter, because it was done without names in the recommendation and the Resolution and I am not prepared to write to somebody who has not been named.

Question by the Mayor to Councillor Malicki

Councillor Malicki, can you give me the dates again.

Answer by Councillor Malicki to the Mayor

22 March and December 09.

Answer by the Mayor to Councillor Hall

I take it that is a No.

132

Code of Conduct

File: S06948/2

Question Without Notice from Councillor Rakesh Duncombe

Given Councillor Hall's response and lack of action, would the Mayor please write to our Premier, Mr Barry O'Farrell, our local members of Parliament and the Director-General of the Division of Local Government advising them of Councillor Hall's lack of action as to these resolutions of Council and seek their advice as to any course of action that Council may be able to take to ensure that the findings of the Code of Conduct Committee and subsequent Council resolutions are carried out by Councillor Hall?

Answer by the Mayor

Thank you, I will.

Inspections Committee – SETTING OF TIME, DATE AND RENDEZVOUS

An Inspection Committee will take place at the following property:

Mahratta Curtilage Park

The time and date will be advised.

Council moved into Closed Meeting

with the Press and Public Excluded to deal with the following item:

BUSINESS WITHOUT NOTICE - SUBJECT TO CLAUSE 241 OF GENERAL REGULATIONS

The following item was dealt with after a

Motion by Councillors Malicki and Duncombe

to have the matter dealt with at the meeting was CARRIED

and the Mayor ruled URGENCY

For the Urgency: The Mayor, Councillor I Cross, Councillors Holland, Malicki, Szatow, Duncombe and Hardwick

Against the Urgency: Councillors Anderson and Hall

133

Staff Matter

File: S06948/2

Resolved:

(Moved: Councillors Malicki/Duncombe)

That all Councillor Hall's e-mails be dealt with in the first instance by the Mayor who will determine if a response will be given.

For the Resolution: The Mayor, Councillor I Cross, Councillors DuncombeHolland and Malicki

Against the Resolution: Councillors Anderson, Hardwick, Szatow and Hall

The voting being EQUAL,

the Mayor exercised his Casting Vote

IN FAVOUR of the Resolution

To Open Council

The Mayor adverted to the consideration of the matter referred to in Minute numbered 133, and to the resolution contained in such Minute.

The Meeting closed at 9.43pm

The Minutes of the Ordinary Meeting of Council held on 3 May 2011 (Pages 1 - 23) were confirmed as a full and accurate record of proceedings on 24 May 2011.

__________________________ __________________________

General Manager Mayor / Chairperson

Ordinary Meeting of Council - 24 May 2011	GB.5 / 180

Item GB.5	FY00382/3
	6 May 2011

2010 to 2011 Budget Review -
3rd Quarter ended 31 March 2011

EXECUTIVE SUMMARY

purpose of report:	To report on the review of actual expenditure and income against the budget for the quarter ended 31 March 2011.

background:	This review analyses the financial performance of the Council for the year ended 31 March 2011.

comments:	This report compares the actual versus budget resulting in a surplus variance of $4,477,204. A detailed 2010/11 project status report is included.

recommendation:	That Council approves the budget transfers as outlined in the report.

Purpose of Report

To report on the review of actual expenditure and income against the budget for the quarter ended 31 March 2011.

Background

In accordance with Part 9, Division 3, Clause 203 of the Local Government (General) Regulation 2005 (“The Regulation”), a budget review statement and revision of the estimates of income and expenditure must be submitted to Council within two months of the close of each quarter.

This review includes details on the status of each operational and capital project for 2010/11. Attachment A1 to this report provides a summary of Council’s operational and capital projects.

At the Council meeting held on 8 June 2010, Council adopted the 2010-2014 Delivery Program & Operational Plan, which incorporated the annual budget for Council for 2010/2011. This was amended on 24 August 2010. The resolution adopting this Delivery Program was under Minute 271.

Comments

General Budgetary Position

This review analyses the financial performance of Council for the 3rd quarter of 2010/11 by comparing actual expenditure and revenue against budget. Council’s budgetary position for the quarter ended 31 March 2011 is within expectations. The organisation’s year to date net expenditure shows a surplus of $33,116,980 compared to a budget surplus of $28,639,776, a positive variance of $4,477,204.

It should be noted however, that Domestic Waste has net expenditure variance of $629,928 (favourable), Sec 94 Contributions are $1,111,964 (favourable) over budget, interest earnings on Sec 94 contributions are over budget by $807,370 (favourable) and interest on internal reserves are over budget by $213,170 (favourable). Infrastructure Restorations income also ended the quarter with a favourable variance of $7,819. In addition, an amount of $229,140 (favourable) exists for profit on asset sales, depreciation and internal services.

As all these amounts are restricted to reserves or non cash, it is appropriate that they are removed from the general budgetary variance. This results in an adjusted operating surplus of $1,477,813.

This total variance for Council is broken down by the following table:

Council	Actual YTD $	Budget YTD $	Variance YTD $	Original Budget $
Operating result before Operating Projects	33,116,980	28,639,776	-4,477,204	15,663,100
Less External Restrictions - non cash			2,999,391
Net Result			-1,477,813

This surplus amount of $1,477,813 is further broken down by the following major variances:

Major Variances as at 31 March11	$
Underrun in Employee costs - Operations	752,250
Underrun in Employee costs - Corporate	284,554
Underrun in Employee costs - Development & Regulation	165,431
Underrun in Employee costs - Strategy	263,055
Underrun in Employee costs - Community	85,706
Overrun in Materials & Contracts - Civic (Mainly JRPP Legals)	-103,676
Underrun in Materials & Contracts - Community (Various)	55,284
Underrun in Materials & Contracts - Operations (Various)	234,539
Underrun in Materials & Contracts - Corporate (Various)	136,603
Underrun in Materials & Contracts - Development & Regulation (Mainly Legals)	57,360
Underrun in Operating Expense - Corporate (Mainly Computer Licensing)	163,849
Underrun in Operating Expense - Community (Mainly Rental Rebates)	229,857
Underrun in Operating Expense - Development & Regulation (Mainly Commission Paid on Infringements)	66,183
Overrun in Operating Expense - Operations (Various)	-188,406
Overrun in Other Revenue - Community (Mainly Booking and Park income)	70,513
Underrun in User Fees - Community (Various Rental Income, Golf Course Income, Sportsfield and Tennis income)	-284,686
Underrun in User Fees - Development & Regulation (mainly DA & Building Inspection and Certificate income)	-273,941
Underrun in User Fees - Operations (Restoration Income)	-118,373
Overrun in Rates Income	80,705
Underrun in Other Revenue - Corporate (Mainly Legal Costs Recovered and Insurance Contributions)	59,892
Overrun in Interest Revenue - Corporate (Interest on Investments against full year budget)	-291,080
Surplus	1,445,619

The financial position of Council is satisfactory, having regard to the revised budget estimate of income and expenditure.

Restricted Asset Report

Total Restricted Assets: As at 1 July 2010, Council’s opening balance for restricted assets totalled $100,613,807. Of this amount $67,496,165 is related to externally restricted assets and $33,644,322 to internally restricted assets.

Total Restricted Assets	Actual 31 March 2011 $	Forecast 30 June 2011 $
Opening Balance as at 1 July 2010	100,613,307	100,613,307
Add: Income	32,562,574	33,538,059
Add: Interest Received	4,615,169	6,124,000
Less : Expenditure	(31,656,678)	(50,330,010)
Balance	106,134,372	89,945,356

A detailed Restricted Asset Report for March 2011 (Actual & Forecast) is shown in Attachment A3.

Summary of Requested Budget Adjustments by Department

Department	Additional Expense	Additional Revenue
	$	$
COMMUNITY
- operational	(89,300)	(196,100)
- capital projects	294,200	275,600
Sub Total	204,900	79,500

STRATEGY
- operational	(101,000)	0
- capital projects	670,100	316,000
Sub Total	569,100	316,000

OPERATIONS
- operational	(68,000)	138,400
- capital projects	1,554,200	1,357,500
Sub Total	1,486,200	1,495,900

CIVIC
- operational	90,000	148,000
- capital projects	0	0
Sub Total	90,000	148,000

CORPORATE
- operational	(49,000)	1,878,500
- capital projects	116,500	91,500
Sub Total	67,500	1,970,000

DEVELOPMENT & REGULATION
- operational	(293,100)	(375,000)
- capital projects	0	0
Sub Total	(293,100)	(375,000)

WASTE MANAGEMENT
- operational	(30,000)	(57,800)
- capital projects	0	0
Sub Total	(30,000)	(57,800)

Total Council Budget Adjustments	2,094,600	3,576,600

NET EXPENDITURE	(1,482,000)

Details of budget variations and comments for each Responsibility Centre are outlined in Attachment A2 – Responsibility Centre Reports with Comments – March 2011.

Breakdown of Major Operating Budget Adjustments are as follows

Budget Item	$
Decrease in Employees Costs - Corporate (Governance)	-45,000
Decrease in Employees Costs - Strategy	-101,000
Decrease in Employees Costs - Development and Regulation	-185,100
Decrease in Employees Costs - Corporate (Information Management area)	-32,000
Decrease in Employees Costs - Operations (partially offset by increase in Operating Expenses)	-523,000
Decrease in Operating Costs - Corporate (Information Management)	-68,000
Increase in Operating Costs - Corporate (Management Support)	15,000
Increase in Materials and Contracts - Corporate (Information Management)	20,000
Increase in Statutory Levy - Corporate	61,000
Increase in Materials and Contracts - JRRP, Legal Costs & Code of Conduct (Civic)	90,000
Decrease in Operating Costs - Community (Mainly Rental Rebates)	-69,300
Decrease in Operating Expenses - Commission Paid (Infringements)	-68,000
Decrease in Materials and Contracts - Legal Costs (DA Consultancy Costs)	-40,000
Increase in Operating Expenses - Operations (Street Lighting)	300,000
Increase in Materials and Contracts - Operations (Mainly Agency Staff Costs)	138,100
Decrease in Materials and Contracts - Waste Management	-30,000
Total Expenditure	-537,300
Increase in Other Revenue - Community (Additional Programs and Library Fines)	41,500
Increase in Other Revenue - Civic (Legal Cost Recovery)	148,000
Decrease in User Fees - (Mainly Golf Course Income, Rental Income and Sportsfield Income)	-243,000
Increase in Compliance Fine income	75,000
Decrease in Building Certificate and Inspection income	-40,000
Decrease in DA Assessment Income	-260,000
Decrease in Parking Fine Income	-150,000
Increase in Grant Income (SES, Rural Fire Brigade)	42,000
Decrease in Trade Waste Income	-57,800
Decrease in Restoration Income	-60,000
Increase in Sec 94 Income	1,140,000
Increase in Rates Income	133,000
Increase in Interest Income	577,000
Increase in User Fees - Mainly Work Zone Income and Footpath Income	160,000
Total Income	1,505,700
Net Total Adjustments	2,043,000

An overall summary of 2010/11 budget adjustments are shown in the table below:

Domestic Waste Management Reserve Transfer

The NSW Department of Environment and Climate Change (DECC) awards an annual grant to councils to be expended on projects which enhance the quality of the local environment. The amount of this grant is determined by several factors including the quantity of waste diverted from landfill to recycling.

This grant has been treated as an income item of the Domestic Waste cost centre since it was first received in 2006/07. Examination of the terms of the grant confirms that it has a wider purpose than being confined solely to Domestic Waste and Council's external auditors have agreed that it is not a Domestic Waste restricted item.

Since 2006/07 a total of $1,487,100 has been received, including the payment in the current year. The original budget for 2010/11 included a transfer from the Domestic Waste Reserve to General Revenue for an amount of $1,061,600 and a further transfer of $425,500 was planned tor the 2011/12 financial year.

To ensure that the recovery of these funds from the Domestic Waste Reserve did not adversely impact the balance of the reserve and therefore Domestic Waste Management charges, a long term financial analysis was undertaken approximately 12 months ago. This analysis was done to determine the impact of future costs of Domestic Waste Management and the recovery of the DECC grant on the prices that Council would need to charge for Domestic Waste Management to maintain a positive balance in the reserve. A review of the analysis was undertaken recently which indicates that recovery of the amount of $425,500 scheduled for 2011/12 can be brought forward to 2010/11 and a balance of approximately $380,000 will remain in the DWM reserve at June 2011. This transfer has therefore been brought forward to this budget review to assist in funding the Water Street Reserve Project.

From 2011/12 onwards the LTFP has provided for the DECC grant of approximately $600K per annum to be receipted directly to general revenue to avoid further transfers.

Projects 2010/2011

Project variations at a department level are as follows:

DEPARTMENT	March YTD Actual	March YTD Budget	Full Year Budget	Funds to be Spent
DEPARTMENT	March YTD Actual	March YTD Budget	Full Year Budget	Funds to be Spent
Waste Management	$3,639	$6,750	$9,000	$5,361
Community	$661,540	$854,478	$1,139,000	$477,460
Corporate	$637,661	$571,700	$748,100	$110,439
Development and Regulation	$45,908	$39,600	$52,200	$6,292
Strategy	$13,627,002	$16,844,580	$20,497,600	$6,870,598
Operations	$12,760,056	$17,154,270	$23,530,400	$10,770,344
	$27,735,805	$35,471,378	$45,976,300	$18,240,495

Actual expenditure for capital works and projects for the quarter ended 31 March 2011 is $27,735,805 against March YTD budget of $35,471,378, a variance of $7,735,573 for the quarter.

A detailed project status report is attached which comments on the status of each individual project (Attachment A1).

Operations Projects

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

· Roads

The road works program is progressing well and it is expected that all works in the revised program will be completed by the end of May 2011. Expenditure is tracking well and at this stage, 80% of the roads budget has been expended.

· Footpaths

All footpath works are progressing well and expected to be completed by mid May 2011. There is an over-expenditure on some projects due to an increased scope of works. Additional funding for these works are to be provided from the drainage program.

· Traffic Facilities

The work at Fiddens Wharf Road and Lady Game Drive is now complete as is the work on Grosvenor Road near Lindfield Public School. Other works have been delayed as staff are waiting for RTA approval because of the new guidelines. Work is expected to start in May and finish by the end of June 2011.

· Drainage

A review of the rolling program has been carried out following the February 2010 storms. A number of minor drainage works have been proposed to rectify those reported to Council. Work is nearing completion on the drainage in Canoon Road. Designs are progressing for the drainage works in Oliver Road. Operational staff have completed a number of minor drainage works.

· Playgrounds

Tenders have been called for the works at Balmaringa Reserve and a report will come to Council in early June due to the extent of the works and higher than expected costs. The report will identify the proposed funding sources for the additional expenditure.

· Sportsfields

Work on Comenarra Oval is now complete and is available for the winter sports. Work on Roseville Chase Oval is also now complete and ready for the winter season. Work on Edenborough Oval is scheduled to start in early May. Work on the installation of floodlights at Alan Small Oval is now complete and tenders will be called soon for the upgrade works.

· Sports Courts

Work has been completed on the resurfacing of some of the courts at Canoon Road netball complex. It is also intended to undertake repairs to the car park using some of the material from Council’s recycling material from the road works program. Also, work is soon to start on the disabled toilet at the amenities building at Canoon Road.

· Sewer Mining

Works on the Gordon sewer mining project is now complete and irrigation water will soon be used on the course when the test results have been cleared. Work on the North Turramurra sewer mining plant is underway. The dam at North Turramurra Golf course is now complete.

· Council Depot

Works have been completed on the Stage 1 remediation at the existing depot. Tenders for the new depot have been called and awaiting Council’s final determination.

Strategy Projects

No major adjustments to Strategy and Environment projects occurred in the 3rd Quarter. By way of updates on major projects adjusted at the mid year review:

· Koola Park – construction of this project was delayed to early 2011/2012. The landscape master plan has been adopted by Council following community consultation and recent approval of a grant from the NSW Government to enable the full irrigation of the facility.

· B2 land South Turramurra – the former Minister for Planning signed the project development agreement and the project Control group is now meeting on a regular basis. Following the recent State election, the project will again be transferred back to the department of planning. Tenders for a project manager are anticipated to be called in late May 2011. A DCP for the site is expected to be submitted to Council in early July 2011.

· West Pymble Pool – The assessment of the development application is nearing completion. It is anticipated that this matter will be considered by the Joint Regional Planning Panel in June 2011. Tenders for construction are anticipated to be called in August 2011.

All proposed budget changes for each individual project and explanations for the adjustments are detailed in Attachment A4 – Summary of Budget Adjustments

Reserve Movements

Funds to Restricted Assets	$
Additional Sec 94 Income	1,140,000
Additional Interest on Sec 94 & Internal Reserves	577,000
Strategy Project (101559) Deferred in September & transferred to Revenue Carried Forward Reserve	56,100
Strategy Project (101563) Deferred in September & transferred to Revenue Carried Forward Reserve	134,000
Total	1,907,100
Funds From Restricted Assets	$
External Reserves - Domestic Waste	1,061,200
Internal Reserves - New Facility Reserve	27,100
Internal Reserves - Golf Course Levy	300,000
Internal Reserves - Information Technology	62,300
Sec 94 Funds - 2004/09 Public Domain Improvement	4,500
Sec 94 Funds - 2004/09 Sportsfield/Park Upgrade	268,000
Sec 94 Funds - 2004/09 Admin Sec 94 Officer	20,000
Sec 94 Funds - 2004/09 Traffic Studies	17,000
Total	1,760,100

The net reserve movement for the March Quarter is a movement of ($147,000).

Working Capital

The following table provides a summary of Working Capital Budget Adjustments during 2010/11

Working Capital Forecast to 30 June 2011
Working Funds 1 July 2010 - Actual	$2,885,000
Add
Operating budgeted Surplus 2010/2011	$238,300
September 2010 Review	$668,800
December 2010 Review	$51,000
March 2011 Review	$400
Working Capital Forecast to 30 June 2011	$3,843,500
Council’s working capital reflect the short-term ability of the Council to fund unplanned expenditure.

Report by Responsible Accounting Officer

The forecast of available working capital for 30June is $3,843,500. The 2010/11 budget provides for an available working capital balance of $3,123,300 meaning at this point of time a surplus over budget of $720,200 is anticipated. One of Council’s targets in the Long Term Financial plan is to provide for a minimum balance of available working capital of $3.8M. This target has now been met.

Governance Matters

Part 9, Division 3, Clause 203 of the Local Government (General) Regulation requires that the quarterly financial review must include the following:

· The original estimates of income and expenditure.

· A revised estimate for income and expenditure for the year.

· A report as to whether or not such statements indicate that the financial position of the Council is satisfactory and if the position is unsatisfactory, make recommendations for remedial action.

Risk Management

Income and expenditure is managed through the quarterly budget review process. Although some income and expenditure may not be able to be directly controlled, it can be monitored and action taken to manage the budget.

Further, Council staff utilise monthly management reporting, for operational and project income and expenditure, whereby budget variations are reported to Council.

Council’s operating budget for 2010/11 totals approximately $165M and the projects budget is approximately $45M. Quarterly budget reviews provide a mechanism for managing the significant financial risk associated with the substantial budgets that Council is responsible for on an annual basis. The review not only identifies areas of concern in terms of budget variations but also provides for an opportunity to identify remedial action on budget variations where appropriate.

Financial Considerations

Should Council adopt the recommendations of this report, Council’s working capital forecast balance will increase by $400.

Social Considerations

None undertaken or required

Environmental Considerations

None undertaken or required

Community Consultation

None undertaken or required

Internal Consultation

Corporate department staff have consulted and obtained justifications from Directors and Managers in developing this review.

Summary

Council’s working capital as at 1 July 2010 was $2,885,000 and is forecast to increase to $3,843,500 as at 30 June 2010.

The 2010/11 budget provides for an available working capital balance of $3,123,300 meaning at this point of time a surplus of $720,200 is anticipated. One of Council’s targets in the Long Term Financial plan is to provide for a minimum balance of available working capital of $3.8M. This target has now been met.

Recommendation

A. That the Budget Review report as at 31 March 2011 be adopted.

B. That the Restricted Assets Report Forecast to 30 June 2011 as at 31 March 2011, as shown in Attachment A3, be noted.

C. That the Reserve Movements contained in the report be approved.

Michael Lopez

Management Accountant

Tino Caltabiano

Manager Finance

Attachments:	A1 View	Project Status Report - March 2011	2011/096131
	A2 View	Responsibility Centre Reports with Comments - March 2011	2011/096134
	A3 View	Restricted Assets Report - March 2011	2011/095964
	A4 View	Summary of Budget Adjustments - March 2011	2011/096130

Ordinary Meeting of Council - 24 May 2011	GB.7 / 303

Item GB.7	S05273
	11 May 2011

Investment Report as at 30 April 2011

EXECUTIVE SUMMARY

purpose of report:	To present to Council investment allocations and returns on investments for April 2011.

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 Reserve Bank of Australia (RBA) retained the official cash rate at 4.75% in April 2011.

recommendation:	That the summary of investments and performance for April 2011 be received and noted. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.

Purpose of Report

To present to Council investment allocations and returns on investments for April 2011.

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

During the month of April, Council had a net cash outflow of $3,338,483 and a net investment gain (interest and capital) of $553,046. The cash outflow was mainly due to the acquisition of a property at 41 Dumaresq Street Gordon.

Council’s total investment portfolio at the end of April 2011 is $103,384,554. This compares to an opening balance of $107,819,678 as at 1 July 2010, a decrease of $4,435,124.

PERFORMANCE MEASUREMENT

Council’s investment portfolio is monitored and assessed based on the following criteria:

§ Management of General Fund Bank Balance

The aim is to keep the general fund bank balance as low as possible and hence maximise the amount invested on a daily basis.

§ Cash

11am Cash Rate is used and generally only applies to the Westpac Business Cheque Plus Account.

§ Funds Performance against the UBS Bank Bill Index

This measures the annualised yield (net of fees and charges) for Council’s portfolio, except for cash and the New South Wales Treasury Corporation Long Term Growth Facility. The weighted average return for the remaining portfolio of funds is compared to the industry benchmark of the UBS Bank Bill Index.

§ Allocation of Surplus Funds

This represents the mix or allocation of surplus funds in appropriate investments that maximise returns and minimise risk.

Management of General Fund Bank Balance

During April Council had a net outflow of funds of $3,338,483.

Investment Portfolio

Council’s investment portfolio consists of the following types of investments:

1. Floating Rate Notes (FRN)

FRNs are a contractual obligation whereby the issuer has an obligation to pay the investor an interest coupon payment which is based on a margin above bank bill. The risk to the investor is the ability of the issuer to meet the obligation.

The following investments are classified as FRNs

ANZ sub-debt AA- purchased 18/12/07 at discount

ANZ sub-debt AA- purchased 20/12/07 at discount

Bendigo Bank BBB+ purchased 9/11/07 at par

ANZ sub-debt AA- purchased 17/1/08 at par

HSBC Bank AA- purchased 14/3/08 at par

Phoenix Notes A (downgraded from AA+ purchased 31/07/07 at par

by S&P)

St. George Bank FRN AA purchased 11/09/09 at discount

Royal Bank of Scotland (Australia Branch) purchased 27/08/10 at par

senior-debt A+

With the exception of Phoenix Notes, these FRNs are all sub-debt or senior debt which means that they are guaranteed by the bank that issues them with sub-debt notes rated a notch lower than the bank itself. The reason for this is that the hierarchy for payments of debt in event of default is:

1. Term Deposits

2. Senior Debt

3. Subordinated Debt

4. Hybrids

5. Preference shares

6. Equity holders

In the case of default, the purchaser of subordinated debt is not paid until the senior debt holders are paid in full. Subordinated debt is therefore more risky than senior debt.

These types of investment are classified as Held to Maturity assets and they are therefore measured at amortised cost using the effective interest method in accordance with AASB 139: Financial Instruments: Recognition and Measurement.

In terms of reporting, these investments are shown at their purchase price which is then adjusted up or down each month in accordance with the amortisation of the discount or premium. The effect of this is to show the investment at face value at maturity.

2. Fixed Interest Notes, Term Deposits, Transferable Deposits and Bonds

Fixed interest notes and term deposits pay a fixed amount of interest on a regular basis until their maturity date. The following investments are held by Council:

Westpac Fixed sub-debt AA- purchased 25/02/08 at discount

Investec Bank Term Deposit BBB purchased 03/09/08 at par

Westpac Bank Term Deposit (5 Year) AA purchased 12/01/10 at par

St George Bank Term Deposit (3 Year) AA purchased 18/02/10 at par

Commonwealth Bank Term Deposit (3 Year) AA purchased 05/03/10 at par

Rural Bank Term Deposit (18 Month) BBB purchased 22/03/10 at par

Bank of Queensland Term Deposit (3 Year) BBB+ purchased 31/05/10 at par

Wide Bay Australia Ltd Term Deposit (1 Year) BBB purchased 01/06/10 at par

AMP Credit Union Term Deposit (1 Year) Unrated purchased 01/06/10 at par

Suncorp Bank Term Deposit (3 Year) A+ purchased 04/06/10 at par

Wide Bay Australia Ltd Term Deposit (13 Month) BBB purchased 16/06/10 at par

Rural Bank Term Deposit (13 Month) BBB purchased 16/06/10 at par

Rural Bank Term Deposit (2 Year) BBB purchased 16/06/10 at par

Community First Credit Union Term Deposit (13 Month) purchased 17/06/10 at par

AAA

AMP Bank Term Deposit (13 Month) A purchased 18/06/10 at par

St George Bank Term Deposit (3 Year) AA purchased 28/06/10 at par

Suncorp Bank Term Deposit (3 Year) A+ purchased 03/08/10 at par

Suncorp Bank Term Deposit (3 Year) A+ purchased 04/08/10 at par

National Australia Bank Term Deposit (1 Year) AA purchased 01/12/10 at par

Australian Defence Credit Union Term Deposit (1 Year) AAA purchased 02/12/10 at par

National Australia Bank Term Deposit (1 Year) AA purchased 14/12/10 at par

Suncorp Bank Term Deposit (1 Year) A+ purchased 17/12/10 at par

St George Bank Term Deposit (1 Year) AA purchased 30/12/10 at par

AMP Bank Business Easy Saver Account (at-call) A purchased 30/12/10 at par

Bendigo Bank (1 Year) BBB+ purchased 01/03/11 at par

AMP Bank Term Deposit (5 Year) A purchased 01/03/11 at par

As with FRNs, these investments are shown at purchase price with the discount or premium amortised over the period to maturity.

A Transferable Certificate of Deposit is a bank deposit (ie fixed interest) that may be transferred from one party to another. Council has four transferable deposits.

ANZ Transferable Deposits AA- purchased 22/04/08 at par

Deutsche Bank Transferable Certificates of purchased 04/09/09 at discount

Deposit A+

Commonwealth Bank Transferable purchased 11/09/09 at premium

Certificates of Deposit AA

Bank of Queensland Senior Transferable Deposits purchased 06/12/10 at par

BBB+

A bank bond is a debt security, in which the authorised bank owes the holders a debt and is obliged to repay the principal and interest (the coupon) at a later date, termed maturity.

Council has two bank bonds with senior debt obligations:

Suncorp Metway Bank Bond A+ purchased 04/09/08 at premium

Commonwealth Bank Retail Bond AA purchased 24/12/10 at par

Bendigo Bank Retail Bond BBB+ purchased 15/03/11 at par

3. Collateralised Debt Obligations (CDO)

The following investment is classified as a CDO:

Maple Hill 11 CCC- (downgraded from purchased at par

AA by S&P)

(Please refer to comments on Individual Investment Performance section for details.)

A CDO is a structured financial product whose returns are linked to the performance of a portfolio of debt obligations. It is split into tranches, whereby the riskiest or lowest tranche, the “equity tranche”, receives the highest returns. Higher rated tranches offer protection against the risk of capital loss, but at proportionately diminishing returns.

These investments are also classified as held to maturity assets and are therefore measured at amortised cost using the effective interest method in accordance with AASB 139: Financial Instruments: Recognition and Measurement. These investments are reported in the same manner as FRNs.

4. Constant Proportion Debt Obligations (CPDO)

The following investment is classified as a CPDO:

ABN AMRO CPDO PP AA- purchased at par

This is an investment whose returns are based on trading credit default swap (CDS) contracts. A CDS is a contract between two parties where one agrees to accept the risk that a company will

default on its loan repayment obligations in return for payment of a fee. Only contracts on investment grade organisations in the CDX (US) and ITraxx (Europe) indices are permissible.

5. Growth Investments

Investments that have been purchased on the basis of an anticipated growth in asset value rather than returns being based on an interest coupon have been classified as Growth Investments. The following investments are included in this category:

Longreach STIRM A+ (downgraded from AA- by S&P)

KRGC TCorp LTGF unrated

These investments are valued at fair value where the capital gain is credited to the Income Statement and a capital loss is debited to the Income Statement. The Longreach STIRM investment is principal guaranteed and the KRGC TCorp LTGF is not. The value shown in the monthly investment report is based on the redeemable Net Asset Value (NAV). The NAV is the total current market value of all securities plus interest or dividends received to date. This is the price or value of the investment at the time of preparing the report. Although the Longreach STIRM investment is principal guaranteed, reports are based on the NAV even when it falls below the par value.

The principal is guaranteed by the investment issuer monitoring the net asset value and selling the investments if the NAV falls below the level where a risk free investment will return the principal at the maturity date. Thus the worst case scenario, provided that the issuer remains solvent, for this investment is that overall return will be returns received to date plus return of principal at maturity date and no further interest payments for the remaining period.

While accounting and reporting for these investments is in accordance with the above, the following information is provided for each:

Longreach STIRM: This investment pays a fixed coupon of 2.5% and a floating coupon of 125% of the quarterly performance. A cap is applied to the total coupon at BBSW+25bps with any additional income going into the NAV. The worst case performance scenario is no coupon is paid due to 100% of investors’ funds being redeemed from the STIRM strategy and invested in a discount security to guarantee principal is returned at maturity.

KRGC TCorp LTGF NSW Treasury Corporation: This is a fund managed by the NSW Treasury Corporation which invests in a range of Australian shares 31%, international shares 31%, bonds, listed property and cash 38%. The return is based on the fund’s unit price at month end supplied by the fund. There is no principal guarantee with this fund and it is unrated.

Cash Performance against the 11am Cash Rate

The weighted average return for Cash year to date was 4.78% compared to the benchmark 11am Cash Rate of 4.85%.

Funds Performance against the UBS Bank Bill Index

The weighted average return for the total portfolio (except Cash & TCorp) year to date was 6.90% compared to the benchmark of the UBS Bank Bill Index of 4.98%.

NSW Treasury Corp against the Long Term Growth Facility Trust

The return for TCorp year to date was 12.98% compared to the benchmark Long Term Growth Facility Trust of 12.06%.

Comments on Individual Investment Performance

Term Deposit: In the month of April, the following term deposit has matured.

· SGE Credit Union AAA $1,000,000 at 7.00% pa for 1 year

During April 2011, the following term deposit was redeemed.

· Southern Cross Credit Union AAA $1,000,000 at 6.37% pa for 11 months

Longreach Series 23 STIRM: This investment is a capital protected note with exposure to a short term interest rate yield enhancement strategy. The redeemable NAV of the notes is estimated at $120.10 whereas at the end of last month it was $120.10. An annualised year to date return on the investment is 10.36% and 4.81% since inception.

NSW Treasury Corporation: The investment was made in October 2006. This is a fund managed by the NSW Treasury Corporation which invests in a range of Australian shares 31%, international shares 31%, bonds, listed property and cash 38%. The fund’s annualised return is 12.98% and is

0.65% since purchase.

Blackrock Diversified Credit Fund: In August 2008, Blackrock Investment Management informed Council of its decision to close the Blackrock Diversified Credit Fund. This action was taken due to the Cole Report recommending removal of the option for local councils to invest in managed funds. The fund was specifically created for and targeted towards NSW local councils’ requirements. At that time Council had approximately $9.5M invested in the fund.

Since then, the fund has been slowly winding down by selling its assets, however the illiquidity of markets over the past couple of years has resulted in the wind down taking considerably longer than first anticipated. In closing down the fund, BlackRock is required to conduct the sell down process in an orderly fashion to achieve the best possible outcome.

The remaining portfolio is comprised of largely domestic assets. The domestic credit markets are still highly illiquid and BlackRock will liquidate this portfolio at the earliest opportunity being cognisant of getting “reasonable” value for the securities sold. All the securities held within the portfolio will continue to pay coupons and BlackRock sees no further credit impairment of the portfolio.

There was no distribution in April 2011 and the balance of funds in Blackrock at the end of the month was $460,421.

ABN AMRO CPDOs PP: This is an investment whose returns are based on trading credit default swap (CDS) contracts. Only contracts on investment grade organisations in the CDX (US) and ITraxx (Europe) indices are permissible. The risk to Council is that if enough of the companies default on their loan payment obligations, Council’s regular payments of interest would be reduced or cease. In the event of this occurring (cash-out event), the note reverts to a risk free bond investment to guarantee principal on maturity.

CDOs: The risk of losing principal in a CDO is based on the number of defaults in the portfolio of debt obligations combined with weighting of the entity in the portfolio and the recovery rate of the entities that default. The following information is provided for Council’s remaining CDO:

Maple Hill II

As a result of the global financial market crisis, in particular the collapse of Lehman Brothers, and the release of S&P CDO Evaluator 5.0 (a set of analytical tools that evaluates an entire CDO transaction), Maple Hill II was downgraded to CCC - from AA by S&P.

· Losses absorbed: 2.17%

· Losses remaining: 3.37%

· Recovery: Floating

· Portfolio: 139 (unequal weight)

· Credit events to date: 5 (Lehman Brothers, Fannie Mae, Freddie Mac, Idearc & CIT Group)

· Credit events supported: 11.5 average sized, assuming average 33% recovery

· Credit events remaining: 7 average sized, assuming average 33% recovery. The note can withstand 5% of the portfolio defaulting, after allowing for recoveries.

· Maturity: 20 December 2014

There were no credit events in Council’s CDO during the month.

Allocation of funds

The following charts show the allocations of Council’s investment funds by various categories:

1) Credit Rating: Actual level of investment compared to proportion permitted by policy.

Investment Rating - Proportion

AAA to AA-	55.30%
A+ to A	21.91%
A- to BBB	14.03%
Less than BBB	8.76%

2) Proportional Split of Investments by Investment Institution: Actual portion of investments by investment institutions.

Council’s Investment Policy requires that the maximum proportion of its portfolio invested with any individual financial institution is 25%.

3) Investment type and YTD return: Actual proportion of investments by type and year to date return.

4) Duration: Strategic allocation of investments by duration.

Cumulative Investment Return

The following table shows Council’s total return on investments for April and financial year to date, split into capital and interest components and compared to budget:

At the end of April 2011, the net return on investments totalled $6,077,000 against a budget of $5,657,000 giving a positive variance for the year of $420,000.

It is anticipated that the year end actual return on investment will exceed budget, therefore a

budget adjustment will be reported to Council as part of the March Quarterly Budget Review.

Total Investment Portfolio

The following chart compares the year to date investment portfolio balances for 2010/2011.

During April 2011 Council’s investment portfolio decreased by $3,338,483.

Some key points in relation to investments and associated markets during April are:

International Market

· Oil prices continue to rise and moved up to over $113 per barrel from the $107 area at the start of the month on the back of fears of supply chain disruptions due to ongoing civil unrest in North Africa and the Middle East.

· RBA views the global economy as one where it is logical to expect some continued expansion on the back of strong growth in Asia, note however that the tsunami has had a major impact on Japanese production levels. Monetary policy settings globally remain quite accommodative however higher rates are seen to be looming, note that the ECB (European Central Bank) in particular is likely to hike rates again as early as June following the rise in April.

· Equity markets overseas had good months with exchanges in the U.S., Europe and Asia seeing solid gains, Germany was a standout performer. The Australian stock market struggled under the weight of an ever increasing exchanging rate to record a small drop over the month. A rising currency is a deterrent to overseas investors looking at our market against competing ones as returns generated are reduced by the currency moves.

· The Australian dollar had a very strong April, both in USD terms and on a trade weighted basis, buoyed by decent domestic economic news and commodity rises on expectations of sustained growth in China and India. Our currency hit a post float high of 1.0978 USD during the month.

Domestic Market

· The RBA left the cash rate at 4.75% in early April, the fifth consecutive month where no change in this lever of monetary policy has been used. The market believes this setting to be more accommodative for future rate rises, which are likely to come about as early as July with at least one more before Christmas.

· The RBA sees domestic growth to be in the medium term, slightly above the trend line, however data for the March quarter was likely driven down by the floods and Cyclone Yasi with coal production taking longer than expected to resume.

· Australian employment levels are seen as growing but at a reducing rate of growth, the unemployment rate is likely to hover around the current 5% level. The RBA is keeping an eye on wage growth pressures, it is likely that these will exist and grow thus impacting on inflation and consequently the movement up in the cash rate.

· As far as inflation is concerned, the price shocks felt recently in some agricultural products should revert back later in 2011. However the other big increases seen in energy are likely to be maintained. The RBA expects inflation to be close to target over the coming year, the risk here is clearly to the upside. March quarter data showed a headline CPI running at an annualised 3.3% with the underlying rate at 2.85%.

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 which was adopted by Council on 20 April 2010.

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

The risk associated with investing Council funds is the loss of income and/or assets from investment failure and/or poor investment performance. The level of risk with Council’s new investments is considered low, as investments are made only in a form of investment notified by order of the Minister for Local Government and Council’s adopted Investment Policy, which as a consequence of the Minister’s Order, is considered conservative. Also, all investments are made with consideration of advice from Council’s appointed investment advisor, Denison Financial Advisory.

Financial Considerations

The budget for interest on investments for 2010/2011 is $6,788,000. Of this amount approximately $4,124,000 is restricted for the benefit of future expenditure relating to developers’ contributions, $1,423,000 transferred to the internally restricted Infrastructure & Facility Reserve, and the remainder of $1,241,000 is available for operations.

At the end of April 2011, the net return on investments totalled $6,077,000 against a budget of $5,657,000 giving a positive variance for the year of $420,000.

It is anticipated that the year end actual return on investment will exceed budget, therefore a

budget adjustment will be reported to Council as part of the March Quarterly Budget Review.

Social Considerations

None undertaken or required.

Environmental Considerations

None undertaken or required.

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 which was adopted by Council on 20 April 2010.

Summary

As at 30 April 2011:

Ø Council’s total investment portfolio is $103,384,554. This compares to an opening balance of $107,819,678 as at 1 July 2010, a decrease of $4,435,124.

Ø Council’s year to date net return on investments (interest and capital) totals $6,077,000. This compares to the year to date budget of $5,657,000, giving a positive variance of $420,000.

Ø The weighted average return for Cash year to date was 4.78% compared to the benchmark 11 am Cash Rate of 4.85%.

Ø The weighted average return for the total portfolio (except Cash & TCorp) year to date was 6.90% compared to the benchmark of the UBSWA Bank Bill Index of 4.98%.

Ø The weighted average return for TCorp year to date was 12.98% compared to the benchmark Long Term Growth Facility Trust of 12.06%.

Recommendation

A. That the summary of investments and performance for April 2011 be received and noted.

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

Tony Ly

Financial Accounting Officer

Tino Caltabiano

Manager Finance

John Clark

Director Corporate

APPENDIX No: 1 - Draft Companion Animals Management Plan

Item No: GB.8

Companion Animals Management Plan

March 2011

Ku-ring-gai Council’s mission and vision for companion animals

What is a Companion Animal?

Any dog (canis familiaris) or cat (felis catus) whether or not the animal is being kept as a “companion”.

Mission

Ku-ring-gai is considered a leader in companion animal management, recognising and balancing the needs of pet owners and non-pet owners in the natural and built environment.

Vision

To promote an optimal environment for people and animals to live together harmoniously.

Contents

Introduction 3

Policy objective

Service & facilities 5

Education 5

Compliance 6

Current companion animal figures 7

Action plan for core areas

Customer service & facilities 9

Education 11

Compliance 13

Monitor & review 14

Introduction

Term of Plan

This Plan is to facilitate the management of companion animals and associated areas within Ku-ring-gai for the period 2011 – 2016.

Profile of Ku-ring-gai Council area and its pet community

The Ku-ring-gai local government area covers approximately 84 square kilometres or 8,446 hectares. Ku-ring-gai contains nine suburbs and displays a wide variation in landscape and wildlife, with significant areas of urban bushland identified as having high conservation status. The area is bounded by Garigal National Park to the east, Lane Cove River Park to the west and Ku-ring-gai Chase National Park to the north. The estimated residential population is 110,000. Ku-ring-gai Council encourages responsible pet ownership. The majority of households within Ku-ring-gai own, or have owned, pets and the NSW Companion Animals Register shows that there are approximately 17,000 dogs and 5,000 cats in Ku-ring-gai.

Within Ku-ring-gai we currently have:

• 2 community based dog training clubs

• 21 leash free areas for dog socialisation

• 7 veterinary clinics

• 2 pet shops

• 5 pet grooming service providers

Ku-ring-gai residents and their companion animals are regarded as one of the most interactive communities in Australia. The NSW Companion Animals Act came into effect in July 1998. The Act introduced major reforms in the keeping and control of companion animals.

The Act was developed with the understanding that all sectors of the community will benefit from having more proactive and enforceable laws. The community expectation is that Council will provide quality services relating to companion animal control.

Promotion of responsible pet ownership is the guiding principle behind this plan. Many of the issues commonly faced within companion animal management are related to irresponsible pet ownership. Council strives to encourage animal owners to be more responsible for the behaviour of their pets and in doing so, many of the plan objectives can be met.

Council’s plan identifies three main factors in companion animal management – the animals, the community and the surrounding environment. All areas are contributing factors to our management plan and strategic actions.

The plan aims to:-

• balance the needs of the community, the environment and companion animals;

• identify and fill gaps in previous planning and education;

• provide guidelines for directing and prioritising actions;

• provide measurable indicators for the assessment of plan results and outcomes.

The plan has been developed following consultation and input from Council staff, industry experts and key community members.

Policy Objective

Our Objective is to provide pet owners with support, facilities, education and regulation which accommodate companion animals while protecting the needs of the broader community and the environment.

The plan focuses on three core areas:

Service and facilities

To provide quality facilities, customer service & solutions for all matters involving companion animals.

Customer service Enhance the quality of customer service by improving communication methods, access to information and increasing the knowledge of relevant Council staff in relation to companion animal issues.

Pound facilities Provide a quality impounding service for stray and surrendered companion animals and the re-homing of surrendered animals. Regularly review the standard of service and facilities to ensure best industry practises are maintained.

Off-leash areas To provide functional facilities for the enjoyment of pet owners and utilise space provided for these reasons. To continue with planned maintenance and upgrading of off-leash areas including; shelter, seating biodegradable plastic bags and water facilities. The following off-leash areas have been proposed for up-grades in the coming years; Kent Road Reserve 2010/11, Leuna Avenue Reserve 2011/12, Warrimoo Oval 2012/13.

Education

To disseminate knowledge to all stakeholders about responsible companion management, our education programs will target the following areas:

Appropriate pet selection Promote appropriate pet selection based on individual circumstances.

Basic health and welfare principles for pets Promote the health and wellbeing of companion animals.

Identification and Lifetime Registration of companion animals Ensuring pets are permanently identified by microchip and lifetime registered at the appropriate age.

De-sexing Having pets de-sexed to reduce unwanted animals

Secure confinement Confining pets to their property and preventing escape.

Environmental enrichment and exercise Promote environmental enrichment and exercise programs to reduce the likelihood of nuisance behaviour such as barking, damage to property and personal affects.

Socialisation Promote social interaction with other companion animals and people to reduce the risk of anti-social behaviour.

Training Encourage early training of dogs to ensure pets are properly conditioned when encountering the wider community.

Public place restrictions (When not on private land) Keeping pets under effective control by means of chain, cord or leash (except in leash-free areas).

Environmental awareness Increase awareness of environmental issues associated with companion animals in relation to the native flora and fauna so as to minimise impact on wildlife and the environment.

Safety around companion animals Increase awareness of safety issues when dealing with companion animals to reduce the likeliness of serious injury resulting from attack.

Compliance

To achieve optimum compliance in accordance with legislation and local policy, our actions will focus on:

Legislative responsibility Actively enforce the Companion Animals Act and Companion Animals Regulation to ensure a safe community and minimise instances of non compliance.

Dangerous/aggressive dogs To ensure dogs subject to a Dangerous Dog Order, Control Order or a Nuisance Order are monitored and controlled to maintain a safe environment for the community.

Environment To minimise negative impacts by companion animals on the community, wildlife and the environment.

Vermin pest programs Provide compliance support for in-house pest control programs.

Current companion animal figures

To establish a benchmark, current and historical statistics have been gathered to enable periodic evaluation of the plan’s progress towards its goals.

The sources that figures will be collected from include:

· NSW Local Government Companion Animal Register (CAR), statistics available are:

o Number of animals with Permanent Identification

o Number of animals having Lifetime Registration

o Number of animals with Nuisance Orders

o Number of animals with Dangerous Dog Orders

o Number of animals with court imposed Control/Consent Orders

· Ku-ring-gai Customer Request Management System (CRM)

o Number of dog attacks reported

o Number of dogs roaming reported

o Number of dog pick-up

§ Taken to pound

§ Returned home

o Number of dogs barking reported

o Number of nuisance cats reported

o Number of cat pick-ups

o Number of companion animal enquiries

· Ku-ring-gai’s Nominated Impounding Facility

o Number of animals impounded

o Number of animals released to owner

o Number of animals re-homed

o Number of animals euthanased

Permanent Identification and Lifetime Registration

Lifetime Registration figures have improved dramatically since the introduction of the first Companion Animals Management Plan in 2006. The overall registration rate of companion animals in Ku-ring-gai has risen by more than 10% in the last 5 years. This plan aims to maintain these high lifetime registration figures by the continuation of education and compliance measures.

	December 2005			December 2010
	Total	Registered	%	Total	Registered	%
Dogs	12,295	10395	84.5	17,740	16,684	94.05
Cats	3,711	2,599	70	6,014	5,116	85.07

This table shows an increasing number of companion animals in the last 5 years. Rate of registration has increased significantly.

Customer Request Management System (CRM) – animal control

Council’s Customer Request Management System is utilised to record all concerns or enquiries regarding companion animals. This system will continue to be utilised as our primary record and case management system.

The following table demonstrates the trend over the last five years. The number of dog attacks and dog pick ups remain stable, whilst the number of dogs reported to be roaming has dramatically decreased. The decrease in roaming dogs being attributed to our greater presence in regulatory patrols and community education. However, a trend of concern is the growing amount of complaints concerning noise from barking dogs.

		2005/2006		2009/2010
Dog attack		61		67
Dog pick up	Returned home	45	151	46	143
	Pound	106		97
Dog roaming		241		126
Dog barking		231		300
Nuisance cat		*		13
Cat pick up		*		8
Companion animal enquiry		275		82

* Accurate Figures not available.

Pound activity

Under the NSW Companion Animals Act 1998, an authorised officer has the option to either return a seized animal to its owner at the address where the animal is ordinarily kept or to impound the animal at our service provider. Currently, Ku-ring-gai Council uses Thornleigh Animal Hospital to provide our impounding service. Below is a comparison for the years 2005 and 2010 of companion animal impounding activity in Ku-ring-gai.

	2004/2005		2009/2010
	Cats	Dogs	Cats	Dogs
Animals seized & impounded	11	119	9	97
Surrendered	6	9	14	9
Dumped	*	*	11	9
Released to owner	3	114	3	94
Re-homed	5	11	16	14
Euthanased	14	13	13	6

* Accurate figures not available

Action plan for core areas

Service and facilities

Activity area

Strategic actions

Proposed outcome & benefits

Performance indicator

Customer service

Maintain Council’s Customer Service unit with a database containing frequently asked questions in relation to companion animal issues to increase level of response to customer enquiries and increase knowledge of specific areas.

Maintain a current and informative website relating to companion animals

Investigate the establishment of a specialty database for persons interested in companion animal matters

Provide a high level of service to residents.

Residents will be presented with correct and current information

Facilitates efficient communication between Council & the community on all matters regarding companion animals.

Frequently asked questions’ (FAQ) database is utilised by Customer Service staff on a regular basis.

Monitor website enquiries, in particular the FAQ database.

Database established & utilised on a regular basis to provide information to residents.

Ranger services

Provide a professional and well equipped ranger unit that plans and responds to all concerns & complaints regarding companion animals.

Increase knowledge of regulatory officers regarding the management of nuisance animals.

A professional experienced team that can address all companion animal matters.

Show initiative towards improving service levels for residents

Community satisfaction

Reduced number of complaints from residents.

All matters are responded to in a timely manner.

Off leash areas

Improve facilities at dog off-leash areas in accordance with the prioritised capital works program.

Provide fencing on off-leash areas interfacing with bush.

Educate users on appropriate etiquette regarding off leash areas.

The provision of suitable areas and promotion of their use provides a range of options for the community and assists Council in the control of non-compliance.

Natural habitat & wildlife afforded greater protection.

All users are comfortable with park use and comply with mandatory requirements to control dogs and clean up after defecation.

Facilities that meet the needs of dog owners and non dog owners.

Reduced numbers of dogs straying into bushland interface areas.

Number of reports of dog attacks at off leash areas decrease. Off leash areas are clean, with minimal fouling by defecation.

Pound facilities

Maintain a quality pound facility for lost animals and animals needing new homes.

Establish guidelines for surrendered dog re-homing.

Maintenance of current high standards.

Continuation of low euthanasia rates and high levels of re-homing without releasing antisocial dogs back into the community.

Education

Activity area

Strategic actions

Proposed outcome & benefits

Performance indicator

Companion animals & the bushland

Encourage responsible behaviour of dogs and cats in bushland – living together with wildlife

Regular patrols of bushland interface areas by regulatory officers.

Increased awareness & self regulation so to protect natural flora and fauna.

Reduction in damage caused by companion animals in natural bushland.

Decrease in number of companion animals found in bushland areas.

Publications & website

Up-date and develop pamphlets to address and manage topical companion animal issues.

Update pet owner’s handbook. Distribute all written material via key pick-up points.

Make electronic copies of all publications available on Council’s website.

Increased community awareness regarding responsible pet ownership.

Residents provided with current information on companion animal issues.

Ensure website is current & has relevant links established.

Increased level of compliance by pet owners.

All contacts and information within the Pet Owners Handbook and pet pamphlets current and correct.

Website is well utilised.

Dogs Day Out

Annually host a Dogs Day Out promoting responsible pet ownership and involving the community and their dogs.

Increase interrelations between Council and the greater community.

Increase opportunities for dog socialisation and educational involvement.

Community participation & support of the event.

Anti-nuisance companion animal education programs

Implement specific programs targeting responsible ownership issues such as; nuisance/ anti-social behaviours, legal obligations, training and attack prevention.

Expansion & promotion of the Ku-ring-gai K9 Awards.

Problem and topical areas identified and managed through education programs.

Better socialised pets in the community.

Reduction in the instances of nuisance/ anti-social behaviour. Decrease in the number of serious dog attacks.

Greater community awareness.

Increased number of programs developed and delivered.

Professional development of regulatory officers

Attend Councils’ Unite for Pets meetings.

Attend other relevant companion animal seminars.

Network with other council officers and learn of their adopted programs.

Participation in joint events where deemed appropriate

Keep abreast of legislation, obtain new ideas and become involved with other councils.

Council Employs best industry practise.

Registration & identification

Actively promote the identification and registration of companion animals.

Actively promote the up-dating of registration details.

Increased community awareness of the benefits of registration

DLG provides commission based funding to Council form Lifetime Registration fees to support companion animal programs.

Lost animals are able to be returned to their owners in a timely manner.

Animals clearly identified by council officers when conducting investigations or locating owners of lost animals.

A steady flow of registration commissions are received by Council.

Dangerous/aggressive dogs

Provide regular refresher training for regulatory officers in dealing with potentially aggressive dogs.

Reduce OH & S risk to the officer in the field when dealing with difficult animals.

Low rate of workplace injuries resultant from animal attack.

Compliance Action Plan
Activity area	Strategic actions	Proposed outcome & benefits	Performance indicator
Identification and registration	Continue to proactively monitor registrations to ensure companion animals are lifetime registered as prescribed by the Companion Animals Act. Execute appropriate regulatory action for non-compliance.	Council complies with its responsibilities of enforcing the Companion Animals Act. .	At least 90% of companion animals kept within Ku-ring-gai are registered on the NSW Companion Animal Register.
Standard Operating Procedures for complaint investigation & resolution	Maintain and annually up-date standard procedures for the performance and investigation of companion animal issues. All investigations are carried out in accordance with Council’s adopted Compliance Policy.	Parity across the ranger team towards companion animal issues.	Complaints investigated in a timely and uniform manner.
Dangerous/aggressive dogs	Conduct annual dangerous dog and restricted breeds inspections. Undertake dog attack investigation in a timely and professional manner in accordance with the CAA and SOP’s. Execute appropriate resultant actions.	Dangerous dogs and restricted breeds are kept in accordance with the prescribed conditions of the NSW Companion Animals Act. Council complies with its responsibilities of enforcing the Companion Animals Act.	Dangerous dogs and restricted breeds are kept & handled in accordance with the law. Customer satisfaction that investigations have been conducted professionally and in accordance with the law.
Prohibited areas, bushland & environmental protection areas	Proactively patrol prohibited areas (playgrounds etc.), together with bush interface and environmental protection areas. Execute appropriate regulatory action for non-compliance.	Lower instances of non-compliance.	Reduction in complaints received.

Monitor and review

On-going monitoring and review of our performance regarding companion animal management is a responsibility of this plan so as to check targets on performance indicators.

Monthly monitoring of key areas: Statistics will be collected monthly so as to monitor progress and provide the basis of the annual report. The particular areas that will be monitored on a monthly basis include:-

· Animal registration – used to monitor registration rate in the area and monitor the number of unregistered animals.

· Number of registration letters sent. – to monitor the effectiveness of reminder registration letters against overall registration rates.

· Total requests received for animal control – this will allow comparisons over each financial year period to allow education and resources to be allocated effectively.

· Individual figures for monitoring key areas – the specific categories that are of major interest include; all nuisance complaints, dog attacks and dog pick ups. This will allow for programs to target problem areas.

· Animal seizure and pound activity – this information will provide the number of animals seized and the impounding rate and return rate for the Council area.

Key area monitoring There are seven other key areas that are an essential component of companion animal management, these are:

APPENDIX No: 1 - Delivery Program and Operational Plan 2010-11 March Quarter Update

Item No: GB.9

1 Community Development

11 Service Planning and Development MCDV01

1203 Planning and Development MCDV01

Code KPI Target Units Achieved Notes

a 2010–11 priority Community Plan 95 % 75

recommendations completed

Comments:

Assessment of Financial Assistance to Community Groups Program applications completed and funds distributed to all community groups.

International Women's Day 2011 successfully completed with over 70 people in attendance.

Web enabled Ku‑ring‑gai Demographic Profile and Atlas is fully functional and up to date including training session for Council staff in March 2011. A Demographic Profile Training Seminar is also planned for local community groups to assist them in gaining a better understanding of Ku‑ring‑gai's population and demographic trends.

Currently there are two staff members who are accredited as language aides and available to provide basic translating and interpreting assistance in Cantonese and

Mandarin to residents of Ku‑ring‑gai for council related matters.

Ku‑ring‑gai Meals on Wheels Service has delivered over 39,000 meals to local residents in the past three months.

Regular attendance at Aboriginal Heritage Office and Northern Sydney Aboriginal Social Plan coordination meetings including dissemination of information and liaison with appropriate Council staff members.

Planning commenced for Reconciliation Week activities in cooperation with local schools and Aboriginal Heritage Office.

12 Aged Care and Disability Planning and Development MCDV01

1200 Aged and Disability Services CDO01

Code KPI Target Units Achieved Notes

a Priority actions from the Disability 90 % 75

Discrimination Act Action Plan completed

b Priority actions from the Disability 10 % 5

Discrimination Act Action Plan completed

c Satisfaction with seniors community education 85 % 0 The survey is due to be administered next quarter

programs

Comments:

Seniors seminars offered during this period included the topics of Pain Management, Falls Prevention and Macular Degeneration Eye Health. The feedback from these seminars was very positive and the seniors were very appreciative of the programs offered to them. The Falls prevention weekly classes offer seniors at risk of falls the opportunity to develop and improve their strength, flexibility and mobility. Over 100 seniors attended or are attending these programs.

Currently working with the Communications team to look at improving the accessibility of information on Council's website. The Missed Business Booklet is being updated and will be completed this financial year. Improvements to the senior’s centres will be undertaken over the next few months.

The Seniors Festival ran during the month of March with 32 activities offered to local residents. Many of the activities were run by community organisations as well as Council. The activities ranged from free movies and morning tea to a Fish cooking demonstration and excursion to the fish markets as well as the annual St Ives Village Community Services expo and a number of interesting and innovative seminars.

The Healthy Eating and Recreation Time for seniors (H.E.a.R.T for seniors) program have been very successful with the demonstration classes and excursions booking out almost immediately. This program was possible because of an $8660 grant from Ageing Disability & Home Care (ADHC). To date the seniors have experienced the delights of Italian, Vietnamese, and Indian cuisines as well as cooking demonstrations featuring Fish recipes and Christmas treats. The related excursions were to Haberfield, Cabramatta, the Fish markets and Christmas Gourmet Market. There are 2 more classes planned featuring Greek and Lebanese food. This grant must be expended by June 2011 but it is hoped that the program will continue at least on a quarterly basis rather than the current program on a monthly basis.

The Shed was opened officially in January and already has close to 200 members. Council staff is working with the executive to establish a community kitchen which will offer the opportunity for the men to be involved with others in menu/recipe development, shopping and cooking a communal meal. Council will be involved in the initial planning and will assist and fund the Home Economist who will be overseeing the project. The CDO was invited to be part of a committee reviewing grant applications for funding to the Federal Government. The committee is convened by the Australian Men’s Shed Association (AMSA) and has met here at Council to priorities the applications and makes recommendations to the Government. To date $130,000 has been allocated and another round of funding has been announced recently.

During the quarter the Volunteer Referral Agency (VRA) received 76 enquiries with 63 referrals to Home & Community Care (HACC) services and 13 to non‑HACC services. The VRA is developing a number of promotional activities which include an inaugural Northern Sydney HACC Expo and producing an orientation DVD for services. The DVD will target the market and provide a much needed resource for community organisations.

Discussions have taken place with Council's Consultation Co‑coordinator and a consultant about the processes involved in developing this strategy. A progress report will be presented to the Community Reference Committee in June. This strategy will form part of the newly created Service Level Agreement being developed.

Council has received ADHC funding to upgrade the seniors centre kitchen & make the toilet accessible at Turramurra and some small modifications at Lindfield Seniors Centre. Currently working with Operations staff to undertake the work. It is anticipated it will be completed early in the 2011/2012 financial year. A grant to ADHC for Capital Funding has been submitted and we are awaiting the decision. Subject to this being successful, a larger upgrade of the HACC facilities will be done.

13 Children’s Planning and Development MCDV01

1201 Children Services Development CDOF01

Comments:

The substantial state and federal policy reforms affecting the children’s services sector has continued to be a major focus for Children’s Services this quarter, with a large amount of work devoted to responding to government changes concerning children’s services regulations and legislation.

A total of three submissions were submitted providing local feedback to the Commonwealth Department of Education, Employment and Work Relations. The submissions were in response to the Information Paper on the Education and Care Services National Law and proposed new regulations. Submissions were made by local interagency working parties and coordinated by Ku‑ring‑gai Council’s Children’s Services.

News and updated information about the children’s services developments have also been regularly conveyed to local children’s services in Ku‑ring‑gai including local children’s services forums. A survey of Communication Network members in March found that 95% of respondents rated the information very useful or useful and 100% wanted the Network to continue.

Further work has been completed on the Child City Friendly Initiate including key principles and relevance to Ku‑ring‑gai. The information gathered will be forwarded to the Strategy Department for consideration and possible incorporation in the design of Ku‑ring‑gai's Town Centres.

1202 Family Day Care FMDC01

Code KPI Target Units Achieved Notes

a Achieve utilisation of Family Day Care 90 % 70

Comments:

The Family Day Care Scheme has completed fire equipment checks and fire practice drills for all registered carers. All carers have completed Child Protection training, Early Years Learning Framework training and have enrolled or completed the Certificate III in Child Care.

All Scheme policies have been updated to reflect the new Children's Services Regulation 2010 including excursion risk assessments and fire equipment checks.

The Family Day Care Scheme is currently preparing for Quality Assurance Accreditation. Part of this process involves a Quality Assurance survey highlighting 6 quality areas including: Interactions, Physical Environment, Children's Experiences, Learning and Development, Health and Hygiene, Nutrition, Safety and Wellbeing, Carer and Coordination Unit Staff and Management. The Scheme achieved a 95% satisfaction rating from families and carers.

During structured play sessions conducted by the Scheme a number of activities have been completed including: Chinese New Year celebrations, Living Eggs program, fire engine visit, St Patrick’s Day celebrations, Harmony Day celebrations and planting of vegetables and herbs.

1204 Thomas Carlyle Children’s Centre NSO

Code KPI Target Units Achieved Notes

a Achieve utilisation of the Thomas Carlyle 90 % 88

Children’s Centre

Comments:

The current overall utilisation level is 88% due to the staged enrolment of children at the beginning of each year. The Centre has also commenced a promotional drive including banner displays, flyer distribution in cafes, Festival on the Green, shopping centres, promotion in Council’s electronic newsletter and local schools.

During the March quarter the centre has provided children with various activities including: The Flying Wombat Music, A Bagpiper musician, The Magic Pirate, Harmony Day celebrations and Chinese New Year celebrations.

In February, the formal opening of the playground was held in a very festive spirit and was attended by over 150 children and parents. The feedback from both children and parents has been extremely positive.

All Centre policies were reviewed and updated to comply with the Children's Services Regulation 2010.

1206 Immunisation FMDC01

Comments: Achieved 95% satisfaction rating by families using the Immunisation clinic.

During this quarter 6 immunisation clinics conducted.

14 Youth Planning and Development MCDV01

1205 Youth Services YTHO01

Code KPI Target Units Achieved Notes

a Participants in Youth Services activities 5,000 No 1,616

Youth Council - The Youth Council has met on four occasions in the quarter at Turramurra Youth Service with an average attendance of six young people. The Youth Council was involved in an introductory discussion with the Manager of Westpac Bank in Turramurra in relation to financial management. Members of the Youth Council have been attending the Community Reference Committee and provision input on local youth services/issues.

Live Music Event- On Friday 11 March Youth Services held a band night at the St Ives Youth Centre. There were 151 young people in attendance. The headline act was a band called 'Hand of Mercy'.

School Assembly Promotions - Youth Services staff attended Killara High School to speak to the year 7 and 8 assemblies about the range of youth services that Council has on offer.

Gordon Student Resource Centre - There was a total of 795 young people in attendance at the Gordon SRC.

St Ives Youth Centre - There was a total of 163 young people in attendance at the St Ives Youth Centre. This involved a barbeque at St Ives Skate Park that engaged with young people who are not involved in structured sport.

The Young Fit and Fun program commenced on Friday 11 February at St Ives Youth Centre. The program hosted 10 females between 13 and 18 years and was conducted by two professional instructors.

Week One: Circuit training i.e. skipping, push ups, boxing, abs training, ladder training and jogging

Week Two: Boxercise

Week Three: Outdoor exercise i.e. sprints, medicine ball, stretches, indoor circuit training

Week Four, Five and Six: Outdoor exercise and soccer

Overall the program has been a huge success with over 20 Y/P involved and the feed back they have given is all extremely positive. On average the program has had 9 Y/P attend per week and our aim is to know grow that to an average of 12-15.

Turramurra Youth Service - There was a total of 120 young people in attendance at the Turramurra Youth Service.

School Holiday Activities - The January school holidays included day trips such as go carting and skating. There were a total of 15 young people at these programs.

Young Women's Program in Local High Schools - The Young Women’s Program is run through a partnership between Ku-ring-gai Youth Development Service (KYDS), Ku-ring-gai Council and Clifton Adolescent and Family Solutions (CAFS). In total 300 young women have gone through the program from Killara High School, St Ives High School and Ku-ring-gai High School. These young women comprised of year 8 and 9 students.

The Program is 5 sessions long and covers the following topics; Alcohol and other drugs / Bullying / Body image and self esteem / Sexual health and healthy relationships. Youth Services staff has attended schools on 12 separate days during the quarter to deliver the program.

Young women were split into groups of 15 for the duration of the program. The aim was to provide a safe environment to discuss and learn about these important issues through a range of activities. The program has received a great response from the participants. Each participant was required to fill out an evaluation form which will be compiled into a report in May.

Young Filmmakers Workshop in Turramurra Youth Service - This eight week course has been highly successful with 12 young people attending on a regular basis. As a result of the course, the participants have developed three short films that will be posted on Council's website. Young people covered the following topics;

· Introduction & demo of industry standard equipment & software

· Getting the best out of your video - formats & conversion tools

· Getting the best out of your camera

· Planning & executing a professional shoot

· The stages of post production (including: editing, colour correction / colour grading, basic audio mastering, exporting & formatting, optimising for web)

Young Males Program in Local High Schools - Youth Services staff facilitated seminars in St Ives High School on three occasions with total attendance of 300 year nine males. The topics included the 'Consequences Film Resource', 'Youth and the Law' and 'before and After an Acquired Brain Injury'. The young people responded really well to the guest speakers we brought in. The model worked well as an effective early intervention tool.

Public Art Project in St Ives - On Friday 21 January over 20 young people assisted professional artist Art Phonsawat to create a mural at St Ives Skate Park during the January school holidays. The project aimed to engage and empower local young people, providing them with the opportunity to express themselves and develop their creative and interpersonal skills. The aim was to create a more welcoming environment for the general community at the skate park.

Band Development Evenings - There were two band development evenings held in the quarter on 24 February and 31 March. These events are an opportunity for young local bands to perform at a small, local venue in front of their friends. There were a total of 63 young people.

15 Leisure, Art and Cultural Development MLCD01

1300 Art Centre ARTC01

Exhibitions

Art Centre exhibitions are an important component of the annual program. Exhibitions highlight the diversity of classes offered at the Art Centre and excellence of tutelage and accessibility in the Ku-ring-gai LGA. Students, tutors and independent artists are all represented by the Art Centre gallery.

The exhibitions offer a fine starting point for prospective students who are 'not sure' which class they would like to attend, and offer an excellent opportunity to showcase the Art Centre.

Exhibitions on show for 1st quarter 2011:

Children & Teen Art Show

Annual Tutors Show

Persian Miniature Art Exhibition

Woks on Paper & Contemporary Art Exhibition

Exhibitions Red Wall - Council Chambers

Artists represented during the last quarter on the Red Wall at Council curated by the Art Centre: Red Wall exhibitions give the wider community an insight into Council’s commitment to the Arts.

Red Wall Exhibitions on show for 1st quarter 2011:

Special Events

Persian Miniature Art Workshop & Exhibition

Coming to the Art Centre from direct from the NGA, Master Artist, Hossein Fallahi together with his son Mehran Fallahi (from Isfahan, Iran), included Ku-ring-gai Art Centre in their Australian tour. The workshop was fully booked. The exhibition of miniature art works was an excellent introduction to the community on the art, history and culture of this ancient and fascinating art form.

The Art Centre is proud to present international artists to the local community.

Classes Term 1 2011

January School Holiday Program had enrolments of 265 students.

Term Classes - 702 students enrolled in term classes during this term.

Weekend Workshop & Summer School

55 students booked into weekend workshop & summer school master classes.

Watercolour, Drawing, Printmaking, Persian Miniature Art, Life Drawing & Ink & Pastel classes offered

Total enrolments for Term 2 1022 students

Ku-ring-gai Art Centre continues to uphold a reputation of excellence for mentoring, exhibition opportunities and relevant art classes. Both traditional and contemporary methods and ideas explored.

1301 Community Programs PRLS01

Code KPI Target Units Achieved Notes

a Enrolment at vacation care centres and school 80 % 89

holiday programs

b Capacity enrolment of Spring into Action 70 % 100

activities

Comments:

Summer 2010 School Holiday Program ran for a total of 22 days over a 6 week period: Friday 17 December ‑ Thursday 23rd December 2010 & Tuesday 4 January ‑ Thursday 27 January 2011

Council’s vacation care programs had a total of 1940 attendees booked to attend at the 3 programs over the operating days, operating at a total of 89% capacity.

* Kids Getaway had 544 attendees ‑ averaging at 39.8 children attending each day ‑ 80.95% capacity

* St Ives Kids Klub had 375‑ Daily average of 37.5children attending each day ‑ 87.62% capacity

* West Pymble Kids had 1020 attendees‑ with a daily average of 44.3 children attending each day ‑ 97.51%

There were 4 additional children who had additional or support needs attend in the summer program, that we receive funding support for from KU Inclusion Support.

16 Library Services MLIB01

1350 Library Services MLIB01

This service provides efficient and timely access to information and resources

Code KPI Target Units Achieved Notes

a Acquisitions budget spent 100 % 66 The remainder of the budget will be spent during the next

quarter.

b Satisfaction with library services 70 % 0 The survey is due to be administered next quarter.

c Increase in number of hours of internet used 10 % ‑10 Usage of internet facilities has decreased throughout the year.

Comments:

Library Branches

The Ezone facility continues to be heavily used compared to usage prior to its launch in July 2007, however current activity has decreased slightly during this quarter to 7,948 from 9,358 compared with the corresponding quarter last year. The average rate of utilisation of all terminals across the Library decreased 61% to 49% with Gordon branch showing the highest usage rate.

During this quarter, usage of Yourtutor, the Library’s online tutorial service for students from Year 4 to Year 12, was accessed by 191 students of whom 82% agreed that Yourtutor was helpful and 83% would recommend it to a friend. These results show a marked usage increase compared with those for the corresponding quarter in 2009‑10. A total of 191 students benefited from the facility during the third quarter in 2010‑11 compared with 106 during the third quarter in 2010.

Justice of the Peace services continues to be utilised at Turramurra branch and at Lindfield. This is a community helping community service where registered JPs visit the branches on Wednesdays and Saturdays respectively to provide JP services.

The Free Wireless Internet facility introduced to all branches continues to be well used.

As part of the Art in the Library program two local artists, Fay Simpson and David Hutchins exhibited during this quarter. This was the first exhibition for these artists who exhibited together due to the popularity of the program.

Book clubs continue to meet at each branch on a monthly basis with an average membership of 10‑12.

Housebound and Libraribus

The Libraribus has continued in popularity with new members continuing to register interest. The Library continues to provide 3 separate Libraribus pickups each day, three days a week, with some room to expand if demand increases. It currently serves 184 customers. This compares with 162 members during the corresponding quarter in 2009‑10. The Housebound service has provided library services to members of the community who are unable to leave home for the past 30 years. It functions during week days and serves 77 residents compared with 67 customers in the third quarter of 2009‑10. During this quarter, the Housebound Service made valuable connections with the social isolation working group

The changes to the distribution process for Navigators to Macular Degeneration Foundation members, who are also library members, are gaining popularity and are proving successful with the community. The Navigator program now has 40 registered members, compared with 20 during the third quarter of 2009‑10.

17 Community Functions MLCD01

1303 Community Functions ACUO01

Code KPI Target Units Achieved Notes

a People attend events 15,000 No 8000

Council's Australia Day Concert was a great success. Despite the stifling temperatures Ku-ring-gai's 2011 Australia Day celebrations were a huge success, with over 6,000 people turning out to celebrate everything that makes Australia great.

Families were undeterred as the temperature pushed 40 degrees Celsius, bringing their great Aussie spirit along to the evening concert at Bicentennial Park to enjoy performances by Chrissy’s Island Family, The Diramu Dancers, Tuckitinya Bush Band and Mark Da Costa and the Black List. Special Guest Ambassador Jonathan Daddia of Masterchef fame shared his insight into what it means to be Australian and cooked up a storm in the St Ives Lions Club stall.

Children sang and danced along to the wonderful entertainers, and enjoyed face painting, tattoos, rides, games and showbags, while the mums and dads indulged in delicious foods.

Many dedicated volunteers participated in the event including; Ku-ring-gai State Emergency Services (SES), bushfire brigade and St John Ambulance helping us on the day, keeping the crowd safe. Community spirit was also out in force, with the SES and St Ives Lions Club raising money for the flood appeal and Century 21 donating all funds raised in their tent to the Trish MS Research Foundation.

Member for Davidson Jonathon O’Dea and Cr Duncan McDonald also presented some of our most outstanding local heroes with Citizen of the Year awards for their hard work and accomplishments.

- Citizen of the Year – David and Pam Sandoe

- Young Citizen of the Year – Mitchell Bazzana

- Senior Citizen of the Year – Bob Mackenzie

- Outstanding Service to the Community – Kevin Callinan

- Mayor’s Australia Day Award – Anna Reynhout

- Mayor’s Environmental Award – Drew McIntosh

The whole evening was capped off by a spectacular fireworks show which dazzled young and old, the event culminated to a magnificent Australia Day finale.

The event was supported by Major Sponsor LSV Productions, Event Partner Century 21 Cordeau Marshall Gordon, Media Partner North Shore Times, Event Supporter Hornsby Honda and the Ambassador Program sponsored by Woolworths.

18 Sport and Recreational Facilities Management MCRP01

1250 Sport and Recreational Facilities Management MCRP01

Code KPI Target Units Achieved Notes

a Permanent and seasonal allocation of 100 % 100

community and sporting facilities completed

within agreed timeframes.

Comments: Golf Courses - Focus in March is to work with the Club and professional to promote that Gordon Golf Course following the completion of the Sewer Mining and irrigation works to public players.

West Pymble pool - The new operator worked with Council in March quarter to deliver swimming carnivals and swimming services. January had high attendance due to the warm summer and the closure of Hornsby pool attracting additional swimmers.

Attendance of 21,356 in January as compared to 14,501 in the previous year, February was 20,675 as compared to 12,590 in 2010.

Sportsfields - In late March, Ku‑ring‑gai Council welcomed the return of Roseville Chase Oval (Roseville Chase) and Comenarra Sportsground (South Turramurra) which have been closed for the past 12 months with major capital works. Both venues are looking fantastic with new irrigation connected to water harvest systems, laser levelling, sand slit drainage and returfing.

Allan Small Park in East Killara has also recently been established with floodlights which will be well utilised by local community sporting clubs and associations.

Active Ku‑ring‑gai - The Active Ku‑ring‑gai Open Day held on Sunday 6th February at the St Ives Village Green was held in warm conditions which saw between 70‑80 people attend the event. The day was enjoyable for all that attended which featured a healthy breakfast, various activities and fun filled prizes. The event helped attract 10 new registrations across a variety of classes and planning is underway for the next edition of the Open Day to be held possibly later this year or early next year.

The Active Ku‑ring‑gai Program has maintained the numbers from term 4, 2010 to see a total of over 150 people participating within a range of activities. This term saw a significant increase in the popularity of the Social Tennis and Tai Chi programs. New programs to commence in term 2/3 of Active Ku‑ring‑gai will see Zumba take place on Monday nights and Social Tennis on Wednesday nights as more and more people get active in the Ku‑ring‑gai community.

A new sport program: “Active Kids” will take place in the first week of the April School Holidays (11th‑15th) at West Lindfield Hall and the Queen Elizabeth Reserve. Kids 5 ‑ 12 years of age will learn new skills, have fun and play a variety of sports with the professionals from Oz Sport Solutions, an industry leader in sports coaching and education. Marketing will be targeted at local schools through the use of flyers, posters, newsletters and via the Council’s website. The target number for this program will be to attract 20 kids per day.

2 Urban Environment

21 Engineering Services Asset Maintenance and Management MGES01

2901 Street Lighting DESE02

Street Lights

Energy consumption - Developing field, EA increasing costs on more reliable lights to offset savings to Councils.

3153‑8 Asset Maintenance MGES01

Code KPI Target Units Achieved Notes

a Improvement in the condition of Council’s 10 % 0 To be reported in the 4th quarter

building assets

Service levels continue to be developed in accordance with Council's asset management plans. It is not proposed to finalise the service levels until Council has considered the funding gaps associated with all of Council's assets. Asset management plans reported to Council in February 2011. The collection of data for the calculations of fair value for all the outstanding assets is progressing well and should be completed by May 2011.

Work is progressing well on the maintenance of Council's assets in accordance with the 2010/11 programs.

Unplanned works due to Strom and theft: Storm damage at Pymble Town Hall, requiring urgent works to ridge capping, tiles & electrical, as well as water in-gress into lift well.

Cabling theft feeding flood lighting has occurred at some recreational field requiring security measures and replacement of assets.

3201 Building Management MGES01

Code KPI Target Units Achieved Notes

a Building Maintenance Program completed 85 % 0 To be reported in the 4th quarter

Trades staff have completed 50% of a total 258 activities in the Building Maintenance Program which commenced in November. Contractor programs are currently 24% programmed/completed, with the remainder scheduled and chasing quotations

Theft of electrical cabling has occurred in a few areas. Security has been escalated and trades staff investigating methods of reducing further occurrences.

22 Fleet Maintenance and Management MGES01

3250‑4 Operational Fleet MGES01

Code KPI Target Units Achieved Notes

a Reduction of fuel consumption by passenger 5 % 0 To be reported in the 4th quarter

fleet

b Reduction of fuel consumption by operational 5 % 0 To be reported in the 4th quarter

fleet

c Energy use per year from alternate low or zero 3 % 0 To be reported in the 4th quarter

CO2 emissions source

Consultation completed on all Operational plant. 1 replacement completed, 4 ordered, quotations for 9 received and 2 information pending from sections holding up orders. Large Flowcon plant ordered, but is long build time, Street Sweeper to be ordered under Local Government Procurement.

All prioritised in Replacement list now actioned. Final 4 cars on order, 10 delivered, swapped and sent at auction for disposal, and 28 sold.

Consultation is continuing with stakeholders with replacement of Operational and Passenger fleet vehicles and plant. Evaluation of plant has occurred and forms returned. Some subsequent meetings have been arranged prior to ordering replacement were utilisation rates are low and less costly alternatives requested fro consideration.

23 Infrastructure Design and Construction DESE02

OSPR Open Space Projects MOSP01

Code KPI Target Units Achieved Notes

a Increase of recycling material in operational 4 % 0 To be reported in the 4th quarter

projects

b Increase of recycling material of waste 4 % 0 To be reported in the 4th quarter

products

c Roadwork, footpath and drainage program 95 % 70

completed as per adopted list

d Infrastructure levy projects completed 100 % 75

e Stormwater levy charge program implemented 90 % 70

within set timeframe

All project passed to Operations for construction are progressing on or close to timescale, with only a few minor delays due to wet weather.

The Construction of the Sewer Mining Plant at North Turramurra Golf has commenced. The upgrade of the Memorial Precinct, Turramurra Memorial park is progressing well and will be completed on schedule. The Upgrade of the netball courts at Canoon Road has been completed slightly ahead of schedule. Both Roseville Chase Oval and Comenarra Sports field upgrades have been completed and handed back to maintenance and bookings.

RFDP Roads, Footpath and Drainage Program DESE02

Code KPI Target Units Achieved Notes

a Open space car park and fencing program 100 % 50

completed

b Park improvement program completed 90 % 75

c Playground upgrade program and associated 100 % 75

works completed

d Sportsfield improvement program completed 90 % 75

e Hard court improvement program completed 100 % 90

f Canopy replenishment program completed 100 % 75

Comments: Footpath and shoulder program going to schedule, Drainage and traffic programs on course, some Roads and Traffic Authority (RTA) funded works delayed by RTA

Reason: RTA funded traffic facility work delayed by RTA superseding design guides from Jan 17th and new information not available in mid April.

Remedial Action: Email RTA for information, check relevant websites, attend RTA training on Friday 11 March 2011.

Highlights: Lady Game shoulder work completed, Deburgh Road footpath completed, Diana Ave Footpath completed, design of Boomerang and Lynbara footpaths 90% complete for construction next year. Millewa and Illoura pedestrian refuge upgrades nearly completed

24 Traffic and Transport MGTT01

2951‑3 Road Safety RSOF01

Code KPI Target Units Achieved Notes

a Road safety program completed within set 90 % 75

timeframe

Comments:

Child Restraint Seminar was held on 30 March 2011 with 18 People registered and 14 in attendance. This is the first time this seminar has ever been held at Ku‑ring‑gai and the survey feedback was excellent.

The Safety Outside Schools program resource offered to all primary schools for Term 1, 2011 was the pocket size Parking Safe and Staying Safe Around Schools. Approx 11,000 was distributed.

During Term 2, 122 LOOK stencils will be installed onto the pavement at pedestrian, children’s and signalised crossings immediately outside schools where they don’t already exist and replacing those that are damaged. RSO also participated in one school road safety audit during Term 1 2011.

A Helping Learner Drivers workshop was held at Council 3 March 2011 with 65 supervisors attending the evening. We reached the maximum registrations and had to refer approximately 30 people to the next workshop.

During this Quarter RSO has also submitted to the RTA a 2005‑2009 Crash Analysis, 2011‑2012 Ku‑ring‑gai Council Road Safety Action Plan and five funding applications for projects scheduled for 2011‑2012.

2952 Traffic and Transport MGTT01

Code KPI Target Units Achieved Notes

a Traffic facilities program completed within set 90 % 75

timeframe

Comments: Traffic facilities auditing and other program aspects are on track. Traffic investigations are undertaken and where necessary, reported to the Ku‑ring‑gai

Traffic Committee, in consultation with residents.

25 Emergency Management MGES01

2902 Rural Fire Service MGES01

Comments: Meeting planned between Hornsby and Ku‑ring‑gai to discuss Memorandum Of Understanding (MOU), however postponed as Rural Fire Service (RFS) District Manager was providing further updated MOU for consideration. Draft MOU pending

2903 Emergency Management MGES01

Workshop meeting in 2 March with Local Emergency Management Officers (LEMO's), District Emergency Management Officers (DEMO's) and Local Emergency Operations Controllers (LEOCON's) to discuss changes in legislation. New Charter established for District Emergency Management Committee (DEMC) and will be required for Local Emergency Management Committee (LEMC). Charter for discussion at next LEMC meeting 10 April and then incorporated into Standard Operating Procedure (SOP) and Hornsby-Ku-ring-gai Disaster Plan (DISPLAN).

Update DISPLAN for the New Fire Control Building location as Emergency Operations Centre (EOC) for Bushfire Emergency co-location required.

26 Waste Management MGWM01

3350 Domestic Waste Service MGWM01

Code KPI Target Units Achieved Notes

a Diversion of waste from landfill 60 % 60

Comments: Diversion rates tracking consistent with 60% reduction to landfill.

3352 Recycling Service MGWM01

Code KPI Target Units Achieved Notes

a Contamination by weight for dry recyclables 4 % 100 no incidents of contamination above 4%

and green waste

Comments: No incidents of contamination above 4%.

Bin lid change over progressing per schedule.

3400 Trade Waste MGWM01

Code KPI Target Units Achieved Notes

a Compliance with Landfill Environmental 95 % 75

Management Plan

Comments: Former landfill monitoring continuing per management plan.

27 Open Space Services MPTR01

2404 Bushland Maintenance BOPS01

Code KPI Target Units Achieved Notes

a Bushland maintenance program complete 85 % 87

Comments:

ACCESS 90% Completed

The Access team currently manages a 44km network of fire trails throughout Ku‑ring‑gai. The maintenance of these trails as well as the vegetation maintenance of walking tracks is divided into two yearly rotations. Current works are on rotation B, Cowan and Middle Harbour Catchments.

Works on vegetation maintenance is on track with 100% of the programmed works completed. Surface works on sediment ponds and swails has been impacted by a large amount of rainfall this quarter and is 50% complete.

Highlighted works during the quarter were at:

Maintained Broadway Car‑park for public amenity by veg trimming and scrapping back dumped fill and rubbish

Assisted Fire Prevention by cutting control lines at the Vale Street burn (28/2/11

Assisted Fire Prevention Team creating access on their Warrimoo Fire Break

Assisted with an environmental burn at Shinfields Reserve

2452 Playground Maintenance MPTR01

Comments: All routine inspections and repairs have been completed according to requirements.

2457 Park Maintenance TECO02

Code KPI Target Units Achieved Notes

a Park maintenance program completed 85 % 75

Comments:

St Ives Showground

The start of the New-Year has seen the usual flurry of regular bookings plus a host of events held at the site.

Our main arena has hosted the Ku‑ring‑gai District Soccer Association’s Futsol night competition as well as other events.

There has also been a steady procession of school cross country carnivals held every week.

Parks continue to improve on the scheduled maintenance. This sees more frequent visits to each site to improve both safety and appearance.

Our parks receive varied use from regular groups like Tai Chi and Pilates classes to one‑off bookings such as the outdoor movie night held at Bicentennial Park in March.

The Australia Day citizenship ceremony was held in Wahroonga Park, Australia Day concert was held at event at Bicentennial Park.

2550 Open Space Asset Management OSAO01

Comments: All assets within open space locations have been inspected.

All information including condition ratings, photos and cost values will be updated into the database by the end of April.

2557 Sportsfield Maintenance SFMS01

This service undertakes maintenance of Council's sportsfield and golf course network, involving development, planning and proritising of pro‑active and

reactive maintenance programs.

Code KPI Target Units Achieved Notes

a Sportsfield maintenance program completed 85 % 75

Comments:

Sportsfield Maintenance

Sportsfield ground staff have been busy preparing the sportsfields for the winter season ahead. As part of this process staff have had to undertake the marking of 66 soccer fields, 11 rugby fields, 1 Australian Rules field, 2 hockey fields and 17 softball diamonds. They have also had to install 36 sets of soccer posts, 1 set of Australian Rules posts and 11 sets of Rugby posts. These works have to be completed in a short space of time.

The posts have to be erected in a 2 week window. Before winter season commences staff have to cover 19 synthetic wickets with plastic and either soil and turf or just soil. In total 240 tonnes of soil were used and 1,940 square metres of turf were used in this process.

All fields have been fertilised prior to the onset of cooler temperatures in the hope the grass will survive the winter season. Crews have used 200 bags of hi performance fertiliser to complete this task.

Golf Course Maintenance

During this time golf course staff has been busy keep up the maintenance to both Gordon & North Turramurra Golf Courses. Regular scheduled maintenance has been disrupted at Gordon with the finalisation of the sewer mining plant that will be running in April. Also North Turramurra staff have been helping with the commencement of the works to install the sewer mining plant at their course.

Maintenance staff has also undertaken renovations on the greens at both courses. Greens were scarified top dressed and broomed off, seeded and fertilised in March. Greens have responded well to this treatment and are at their usual high standard.

2601 Tree Preservation Order URFO01

Comments: Review of Tree Management Policy is on going. No policy or procedural changes required at the moment.

Tree Management Officers are managing to ensure that 85% of the applications are being processed.

Highlights: There have been a significant number of Tree Works Applications resulting in increased workload. The officers have managed this well and hopefully will continune to do so.

28 Strategic Asset Management and Services CMSC01

2251 Asset Management CMSC01

Code KPI Target Units Achieved Notes

a Asset management program completed within 90 % 75

set timeframe

b Funding strategy project milestones completed 90 % 50

within timeframe

Comments: Strategic asset management –Asset management plans have been completed and adopted by Council for 4 major asset classes. Council has also adopted an Asset Management Improvement Strategy that complies with the requirements of both National and State asset management legislative frameworks Newly

Acquired Asset procedures have been developed in conjunction with asset custodians and input from Finance. This has been assisted with a staff secondment for the implementation of an integrated Asset Management System ‑ Works and Assets.

Fair Valuation ‑ Asset data collection completed and fair valuation methodologies and spreadsheets currently in development for auditors consideration. External consultants are completing fine artworks fair valuations.

Strategic Acquisitions ‑ Council has acquired in excess of 11,000 square metres of residential land for new open space, surveys and park designs completed for new open space in Turramurra and Wahroonga.

Commercial property portfolio 100% occupied.

29 Open Space Planning SPRP01

2750 Open Space Planning SPRP01

Code KPI Target Units Achieved Notes

a Open space planning project milestones 80 % 75

completed within set timeframe

Comments:

Seven Little Australians Park and walking track - Signs have been completed and received and waiting on installation by contractor during fourth quarter.

Echo Point and Moores Creek Walking Track - Stage 1 signs completed and received and waiting on installation by contractor. Stage 2 Samuel Bate track works completed. Stage 3 additional works added for Rotary of Roseville Chase Inc 20th Anniversary project 75 completed. Shelter and BBQ will be funded by Rotary.

Two Creeks Track to Wellington Rd upgrade - Signs completed and received and waiting on installation by contractor during fourth quarter. Links with Shot Machine Track walking track.

Two Turners Reserve, Lindfield - Concept plans complete - Neighbour notification completed ‑ no responses received. Tree planting by Girl Guides completed. Documentation for construction pending.

St Ives Showground Army Relief Map - Listing of the site for State Heritage (as resolved by Council) is underway and the site has also been included in schedule 7 of Heritage LEP. Waiting for response from NSW Heritage Council to Council’s submission made in November 2010. Preparation of a brief for Department of Commerce to document conservation and interpretation is underway. Delays in response has meant that $70,000 is to be deferred to 2011/12.

Archdale Park - This site is currently experiencing significant vandalism and is a known area for under-aged drinking. To address this issue, in part, three No Alcohol signs have been now installed in Park. The proposal to construct a shelter has been deferred until the completion and occupation of two residential units that are adjacent to the site that would enable informal surveillance. This is expected to be completed in 2011/2012.

Shot Machine Track Link - This project seeks to formalise an existing walking track from Wombin Reserve (Swain Garden) to Middle Harbour. Presently the track crosses a small portion of private land and is zoned County Open Space and occurs within riparian zone. A survey has been completed to identify the location of the existing track over the private land. This will be referred to the Department of Planning to determine options for an easement or acquisition. Works unlikely to commence until 4th quarter of financial year and $100,000 to be deferred to 2011/12.

Blackburn Street Reserve Playground, St Ives - Survey received. Aboriginal site listing constraints. Notification underway to local residents. Works programmed for fourth quarter of financial year.

Wahroonga Park Playground - Survey received. Working collaboratively with Wahroonga Chamber of Commerce and Wahroonga Rotary. Plans underway and consultation to occur during fourth quarter followed by tendering and construction.

Golden Jubilee Field Masterplan - Resident and stakeholder group submissions to the draft landscape Masterplan were assessed during the quarter. Amendments will be made to the draft Masterplan and further community consultation will be held during the next quarter prior to the Masterplan being reported to Council.

Lot 1 Water Street - In February 2011 Council resolved to regenerate the site as a bushland reserve instead of constructing a park and to reimburse the S.94 reserve from general revenue. Consultants to oversee rehabilitation will be identified in the 4^th quarter.

Rofe Park - Upgrade to bushwalking track completed. Signs have been ordered and will be installed fourth quarter 2011.

Wahroonga recreational off-road bicycle park - Council adopted the Unstructured Recreation Strategy and Stage 1 of Mountain Bike facility during the second quarter. Stage 1 plans have been amended to replace jumps area with skills area. Contractor for stage 1 was appointed during the third quarter and construction is due to begin during the fourth quarter.

Koola Park Masterplan - Draft Masterplan was completed in consultation with the community during the third quarter and adopted by Council early in the fourth quarter. A state government grant was received during the third quarter for harvesting stormwater from Rocky Creek. Detailed design and documentation is now being prepared ready for tendering during the fourth quarter.

St Ives Village Green Skate and Bike Park - Draft Plan of Management to go on public exhibition during 4th quarter. Detailed design of scouts and guides halls at new locations and detailed design of youth precinct / BMX skatepark to be progressed during the fourth quarter of 2010/11. Construction of youth precinct expected to begin late 2011 after new scouts and guides facilities are completed. $150,000 Community Building Partnership state grant awarded December 2010 for Girl Guides Hall relocation. Part of project budget carried forward to 2011/12 in the first quarter review. Further $120,000 is to be carried forward to 2011/12. Preliminary plans and youth workshop held in March together with discussions underway regarding Guides relocation.

Balmaringa Reserve Upgrade - Project tendered during third quarter. Following Council approval of Tender, construction is due to commence early in fourth quarter.

The Mall Park Playground Upgrade - Topographic survey completed. Design to commence in 4th quarter.

Allan Small Park - Design work completed for stormwater harvesting, multi-purpose sports court, playground, carpark and landscaping. Detailed design and specifications nearing completion for handover to Operations for tendering in 4th quarter.

Kent Road Park dog off-leash area - Landscaping and accessible entry to be coordinated with environmental levy works. Design to commence in 4th quarter for construction in 2011/12.

3 Natural Environment

31 Bushland MCPS01

2408 Bushland MCPS01

Code KPI Target Units Achieved Notes

a Bushland operation regeneration program 80 % 65

completed

b Bushland levy regeneration program completed 80 % 65

c Bushcare program completed 80 % 65

d Tracks and trail systems maintenance program 80 % 65

completed

e Biodiversity strategy actions completed within 70 % 50

set timeframes

f Bushland monitoring and research program 80 % 60

completed

g Number of bushfire complaints (via CRS) 100 % 100

responded to within set timeframe

h Asset protection zone managed 90 % 60

Comments:

The comments in this section relate to the activities of the Sustainability section of Council that relates to cost code 2408 and related capital projects and external grants. Details of the bush regeneration and maintenance activities can be found in Open Space Services (2404) and within heading 3 Natural Environment in this section.

Hornsby Ku‑ring‑gai Bush District Fire Management Plan

Within the Hornsby Ku‑ring‑gai district a total of 23 burns for the 2010‑11 program (works and contingency) have been completed and has assisted in the protection of a total of 1116 properties. The Hornsby Ku-ring-gai District Bush Fire Management Committee has required council to prepare a works program for Asset Protection Zones (APZ) and fire trails to complement hazard reduction burns. This has been completed and will also assist in the long term management of these assets to ensure appropriate maintenance is undertaken to reduce bushfire risk.

Bushfire

100% of bushfire hazard complaints have been responded to or are in the process of being resolved in collaboration with a number of agencies. Council is collaborating with Hornsby Council, NSW Rural Fire Service and Fire and Rescue NSW to develop a Community Fire Education Strategy, Action Plan and Works Plan to guide the implementation of community fire awareness activities and further expand on the requirements of the Bush Fire Risk Management Plan. Currently a draft has been submitted to the Bush Fire Management Committee.

Environmental assessment

Procedures and Templates For Assessment of Council's ground works projects - An internal team has been formed to develop procedures and templates for the assessment of council's works and projects under relevant SEPP’s (including SEPP infrastructure, SEPP exempt and complying), EP&A Act (Part 5) and other licences/approvals. This is a collaboration between Strategy and Environment, Development and Regulation and Operations departments.

32 Environmental Levy MCPS01

2355 Environmental Levy ELNA01

Code KPI Target Units Achieved Notes

a Water Sensitive Urban Design Program 90 % 70

completed

b Stormwater Pollution Control Maintenance 90 % 70

Program completed

c Creek Remediation Program completed 90 % 70

d Integrated Water Management Strategy 90 % 70

Program completed

e Reduction in Council’s potable water 6 % 0 To be reported in the 4th quarter

consumption

f Reduction in per capita potable water 6 % 0 To be reported in the 4th quarter

consumption

g Increase in Council’s non‑potable water 5 % 0 To be reported in the 4th quarter

consumption

Comments:

Environmental Levy Program

Bushland regeneration and management projects are being implemented in line with contract requirements. These extend to the protection of endangered ecological communities, bushfire management, bushcare and various capital works projects. Notable projects to report this quarter include:

‑ Walking tracks are completed at Cliff Oval Turramurra, access to Middle Harbour at Ormonde Road Roseville Chase and the historic road Samuel Bate Track at Echo Point.

- Support to Bushcare and Greenstyle to implement hands on assistance to the volunteers and residents is continuing.

- Round eleven of the small grants scheme has been determined and funding distributed

‑ Council’s various stormwater outlets have been reviewed and prioritised against their capacity to have a detrimental impact on the environment as a result of the hydraulic impacts. Designs for two sites have been completed (Spencer Road and Rushall Street) and are awaiting construction.

‑ Quotations have been sought for a review of the delivery of the Environmental Levy. Anticipate appointment of a contractor in 4^th quarter.

Community Pilot Program

A core group of West Pymble residents are actively using the Tanks‑a‑million social networking site to share information and ideas, organise meetings and events, and collaborate on group projects. Of the 56 people who have registered for the project, 18 have joined the network (four support/staff bringing the total to 21). The platform provides an extended group meeting space. Discussion threads and members’ blogs on the site led to forming the first two project groups: ‘Talking Tanks’ proposes a mesh network of rain tanks sending capacity and rainwater use data to owners; and ‘Toilet Training’ focusing on getting indoor connections for new and existing tanks in place. Another discussion thread ‘Food Mileage’ may lead to a new group.

KGB

The KGB now consists of 26 core members from several departments across Council. The group meets every 4th Wednesday of the month to plan sustainability initiatives within Council. The current focus for the KGB is on improving sustainability practices in the workplace, to reduce waster, water use and energy use across the organisation. KGB staff recently held an Earth Hour event (with a solar‑powered conga line world record attempt) at Bicentennial Park, attended by 50 local residents.

33 Climate Change EPRO01

S313a Climate Change MCPS01

Code KPI Target Units Achieved Notes

a Reduction in Council’s corporate greenhouse 2 % 0 To be reported in the 4th quarter

emissions

b Increase in knowledge and understanding of 10 % 0 To be reported in the 4th quarter

climate change

c Households participate in energy audits 5 % 0 To be reported in the 4th quarter

Comments: Energy Monitoring

Monitoring of Council's energy consumption has continued with all quarterly and monthly energy billing data for Council facilities recorded. Council is currently following a similar energy consumption trend as last year with no significant facility upgrades or purchases or significant energy reduction strategies occurring within the reporting period. Energy consumption is expected to drop slightly with the commissioning of a 20kW solar system to be installed in May 2011 on Council's Bridge Street Administration Building and the LED lighting upgrade to the Gordon library.

Greenstyle

Council's Greenstyle program provides residents with advice on innovative practices and technology in their homes to reduce energy and water consumption. To complement this program, Council also participates in the ClimateClever Shop ‑ a program which provides discounted energy and water efficient technology to residents; and the Fridge Buyback program which, as of March 2011, has had over 1,360 participants and has saved over 11,000 tonnes of CO2 emissions.

34 Environmental Education MLCD01

2407 Wildflower Garden BSEO01

Code KPI Target Units Achieved Notes

a Wildflower education activities program 80 % 65

delivered

Comments: A total of 1133 participants have taken part in environmental education activities at the Ku‑ring‑gai Wildflower Garden. A breakdown of the programs are as follows: Bush Birthday Parties 362 participants at 26 parties, January Bush Kids school holiday program 366 participants at 17 activities, English at the Garden ESL program had 15 participants for one activity, school excursions had 311 students for 6 programs, Seniors in the Garden had 16 participants for one program.

A highlight of this quarter was the three Earth Hour activities offered to celebrate Earth Hour. A total of 63 participants took part in a Scarecrow and Composting workshop, Across the Universe activity or an evening spotlight walk. Participants were encouraged to go beyond the hour by making a pledge to state what environmentally sustainable action they would like to do. Copies of participant pledges are currently on display at the Bushland Education Centre.

An achievement in this quarter has been the refurbishment of the Seeds of Learning Garden and Composting Corner. Also established, is a new propagation area that is allowing us to save money by growing our own plants from seed.

Work has also been carried out on the Smith's Track with track work and a new bridge being installed by Wildflower Garden staff.

Highlights: A highlight of this quarter was the three Earth Hour activities offered to celebrate Earth Hour. A total of 63 participants took part in a Scarecrow and Composting workshop, Across the Universe activity or an evening spotlight walk. Participants were encouraged to go beyond the hour by making a pledge to state what environmentally sustainable action they would like to do. Copies of participant pledges are currently on display at the Bushland Education Centre.

Another highlight has been the successful completion of the Australian Plants Society/Ku‑ring‑gai Wildflower Garden signage project. This project has been 1.5 years in duration with members from the Australian Plants Society North Shore Group and the Coordinator, Valerie Close from the Ku‑ring‑gai Wildflower Garden working in partnership to create an interpretive sign orientating visitors to the history and attractions of the Garden, botanical signage, a new floral display, a plant data base and downloadable Walks and Talks program maps and plant information.

35 Volunteer Planning and Development MCPS01

2406 Community Volunteer Programs SBSV01

Code KPI Target Units Achieved Notes

a Volunteers enrolled in Councils’ community 1,200 % 1,250

volunteer programs (8% increase)

Bushcare saw a small drop in overall volunteer numbers to 850 even though 19 new volunteers joined in the quarter. Overall the number of volunteers in the environmental volunteer programs continues to increase with 1250 currently registered volunteers and participants. There was an OH&S workshop held in March and there are currently 101 active Bushcare, Streetcare and Parkcare sites. In this past quarter there were 49 trainer visits and 22 sites received site support.

The community garden has harvested its summer crops and is running at full capacity. WildThings has now over 40 pools converted into ponds and is in the process of re-launching Wildlife Watch. The Youtube channel Envirotube has now had over 50k hits and is proving to be very popular with the online community.

4 Planning and Development

41 Urban Planning MGSP01

2851 Urban Design MGSP01

Code KPI Target Units Achieved Notes

a Urban planning project milestones are 95 % 80

completed within set timeframe

b Urban design project milestones are completed 95 % 80

within set timeframe

Ku-ring-gai Principal Local Environmental Plan (LEP) - The Planning Proposal received a gateway determination from the Department of Planning and the revised timetable adopted by Council 14 December 2010. Work has been progressing on the key studies of natural resource management, bushfire, housing, interface planning, transport and heritage and consultation.

Heritage Planning - The Draft Ku-ring-gai Heritage Conservation areas consultants studies (non statutory documents) North and South areas were exhibited in February/March 2011. A series of community information workshops were held also held to provide further information on the plans. Submissions are being reviewed and will be reported back to Council in the May/June 2011. A list of potential items has been completed and the associated documentation is being compiled. A review of individual post-war heritage items will be completed by mid June.

Natural Resource Strategies exhibition - Council has prepared two draft strategies for the management of bushfire risk and for the protection of biodiversity, watercourses and riparian zones. The strategies will inform the preparation of the main planning document for the local government area, the Draft Ku-ring-gai Principal LEP.

Council is now seeking input from the community on these draft strategies which are on exhibition from 4 March to 1 April, 2011. Two community information sessions were also held in March 2011.

Interface Planning Study - Part 1 of the interface planning study on impact assessment is complete. It provided a detailed assessment of the impact of existing and potential future 4 and 5 storey developments on interface sites and identified the planning considerations and potential planning options that could be used to address interface issues. In accordance with the Council’s resolution, a site inspection for a number of the interface sites was carried out with Councillors on 29 March 2011.

Ku-ring-gai Contributions Plan - The final plan was adopted by Council and came into effect 19 December 2010. The internal implementation of the plan has progressed with the integration of the contributions plans calculations and customer services receipting systems into the existing proclaim mainframe system. Education, awareness and training on the new contributions system has also progressed with staff training on the contributions calculators.

A minor amendment to the Ku-ring-gai Contributions Plan 2010 was also prepared, exhibited and came into force in February 2011

Amendments to the Ku-ring-gai Town Centres LEP - have been prepared and the first amendment has been made by the Minister to include a suspension of covenants clause and fix an incorrect heritage listing. In addition an amendment to the Town centres DCP has been adopted after exhibition.

Ku-ring-gai LEP Town Centres 2010 Implementation - Working parties established for three sites to progress Voluntary Planning Agreement (VPA) for construction of new roads, and other community infrastructure

Open space Acquisition planning - Review of acquisition options in light of final Contributions Plan which has a lower rate of open space per person when compared to previous plans. Reallocation of funds based on north-south division rather than by centre.

Long term financial model - Preparation of capital works program including streetscapes, parks town squares and community buildings for the town centres over the next 23 years. This work has been incorporated into Council’s Long Term Financial Model. Contribution Planning and financial data has also been integrated into Council’s long term financial model.

Ku-ring-gai Public Domain Plan (Town Centres) - Commenced finalisation of outstanding resolutions including:

1. Preparing EOI documentation and process for street furniture manufacturers

2. Established street light working party with staff from Operations, Sustainability and Urban Planning

3. Commenced review of paving colour, aggregate and finish.

Neighbourhood Centres Public Domain Upgrade Program

- Philip Mall, West Pymble shops: Construction documentation is complete. Expressions of Interest will be called for contractors to undertake the work as part of the tender process. This will occur in the 4^th quarter.

- Princes Street shops, Turramurra; the final concept plan was reported to Council on the 3^rd May 2011. Council has resolved for identify funding options for this project as part of the exhibition of the draft Operational Plan and Delivery Program for 2012-15.

Urban Design Excellence Process and Panel - The Urban Design Excellence process under the Town Centres LEP has been finalised following extensive research study and the collaborative efforts of Development & Regulation’s, Internal Ombudsman and Corporate Lawyer has resulted in the vehicle for the implementation of this new requirement. The UDEP process was adopted by Council in December 2010. Council finalised the appointment of the Panel members in March 2011.

A report was made to Council and adopted to have Council formally become a member of the green building Council of Australia.

Integrated Transport Strategy - A follow-up Community Information Session was held on 15 February 2011. Attendees at the first community workshop were invited back to this session, to help them understand how their feedback in the workshop (and the Agencies feedback) has been considered and incorporated (where possible) into the relevant action plans and an opportunity was given for residents to ask questions. Additional feedback from this session has helped to further refine the action plans.

An update on the progress of the draft ITS was given to the SRC on the evening of Monday 21 February 2011, based on the presentation at the community session on 15 February 2011. The presentation mainly described the development of the action plans across the various transport themes and the sustainability elements within the action plans, and SRC members were given the opportunity to ask questions at the end of the presentation.

Council considered the draft Strategy at its meeting on 22 March 2011, and adopted the recommendation to place the draft Strategy on public exhibition for a minimum of 28 days and report back to Council at the conclusion of the exhibition. The draft Strategy is on exhibition from 1 April 2011 to 6 May 2011.

Pymble Business Park - During preparation of the draft Ku-ring-gai Town Centres LEP 2008 (draft LEP) by the Ku-ring-gai Planning Panel, the need for appropriate growth potential in the Pymble Business Park was identified. Also, the need for a dedicated traffic study was made evident during the consultation and planning process for the town centres. The issue of vehicular access into and particularly out of the business park was raised by the community as being difficult, and that this would be further exacerbated by the planned growth in the business park as well as general growth in the surrounding arterial road network.

In February 2011, Council engaged GTA Consultants to undertake detailed analysis and traffic modelling of the expected development growth in the Pymble Business Park. GTA have now completed a transport assessment of the proposed access improvements, and the report has been submitted to RTA for their consideration and response.

Council land South Turramurra - A planning proposal to rezone and reclassify Council land at South Turramurra was exhibited reported back to Council in February 2011. The Plan has been finalised and awaiting gazettal

UTS - Following the approval of the concept plan for the redevelopment of the UTS campus at Lindfield, the site has been subdivided and Defence Housing Australia (DHA) has acquired a large area of the site. Preliminary discussions have been held with DHA to discuss the way forward, based on the consent conditions for the project. Two council interdisciplinary working parties have been formed, one for the urban design guidelines and one for the voluntary planning agreement.

Project Management - Established project working group and project brief to commence refurbishment process for Gordon Library on behalf of Community Services

Council Civic facilities - Developed options and costs for alternative locations for a new council chambers building incorporating civic, cultural and administrative functions

Conferences - Abstract accepted for speaker at Australian Institute of Landscape Architects National Conference Brisbane 2011

42 Development Control MGDC01

1750 Development Assessment MGDC01

Code KPI Target Units Achieved Notes

a Median processing times for all applications is 60 Days 52

60 days

b Land and Environment Court costs do not 948,200 $ 860,937

exceed budget

c Number of undetermined DAs less than 450 450 No 170

d Median processing times for express 30 Days 22

assessment is 30 days

Highlights:

New development assessment software

As part of the continuous improvement process new assessment software was introduced to enable seamless browsing, viewing, retrieving and manipulation of difficult documents and images. Council officer can work with electronic documents without having to print off hard copies. The software also allows annotation, measuring, drawing, easier scanning and integrates with Council’s document management system TRIM.

Some of the key benefits include:

- improved document handling

- increased staff productivity

- lower document capture costs

- reduced maintenance

1850‑1 Development Assessment Engineers / Infrastructure Restoration MGDC01

Comments:

Development Assessment Engineers

Development Assessment Engineers provided development engineering and traffic advice and referrals for more than 190 applications during this quarter. A number of these applications were reported to Council, the Ku‑ring‑gai Planning Panel and Sydney West Joint Regional Planning Panel. In addition this section also monitored the engineering construction work associated with developments and subdivisions. The section provides technical advice to Councillors, the public and applicants in respect of engineering enquiries and is on call to offer expert professional assistance to Council’s Customer Service Centre and Call Centre.

2600 Landscape Assessment MGDC01

Comments:

Landscape Assessment

Landscape Assessment provided landscaping and ecological advice and referrals for more than 230 applications during this quarter. A number of these applications were reported to Council, the Ku‑ring‑gai Planning Panel and Sydney West Joint Regional Planning Panel. Officers regularly represent Council Land and Environment Court appeals and are instrumental in ensuring improved outcomes in these matters. In addition, this section also assisted with monitoring the construction work associated with developments and subdivisions. The section also provides technical advice to Councillors, the public and applicants in respect of landscaping enquiries.

43 Regulation and Compliance MRRS01

1651 Building Unit MRRS01

Code KPI Target Units Achieved Notes

a Building certificates are processed within 21 21 Days 100

days

Comments: Building Unit received 43 applications for building certificates, which was consistent with activity levels in the previous quarter.

1700 Development Compliance MRRS01

Code KPI Target Units Achieved Notes

a Construction certificates are processed within 90 % 90

14 days

Comments: A total of fifteen construction certificates were issued by Council in the reporting quarter, whilst the private sector issued one hundred and sixty one. Council is now responsible for just 9% of the work. At the same time a growing number of complaints regarding development work continues to be lodged with Council.

In the reporting quarter, two formal complaints to the Building Professionals Board were lodged regarding concern with inappropriate actions of Principal Certifying Authority’s (PCAs).

1702 Public Health Services MRRS01

Comments: Food shop inspection activity was back on track for second half of year, following a delay in the second quarter as a result of a staff vacancy. Currently we have 39 Outdoor Dining permits current for the area. Eight penalty infringements were issued against food shop proprietors and all have been reported to the NSW Food Authority for inclusion on their Name and Shame Web site.

1800 Animal Control MRRS01

Comments: Council received 174 fresh CRM requests in the quarter. Included were 12 dog attack reports, 58 complaints regarding barking dogs, 31 requests to pick up stray dogs, and 20 regarding wandering dogs. One Dangerous Dog Order was issued and, as a result, the owner chose to have the dog destroyed, being unable to appropriately contain the dog. One Nuisance Order was issued against a dog found to be an habitual disturber of peace and quite.356 new registrations were received, with our registration rate now standing at 91%.

1801 Parking and Traffic MRRS01

Comments: Regulatory activity in terms of number of infringements issued was below average for the quarter due to the departure of two key staff in December and delays in recruit replacements in the reporting quarter.

1802 Area Rangers MRRS01

Comments: The rangers group ran a successful court case against a developer in the Lindfield area, who was found to be polluting the local waterway. The court imposed a fine against the developer in excess of $12,000.

5 Civic Leadership and Corporate Services

51 Communication and Marketing CRLO01

1400 Communication CRLO01

Comments:

Three editions of the Ku-ring-gai E-news were produced; however distribution problems were encountered due to a recent upgrade to the messenger module in the website content management system. Communications is working with IT and the supplier to resolve the issue.

Forty media releases were distributed and key issues covered included heritage conservation areas, Gordon sewer mining project, Australia Day celebrations, bin lid changeover, Youth Week, Seniors Week Festival, court victory re JRPP decision and Mayor's pre-election letter to state political leaders.

Issues dealt with reactively include Jewish eruv at St Ives, Part 3A developments, Ku-ring-gai Planning Panel and mountain Bike Park.

The website received 81,843 absolute unique visitors who spent on average 2 minutes and 28 seconds browsing the site, viewing 445,861 pages. The most popular pages were the home page, library, library catalogue; contact us and policies and planning documents.

Communications organised writing for web training for forty staff to improve the overall quality of information on the website and intranet.

In February over sixty Year Three students from Sydney Grammar School visited Council Chambers to learn about local government, and participate in a mock council meeting.

At the Ordinary Meeting of Council on 8 March 2011, Council approved changes to Council’s community communications strategy starting 2011/12. These changes include a website upgrade, mobile phone site, neighbourhood newsletters, social media and targeted e-newsletters.

Internally, Communications produced three editions of the staff newsletter From the GM's Desk. Two lunchtime seminars were held to encourage cross departmental networking and educational opportunities. Communications continued to manage the staff intranet Kasey.

52 Governance SAOF01

1055 Ombudsman service INOM01

Code KPI Target Units Achieved Notes

1 Performance in Period 100 % 100

Comments: Internal audit program is running to schedule and results are regularly reported to the Ku‑ring‑gai Council Audit Committee. A number of investigations are currently underway. No unusual trends noted in the type or number of complaints being handled through the Office of the Internal Ombudsman.

2101 Governance SAOF01

Comments:

GOVERNANCE 3rd Quarter, 2010/11

Council business: 4 Ordinary meetings of Council were held during the quarter.

Ku‑ring‑gai Planning Panel: 1 meeting of the Ku‑ring‑gai Planning Panel was held.

Print room: Business papers and associated documents were produced for the 5 meetings of Council and the Planning Panel.

147 separate print jobs were completed.

Access to council Information

1 Formal Access to Information application was received under the Government Information (Public Access) Act..

There were 302 requests for informal access to documents under the Government Information (Public Access) Act.

53 Corporate Planning and Reporting CORP01

2400a Consultation CCPL01

Code KPI Target Units Achieved Notes

a Council service areas using the results of 85 % 80

community consultation in decision making or

planning processes

b Council staff satisfied that they had the tools 65 % 65

and support needed to conduct consultation in

a strategic fashion

c Residents confident that Council uses the 25 % 75

results of consultation in decision making

processes

d Consultation participants who felt their 30 % 70

participation had made a difference

Comments:

Key focus for March quarter was to ensure all consultation activities were conducted in a robust manner that reflected Council commitment to engagement and communication.

The major consultation process included:

- Community survey related to the environmental levy special rate variation. This resulted in 88% support for the proposal that has formed a central part to the submission to IPART

- Heritage conservation areas - six public meetings were held to as part of the exhibition of the draft heritage conservation strategy. Despite objection to the heritage conservation area boundaries, residents, staff and Councillors were positive of the forum process and opportunity for resident engagement.

- Integrated transport strategy – this involved public meetings and other stakeholders (including transport agency) to discuss the draft strategy. This remains on public exhibition and will be reported back to Council in the 4^th quarter.

2400 Corporate Planning CORP01

Code KPI Target Units Achieved Notes

a Reports are prepared and submitted within 100 % 100

statutory timeframe

b Completion rate of integrated community plan 100 % 100

c Annual sustainability action plan completed 75 % 50

Comments:

Delivery Program and Operational Plan

The preparation of the draft operational plan for 2011‑12, budget and fees and charges has included a review of the 4 year objectives and updated the 1 year actions. The draft plan was presented to Council on the 3rd May and has been placed on public exhibition for 28 days commencing 6 May. After considering comments this will be returned to Council for its consideration.

Service Level Agreements (SLAs)

A review of Council services has commenced to quantify the services that Council delivers to the community. SLAs outline the capacity for outputs of a service, while identifying quality measures to improve feedback and decision making processes. The project will start with the Community Development section and is determined to be completed in August 2011. The SLAs will form the base for a review of the Community Strategic Plan in the later part of 2011.

54 Information ACCO01

1550 Records Management MREC01

Code KPI Target Units Achieved Notes

1 Performance in Period 100 % 100

Comments:

Records Statistics – January ‑ March 2011

Mail ‑ Outgoing

Small letters = 48,119

Large letters = 2,559

Others (Parcels & International) = 642

Registered Correspondence

Documents captured in TRIM

- Councils Electronic Document & Records Management System (EDRMS).

- 66,962 documents checked into TRIM

TRIM User Help Desk Request - 157 help desk requests from users answered by Records

File resubmits - 508 files resubmitted via TRIM upon user request

Government Records Repository – GRR (Offsite Storage)

Archived – GRR - 130 boxes sent to the GRR for archival storage

Retrieved – GRR - 305 boxes and files retrieved from the GRR upon user request

2325 Information Technology MGIS01

Code KPI Target Units Achieved Notes

a IT agreed project milestones completed 80 % 80

b Availability of IT systems within working hours 98 % 98

Comments: Overall most Information Management projects are tracking well and are on or under budget. Delays from last quarter remained consistent throughout this quarter and the project schedule has been reviewed and adjusted to take this into consideration.

Implementation of the Works & Assets system continued throughout this quarter with Fleet being the first asset class to be implemented. Staff are working with the vendor to configure the system and prepare our existing fleet data for migration.

The implementation of the AP Automation system is progressing well and following a process review this quarter the number of outstanding invoices has been reduced. Several Alerts have been developed in Enterprise Suite to assist staff in processing invoices.

The new Business Paper system went live for the first Council meeting in 2011. Work is now continuing to refine various processes and address any issues that have come to light.

Requests to the IM Help Desk were up during this quarter however we have been able to maintain a high completion rate.

The target of 98% availability of IT systems has been met this quarter.

2800 Land Information MGLI01

Code KPI Target Units Achieved Notes

a Availability of GIS system 98 % 75

b All data updated and accurate in Proclaim 95 % 75

Nucleus Property System

Comments:

A new Property details report has been added to Dekho to provide quick and easy access to development constraint information i.e. zoning, heritage listings, contamination, endangered ecological communities, bush fire prone land etc.

Council has obtained a license to access NearMap's website which will provide access to monthly updated aerial photography. NearMap will also be integrated with Dekho over the next few weeks.

All GIS cadastral and attribute layers have been updated as a result of 20 Torrens Title and 5 Strata Title subdivisions that were registered at the NSW Land and Property Management Authority. This resulted in the creation of 24 new allotments and 312 residential units.

55 Human Resources MGHR01

1100‑3 Human Resources MGHR01

Code KPI Target Units Achieved Notes

a Reduction in lost time injury (LTI) rate from ‑2 % 0 To be reported in the 4th quarter

previous year

b Staff turnover between 10% and 20% 20 % 8

c Operating budget allocated to training and 1 % 0

development

Comments: Human Resources (HR) have been focusing on updating the Emergency and Evacuation procedures across all Council workplaces. Warden training has been delivered to nominated staff at the Chambers, Bridge Street and Carlotta Street Depot.

The new Safety Officer has been appointed and will be commencing in Operations on 2 May 2011. This role will facilitate the updating of Chemwatch and roll out of the program across all Council sites as well as Safe Work Method Statements for high risk tasks.

Year to Date ‑ 34 employees have resigned from Council, with a retention rate of 92.12%.

56 Customer Service CUSM01

1450 Customer Services CUSM01

Code KPI Target Units Achieved Notes

a Customer requests (CRS) received and 85 % 98

actioned as per CRS standards

b Satisfaction with customer service 85 % 0 To be update in 4th quarter

Comments:

Call Centre activities: The unit received over 37,517calls with a service level on average of 70%. The highest number of calls received in March with over 13,889 calls. This was our second highest month in the last 3 years. Most calls were received by the Customer Service queue and related to planning enquiries, bookings for various activities, road repairs etc.

The unit also received and actioned over 3,682 email requests. The highest number of emails received was in January.

Over 7,919 customer requests received in this quarter with 97% of requests actioned. The requests cover a wide range of services provided by Council such as trees, clean up bookings, animal control, parking and traffic issues, potholes, footpath repairs.

Counter activities: The Counter area lodged 456 applications with the highest number of development applications lodged in March. The counter also lodged 2,080 certificates and various other applications.

A total of 7,729 receipts were generated.

Other Activities:

The recycling bin lid change commenced at the end of February and is estimated to take approximately 3 to 4 months to complete. This has caused an increase in customer enquiries relating to the change.

Customer Service Officers have provided assistance to other units in Council in the provision of services such as Seniors Programs activities, Waste Services, Information Services. The collaboration resulted in very positive feedback from internal and external customers and is a great way of getting to know how other units are operating.

6 Financial Sustainability

61 Financial Management MGRF01

2150 Financial Management MGRF01

Code KPI Target Units Achieved Notes

a Statutory financial reports prepared and 100 % 100

submitted within legislative timeframes

b Weighted average year to date return exceeds 80 % 139

the UBSWA Bank Bill Index (%) benchmark

return

c Available working capital balance to increase to 3,900,000 $ 0 To be reported in the fourth quarter

$3.9M by 2012/13, in accordance with LTFP

Comments:

Statutory reporting ‑ 100% of reports were completed within the statutory time‑frames. These include monthly investment reports and quarterly budget review reports.

Investments ‑ Council’s year to date investment returns were above benchmark. The weighted average return for Cash year to date was 4.78% compared to the benchmark 11am Cash Rate of 4.85%. The weighted average return for the total portfolio (except Cash & TCorp) year to date was 6.91% compared to the benchmark of the UBS Bank Bill Index of 4.97%. The weighted average return for TCorp year to date was 14.95% compared to the benchmark Long Term Growth Facility Trust of 13.99%.

Available Working Capital ‑ Council’s Available Working Capital balance as at 30 June 2010 was $2.885M and in line with budget forecasts. The 2010/11 budget allows for a $238K surplus, the September 2010 quarterly budget review identified $669K surplus over budget and the December 2010 quarterly budget review identified $51K surplus over budget , therefore the forecast for Available Working Capital balance at 30 June 2011 is $3.843M. One of Council’s targets in the Long Term Financial Plan is to provide for a minimum balance of available working capital of $4M (4.5% of revenue) as recommended by Council's external auditor's. It is anticipated that this target will be met by 30 June 2011.

2151 Rates and Annual Charges MGRF01

Code KPI Target Units Achieved Notes

a Rates, charges and fees collected 96 % 79

Comments: Rates charges and Fees ‑ 78.59% collected to December quarter, against an annual target of 96%.

Ordinary Meeting of Council - 24 May 2011	GB.11 / 394

Item GB.11	S07959
	28 March 2011

Post Exhibition Report on Draft Northern Heritage Conservation Area Review

EXECUTIVE SUMMARY

purpose of report:	To report the draft Northern Heritage Conservation Area Review to Council following its exhibition, to outline amendments made as a consequence of that exhibition and to seek formal endorsement of the recommended draft heritage conservation areas by Council for inclusion in the draft Ku-ring-gai Principal Local Environmental Plan.

background:	At the Ordinary Meeting of Council of 7 December 2010, Council resolved to exhibit for public comment the draft report Northern Heritage Conservation Areas Review by the heritage consultants Paul Davies Pty Ltd. The draft report was exhibited from 14 February 2011 to 25 March 2011.

comments:	This report summarises the submissions made by the community with regards to the exhibition of the draft report on the Northern Heritage Conservation Areas Review. The issues raised in the submissions and the responses are addressed in this report.

recommendation:	That Council adopt the recommended draft heritage conservation areas to be exhibited as part of the Ku-ring-gai Principal Local Environmental Plan.

Purpose of Report

To report the draft Northern Heritage Conservation Area Review to Council following its exhibition, to outline amendments made as a consequence of that exhibition and to seek formal endorsement of the recommended draft heritage conservation areas by Council for inclusion in the draft Ku-ring-gai Principal Local Environmental Plan.

Background

At the Ordinary Meeting of Council of 7 December 2010, Council resolved to exhibit for public comment the draft report Northern Heritage Conservation Areas Review by the heritage consultants Paul Davies Pty Ltd. The draft report reviewed 14 potential heritage conservation areas. The report recommended six (6) of these proposed HCAs be included in the Ku-ring-gai Principal Local Environmental Plan as draft heritage conservation areas. The draft report was placed on non statutory exhibition from 14 February 2011 to 25 March 2011. Those heritage conservation areas which may be adopted as a recommendation of this report will be included as draft heritage conservation areas in the Principal Local Environmental Plan.

Comments

Heritage conservation areas conserve the heritage values of an area rather than a particular item. These are areas in which the historic origins and relationships between various elements create a cohesive sense of place that is worth keeping. These elements can include the buildings, gardens, landscape, views and vistas.

Heritage places are important for enriching our lives and our communities. Heritage conservation areas provide a window to the past and to the origins of our communities. Heritage places are valued as they add character, appeal and interest to the suburbs and town centres of Ku-ring-gai.

In undertaking the heritage conservation area review Council is acknowledging the unique and valuable heritage character of Ku-ring-gai. Those areas which are recommended by this report represent the best heritage streetscapes within Ku-ring-gai. The determining factors in assessing which heritage conservation areas should be included in the Ku-ring-gai Principal Local Environmental Plan include:

· Cultural significance – as assessed by the heritage consultant Paul Davies Pty Ltd. This assessment reviewed the intactness of heritage conservation areas that were previously recommended by the 2006 study Housing in NSW Between the Wars prepared for the National Trust (NSW) by Robertson and Hindmarsh and/ or the Godden Mackay Logan Urban Conservation Area studies (2001-2005).

· Submissions – issues raised in the submissions are addressed in Attachment A1. Submissions covered a variety of topics including support or objecting against the findings of the HCA review, factual corrections, concerns regarding incorrect assessment of contributory values and the financial impacts of inclusion in a heritage conservation area.

· Proximity to gazetted HCAs – two (2) of the recommended draft HCAs are adjacent to existing HCAs which were gazetted as part of the Town Centres LEP. The inclusion of these proposed HCAs is to complete those areas already gazetted.

· Other planning considerations – other issues considered include the management of fire prone areas and interaction with interface zones of areas with medium or high residential density.

Proposed HCAs recommended to proceed as draft HCAs in the Principal Local Environmental Plan

The proposed conservation areas recommended to proceed as draft heritage conservation areas in the draft Ku-ring-gai Principal Local Environmental Plan are:

Current number	Current name	Proposed number	Proposed name
HCA17	Pymble (northern extension of Pymble Heights HCA)	Draft C21	Extension of Pymble Heights
HCA18	Avon Road, Pymble (extension of Orinoco Street HCA)	Draft C20	Extension of Orinoco Street
HCA18	Avon Road, Pymble (Pymble Avenue, Pymble)	Draft C19	Pymble Avenue
HCA20	Ku-ring-gai Avenue, Turramurra (extension of Ku-ring-gai Avenue HCA)	Draft C18	Extension of Ku-ring-gai Avenue
HCA 23	Warrawee	Draft C16	Warrawee
HCA25	Heydon Avenue, Warrawee/Woodville Avenue, Wahroonga	Draft C17	Heydon Avenue, Warrawee/Woodville Avenue, Wahroonga
An amalgamation of HCAs 27, 28, 28A	Wahroonga	Draft C15	Wahroonga

Maps of the proposed boundaries for the heritage conservation areas can be found in Attachment A2.

In addition to these proposed HCAs, it is recommended that further work be done on HCA 17 Pymble Heights (south east extension - Fernwalk) and HCA 26 Mahratta, Wahroonga Conservation Area (see maps in Attachment A5). There is sufficient heritage significance to warrant these additional areas along with strong support from the local community for these HCAs to proceed and be included in the draft Ku-ring-gai Principal Local Environmental Plan.

HCA17 Pymble Heights Heritage Conservation Area

The revised HCA 17 Pymble Heights Heritage Conservation Area is an extension of the gazetted HCA C4 – Pymble Heights Conservation Area and is proposed to proceed as exhibited. The proposed HCA is highly intact with fine examples of Victorian, Federation and Inter-war period housing. A petition, from 10 individuals who own properties in area, was in support of the HCA proceeding.

HCA 18 Avon Road, Pymble

It is recommended for the study area of proposed HCA 18 that two (2) revised HCAs proceed as draft HCAs. The first is an extension of the gazetted HCA C5 Orinoco Street Conservation Area and the second part of Pymble Avenue, Pymble. Both proposed HCAs represent highly intact clusters of Inter-war housing. There were no HCA specific concerns within the submissions that have not been considered in the summary of submissions below.

HCA 20 Ku-ring-gai Avenue, Turramurra

It is recommended proposed HCA 20 Ku-ring-gai Avenue, Turramurra Heritage Conservation Area proceed as exhibited. The proposed HCA is an extension of the gazetted HCA C2 Ku-ring-gai Avenue Conservation Area. Ku-ring-gai Avenue is described as one of the best Federation Streets in the Sydney Metropolitan area, with other more recent Inter-war houses in the HCA making significant positive contribution to the overall setting and streetscape. Several submissions raised concern that their properties at the northern end of Ku-ring-gai Avenue and on Boomerang Street are not representative of the key development periods identified by the statement of significance. The architectural historical period of these houses, while not being from the Federation period, were identified in the inventory form as from a contributory key development period (Inter-war) that occurred as a result of the later subdivisions of the Federation lots.

HCA 23 Warrawee

It is recommended that proposed HCA 23 Warrawee Heritage Conservation Area proceed as exhibited. The Warrawee Conservation Area is an exclusively residential area with high aesthetic significance for the remarkable concentration of architecturally distinguished houses set within fine landscaped garden settings on large sites. There were no HCA specific concerns within the submissions, all issues raised have been considered in the summary of submissions below.

HCA 25 Heydon Avenue, Warrawee/Woodville Avenue, Wahroonga

It is recommended for the study area of proposed HCA 25 Heydon Avenue, Warrawee/Woodville Avenue, Wahroonga to proceed as exhibited. The area is valued for its intact and aesthetically significant Federation and Inter-war period streetscapes. Several submissions commented that the area was not of heritage significance due to the poor representation of the Inter-war houses and the large intrusions of the not contributory Warrawee Bowling Club and Knox Grammar School. The mapping and the inventory sheets from both the Paul Davies Pty Ltd Report and the Godden Mackay Logan Report (2005) find the area to be highly intact and of cultural significance, and have included the school and the bowling club as contributing to this significance.

An amalgamation of HCAs 27, 28, 28A Wahroonga

It is recommended that HCAs 27, 28 and 28A are amalgamated to form a single HCA within Wahroonga. The area is valued for its distinctive residential streetscapes with grand residences from the Federation and Inter-war periods. Two submissions were received recommending that the areas north of Burns Road be removed from the HCA while another requested an extension of this area to include and extension into Kintore Street and Braeside Street. The consultant looked at length at those areas on the proposed boundary of the HCA to ascertain which properties should be included or excluded. After reviewing these findings again, no change is recommended. These issues are discussed in more detail in the submission summary in Attachment A1. Two (2) submissions requested an extension of the HCA into Bareena Avenue to include 1-12 Bareena Avenue. This area was unassessed by the Paul Davies Pty Ltd report, however, a review by Council staff supported Godden Mackay Logan’s findings that several properties were contributory and GML’s recommendation to extend the HCA still stands. It is recommended to extend the HCA to include 1-12 Bareena Avenue.

Common themes from the community submissions

Council received 105 community submissions for the heritage conservation area review north. A summary of the issues raised in the community submissions can be found in Attachment A1.

The common themes from the submissions were:

· Loss of property value and a reduction in potential buyers

Much concern was expressed with regards to the impact of inclusion in a heritage conservation area on house values. The rationale for this concern stems from a fear that houses in a heritage conservation area will have fewer potential purchasers and this would lead to a lower sale price. During the community consultation a few real estate agents added their anecdotal experience of heritage items which have recently not sold.

To understand the effects of designation on house values a literature review was undertaken to examine Australian and international studies that have evaluated the impact of designation on house prices. This literature review can be found in Attachment A3. The general findings of the majority of studies found that designation had marginal impact on house prices and in several instances the effect was positive. Three studies noted mixed and negative impacts, however, the focus in two of these studies were on the designation of apartments and town houses, not on detached dwellings.

In addition, several studies which utilised hedonic pricing for their analysis noted that other factors were far more influential in affecting house prices such as number of bathrooms and locational factors such as access to public transport and local schools. Based on their analysis of several studies, Armitage and Irons 2005 (see Attachment A3) attributed the positive effects on house prices in heritage precincts to the increased consistency and greater certainty of character in an area protected by conservation controls.

· Need for Council to produce a Regulatory Impact Statement

It was raised at the Community Information Sessions that Council should be required to prepare a regulatory impact statement (RIS) to determine the effects of listing on house prices. The issue of local government producing a RIS for heritage listings was discussed at length at a national workshop hosted by the Department of Environment, Water, Heritage and the Arts entitled the Economics of heritage: integrating the costs and benefits of heritage into government decision making held in 2007. The workshop arose out of the concerns expressed in the Productivity Commission Review of Heritage in 2006, of the need to better balance cost and benefit considerations in heritage decision-making. The opinion of the NSW Heritage Branch at the workshop was that conducting cost-benefit analysis of policy options for heritage management should not be borne by Councils who cannot easily resource these studies. Instead, it would preferable that State and Federal Government agencies fund studies to review generic common issues and scenarios that would be of use to councils.

Valuation techniques for cost benefit analysis generally take two (2) forms, revealed preference and stated preference methodologies. Revealed preference analyses how a consumer would respond to a real market situation, while stated preference asks how a consumer would respond to a hypothetical situation. The request from the community was for a study to understand in real market terms how inclusion in a heritage conservation area would affect their property. There is a lack of real market data available for this type of study within the Ku-ring-gai local government area. Ku-ring-gai’s first heritage conservation areas were gazetted only in May last year under the Town Centres LEP. Any proposed study would be in areas similar to but not in Ku-ring-gai, such as Willoughby LGA.

Despite the recommendations of the Productivity Commission Report from 2006 there has been no requested change in policy, process or legislation by the NSW State Government or the Council of Australian Governments to require a regulatory impact statement from local government when including properties on the heritage schedule. The federal Liberal government ( at the time) in their response to the Productivity Commission report stated that the issue should be referred to the Environment Protection and Heritage Council (EPHC) for further consideration by state and territory Ministers, in order to develop a national approach and coordinate activity across all Australian jurisdictions. As yet, this has not occurred.

· Loss of development potential

The inclusion of a property in a heritage conservation area does not preclude future new development, such as additions and sympathetic infill. Instead, change in these areas will be managed to allow the modernisation and expansion of homes while conserving the valued character and cultural significance of the conservation area. Subdivision and infill development is still permitted within a heritage conservation area provided this development is successfully supported by a heritage impact statement which can demonstrate that the significance of the conservation will not be detrimentally impacted by the proposed development.

· Increased administration costs

Inclusion in a conservation area does result in different development controls applying to development. The main objective of these controls is to conserve and enhance the conservation area. Many submissions were concerned that this would increase the administrative costs of development applications and increase timeframes for getting approval. Council can review its internal processes to ease any perceived or actual burden for owner’s of properties in conservation areas in several ways such as reviewing the requirements for heritage impact statements; expanding and clarifying the list of exempt development; provision of free professional advice from the heritage advisor for development applications; and exemption from Development Application fees for DAs that would not be required on places outside of heritage conservation areas.

· Area does not have heritage significance

Many of the submissions against proposed heritage conservation areas contended that these areas do not have heritage significance. A common argument was the lack of a cohesive streetscape and architectural style. The heritage conservation areas of Ku-ring-gai are different to those areas which are commonly recognised as heritage conservation areas such a Haberfield. Many of the proposed areas do not have a consistency of architectural style. Development has occurred in several waves. Early development includes large homes with the large garden estates, a few from the Victorian period, many from the Federation and Inter-war periods. In the mid-late 20^th century these lots were subdivided and introduced new housing to the area. The result is a mixture of architectural styles, in rare instances from the Victorian period to the present; however the earliest development in many areas is often Federation. Despite this difference from what are commonly perceived HCAs these areas still stand as having heritage significance, not only from the age and types of buildings but also from the substantial garden settings which characterise these highly valued garden suburbs.

· Unclear what the development controls will be

The development controls for the proposed heritage conservation areas will be very similar to those in the current Town Centres Development Control Plan. The main objectives of these heritage controls are:

1. to ensure that new development retains the identified historic and aesthetic character of the Heritage Conservation Area in which it is situated;

2. to ensure new development respects the character of, and minimises the visual impact upon, the Heritage Conservation Area and its streetscapes through appropriate design and siting; and

3. to ensure that original building elements are retained and where new elements occur that the design is clearly related to the proportions, placement and scale of patterns of the existing HCA.

The development controls support these objectives by requiring new development to be in context with the acknowledged heritage character of the area. The Development Control Plan will include a statement of significance and a description of the heritage characteristics of each HCA, which will provide context for future development.

In addition to LEP and the DCP controls, the State Environmental Planning Policy (Exempt and Complying Development Codes), 2008 includes exempt and complying development that can occur in a heritage conservation area. Complying development does not require the consent of Council; instead an accredited private certifier is able to issue a complying development certificate. Further discussion of the Housing Code, Alteration Code and the Demolition Code can be found in Attachment A4.

· Support for conserving the heritage character of the local area

Those submissions which supported the adoption of the heritage conservation areas expressed concern at the rapid loss of heritage character in the local area. For those individuals and community groups who have lobbied Council for many years for the creation of conservation areas this report is the culmination of years of volunteer work, often in the form of historical research, and participation in community consultation. For these community members the conservation of their local communities has been long awaited and is welcomed.

· Support for protecting the local area from increased residential density

Several submissions inferred that Council’s creation of heritage conservation areas was a bid to protect large areas from rezoning for increased residential density. The study areas were originally defined in the 1996 study Housing in NSW Between the Wars prepared for the National Trust (NSW) by Robertson and Hindmarsh. Several of these areas, known as Urban Conservation Areas, were reviewed by the consultants Godden Mackay Logan between 2001 and 2005. The Godden Mackay Logan studies provided statements of significance, detailed histories and refined boundaries for the Urban Conservation Areas they reviewed. Those conservation areas assessed by Godden Mackay Logan as being of cultural significance were included in draft Local Environmental Plans and referred to the Department of Planning for review and gazettal. These LEPs were not gazetted. There has been a long history at Ku-ring-gai and a desire expressed by the community for the creation of heritage conservation areas to protect Ku-ring-gai’s unique garden suburbs. The upzoning of low density residential areas and the loss of heritage has been of concern to many residents in these areas. The outcome of creating heritage conservation areas will be to conserve Ku-ring-gai’s local heritage. The aim of the heritage conservation area is to identify and conserve the best heritage streetscapes within Ku-ring-gai, it is not a mechanism to stop development.

· Requests for the inclusion of other areas not recommended in the report as heritage conservation areas

There were 17 submissions received requesting Council reconsider including Gilda Avenue and HCA 26 Wahroonga as a draft heritage conservation area. In general, the submissions made the comment the area had not significantly changed since the review by Godden Mackay Logan in 2005. In response to these submissions of support for a HCA proceeding in HCA 26, Paul Davies Pty Ltd reviewed their findings. In Paul Davies Pty Ltd’s opinion, certain areas from their study were borderline for inclusion as a HCA. Following review of the submissions a refined boundary for HCA 26 (please see map in Attachment A5) has been proposed by the consultants.

For HCA 17 Pymble several detailed submissions which contributed to the understanding of the history and historical significance of the area were received. Again, the consultant’s reviewed this HCA in light of the submissions and an extension of the existing Pymble Heights HCA is proposed (please see Fernwalk map in Attachment A5).

Heritage inventory sheets with statements of significance are being prepared for these HCAs and will be reported to Council at a later date.

Implications of inclusion in a heritage conservation area

There are both costs and benefits to inclusion in a heritage conservation area, both to the individual and to the community. Protecting a conservation area has the benefit of conserving for current and future generations the aesthetic and social qualities which give the area its cultural value and make it a great place to live. Other benefits include certainty as to the types of development that occur in a conservation area. The character of the area is required to be retained; therefore development which is out of character or out of scale to the area is unlikely to gain development approval. New dwellings and demolitions in conservation areas are not complying development for the purpose of the Housing and Demolition Codes. As such these developments would be the subject of neighbour notification, giving the community opportunity to comment on development in their local area. Heritage items or places within heritage conservation areas that are deemed as meeting the criteria for being heritage restricted under section 14G of the Valuation of Land Act, 1916 may be eligible for a heritage restricted valuation for the purposes of land tax.

Restrictions that result from inclusion in a heritage conservation area include additional development controls such as additions being located to the rear and not visible, or at the least not visually dominant, from the street. Demolition for new builds of contributory sites is may not be supported. Additional storeys on single storey buildings is generally not supported. Lot subdivision or amalgamation may not be supported. Rendering and painting of original facebrick and other previously unpainted surfaces is strongly discouraged. Development applications may need to include a heritage impact statement prepared by a heritage professional recognised by the NSW Heritage Office. As stated previously, it is recommended Council undertake a review of how its requirements and practices can reduce the administrative costs of heritage listing.

Planning for the HCAs - additional planning opportunities and constraints

Based on the Council's adopted PLEP work plan and timeframe and the Department of Planning and Infrastructure’s gateway determination, other factors may still influence the final recommended boundaries for the Principal LEP. These planning considerations include interface sites, change over time such as court approved demolitions, natural resource management planning and fire prone areas. Therefore, those boundaries which are proposed and potentially adopted in this report may be subject to further refinement before inclusion in the draft Principal Local Environmental Plan.

Other heritage work for the Principal Local Environmental Plan

In preparation for the PLEP several heritage reviews and other work is being undertaken to assist in drafting the heritage schedule and the heritage maps. Work includes:

· Heritage Conservation Area Review North – subject of this report;

· Heritage Conservation Areas Review South – report with recommendations reported to the June Ordinary Meeting of Council;

· Heritage Review of Post-war Architecture – a review of previously unassessed architecture from the post-war period. Many of the items are from the Institute of Architects list of significant 20th century buildings;

· review of Council owned or managed potential heritage items – places previously identified as having heritage significance, for exhibition as a supporting planning study for the Principal LEP;

· review of potential heritage items – list of previously identified heritage items taken from previous draft LEPs and heritage studies;

· other work includes amending the heritage schedule to remove heritage items that have been demolished or curtilage that has been subdivided and redeveloped; and

· formatting the heritage schedule to the current requirements of the LEP template – this includes a description of the heritage listed place in the heritage schedule.

Governance Matters

On 14 December 2010, Council endorsed an updated timeline for the preparation of the draft
Ku-ring-gai Principal Local Plan. The report detailed a work program for the completion of studies, including a heritage conservation area review, to inform the proposed Ku-ring-gai Principal Local Environmental Plan. This work program was included in the Planning Proposal adopted by Council on 12 October 2010.

On 10 November 2010 the Department of Planning issued a Gateway Determination under section

56 of the Environmental Planning and Assessment Act, 1979 in respect of Council’s Planning Proposal to prepare an LEP to cover all land in the Ku-ring-gai local government area which is not subject to the Ku-ring-gai Local Environmental Plan (Town Centres) 2010. On 14 December 2010

Council noted the Gateway Determination. The Gateway Determination includes a deadline of the

end of March 2011 for the submission of a draft instrument and maps reflecting all relevant studies, including the heritage conservation area review, to be endorsed by the Director-General’s delegate under section 57(2) of the Environmental Planning and Assessment Act, 1979.

At the Ordinary Meeting of Council on 7 December 2010, Council resolved to exhibit for public comment the draft report Northern Heritage Conservation Areas Review.

Unexpected delays in a number of the studies supporting the Principal LEP, including the Heritage Conservation Areas Review South, means that some of the reporting targets in the Principal LEP work program can not be met. As a result, a revised work program and timeline will be developed and presented to Council in association with the report on the Heritage Conservation Areas Review South.

Risk Management

There is a community expectation that places of heritage significance within the Ku-ring-gai

Council local government area will be identified and protected. There is a strategic risk of damaging the reputation of Council if these culturally significant places are not identified and considered for protection.

Financial Considerations

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

Social Considerations

The purpose of this report is to invite community participation in the process to identify and protect places of heritage significance in the Ku-ring-gai Council local government area. In the Sustainability Vision Report residents expressed concern at the loss of character and the demolition of older homes to accommodate new development. The identification and protection of heritage conservation areas is one way Council can work towards conserving the historic garden suburb character of Ku-ring-gai.

Environmental Considerations

An aim of the Draft North Subregional Strategy of the Metropolitan Strategy is to protect the environment and a key action to conserve Sydney’s cultural heritage. This report identifies a significant number of contributory properties within the proposed heritage conservation areas, whose conservation is for the benefit of current and future generations. The retention and conservation of heritage places has an important role in protecting the environment. The environmental sustainability benefits afforded by the retention of heritage places includes the substantial reduction in building demolition and new construction waste, and the conservation of embodied energy in the existing buildings.

Community Consultation

The Heritage Conservation Area Review North was non statutorily exhibited from 14 February 2011 to 25 March 2011. Recognised community stakeholders, such as property owners and residents in and around the potential heritage conservation areas received notifications letters, a map and a heritage brochure containing information on the importance of conserving heritage conservation areas and the process Council undertook to identify and assess the proposed heritage conservation areas.

Three community information sessions were held during the exhibition period to allow the consultants to present their findings and for the community to ask questions of the consultant and Council staff about the review and the draft report.

The exhibition period was advertised in the North Shore Times and on Council’s website. The exhibition material was made available for viewing at Council’s administration building, Council’s libraries, and on Council’s website. The PowerPoint presentations from the community information sessions were also posted on the website. Throughout the exhibition Council staff have also attended to large number of phone calls, emails, letters and meetings with the community on the issues raised in response to the exhibition.

Council’s Heritage Reference committee was also consulted and submissions were made by some members which have been included in the submission summary.

All persons who made a submission were notified of this matter going to Council.

Internal Consultation

Consultation with relevant Departments of Council has taken place in preparing this report, in particular, Development and Regulation.

Summary

The draft report on the Ku-ring-gai Heritage Conservation Area Review North was placed on public exhibition from the 14 February 2011 to 25 March 2011. Council received 105 community submissions on the draft report. It is recommended the six proposed heritage conservation areas be adopted for inclusion in the draft Principal Local Environmental Plan. It is also recommended that two further heritage conservation areas in Pymble and Wahroonga be reported back to Council following preparation of heritage inventory sheets for these areas.

Recommendation

A. That Council adopt the recommended draft heritage conservation areas to be exhibited as part of the Principal Local Environmental Plan being:

i. Draft C15 – Wahroonga;

ii. Draft C16 – Warrawee;

iii. Draft C17 - Heydon Avenue, Warrawee/Woodville Avenue, Wahroonga;

iv. Draft C18 - Extension of Ku-ring-gai Avenue;

v. Draft C19 – Pymble Avenue;

vi. Draft C20 – Extension of Orinoco Street; and

vii. Draft C21 – Extension of Pymble Heights.

B. That Council, following the completion of a statement of significance, include revised HCA 17 Pymble (Fernwalk) and HCA 26 Mahratta, Wahroonga as part of the exhibition of the Principal Local Environmental Plan.

C. That all persons who made a submission be notified of Council’s decision.

Andreana Kennedy

Strategy - Heritage Planner Specialist

Antony Fabbro

Manager Urban & Heritage Planning

Andrew Watson

Director Strategy & Environment

Attachments:	A1 View	Summary of issues from community submissions for HCA north review	2011/093338
	A2 View	Maps for proposed HCAs recommended for adoption	2011/095029
	A3 View	Literature review of the effect of designation on house prices	2011/094246
	A4 View	Summary of the effect of the Exempt and Complying SEPP on places within heritage conservation areas	2011/094251
	A5 View	Maps for proposed HCAs recommended for review in future report	2011/094954

APPENDIX No: 1 - Summary of issues from community submissions for HCA north review

Item No: GB.11

Attachment 1: Summary of issues from community submissions for the Heritage Conservation Area Review North.

Submissions for HCAs recommended to proceed by the Paul Davies Report

HCA 17 Church Street, Pymble (northern extension of Pymble Heights, Pymble HCA)

Issues	Comments	Action
Concerned over the economic impact of being included within a heritage conservation area	Further discussion on the economic impacts of heritage listing can be found in Attachment 2. A summary of the key issues and conclusions are contained in the main report.	No further action required.
Disagrees with the assessment that their property, 27 Church Street, Pymble, contributes to the heritage significance of the HCA due to extent of alteration and additions that have occurred	Property concerned still presents to the street as a mostly intact house from the key period of development for the proposed HCA. Work that has occurred is sympathetic and does not alter the contributory value of the building.	No further action required.
Petition from 10 owners of properties within the proposed HCA.	The petition represents significant support from the local community for proceeding with the HCA.	No further action required.

HCA 18 Avon Road, Pymble (extension of Orinoco Street HCA)

It is recommended for the study area of proposed HCA 18 that two revised HCAs proceed as draft HCA. The first is an extension of the gazetted HCA C5 Orinoco Street Conservation Area and the second part of Pymble Avenue, Pymble.

Issues	Comments	Action
Requests a larger area be included in the HCA	Examination of the survey results from both the Godden Mackay Logan and Paul Davies studies and Council’s own inspections have found that a further extension of the area is not warranted.	No further action required.
Larger area to protect BGHF (a critically endangered ecological community).	Endangered ecological communities are protected through threatened species legislation at a state and in some cases, at a national level. However, to improve the protection of these communities within Ku-ring-gai, Council has undertaken extensive mapping and assessment of these communities, and exhibited a draft strategy. for the protection of biodiversity, namely the "Biodiversity and Riparian Lands Study, Ku-ring-gai Principal LEP, Draft Background Paper". It is proposed to apply a mix of environmental zoning, lot size restrictions and specific provisions related to mapped areas of biodiversity significance in the draft Principal LEP. This strategic and focussed approach to the protection of endangered ecological communities and other areas of ecological value within the urban area will provide a more appropriate means of protection for areas of ecological significance.	No further action required.
Concerned recommendations of the National Trust study not being taken into consideration	A desktop review of all prior heritage studies was undertaken and provided as background information to the consultants. The review was intended to assess the impact of change on the cultural significance of the conservation areas since the previous studies.	No further action required.
Concerned with the heavy reliance on the 1943 photos to determine cultural significance.	The 1943 aerials represent a unique and comprehensive snapshot of the Sydney landscape in 1943. With the use of resources such as the Lands Department’s Sixviewer comparisons can be made between current building footprints, roof-forms and garden settings and those of 1943. It is not the only tool used in assessing significance but a commonly utilised resource in assessing change over the last 70 years. Cultural significance is also determined via other methods such review of other material, articles etc.	No further action required.
Concerned over the economic impact of being included within a heritage conservation area	Further discussion on the economic impacts of heritage listing can be found in Attachment 2. A summary of the key issues and conclusions are contained in the main report.	No further action required.
Disagrees with the assessment that their property, 56 Pymble Avenue, Pymble, contributes to the heritage significance of the HCA due to extent of alteration and additions that have occurred	Work that has occurred on this extant 1943 house has been sympathetic (including rear second storey addition) or is reversible (painting, built-in verandah) and has not diminished the contribution the property makes to the heritage conservation area.	No further action required.
Presently permitted subdivision within existing lot cannot occur or if possible, will be restricted.	The suitability of a site for subdivision is influenced by many planning factors including but not limited to minimum lot size, vehicular access, conservation of existing significant trees (in particular contributors to endangered ecological communities), provision of soft landscaping and protection of neighbour’s amenity (such as solar access and privacy).The subdivision in question has not been assessed. Subdivision within a conservation area may in some instances still be permissible, however, all other planning considerations along with the conservation of the heritage conservation area, are relevant.	Site specific issues will be dealt with at the development application stage.
Objects due to the high number of heritage items surrounding their property and due to this, the are is already heritage protected	The heritage conservation area is recognition of the contributory value of various buildings, landscapes and settings in the proposed HCA. It is not restricted to heritage items and is intended to protect all of these elements.	Develop and implement a community education program on what is a heritage conservation area and the practicalities and implications of living in a HCA.
Council’s DCP 38 is already onerous and enough regulation to control development	Gazetted HCAs will be subject to the development controls in the Principal Development Control Plan. The HCA specific controls are intended to conserve the culturally significant elements of conservation area and offer better guidance on how to achieve this objective than DCP 38.	No further action required.
Concerns being in a HCA will add unnecessary, additional and onerous development controls	The HCA specific development controls will be contained within the new Principal Development Control Plan. The intention being to streamline the development controls into one DCP and to avoid unnecessary repetition.	As part of the preparation for the Draft Principal LEP review options for improving the DA process for heritage items and places within HCAS. This could include alleviating DA costs, reviewing the generic need for Heritage Impact Statements, pre DA advice and a clear list of exempt development.

HCA20 Ku-ring-gai Avenue, Turramurra (extension of Ku-ring-gai Avenue HCA)

Issues	Comments	Action
Objects to the northern section of Ku-ring-gai Avenue and Boomerang Street being included as the houses are not contributory based on the stated criteria in the statement of significance for the HCA	The houses to the north of the HCA are identified in the inventory form as being from a key development period being the Inter-war period and it is acknowledged that residences from the Inter-War period on subdivided sites have added to the historical significance and aesthetic quality of the area.	No further action required.
States that Council’s motivation for heritage listing is to prevent inappropriate development	Council’s objective in statutorily recognising the heritage conservation areas is to conserve those areas which best represent the history and heritage of Ku-ring-gai from the Victorian period to the 1960s. Preventing development that is unsympathetic to the heritage qualities of these areas is a desired outcome of including these heritage conservation areas in Council’s Principal Local Environmental Plan.	No further action required.
Concerned over additional administrative cost of DAs	As part of the preparation for the Draft Principal LEP review options for improving the DA process for heritage items and places within HCAS. This could include alleviating DA costs, reviewing the generic need for Heritage Impact Statements, pre DA advice and a clear list of exempt development.	Review Council’s administration of development applications for heritage items and places within heritage conservation areas. Improve community awareness about the State Governments exempt and complying code and how it applies to heritage conservation areas.
Concerned listing will restrict future subdivision and infill development	Subdivision and infill development may still be permissible but would require compliance with the development controls for heritage conservation areas as stipulated in the Development Control Plan. New development would be required not to detrimentally impact the heritage significance of the heritage conservation area along with adhering to other planning considerations.	Further community education on sympathetic development in a heritage conservation area.

HCA 23 Warrawee

Issues	Comments	Action
Disagrees with the assessment of their house, 12 Warrawee Avenue, Warrawee, being included within a HCA as it is of no heritage value	Agreed. This house was assessed as neutral not contributory. It is the majority of other houses in the HCA and their associated settings that contribute to the areas high aesthetic value and historical significance. The property will remain within the proposed HCA.	No further action required.
Supports the protection of gardens, houses and streetscapes within HCA 23.	The qualities that contribute to the heritage significance of a HCA need to be clearly stated and guidelines prepared to assist owners with conserving these valuable attributes.	Prepare design guidelines for gazetted heritage conservation areas.
Concerned over the economic impact of being included within a heritage conservation area	Further discussion on the economic impacts of heritage listing can be found in Attachment 2.	No further action required.
Suggests that due to the diversity of housing types, maintaining the character of the area in the long term cannot be realistically retained.	As stated, the provision of community education on what is valuable in a heritage conservation area will assist the community in conserving and enhancing these valuable assets.	No further action required.
Properties in HCA 23 do not exhibit a consistent character.	It is the diversity of high quality architecture, and the retention of generous garden settings, from numerous development periods, exhibiting a range of recognised and valuable architectural styles, that is the distinguishing significant character of the Warrawee heritage conservation area. It is not a requirement that conservation area have row after row of identical houses. The requirement to meet the threshold for significance is the degree of intactness of buildings and contributory settings from the identified key development periods, which are assessed as having cultural significance (this is usually aesthetic and historical).	No further action required.

HCA25 Heydon Avenue, Warrawee/Woodville Avenue, Wahroonga

Issues	Comments	Action
Disagrees with the assessment that proposed HCA 25 is of heritage significance due to the insufficient number of Inter-war houses.	In the pre1943 map completed by the consultant the majority of lots on Woodville Avenue were constructed prior to 1943. This includes key buildings in the Knox site.	No further action required.
Please further explain evaluation criteria in which Council employ to determine HCA inclusion.	Explained in the consultant’s report and in the Council report (7 December 2010) and provided in the exhibition material and made available to the public.	No further action required.
Where there are a number of properties in the same street in very close proximity, what factors would the Council take into account in determining one property, but not the other, should be included in the HCA.	Inclusion as a contributory property within the HCA was based on the heritage assessment, conducted in accordance with the guidelines of the NSW Heritage Office by the heritage consultant. The buildings were inspected to assess the level of intactness of places identified as contributing to the key development periods within of the HCA.	No further action required.
Concerns over assessment rationale and evaluation criteria in determining HCAs.	The assessment methodology and evaluation is consistent with the requirements for heritage assessment recommended by the Office of Environment and Heritage of the Department of Premier and Cabinet.	No further action required.
Submission highlights the poor condition of various elements of the streetscape and alludes to other streets that nearby are visually, far more attractive.	The area is valued for its Federation and Inter-war period streetscapes. In some opinions, other streets are more aesthetically appealing; however, these streets are have not been assessed as intact heritage conservation areas.	Where other areas of potential cultural significance are identified further work should be undertaken to assess the heritage significance of these areas.
Submission argues that based on significant redevelopment to the building in recent years, the Knox Grammar School and it's properties should be excluded from being within a HCA in the North Area. The schools holdings and investments over the years, make it unlikely to move from its current location. These factors alone protect it from the 'threat' of redevelopment.	The threat of development is not the reason for inclusion. The Knox school is part of the streetscape and the use of the site as a school fits in with the key development periods outlined in the statement of significance.	No further action required.
Submission argues that the Warrawee Bowls Club is also unworthy of any heritage classification.	Historic use of the site for active recreation and particular bowling, predating 1943, is in line with the statement of significance for the proposed HCA and its significance for federation and Inter-war streetscapes.	No further action required.
Concerns over the necessity of HCA size when there is a total of 10 heritage locations identified.	Being contributory to heritage conservation area is not the same as being a heritage item. The threshold for listing as a heritage item is different to inclusion as a contributory building in a conservation area. The buildings identified as contributory are being included as they are identifiable as intact and from a key development period.	No further action required.
Objection to the Pacific Highway being the proposed western boundary for the heritage area.	The majority of the properties on the Pacific Highway in this portion of HCA 25 are contributory and several are heritage items.	No further action required.
Concerned that No.'s 5 and 7 Winton Street, currently heritage listed, have not been included in HCA 25 leaving them vulnerable to the threat of potential high-rise development.	The subject properties are included within the boundary of the proposed HCA.	No further action required.
The further development of properties in Winton or Eulbertie Street would have a serious negative impact on the amenity and heritage significance of the neighbourhood.	The majority of properties in Eulbertie and Winton Street are included within the boundary of the proposed HCA. Encouraging development that is sympathetic to the heritage qualities of these areas is a desired outcome of including these heritage conservation areas in Council’s Principal Local Environmental Plan.	No further action required.
Who will be the people in Council that will decide on the style and format of any property improvements. Reasonable and informed staff need to be found for this task.	Development will be assessed by Council’s development assessment planners in consultation with Council’s heritage advisor. Development should comply with the guidelines and development controls set out in Council’s development control plan, with the main objective of achieving sympathetic and contextual design.	No further action required.
Concerns over alteration/renovation/ redevelopment - Ability to carry out under additional HCA restrictions.	Sympathetic alterations and additions that adhere to the development controls in Council’s DCP will still be possible.	Guidelines for sympathetic development in heritage conservation areas should be prepared as part of the preparation of the Principal Development Control Plan.
Submission highlights how the built environment identified in the Paul Davies report are the elements that Council has specified need to be preserved – however it is the garden suburb quality that should be conserved.	The streetscapes and the positioning of the historic houses in their garden settings are also visual contributors to the aesthetic quality of the heritage conservation areas.	No further action required.
Submission argues the area does not exhibit any heritage significance.	The area has been assessed in detail by two independent consultants who both found the area to be of heritage significance. The area has numerous examples of fine Federation and Inter-war period architecture, and fortunately due to the many sympathetic developments in the area, is mostly intact.	No further action required.
Heydon Avenue area could not be said to represent any particular period of building or architecture but, rather a collection of houses built over the last hundred years or so.	This fact is borne out by the statement of significance which acknowledges the key development periods ranging from Federation to Inter-war. It is not a requirement that conservation area have row after row of identical houses. The requirement to meet the threshold for significance is the degree of intactness of buildings and contributory settings from the identified key development periods, which are assessed as having cultural significance (this is usually aesthetic and historical).	No further action required.
Argues the report’s assessment process values properties simply because they are old, not good.	The contribution rating assessment reviewed properties based upon several attributes including their representation as buildings from the key development periods, degree of intactness and setting. The heritage inventory form which justifies the key development periods states the aesthetic value is derived from the fine Federation and inter-war period streetscapes. It is not merely age but also the aesthetic quality of the buildings and their setting that led to these buildings receiving a contributory rating.	No further action required.
2nd March 2011 at community meeting, it was suggested that heritage conservation orders create an increase in value for the properties concerned. Reference was made to a study of a town in Country Victoria - this should not be considered as the market is too different.	Further discussion on the economic impacts of heritage listing can be found in Attachment 2.	No further action required.
Does not agree with Ms Deodhar's statement "study conclusively establishes that heritage-listed homes in Ku-ring-gai enjoy a price premium compared to unlisted homes". It is potentially misleading and confusing unless it is to underline the lack of evidence to support the proposition that HCA's will be good for property prices.	Ms Deodhar’s methodology and assessment is not in contradiction to the majority of findings from studies using hedonic modelling to review the impact of designation on house prices. It is acknowledged that a more comprehensive review of the literature on the effect of pricing is required and it has been supplied in Attachment 2.	No further action required.
Council has not undertaken appropriate consultation with landowners within HCA 25	Council placed this report on exhibition for 6 weeks. Owners were notified of the reports exhibition and invited to attend a Community Information Session to discuss the report. Attendees at the session were able to talk one on one with the consultant and/or Council staff. Owners were able to ring Council staff and discuss the review. All exhibited information was available at Council chambers, Council’s libraries and on Council’s website. In addition, when requested Council either met with or arranged to meet with affected owners.	No further action required.
The draft proposal does not offer appropriate land use planning controls for areas such as HCA 25 that would otherwise be considered suitable for high density residential development consistent with the Sydney Metro Strategy - given it's locality near transport nodes.	The Metro Strategy identifies heritage conservation along with increased residential density as a desired outcome of the strategy. This review assesses and acknowledges those areas with high cultural value and representative of the heritage of Ku-ring-gai. While planning considerations other than heritage have been considered in this process, the high significance of this HCA warranted its inclusion.	No further action required.
The proposed HCA's will conflict with the current operators intentions to facilitate expansion onto surrounding sites and create significant adverse impact on the likely future development of properties under HCAs.	Future development may be considered in conservation areas where this development is sympathetic to the heritage values which are being conserved.	In the event this HCA is exhibited as a draft in an LEP, it would be pertinent that any expansion of the subject site be guided by a master planning process and assessed at the development application stage.

An amalgamation of HCAs 27, 28, 28A Wahroonga

Issues	Comments	Action
Objects to streets north west of Burns Road should be excluded due to building decay and alterations that have occurred	There are many beautifully maintained and intact federation and Inter-war within this area. This area has been assessed by two independent heritage consultants and both have recommended the area be included within a heritage conservation area.	No further action required.
Concerned over the economic impact of being included within a heritage conservation area	Further discussion on the economic impacts of heritage listing can be found in Attachment 2.	No further action required.
Objects as plans to redevelop the land	Property concerned is not within the HCA.	No further action required.
Objects to streets north of Burns Road being included due to lack of visual cohesiveness and architectural consistency.	The key development periods for HCA 28 identified by the consultant span from the 1890s to the 1940s. The aesthetic value is from the variety of architectural styles from these key periods which are present in the HCA.	No further action required.
Objects to neighbour’s house being included due to derelict state.	The house in question has been a heritage item since 1989.	No further action required.
Requests boundary adjustment to remove property due to lack of contributory value	Property is from a key historic period of the HCA being the 1920s – 1940s.	No further action required.
15 Braeside Street, Wahroonga, objects on the basis of loss of individual property rights	It is within the purview of Council to manage land-use and place constraints on development for community benefit. These constraints, such as zoning, are already in place. Inclusion in a HCA does not remove ownership, the right to sale or the ability to undertake development which complies with Council’s development controls.	No further action required.
Objects to the principle of a conservation area as it restricts the ease with which owners can currently alter their own properties and increases administrative costs.	Owners are still able to undertake development that complies with Council’s LEP and DCP. In some instances this can include significant rear additions and interior modifications. The new controls which will impact properties in HCAS are to conserve or enhance the HCA, which generally requires development that can be viewed from the street being sympathetic and contextual. Limiting the administrative costs should be a concern or Council and the subject of a further report.	Guidelines for sympathetic development in heritage conservation areas should be prepared as part of the preparation of the Principal Development Control Plan. As part of the preparation for the Draft Principal LEP review options for improving the DA process for heritage items and places within HCAS. This could include alleviating DA costs, reviewing the generic need for Heritage Impact Statements, pre DA advice and a clear list of exempt development.
Objects to views and vistas as a criteria for significance due to their dynamic nature	Significant views and vistas are those which have historic significance. Generally, if these views/vistas are still apparent, than they have withstood the test of time and have been acknowledged by previous generations, through their conservation, as being of significance to the conservation area.	No further action required.
Objects due to the lack of a cohesive architectural style and significant history
Concern over particular property, 1 Water Street, Wahroonga, of assessed heritage value being included due to concerns over increased regulation, loss of economic opportunity, loss of individual property rights and given the owners already respect the heritage character of the building and grounds	This particular property has been assessed as being contributory in two independent heritage assessments and recommended as a potential heritage item. As it is central to the HCA it cannot be removed from the boundary; and it does make a positive contribution to the HCA. If the owners wish in the future to undertake development, this may be permissible under the LEP and DCP, but any new development or infill would need to be sympathetic to the HCA. Listing of individual items is not the concern of this report but instead of the Heritage Items Review to be reported to Council as part of the supporting planning documents for the DPLEP.	Assessment as a potential item will be determined under the Heritage Item Review.
Supports the reallocation of the Wahroonga Park, the Coonanbarra Shops and the Wahroonga Railway station to its own conservation area which would also incorporate The Railway Avenue shops and the immediate area (also see discussion on HCA 26).	Wahroonga Park, the Coonanbarra Shops and the Wahroonga Railway station all contribute to the identified key periods of development in the defined amalgamated HCA 27, 28, 28A. The statement of significance for this HCA acknowledges the important contribution of the Wahroonga Progress Association to early 20^th century development and local planning in the Wahroonga area.	No change to proposed amalgamated HCA 27, 28 and 28A.
Believes that to understand the draft report need to understand the implications of being in a conservation area	The report’s primary objective is to ascertain whether or not these areas meet the threshold of heritage significance. Those areas deemed significant and adopted by Council, will be exhibited as part of the Draft Principal Local Environmental Plan. It is at this stage the opportunity to explore other planning considerations impacting on the inclusion of these HCAs will be considered.	No further action required.
Inclusion of a building in a heritage area is a deterrent to buyers	Attachment 2 explores the literature on the impact of designation on property values. The majority of studies show designation as having a very marginal affect on prices, usually none or positive. This result could be extrapolated to assume that a stable price would mean that neither demand nor supply have been significantly impacted.	No further action required.
Own house, 30 Grosvenor Street, Wahroonga, has no historic or aesthetic value	This particular house was not assessed as contributory as it was at the time of the street survey a building site. The buildings and their associated settings surrounding this house do have contributory values to the proposed HCA.	No further action required.
Several suggestions for additional potential items and the removal of demolished heritage items.	A review of individual items will be considered in a later report. This will include updating the heritage schedule to remove items that are no longer significant due to factors such a demolition or subdivision. These suggestions have been noted.	Examine suggested items as part of the heritage item review.
Requests inclusion of special character area that includes 65, 69, 82, 86, 90, 100 Braeside Street, Wahroonga.	Character areas are the subject of a development control plan, not a local environmental plan. This study is a supporting planning study for the PLEP. The character area will be given further consideration during the drafting of the DCP.	Consider the inclusion of character areas in the Principal DCP.
Requests a larger area be included in the HCA in particular Bareena Avenue	This portion of Bareena Avenue was not assessed by the current consultants. Godden Mackay Logan’s findings that several properties were contributory and the area should be extended still stands. This small expansion of the HCA fills and unusual gap in the HCA and will contribute to the ongoing management of the streetscape’s aesthetic character into the future.	Recommended to extend the HCA to include 1-12 Bareena Avenue.
Requests extension of the HCA to include parts of Kintore and Braeside Street Wahroonga Avenue.	While these areas are well represented by heritage items there is not a majority of contributory properties which could bring these areas to the threshold of significance for a heritage conservation area. The consultants did carefully review the boundaries of these HCAs and in some instances made adjustments and further inclusions. This is not the case for the area suggested by this submission. Even in the GML study of part of this extension, the percentage of contributory items was less than 40%.	No further action required.

Submissions for HCAs not recommended to proceed by the Paul Davies Report

HCA 26 Mahratta, Wahroonga

Issues	Comments	Action
17 submissions were received supporting the inclusion of HCA 26, and in particular Gilda Avenue, as a draft heritage conservation area in the Principal Local Environmental Plan.	Following review of the submissions a refined boundary for HCA 26 (please see map 6 in Attachment **) has been proposed by the consultants.	The review of these HCAs and their statements of significance will be reported back to Council as part of the Principal Local Environmental Plan.
Supports the Railway Avenue shops and the immediate area being included in a conservation area that includes the Wahroonga Park, the Coonanbarra Shops and the Wahroonga Railway station. (Also see notes on HCA 27, 28, 28A)	Assessment of the Railway Street shops and the immediate surrounding area has found that the area does have a discernible urban character but this character is not supported as a heritage area due to the large number of neutral buildings rendering the area no longer intact and unable to reach the threshold of significance as a conservation area.	Those places recommended as potential items be further investigated. To conserve the village character of the Railway Street shops, site specific controls and urban design guidelines should be included in the Ku-ring-gai Principal Development Control Plan.
Supports the inclusion of the northern portion of HCA 26 being Woonona and Neringah Avenue. The conclusion drawn by the consultant of the area’s lack of significance is based upon perceived errors in the mapping. Such errors include: showing an item as contributory rather than as a potential item; 12 Woonona is not acknowledged as a potential heritage item; and 8 Woonona Avenue is not shown as contributory. Overall, believe the area is intact and meets the threshold for inclusion as a conservation area.	The potential items on the contribution map are those that have in the past been fully assessed by a heritage consultant and determined to have cultural significance as a heritage item, although they have not yet been statutorily listed. Potential items identified in this study are for further assessment. Thus their assignment as contributory was a judgment call not an error. 12 Woonona is by a resolution of Council not a potential heritage item under the draft PLEP. 8 Woonona Avenue should be shown as contributory as an extant Inter-war building. In reviewing the contribution rating map, Paul Davies Pty Ltd gave weight to the occurrence of extant pre-1943 buildings within the conservation area. When this was in the majority, it was clear that a connection between the original key development periods and the historical subdivision was still present. Other subsequent key development periods, such as the post-war period, may have some contributory value to the HCA but it was assessed in this instance that these buildings did not warrant recognition as HCAs on their own. This is particularly the case in Neringah Avenue. Review of this assessment does not recommend its inclusion.	No further action required.
The consultant did not consider any alternatives but the abandonment of the HCA.	The consultant did consider alternatives by identifying potential heritage items.	No further action required.
Current study identified more contributory items than the Godden Mackay Logan study yet Paul Davies concluded the area is not suitable as a HCA	The decision of which HCAs proceeded was based on the contribution rating map, the pre 1943 map and where applicable, other historical information. Where on balance there were more later dwellings (post war) the consultant resolved the proposed area did not reach the threshold for significance.	See initial action for HCA26.
The whole of Wahroonga Park and the adjacent War Memorial area should be identified as a heritage item	The identification of potential heritage items for the PLEP is part of the heritage items review.	Wahroonga Park be investigated as a potential item.

HCA 17 Wellesley Road, Pymble (south eastern extension of Pymble Heights, Pymble HCA)

Issues	Comments	Action
Objection to the exclusion of the area bounded by Grandview Street, Mona Vale Road (both sides), and Telegraph Road (both sides) due contributory items being assessed as neutral (due to the consultant’s determination that"cement rendering of brickwork would lead to the house being defined as neutral" ) or not included such as Pymble station.	The area of HCA 17 which has been excluded was deemed by the consultant to lack the level of intactness required to be included in a HCA. This assessment is different to that offered by Godden Mackay Logan report in 2002. Based upon the community support for this HCA it is recommended that the assessment of HCA 17 in part be peer reviewed.	Recommendation to review parts of HCA 17.
Given the historic significance of Telegraph Road and Mona Vales, in conjunction with the number of heritage items and contributory buildings identified, it is recommended that in addition to the Church and Orinoco HCAs, HCA 17 should include both sides of Mona Vale Road and Telegraph Road, part of Wellesley Road, Grandview Street and Fern Walk along with parts of Orana Avenue.	See above.
Include those areas excluded which include the streets: Merrivale Road, Selwyn Street, Bannockburn Road	GML recommended removing those areas bounded by Merrivale Road, Selwyn Street, Bannockburn Road and Pacific Highway therefore this amendment is not supported.	No further action required.
Unhappy that so few residents in HCA 17 were contacted as part of the HCA review process and the consequent lack of community participation at the Community Information Sessions.	It was a resolution of Council that only those owners of properties to be included in the proposed HCAs and those in the immediate vicinity of these HCAs were to be contacted as part of the notification of the exhibition and the community information sessions.	Concern has been noted and will be considered in future consultation.
There is very strong local support for the history and aesthetics of the area, and for a HCA extending to the original UCA exhibited by council from 24th July to 26th August 2002 (stage 2 and 2A UCA Study Area) - support demonstrated when local petition containing 650 signatures in support of the Pymble UCAs was at Council Meeting on 27th August 2002.	Following review of the submissions an additional HCA is recommended for HCA 17 (please see map 7 in Attachment **) has been proposed by the consultants.	The review of these HCAs and their statements of significance will be reported back to Council as part of the Principal Local Environmental Plan.

General

Issues	Comments	Action
Objection to the exclusion of houses with rendered facebrick from the category of contributory regardless of other criteria such as roof form, scale, setback and architectural detailing still being intact and recognisable as a building from the key development period. This is contrary to the methodology used by Godden Mackay Logan in the previous studies and is not best practice.	Not all houses with original facebrick that had been rendered were excluded from the category of contributory. It was only those houses where brickwork is a defining feature of a particular housing style. Godden Mackay Logan in their definition stated that a house which had been rendered “may still retain and be able to demonstrate historic values, even though its aesthetic values have been diminished”. The two methodologies while not the same are not diametrically opposed. Factors other than aesthetic significance in both circumstances may result in a building being categorised as contributory.	No further action recommended.

[1] Designation is the term commonly used in academic literature for the statutory recognition of a place as being of cultural significance.

[2] The majority of studies in the Armitage and Irons paper used the repeat sales technique. This method compares the sale price of heritage and non heritage properties over time. The repeat sales technique is considered a less robust anaylsis than hedonic modelling.

Ordinary Meeting of Council - 24 May 2011	MM.1 / 28

Item MM.1	S08316
	2 May 2011

Ordinary Meeting of Council - 24 May 2011	GB.1 / 29

Item GB.1	S02046
	3 March 2011

Ordinary Meeting of Council - 24 May 2011	GB.2 / 35

Item GB.2	S06339
	2 May 2011

Attachments:	A1 View	Policy for Dealing with Unreasonable Complainant Conduct	2011/086936
	A2 View	NSW Ombudsman - Managing Unreasonable Complainant Conduct - Practice Manual	2011/097016
	A3 View	NSW Ombudsman - Very Difficult Complainants Fact Sheet	2011/097018

Doc distribution	Internal/External	Doc status		File No	S05246
Document owner	General Manager	Contact officer/s	Internal Ombudsman
Approval date		Approved by
Effective date		Review period	3 year	Review date
History of approved versions
Version	Effective date	Summary of changes
1.0		Original

purpose of report:	To seek Council's instructions in relation to a request for assistance with legal costs by Ballina Shire Council, recommended by the Local Government Association of NSW and Shires Association of NSW

background:	Ballina Shire Council has sought the assistance of the Local Government Association of NSW and Shires Association of NSW in relation to legal costs incurred in legal proceedings in the Land & Environment Court of NSW. The proceedings questioned whether a proposed development was designated development within the meaning of the Environmental Planning and Assessment Act 1979.

comments:	Joint Executive of the Local Government Association and the Shires Association resolved “That legal assistance be granted under the terms of the Legal Assistance Policy and Guidelines.”

recommendation:	That Council determine whether to contribute to Ballina Shire Council’s legal costs in the requested amount of $910.94.

purpose of report:	To consider the implementation of a policy for dealing with unreasonable complainant conduct.

background:	There has been no previous policy within Council for dealing with unreasonable complainant conduct.

comments:	This policy is based on publications from the NSW Ombudsman and the Australian Parliamentary Ombudsman. Council has recognised a need for this policy.

recommendation:	That the Policy for Dealing With Unreasonable Complainant Conduct be adopted.

Ordinary Meeting of Council - 24 May 2011	GB.3 / 115

Item GB.3	S05650
	2 May 2011

purpose of report:	To advise Council of a request from The Novus Foundation to purchase tickets for a Gala Dinner to be held at Miramare Gardens, Terrey Hills on Saturday 28 May 2011.

background:	The Novus Foundation was established in 2006, as a partnership between Phil McCarroll Automotive and the Wahroonga Rotary Club. The Foundation supports projects directed at the welfare of young people in Hornsby, Ku-ring-gai and other areas of northern Sydney. The primary target group are young people under 25 years of age.

comments:	The Novus Foundation has raised over $500,000 since 2006 in support of community projects. In 2011 the Novus Foundation is supporting Bear Cottage, Hornsby Ku-ring-gai PCYC, Sydney Adventist Hospital’s, StreetWork, Rotary Club of Wahroonga and Studio Artes Northside. Tickets for the dinner are $150 each, or sponsored tables range from $3,000 to $20,000 per table.

recommendation:	That Council determine whether to purchase tickets for The Novus Foundation 2011 Gala Dinner.

Ordinary Meeting of Council - 24 May 2011	GB.4 / 122

Item GB.4	S07451
	7 March 2011

purpose of report:	To advise Council of an illegal tenancy at the green keeper employee and caretaker’s cottage (the cottage) at the East Roseville Bowling Club (the Club).

background:	On 24 August 2010 Council resolved to grant the Club a whole of site lease at 47– 49 Warrane Road, East Roseville for 5 years plus 3 options of 5 years each, giving a total term of 20 years.

comments:	Under the terms of the new lease the Club was permitted to retain rental income from the cottage on the site. Council agreed to this because the tenant, the club’s green keeper, was an employee who also undertook a caretaker role. Council officers have recently discovered that the cottage’s tenant is no longer the greenkeeper/caretaker, rather an illegal tenancy of the cottage is now in place.

recommendation:	That the General Manager write to the Club, and that Council resolve not to grant the whole of site lease to the Club, excise the cottage and its curtilage from the land, subdivide, rezone and reclassify the area comprising the cottage and its curtilage as residential land.

Attachments:	A1 View	Plan of cottage outlined in red	2011/051581
	A2 View	Lease effective 1 October 2003	2011/098063
	A3 View	Residential tenancy agreement of the cottage starting 3/07/10	2011/051201
	A4	Confidential summary and 2 legal advices dated 3/03/11 & 4/04/11	Confidential

Ordinary Meeting of Council - 24 May 2011	GB.6 / 293

Item GB.6	S02466/2
	6 May 2011

purpose of report:	To report legal costs in relation to planning matters in the Land & Environment Court for the year to date as at 31 March 2011.

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

comments:	For the year to date as at 31 March 2011, Council’s legal costs and associated expenses in relation to Land & Environment Court planning matters were $860,937. This compares with the year to date budget for the period of $948,200, a positive variance of $87,263.

recommendation:	That the analysis of Land & Environment Court costs for the year to date as at 31 March 2011 be received and noted.

Financial year	Number of appeals received (whole year)
2006/2007	49
2007/2008	45
2008/2009	39
2009/2010	54
2010/2011	19 (to 31 March 2011)

Land & Environment Court Costs 2005/2006 - 2010/2011
*Financial Year*	*Total Costs*	*1st quarter September*	*2nd quarter December*	*3rd quarter March*	*4th quarter June*
2005/2006* (71 appeals lodged)	$1,239,900	$338,350	$362,950	$329,300	$209,300
2006/2007* (49 appeals lodged)	$1,195,900	$141,950	$148,520	$350,730	$554,700
2007/2008* (45 appeals lodged	$1,136,648	$7,800	$336,600	$381,300	$410,948
2008/2009* (39 appeals lodged)	$1,332,350	$134,409	$345,551	$291,985	$510,443
2009/2010* (54 appeals lodged)	$1,445,394	$217,726	$368,642	$264,137	$594,899
2010/2011 (19 appeals lodged)	$860,937	$333,219	$271,232	$256,486

Ordinary Meeting of Council - 24 May 2011	GB.8 / 320

Item GB.8	S02613
	1 April 2011

purpose of report:	To present to Council the draft Ku-ring-gai Companion Animals Management Plan 2011 to 2016.

background:	In accordance with NSW state guidelines, this plan has been developed to facilitate the management of companion animals in Ku-ring-gai. The plan sets out intended actions for the period 2011-2016

comments:	The plan has been developed in consultation with key members of the community and Council staff.

recommendation:	That the draft Ku-ring-gai Companion Animals Plan 2011 to 2016 be placed on public exhibition for a period of 28 days and then be reported back to Council.

Ordinary Meeting of Council - 24 May 2011	GB.9 / 339

Item GB.9	FY00282/2
	2 May 2011

purpose of report:	To report to Council the progress over the period January to March 2011 against the 2010-2014 Operational Plan.

background:	Section 404 of the Local Government Act, 1993 requires a progress report to be presented to Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 (six) months. Although the legislation only requires half yearly reporting, Council is continuing to report quarterly as a commitment to improving management processes and transparent and accountable decision making processes.

comments:	A progress report for all actions against the key performance indicators contained in the 2010-2014 Operational Plan is attached.

recommendation:	That the 3rd quarter Operational Plan review 2010-2014 be received and noted.

Department	Resolutions Outstanding	Resolutions Pending	QWN Outstanding	QWN Pending
Civic	7	0	0	0
Community	4	1	0	0
Corporate	8	1	2	0
Development and Regulation	2	3	1	0
Operations	5	0	0	0
Strategy and environment	45	12	2	1

Ordinary Meeting of Council - 24 May 2011	GB.10 / 373

Item GB.10	S08217
	5 May 2011

purpose of report:	To report back to Council following a site inspection held Tuesday 10 May, 2011 regarding the proposal to install a fence and open the park for use.

background:	On Tuesday 3 May, 2011 Council considered a report on a proposal to install a fence and open the park for use and resolved to hold a site inspection.

comments:	This report provides further information arising from the site inspection and on the work towards the review of the conservation management plan and proposals.

recommendation:	That Council finalise the design plans for the boundary fencing at 1536 Pacific Highway, Wahroonga in accordance with the attached concept plan and forward the proposal to the Heritage Council for comment and approval.

Attachments:	A1 View	Previous reports of 14 December 2010 and 3 May 2011 (including attachments)	2011/090495
	A2	Conservation Management Plans - Mahratta	Confidential
	A3 View	Curtilage Park Concept Plan	2011/094916