Agenda of Ordinary Council Meeting

Hornsby Shire Council Agenda and Summary of Recommendations

Page 1

AGENDA AND SUMMARY OF RECOMMENDATIONS

PRESENT

NATIONAL ANTHEM

OPENING PRAYER/S

Rev. Ian Millican of St. Mark’s Anglican Church, Berowra will be opening the meeting in prayer.

Acknowledgement of RELIGIOUS DIVERSITY

Statement by the Chairperson:

"We recognise our Shire's rich cultural and religious diversity and we acknowledge and pay respect to the beliefs of all members of our community, regardless of creed or faith."

ABORIGINAL RECOGNITION

Statement by the Chairperson:

"We acknowledge we are on the traditional lands of the Darug and Guringai Peoples. We pay our respects to elders past and present."

AUDIO RECORDING OF COUNCIL MEETING

Statement by the Chairperson:

"I advise all present that tonight's meeting is being audio recorded for the purposes of providing a record of public comment at the meeting, supporting the democratic process, broadening knowledge and participation in community affairs, and demonstrating Council’s commitment to openness and accountability. The recordings will be made available on Council’s website once the Minutes have been finalised. All speakers are requested to ensure their comments are relevant to the issue at hand and to refrain from making personal comments or criticisms."

APOLOGIES / LEAVE OF ABSENCE

presentations

declarations of interest

Clause 52 of Council’s Code of Meeting Practice (Section 451 of the Local Government Act, 1993) requires that a councillor or a member of a Council committee who has a pecuniary interest in a matter which is before the Council or committee and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

The Councillor or member of a Council committee must not be present at, or in sight of, the meeting of the Council or committee:

(a) at any time during which the matter is being considered or discussed by the Council or committee.

(b) at any time during which the Council or committee is voting on any question in relation to the matter.

Clause 51A of Council’s Code of Meeting Practice provides that a Councillor, Council officer, or a member of a Council committee who has a non pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable. The disclosure is also to be submitted in writing (on the form titled “Declaration of Interest”).

If the non-pecuniary interest is significant, the Councillor must:

a) remove the source of conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

b) have no involvement in the matter by absenting themself from and not taking part in any debate or voting on the issue as if the provisions of Section 451(2) of the Act apply.

If the non-pecuniary interest is less than significant, the Councillor must provide an explanation of why they consider that the interest does not require further action in the circumstances.

confirmation of minutes

THAT the Minutes of the Ordinary Council Meeting held on 20 April, 2011 be confirmed; a copy having been distributed to all Councillors.

THAT the Minutes of the Workshop Council Meeting held on 27 April, 2011 be confirmed; a copy having been distributed to all Councillors.

Petitions

Mayoral Minutes

Notices of Motion

Rescission Motions

MATTERS OF URGENCY

ITEMS PASSED BY EXCEPTION / CALL FOR SPEAKERS ON AGENDA ITEMS

Note:

Persons wishing to address Council on matters which are on the Agenda are permitted to speak, prior to the item being discussed, and their names will be recorded in the Minutes in respect of that particular item.

Persons wishing to address Council on non agenda matters, are permitted to speak after all items on the agenda in respect of which there is a speaker from the public have been finalised by Council. Their names will be recorded in the Minutes under the heading "Public Forum for Non Agenda Items".

GENERAL BUSINESS

· Items for which there is a Public Forum Speaker

· Public Forum for non agenda items

· Balance of General Business items

General Manager's Division

Page Number

Item 1 GM12/11 Review of Policies and Codes - Community Relations Team

RECOMMENDATION

THAT:

1. The contents of this report be received and noted.

2. Council adopt the proposed amendments and additions to Community Relations’ Policies as outlined in this report and its attachments.

Page Number

Item 2 GM13/11 Outstanding State Government Issues

RECOMMENDATION

THAT:

1. At the proposed Workshop Meeting with the newly-elected State Members, the list of issues outlined in General Manager’s Report No. GM13/11 form the basis of an agenda for clarification, advocacy and discussion and continuing representations in respect of each issue; and

2. Through the Memorandum of Understanding Council invite The Hills Shire Council to join in any continuing representations with respect to the following and any other issues determined by Council:

North West Rail Link

New Line Road/Old Northern Road

Sewerage – Galston, Glenorie and Cowan

South Dural Planning

Financial Viability of Local Government (including rate pegging and cost shifting)

Election funding

Crown Lands

Corporate and Community Division

Page Number

Item 3 CC21/11 Declarations of Pecuniary Interest and Other Matters Returns - Councillors and Designated Persons

RECOMMENDATION

THAT Council note that the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

Page Number

Item 4 CC23/11 March 2011 Quarter Review against Delivery Program 2010-2014 including Operational Plan (Budget) 2010/11

RECOMMENDATION

THAT the March 2011 Quarter Review of the Delivery Program 2010-2014 including the 2010/11 Operational Plan (Budget) be received and noted.

Page Number

Item 5 CC24/11 Social Plan 2010-14 - Service Plan for 2011/12

RECOMMENDATION

THAT the Hornsby Shire Council Social Plan 2010-2014 – draft Service Plan for 2011/12, as attached to Executive Manager’s Report No. CC24/11, be adopted.

Page Number

Item 6 CC25/11 2010/11 Investments and BORROWINGS - period ending March 2011

RECOMMENDATION

THAT the contents of the Executive Manager’s Report No. CC25/11 be received and noted.

Environment Division

Page Number

Item 7 EN11/11 Tree removal at 6 Peppermint Gum Place Westleigh

RECOMMENDATION

THAT Council determine the application to remove one Liquidambar styraciflua (Liquidambar) located at 6 Peppermint Gum Place, Westleigh.

Page Number

Item 8 EN16/11 Leasing of Council Tennis Courts

RECOMMENDATION

THAT:

1. Council authorise the preparation of an Invitation to Tender for the following seven tennis centres:

· Mills Park, Asquith

· Beecroft Village Green

· Berowra (Boundary Road)

· North Epping Oval

· Pennant Hills Park

· Waitara Oval

· Ruddock Park, Westleigh

when the leases expire in June 2011.

2. Council provide in-principle support to the conversion of the tennis centre on Berowra Waters Road, Berowra to multi purpose hard courts for netball/basketball, subject to the confirmation that these courts are being underutilised.

Page Number

Item 9 EN17/11 Parks Capital Works 2010-2011 December Quarter Progress Report

RECOMMENDATION

THAT the contents of Executive Manager's Report No. EN17/11 be received and noted.

Page Number

Item 10 EN18/11 M2 Advertising - Public Interest Benefit

RECOMMENDATION

THAT:

1. Council advise the RTA that it rejects the offer from Manboom of in-kind advertising.

2. Council advise the RTA that it accepts the offer from Manboom of monetary contributions of $30,000 per annum for 13 years until 2024 in accordance with the Executive Manager Environment’s Report No. EN18/11.

Planning Division

Nil

Works Division

Page Number

Item 11 WK20/11 Works Progress Report - March 2011 Quarter - Assets Branch

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. WK20/11 be received and the progress of the 2010/11 Assets Branch Programmes for the March 2011 quarter be noted.

Page Number

Item 12 WK21/11 Re-establishment of Alcohol Free Zone under the Local Government Act, 1993 in the Pennant Hills Commercial Centre

RECOMMENDATION

THAT Council:

1. Adopt the proposal to re-establish an Alcohol Free Zone (AFZ) in the Pennant Hills Commercial Centre for a period of four (4) years in the following areas, excluding approved outdoor dining areas:

· Fisher Avenue (Pennant Hills Rd to the end of Fisher Ave carpark)

· Hillcrest Road (Yarrara Rd to the Police Station at No 12 Hillcrest Rd),

· Ramsay Road (Yarrara Rd to No 4 Ramsay Rd),

· Warne Street (Yarrara Rd to cul de sac including extension into Shields Lane)

· Pennicook Lane (Hillcrest Rd to Ramsay Rd)

· Geeves Lane (Fisher Ave to Hillcrest Rd)

· Fisher Avenue carpark

· Yarrara Road (Pennant Hills Rd to Shields Lane including eastern side at Railway Station & west side area immediately in front of the Library and Community Centre in Yarrara Rd)

· Shields Lane (Yarrara Rd to Willis Ave)

· Wollundry Park (between Ramsay Rd and Warne St)

2. Publish in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned:

· a notice declaring that an alcohol free zone has been established, and

· specify that the alcohol free zone is to commence operation after 7 days from the date of publication, and when the affected area is adequately signposted.

3. Prepare signage:

· declaring that an alcohol free zone has been established, and

· erect signage at the gateways to the Zone, and at suitable intervals within the Zone.

Page Number

Item 13 WK22/11 Works Building Services - Graffiti and Vandalism March 2011 Quarterly Report

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. WK22/11 be received and noted

Page Number

Item 14 WK23/11 Hornsby Overland Flow Study and Draft Flood Planning Maps - Process for Addressing Submissions Received

RECOMMENDATION

THAT Council:

1. Endorse the process for addressing submissions received for the Public Exhibition of the Hornsby Overland Flow Study and the Draft Hornsby Shire Flood Planning Maps as presented in Executive Manager’s Report No. WK23/11.

2. Adopt Criterion c - 5yr ARI without Pipes + Depth => 150mm for the 5m grid size model as a surrogate for the 100yr ARI with Pipes and for an overland flow depth of 150mm to identify Flood Control Lots with High Risk or Hazard when finalising the Flood Planning Maps.

Page Number

Item 15 WK24/11 Engineering Services - Building Capital Works Program 2010/2011 - March 2011 Quarterly Report

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. WK24/11 be received and noted.

Page Number

Item 16 WK25/11 Works Progress Report - March Quarter 2011 - Design and Construction Branch

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. WK 25/11 be received and noted.

Page Number

Item 17 WK27/11 2011/2015 4-Year Rolling Works Improvement Programs

RECOMMENDATION

THAT:

1. Council adopt the 2011/15 4-Year Rolling Local Road and Footpath Improvement Programs presented at Appendix A1 and Appendix B1 respectively in Executive Manager’s Report No. WK27/11 subject to the adoption of the Council’s 2011/12 Budget.

2. Council adopt the 2011/15 4-Year Rolling Local Road and Footpath Improvement Programs with Rate Increase presented at Appendix A2 and Appendix B2 respectively in Executive Manager’s Report No. WK27/11 in the event that Council’s Rate Increase Application is approved.

3. An amount of $25,000 is allocated in the 2011/12 Budget for the Local Road Improvement Program Rural Component to implement the Rural Road Management Plan Long Term Recommendations, Year 8 of 10.

4. An amount of $200,000 is allocated in the 2011/12 Budget for the Local Road Improvement Program Rural Component for the Sealing Unsealed Roads Implementation Program, Year 7 of 10.

Page Number

Item 18 WK29/11 Works Progress Report - March 2011 Quarterly - Traffic and Road Safety Branch

RECOMMENDATION

THAT Council endorse the activities undertaken by the Traffic and Road Safety Branch for the period 1 January 2011 to 31 March 2011.

Page Number

Item 19 WK30/11 Hornsby Quarry and Adjoining Lands

RECOMMENDATION

THAT:

1. The contents of Executive Manager’s Report No. WK30/11 be received and noted.

2. Council proceeds with Stage 2B – Local Plan Making for Contract C28/2009: Hornsby Quarry: Land Filling Approval for the preparation of the planning and environmental approvals necessary to facilitate the filling of the Quarry pit with VENM.

SUPPLEMENTARY AGENDA

CONFIDENTIAL ITEMS

PUBLIC FORUM – NON AGENDA ITEMS

Mayor's Notes

Questions of Which Notice Has Been Given

QUESTIONS WITHOUT NOTICE

General Manager's Report No. GM12/11

General Manager Division

Date of Meeting: 18/05/2011

1 REVIEW OF POLICIES AND CODES - COMMUNITY RELATIONS TEAM

EXECUTIVE SUMMARY

Council’s Policy on the Adoption, Alteration and Review of Policies and Codes states that each Division of Council has a two month period in the first and third year of each term of Council for carrying out a review of all Policies and Codes under their control and recommending any proposed amendments to Council. In accordance with the Policy, a review of the Policies and Codes of the Community Relations team within the General Manager’s Division has now been undertaken and is submitted for Council’s consideration.

PURPOSE/OBJECTIVE

The purpose of this Report is to provide Council with the outcomes of the review conducted in relation to the Policies and Codes of the Community Relations team and to seek Council’s approval of the proposed amendments.

DISCUSSION

The most recent review of all Policies and Codes pertaining to the Community Relations team was conducted in May 2009 (refer report GM7/09) and a review is now due as part of the timetable agreed by ExCo.

Policies and Codes relevant to the Community Relations team are listed in the table below. The column titled ‘Review Status’ indicates whether or not amendments are proposed by staff. Where amendments are proposed, they are shown on the attached copy of each Policy, with deletions shown by ~~strikethrough~~ and additions shown by underlining.

Explanations in respect of the proposed amendments are provided below the table. For the purposes of this Report, minor grammatical changes which do not alter the intent of the policy have not been treated as amendments requiring explanation.

Policy / Code Title	Review Status
Council’s Spokespersons for Media Enquiries	No amendments proposed
Corporate Colours	Amendments proposed
Publications by Council - Visual Presentation	Amendments proposed
Website and Social Media	New Policy
Sponsorship and in-kind Support	Amendments proposed
Public and Community Input	Amendments proposed (minor grammatical)
Sustainable Event Management for Major Council-operated events	Adopted by Council 20 April 2011 (refer Report No GM 11/11). No amendments proposed
Special Event Policy	New Policy

Amendments Proposed:

Policy - Corporate Colours

It is proposed that this Policy be amended to be more comprehensive and reflective of Council’s objectives by elaborating on the purpose of the Policy and including a reference to those places where Council’s logo is expected to be applied to represent Council’s ownership. It is also proposed that a reference to Council’s ‘Corporate Identity Guidelines - A Style Manual for Hornsby Shire Council’ is included to assist with the application of the logo. Furthermore it is proposed to include Council’s approval requirements for the use of Council’s logo as part of the Policy.

Publications by Council - Visual Presentation

It is proposed that this Policy be amended to incorporate two minor changes and the deletion of the forth point. This forth point indicates a requirement of annually produced reports to complement the style and format of the Annual Report and Sustainability Report which Council’s Manager, Community Relations sees as unnecessarily restrictive and contrary to the uniqueness of many of Council’s reports and audiences.

Website and Social Media

The delivery of this policy was referred to and anticipated in the ‘Online Community Engagement - Post Trail Report’ which was adopted by Council in February 2011 (refer Report No. GM2/11).

Sponsorship and in-kind Support

The Manager - Corporate Strategy Branch is supportive of Community Relations taking over this Policy. It is proposed that this Policy be amended to include the in-kind support Council regularly provides to formalise it and gain Council acknowledgement for it where due.

Special Event Policy

This Policy has been developed in response to a noticeable gap in Council’s planning and execution of its minor events and the legal requirements for holding an event for the community.

BUDGET

There are no budgetary implications associated with the preparation of this Report.

POLICY

The contents of this report concern the Policies of Council’s Community Relations team within the General Manager’s Division.

CONSULTATION

The Policies have been reviewed and amendments proposed by the team members of Community Relations and relevant staff of the Administration Services Branch, Financial Services Branch, Engineering Services Branch, Waste Management Services Branch and Community Services Branch.

TRIPLE BOTTOM LINE SUMMARY

As this Report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple bottom Line consideration apply.

RESPONSIBLE OFFICER

This report was prepared by Council’s Manger, Community Relations, Ms Michelle Edmunds, telephone 9847 6702.

RECOMMENDATION

THAT:

1. The contents of this report be received and noted.

2. Council adopt the proposed amendments and additions to Community Relations’ Policies as outlined in this report and its attachments.

Robert Ball

General Manager

General Manager Division

Attachments:

1.View	Policy - Council's Spokespersons for Media Enquiries
2.View	Policy - Corporate Colours
3.View	Policy - Publications by Council - Visual Presentation
4.View	Policy - Website and Social Media
5.View	Policy - Sponsorship - Council's Involvement
6.View	Policy - Public and Community Input
7.View	Policy - Special Event

File Reference: F2004/07027

Document Number: D01659259

General Manager's Report No. GM13/11

General Manager Division

Date of Meeting: 18/05/2011

2 OUTSTANDING STATE GOVERNMENT ISSUES

EXECUTIVE SUMMARY

Council at its Ordinary Meeting held on 20 April 2011, resolved that the General Manager submit a report outlining matters affecting Hornsby Shire which were raised with the former NSW State Government and still require attention, with the intention of making further representations to the newly-elected Government.

A review of outstanding issues has been undertaken and the following is considered to be a list of outstanding State issues:

1. F3 to M2 link

2. Hornsby Hospital

3. North west rail link

4. New Line Road/Old Northern Road

5. Sewerage – Galston, Glenorie and Cowan

6. Hornsby Quarry (fill from State projects)

7. Hornsby Quarry Acquisition

a. State contribution

b. Change of legislation (EP&A Act)

8. Housing Strategy

9. South Dural Planning

10. SEPP (Affordable Rental Housing) 2009

11. NSW Liquor Laws

12. George Street Pedestrian Overbridge

13. Financial Viability of Local Government (including rate pegging and cost shifting)

14. Election funding

15. Commuter Parking

16. Crown Lands

17. Berowra Station Carpark lands

A short commentary on each issue is provided with an indication of what further action Council should pursue. A number of other issues are listed for general consideration including the following:

Part 3A Developments

Joint Regional Planning Panels

S94 Developer Contributions

Dural Service Centre

Seniors Living and Places of Worship in Rural Zones

Cars with trailers in Galston Gorge

Status of Berowra Waters Road

Rating of jointly owned jetties

It is recommended that Council, at the proposed Workshop Meeting with the newly-elected State Members, utilize the list of issues as the basis of an agenda for the workshop and following the workshop invite The Hills Shire Council to join in any continuing representations in respect of specific issues.

PURPOSE/OBJECTIVE

To respond to Council’s resolution made at its Ordinary Meeting held on 20 April 2011 that the General Manager submit a report to the next Ordinary Meeting of Council outlining matters affecting Hornsby Shire which were raised with the former NSW State Government and still require attention, with the intention of making further representations to the newly-elected Government”

DISCUSSION

Council at its Ordinary Meeting held on 20 April 2011, adopted a Notice of Motion submitted by Councillor Smart:

“THAT the General Manager submit a report to the next Ordinary Meeting of Council outlining matters affecting Hornsby Shire which were raised with the former NSW State Government that still require attention, with the intention of making further representations to the newly-elected Government”

Within the time available a review of outstanding issues has been undertaken and the following is considered to be a list of outstanding State issues:

1. F3 to M2 link

2. Hornsby Hospital

3. North west rail link

4. New Line Road/Old Northern Road

5. Sewerage – Galston, Glenorie and Cowan

6. Hornsby Quarry (fill from State projects)

7. Hornsby Quarry Acquisition

a. State contribution

b. Change of legislation (EP&A Act)

8. Housing Strategy

9. South Dural Planning

10. SEPP (Affordable Rental Housing) 2009

11. NSW Liquor Laws

12. George Street Pedestrian Overbridge

13. Financial Viability of Local Government (including rate pegging and cost shifting)

14. Election funding

15. Commuter Parking

16. Crown Lands

17. Berowra Station Carpark lands

1. F3 to M2 link

Council has supported the construction of the F3 to M2 link generally along the Type A corridor – purple option, which is the tunnel under Pennant Hills Road with a Type C, western corridor link being considered at a later stage. The State government was requested to commence the necessary environmental assessment at the earliest possible time.

It is Council’s understanding that Federal funds are available for the commencement of planning for the link but supplementary funds are required from the State.

The latest advice from the Roads and Transport Authority, dated 9 Feb 2011, on behalf of the previous State Transport Minister stated:

Council’s position should remain unchanged.

2. Hornsby Hospital

The medical staff at Hornsby Hospital have described the hospital’s older buildings as being “in the direst physical state” with “Florence Nightingale-style wards where 20 people sitting staring at each other, with no dignity.”

It is claimed that there are issues with infection control, poor layout, termite and possum damage and it is unpleasant to be a patient there or to work there.

There have been numerous plans and promises, dating back to before 1990, for the entire hospital to be rebuilt. While new paediatric and emergency areas opened in 2007, older areas are “a disgrace”. 80 per cent of the hospital needs to be demolished and rebuilt at an estimated cost of about $150 million.

During the election campaign $50M was promised but this was debated as being inadequate to address the deplorable state of the hospital’s facilities.

The Council should continue its support for the rebuilding of Hornsby Hospital.

3. North West Rail Link

Council supports the construction of the North West Rail Link (NWRL) as currently proposed by Transport Construction Authority (TCA) connecting to the existing network at Epping (green alignment). Council has also requested that the State consider amending the route to include a station under Carlingford Court. Some concern was expressed in relation to the above ground development at the Franklin Road Station.

The north-west link is already listed by the federal funding body Infrastructure Australia as a priority but still classified as a category four project. This means Infrastructure Australia considers it a worthy project but needs to see a detailed proposal before approving it for federal funds. (SMH 15 April 2011). The Parramatta - Epping link is being promoted by some as having greater priority and has received a commitment of Federal funds.

Council should thank the newly elected State government for making the delivery of the NWRL a high priority but urge the government to prepare a detailed proposal to enable inclusion of the project in the 2014-2015 Infrastructure Australia project roll out.

4. New Line Road/Old Northern Road

Council seeks the construction of New Line Road between Purchase Road, Cherrybrook and Old Northern Road, Dural to four lane divided carriageway standard. Traffic signals to be provided at Shepherds Drive and at Sebastian Drive. Improvements that acknowledge use of this route as a public transport route and to allow safe crossing of Boundary Road between Shepherds Drive and the existing pedestrian lights near Lois Lane are also required.

A letter dated 18 February 2010 from the previous Minister for Transport indicates that the upgrade of New Line Road and Old Northern Road is no longer a priority. Council should re-iterate its position that a route development strategy for the length of this route (with funding to address the above issues) is required urgently.

Council should represent its views for a route development strategy to achieve the route upgraded to four lane standard as described above; seek a commitment to have the County/New Line roundabout signalised; and signalised pedestrian crossings be provided across New Line Road between County Drive and Boundary Road and across Boundary Road between Cedarwood Drive and Lee Road to enable pedestrians to access recently improved bus services. At a later date, signals to be provided at the intersection of New Line Road with Sebastian Drive.

5. Sewerage – Galston, Glenorie and Cowan

Council has for some time made representations to the State Government for the provision of sewerage facilities to the areas of Galston, Glenorie and Cowan. NSW Liberal Party platform announced during the election campaign included a promise to sewer Cowan by 2013-14 and Galston and Glenorie by 2014-15.

The NSW Liberal and National Party platform which can be found on

http://www.nsw.liberal.org.au/policies/housing-and-planning/sewerage-connections.html indicates:

Community/ Village	Approximate Households	Expected Delivery Year	New Delivery Year
Cowan	230	2014-15	2013-14
Galston	335	2016-17	2014-15
Glenorie	300	2016-17	2014-15

Council has written letters to Minister Pearce (April 2011) and local members asking for a meeting with Sydney Water to confirm the above and identify actions to expedite delivery of sewerage services.

The issue for Council would appear to be to decide its view on the extent of the area to be included for sewering at Galston and Glenorie.

6. Hornsby Quarry (fill from State projects)

Council has resolved to fill the quarry pit with VENM, and has engaged a consultant, Cardno, to prepare the necessary submissions to seek approval for the project. The use of the site for the deposit of surplus fill from major state infrastructure projects (e.g. NWRLink, M2 – F3 link) is seen as a valuable opportunity for this to assist.

Council has written to the RTA and Transport Construction Authority (TCA) seeking support for the potential use of the quarry as an appropriate site for the disposal of excess spoil (VENM). Both the RTA and TCA, without making any firm commitments, have responded favourably. Council’s request that the project be considered under Part 3A of the EP&A Act has been refused, and Council will be formally advised to this effect in the near future. Council will need to prepare a planning proposal to enable the filling of the quarry pit.

Council should continue to progress the matter as currently resolved, and seek Government support for the use of the site as described above

7. Hornsby Quarry Acquisition

- a) State contribution

Following the forced acquisition by Council of the Hornsby Quarry, Council made representations to the then State Government for a Grant towards the cost of acquisition. A response was received from the Department of Planning indicating that the Regional Open Space Fund operated by the Department had insufficient funds to meet State Government obligations and therefore no funds were available to assist Council with acquisition costs.

Under the circumstances, Council pursued full funding of the acquisition costs from internal liquid funds and borrowings; the latter of which is being repaid through the Hornsby Quarry Loan Rate.

Council should reopen the request for the State to contribute towards this acquisition of Regional Open Space.

- b) Change of legislation (EP&A Act)

In 2006, the Labor State Government introduced the Environmental Planning and Assessment Amendment (Reserved Land Acquisition) Bill to change the procedure by which a person whose land had been reserved for use exclusively for a public purpose by an environmental planning instrument under the Environmental Planning and Assessment Act 1979 (EP&A Act) may require the land to be acquired by a public authority. At that time, land owners could choose to have their land acquired under the terms of the environmental planning instrument that reserved their land or in accordance with the Land Acquisition (Just Terms Compensation) Act 1991. Under the amended provisions, the single procedure was to be the owner-initiated acquisition request provisions of the Land Acquisition (Just Terms Compensation) Act 1991, which applied where an owner would suffer hardship if there was a delay in acquisition of land by the relevant public authority.

Hansard shows that the then Opposition both argued and voted against this Bill. The Bill had been introduced following representations by Council, supported by NSROC and the Local Government Association. Council should ensure that there is no consideration given by the State Government to a return to the earlier provisions of the EP&A Act.

In addition Council had made representations requesting the Land Acquisition (Just Terms Compensation) Act 1991 be amended to permit a resuming authority to have the right of appeal on merit in respect of a valuation by the Valuer General prepared for resumption purposes. This request was not supported and Council should make further representations as such an amendment had been recommended for introduction in a judgement of the Supreme Court of New South Wales (Court of Appeal) Gosford City Council v Valuer General 1996 90 LGERA 413 @ pp422-3.

8. Housing Strategy

At its July 2010 Planning Meeting, Council resolved to forward the Hornsby Housing Strategy to the Minister for Planning for gazettal. At its April 2011 Planning Meeting, Council resolved to request that the Minister for Planning defer consideration of the Housing Strategy to allow Council and the Department of Planning to prepare an amended Housing Strategy.

Council to date, has not received a reply from the Minister for Planning.

9. South Dural Planning

In 2009 and 2011, Council wrote to the Minister for Planning expressing Council's support for the NSW Government's investigations into the rezoning of South Dural for urban purposes.

The Department of Planning to date has advised Council that the NSW Government will investigate South Dural in accordance with its Metropolitan Development Plan guidelines under the Metropolitan Strategy.

10. SEPP (Affordable Rental Housing) 2009

At its December 2010 Planning Meeting, Council resolved to write to the Minister for Planning asking that the NSW Government repeal the SEPP. The Department of Planning has advised Council that it will consider this request as part of its review of the SEPP.

11. NSW Liquor Laws

At its March 2011 Planning Meeting, Council resolved to write to the Minister for Liquor and Gaming expressing its objection to the liberalisation of liquor laws. Council has not received a reply from the Minister.

12. George Street Pedestrian Overbridge

The George Street pedestrian overbridge is in a dilapidated state; has insufficient capacity; and does not meet accessibility standards. Council has agreed that that the bridge should be replaced. As it crosses a State Road, and also provides access to a major rail station, Council, supported by the community, considers that the State should contribute to the cost of replacement and has proposed a three way funding arrangement.

The cost of a replacement structure has been tentatively estimated at $3 Million, with Council’s share to be funded from the proposed rate variation. Council also considers that future maintenance of the structure should be the responsibility of the RTA as it spans a State Road. Consultation with the RTA and RailCorp regarding financial assistance towards a replacement structure should be pursued when the outcome of the rate increase is known.

13. Improved Financial Viability of Local Government (including rate pegging and

cost shifting)

In the lead up to the recent NSW election, the Local Government and Shires Associations (LGSA) produced a document which outlined local government's election priorities for 2011. The document, which was provided to all parties contesting the election, explained the issues of significance for councils and the communities they represent, and the LGSA’s proposed solutions. Those issues were improved local government financial viability; restoring the balance to land use planning; stronger support for communities; greater natural environment protection; enhanced infrastructure provision and maintenance; and better local governance.

In respect of the first issue of improving local government financial viability (which is an issue that Council had made representations to State Government in the past), the LGSA requested that an incoming NSW Government:

· Abolish rate pegging.

· Cease the practice of cost shifting and enact legislation that requires Local Government’s agreement to take on additional responsibilities. If taken on, provide corresponding funding or allow adequate revenue raising capacity.

· Provide $6 million to improve Local Government’s capacity to undertake financial planning and asset management to support Community Strategic Planning.

· Implement a broad based property levy for funding emergency services. If a broad based property levy is rejected, allow councils to recover their contribution through a corresponding increase in their council rates.

· Introduce competition, transparency and accountability, in providing and costing energy for general electricity and street lighting.

· Allocate a share of mining royalties to Local Government through a system that provides funding to all councils, with additional funding for councils impacted by the mining industry.

In response to the above, the following response had been received from the NSW Liberals and Nationals prior to the election:

“The NSW Liberals & Nationals has announced its intention to undertake a full review of Local Government finances. The review will be conducted in consultation with Local Governments and the LGSA. We are keen to work in partnership with Local Government and end the rampant cost-shifting which has been the hallmark of successive Labor Governments. The only way to do this is by treating Local Government as a partner, rather than a neglected poor cousin.

The NSW Liberals & Nationals will introduce a range of measures to help Local Government improve their financial planning abilities to be introduced in consultation with Local Governments and the LGSA. In relation to a broad based property levy for funding emergency services, the NSW Liberals & Nationals will sit down with all stakeholders to review funding arrangements for emergency services while ensuring their funding streams are protected – unlike the Keneally Labor Government’s botched the pre-Christmas bushfire levy on councils.

In relation to energy, a NSW Liberals & Nationals Government will establish a Special Commission of Inquiry into Labor’s sale in order to get to the bottom of Labor’s mess. With powers similar to a Royal Commission it will call for documents and public submissions, hold hearings and cross-examine witnesses under oath. It will be tabled in Parliament and will determine the best way forward for NSW. NSW Liberals & Nationals will keep the 'poles and wires' in public hands.”

14. Election Funding (F2007/01492)

Council has made various representations about the NSW Electoral Commission's (NSWEC) 2007 decision to seek "full cost recovery" in respect of the 2008 and future local government elections. This decision has had a major impact on Council's finances since that time through the need for Council to set aside significantly increased funds (about double or $100,000) each year to provide for the payment of Council's election costs.

The representations made by Council have included the submission of a motion for consideration at the 2007 Local Government Association Conference; effectively a forerunner to Council making a submission to the Joint Standing Committee on Electoral Matters (JSCEM) in respect of the Inquiry into the 2008 Local Government Elections.

Following its consideration of submissions, the JSCEM released a report in June 2010 which covered 16 key recommendations. The full report is available for viewing on the NSW Parliament's website. A letter from the NSWEC outlining the key recommendations is available in TRIM Folder No F2007/01492 as Document No D01446184.

Some of the recommendations are administration matters which the NSWEC has advised it intends to work through with councils, including the provision of an early estimate of the cost for the 2012 local government elections. In respect of policy matters, which includes a recommendation that councils be given a choice to have their elections held as universal postal ballots, the NSWEC has advised that these are matters for the Government.

The NSWEC has also advised that following the NSW State elections, it will make arrangements with General Managers for a meeting to outline the approach that it will be taking to deliver the 2012 local government elections. No advice has yet been received from the NSWEC about when this will occur.

15. Commuter Parking

Council has resolved that no additional all-day ‘rail or bus commuter parking areas’ should be provided by Council. Council however is prepared to investigate opportunities to provide additional commuter car parking where appropriate, funded by State Government, at rail stations.

Previous plans for a transport interchange and associated parking on the eastern side of Hornsby Station are known to Council, but Council is unaware of their current status. The Epping Town Centre Study, funded by the Department of Planning, Hornsby and Parramatta Councils, considers traffic and parking issues in the town centre, but does not specifically address commuter parking. Staff are unaware of any other proposals.

Council should continue to request the State Government to advise of its intentions regarding the future provision of commuter parking at rail stations in the Shire.

16. Crown Lands

Council has raised concerns that current legislation does not allow councils to decline appointment as a reserve trust manager. It has also raised concerns with the requirement of reserve trust managers to remit to the State 15% of annual rental collected by the reserve trust. The explanation provided for the re-introduction of the levy was as a contribution to the Public Reserves Management Fund (PRMF). Prior to 1999 Treasury funding was paid into the PRMF. The levy was imposed to replace the withdrawal of Treasury funding and is a classic example of the continuing reliance being placed on cost shifting from higher orders of government to councils.

No consideration was given to the ability of councils to replace the shortfall created by the levy with a local authority’s own funds or the ability of local government to fund such an additional financial burden. Hornsby Shire Council, like many other local government authorities in New South Wales, does not make a surplus from the care, control and management of a crown reserve or all the crown reserves within the shire.

In addition to the above the Land and Property Management Authority adopted a practice during 2010 of retaining all income received from the lease/acquisition of crown reserves. In 2010 this amounted to in excess of $600K despite assurances that Council would receive a portion of these proceeds.

The above actions amount to little more than cost shifting. Council should continue to raise its concerns about the above practices and request the removal of the levies and permit councils to decline appointment as a reserve trust manager or vest agreed crown reserves in councils in fee simple pursuant to s 75 of the Crown Lands Act.

17. Berowra Station Carpark lands

A commuter car park has recently been constructed at Berowra Rail Station. The land on which the car park is located (formerly public road, east side, Pacific Highway) was resumed by the State following action by the Transport Construction Authority that effectively removed the liability of that Authority to pay compensation to Council for its acquisition. No compensation, apart from the reimbursement of some of Council’s costs, has been paid.

On 22 October 2009 Council issued a claim for compensation totalling $587,375, including a market value of the land of $578,500, as entitled by legislation. On 27 October 2009 the then NSW Treasurer, Eric Roozendaal signed a s.20F agreement (also signed by the Minister for Transport David Campbell) , declaring the acquiring authority (TIDC) to now represent the Crown; effectively using other legislation (Roads Act 1993) to deny Council's entitlement to compensation for the land acquired. The same day the Governor declared (by notice in the Government Gazette), the land to be acquired by TIDC from Council, thereby vesting the ownership immediately with TIDC. Council had an asset worth $578,500 taken by the State.

Council has raised the matter of compensation for the land acquired by the State without success. Council should pursue compensation for the land so acquired in accordance with the principles embodied in the Land Acquisition (Just Terms Compensation) Act.

Other Issues

There are a number of other issues where Council has either not formally expressed a position or where the former State government has advised Council of its determination and they are technically not outstanding. These issues include the following:

Part 3A Developments

Joint Regional Planning Panels

S94 Developer Contributions

Dural Service Centre

Seniors Living and Places of Worship in Rural Zones

Cars with trailers in Galston Gorge

Status of Berowra Waters Road

Rating of jointly owned jetties

Council may wish to include these issues for general consideration.

Conclusion

Council at its Ordinary Meeting held on Wednesday 20 April 2011 considered Notice Of Motion 5/11 - Workshop Meeting with Newly-Elected State Member resolved that the Mayor write to all State Members, who represent the Hornsby Shire, requesting they attend a workshop session within the next eight weeks with all Councillors, the General Manager and relevant Managers to run them through the issues and seek a good working relationship to assist the people of Hornsby over the next four years. It would be appropriate at the proposed Workshop Meeting with the newly-elected State Members to utilize the list of previously outlined issues as the basis of an agenda for clarification, advocacy and discussion. It may also be appropriate in respect of some issues, following the workshop, to invite The Hills Shire Council to join in any continuing representations.

BUDGET

There are no budgetary implications.

POLICY

There are no policy implications.

CONSULTATION

There has been consultation with all the Executive Managers in the preparation of this Report.

TRIPLE BOTTOM LINE SUMMARY

As this Report provides Council with information, it is considered that no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The General Manager, Mr Robert Ball.

RECOMMENDATION

THAT:

2. Through the Memorandum of Understanding Council invite The Hills Shire Council to join in any continuing representations with respect to the following and any other issues determined by Council:

North West Rail Link

New Line Road/Old Northern Road

Sewerage – Galston, Glenorie and Cowan

South Dural Planning

Financial Viability of Local Government (including rate pegging and cost shifting)

Election funding

Crown Lands

Robert Ball

General Manager

General Manager Division

Attachments:

There are no attachments for this report.

File Reference: F2004/07217

Document Number: D01659491

Executive Manager's Report No. CC21/11

Corporate and Community Division

Date of Meeting: 18/05/2011

3 DECLARATIONS OF PECUNIARY INTEREST AND OTHER MATTERS RETURNS - COUNCILLORS AND DESIGNATED PERSONS

EXECUTIVE SUMMARY

Section 449 of the Local Government Act (the Act) details the statutory requirements in respect of the lodgement of Disclosure of Pecuniary Interests and Other Matters Return/s by Councillors and Designated Persons. Section 450A(2) of the Act details the reporting requirements associated with the lodgement of such Returns.

In accordance with those Sections of the Act, this Report provides information regarding the Return/s recently lodged with the General Manager. It is recommended that Council note that the Disclosure of Pecuniary Interests and Other Matters Return/s lodged with the General Manager have been tabled in accordance with the requirements of the Act.

PURPOSE/OBJECTIVE

The purpose of this Report is to table the Disclosure of Pecuniary Interests and Other Matters Return/s lodged by Councillors/Designated Persons who have left, commenced with, or internally transferred to a relevant position within Council.

DISCUSSION

Section 449(1) of the Act requires a Councillor or Designated Person to complete and lodge with the General Manager a Disclosure of Pecuniary Interests and Other Matters Return within three months after becoming a Councillor or a Designated Person. Section 449(3) requires a Councillor or Designated Person holding that position at 30 June in any year to complete and lodge with the General Manager a Return within three months after that date. Section 449(5) states that nothing prevents a Councillor or Designated Person from lodging more than one Return in any year.

Section 450A(2) of the Act requires that Returns lodged under Section 449 are to be tabled at a meeting of Council. Returns lodged under Sections 449(1) and 449(3) are to be tabled at the first meeting held after the last day for lodgement under those Sections; and Returns lodged for any other reason are to be tabled at the first meeting after their lodgement.

Council's procedures in respect of the disclosing of interests have been developed to cater for the election/appointment/employment/retirement/resignation/etc of Councillors or Designated Persons. These procedures:

• require all Councillors and Designated Persons who hold that position at 30 June in any year to submit Returns to the General Manager by 30 September in that year (i.e. they are lodged under S449(3)). These Returns are tabled at the October Ordinary Meeting of Council in that year;

• require newly elected Councillors or newly appointed Designated Persons to lodge Returns to the General Manager within three months of their election/appointment (i.e. they are lodged under S449(1). These Returns are tabled at the next available Ordinary Meeting of Council; and

• require those Councillors or Designated Persons who are leaving Council (because of retirement, resignation, etc) to lodge Returns to the General Manager by their last day with Council. These Returns are tabled at the next available Ordinary Meeting of Council.

Returns lodged in accordance with Section 449(1) and/or 449(5) of the Local Government Act and Council's Procedures

Council last considered the tabling of Disclosure of Pecuniary Interests and Other Matters Returns at the Ordinary Meeting held on 20 April 2011 (see Report No. CC19/11). Since that time, two additional Returns have been lodged with the General Manager and are now tabled as required by the Local Government Act.

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
8/04/2011	Temporary Town Planner	Internal transfer
12/04/2011	Temporary Environmental Health & Building Surveyor. Building Certifications	Internal transfer

BUDGET

There are no budgetary implications associated with this Report.

POLICY

There are no policy implications associated with this Report.

CONSULTATION

Consultation has occurred with those required to complete a Disclosure of Pecuniary Interests and Other Matters Return.

TRIPLE BOTTOM LINE SUMMARY

As this Report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is Council's Senior Access to Information Officer – Stephen Waller who can be contacted on 9847 6749.

RECOMMENDATION

THAT Council note that the Disclosure of Pecuniary Interests and Other Matters Returns recently lodged with the General Manager have been tabled as required by the Local Government Act.

Scott Allen

Risk & Insurance Manager - Risk & Insurance

Corporate and Community Division

Robyn Abicair

Manager - Administration Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

There are no attachments for this report.

File Reference: F2010/00368

Document Number: D01647732

Executive Manager's Report No. CC23/11

Corporate and Community Division

Date of Meeting: 18/05/2011

4 MARCH 2011 QUARTER REVIEW AGAINST DELIVERY PROGRAM 2010-2014 INCLUDING OPERATIONAL PLAN (BUDGET) 2010/11

EXECUTIVE SUMMARY

Accountable organisations like Council review their budget and operational performance each quarter. In this regard, the March 2011 Quarter Review of the Delivery Program 2010 – 2014, including the Operational Plan (Budget) for 2010/11 is attached.

The 2010/11 Original Budget forecast a deficit at 30 June 2011 of $802K. The September 2010 Quarter Budget Review resulted in positive budget changes totalling $813K, whilst the December 2010 Review recommended no budget changes. The March 2011 Quarter Budget Review recommends negative changes of $219K thus amending the forecasted Budget result at year end to a $207K Budget deficit. The projected Budget deficit is a liquidity based result which is not satisfactory in respect of movement in net available working funds for this financial year.

The operational performance of the organisation has been in line with the service delivery standards adopted by Council as demonstrated in the attached graphs.

PURPOSE/OBJECTIVE

The purpose of this Report is to present for Council’s consideration the March 2011 Quarter Review of the Delivery Program 2010 – 2014, including the Operational Plan (Budget) for 2010/11.

DISCUSSION

Operational comment

On 10 June 2010, Council adopted its 2010 – 2014 Delivery Program which sets out the manner in which Council intends to align its business goals with its intent of "creating a living environment" and is divided into the following five elements:

· Governance

· Ecology

· Economy

· Society and culture

· Human Habitat

The attached graphs demonstrate satisfactory operational performance in the period to the end of the March 2011 Quarter.

Budget comment

This Review includes the first, second and third quarter results for 2010/11, comparing actual expenditure and income against the budget for the same period.

The Net Operating and Capital result after internal funding movements shows a favourable variance of $3.05 million as compared to the March 2011 Quarter Budget. This variance has largely been the result of the timing differences of project related works and the initial phasing of the 2010/11 Budget.

The 2010/11 Original Budget forecast a deficit at 30 June 2011 of $802K.

The September 2010 Quarter Budget Review resulted in the following positive budget changes totalling $813K:

· -$150K – Reduction in net costs associated with Aquatic Centre operations

· -$123K – Reduction in labour related costs

· -$260K – Increase interest on investment returns

· -$345K – Increase in Financial Assistance Grant income

· -$190K – Reduction in Internal Loan repayments - Loan being paid off in 2009/10

· +$150K – Increase in costs (above CPI) associated with NSW Fire Brigade and State Emergency Service contributions

· +$105K – Increases in other costs

The December 2010 Quarter Budget Review recommended no further net changes to the 2010/11 Budget. There were, however, contra budget changes which recognised revenue received from legal recoveries set aside into the Hornsby Quarry Restricted Asset.

The 2011 March Quarter Budget Review recommends the following negative changes of $219K:

· $80K – Parks Greenway Oval Lighting

· $71K – Increased contribution to RFS

· $35K – Additional security and road repair costs associated with Quarry

· $140K – Reduced income and decommissioning costs for Hornsby Aquatic Centre

· $140K – Reduced income for Westleigh Pre-school – Council resolved to continue with operation

· -$153K – Release of internally restricted assets

· -$94K – Reduced operational expenditure

Based on inflows and outflows of funds, the forecast budget result at 30 June 2011 is a deficit of $207K. The projected Budget deficit is liquidity based result and is not satisfactory in respect of movement in net available working funds for this financial year.

It is noted that the General Manager has asked each Division to review their expenditure and revenue budgets in subsequent quarterly reviews, having regard to the provision of reasonable service levels and community expectations, in an attempt to identify funds which can be allocated towards restoring Council’s 2010/11 budget to a break even position.

BUDGET

This Report provides the March 2011 Quarterly Review of the 2010/11 Operational Plan (Budget).

POLICY

There are no specific policy implications associated with this Report.

CONSULTATION

All Divisions and appropriate staff have had input into the March 2011 Quarterly Review process.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council's decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council's strategic themes.

As this report does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The officers responsible for preparation of this Report are Julie Williams - Manager, Corporate Strategy and Glen Magus - Manager, Financial Services. They can be contacted on 9847-6790 and 9847-6635 respectively.

RECOMMENDATION

THAT the March 2011 Quarter Review of the Delivery Program 2010-2014 including the 2010/11 Operational Plan (Budget) be received and noted.

Gary Bensley

Executive Manager

Corporate and Community Division

Robert Ball

General Manager

General Manager Division

Attachments:

1.View

3rd Quarter Review March 2011

Included under separate cover

File Reference: F2009/00617

Document Number: D01652362

Executive Manager's Report No. CC25/11

Corporate and Community Division

Date of Meeting: 18/05/2011

6 2010/11 INVESTMENTS AND BORROWINGS - PERIOD ENDING MARCH 2011

EXECUTIVE SUMMARY

Council is provided with a monthly report summarising current general economic conditions which may have an impact on investment returns. The report includes schedules detailing Council's investments and borrowings and highlights the monthly and year to date performance of the investments. In this regard, investments are generally held for the medium to long term.

This Report indicates that the total investment income for the period ending March 2011 was $1,518,000 compared to the revised budgeted income for the same period of $1,179,000. Of the investment income earned, 35% relates to externally restricted funds (such as those collected under Section 94 of the Environmental Planning and Assessment Act), and is required to be allocated to those funds.

PURPOSE/OBJECTIVE

The purpose of this Report is to advise Council of funds invested in accordance with Section 625 of the Local Government Act; and details as required by Clause 212(1) of the Local Government (General) Regulation 2005 and Council's Investment of Surplus Funds Policy (which was last reviewed by Council at its 20 April 2011 Ordinary Meeting).

DISCUSSION

Council's Investment Performance – March 2011

· The At-Call and Term Deposits achieved an annualised return of 5.99% for the month compared to the benchmark of 4.75%

· NSW T-Corp Long Term Growth Facility achieved a marked to market annualised return of -0.53% for the month compared to the benchmark of -1.05%. This fund has a 70% allocation to growth assets. Short term performance is expected to be volatile and the investment should be viewed over the longer term.

· Floating Rate Notes (FRNs) are bonds that have a variable coupon equal to a money market reference rate. This FRN investment achieved an annualised return of 7.01% for the month compared to the benchmark of 5.04%. The current market value for this investment as at 31 March 2011 is $2.015 million.

· The Capital Guaranteed Notes achieved an annualised return of 0% for the month compared to the benchmark of 5.04%. No interest will be accrued for the remaining life of the securities. The current market value for this investment category as at 31 March 2011 is $3.401 million.

For total investments, the annualised return for March 2011 was 5.17% compared to the benchmark of 4.62%. It is noted that for the 2010/11 year to date, the annualised return is 5.31% compared to the benchmark of 5.01%.

Economic Commentary

Statement by Glenn Stevens, Governor: Monetary Policy Decision - Media Release 5 April 2011

At its meeting today, the Board decided to leave the cash rate unchanged at 4.75 per cent.

The global economy is continuing its expansion, led by very strong growth in the Asian region. The recent disaster in Japan will have a noticeable effect on Japanese production in the near term, although the impact on the broader Asian region is expected to be limited. Commodity prices, including oil prices, have risen over recent months, pushing up measures of consumer price inflation in many countries. A number of countries have been moving to tighten their monetary policy settings. Overall, though, financial conditions for the global economy remain accommodative.

Australia's terms of trade are at their highest level since the early 1950s and national income is growing strongly. Private investment is picking up, mainly in the resources sector, in response to high levels of commodity prices. In the household sector thus far, in contrast, there continues to be caution in spending and borrowing, and a higher rate of saving out of current income. The natural disasters over the summer have reduced output and the resumption of coal production in flooded mines is taking longer than initially expected. Production levels should, however, recover over the months ahead, and there will be a mild boost to demand from the rebuilding efforts as they get under way.

Asset values have generally been little changed over recent months and overall credit growth remains quite subdued, notwithstanding evidence of some greater willingness to lend. Business balance sheets generally are being strengthened, and the run‑up in household leverage has abated.

Growth in employment has moderated over recent months and the unemployment rate has held steady at 5 per cent. Most leading indicators suggest further growth in employment, though most likely at a slower pace than in 2010. Reports of skills shortages remain confined, at this point, to the resources and related sectors. After the significant decline in 2009, growth in wages has returned to rates seen prior to the downturn.

Inflation is consistent with the medium-term objective of monetary policy, having declined significantly from its peak in 2008. These moderate outcomes are being assisted by the high level of the exchange rate, the earlier decline in wages growth and strong competition in some key markets, which have worked to offset large rises in utilities prices. Production losses due to weather are temporarily raising prices for some agricultural produce, which will boost the March quarter CPI, but these prices should fall back later in the year. Overall, looking through these temporary effects, the Bank expects that inflation over the year ahead will continue to be consistent with the 2–3 per cent target.

At today's meeting, the Board judged that the current mildly restrictive stance of monetary policy remained appropriate in view of the general macroeconomic outlook.

Borrowings

In respect of borrowings, the weighted average interest rate payable on loans taken out from 2001 to 2010, based on the principal balances outstanding, is 6.81%. The Borrowings Schedule as at 31 March 2011 is attached for Council’s information.

BUDGET

Total investment income for the period ending March 2011 was $1,518,000. The revised budgeted income for the same period was $1,179,000. Of the total variance $339,000, $210,000 relates to the recovery of the previously written down fair value of the CDO’s and Capital Guaranteed Notes which were sold or matured during this financial year. Approximately 35% of the investment income relates to external restrictions (Section 94) and is, therefore, restricted.

POLICY

All investments have been made in accordance with the Local Government Act, the Local Government (General) Regulation 2005 and Council's Investment of Surplus Funds Policy.

CONSULTATION

Initial investments and reallocation of funds are made, where appropriate, after consultation with Council's financial investment adviser and fund managers.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line is a framework for improving Council decisions by ensuring accountability and transparency on social, environmental and economic factors. It does this by reporting upon Council's strategic themes. As this Report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is the Manager, Financial Services - Glen Magus. He can be contacted on 9847 6635.

RECOMMENDATION

THAT the contents of the Executive Manager’s Report No. CC25/11 be received and noted.

Glen Magus

Manager - Financial Services

Corporate and Community Division

Gary Bensley

Executive Manager

Corporate and Community Division

Attachments:

1.View	HSC Investment Portfolio as at 31 March 2011
2.View	HSC Borrowings Schedule as at 31 March 2011

File Reference: F2004/06987

Document Number: D01657717

Executive Manager's Report No. EN16/11

Environment Division

Date of Meeting: 18/05/2011

8 LEASING OF COUNCIL TENNIS COURTS

EXECUTIVE SUMMARY

Report No. EN6/11 was prepared for the 20 April 2011 Council meeting. It was resolved that consideration of this matter be deferred to allow Councillor/s the opportunity to discuss the matter with tennis court lessee/s.

It is understood that the chief reason for the deferral was a representation made by the lessee of the courts at Grant Close, West Epping. This is discussed further below. To enable the future management of the remaining tennis centres to be resolved, it is proposed to proceed with a call for expressions of interest for the leasing of these tennis courts (excluding Grant Close) to be invited as soon as possible.

Accordingly, the report canvasses options for nine tennis centres on public land where leases are due to expire in the near future. The report proposes that the two courts on Berowra Waters Road, Berowra be converted to netball/basketball courts to address supply shortfalls.

There is an apparent under investment in asset management at each of the nominated tennis centres. It is recommended that future leases include a provision which requires a suitable proportion of the income generated from the facilities to be directed to the proper management of the existing assets.

PURPOSE/OBJECTIVE

Of Council’s 18 tennis centres, nine have leases that expire on 30 June 2011. This report recommends that Council prepare an Invitation to Lease for seven of these tennis centres.

Leases expire at tennis centres at:

· Mills Park, Asquith

· Beecroft Village Green, Beecroft

· Berowra (Berowra Waters Road)

· Berowra (Boundary Road)

· Grant Close, West Epping

· North Epping Oval

· Pennant Hills Park

· Waitara Oval

· Ruddock Park Westleigh.

The report recommends converting the Berowra Waters Road courts to multi purpose netball/basketball courts like those at Greenway Park, Cherrybrook.

DISCUSSION

Background

In June 1991, Council signed leases in respect of a number of its tennis court complexes for a term of ten years, with an option to renew for a further period of ten years. The leases were negotiated with the aim of enabling the lessees to earn revenue from the hire of the courts to cover running costs as well as necessary capital replacements and improvements. They retained 80% of the income in this regard. Other objectives of the leases were to relieve Council of the onus of managing the complexes on a day to day basis, whilst retaining a revenue stream from the activity amounting to 20% of the court hire income.

During the initial 10-year term representations were received from a number of the lessees concerning the state of the tennis court assets and the lessee's ability to cope entirely with current or impending major refurbishment such as resurfacing of courts, replacement of lighting etc. Council identified the establishment of an asset management programme for tennis courts as a specific objective in the 2001/02 Management Plan. It was considered appropriate that the programme be developed in partnership with the tennis court lessees such that the best outcome for tennis court asset management was achieved. The programme was to have agreed priorities to enable informed decisions to be made regarding the allocation of scarce financial resources, the need to undertake budget planning, as well as exploring opportunities for funding, such as cooperative grant applications.

A report on tennis court management issues was submitted for Council's consideration at the July 2001 Ordinary Meeting (see report No. CC51/01). It included proposals to establish a partnership arrangement between Council and the tennis court lessees for tennis court asset management and an approach to fund capital works requirements at the complexes through the development of a restricted asset account for tennis courts. At Council’s Ordinary Meeting of 13 August 2003 (see Report No. CC58/03) Council approved the establishment of a funding priority rationale to assess applications received from tennis court lessees for capital works funding assistance and an amendment to clause 3.4 of the existing lease agreements with the respective tennis court lessees to acknowledge the development of a partnership arrangement in respect of funding capital works requirements at the various tennis court complexes.

Since that time Council officers have held annual meetings with the various lessees to address required tennis court capital works and allocate grants to assist tennis court lessees with capital works projects aimed at renewing and replacing tennis centre assets such as court surfaces, fencing, lighting, furniture, pathways and buildings. With the lease agreements identified above due to expire at the end of June 2011, Council officers have set out below an overview of the present participation rates applying to the game of tennis generally for consideration by Council and a suggested approach to be applied regarding the ongoing lease arrangements in respect of the Council controlled tennis court complexes for endorsement of Council.

Current Tennis Participation and Operating Environment

Australia wide participation figures for tennis participants aged 15 years and older reveal a 21% total decline in participation between 2001 and 2009. However, after a seven year low, participation rates have increased each year from 2007 (Exercise Recreation and Sport Survey, SCORS 2009). Tennis experienced a 0.7% total decline in participation between 2003 and 2009 for children aged 5-14 years, however participation has increased since 2006 (Children’s Participation in Cultural and Leisure Activities, ABS 2009).

Tennis Australia (2010) has identified the following:

· 82% of the population started playing tennis before the age of 16 years old

· 22% of Australians played at least once last year (3.8 million)

· 17% of the population who are not currently playing, are interested in playing tennis (2.8 million)

· 60% of those who are interested in playing have played before

· 12% of players prefer club membership

· Social play with family and friends and social competition are the key “occasions” to play tennis, followed by coaching programs and weekly competition

· Social (41%) then fitness (28%) is the major drivers to play tennis.

Tennis Australia has developed a number of strategies to increase participation in response to declining tennis participation rates over the past few years. Tennis is still a game that offers significant health benefits to participants, is a safe non contact sport, is accessible to a broad section of the community and is a game that can be played by all ages, genders and abilities.

Council has 18 tennis centres, comprising 77 tennis courts, available to the community. Fourteen of these centres are leased and are managed by a combination of tennis associations, tennis clubs and private coaches (commercial). One is managed by a section 355 committee.

The remaining three centres located at Wiseman’s Ferry, Brooklyn, Greenway Park in Cherrybrook and Dunrossil Park Carlingford, are managed by Council. Bookings are not taken and it is free to play tennis on a first come first served basis. The single court at Greenway Park requires major reconstruction and its future as a tennis court is currently being evaluated by the Parks and Landscape Team.

Courts at Grant Close, West Epping

The current lessee of the tennis courts at Grant Close within West Epping Park, has written to Council recently proposing that the tennis court lease be combined with its lease of the YMCA Centre (also within West Epping Park) and extended for 21 years. This proposal needs some consideration and is likely to be the subject of a separate report, taking into account factors such as the public interest, any capital investment into the courts proposed by the current lessee, and the requirements of the Local Government Act (1993).

To allow further consideration of this proposal and to minimise any delay in the preparation of an Invitation to Tender for the remaining tennis courts where leases are due to expire, it is recommended that the Grant Close, West Epping courts be withdrawn from the list of tennis centres which will be the subject of this proposed Invitation to Tender.

Future Tennis Court Lease Model

There is no single best management model. The various management models across the Shire allows for the provision of a wide range of tennis facilities, services and programs to the community such as coaching, holiday programs, tournaments, athlete development, junior programs, development programs, and competitions for all ages, genders and abilities.

Tennis NSW has a number of support programs that can assist operators to provide a better tennis experience and assist with tennis facility management. Several lessees are currently members of Tennis NSW and the Invitation to Tender will strongly recommend that all lessees are members of Tennis NSW, in order to support the lessees to become better service providers.

Council’s goals for the management of the tennis centres compliment those outlined in the Tennis NSW State Masterplan for Facilities in NSW. They are:

· To maximise use of the tennis facilities in the Shire

· To increase the sustainability of tennis facilities in the Shire

· To increase the quality of tennis facilities in the Shire

· To work collaboratively with tennis lessees

· To ensure community access to a range of quality tennis services and programs

· To ensure responsible asset management of tennis assets

Asset Management

There is concern that there has been an underinvestment in tennis court assets, partly because of the indirect nature of Council’s management of the assets through lessees, and partly because provisions for investing in and reporting on assets in the leases have not been strict enough.

In the latter part of these leases, Council has steadily built up a good relationship with the majority of the tennis lessees. A meeting is held annually where Council allocates “grants” to assist tennis court lessees with capital works projects aimed at renewing and replacing tennis centre assets such as court surfaces, fencing, lighting, furniture, pathways and buildings. In addition tennis lessees contact Council officers for advice and assistance in a number of areas including assistance with tree issues, information on suitable contractors for various maintenance matters, and well as electrical and plumbing issues. At least two lessees are members of the Hornsby Shire Sports Council.

In the past five years many of the lessees have improved their strategic business planning and either have strategic business plans in place or are in the process of developing them. Many have an asset management plan for the next three to five years as this is a requirement of the capital “grants” offered by Council.

Council officers have conducted asset management inspections of the tennis centres in association with tennis lessees in order to assess the condition of the courts and to provide advice and assistance with regards to priorities for capital renewal and replacement. These inspections have allowed Council to have an ongoing discussion with lessees regarding the importance of asset management.

Overall the majority of the tennis centres have improved their performance with regard to asset management. However any new leases must require increased reporting on asset management performance. Failure to renew and replace assets in the future must be seen as a serious breach of lease conditions leading to possible termination of the lease.

Proposed changes to leases

Information from annual reports, annual income derived from current tennis leases, and projected capital works programs have been used to undertake financial modelling. This financial modelling demonstrates that if Council were to change the current leasing structure where lessees are responsible for asset renewal and replacement to one where Council retained control of the assets and hence, asset renewal and replacement, sufficient funding would not be realised from the lessees under the current arrangement. There would need to be a significant increase in rental returns to Council to enable adequate funding for capital renewal and replacement given that some centres have a backlog of works. There is also the question of whether sufficient resources are available within Council to take on increased asset management of these facilities.

The leases, which are the subject of this report, require lessees to be responsible for renewal and replacement of capital assets at the tennis centres. The annual tennis court capital works program provides financial assistance to lessees for these capital works. The “grants” are currently limited due to the current lease structure.

Currently a percentage of the court hire income is currently payable to Council as a lease fee. The two major revenue generators for tennis centres are coaching and competitions. However, not all of Council’s centres are able to conduct competitions due limited number of courts at some centres. Rental returns should reflect a commercial approach, having regard to the purpose, site value and ownership of existing improvements (Land and Property Management Authority, Trust Handbook, July 2009).

To this end it is proposed that future leases will incorporate a requirement for rentals to be set at 30% (compared to current 20%) of court hire fees for non profit clubs/associations and the application of a market rental for private/commercial operators.

Overview of Tender Requirements

An Invitation to Tender will be prepared and advertised publicly to Tennis Clubs/Associations or private operators to operate and manage the tennis court complexes in Hornsby Shire listed in this report.

Lease terms will be generally similar to the existing leases and will include, but are not limited to, the following:

· Lease is to be for a maximum of 10 years.

· Courts must be available to the general public for hire a minimum of 50% of the time they are available for use.

· Rental is to be 30% of court hire fees for non profit clubs/associations and market rental for private/commercial operators.

· Rental fees are to be pooled by Council for a tennis court asset management fund which will be made available to lessees for capital improvements under a tennis court capital works grant program.

· Maintenance obligations for the lessee will extend to ongoing day to day maintenance and all capital asset maintenance although lessees can apply to Council for funding assistance through the tennis court capital works grant program.

· Requirement for affiliation to Tennis NSW

· Requirement for a business plan and asset management plan

· Commitment to work with Council and other operators to ensure a consistent delivery of tennis across the venues

· Requirement for attendance at an annual tennis court lessees meeting with Council

Tender evaluation criteria will include, but will not be limited to, the following:

· The range of tennis activities and opportunities available for diverse ages and abilities, in particular children

· The capability, experience and past performance of the tenderer (and its nominated team) in the provision of services required by the invitation to tender

· The attractiveness and potential for success of the proposed tennis court operation

· The proposed approach to be adopted by the tenderer in the operation of the tennis court complex

· The rental offered by the tenderer

· Maximisation of the value to the Council having regard to various factors including but not limited to economic, social, heritage significance and environmental sustainability

BUDGET

The report proposes an increase in available funds for tennis court facilities asset management over the next 10 years. This funding would be used to fund asset improvements to all of Council’s tennis court assets, not only those that are leased.

Of the nine tennis court centres with leases due to expire on 30 June 2011, six are located on Crown Land managed by Council as the appointed Reserve Trust Manager. It will be necessary to seek the concurrence of the Land and Property Management Authority to invite tenders for the lease of those centres on the basis outlined in this report. As previously reported (see Report No. GM10/06) there is a possibility that the minister administering the Crown Lands Act 1989 may direct that a levy of 15% of all proceeds received in respect of further leases of the respective crown reserves be paid into the Public Reserves Management Fund pursuant to Section 106 of the Crown Lands Act. Should such a direction be implemented, the financial return to Council will be adversely impacted.

POLICY

Leases of the subject tennis courts are expressly authorised in the respective adopted Plans of Management.

Six of the nine tennis centres that are the subject of this report are on Crown Land. The Crown Lands Act 1989 requires that money raised through the operation of the reserve or received through any approved leasing must be used for the purpose of improving and maintaining the reserve (Land and Property Management Authority, Reserve Trust Handbook, 2007).

CONSULTATION

Consultation has been undertaken with the Commercial Property Manager, Rod Drummond. The proposed invitations to lease must be publicly advertised.

In recent years, Council staff have met annually with tennis court lessees. The directions recommended in this report have been broadly outlined to them.

In the case of the Berowra Tennis courts, Council staff met with the Berowra Tennis Club (BTC) in 2009 to discuss a Council proposal to share the two synthetic grass tennis courts on Berowra Waters Road between tennis and netball. This proposal would relieve the pressure on the courts at Warrina Street Oval that are used by two netball clubs for midweek training, in a situation that does not provide sufficient training time for either club. Council contended that the returns provided by BTC indicated a low level of use of the courts for tennis that could be catered for by the remaining 4 synthetic grass courts at Boundary Road. BTC could not provide evidence that all 6 courts were definitely required, but declined the proposal to share the courts. Council staff then indicated to BTC that the situation would be reviewed when the lease expired in 2011.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line (TBL) attempts to improve Council decisions by being more accountable and transparent on social, environmental and economic factors. It does this by reporting upon Council's strategic themes.

Working with our community

Council has been working closely with the tennis lessees as well as Tennis Australia in order to deliver sustainable and vibrant tennis facilities for the community.

Conserving our natural environment

Sustainable energy and water initiatives will be considered in all future tennis centre improvements.

Contributing to community development through sustainable facilities and services

Council’s objective is that tennis facilities are accessible to the whole community no matter what age or ability. These facilities allow for player development and participation on a number of levels.

Fulfilling our community’s vision in planning for the future of the Shire

Council is working with Tennis Australia to help deliver the goals outlined in Tennis 2020 a facility development and management framework for Australian tennis. This will ensure that tennis is available to the Hornsby shire community and is able to respond to community needs and growth targets.

Supporting our diverse economy

Sport provides direct benefits to the local community through economic factors such as wages and retail spend.

Maintaining sound corporate and financial management

The tennis environment is changing to one where facility operations are self sustaining. This requires a more business like approach in order to respond to increased demands and expectations of both the community and council.

Other Sustainability Considerations

Not applicable.

RESPONSIBLE OFFICER

The responsible officer for this report is Dana Spence, Parks Asset Coordinator, telephone 9847 6896, between 8.30am and 5pm, Monday to Friday.

RECOMMENDATION

THAT:

1. Council authorise the preparation of an Invitation to Tender for the following seven tennis centres:

· Mills Park, Asquith

· Beecroft Village Green

· Berowra (Boundary Road )

· North Epping Oval

· Pennant Hills Park

· Waitara Oval

· Ruddock Park, Westleigh

when the leases expire in June 2011.

Peter Kemp

Acting Executive Manager

Environment Division

Attachments:

There are no attachments for this report.

File Reference: F2004/06450

Document Number: D01660869

Executive Manager's Report No. EN18/11

Environment Division

Date of Meeting: 18/05/2011

10 M2 ADVERTISING - PUBLIC INTEREST BENEFIT

EXECUTIVE SUMMARY

Miller Street Partners, on behalf of Manboom, obtained development consent in October 2010 from the NSW Planning Minister for an additional eleven new advertising signs on the M2 motorway. As part of their development consent, Manboom is required to offer Council public benefits in accordance with State Environmental Planning Policy 64 (SEPP) guidelines. Through the Roads and Traffic Authority (RTA), Manboom is making a formal offer for Council’s consideration.

PURPOSE/OBJECTIVE

The purpose of the report is for Council to consider acceptance of the funding of $30,000 per annum for 13 years indexed to Consumer Price Index (CPI) for public benefit works along the M2 corridor.

DISCUSSION

The M2 opened in 1997 and runs east-west across the southern part of Hornsby Shire, connecting North Ryde and Seven Hills. The Department of Planning (DoP) notified Council on 8 July 2010 of Development Application 051-07-2010 submitted to the DoP by Miller Street Partners on behalf of Manboom for illuminated advertising signs along the M2. The application sought consent for:

· The location and size of 13 new static illuminated advertising signs along the M2.

· Upgrade of the existing signs on the eastern side of Pennant Hills Road Bridge and the northern on-ramp east of Pennant Hills Road to be consistent with the proposed signage design strategy.

· Removal of an existing sign within the Pennant Hills Road underpass travelling eastbound.

The three existing signs proposed to be upgraded at Pennant Hills Road were previously approved by Council in 2002 and were subject to bush regeneration works under a public benefit agreement. The other ten proposed signs are outside Council’s area.

The Development Application (DA) and Statement of Environmental Effects were exhibited from 21 July to 20 August 2010. The Minister for Planning, as the consent authority for the application pursuant to Clause 12 (d) of SEPP 64, issued consent on 22 October 2010.

The outcome of this process is that there will be two signs on the M2 within Hornsby Local Government Area (LGA). This has the effect of reducing the current number of advertising signs from three to two as follows:

1. Pennant Hills Road bridge - westbound - existing sign has been approved for upgrading.

2. Eastern side of Pennant Hills Road on the concrete wall above the on ramp - application was made to upgrade this sign but was refused- Manboom will rely on the existing approval.

3. The proponent proposes to remove the existing sign eastbound under Pennant Hills Road overbridge.

Under the consent RTA is required to negotiate an appropriate public benefit in line with the requirements of the SEPP 64 guidelines ‘Transport Corridor Outdoor Advertising and Signage Guidelines’ (2007, DoP) as a condition prior to the issue of a construction certificate.

The DA proponent suggested that the urban design and safety screen improvements, together with the requirement for the M2 operator to set aside funds from the advertising for safety and environmental improvements on the M2, were sufficient public benefit. However the RTA recommended and DoP accepted that these were separate requirements and that a specific provision needed to be made for public benefit.

The difference between the number of signs in each area is noted, but from an overall community perspective the RTA is aiming to give each affected Council equal access to the benefits from the project so the offer to each Council is the same.

Initial Offer

The initial offer by Miller Street Partners acting on behalf of the advertising company Manboom involved two months (lunar cycle) of advertising for each council along the M2 (Hornsby, Ryde and Hills). In addition to the offer made to councils, the company would also provide two months of advertising to RTA for road safety awareness. All three councils rejected the in-kind offer of advertising as being of insufficient public benefit. They expressed the view that it was likely that the councils would prefer that the public benefit take the form of monetary contribution towards projects in accordance with the guidelines.

Current Offer

Miller Street Partners have acknowledged the councils’ expressed preference and on behalf of Manboom have formalised an offer of $30,000 per annum to each council (Attachment 1). This sum represents an equivalent value to the original offer of advertising time. The amount is to be indexed by CPI for the duration of their advertising agreement with Hills Motorway Ltd from 2012 to 2024. This represents an equal public benefit contribution to each council on the M2 route of $30,000 per annum in projects and $30,000 to RTA (in the form of road safety advertising) of $390,000 to each council of 13 instalments from 2012 to 2024, or a total of nearly $1.6m in current dollars.

Road Safety

The DoP noted the safety and urban design contributions from the project in assessing the public benefit obligations of the proponent. The RTA also required Manboom to provide an additional appropriate public benefit as a result of the new DA, in addition to its existing contractual obligation to RTA for safety initiatives. The existing contractual requirement, in place since 1999, is for a proportion of any advertising revenue to be set aside by the company for M2 road safety initiatives agreed with RTA. An example of road safety recently funded is the additional pedestrian fences and controls at the M2 bus stops at Oakes Road and Barclay Road (not within Hornsby Shire) improving safety for bus users. The ongoing road safety contribution has been in place since 1999 and will continue under the current deed until 2042 or the ongoing life of the lease, and makes an annual contribution towards road safety of an amount approximately equivalent to that of the new amount. The new consent requires the contribution of additional road safety messages which are to be delivered through another annual contribution to the RTA. This additional advertising will generate additional funds for such safety works on the M2 in addition to the formal ‘public benefit’ offered. The resulting road safety contributions required as part of the original deed will therefore be substantially increased through the new DA requirements.

Bush Regeneration Works

The ‘Guidelines for Transport Corridor Advertising and Signage’ identify what is an appropriate public benefit. Together with road safety matters, the public amenity within or adjacent to the transport corridor is identified as an acceptable improvement. The M2 corridor traverses significant bushland reserves where a large number of Bushcare groups work. The RTA and Manboom are highly aware of the bushland environment surrounding the M2 corridor and are supportive of contributing towards bush regeneration in the council managed and owned bushland reserves. Three sites have been identified for a bush regeneration program including Beecroft Reserve, Gloucester Road Reserve and Plympton Road Bushland. It is therefore proposed that if Council resolves to accept the offer of monetary contributions, it be directed to bush regeneration works to be coordinated by Council on the Council managed lands adjacent to the M2 corridor. This will greatly enhance the current bushcare activities carried out by volunteers in the bushland reserves to be

As a separate matter, residents have raised with Council an ongoing issue of noxious and environmental weeds within the M2 corridor. This matter needs to be raised with the RTA as an issue to be addressed in terms of the lessee Transurban meeting the requirements of the original M2 approval and its current noxious weed responsibilities. Council will advise the RTA that the M2 lessee needs to contract professional bush regenerators to undertake noxious and environmental weed control works and provide monthly and annual reports indicating the work hours, areas treated and results of treatment.

BUDGET

The RTA has identified that the offer by Manboom effectively doubles the company’s monetary contribution to road safety and other public benefits. The RTA regards the new offer as a satisfactory response to the submission to the Department of Planning and the conditional approval issued to Manboom's application under SEPP 64 as it represents an additional commitment from the proponent of a similar quantum to its existing contractual obligations with RTA and provides a substantial benefit over the term to all parties.

The public benefit offer of $30,000 per annum indexed to CPI over 13 years is satisfactory to RTA. As the agency responsible for the facilitation of the public benefits, the RTA has recommended that Council accept this offer of monetary contributions.

POLICY

There are no policy implications arising from this report.

CONSULTATION

Consultation has taken place with the Manager of Traffic Branch, Town Planning, the RTA, Manboom and Miller Street Partners.

TRIPLE BOTTOM LINE SUMMARY

As this report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The responsible officer is Diane Campbell, Manager Bushland and Biodiversity, telephone 9847 6903 from Mondays to Fridays, between 8.30am and 5pm.

RECOMMENDATION

THAT:

1. Council advise the RTA that it rejects the offer from Manboom of in-kind advertising.

Peter Kemp

Acting Executive Manager

Environment Division

Attachments:

1.View

Attachment 1 - Letter re M2 advertising signage

File Reference: F2004/07588

Document Number: D01662772

Executive Manager's Report No. WK20/11

Works Division

Date of Meeting: 18/05/2011

11 WORKS PROGRESS REPORT - MARCH 2011 QUARTER - ASSETS BRANCH

EXECUTIVE SUMMARY

This Assets Branch Works Progress Report for the March 2011 Quarter provides information to Council regarding the progress of the adopted 2010/11 Assets Branch Programs relating to works maintenance, road pavement and stormwater management in the Shire, and the implementation of asset management systems for sealed road pavement and drainage.

Key Performance Indicators (KPIs) for the various maintenance activities are included in the report and the completion status of the various programs is presented in the Gantt charts attached to the report. The completion of the various activities is generally in accordance with the adopted programs for the 2010/11 Service Plan.

OBJECTIVE

This report provides information to Council on the progress of the adopted Assets Branch Programs relating to works maintenance, road pavement and stormwater management in the Shire, and the implementation of asset management systems for pavement and drainage.

The report covers work carried out by the Assets Branch of the Works Division for the second quarter of the 2010/11 Service Plan ending 31 March 2011.

WORKS MAINTENANCE

Works maintenance is divided into two districts (Northern District and Southern District) and includes:

* Road shoulder and Unsealed Road

* Drainage

* Footpath and Footway

* Roadside Furniture

* Foreshore Facilities

Maintenance works of a routine nature are mainly carried out by Council crews with either Council-owned plant or externally hired plant and occasionally by contractors. Such works include: road shoulder and unsealed road regrading; stormwater drainage system checking and clearing of obstruction/repair of drainage structure; inspection of footpaths and repair/replacement of isolated sections of paths; inspection and repair/replacement of road signs and furniture; and inspection and minor repairs of foreshore facilities.

Upgrading works which are readily defined are generally carried out by Contractors. Such works include road shoulder upgrading, footpath reconstruction, and major repair/replacement of foreshore facilities. Other upgrading works such as construction of drainage pits and pipelines, lining of walls and floor of drainage channels, construction of short lengths of kerb and gutter are generally carried out by Council crews.

Civil assets maintained by the Works Division include:

* 613km of sealed roads and footways

* 376km of unsealed road shoulders

* 36km of unsealed roads

* 413km of footpaths

* 18,331 drainage pits

* 390km of drainage pipelines and channels

* 6 public wharves

* 5 pontoons

* 1 tidal baths

* 3 boat ramps

* 1 loading dock

* 8 sections - 815m of seawall

Works maintenance is undertaken in accordance with programmes adopted by Council and from work requests received. Progress of programmed activities for the Northern and Southern District Works Maintenance Programs are given in Gantt Charts A and B, respectively.

Road Shoulder and Unsealed Road

Road Shoulder Maintenance is carried out to ensure that unsealed road shoulders on roads with only a central sealed pavement are safe and serviceable. Activities carried out include:

* On demand grass cutting and repair of damaged sections of grassed shoulders and swales;

* Programmed periodic regrading and repair of worn shoulders;

* Programmed upgrading of shoulders to reduce/eliminate high frequency maintenance.

Unsealed Road Maintenance is carried out to ensure that unsealed roads are safe and serviceable. Activities carried out include:

* Programmed routine repair/ and periodic re-sheeting of unsealed roads;

* Programmed stabilisation/sealing of sections of unsealed roads to minimise/ eliminate dust problem;

* On demand repair of unsealed roads especially after heavy rainfall.

The Key Performance Indicator (KPI), stated as the average maintenance cost per km per year on unsealed roads, is $7,100. The performance at the end of the March quarter was $6,190. The service level, stated as the number of complaints per 100km of unsealed roads, of <30 (less than 30) was 11 at the end of the March quarter.

This activity relates to the Strategic Theme, Contributing to community development through sustainable facilities and services.

Drainage

Drainage maintenance is carried out to ensure that Council's drainage systems are effective in providing safety and enhance amenity to the community. Drainage maintenance comprises routine maintenance and minor upgrading of drainage structures.

Routine Maintenance comprises: programmed routine stormwater drainage system checking and clearing by Council crews on an area basis; and on demand drainage structure repair and lining of the side and floor of open drainage channels.

The KPI for drainage maintenance, stated as the average maintenance cost per km per year of urban drainage maintenance, is $3,500. The performance for at the end of the March quarter was $2,320

Minor Upgrading comprises programmed upgrading of drainage pits, construction of short sections of kerb and gutter, pipelines and new pits, and lining of walls and floors of open drainage channels.

Footpath and Footway

Footpath and footway maintenance is carried out to ensure that Council's footpath system provides safe and convenient access. Footpath maintenance comprises routine maintenance, footpath reconstruction and access ramp construction. Footway maintenance comprises programmed routine grass cutting, and programmed on demand reshaping of footway and repair of footway.

Routine Footpath Maintenance comprises programmed routine inspection and repair of isolated section/s of footpath, and programmed re-sheeting of segments of footpaths with asphaltic concrete to eliminate minor trip edges or concrete grinding to address moderate trip edges. The 413km footpath network is inspected at least once a year by Council crews or a contractor. During the March quarter, repairs to footpaths totalled 55 sq. metres and grinding of footpath trip edges totalled no linear metres. At the end of the March quarter, the cumulative repairs to footpaths were 812 sq. metres and grinding of footpath trip edges were 1,824 linear metres

The KPI for footpath maintenance, stated as the average maintenance cost per km per year, is $2,400. The performance at the end of the March quarter was $1,550 The Service Level stated as the number of reported trip and fall incidents on footpaths per 100km of <10 (less than 10) per year was 8 at the end of the March quarter.

Footpath Reconstruction comprises programmed reconstruction by contract for segments of various types of footpaths ranging from concrete slabs to asphalt, brick, tile and heritage slabs. The Service Level for this program is 2.0km of footpath reconstruction. No work was undertaken during the March quarter as work has been scheduled for the June 2011 quarter.

This activity relates to the Strategic Theme, Contributing to community development through sustainable facilities and services.

Roadside Furniture

Roadside furniture maintenance is carried out to ensure traffic safety and convenient movement of traffic. Roadside furniture maintenance comprises routine maintenance of street name and traffic signs, guide posts and safety fences.

Street Name and Traffic Signs routine maintenance comprises programmed installation of new advisory and directional signs, and on demand repair/replacement of street name and traffic signs. During the March quarter, 349 signs were maintained and 71 new signs were erected. At the end of the March quarter, the cumulative signs maintained were 1023 and new signs erected were 322.

Guide Post and Safety Fences routine maintenance comprises programmed installation of new guide posts and safety fences and on demand repair/replacement of guide posts and safety fences. During the March quarter: 79 guide posts and 135 metres of safety fences were maintained. No new safety fences and guide posts were erected. At the end of the March quarter, the cumulative maintenance of guide posts were 425 and safety fences were 3220 metres. The cumulative erection of new safety fences was zero and guide posts were 5.

This activity relates to the Strategic Theme, Contributing to community development through sustainable facilities and services.

Foreshore Facilities

Foreshore facilities maintenance is carried out to ensure that public facilities are safe and serviceable. Foreshore facilities maintenance comprises routine maintenance and periodic upgrading/replacement of public wharves, pontoons, boat ramps, tidal baths, loading dock and seawalls.

Routine Maintenance comprises programmed routine inspection and minor repairs of public wharves, pontoons, boat ramps and tidal baths by Council crews and specialist contractors, and on demand minor repair works. During the March quarter, all 14 facilities have been inspected. Step, boat ramp and fish cleaning table pressure cleaning were also carried out at Parsley Bay, Berowra Waters and Kangaroo Point during the March quarter.

Upgrading/Replacement normally comprises programmed major repairs/upgrading on public wharves, periodic replacement of pontoons and periodic reconstruction of sea walls by contract. Replacement of some decking and minor footpath construction was undertaken at Milsons Passage Wharf in July 2010.

This activity relates to the Strategic Theme, Contributing to community development through sustainable facilities and services.

PAVEMENT MANAGEMENT

Pavement Management is carried out Shire wide for the 613km sealed road network consisting of 1,521 roads. Pavement maintenance activities include:

* Road Resurfacing

* Preparation for Resurfacing

* Pothole Repairs

* Road Restorations, Hydrants and Car Park Maintenance

Progress of programmed activities for the Pavement Works Maintenance Program is given in Gantt Chart C.

There are two key performance indicators in the Principal Activity Service Plans for sealed roads:

* The KPI for the sealed road network, stated as the percentage of road network rated in "Good/Very Poor" condition, are >68/<2 (greater than 68% / less than 2%). The performance for 2010/11 is only available in February 2011 following the collection of road condition data in the December quarter. These percentages are expected to remain relatively constant due to the Roads to Recovery and RTA REPAIR Program Funding as well as Council’s Sealing of Unsealed Roads Program.

* The KPI for sealed roads, stated as the average maintenance cost per km, is $8,000 per year. The performance at the end of the March quarter was $6,800

Road Resurfacing

Road resurfacing comprises programmed Reclamite surface treatment, and asphaltic concrete (AC) and flush seal resurfacing by contract. The programmed resurfacing is 135 roads totalling 221,510 square metres. The performance at the end of the March quarter, shown within brackets, was 97 roads totalling 174,484 m2 and was as follows:

* Asphaltic Concrete resurfacing 56 roads - 85,350 m2 (30 roads - 68,650 m2)

* Flush Seal resurfacing 19 roads - 47,380 m2 ( 4 roads - 9292 m2)

* Reclamite surface treatment 60 roads - 88,780 m2 (63 roads - 96542 m2)

A list of roads proposed for resurfacing is identified by Council's Pavement Management System based on funding allocation and appropriate treatment options selected. The roads selected for inclusion in the program are then made following inspection by the Pavements Engineer. Approximately 5% of the road network is resurfaced or treated per year.

Preparation for Resurfacing

Preparation for resurfacing comprises programmed pavement repair by contract and crack sealing by Council crews. Pavement repair involves heavy patching of pavement using AC and pavement stabilisation with cement. On demand pavement repair involving heavy patching of pavement with AC is also carried out by contract as well as by Council crews depending on availability and extent of work required.

The programmed preparation works was 37 roads totalling 16,190 m2. The performance at the end of the March quarter, shown within brackets, was 34 roads totalling 14,544 m2 and was as follows:

* Heavy Patching with AC 25 roads - 1,660 m2 (32 roads - 9917 m2)

* Pavement Stab. with Cement 12 roads - 14,530 m2 (2 roads - 4627 m2)

Pothole Repairs

Pothole repair comprises programmed inspection and filling of potholes with AC on 12 patrol area basis by a Council crew with a Flocon truck. During the March quarter, 588 potholes were repaired in 189 roads and consumed approximately 27.7 tonnes of AC. At the end of the March quarter, 1627 potholes were repaired in 435 roads and consumed approximately 72.47 tonnes of AC.

Road Restorations, Hydrants and Car Park Maintenance

This activity comprises programmed restoration of road openings by public utility authorities and plumbers in asphaltic concrete, rising of hydrants, and carpark maintenance involving some pavement and pothole repair by Council crew, line marking and resurfacing by contractors. During the March quarter, no square metres of restorations were carried out on any roads and 29 service adjustments were made. At the end of the March quarter, 1,186 square metres of restorations were carried out on 127 roads and 42 service adjustments were made on 4 roads.

The activities above relate to the Strategic Themes, Contributing to community development through sustainable facilities and maintaining sound corporate and financial management.

STORMWATER MANAGEMENT

Stormwater management major activities include:

* General review of all completed Stormwater Catchment Management Plans (SCMPs).

* Project management of minor stormwater drainage projects.

* Review of Council's Urban Runoff Management Code.

* Development of conceptual designs for Stormwater Drainage Improvement Programs.

* Development of Floodplain Risk Management Plan.

The Service Level, stated as the cumulative percentage of 1,084 known properties subject to stormwater inundation benefiting from Improvement programme is 52.1%.

Progress of programmed activities for Stormwater Management is generally in accordance with the adopted programme given in Gantt Chart D. The Consultant’s final flood maps based on the Broadscale Overland Flow Study for the urban areas of the Shire was received in September 2009. This study is part of the Floodplain Risk Management Plan Development and will culminate with the preparation of Flood Planning Maps for the Shire. The inaugural Floodplain Risk Management Committee meeting was held on 16 June 2010 and the second meeting 8 August 2010. A workshop to brief councillors was held on 25 August. The Hornsby Overland Flow Study Report and draft Flood Planning Maps were submitted to the Council Ordinary Meeting on 20 October 2010 wherein Council resolved to endorse and place these documents on public exhibition for a period of 28 days. The Hornsby Overland Flow Study Report and draft Flood Planning Maps were placed on public exhibition from 22 November 2010 with a closing date of 24 January 2011. The closing date was subsequently extended to 28 February 2011. Some 600 submissions have been received as at 31 March 2011.

Major Drainage improvement works will not be undertaken in 2010/11 as the allocated funding has been placed in a restricted asset account towards the Hornsby CBD Drainage Project Stage 1. Construction will commence only when sufficient funds have been accumulated. Alternative funding options are being considered to commence the project at an earlier date.

This activity relates to the Strategic Themes Contributing to community development through sustainable facilities and services and Maintaining sound corporate and financial management.

ASSET MANAGEMENT SYSTEMS

Three asset management systems are currently being maintained/implemented:

* Pavement Management System (PMS)

* Drainage Asset Management System (DRAMS-PIPEPAK)

* Footpath Management System (FMS)

The progress of programmed activities for the implementation of asset management systems is generally in accordance with the adopted programme given in Gantt Chart E.

Pavement Management System (PMS)

The Pavement Management System (PMS) Implementation Program consists of the following programmed activities for PMS Model refinement:

* Investigation of pavement structure by staff from project investigations.

* Collection of road condition and road roughness data by contract for the third 20% of the network for the Fifth Sweep.

* Collection of subdivision road data using casual staff.

* Traffic Counts by contract for 21 "typical" roads for refinement of traffic volume data.

Other PMS development activities include: preparation of valuation for AAS27 requirements; update of feedback system for data updating; preparation of Grants Commission report, and development of PMS-GIS interface to enable graphical access to PMS data. Running of the optimisation model on the PMS in conjunction with the preparation of the 2011/12 Pavement Works Maintenance Program has been scheduled for the March 2011 quarter. Road Fair Value determination for road assets was undertaken in June 2010.

This activity relates to the Strategic Theme, Maintaining sound corporate and financial management.

Drainage Asset Management System (DRAMS-PIPEPAK)

The Drainage Asset Management System (DRAMS-PIPEPAK) Implementation Program consists of the collection of stormwater drainage asset data in respect of the location and condition of the pits and pipes. The location of pits in Council's stormwater drainage system was undertaken using a global positioning system (GPS). The collection of the pit and pipe condition was undertaken by field inspection.

The DRAMS database has been converted to the updated version named PIPEPAK.

PIPEPAK implementation activities include: GPS and condition data audit, update of feedback system for data updating; development of PIPEPAK model; formatting PIPEPAK for AAS27 requirements; and development of PIPEPAK-GIS interface for graphical access to PIPEPAK data. Fair Value determination for drainage assets was undertaken in June 2010.

This activity relates to the Strategic Theme, Maintaining sound corporate and financial management.

Footpath Management System (FMS)

The Footpath Management System (FMS) Implementation Program consists of the following programmed activities:

* Collection of footpath condition data for the whole network.

* Ongoing development of graphical access to FMS data.

* Formulation of the Annual Footpath Maintenance and Reconstruction Programs.

The collection of footpath condition and inventory data by a contractor has been scheduled for the March 2011 quarter.

This activity relates to the Strategic Theme, Maintaining sound corporate and financial management.

BUDGET

There are no budget implications with the preparation of this report.

POLICY

There are no policy implications.

CONSULTATION

Consultation with the Environment and Planning Divisions was made in respect of Stormwater Management activities. Consultation with outside groups is not required with the other activities.

TRIPLE BOTTOM LINE SUMMARY

Triple Bottom Line (TBL) attempts to improve Council's decisions by being more accountable and transparent on social, environmental and economic factors. It does this by reporting upon Council's Strategic Theme.

A TBL assessment is not required for this progress report.

RESPONSIBLE OFFICER

The responsible officer is the Manager, Assets Branch, Mr Chon-Sin Chua, on telephone No. 9847 6677.

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. WK20/11 be received and the progress of the 2010/11 Assets Branch Programmes for the March 2011 quarter be noted.

Maxwell Woodward

Executive Manager

Works Division

Attachments:

1.View	Gantt Chart A - 2010/11 Northern District Works Maintenance Programme, Progress as at 31 March 2011.
2.View	Gantt Chart B - 2010/11 Southern District Works Maintenance Programme, Progress as at 31 March 2011.
3.View	Gantt Chart C - Pavement Works Maintenance Programme, Progress as at 31 March 2011.
4.View	Gantt Chart D - Stormwater Management Programme, Progress as at 31 March 2011.
5.View	Gantt Chart E - Asset Management Systems Implementation Programme, Progress as at 31 March 2011.

File Reference: F2004/05959-02

Document Number: D01651403

Executive Manager's Report No. WK21/11

Works Division

Date of Meeting: 18/05/2011

12 RE-ESTABLISHMENT OF ALCOHOL FREE ZONE UNDER THE LOCAL GOVERNMENT ACT, 1993 IN THE PENNANT HILLS COMMERCIAL CENTRE

EXECUTIVE SUMMARY

The Alcohol Free Zone (AFZ) in the Pennant Hills Commercial Centre expired on
18 October 2009. The aim of this report is to re-establish the AFZ in accordance with the Ministerial Guidelines and the Local Government Act 1993.

Council, at its Ordinary Meeting on 20 October 2010, resolved to publish in a local newspaper its proposal to re-establish an alcohol free zone (AFZ), for a period of four years within the Pennant Hills Commercial Centre, inviting public consultation and assessing submissions prior to determining whether to re-establish an alcohol free zone.

Following the close of public consultation on 11 April 2011, one submission was received. This submission was not relevant to Council’s proposal for re-establishing the AFZ.

In view of the positive outcome to the public consultation process, this report recommends Council’s adoption of the proposal to re-establish the AFZ for a period of four (4) years.

If Council resolves to re-establish the AFZ, Council must then by notice published in the Hornsby Advocate, describe the area to be included in the AFZ, declare that an AFZ has been established and specify the period for which the AFZ is to operate. Council must also erect appropriate signage displaying the above requirements.

PURPOSE

The purpose of this report is to seek Council’s adoption of a proposal to re-establish the AFZ in the Pennant Hills Commercial Centre for a period of 4 years.

BACKGROUND

Council at its Ordinary Meeting held on 20 October 2010 resolved,

That Council, by publication in a newspaper circulating in the area:

1. Give notice of its proposal to re-establish, for a period of four years, an alcohol free zone as described in 3 below.

2. Invite representations from within the area for a period of 14 days following publication of its intention, together with the local Police, local hoteliers and other holders of liquor licences in the area.

3. Consider a further report on submissions following the public consultation period prior to determining whether to re-establish an alcohol free zone located over Fisher Avenue, Hillcrest Road, Ramsay Road, Warne Street, Pennicook Lane, Geeves Lane, Fisher Avenue carpark, Yarrara Road, and Shields Lane, Pennant Hills , as shown in the Plan attached to Executive Manager’s Report No. WK70/10.

Refer to “Zone Extent” in this report for further details on the boundaries to the AFZ. The area within Wollundry Park between Ramsay Road and Warne Street, although not clearly shown in the above item 3 resolution of the AFZ, was clearly identified in the documentation during the public consultation process.

In accordance with the resolution, Council by publication in the Hornsby Advocate gave notice of the proposal to re-establish the AFZ. Letters were also sent on 11 March 2011 to the local Police, local hoteliers and other holders of liquor licences in the area advising they had 30 days, by 11 April 2011, should they wish to lodge a submission.

Proposal

Ministerial Guidelines on Alcohol Free Zones (February 2009) which supplement the relevant provisions of the Local Government Act 1993 – sections 644, 644A, 644B, 644B(4), 644C and 646, provides the requirements for Council to establish an AFZ for a period not exceeding four years.

This proposal is as per Council’s resolution made at its meeting held on 20 October 2010, where before further consideration can be given to the proposal, Council must consult with the public and report the outcome.

Following a positive public consultation response to the AFZ proposal, it is now proposed that Council should now resolve to re-establish the AFZ in the Pennant Hills Commercial Centre.

Zone Extent

The extent of the AFZ at Pennant Hills Commercial Centre is:

· Fisher Ave (Pennant Hills Rd to the end of Fisher Ave carpark)

· Hillcrest Road (Yarrara Rd to the Police Station at 12 Hillcrest Rd),

· Ramsay Road (Yarrara Rd to No 4 Ramsay Rd),

· Warne Street (Yarrara Rd to cul de sac including extension into Shields Lane)

· Pennicook Lane (between Hillcrest Rd and Ramsay Rd)

· Geeves Lane (Fisher Ave to Hillcrest Rd)

· Fisher Avenue carpark

· Yarrara Road (Pennant Hills Rd to Shields Lane including eastern side at Railway Station & west side area immediately in front of the Library and Community Centre in Yarrara Rd)

· Shields Lane (Yarrara Rd to Willis Ave)

· Wollundry Park (between Ramsay Rd and Warne St)

Approved outdoor dining areas are excluded from the alcohol-free zone.

Reasons for Considering the AFZ

The AFZ within the Pennant Hills Commercial Centre (as described in “Zone Extent” above), has expired. The previous AFZ (having a similar zone extent to the current proposal) was effective in assisting in the management of anti-social behaviour and provided a degree of comfort to users of the space. The Police support the re-establishment of the AFZ. It is considered appropriate for Council to re-establish the AFZ.

Duration of AFZ

Council should now resolve to adopt the re-establishment of the AFZ for the maximum period of four years as permitted under Section 644(3) of the Local Government Act 1993 and by the Ministerial Guidelines.

The AFZ will commence 7 days after publication of Council’s declaration to establish the AFZ and when roads affected are adequately signposted.

Public Consultation

Public consultation of the proposed AFZ was undertaken in accordance with:

· Section 644A(1) of Act by advertising in the Hornsby Advocate on 17 & 24 March 2011.

· Section 644A(2) of the Act, by sending a letter dated 11 March 2011 to the local Eastwood Police, local hoteliers, other holders of liquor licences in the locality and registered clubs inviting submissions by 11 April 2011.

· Exhibiting the proposal at Council’s Administration Building.

· Placing the proposal on Council’s Web Site.

At the submission closing date, one submission was received inquiring why the Marketplace carpark was not included in the AFZ. Since the Marketplace carpark is on private property, Eastwood Police confirmed it has no jurisdiction to enforce an AFZ on private property. Hence, this submission was considered not relevant.

If Council adopts this proposal, the police will be consulted to comment on the suitability of existing and proposed signage for purposes of enforcing the AFZ.

BUDGET

The erection of AFZ signage can be funded from the current Works Division budget.

POLICY

Related legislation/policies include:

· Local Government Act 1993

· Ministerial Guidelines on Alcohol Free Zones 2009

· Liquor Legislation Amendment Bill 2010

Legislative Provisions

The Liquor Legislation Amendment Bill 2010 was introduced to give Police additional powers to enforce alcohol free zones. This includes the removal of mandatory warnings prior to any enforcement action being undertaken. A Police Officer is able to immediately confiscate alcohol and dispose of it.

TRIPLE BOTTOM LINE SUMMARY

Working with our community

Council is working with the community by advertising the proposal for the re-establishment of the AFZ in a local newspaper, sending letters to the relevant parties including local Police, local hoteliers and other holders of liquor licences in the affected areas and by assessing submissions.

Conserving our natural environment

The AFZ excluding approved outdoor dinning areas will have no adverse impacts on our natural environment.

Fulfilling our community’s vision in planning for the future of the Shire

The AFZ promotes safer communities. By creating safer communities, Council is fulfilling our community’s vision in planning for the future of the Shire.

Supporting our diverse economy

The AFZ will complement outside local dining and improve the level of safety and security for other businesses. This will have a positive benefit to the diverse economy of the Shire.

RESPONSIBLE OFFICER

The responsible officer is the Manager, Assets Branch, Mr Chon-Sin Chua, who can be contacted on telephone no. 9847 6677.

RECOMMENDATION

THAT Council:

1. Adopt the proposal to re-establish an Alcohol Free Zone (AFZ) in the Pennant Hills Commercial Centre for a period of four (4) years in the following areas, excluding approved outdoor dining areas:

· Fisher Avenue (Pennant Hills Rd to the end of Fisher Ave carpark)

· Hillcrest Road (Yarrara Rd to the Police Station at No 12 Hillcrest Rd),

· Ramsay Road (Yarrara Rd to No 4 Ramsay Rd),

· Warne Street (Yarrara Rd to cul de sac including extension into Shields Lane)

· Pennicook Lane (Hillcrest Rd to Ramsay Rd)

· Geeves Lane (Fisher Ave to Hillcrest Rd)

· Fisher Avenue carpark

· Yarrara Road (Pennant Hills Rd to Shields Lane including eastern side at Railway Station & west side area immediately in front of the Library and Community Centre in Yarrara Rd)

· Shields Lane (Yarrara Rd to Willis Ave)

· Wollundry Park (between Ramsay Rd and Warne St)

2. Publish in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned:

· a notice declaring that an alcohol free zone has been established, and

· specify that the alcohol free zone is to commence operation after 7 days from the date of publication, and when the affected area is adequately signposted.

3. Prepare signage:

· declaring that an alcohol free zone has been established, and

· erect signage at the gateways to the Zone, and at suitable intervals within the Zone.

Maxwell Woodward

Executive Manager

Works Division

Attachments:

1.View

Alcohol Free Zone Plan Pennant Hills

File Reference: F2004/08355

Document Number: D01651786

Executive Manager's Report No. WK23/11

Works Division

Date of Meeting: 18/05/2011

14 HORNSBY OVERLAND FLOW STUDY AND DRAFT FLOOD PLANNING MAPS - PROCESS FOR ADDRESSING SUBMISSIONS RECEIVED

EXECUTIVE SUMMARY

The Hornsby Overland Flow Study Report (OFS) and the accompanying Draft Hornsby Shire Flood Planning Maps (FPMs) presented in Appendix 1 of Executive Manager’s Report No. WK63/10, and the Overland Flow Maps presented in Appendix 2 of Executive Manager’s Report No. WK63/10, was endorsed by Council at its Meeting held on 20 October 2010 to be placed on public exhibition for a period of 28 days.

The letter to affected property owners and the FAQs leaflet attachment that was presented in Appendix 3 of Executive Manager’s Report No. WK63/10 was also approved by Council at the same Meeting.

Letters to 4,535 affected property owners (excluding Council) were mailed on 19 November 2010 and the advertisement of the public exhibition for the OFS and draft FPMs were placed in local newspapers on 23, 24, 25, and 30 November and 1 and 2 December 2010. The relevant documents were available for inspection at Council’s Administration Centre and public libraries as well as on Council’s web site from 23 November 2010 to 28 February 2011. The initial closing date for the public exhibition was 24 January 2011. At the request of Councillors, the closing date was then extended to 28 February 2011 in late November 2010.

Council has also received further guidelines from the Department of Planning (DoP) with regard to the identification of Flood Control Lots as being of High and Low Hazard.

At the close of the Public Exhibition period, 596 submissions have been received. The breakdown of notifications, and submissions received as well as a percentage of notifications issued by Suburb is shown in Figure 1 in the body of this report.

In view of the further guidelines received from the DoP and to address the comments in the submissions, the proposed process for addressing the submissions received is presented for Council’s consideration and endorsement so that officers have Council’s direction to proceed with the consideration the submissions and the preparation of a further report to Council addressing the submissions received and recommending the adoption of the Hornsby OFS or re-advertising the revised FPMs if considered necessary.

PURPOSE/OBJECTIVE

This report presents the process for addressing the submissions received for the Hornsby Overland Flow Study (OFS) Report and the draft Hornsby Shire Flood Planning Maps (FPMs) for Council’s consideration and endorsement.

A further report following the consideration of submissions received for the Public Exhibition of the OFS and FPMs will be presented to Council for its consideration and endorsement or re-advertising the revised FPMs if considered necessary.

The Council adopted FPMs following the public exhibition will be submitted to the Department of Planning as an amendment to the Hornsby Shire Comprehensive Local Environmental Plan (LEP) when gazetted. The FPMs will then be placed on public exhibition by Council as a procedural process prior to its inclusion in the Comprehensive LEP.

The Council adopted Hornsby Shire OFS Report and Overland Flow Maps, following the public exhibition will also be placed on Council’s website to provide flood management information to the community.

BACKGROUND

Council, when considering this matter at its Ordinary Meeting held on 20 October 2010 resolved, inter alia, that

“1. The Hornsby Overland Flow Study Report and the accompanying Draft Hornsby Shire Flood Planning Maps presented in Appendix 1 of Executive Manager’s Report No. WK63/10, and the Overland Flow Maps presented in Appendix 2 of Executive Manager’s Report No. WK63/10, be endorsed by Council and placed on public exhibition for a period of 28 days.

2. The Letter to Affected Property Owners and the FAQs leaflet attachment presented in Appendix 3 of Executive Manager’s Report No. WK63/10 be approved by Council.”

Letters to 4,535 affected property owners (excluding Council) were mailed on 19 November 2010 and the advertisement of the public exhibition for the OFS and draft FPMs were placed in local newspapers on 23, 24, 25, and 30 November and 1 and 2 December 2010. The relevant documents were available for inspection at Council’s Administration Centre and public libraries as well as on Council’s web site from 23 November 2010 to 28 February 2011. The initial closing date for the public exhibition was 24 January 2011. At the request of Councillors in late November 2010, the closing date was then extended to 28 February 2011.

Flood Prone Land Policy and other guidelines

The recognition and management of flood risk is an essential requirement to enable the protection of existing and future occupants of flood prone land from the ramification of floods. The management of flood prone land is the responsibility of Local Government.

The NSW Government has developed a Flood Prone Land Policy (FPLP) to support this management role. It is aimed at providing management options to existing flood problems in developing areas and ensuring that new developments are compatible with the flood hazard and does not create additional flooding problems in other areas.

To assist in implementing this policy, the NSW Government in April 2005 prepared the Floodplain Development Manual (FDM) with the intention to guide councils in developing and implementing their Flood Risk Management Plans (FRMPs). These FRMPs are intended to address three key issues:

1. Safety of people.

2. Management of potential damage to property and infrastructure.

3. Management of the cumulative impacts of development.

Further guidance for preparing the plans was also provided by the Department of Planning (DOP) through the release of Guidelines on Development Controls on Low Flood Risk Areas in January 2007. In addition, Ministerial Direction No. 15 (under Section 117 of the Environmental Planning and Assessment Act) made in January 2007 requires that the plans be consistent with the FDM when preparing the LEP.

To balance the protection of existing and future inhabitants from flood hazard, the FDM advises that lands should be categorised to show where controls will and will not be required to be identified. This will allow development controls under the LEP to be developed. Exempt and Complying Development Codes (the “Codes SEPP”) in an effort to streamline the development approval process can then be applied to non-flood planning areas and flood prone land assessed as low risks or hazard. Accordingly, development in flood planning areas based on the 100 year average recurrence interval (ARI) flood and assessed as high risks or hazard will need to be scrutinised through the Development Application (DA) process.

Methodology for Flood Study

To meet the main objective of identifying the urban properties affected by either overland flow or mainstream flooding, it was necessary to identify the areas to be modelled. Once these were defined, the appropriate type of modelling was then applied to each area:

1. Urban areas affected by overland flow/flooding.

2. Urban areas affected by mainstream flooding.

The modelling and analysis required for item 1 is a complex task in an urban environment such as Hornsby Shire. Council has engaged a consultant, Cardno Lawson Treloar Pty Ltd., to carry out this work. The technical details of the methodology used are given in the OFS report.

With recent advances in flood and overland flow modelling packages, it has been possible to create a model to define the overland flow behaviour across the entire urban area of the Shire. A two-dimensional computer model, TUFLOW, has been established to model the overland flows across the entire LGA using a fine 5 metre by 5 metre grid. This model, which was applied to eight modelling zones, has established preliminary overland flow extents across the urban areas.

The identification of properties that would be potentially affected was based on the following criteria:

Criterion 1 - the property is shown to have a piped or open drainage line through any part of the property as shown in the ‘pit and pipe GIS layer’ provided by Council;

Criterion 2 - the property (or part thereof) is inundated by overland flow to a depth greater than 150 mm during a 100 year average recurrence interval (ARI) design storm event;

Criterion 3 - any part of the property lies within 5 metres of a piped or open drainage line identified under Criteria 1, provided the drainage line is not located in a road reserve.

In addition to overland flow, flood extent maps for mainstream flooding covering Criterion 2 above have been prepared for the Hawkesbury River. This mapping is based on flood level information provided by Council, from previous studies of the Hawkesbury River. This data was based on information that was previously provided by Gosford City Council, and provides flood levels at cross sections moving along the River. This mapping was derived from a flood study that was undertaken in 1982 by NSW Public Works.

It is to be noted that an overland flow depth in excess of 150mm has been selected as the critical depth for the Hornsby study due to the relatively steep terrain of the Shire and taking cognisance that, in conjunction with the steep terrain, the velocity of the overland flow is relatively high as to cause storm damage and create a hazard for the community.

The selected study overland flow depth of 150mm is less than the 300mm depth given in the DoP guidelines for the preparation of Flood Planning Maps. The Floodplain Development Manual does however note that local drainage problems invariably involve shallow depths (less than 0.3m) with generally little danger to personal safety. As a result of the 150mm overland flow depth selected, the Study has identified more potentially flood prone properties that would not be able to benefit from the NSW Government’s complying development provisions than if the 300mm flow depth were used.

The adopted Study flow depth in excess of 150mm has however been discussed and endorsed by the Hornsby Shire FRMC as being appropriate for the Shire.

The draft FPMs placed on public exhibition are based on Criterion 2 only as it was considered to be a more reasonable and balanced approach than with the draft Overland Flow Maps based on all three criteria.

Outcomes of Flood Study

The main objective of the Hornsby Study was to identify urban properties that may be affected by overland flow/flooding based on the three criteria given under the study methodology.

A total of 7,815 urban properties out of a total of 45,062 have been identified as properties that may experience flooding due to overland flow (i.e. 17.3% of properties). A summary of the number of properties identified under Criterion 2 and Criteria 1 & 3 is tabulated below. It is to be noted that there are a number of properties which have been identified under both Criteria 1 & 3 and Criterion 2.

Criterion	Number of Properties	Percent of Total Properties
Criteria 1 & 3	6,170	13.7%
Criterion 2	4,879	10.8%
Total	7,815	17.3%

The maps resulting from the assessment for only Criterion 2 are proposed as the Flood Planning Maps for inclusion as an amendment to the new Hornsby Shire Comprehensive LEP when gazetted (i.e. the FPMs to be progressed as a separate Planning Proposal). The maps resulting from the assessment for all of the above three criteria are presented in the OFS as Overland Flow Maps to provide general stormwater management information to the community.

Flood Planning Maps

The Flood Study has been used to prepare Flood Planning Maps (FPMs), which after public exhibition and adoption by Council, will be included in the Hornsby Shire Comprehensive LEP to control development in the flood prone areas of the Shire.

Impacts on Properties identified in the FPMs

The properties identified in the FPMs will, following the public exhibition and adoption by Council, be designated as Flood Planning Areas with High Risk or Hazard in the Hornsby Shire Comprehensive LEP when gazetted. A DA will be required for any development in a Flood Planning Area, with a requirement to undertake a hydraulic study in conjunction with the development proposal. Where the extent of overland flow is significant, a more detailed hydraulic study will be required than if the extent of overland flow/flooding were minor and no development were proposed within the area of the lot affected by the overland flow.

FURTHER DoP GUIDELINES

There have been a number of recent changes to the Codes SEPP which have implications for the progression of Council’s draft Flood Prone Land Study. Council's Manager, Town Planning Services has provided the following advice:

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) has been amended to further encourage the uptake of exempt and complying development across the State. The amendments include provisions to enable complying development on flood control lots.

As of 25 February 2011, low hazard flood control lots are no longer excluded from the Codes SEPP. Complying development will be allowed on low risk flood control lots where it meets predetermined development standards and is certified by a suitably qualified person or Council. However, complying development will not be allowed on high hazard or high risk flood control lots including flood ways, flood storage areas, a flow path or areas identified on local flood plans as high hazard or high risk.

A series of fact sheets providing an overview of the changes to the Codes SEPP have been released by the Department of Planning and can be viewed on the Department’s website at http://housingcode.planning.nsw.gov.au. Fact Sheet 11 “Complying development on flood control lots” (copy attached) identifies what constitutes high hazard or high risk flood control lots and the process for assessing a complying development application on such lots. The Fact Sheet notes that Council mapping may categorise areas of hazard, such as low hazard (or low risk) and high hazard (or high risk). The mapping may be used by Council or a suitably qualified person to certify the category of risk of a property.

The amendments to the Codes SEPP have implications for the progression of Council’s draft Flood Prone Land Study and associated mapping. Accordingly, Council’s Flood Prone Land mapping should be reviewed to ensure certainty in categorising the risk of flooding for the purposes of interpreting the application of the Codes SEPP.

SUBMISSIONS ISSUED AND RECEIVED

Information relating to the number of notifications issued and submissions received for the public exhibition are as follows:

1. No. of Notifications issued: 4,535 (excluding Council-own properties)

2. No. of Submissions received: 596

The breakdown of notifications, and submissions received as well as a percentage of notifications issued by Suburb is given in Figure 1. It should be noted that figures relating to Brooklyn, Dangar Island, Milsons Passage and Singletons Mill come under properties affected by main stream flooding.

Figure 1 – Submissions Received by Suburb

PROPOSED PROCESS FOR CONSIDERING SUBMISSIONS

Proposed Process

The proposed process for considering submissions taking cognizance of changing DoP Guidelines and submissions received is:

1. Sensitivity analysis of some of the key assumptions of the modelling.

2. Revision of Mapping if considered necessary.

3. Identification of “high risk” overland flow affected properties, to reflect the current DoP guidelines.

4. Prepared report to Council addressing submissions received and recommending Council:

a. Adoption of the Hornsby OFS and FPMs, or

b. Re-advertise Revised FPMs, if considered necessary

Tasks for Proposed Process

The following tasks will be undertaken for the proposed process:

Process 1 – Sensitivity Analysis for Modelling Key Assumptions

There are four tasks for Process 1 as follows with Task 3 requiring a decision from Council:

Task 1 Preparation of mapping options for one of the model zones from the study. This will allow Council to determine the likely change in the number of properties identified across the LGA by looking at changes in only one of the model zones.

As discussed between the Consultants and Council officers, the Pennant Hills model zone (see Figure 2) has been selected for trial purposes based on the number of responses that have been received across the LGA. The mapping options to be undertaken are:

Task 1.1 Modelling of the 5 year ARI to simulate the effect of the pipes running at capacity, and mapping of the inundation for depths greater than 150mm.

Task 1.2 Mapping of properties with depths greater than 300mm or affected by high hazard for depths greater than 150mm, for both the 100 year ARI and the
5 year ARI

Task 2 Sensitivity analyses on the key parameters, such as rainfall and roughness has been undertaken in the original OFS. In the submissions received, there have been some questions on the effects of buildings and the stormwater drainage infrastructure on the overland flow extents, as well as the effect of the grid size. It is therefore proposed to undertake some sensitivity analysis to address this issue on a small pilot area. This will involve the modelling of just a few street blocks to understand the impact of these different features. The proposed location for the pilot model is in the Campbell Avenue area and is shown in Figure 2. The following tasks will be undertaken, for both the 5 year ARI and the 100 year ARI. The Pilot Model study area has been selected from within the Pennant Hills model zone identified in Task 1:

Task 2.1 Modelling of a smaller 2 metre grid size across the pilot model area to determine the impact that grid size has on the results of the OFS.

Task 2.2 Incorporation of pits and pipes into the model in Task 2.1 to determine the impacts that the stormwater infrastructure has on the results of the OFS.

A comparison will also be made with regard to the 5 year ARI extents without pipes to the 100 year ARI extents with pipes, as well as to determine if the assumption that the 5 year ARI is a good indicator of the 100 year ARI plus pipes.

Task 2.3 Incorporate buildings into the modelling as raised elements (or completely blocked to flow) to analyse the impacts of buildings on the overland flow extents.

Task 3 Decide on the Criteria for tagging as Flood Control Lots with High Risk or Hazard.

Tasks 1 and 2 have been undertaken for the model zone selected and the pilot Local Flood Model. The results are tabulated below:

	Number of Properties
	2 m Grid Model				5 m Grid Model
Criteria for Tagging a Property	100yr ARI without Pipes	5yr ARI without Pipes	100yr ARI with Pipes	100yr ARI with Pipes & Bldgs	100yr ARI without Pipes	5yr ARI without Pipes
Depth => 150mm	49	36	38	56	49	29
Depth =>300mm or Depth =>150mm & High Hazard	33	29	31	39	30	24

Based on the results obtained for the selected model zone for sensitivity analysis, Council should now decide on the criteria to be used for tagging the properties as Flood Control Lots with High Risk or Hazard (HR) as follows:

a. 100yr ARI without Pipes + Depth (D) => 150mm (49 properties)

(Criterion used for draft FPMs placed on public exhibition)

b. 100yr ARI with Pipes + D => 150mm (38 properties)

c. 5yr ARI without Pipes + D => 150mm (36 properties)

(surrogate for b - 100yr ARI with Pipes + D =>150mm)

d. 100yr ARI without Pipes + D => 300mm or 150mm and HR (33 properties)

e. 100yr ARI with Pipes + D => 300mm or 150mm and HR (31 properties)

f. 5yr ARI without Pipes + D => 300mm or 150mm and HR (29 properties)

It is recommended that Council adopts Criterion c - 5yr ARI without Pipes +
D => 150mm above as it is considered to be a reasonable surrogate for the
100yr ARI with Pipes and for an overland flow depth of 150mm (i.e. during a 100yr ARI storm, pipes are functioning and conveys the 5yr ARI stormflow with the remaining stormflow as overland flow). The result for this criterion can also be considered as reasonably representing the result that is obtained for criterion d -
100yr ARI without Pipes + D => 300mm or flow depth of 150mm and High Risk.

In deciding on the criterion to progress the FPMs, Council needs to be cognizant of the risk of not having the flood development controls in place sooner rather than later. This is due to the possibility of more complying developments being approved within flood prone land without any merit based DA assessments.

Task 4 Run remaining 7 model zones for the criteria selected.

Following Council’s decision on the criterion to be used for the tagging of properties, it is then necessary to run the model with the criterion selected for the seven (7) remaining model zones in order to carry out Process 2 – Revision of Mapping and Process 3 - Identification of Flood Control Lots with High Risk or Hazard.

Process 2 – Revision of Mapping

On completion of the running of the model for all eight modelling zones, the draft FPMs that were placed on public exhibition will need to be revised should Council decide on any of the criteria given in Task 3 with the exception of Criterion a on which the exhibited maps were based on.

Process 3 – Identification of Flood Control Lots with High Risk of Hazard

There are three tasks in Process 3 as follows:

Task 1 Desk top review of doubtful lots.

The desk top review will focus on doubtful lots where only a small extent of the property is affected by the 100yr ARI overland flow path and will consider:

a. Extent of lot affected by the overland flow.

b. Codes SEPP setback requirements.

Task 2 Site Inspection to confirm whether the lot should be a Flood Control Lot.

The site inspection will focus on whether the flood affected portion of the property is likely to be built on in the event that the property is redeveloped.

Task 3 Finalise identification.

Upon completion of the desk top study and site inspection, where considered necessary, the FPMs will be finalised.

Process 4 – Prepare report to Council addressing submissions and recommendation

There are four tasks in Process 4 as follows:

Task 1 Group submissions.

The submissions received will be grouped under various heads of consideration.

Task 2 Address submission comments.

The various heads of consideration from the submissions will be addressed for reporting to Council. Individual responses will not be provided as commonly practised for public exhibition.

Task 3 Prepare report to Council addressing submissions.

This report to Council will include a summary of the submissions received, grouping under the various heads of consideration and Council’s response, the Hornsby OFS and FPMs (with revisions if required), and recommendation.

Task 4 Report Recommendation.

The report to Council will include a recommendation to:

a. Adopt the Hornsby OFS and FPMs (with revisions if required), and/ or

b. Re-advertise the FPMs (with revisions if required).

Figure 2 – Model Zones for Hornsby Overland Flow Study

Timing for Proposed Process

Process 1 - Sensitivity analysis of some of the key assumptions of the modelling, Tasks 1 and 2 have been completed and reviewed by the Hornsby FRMC on 5 May 2011. The FRMC was in agreement with Criterion c (Task 3) being selected for identifying Flood Control Lots with High Risk or Hazard.

Council should now decide on the criterion to be selected under Task 3 to provide directions to officers to address the submissions received. Depending on the criterion selected by Council, Task 4 – Running of remaining 7 modelling zones is expected to take
4 weeks for running on the existing 5m grid size model and 14 weeks on a new 2m grid size model. It should be noted that a new 2m grid size model will take much longer to run, is more costly and most likely to include more properties based on the Campbell Avenue local area flood model that was undertaken.

Process 2 - Revision of Mapping if considered necessary and Process 3 - Identification of “high risk” overland flow affected properties is expected to take 4-6 weeks for both the 5m and 2m grid size models. This process will also be dependant on the number of requests received for site inspections and is currently unknown. A minimum of 6 weeks should be allowed.

Process 4 - Prepared report to Council addressing submissions received and recommendation is expected to take 3-4 weeks.

The timing for the submission of the report to Council would hence be a minimum of
17 weeks with the report expected to be submitted to Council for its 19 October 2011 Ordinary Meeting. This timing is subject to Criterion c being selected for the 5m grid size model and the potential site inspections that may be requested taking 6 weeks to complete.

Recommended Actions

Decide on Criteria for Tagging as Flood Control Lot

Council should now decide on the criterion to be selected from those presented in
Process 1, Task 3 so that officers can proceed with the consideration of the submissions received and prepare the report to Council addressing the submission comments and presenting the Hornsby OFS and FPMs (with revision if required) for Councils adoption and re-advertisement if required.

As discussed in Process 1- Task 3, it is recommended that Council adopts Criterion c - 5yr ARI without Pipes + D => 150mm for the 5m grid size model as a reasonable surrogate for the 100yr ARI (required by the DoP) with Pipes and for an overland flow depth of 150mm (as used for the public exhibition).

The adopted FPMs will then be submitted to the DOP as an amendment to the Hornsby Shire Comprehensive LEP when gazetted.

Endorsement of Proposed Processes for Considering Submissions

It is now recommended that Council endorse the proposed process for addressing submissions received as presented in this report so that Council officers have Council’s directions when undertaking this activity.

BUDGET

The estimated cost for undertaking the various tasks in the proposed process is approximately $22,000 to $27,000 depending on the final extend of study review based on the results of the initial tasks carried out.

The additional costs associated with this review/refinement of the flood study are anticipated to be covered by relevant grants from the State Government and the Works Division’s budget.

POLICY

There are no policy implications resulting from this report.

There will however, be policy implications resulting from the task to be undertaken as the properties identified in the draft FPMs will be required to submit DAs when undertaking development whereas there is currently no legal requirement for them to do so.

In conjunction with the submission of DAs, there will also be a requirement for hydraulic studies to accompanying such DAs to ascertain the impact of potential flooding on the development.

CONSULTATION

The preparation of the proposed process for considering submissions has been carried out in consultation with the relevant officers from the Environment, Planning and Works Divisions as well as the Consultants and DECCW (now known as the Department of Environment and Heritage).

The proposed process has been considered by the Hornsby Shire FRMC at its Meeting No. 3 held on 5 May 2011. Five Councillors, including the two councillors that are members of this Committee, were present at this meeting.

TRIPLE BOTTOM LINE SUMMARY

The TBL assessment summary for considering the submissions received for the public exhibition of the Hornsby Overland Flowpath Study and Draft Flood Planning Maps is as follows:

1. Working with our community.

This report is readily available to the community. Social equity will be considered as part of the process for the setting of flood planning controls.

2. Conserving our natural environment.

The Flood Planning Maps will lead to measures that minimise the impacts of stormwater on the natural environment. It is anticipated that the flood planning process will explore various measures, including storage and treatment of stormwater as well as better management of any impacts on bushland and environmentally sensitive areas.

3. Contributing to community development through sustainable facilities and services.

Community consultation is part of the flood planning process and the resulting increased public awareness of flooding issues will contribute to community development. Safety in the public environment will be improved through the identification of flood prone areas and their community participation required. Council will cater for the physical access needs of the community as required.

4. Fulfilling our community's vision in planning for the future of the shire.

The existing built and natural environment and their associated heritage values will be considered as part of the flood planning process. Improved flood management will promote the well-being of the community.

5. Supporting our diverse economy.

Better management of flooding will lead to reduced impacts and financial losses. Any restrictive development controls arising are in the public interest in the long term, although they may have some impacts on locally affected owners. There will be a neutral effect on local employment.

6. Maintaining sound corporate and financial management.

There is a budget allocation in 2010/2011 for the Flood Risk Management Plan process. The implementation of Flood Risk Management Plans over time will involve costs to Council, however, it will provide a substantial benefit to the community.

7. Other Sustainable Considerations.

There are no known negative impacts from this proposal at this stage.

RESPONSIBLE OFFICER

This report has been prepared by the Manager Assets, Mr Chon-Sin Chua in consultation with the Asset Engineer, Mr Alan Boyd, who can be contacted on telephone number
9847 6672 as Mr Chua will be on annual leave.

RECOMMENDATION

THAT Council:

Maxwell Woodward

Executive Manager

Works Division

Attachments:

1.View

DoP Fact Sheet 11 - Complying development on Flood Control Lots

File Reference: F2010/00292-02

Document Number: D01653395

Executive Manager's Report No. WK25/11

Works Division

Date of Meeting: 18/05/2011

16 WORKS PROGRESS REPORT - MARCH QUARTER 2011 - DESIGN AND CONSTRUCTION BRANCH

EXECUTIVE SUMMARY

This is a report on the progress of works which are carried out by the Design and Construction Branch of the Works Division for the third quarter of 2010/2011. Overall, projects were undertaken in accordance with the timing and budgets shown in the previously adopted program. A number of changes to the Program are highlighted under the heading of “Significant Impacts”, and reflected in the Gantt charts.

PURPOSE/OBJECTIVE

The purpose of this report is to provide information as to the progress of the various 2010/2011 Improvement Programs (Civil Works), and other works undertaken by the Design and Construction Branch.

DISCUSSION

Improvement Program

Construction works are carried out under Council's various Improvement Programs namely: Local Roads, Footpaths, Stormwater Drainage, Traffic Facilities and Special Projects. In addition to this, the Design and Construction Branch is involved in other works such as Catchment Remediation projects for the Water Catchments Team of the Environment Division and civil works for the Parks and Landscape Team.

The Gantt charts for the programs listed above, together with comments in the right hand column as to the status of each project, form part of this report.

Any change in the timing of construction for any project from the adopted program, is shown on the Gantt charts by shading the construction period shown on the previously adopted program.

Individual projects have been financed from Divisional allocations as previously approved by Council when it adopted the 2010/11 budget. If complementary grant funding identified for a project alters, the program will be reviewed and reported to Council in a subsequent quarterly review.

Significant Impacts

There have been a number of changes to the Program since reported (Report No. WK3/11) to Council at the February 2011 Ordinary Meeting. These changes include:

· Berowra Waters Road, Berowra Waters (0.5km east of Ferry). The budget amount has been changed from $350,000 to $420,000 to include $70,000 additional funding made available from Douglas Avenue, Wahroonga Local Road Project as outlined in Report No. WK14/11 for Tender No. T2/2011, reported to Council at the March 2011 Ordinary Meeting. Part of this additional amount is for contract contingency and if not required will be redirected to the Bloodwood Road project.

· Douglas Avenue & Lochville Street, Wahroonga. The budget amount has been changed to $285,000 and $20,000 respectively to reflect the final project expenditure for both projects.

· Oxford Street, Epping – Stage 2B. The budget amount has been changed from $977,000 to $1,030,000 to reflect the final expenditure. The additional funding was sourced from S94 – Epping Town Centre.

· Somerville Road, Hornsby Heights. The budget amount has been changed from $280,000 to $210,000 to reflect the final project expenditure. $70,000 has been transferred to Bloodwood Road.

· Bloodwood Road, Fiddletown – Stage 2B. This project has been brought forward from the 2011/2012 program to the Rural Local Road program. A budget amount of $70,000 has been made available from Somerville Road, Hornsby Heights Rural Local Road Project. Additional funds may be made available from Berowra Waters Road depending on the use of a contingency sum. The remainder of Stage 2 of this project will be included in the future rolling program for completion.

· David Road, Castle Hill – on road cycleway. The RTA has approved the transfer of funds from ‘County Drive, Cherrybrook - on road cycleway’ to the alternative bicycle route via David Road. The project name has been amended to reflect this change.

· Hornsby CBD Drainage – 73 Albert Street, Hornsby. The budget amount has been changed from $20,000 to $40,000 to reflect the fee proposal submitted by the consultant to progress the flood proofing investigation required at 73 Albert Street. The additional funding required will be made available from S94 Contribution for Civic and Urban Improvements – Drainage Fund.

· Parsley Bay, Brooklyn Stage 1 & 2 - Seawall repairs. The works have been extended to include Stage 2 in the current financial year. A total budget of $420,000 is available, $360,000 from Waste and Sustainability Improvement Payments (WaSIP) and $60,000 from Greenspace.

· Galston Road, Galston – Kerb and gutter at Galston Village. Scope of works and funds in the amount of $270,000 has been approved by the RTA. These works have been scheduled in the program (Gantt chart). These works are fully funded by the RTA.

· Cootamundra Road, Hornsby Heights – Bioretention. It has been necessary to defer this project until consent from the relevant Local Aboriginal Land Council is received as advised by the Land & Property Management Authority.

· Albion Street, Pennant Hills – Bioretention. This project has been added to the program to replace Cootamundra Road, Hornsby Heights – Bioretention project.

The Design and Construction Branch has a number of staff vacancies in the Design Team. These staff vacancies will have an impact on preconstruction activities for the 2011/2012 Program. Some additional contract resources are being utilised with a view of catching up on programs. Progress in this regard will be monitored and further reported in the future.

Tenders/Contracts

Tenders called during the March quarter were:

1. Sprayed Bituminous Surfacing

2. Widening Berowra Waters Road

Current contracts include:

1. Grinding of Concrete Footpaths

2. Construction of John Purchase Oval Extension and Car Park at 46-60 Purchase Road, Cherrybrook

3. Construction of Vehicular Crossings and Footpaths

4. Design and Project Management – Storey Park Community and Child Care Centre

5. Material Testing of Site Investigation

6. Concreting Form and Finish

7. Supply of Delivery of Precast Concrete Drainage Products

8. Electrical Services

9. Supply and Delivery of Road Materials

10. Supply and Delivery of Concrete

11. Design and Construction Epping Water Harvesting Schemes

12. Patching of Road Pavements in Full Depth Asphalt

13. Supply and Lay Asphaltic Concrete

14. Grass Cutting of Roadsides

15. Minor Asphalt Works

16. Stabilisation of Road Pavements

17. Plumbing Services

18. Sprayed Bituminous Surfacing

19. Pavement Marking (NSROC)

20. Grass Cutting of Roadsides

21. Cherrybrook Community Childcare Facility – Consultant to Finalise Plans and Documentation

22. Construction of Hornsby Ku-ring-gai District Rural Fire Centre and Emergency Facility

23. Hornsby Quarry – Land Filling Approval

24. Design and Construction Management of Hornsby Aquatic Centre

Vehicular Crossing Construction

The Design and Construction Branch is also responsible for issuing plans and specifications and supervising vehicular crossing construction. Property owners have the choice of using a contractor from Council's Authorised Contractors List, or pay Council to construct vehicular crossings on their behalf. There are currently 62 Authorised Contractors, including three new contractors authorised during the quarter.

During the March quarter 60 plans and specifications were issued and nil crossings were constructed by Council's contractors.

BUDGET

Any budget implications are covered under the heading of “Significant Impacts” in this report.

POLICY

There are no policy implications.

CONSULTATION

The program has been developed in consultation with the respective program managers.

TRIPLE BOTTOM LINE SUMMARY

As this report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The responsible officer is the Manager, Design and Construction branch Mr Rob Rajca telephone 9847 6675 between 8:30 a.m.-5:00 p.m., Monday to Friday.

RECOMMENDATION

THAT the contents of Executive Manager’s Report No. WK 25/11 be received and noted.

Maxwell Woodward

Executive Manager

Works Division

Attachments:

There are no attachments for this report.

File Reference: F2004/05959-02

Document Number: D01653734

Executive Manager's Report No. WK27/11

Works Division

Date of Meeting: 18/05/2011

17 2011/2015 4-YEAR ROLLING WORKS IMPROVEMENT PROGRAMS

EXECUTIVE SUMMARY

The 2011/15 4-Year Rolling Works Improvement Programs as per the proposed Current Budget and subject to approval to the proposed Rate Increase, are presented for Council's consideration and adoption.

Amounts of $2,500,000 and $116,000 have been allocated for Local Road Improvements and Footpath Improvements, respectively in the draft 2011/12 Budget. The $2,500,000 allocation comprises annual funding of $2,150,000 (General Funds $1,733,000, Extended 3x3 funding of $117,000, R2R3 funding of $300,000) and RTA 2011/12 REPAIR Program Funding of $350,000. In addition, an amount of $25,000 has also been allocated towards the Rural Road Management Plan - Implementation of Long Term Recommendations. The REPAIR Program Funding is $350,000 for Pacific Highway, Hornsby – Galston Road to Jersey Street North kerb and gutter, shoulder and drainage construction Stage 2. The RTA funding is subject to the adoption of the State Budget for 2011/12.

The funding allocation for Local Road Improvements takes into consideration the following:

• The implementation of the long term recommendations of the Management Plan for Rural Roads, and the Sealing of Unsealed Roads.

• Council’s 50 per cent funding contribution for the RTA REPAIR Program.

The funding allocation is in accordance with Council's Policy, "Road Improvement Projects - Funding Allocation". Details of the funding allocation are given in Table 1 and the recommended funding is summarised in this section.

Amounts of $2,250,000 have been proposed for the Local Road Improvements with the Rate Increase. The amounts proposed for Footpath Improvements with the Rate Increase are: 2011/12 - $416,000; 2012/13 - $266,000; and for 2013/14 and 2014/15 - $216,000.

The projects recommended for inclusion in the next 2011/15 4-Year Rolling Works Improvement Programs as per budget and in the event of Council’s Rate Increase Application being approved are presented at:

· Appendix A1 - Local Road Improvement Programs as per budget

· Appendix A2 - Local Road Improvement Programs with rate Increase

· Appendix B1 - Footpath Improvement Programs as per budget

· Appendix B2 - Footpath Improvement Programs with rate Increase

Summary of Recommended Funding for 2011/12

Programs

A Ward

B Ward

C Ward

Rural

Total

Local Road Improvement

- Proposed Allocation

$1,800,000

$650,000

$ 650,000

$200,000

$2,500,000

Rural Road Management Plan

- Proposed Allocation

$ 0

$ 25,000

Footpath Improvement

- Proposed Allocation

$ 34,000

$ 14,000

$ 116,000

OBJECTIVE

The objectives of the rolling works improvement programs are to improve and provide civil infrastructure such as roads and footpaths in a safe, serviceable, efficient and effective manner and to ensure that the facilities meet the needs of the community. Such infrastructure shall be provided and improved in accordance with programs adopted by Council.

This report recommends the 2011/15 4-Year Rolling Works Improvement Programs for Local Roads and Footpaths for Council's consideration and adoption. The projects recommended are generally in accordance with Council’s 2011-2015 Delivery Program but with some changes made to allow for Council’s successful RTA 2011/12 REPAIRS Program project.

This report also recommends, in the event that the Rate Increase Application is approved, the 2011/15 4-Year Rolling Works Improvement Programs with Rate Increase for Local Roads and Footpaths for Council's consideration and adoption.

BACKGROUND

Amounts of $2,500,000 and $116,000 have been allocated for Local Road Improvements and Footpath Improvements, respectively in the draft 2011/12 Budget. In addition, an amount of $25,000 has also been allocated towards the Rural Road Management Plan - Implementation of Long Term Recommendations. The $2,500,000 allocation comprises annual funding of $2,150,000 (General Funds $1,733,000, Extended 3x3 funding of $117,000, R2R3 funding of $300,000) and RTA 2011/12 REPAIR Program Funding of $350,000.

Council should now consider and adopt the projects recommended for the 2011/12 Improvement Program which is presented as the first part of the 2011/15 4-Year Rolling Works Improvement Programs for Local Roads and Footpaths. Funding for the 2011/12 programs have been allocated in the draft 2011/12 Budget to be considered and adopted by Council in June 2011. Funding for the 2012/13, 2013/14 and 2014/15 programs will be subject to adoption by Council at the appropriate time in May 2012, May 2013 and June 2014 respectively.

It is to be noted that it is essential to determine a list of future projects for the 4-year rolling programs. This will ensure that there is adequate time for undertaking pre-construction activities (including community consultation) in the year prior to that earmarked for construction.

Council should also consider and adopt the projects recommended for the 2011/12 Improvement Program with Rate Increase which is presented as the first part of the 2011/15 4-Year Rolling Works Improvement Programs for Local Roads and Footpaths with Rate Increase. Funding for the 2011/12 programs with rate increase have been proposed in the Rate Increase Application. Funding for the 2012/13, 2013/14 and 2014/15 programs will be subject to adoption by Council at the appropriate time in May 2012, May 2013 and June 2014 respectively. In the event that the Rate Increase Application is approved, the 2011/15 4-Year Rolling Works Improvement Programs with Rate Increase for Local Roads and Footpaths for Council's consideration and adoption.

ALLOCATION OF FUNDING

The funding allocation for Local Road Improvements in the draft 2011/12 Budget is $2,500,000. This funding allocation does not include funding for the implementation of the long term recommendations for the Rural Road Management Plan but includes part funding for the Sealing of Unsealed Roads. The funding allocation for Footpath Improvements in the draft 2011/12 Budget is $116,000.

Management Plan for Rural Roads

Council has previously concurred with the suggestion that the implementation of medium and long term recommendations for the Rural Road Management Plan be funded from the rural component of the Local Road Improvement Programs.

An amount of $25,000 has been separately allocated in the draft 2010/11 Budget for implementation of the long term recommendations. It is considered that this amount should be added to the annual Local Road Improvement Program allocation of $2,150,000 for funding distribution towards projects throughout the Shire. The total amount available for distribution among the three Wards and the Rural area for improvement projects is hence $2,175,000 ($2,150,000 + $25,000).

Sealing of Unsealed Roads

Council in considering Executive Manager's Report No. WK65/04 - Strategy for Unsealed Rural Roads at its Ordinary Meeting held on 8 December 2004 resolved to adopt the Unsealed Road Strategy and the Implementation Program presented in that report. Council also resolved that funding for the implementation program be allocated from the Unsealed Road Maintenance Program and the Rural component of the Local Road Improvement Programs.

As recommended in Report No. WK65/04, amounts of $300,000 from the Unsealed Road Maintenance Program and $200,000 from the Rural component of the Local Road Improvement Program have been allocated for the sealing of unsealed roads in 2011/12.

Recommended Funding Allocation

The recommended funding allocations for 2011/12 are presented in Table 1. The recommended allocations are in accordance with Council's Policy, "Road Improvement Projects - Funding Allocation".

The recommended allocations takes into consideration funding to be made for implementing the long term recommendations (Year 8 of 10) from the Rural Road Management Plan (RRMP) and the Unsealed Roads Sealing Program (Year 7 of 10).

For the 2012/13, 2013/14 and 2014/15 rolling programs, funding allocations of $2,150,000 per year have been assumed for Local Roads and $116,000 for Footpaths. The recommended allocation and funding for the Local Road Improvement Programs for 2012/13, 2013/14 and 2014/15 are presented in Table 2.

2011/15 ROLLING WORKS IMPROVEMENT PROGRAMS

The priority listing of projects in the current 2010/14 4-Year Rolling Works Improvement Programs and requests from Councillors and ratepayers during 2010/11 have been taken into consideration when formulating the next Rolling Programs. To tie in with the Delivery Program which comes into effect in 2012, 4-year rolling works improvement programs have been developed.

A Rate Increase Application has been made to IPART. In the event that the rate increase is approved, the 2011/15 4-Year Rolling Works Improvement Programs with Rate Increase have also been developed.

The projects recommended for inclusion in the next 2011/15 4-Year Rolling Works Improvement Programs as per the budget and with rate increase are presented at:

• Appendix A1: Local Road Improvement Programs

• Appendix A2: Local Road Improvement Programs with Rate Increase

• Appendix B1: Footpath Improvement Programs

• Appendix B2: Footpath Improvement Programs with Rate Increase

In recommending projects for inclusion in future programs as per budget and with rate increase, reference is made to the priority list for each Ward. A number of projects with total costs closest to the allocated funding for each ward are then recommended for inclusion in a program. Where practicable, projects are split into two stages to enable the project to be undertaken over two successive years within the funding allocation.

Council should now consider and adopt the next 4-year rolling works improvement programs so that pre-construction activities for the projects recommended for the 2012/13, 2013/14 and 2014/15 programs can be undertaken in "good" time to ensure the timely completion of programs within approved project budgets.

Table 1 - Recommended Funding Allocation - 2011/12 Works Improvement

Programs

A Ward

B Ward

C Ward

Rural

Total

Local Road Improvement

2011/12

- Basic allocation (3:3:3:1)

- Adjustment for Unsealed Roads

- Less Allocation to RRMP

- Recommended Allocation for

2011/12

- RTA REPAIR funding - 2010/11

- Funding after adding RTA Funds

$652,000

- $ 2,000

$ 0

$650,000

$350,000

$1,000,000

$652,000

- $ 2,000

$ 0

$650,000

$ 0

$650,000

$652,000

- $ 2,000

$ 0

$650,000

$ 0

$650,000

$219,000

+$ 6,000

- $ 25,000

$200,000

$ 0

$200,000

$2,175,000

$ 0

- $ 25,000

$2,150,000

$ 350,000

$2,500,000

Rural Road Management Plan

- Rural Component Funding for

RRMP Long Term Recs

- Proposed Allocation

$ 0

$ 0

$ 0

$ 0

$ 0

$ 0

$ 25,000

$ 25,000

$ 25,000

$ 25,000

Footpath Improvement

- Proposed Allocation

$ 34,000

$ 14,000

$ 116,000

BUDGET

The adoption of the 2011/15 4-Year Rolling Works Improvement Programs is subject to the adoption of Council's 2011/12 Budget. Its adoption would also indicate the level of funding that needs to be considered for future local road and footpath improvement programs in the 2012/13, 2013/14 and 2014/15 budgets. The funding allocations for 2012/13, 2013/14 and 2014/15 are however subject to adoption by Council in conjunction with future budget considerations.

POLICY

This report complies with Council’s Policy reference POL00119, "Road Improvement Projects - Funding Allocation ".

CONSULTATION

Officers from the Assets, Design & Construction, and Traffic & Road Safety Branches of the Works Division were consulted in the preparation of this report.

Table 2 - Recommended Future Funding Allocations

- 2012/13, 2013/14 and 2014/15 Works Improvement Programs

Programs

A Ward

B Ward

C Ward

Rural

Total

Local Road Improvement

- Basic allocation (3:3:3:1)

- Adjustment for Unsealed Roads

- Less Allocation to RRMP

- Recommended Allocation

$652,000

- $ 2,000

$ 0

$650,000

$652,000

- $ 2,000

$ 0

$650,000

$652,000

- $ 2,000

$ 0

$650,000

$219,000

+$ 6,000

- $ 25,000

$200,000

$2,175,000

$ 0

- $ 25,000

$2,150,000

Rural Road Management Plan

- Rural Component Funding for

RRMP Long Term Recs

- Proposed Allocation

$ 25,000

$ 25,000

$ 25,000

$ 25,000

Footpath Improvement

- Proposed Allocation

$ 34,000

$ 14,000

$ 116,000

TRIPLE BOTTOM LINE SUMMARY

The TBL assessment summary for the 2011/15 4-Year Rolling Works Improvement Programs presented is as follows:

Working with our community

This report and the Proposed 2011/15 4-Year Rolling Works Improvement Programmes as per budget and with rate increase being presented to Council for adoption are readily accessible and understandable to the community. The programmes presented promote social equity by undertaking local road and footpath improvement projects throughout the Shire on a priority basis.

Conserving our natural environment

The road and footpath improvement activities in the various programmes facilitate the recovery of materials such as profiled materials during road surfacing work and the use of existing materials for road base stabilisation where required. Recycled crushed concrete footpath slabs are used for some drainage and road sub-base construction works.

Contributing to community developments through sustainable facilities and services

The proposed local road and footpath improvement projects will have positive effects on the safety of the public environment, as well as the development of a healthy, equitable and active community.

Fulfilling our community's vision in planning for the future of the Shire

The local road and footpath improvements proposed will give special consideration to heritage values of the natural and built environment such as retention of trees wherever possible and practicable. The well-being of the area's current and future population will also be promoted by providing new footpaths and improving local roads with the view to improving user safety and mitigating or minimising drainage problems.

Supporting our diverse economy

Providing new and improving existing Council assets will have a positive effect on economic development in people wanting to live and work in the Shire.

Maintaining sound corporate and financial management

The proposed local road and footpath improvements will ensure that asset life-cycle costs are minimised and assets are able to function as planned during their life cycle. The proposed new footpaths and local road improvements will increase the value of Council's assets.

Other Sustainability Considerations

Potential negative impacts from the local road and footpath construction activities have been identified in the Review of Environmental Factors for such activities and appropriate measures will be undertaken to avoid or minimise such impacts.

RESPONSIBLE OFFICER

The responsible officer is the Manager, Assets Branch, Mr Chon-Sin Chua, telephone number 9847 6677.

RECOMMENDATION

THAT:

3. An amount of $25,000 is allocated in the 2011/12 Budget for the Local Road Improvement Program Rural Component to implement the Rural Road Management Plan Long Term Recommendations, Year 8 of 10.

4. An amount of $200,000 is allocated in the 2011/12 Budget for the Local Road Improvement Program Rural Component for the Sealing Unsealed Roads Implementation Program, Year 7 of 10.

Maxwell Woodward

Executive Manager

Works Division

Attachments:

1.View	Appendix A1 - 2011/15 4-Year Rolling Local Road Improvement Programs.
2.View	Appendix A2 - 2011/15 4-Year Rolling Local Road Improvement Programs - Rate Increase.
3.View	Appendix B1 - 2011/15 4-Year Rolling Footpath Improvement Programs.
4.View	Appendix B2 - 2011/15 4-Year Rolling Footpath Improvement Programs - Rate Increase.

File Reference: F2004/05959-02

Document Number: D01656112

Executive Manager's Report No. WK29/11

Works Division

Date of Meeting: 18/05/2011

18 WORKS PROGRESS REPORT - MARCH 2011 QUARTERLY - TRAFFIC AND ROAD SAFETY BRANCH

EXECUTIVE SUMMARY

This report provides Council with information on the works and activities undertaken by the Traffic and Road Safety Branch for the period 1 January 2011 to 31 March 2011. The report outlines the numerous and diverse projects undertaken by the Branch during the 2010/11 Annual Operating Program.

PURPOSE/OBJECTIVE

The objective of this report is to provide Council with an overview of the functions of the Traffic and Road Safety Branch during the period of review and to seek Council’s endorsement of the activities undertaken.

DISCUSSION

The Traffic and Road Safety Branch comprises 18 staff, i.e. 1 x Senior Traffic Engineer, 1 x Transport Planner, 1 x Assistant Traffic Engineer, 1 x Traffic Officer, 1 x Road Safety Officer, 9 x Rangers, 1 x Ranger Coordinator, 1 x Branch Secretary, 1 x Administration Assistant and 1 x Manager. The areas of responsibility within the Branch are; Traffic and Transport Planning, Traffic Engineering, Traffic and Road Safety Education and Traffic and Car Parking Enforcement. The core activities undertaken within these areas of responsibility are:-

* Management and Administration

* Traffic Management

* Traffic and Transport Planning

* Car Parking Management

* Road Safety Education

* Bicycle and Pedestrian Facilities Planning

* Development Assessment

Management and Administration

The Traffic and Road Safety Branch has two responsibility centres within the Annual Operating Plan, Traffic and Road Safety and Traffic and Parking Enforcement and as such it is required to provide budget control, program reports through quarterly reviews, program development, annual reporting and human resource management.

Traffic Management

Council is the responsible Authority for the management of traffic on public streets within its proclaimed boundaries other than classified roads. However, the Roads and Traffic Authority has revoked Council’s delegated powers to approve traffic facilities that prevent or restrict access of vehicles or pedestrians on public roads and approve some categories of parking restrictions near public transport infrastructure. Council remains an applicant for the implementation of any restriction, e.g. road closures, turning restrictions, etc., on public roads and “No Parking” and “No Stopping” restrictions on currently unregulated roads within a kilometre of Berowra railway station. These applications are determined by the Roads and Traffic Authority.

During the period under review 11 items were referred to the Local Traffic Committee for a recommendation as shown in Attachment 1. Throughout all of the above projects the community was consulted and where possible amendments made to suit the community’s needs or requests.

Considerable staff time has been spent dealing with the M2 Upgrade works, especially with regard to temporary traffic management on Council roads required for a temporary cycleway diversion, construction staging and construction access to the M2 corridor.

Traffic and Transport Planning

As a Road Authority, proactive measures are required to ensure proposals comply with adopted standards, guidelines and best practice.

Major Traffic and Transport Planning projects undertaken during March 2011 quarter are outlined below:

· Updating of Hornsby CBD and Shire traffic models (on-going)

· Maintain database for traffic and transport planning

· Hornsby Shire Housing Strategy

· Development of Hornsby Town Centre Car Parking Management Actions

· Review and assessment of Hornsby Shire Road Hierarchy

· Review and implementation of Hornsby Shire Integrated Land Use & Transport Strategy (on-going)

· Review and assessment of access options for Hornsby Quarry site and Hornsby Aquatic Centre

· Epping Town Centre Study

Since June 2009 considerable time has been spent negotiating with private operators to implement a Carshare scheme in Hornsby town centre, the challenge being to develop a scheme that is cost neutral to Council. A Request for Quotation was sent to the two interested companies on 27 August 2009 with a closing date of 30 March 2010. As no conforming bids were received Council staff negotiated with the companies attempting to develop a cost neutral proposal. The results were due to be reported to Council in late 2010 after legal advice regarding the proposed terms and conditions has been obtained. However the interested company was taken over by another operator and the new owner required changes to the terms of agreement. A full report on this matter will be prepared for the June 2011 Ordinary Meeting.

Car Parking Management

In addition to patrolling on street parking restrictions Traffic Rangers are contracted to patrol private parking areas used by the public. Discussions are on going with Coles regarding patrols of the Thompsons Corner car park. 1294 parking spaces in 15 car parking areas within the Shire are currently patrolled as shown in Attachment 1.

Car Parking Management activities carried out during the period under review include:-

* 179 (192) patrols of schools to enforce parking regulations.

* 2,316 (2,914) infringement notices were issued.

* 4 (6) matters were defended in Hornsby Local Court.

(--) denotes activities from January to March 2010.

The use of electronic handheld devices for the issuing of traffic infringement notices commenced in June 2008. The devices allow improved data collection and transfer of data between the State Debt Recovery Office and Council.

Road Safety Education

The temporary Road Safety Officer replacing the officer on maternity leave resigned in January 2011 but was able to deliver almost all the projects funded or part funded by the RTA including -

· Drink Drive - wallet card with the latest train and bus information as of 10/10/10 was distributed around all drinking establishments to raise awareness of other methods to get home during the Christmas and New Year period. (RTA funding confirmed) - COMPLETED

· Driver Fatigue - Media campaign - to start later in 2011

· Senior Driver Refresher - A informal driver refresher workshop for seniors – to coincide with seniors week in March

· Child Restraint Safety Checks – 30 vouchers available on request

· Are We There Yet - Youth/Speed Project - Youthsafe presentations offered to all high schools and youth groups

· Safety outside Schools – Education and information packages distributed to schools prior to enforcement commencing at start of first school term

· Graduated Licensing Scheme workshops - Held in Berowra in 17 Feb 2011

· Seniors’ Calendar – calendar with road safety facts for senior drivers – NSROC project. - COMPLETED

Bicycle, Pedestrian and Public Transport Facilities and Planning

The position has been deleted from the establishment in order to meet corporate budget targets, however Branch staff have been involved in –

· Audit of all bus stops across the Shire in accordance with Disability Discrimination Act requirements

· Prioritising bicycle projects for Design and Construction Branch, and providing input into other traffic management and road construction projects to improve pedestrian and bicycle access where possible

· Public consultation and development of Brooklyn Shared Path Report

Development Assessment and advice on Town Planning Issues

The Traffic and Road Safety Branch provides advice to the Planning Division on ‘as needed’ basis. During the period under review, traffic comments and impact assessments were made on 13 development applications as shown in Attachment 1.

BUDGET

There are no budget implications intended in this report.

POLICY

There are no policy implications.

CONSULTATION

There is ongoing extensive consultation with the community and other stakeholders during the course of the traffic facility and bicycle program implementation.

TRIPLE BOTTOM LINE SUMMARY

As this report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The responsible officer for this report is the Manager Traffic and Road Safety Mr Lawrence Nagy telephone 9847 6524.

RECOMMENDATION

THAT Council endorse the activities undertaken by the Traffic and Road Safety Branch for the period 1 January 2011 to 31 March 2011.

Maxwell Woodward

Executive Manager

Works Division

Attachments:

1.View

Traffic and Road Safety Branch 1 January to 31 March 2011

File Reference: F2005/00001

Document Number: D01659274

Executive Manager's Report No. WK30/11

Works Division

Date of Meeting: 18/05/2011

19 HORNSBY QUARRY AND ADJOINING LANDS

EXECUTIVE SUMMARY

Council at its Ordinary meeting of 12 August 2009 resolved to go ahead with seeking approval for filling the quarry with VENM and to prepare a Masterplan for a range of options for the provision of public recreation and open space on the lands comprising the Quarry and Old Mans Valley.

Council engaged Cardno (NSW) Pty Ltd in May 2010 for Contract C28/2009: Hornsby Quarry: Land Filling Approval. Stage 1 – Approval Process has been completed with the Department of Planning verbally advising that the project would not have been granted major project status and as such would not be assessed under Part 3A of the EP&A Act. Therefore it is recommended that Council now commence Stage 2A – Local Plan Making to rezone and reclassify the land before a development application can be progressed for the filling of the Quarry.

The pumping the water out of the quarry void commenced in December 2009 and is continuing. The current water level is approximately RL36.5 (AHD).

PURPOSE/OBJECTIVE

The purpose of this report is to provide Council with an update on progress with Hornsby Quarry and Adjoining Lands.

DISCUSSION

Council at its meeting of 12 August, 2009 resolved in part:

THAT:

3. The necessary planning and environmental approvals that will enable the quarry pit to be filled with VENM material to a level to be determined as part of that process be pursued.

Council engaged Cardno (NSW) Pty Ltd in late May 2010 for Contract C28/2009: Hornsby Quarry: Land Filling Approval.

The contract requires Cardno to manage the process for Council to gain approval to allow for filling of the quarry void with Virgin Excavated Natural Material (VENM).

The contract is in two (2) distinct stages:

Stage 1 - Approval Process, requires the preparation of a preliminary justification report and consultation with the Department of Planning (DoP) to seek a determination by the Minister for Planning as to whether a proposal to fill the Quarry constitutes a major project for the purposes of Section 75B of Environmental Planning and Assessment Act, 1979 (the Act).

Stage 2A - Concept Plan Approval under Part 3A of the Act, is subject to the Minister’s declaration that the development is a major project and therefore shall be assessed under Part 3A, the project requires the preparation and management of a concept plan to fill the Quarry in accordance with Section 75M of the Act.

Stage 2B – Local Plan Making, would be used if the Minister determines that the development is not a major project and will not be considered under Part 3A of the Act, then rezoning and reclassification of the land will be required before a development application could be progressed for the filling of the Quarry pit.

Progress to Date

A Council Working Party has been formed to assist and advise Cardno in proceeding with this project.

Four meetings of the Council Working Party have been held with Cardno to date and discussed the approach Council should take to obtain DoP approval for a Part 3A assessment. It was agreed that before making a submission to the DoP, that Council should seek support from several Government Infrastructure agencies for the potential use of the quarry as an appropriate site for the disposal of excess spoil (VENM). Letters have been sent to the RTA and Transport Construction Authority (TCA) seeking support. Both the RTA and TCA, without making any firm commitments, have responded favourably.

Cardno also wrote to the Executive Director – Major DA Assessment in the DoP outlining Council’s position and advising that it proposed to lodge a Preliminary Justification Report in support of the proposal being considered under Part 3A (Section 75B) of the EP&A Act.

Cardno lodged the Preliminary Justification Report with the DoP on 8 December 2010 (D01562688). On the same day Cardno (and Council) received a response to the abovementioned letter to the DoP. The DoP advised that it does not consider the proposal meets the requirements to be considered a Part 3A assessment. Jenny Smithson, National Planning Discipline Leader at Cardno, responded to the DoP requesting that, in any case, the Preliminary Justification Report should be assessed.

In April 2011, the DoP advised that the project would not have been granted major project status and as such would not be assessed under Part 3A of the EP&A Act. Furthermore, VENM was seen by the DoP as a scarce commodity and there were other options for any that resulted from major infrastructure projects rather than filling the quarry. Given the new Government’s recent announcement to abolish Part 3A it is unlikely to be a feasible option in any event.

Although Council has not received written confirmation from the DoP, at a meeting held on 15 April 2011, Council staff and Cardno agreed that pursuing the Part 3A course is no longer viable and Council should now commence Stage 2B – Local Plan Making. Nevertheless, Cardno are still seeking written confirmation of the Department of Planning’s verbal advice.

Other issues

Pumping water from quarry

Pumping out water from the quarry is continuing and the water level is now down to approximately RL 36.5 (AHD). The water level has dropped over five metres from when pumping started, however there have been two significant rainfall events (including a 100 year storm in February 2010) during this time which collectively have added approximately four metres of water.

Monitoring of water quality is being carried out by the Water Catchments Team and all water quality test results are within acceptable limits.

BUDGET

Contract C28/2009: Hornsby Quarry: Land Filling Approval was awarded to Cardno for the following Lump Sum amounts:

Stage 1 & 2A $345,300 (excluding GST)

Stage 1 & 2B $333,250 (excluding GST)

Expenditure to date is $152,000, including project management costs.

If Council endorses the recommendation to proceed with Stage 2B there will be a saving of approximately $11,000 however Council will now need to carry out an extensive Public Consultation process that will require additional funding.

POLICY

There are no policy implications.

CONSULTATION

The report has been prepared in consultation with the Town Planning Services Branch.

TRIPLE BOTTOM LINE SUMMARY

As this report simply provides Council with information and does not propose any actions which require a sustainability assessment, no Triple Bottom Line considerations apply.

RESPONSIBLE OFFICER

The responsible officer is Craig Clendinning, Project Coordinator, Design and Construction Branch who can be contacted on telephone 9847 6701 between 8.30am - 5.00pm, Monday to Friday.

RECOMMENDATION

THAT

1. The contents of Executive Manager’s Report No. WK30/11 be received and noted.

Maxwell Woodward

Executive Manager

Works Division

Attachments:

There are no attachments for this report.

File Reference: F2004/08984-07

Document Number: D01663582

1.View	Attachment 1 - Doctor's Letter - Support removal of tree
2.View	Attachment 2 - Letter of Support for Tree Removal
3.View	Attachment 3 - Photo - Tree at 6 Peppermint Gum Place, Westleigh	Included under separate cover