agenda of ordinary meeting 14/09 - 25 august 2009...report prepared by: group manager - corporate...

Council Meeting

AGENDA NO. 14/09

Meeting Date: Tuesday 25 August 2009 Location: Council Chambers, Level 6 Time: 7.30pm

NOTICE OF BUSINESS Item REGISTERS - State Environmental Planning Policy No. 1 .............................. 1 2 COUNCILLOR WORKSHOPS ......................................................................... 3 3 INVESTMENT REPORT - JULY 2009 ............................................................. 6 4 NSW LOCAL INFRASTRUCTURE FUND - Project Nomination ...................... 9 5 COUNCIL POLICIES - THE PAYMENT OF EXPENSES AND

PROVISION OF FACILITIES FOR THE MAYOR AND OTHER COUNCILLORS AND THE CODE OF CONDUCT ........................................ 13

6 MANAGEMENT PLAN IMPLEMENTATION - 1 APRIL - 30 JUNE 2009........ 17

CONFIDENTIAL ITEMS 7 UPDATE ON COURT ACTIONS.................................................................... 30

PRECIS OF CORRESPONDENCE FOR CONSIDERATION 1 UPDATED SMOKE-FREE OUTDOOR AREAS RESOURCE KIT ................... 1 2 SERENITY NSW Inc. ....................................................................................... 3 3 PROPOSAL FOR NSW FEDERAL ELECTORAL REDISTRIBUTION............. 9

NOTICES OF MOTION 1 MIDWAY SHOPPING CENTRE - Traffic Management Issues -

Councillor O'Donnell......................................................................................... 1 2 WEST RYDE & GLADESVILLE EVENTS & PROMOTIONS

COMMITTEES - Councillor Li .......................................................................... 1 3 LOCAL PARTNERSHIP GRANTS - Councillor Li ............................................ 1 4 MARSFIELD PARKING METERS - Councillor Li ............................................. 1 5 ROUNDABOUT SAFETY - Councillor Petch.................................................... 2

NOTICES OF RESCISSION There are no Notices of Rescission

General Manager's Report Page 1

Agenda of Council Meeting No. 14/09, dated 25 August 2009.

1 REGISTERS - State Environmental Planning Policy No. 1

Report prepared by: Manager Assessment Report dated: 17 August 2009 File No.: COR2006/1529 - BP09/631

Report Summary Please find below DAs approved in the period 1 July 2009 to 10 August 2009 with a variation using State Environmental Planning Policy No. 1 (SEPP 1).

Date of Determination

Property Address DA No. Description Description of variation

Amount of variation &

what was the variation for

14/7/09 21 Rocca Street, Ryde 2009/163

New two storey dwelling.

Variation to the Ryde Planning Scheme Ordinance in relation to allotment size. The subject site has an area of 505.9m2.

Variation of 12.77% to allotment size.

14/7/09 208-214 Blaxland Road, Ryde

2008/630

Demolition, construct 4 storey residential flat building containing 24 units.

Variation to the Ryde Planning Scheme Ordinance in relation to setback from the main road. The subject development is set back 8-10m from the main road. The front building alignment is well articulated and is comparable to other residential flat buildings on Blaxland Rd. The front setback provides for deep soil landscaping and increases availability of more useable/functionable open space at the rear of the site. The variation is consistent with the advice of Council's Urban Design Review Panel.

Variation of 33% to setback from the main road.

22/7/09 267 Victoria Road, Gladesville

MOD 2009/76

Excavation under carspace to create additional storage area.

Variation to the Ryde Planning Scheme Ordinance in relation to floor space ratio. The subject development exceeds the allowable floorspace ratio of 1.25:1 by 30m2. Space approved is contained wholly within basement and only used for storage space, and as such has no impacts in regard to bulk or scale of the building.

Variation of 15% to floor space ratio.

General Manager's Report Page 2 ITEM 1 (continued)


RECOMMENDATION: That the report of the Manager Assessment, dated 17 August 2009 on REGISTERS - State Environmental Planning Policy No. 1, be received and noted. ATTACHMENTS There are no attachments for this report. Report Prepared By: Liz Coad Manager Assessment Report Approved By: Dominic Johnson Group Manager Environment & Planning



2 COUNCILLOR WORKSHOPS

Report prepared by: Group Manager - Corporate Services Report dated: 18/08/2009 File No.: GRP/09/5/7 - BP09/633

REPORT In accordance with Council’s resolution of 26 June 2001, I wish to report on the Councillor Workshops held since the Council Meeting of 11 August 2009. Date: 11 August 2009 at 5.00pm Subject: Councillor Facilities & Expense Policy/Council & Committee

Structure/Advisory Committees Present: The Mayor, Councillor Tagg and Councillors Butterworth (part),

Etmekdjian, Maggio, O’Donnell, Perram, Petch, Pickering, Salvestro-Martin and Yedelian OAM

Apologies: Councillors Butterworth, Campbell and Li Staff Present: General Manager, Group Manager – Community Life, Group

Manager – Corporate Services, Group Manager – Environment & Planning and Group Manager – Public Works

Summary: The Group Manager – Corporate Services and General Manager

presented a discussion paper on Council’s current Council/Committee structure and Councillors discussed options and provided feedback. The workshop also discussed the Councillor Expenses & Facilities Policy, Code of Conduct, Code of Meeting Practice and Councillors’ Portal/Helpdesk.

Date: 11 August 2009 at 6.15pm Subject: Assessment Report Recruitment Firms Present: The Mayor, Councillor Tagg and Councillors Butterworth,

Campbell, Etmekdjian, Maggio, O’Donnell, Perram, Petch, Salvestro-Martin and Yedelian OAM

Apologies: Councillors Li and Pickering Staff Present: Manager Human Resources, Manager Risk & Audit, Senior

Administration Co-Ordinator Summary: Presentations from short-listed recruitment providers followed by

determination of preferred provider, process and scope of recruitment activity.



Date: 18 August 2009 at 5.45pm Subject: Ryde Community Grants Present: The Mayor, Councillor Tagg and Councillors Butterworth,

Campbell, Etmekdjian, Maggio, O’Donnell, Perram, Petch, Salvestro-Martin and Yedelian OAM

Apologies: Councillors Li and Pickering Staff Present: General Manager, Acting Group Manager – Community Life,

Group Manager – Corporate Services, Group Manager – Environment & Planning, Group Manager – Public Works, Manager Community & Culture and Media & Community Relations Officer

Summary: The Manager Community & Culture gave an overview of the Ryde

Community Grants Program and the proposed allocation of funding for the City of Ryde.

Date: 18 August 2009 at 6.40pm Subject: Senior Staff Recruitment Present: The Mayor, Councillor Tagg and Councillors Butterworth,

Campbell, Etmekdjian, Maggio, O’Donnell, Perram, Petch, Salvestro-Martin and Yedelian OAM.

Staff Present: Manager Human Resources and Manager Risk & Audit Summary: Workshop on progress and timeframe for the recruitment of

General Manager and Group Manager – Community Life. RECOMMENDATION: That the report of the Group Manager - Corporate Services, dated 18/08/2009 on COUNCILLOR WORKSHOPS, be received and noted. ATTACHMENTS There are no attachments for this report.



Report Prepared By: Roy Newsome Group Manager - Corporate Services Report Approved By: Michael Whittaker General Manager



3 INVESTMENT REPORT - JULY 2009

Report prepared by: Chief Financial Officer Report dated: 14/08/2009 File No.: GRP/09/6/7 - BP09/625

Report Summary This report is placed on Council’s agenda to allow Council to formally consider the Investment Report for July 2009, in accordance with Section 625 of the Local Government Act 1993. Background Section 212 of the Local Government (General) regulation requires the Chief Financial Officer as Council’s Responsible Accounting Officer to provide the Council with a written report (setting out details of all money that the Council has invested under Section 625 of the Local Government Act 1993) to be presented to an ordinary meeting of the Council. The report must include a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and Council’s investment policies. The report must be made up to the last day of the month immediately preceding the meeting. Council’s Finance and Audit Committee (which is a standing Committee of Council and is open to the public) has the following functions and powers in respect of investments:

• Receive and review reports on Council’s investment Portfolio and adopt actions arising

• Review, amend and adopt Council’s Investment Policy • Review and appoint council’s independent investment advisor

The Chief Financial Officer submits a comprehensive Investment Report to the Finance and Audit Committee on a monthly basis. This allows the Committee to devote more time in reviewing Council’s investment portfolio and its performance than would otherwise be available if the Investment Report was submitted direct to Council. In order to meet statutory requirements the following Investment Summary is formally submitted on Council’s agenda The Investment Summary is submitted to the ordinary meeting of Council held on the fourth Tuesday of each month with the comprehensive Investment Report being submitted to the Finance and Audit Committee. Report Council’s Investment Summary Report for the month of July 2009 is submitted to Council’s Finance and Audit Committee agenda for Tuesday 25 August 2009.



INVESTMENT SUMMARY AS AT 31 JULY 2009

Issuer Investment NameInvestment

Rating

Invested at 31-Jul-09 $000's

Annualised Period

Return (%)

12 Month Average Return

on Current Investments (%)

Return since 01

July 2008% of Total Invested

Indicative Market Value ** $000's

% Market Value

CBA 1. Shield Series 21 AA 500 0.00 5.49 0.00 0.81 577 115.35%Merrill Lynch 2. Merrill Lynch & Co A 1,000 3.70 5.59 3.70 1.61 976 97.59%Select Access Investments (no 2) Ltd

3. Titanium AAAAAA 2,000 4.16 6.02 4.16 3.23 1,899 94.94%

Alpha Financial Products 4. Alpha B+ 1,000 1.64 7.14 1.64 1.61 100 10.00%Helix Capital 5. OASIS CCC- 1,000 4.74 6.58 4.74 1.61 0 0.00%Westpac 6. FOCUS Note AA 500 0.00 1.61 0.00 0.81 433 86.68%CBA 7. ELD Series 2 AA 500 3.00 3.00 3.00 0.81 506 101.19%Westpac 8. Camelotfund AA 500 0.00 0.00 0.00 0.81 450 89.90%Grange 9. Grange IMP Unrated 885 0.00 -38.96 0.00 1.43 885 100.00%AB Svensk Exportkredit 10. Global Protected

Property Note VII AA+ 1,000 0.00 0.00 0.00 1.61 864 86.36%Longreach 11. Longreach CPWF AAA 2,000 2.01 2.00 2.01 3.23 1,863 93.15%CBA 12. ELD Series 4 AA 500 3.00 3.00 3.00 0.81 498 99.67%Obelisk Trust 2007-3 13. Covent Garden CCC 2,000 4.36 4.36 4.36 3.23 213 10.66%ANZ 14. ANZ 3 YEAR

SENIOR AA 1,000 3.65 3.65 3.65 1.61 1,000 100.00%Credit Suisse First 15. Trident A+ 1,000 0.00 0.00 0.00 1.61 989 98.93%Westpac 16. Westpac At Call AA 12,254 3.13 3.13 3.13 19.76 12,254 100.00%Westpac 17. Westpac Term

Deposit 2 AA+ 10,317 4.27 4.27 4.27 16.64 10,317 100.00%CBA 18. CBA TCD 5 Yr

(Floating) AAA 1,000 4.53 4.53 4.53 1.61 1,035 103.54%CBA 19. CBA TCD 5 Yr

(Fixed) AAA 994 6.02 6.02 6.02 1.60 982 98.79%BoQ 20. Bank of

Queensland TD AAA 1,000 4.55 4.55 4.55 1.61 1,000 100.00%NAB 21. NAB Term Deposit

AA 6,063 4.29 4.29 4.29 9.78 6,063 100.00%Bankwest 22. Bankwest TD AA 5,000 4.06 4.06 4.06 8.06 5,000 100.00%NAB 23. NAB Term Deposit

AA 5,000 4.37 4.37 4.37 8.06 5,000 100.00%AMP 24. AMP TD A 1,000 4.55 4.55 4.55 1.61 1,000 100.00%ANZ 25. ANZ 365 Day TD AA 1,000 4.45 4.45 4.45 1.61 1,000 100.00%NAB 26. NAB TD AA 3,000 4.27 4.27 4.27 4.84 3,000 100.00%

TOTALS/WEIGHTED AVERAGES 62,013 3.58 2.23 3.53 100 57,904

**Market valuations are indicative prices only, and do not necessarily reflect the price at which a transaction could be entered into.# Valuations unavailable as at report date and are the most recently published price

Return including Matured/Traded InvestmentsWeighted Average Return 3.58 2.98 3.54

Benchmark Return: UBSA 1 Year Bank Bill Index (%) 3.17 5.05 3.17Variance From Benchmark (%) 0.41 -2.07 0.37

Investment Income Sources and Purposes for Investments$000's as at 31 Jul 2009 $000's

This Period 189 Externally Restricted - Section 94 14,297Externally Restricted - Other 13,067

Financial Year To Date 189 Unexpended Grants and Contributions 2,209Budget Profile 169 Internally Restricted - Liability Reserves 16,137Variance from Budget - $ 20 Internally Restricted - Revenue Reserves 43,172

*Monthly returns when annualised can appear to exaggerate performance



Certificate of the Chief Finance Officer I certify that as at the date of this report, the investments listed have been made and are held in

Grange IMP - Quartz CDO BB+ - Merimbula CDO C - Flinders CDO BB - Glenelg CDO B - Scarborough CDO CCC- - Torquay CDO CCC- - Global Bank Note CDO CCC-

Oasis CDO CCC-A

LPHA CDO B+Covent Garden CCC

Richard Nankivell

14/08/09 Date

compliance with Council's Investment Policy and applicable legislation, with the exception of the following investments:

RECOMMENDATION: That the report of the Chief Financial Officer, dated 14/08/2009 on INVESTMENT REPORT - JULY 2009, be received and noted. ATTACHMENTS There are no attachments for this report. Report Prepared By: Richard Nankivell Chief Financial Officer Report Approved By: Roy Newsome Group Manager - Corporate Services



4 NSW LOCAL INFRASTRUCTURE FUND - Project Nomination

Report prepared by: Business Support Coordinator - Public Works Report dated: 18/08/2009 File No.: GRP/09/3/7 - BP09/639

Report Summary This report provides information to Council on the recently announced NSW Local Infrastructure Fund and seeks Council determination on projects for loan applications. Background The NSW Government has recently announced a $200 million NSW Local Infrastructure Fund, an interest free loan scheme to councils to bring forward infrastructure projects. The funding will provide an immediate local economic boost in water, sewer, drainage and roads infrastructure projects provided for local communities. The funding will also trigger construction in areas of high population growth and will assist in increasing the supply of serviced land for housing and employment. The NSW Local Infrastructure Fund is a NSW Treasury Fund administered by the NSW Department of Planning. Report The NSW Local Infrastructure Fund (LIF) is provided by the NSW government for local projects that will support urban development – typically roads and related infrastructure, stormwater, water and wastewater projects. Funding will only be provided to projects costing at least $1 million and not being delivered because of a lack of funding. Councils must demonstrate that funding will accelerate the delivery of a project. Funding will be targeted towards high growth areas and priority will be given to projects that facilitate the servicing of new homes or employment growth. These areas should align with strategic planning objectives and targets such as those identified in the NSW Government’s Regional and Subregional Strategies, Metropolitan Strategy and Metropolitan Development Program. Councils will be required to prepare a repayment schedule for each loan, within parameters set by the State Government. Specifically, the term of a loan cannot exceed 10 years and repayments will need to occur at least annually. The repayment schedule will be defined upfront before the award of any funds.

Construction of funded projects must commence in the 2009/10 financial year and must be completed within 18 months of receiving funds. Ongoing funding will not be provided and Council will be responsible for all ongoing operational costs. Funding will not cover administration, travel, licensing, salaries or other activities that are the responsibility of the applicant and a maximum of 10% of the total funding amount can be spent on specialist advice or design and permit costs (for example engineering or planning). Applications for the LIF close on 31 August 2009.



An initial list of eligible projects was discussed at a Councillor workshop held on Tuesday 28 July 2009. The following table recommends the projects for Council to consider for loan funding given feedback at the Council workshop.

Project Est. Total Cost

Loan Requested

City of Ryde Centre Library (Fit out) $3,450,000 $2,000,000

Footpath Construction Program $1,043,000 $1,000,000

Gladesville Town Centre Upgrade $2,420,000 $1,000,000

Consultation Internal Council business units consulted included:- • Access • Buildings & Property • Catchments & Assets • Finance • Community Life Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not Applicable Critical Dates The following deadlines are required to be met: • Application closes 31 August 2009 • Construction of funded projects must commence in the 2009/10 financial year

and must be completed within 18 months of receiving funds. Management Plan Budget / Linkages This program is additional to the Management Plan 2009-2013. Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 50 of the Management Plan 2009-2013):

P1 A vibrant city that is economically strong and engages its community through

cultural and social activities.



P2 A city that plans for people by involving them in decision making to improve their quality of life.

P3 A harmonious community through a culturally enriched and respectful society. Proposed projects will deliver positive results for communities, especially employment and community social, recreational or environmental outcomes through new and refurbished assets.

Assets This project meets the following key outcomes for Assets (set out on page 60 of the Management Plan 2009-2013):

A3 A high standard of visual appearance for our infrastructure, built environment

and public areas. New and refurbished assets will improve the overall quality of assets in the City.

Environment This matter has no direct relationship to this key outcome area.

Governance This project meets the following key outcomes for Governance (set out on page 79 of the Management Plan 2009-2013):

G1 Improved awareness and understanding of Council’s decisions by the

community. G5 Compliance with all legislative requirements and statutory obligations. Financial Impact Adoption of the option(s) outlined in this report and successful application for the LIF will increase long term borrowings by Council by up to $4 million for a period of up to ten (10) years. The Chief Financial Officer has advised that the City Of Ryde has the financial capacity to meet the repayments on $4 million in loans. Policy Implications There are no policy implications through adoption of the recommendation. Other Options Options were discussed at a Councillor workshop on 28 July 2009. Conclusion An initial list of suitable projects for the LIF was discussed at the Councillor workshop held on Tuesday 28 July 2009. From Councillors’ feedback, a revised list of projects is detailed in this report for Council’s determination for loan applications.



RECOMMENDATION: (a) That the report of the Business Support Coordinator - Public Works, dated

18/08/2009 on NSW LOCAL INFRASTRUCTURE FUND - Project Nomination, be received and noted.

(b) That Council approve the proposed list of projects for application under the

NSW Local Infrastructure Fund as detailed in this report. ATTACHMENTS There are no attachments for this report. Report Prepared By: Joe So Business Support Coordinator - Public Works Report Approved By: Kim Woodbury Group Manager - Public Works



5 COUNCIL POLICIES - THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR THE MAYOR AND OTHER COUNCILLORS AND THE CODE OF CONDUCT

Report prepared by: Acting Manager Councillor Services Report dated: 19/08/2009 File No.: GRP/09/5/7 - BP09/646

Report Summary To undertake the annual review of the Policy on Expenses & Provision of Facilities for the Mayor & Other Councillors and undertake public consultation as required by the Local Government Act, as well as to review the Code of Conduct. Background Policy of Expenses & Provision of Facilities for the Mayor & Other Councillors Under Section 252 of the Local Government Act 1993, within 5 months after the end of each year, the Council is required to adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor, the deputy Mayor and the other Councillors. The Policy is required to be reviewed, placed on public exhibition for 28 days, adopted and then submitted to the Director General by 30 November each year. This Policy was last reviewed by Council on 6 March 2009 and recently discussed at a Councillor workshop held on 11 August 2009 CIRCULATED UNDER SEPARATE COVER. Code of Conduct Section 440 (7) states that a council must, within twelve (12) months after each ordinary election, review its adopted code and make such adjustments as it considers appropriate and as are consistent with this section. On 8 July 2008 Council resolved that the model Code of Conduct issued by the Department of Local Government (DLG) be adopted as the Code of Conduct for the City of Ryde CIRCULATED UNDER SEPARATE COVER. The Code of Conduct was a key component of the Councillor Induction program that all Councillors participated in following the Council elections in 2008. The Code of Conduct was recently discussed at a Councillor Workshop held on 11 August 2009. Report Policy of Expenses & Provision of Facilities for the Mayor & Other Councillors The City of Ryde, in line with the DLG guidelines, undertook a comprehensive review of this Policy on two occasions in 2007. The review of this Policy was further discussed with Council at a workshop prior to the Council elections in September 2008 and it was agreed for this review to be



undertaken with the new Council. A report was considered by Council at its meeting held on 6 March 2009 and the policy was amended as follows:-

* Clause 12 Time Limit for making claims be increased from three (3) months to six (6) months and;

* Clause 20, Part 2 be amended to state each Councillor is entitled to seek reimbursement up to $300 per month or $3600 per annum for Communication costs and expenses.

Following the recent workshop which reviewed this Policy, the various monetary limits set in Council’s current policy were believed to be reasonable and should be retained. The only area in the Policy which was recommended to be amended was Clause 12, which requires Councillors to submit their claim for reimbursement within three (3) months of the cost or expense being incurred not six (6) months as stated in the current policy. If this change is endorsed, it is proposed that this change be effective from 1 October 2009. Any claims received outside this period will not be able to be claimed by Councillors. Section 253 of the Local Government Act requires Council to place its policy on public exhibition for a period of not less than 28 days. However, Section 253 (3) states that if Council is of the opinion that the proposed amendment is not substantial, it is not required to give public notice. It is proposed not to advertise this change, as the change is not substantial. Code of Conduct The current Code of Conduct adopted by Council on the 8 July 2008 is the full Model Code of Conduct prepared by the Department of Local Government which sets minimum standards of behaviour. Council’s Code of Conduct is required to be revised within 12 months of a Council election. Having regard to the recent adoption of Council’s Code of Conduct, the process undertaken in the Councillor Induction program and being recently discussed at the Councillor workshop on 11 August 2009, it is proposed that Council maintain its current Code of Conduct. Reporting on complaints Section 12.33 of the Code of Conduct states that the General Manager must report annually to Council on code of conduct complaints. From the period September 2008 to September 2009 no formal complaints have been received and as a result there has been no requirement for Council to invoke the Conduct Committee. Consultation Internal Council business units consulted included:- • Nil Internal Workshops held:- • Workshop held 4 August 2009 City of Ryde Advisory Committees consulted included:- • Not Applicable



External public consultation included:- • Not Applicable Critical Dates The adopted Policy is required to be submitted to the Director-General of the Department of Local Government by 30 November 2009. Relationship to Key Outcome Areas

People This matter has no direct relationship to this key outcome area.

Assets This matter has no direct relationship to this key outcome area.

Environment This matter has no direct relationship to this key outcome area.

Governance This project meets the following key outcomes for Governance (set out on page 79 of the Management Plan 2009-2013):

G1 Improved awareness and understanding of Council’s decisions by the community.

G2 Members of the community are engaged in democratic decision making. G3 Review of best practice approaches on Governance to enhance the delivery of

services to the community. G5 Compliance with all legislative requirements and statutory obligations. The Code of Conduct underpins the fundamental values and behaviours expected of Councillors and staff and is a significant component of the City of Ryde Governance Framework. Financial Impact Allocations have been made in the 2009/10 Budget for the payment of expenses, claims and provision of facilities for the Mayor and Councillor as provided in the Policy.



Policy Implications The recommendation meets the requirements of the Local Government Act. Other Options Not Applicable RECOMMENDATION: (a) That the report of the Acting Manager Councillor Services, dated 19/08/2009 on

COUNCIL POLICIES - THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR THE MAYOR AND OTHER COUNCILLORS AND THE CODE OF CONDUCT, be received and noted.

(b) That the Payment of Expenses and Provision of Facilities for the Mayor and

other Councillors be amended that changes Clause 12 Time Limits to 3 months, effective from 1 October 2009.

(c) That Council’s Code of Conduct as circulated under separate cover to the report

be endorsed as the City of Ryde’s Code of Conduct. (d) That both Policies be updated on Council’s Web site. (e) That no public exhibition be required for the changes to the Payment of

Expenses and provisions of Facilities for the Mayor and other Councillors as they are not determined to be substantial.

ATTACHMENTS Report Prepared By: Debra Byrnes Acting Manager Councillor Services Report Approved By: Roy Newsome Group Manager - Corporate Services



6 MANAGEMENT PLAN IMPLEMENTATION - 1 APRIL - 30 JUNE 2009

Report prepared by: Chief Financial Officer Report dated: 13/08/2009 File No.: GRP/09/5/7 - BP09/618

Report Summary As required under section 407 of the Local Government Act, 1993 the quarterly review of the Management Plan as at 30 June 2009 is presented to Council. This review reports on the performance of Council in undertaking its Principal Activities in terms of its stated objectives and financial position. The following individual reporting documents have been prepared and are CIRCULATED UNDER SEPARATE COVER.

DOCUMENT Management Plan 2008-2012 - provides a ‘snapshot’ of Council’s

performance in the quarter relative to several high profile activities. ANNEXURE 1 Financial Management Summary Report – graphical

representation of financial performance to 30 June 2009. ANNEXURE 2 Summary of Proposed Operating Budget Revised Budget Changes

– details items that have had a budget adjustment with a brief explanation of each.

ANNEXURE 3 Capital Works Status Report – provides comments regarding the status of all of Council’s Capital Expenditure projects.

Presentation – During the Council meeting, the General Manager and Group Managers will make a presentation on the quarterly review as at 30 June 2009. In the remainder of this report an overview is provided on the key aspects of Council’s financial performance for the fourth quarter. Included in this report, the Responsible Accounting Officer is required to report and provide a statement on Council's financial position which is dated 14 August 2009 and is ATTACHED to this report. Report Financial Position The financial management report (see ANNEXURE 1) identifies performance to 30 June 2009 against the Management Plan. Summary of June Quarterly Review Result and Budget Performance Working Capital Summary The 2009-2013 Management Plan projected a closing Working Capital balance for the 2008/2009 financial year of $4.1 million and it is forecasted that this target will be achieved.



In finalising the 2008/2009 financial year result, capital projects totalling $464,000 are proposed to be carried over for completion in 2009/2010 and have been taken into consideration when calculating the closing Working Capital. The proposed carry over projects are detailed in this report. Council’s Financial Statements for 2008/2009 are currently being prepared and there may be some variations to the figures that are presented in this report. Any significant changes will be in the final report to Council when the Financial Statements are presented. Summary of Budget Performance – June Quarter 2009 Variations to Council’s budget for the quarter can be summarised as follows;

CurrentBudget

June Revised Budget

June

Actuals

June Qtr

Variance

$'000 $'000 $'000 $'000

Operating Revenue 77,595 77,595 78,312 717

Direct Operating Expenditure (65,706) (66,035) (66,802) (767)

Direct Operating Result 11,889 11,560 11,510 (50)

Capital Income 5,777 5,777 6,144 367 Capital Income Contributed Assets 0 0 57,925 57,925 Depreciation (14,832) (14,832) (18,000) (3,168)

Total Operating Result 2,834 2,505 57,579 55,074

Capital Expenditure (36,180) (36,180) 35,553 627 The major variance in this review is that Council has brought to account $57.9 million of “contributed assets” in 2008/2009 arising from major development activity within the City as a number of these developments involve the provision of public infrastructure benefits with the control and ownership of these assets being vested with Council.



These public infrastructure assets have been recognised and brought to account in accordance with Australian Accounting Standards and the Local Government Asset Accounting Manual as non cash capital contributions and included in Council’s asset register. Further details of these “contributed assets” are included under Capital Income in this report. It should also be noted that in addition to bringing to account all assets contributed from developments, Council has been progressively valuing its assets at fair value in accordance with the requirements of the Australian Accounting Standards and the Local Government Accounting Manual. This has resulted not only in the value of Council’s assets increasing, but also in an increase to depreciation. This review projects depreciation increasing from the budgeted $14.832 million to $18 million. While this is a non cash transaction, the additional $3.2 million (approx) will impact on Council’s Operating Result before Capital and will be reflected in Council’s Financial Statements when they are presented to Council, later this year. The remainder of this report details major variations to the 2008/2009 Budget by income and expenditure classifications. Operating Income

Key Outcome Areas

Current Budget

June Revised Budget

June

Actuals

June Qtr

Variance $'000 $'000 $'000 $'000

People 7,468 7,468 7,336 (132)Assets 16,964 16,964 17,064 100Environment 6,493 6,493 6,660 167Governance 46,670 46,670 47,252 582Total Operating Income 77,595 77,595 78,312 717 People $132K • There was a reduction in the Ryde Aquatic Leisure Centre (RALC) income of

$220K and this was partially offset by reductions in expenditure. • Council received additional revenue in the Parks area of $75K which included a

$20K grant for a Tussock Paspalum project and $25K sponsorship for Booth Reserve .

Assets $100K • The Federal Government as part of its stimulus package made an advance

payment of the 2009/2010 Financial Assistance Grant of which $187K relates to the Local Roads component.



Environment $167K • Income has reduced in Development Application ($108K), and Building and Land

Use Enforcement ($86K) due to the general economic downturn however this has been offset by additional Regulation income.

Governance $582K • The Federal Government as part of its stimulus package made an advance

payment of the 2009/2010 Financial Assistance Grant of $670K of which $487K relates to the General purpose component.

Capital Income

Key Outcome Areas

Current Budget

June Revised Budget

June

Actuals

June Qtr

Variance $'000 $'000 $'000

People 546 546 2,408 1,862Assets 1,035 1,035 1,335 300Environment 4,195 4,195 2,401 (1,794)Governance 0 0 0Total Capital Income 5,777 5,777 6,144 367 People $1.862M • Council has received $1.75 million under the Federal Government Community

Infrastructure Funding Program grant being 50% of the $3.5 million grant for the new sporting facility at ELS Hall Park.

• Council also received capital contributions of 92K, in respect of Ryde Parramatta River Walk ($73K) and Ryde Park ($19K).

Assets $300K • Council has received additional grant funding of $221K for the RTA Roads to

Recovery Program and a $25K contribution by the Department of Environment & Climate Change for Buffalo Creek Restoration.

Environment $1.794M • Council received $1.2 million in Section 94 contributions and $1 million in VPAs

during 2008/2009 which was $1.794 million under budget and reflects the current economic climate and the difficulty facing developers in getting finance. This income is externally restricted.



Capital Income – Contributed Assets

City of Ryde is undergoing major development activity with a number of major developments involving the provision of public infrastructure for the benefit of the community coming on line. In this review, Council has brought to account $57.9 million of ‘in kind’ contributions in 2008/2009 through private development activities as follows: DEVELOPMENT

VALUE $’000s

CONTRIBUTION

Bevillesta Top Ryde Shopping Centre Devlin Street, Ryde

30,000VPA – Public domain works – access ramps & underpass – work in progress with further assets to be brought online in 2009/10 and 2010/11

Transport Infrastructure Development Corporation North Ryde Railway Station Estate Road (Corner Lane Cove Road & Epping Road North Ryde

283 Public domain works – multi function poles, footpath paving

Macquarie Goodman Pinnacle – Commercial Building Estate Road (Corner Lane Cove Road & Epping Road Macquarie Park

1,741 Public domain works – multi function poles, footpath paving, kerb & gutter, road pavement, stormwater pipes & pits

JK Developments/Billbergia Waterpoint – Mixed Use Development Bowden Street/Underdale Lane/Bay Drive/Railway Road, Meadowbank

18,821 VPA – Public domain works – multi function poles, footpath paving, kerb & gutter, road pavement, stormwater pipes and pits, park & roads

Hyundai Australia Hyundai – Commercial Building Hyundai Lane Macquarie Park

1,588 Public domain works – multi function poles, footpath paving, kerb & gutter, road pavement, stormwater pipes and pits, park & roads

Lipmann – Commercial Building Waterloo Road & Byfield Street Macquarie Park

246 Section 94 Development Contribution – Public domain works – footpath paving



DEVELOPMENT VALUE

$’000s CONTRIBUTION

Holdmark Developments Mixed Use Development Belmore Street, Parsonage Street Meadowbank

4,721 Section 94 & Other Public Benefit – Public domain works – multi function poles, footpath paving, kerb & gutter, road pavement, stormwater pipes & pits, park and roads, sea wall and wharf construction and site remediation

ING Commercial Building Epping Road Macquarie Park

43 Public domain works – footpath paving

Stockland Triniti – Commercial Building Delhi Road / Julius Avenue Macquarie Park

482 Public domain works – multi function poles, footpath paving, kerb & gutter, road pavement, stormwater pipes & pits

TOTAL 57,925

These contributed assets are vested in Council ownership and control and have been brought to account in accordance with Australian Accounting Standards and the Local Government Asset Accounting Manual as non cash capital contributions and included in Council’s asset register. As detailed earlier, as part of bringing these assets to account and Council valuing its existing assets at Fair Value Council’s depreciation has increased significantly as detailed in this report. Operating Expenditure

Key Outcome Areas

Current Budget

June Revised Budget

June

Actuals

June Qtr

Variance $’000 $’000 $'000

People 17,489 17,489 17,581 92Assets 22,029 22,029 22,569 540Environment 9,447 9,447 9,330 (117)Governance 16,741 17,070 17,322 252Total Operating Expenditure 65,706 66,035 66,802 767



People $92K • Additional costs associated with maintaining Councils sportsfields, parks & natural

areas. Assets $540K • Increased State Government charges for lighting, power, water and waste tax

($150K) • Additional service delivery costs ($350K )for road maintenance works and

increases in levels of service for town centre garbage pick-up and street cleaning, toilet block cleaning, graffiti removal and cleaning / in blocking of pits and pipes following wet weather / storms in February /March 2009.

Environment $117K • Savings have been made in this area to partly offset the reduction in income. Governance $252K • A budget adjustment of $329K has been made to reflect staff ELE accruals as at

30 June 2009 and this is funded from Reserves. • Additional costs have been incurred in Information Systems ($190K) in the

transition to new information and telecommunication systems. This includes improvements to Council’s network, hardware, additional maintenance costs, adjusting software to meet on-going legislative changes (includes system changes, mapping upgrades and extensive mailing costs). Also includes the establishment of the Councillors portal.

Capital Expenditure

Group

Current Budget

June Revised Budget

June

Actuals

June Qtr

Variance $'000 $'000

People 8,944 8,944 8,655 (289)Assets 24,934 24,934 24,620 (313)Environment 27 27 17 (10)Governance 2,275 2,275 2,260 (15)Total Capital Expenditure 36,180 36,180 35,553 (627) The status of all Capital Projects is detailed in Annexure 3 of the Management Plan 2008-2012 document.



Overall, during the 2008/2009 financial year, Council has spent $35.6 million (98.2%) on capital projects (excluding loan repayments). Of the balance of $627K remaining in the Capital Works Program, $494K is proposed to be carried forward to 2009/10 as detailed below; Proposed Capital Expenditure Carry Overs The following table identifies projects totalling $464K, that are proposed to be carried over and included in the 2009/2010 Budget.

Carry CarryProject Service Over OverDescription Project General Reserves Total

943 - AccessRoad Rehabilitation/ReconstructionIda Street (Walker Street - Mitchell Street) 47.24034 149,729 0 149,729Town Centre UpgradesEastwood Town Centre 47.24074 0 (71,131) (71,131)Gladesville Town Centre 47.24075 0 (29,021) (29,021)Macquarie Park - Public Domain 47.24076 0 46,234 46,234Mid-Way Shopping Centre 47.24077 0 173,173 173,173Meadowbank Public Domain & Intersection (Railway Parade) 47.24078 0 (144,164) (144,164)Traffic Facilities ConstructionThompson Street (Higginbotham Road/Monash Road) Roundabout 47.24069 0 92,810 92,810Subtotal - Access 149,729 67,902 217,631

944 - Catchments & AssetsAsset ReplacementCharles Street - Acacia Avenue (Stage 1) 51.21001 0 100,000 100,000Water Quality ImprovementWater Reuse in Meadowbank Park (Meadowbank Park Upgrade) 52.21012 0 66,823 66,823Subtotal - Catchments & Assets 0 166,823 166,823

951 - ParksPassive/Unstructured Open SpaceEastwood Park 54.22001 0 (22,106) (22,106)Ryde Park 54.22002 0 101,347 101,347Subtotal - Parks 0 79,241 79,241

Total Capital Expenditure Carry Overs 149,729 313,965 463,694 The above projects represent significant works that are in progress and the funds detailed above are required to complete the projects. Further detail on each project is provided in Annexure 3 – Capital Works Status Report. Consultation Internal Council service units consulted included:- All Internal Council service units were consulted. Internal Workshops held:- • Not Applicable



City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not Applicable Comments Service Unit Managers have reviewed their unit budgets at the end of the June 2009 quarter to declare any variations to budget that will impact on the Council’s financial position. Critical Dates The following deadlines are required to be met: • In accordance with Section 407 of the Local Government Act 1993, the General

Manager must “report to the Council within 2 months after the end of each quarter as to the extent to which the performance targets set by the Council's current Management Plan have been achieved during that quarter”.

Management Plan Budget / Linkages This report reviews and reports on the extent to which performance targets (financial and non financial) have been met in all Key Outcome Areas as detailed in the Management Plan 2008-2012. Relationship to Key Outcome Areas

People This project reviews and reports on the key outcomes for People (set out on pages 46 – 55 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective.

Assets This project reviews and reports on the key outcomes for Assets (set out on pages 56 – 66 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective.

Environment This project reviews and reports on the key outcomes for Environment (set out on pages 67 – 74 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective.



Governance This project reviews and reports on the key outcomes for Governance (set out on pages 75 - 89 of the 2008/2012 Management Plan. The report reviews both operational performance and capital projects on a financial and non financial perspective. This project specifically meets the following key outcome for Governance (set out on page 75 of the Management Plan 2008-2012):

. G5 Compliance with all legislative requirements and statutory obligations. The General Manager, in accordance with Section 407 of the Local Government Act, 1919 (as amended), is required to report to the Council within two months of the end of the quarter as to the extent to which the performance targets set by Council’s current Management Plan have been achieved in that quarter. The Chief Financial Officer as Council’s Responsible Accounting Officer, in accordance with the Part 2 Clause 7 of the Local Government (Financial Management) Regulation 1999 is required to certify whether the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure. Financial Impact This Review projects that Council’s Working Capital as projected of $4.1 million in the March Review will be realised. Council’s 2009/2013 Management Plan and Budget was based on a Working Capital projection of $4.088 million. This projection includes the carry over Capital Works projects detailed in this report, being carried over for completion in the 2009/2010 financial year. Council has received $57.9 million in contributed assets from development activity in the City involving the provision of public infrastructure assets for the benefit of the community. These public infrastructure assets which are vested in Council’s ownership and control have been recognised and brought to account in accordance with Australian Accounting Standards and the Local Government Asset Accounting Manual as non cash capital contributions and included in Councils asset register. In addition to bringing these assets to account, Council’s depreciation is forecast to increase to $18 million (approximately) as at 30 June 2009. Council is currently preparing its financial statements for 2008/2009 and there may be some variations to the figures that are presented in this report. Any significant changes will be in the final report to Council when the Financial Statements are presented.



Policy Implications There are no policy implications through the adoption of this recommendation. Other Options Council could decide not to approve some or all of the June 2009 Quarter Budget Revisions or to revote the funds to other projects. This would impact Working Capital as at 30 June 2009. Conclusion The 2008/2012 Management Plan projected a closing Working Capital balance for the 2008/2009 financial year of $4.1million and it is expected that this target will be achieved. Council has delivered a $35.6 million capital works program during the year. In addition Council has brought to account $57.9 million of new “contributed assets” in 2008/2009 arising from major development activity within the City involving the provision of public infrastructure benefits with further assets to be brought on line in 2009/2010 and 20010/2011.Depreciation is projected to increase to $18 million as detailed in the report. As a result Council’s projected Operating Result for the year will be approximately $57 million. City of Ryde has maintained its sound financial position, whilst continuing to deliver high quality services and delivering a significant capital works program to its community. RECOMMENDATION:

(a) That the report of the Chief Financial Officer, dated 13/08/2009 on MANAGEMENT PLAN IMPLEMENTATION - 1 APRIL - 30 JUNE 2009, be received and noted and the adjustments to Councils 2008/2009 budget as detailed in the report be adopted.

(b) That the Certificate of the responsible Accounting Officer attached to the report of the Chief Financial Officer dated 13 August 2009 be noted.

(c) That the proposed carry overs included in this report totalling $464K be

endorsed and included in the 2009/2010 Budget. ATTACHMENTS 1 Certificate of the responsible Accounting Officer



Report Prepared By: Richard Nankivell Chief Financial Officer Report Approved By: Roy Newsome Group Manager - Corporate Services

General Manager's Report Page 29 ITEM 6 (continued) ATTACHMENT 1


Certificate In accordance with the Local Government (Financial Management) Regulation 1999, Part 2, Clause 7, I report that the financial position of the Council was satisfactory as at 30 June 2009, having regard to the original estimates of income and expenditure. Variations in total income, operating and capital expenditure as at 30 June 2009 are of a quantum and nature that overall end of year financial targets will be achieved. Richard Nankivell Chief Financial Officer Responsible Accounting Officer 13 August 2009



CONFIDENTIAL ITEMS

7 UPDATE ON COURT ACTIONS

Confidential This item is classified CONFIDENTIAL under Section 10A(2)(g) of the Local Government Act, 1993, which permits the meeting to be closed to the public for business relating to the following: (g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. This matter is classified confidential because it contains advice concerning legal matters that are:- (a) substantial issues relating to a matter to which the Council is involved. (b) clearly identified in the advice, and (c) fully discussed in that advice. It is not in the public interest to reveal all details of this matter as it would prejudice Council's position in any court proceedings. Report prepared by: General Counsel Report dated: 18/08/2009

General Manager Mayor

Correspondence Page 1

Précis of Correspondence, submitted to Council on 25 August 2009.

PRECIS OF CORRESPONDENCE FOR CONSIDERATION

1 UPDATED SMOKE-FREE OUTDOOR AREAS RESOURCE KIT

Report prepared by: Acting Manager Councillor Services Report dated: 11 August 2009 File No.: GRP/09/5/7 - BP09/609

Correspondence: Submitting correspondence from Heart Foundation, dated 03 August 2009, regarding Smoke-free Outdoor Areas Resource Kit. RECOMMENDATION That the correspondence be received. ATTACHMENTS 1 Ltr from Heart Foundation regarding Resource Kit Report Prepared By: Debra Byrnes Acting Manager Councillor Services Report Approved By: Roy Newsome Group Manager - Corporate Services

Correspondence Page 2 ITEM 1 (continued) ATTACHMENT 1




2 SERENITY NSW Inc.

Report prepared by: Acting Manager Councillor Services Report dated: 18 August 2009 File No.: GRP/09/5/7 - BP09/632

Correspondence: Submitting correspondence from Serenity NSW Inc requesting Council’s support relating to their projects to help reduce the suicide rate in Australia, by the purchase of a set of mounted posters regarding this issue. RECOMMENDATION That the correspondence be received. ATTACHMENTS 1 Correspondence from Serenity NSW Inc Report Prepared By: Debra Byrnes Acting Manager Councillor Services Report Approved By: Roy Newsome Group Manager - Corporate Services



3 PROPOSAL FOR NSW FEDERAL ELECTORAL REDISTRIBUTION

Report prepared by: Acting Manager Councillor Services Report dated: 21/08/2009 File No.: GRP/09/5/7 - BP09/655

Correspondence: Submitting Media release from Australian Electoral Commission, dated 07 August 2009, regarding NSW Federal Electoral Redistribution. RECOMMENDATION That the correspondence be received. ATTACHMENTS 1 Media release Report Prepared By: Debra Byrnes Acting Manager Councillor Services Report Approved By: Roy Newsome Group Manager - Corporate Services

Notices of Motion Page 1

Notices of Motion, submitted to Council on 25 August 2009.

NOTICES OF MOTION

1 MIDWAY SHOPPING CENTRE - Traffic Management Issues - Councillor O'Donnell

File Number: CLM/09/2/1/3 - BP09/642

Motion: That traffic management issues raised by the residents in Rocca Street related to the Midway Shopping Centre be referred to the Traffic Committee for investigation of options to minimise the impact on residents. This should be done in consultation with the owner of the shopping centre. 2 WEST RYDE & GLADESVILLE EVENTS & PROMOTIONS COMMITTEES -

Councillor Li


Motion: That, as part of the upcoming report on advisory committees to be presented to Council, a report also be prepared examining the merits of establishing town-specific Events & Promotions Committees for West Ryde, Gladesville, and any other town centres, in addition to the existing Eastwood Events & Promotions Committee (which may serve as a model). 3 LOCAL PARTNERSHIP GRANTS - Councillor Li


Motion: That the City of Ryde submits an application to enter into a partnership agreement with the NSW Community Relations Commission to engage a part time community worker to serve the needs of the growing number of elderly mandarin speaking residents in Ryde. 4 MARSFIELD PARKING METERS - Councillor Li


Motion: That as an interim measure, a report be prepared to consider the merits of introducing 2 hour free parking in the residential streets surrounding Macquarie University that currently have parking meters, including Talavera Rd and Culloden Rd.

Notices of Motion 2

Notices of Motion, submitted to Council on 25 August 2009.

5 ROUNDABOUT SAFETY - Councillor Petch


Motion:

That the General Manager report on methods which will achieve more driver awareness and greater safety in the use of Roundabouts within the City of Ryde. This report should include but not be limited to:-

• Greater cognisance of and compliance with the law (many motorists are, in ignorance, breaking the law and liable to significant penalties)

• Smoother and more fluid traffic flow (particularly in potential bottlenecks such as that at the Meadowbank Railway Overpass.

• Fewer accidents and near misses between those who attempt to comply with and those who break the law.

• Fewer incidents of road rage and frustration between law breakers and law abiders.

Notices of Rescission Page 1

Notices of Rescission, submitted to Council on 25 August 2009.

NOTICES OF RESCISSION

There are no Notices of Rescission

agenda of ordinary meeting 14/09 - 25 august 2009...report prepared by: group manager - corporate...

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