Agenda
Ordinary Council Meeting
1 December 2008
The
meeting commences at 6.30pm. If members of the public are
not
interested in any business recommended to be considered in
Closed
Session or there is no such business, Council will ordinarily
commence consideration of all other business
at 7pm.
Notice of Meeting
Dear Councillors
Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, Lower Ground
Floor, 48 Longueville Road,
Lane Cove on Monday 1
December 2008 commencing at 6:30PM. The business to be transacted at the meeting is included in this
business paper.
Yours faithfully
Peter Brown
General Manager
Council
Meeting Procedures
The Council meeting is chaired by the Mayor, Councillor
Ian Longbottom. Councillors are entitled to one vote on a matter. If votes are
equal, the Chairperson has a second or casting vote. When a majority of
Councillors vote in favour of a Motion it becomes a decision of the Council.
Minutes of Council and Committee meetings are published on Council’s website
wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.
The Meeting is conducted in accordance with Council's
Code of Meeting Practice. The order of business is listed in the Agenda on the
next page. That order will be followed unless Council resolves to modify the
order at the meeting. This may occur for example where the members of the
public in attendance are interested in specific items of the agenda.
Members of the public may address the Council Meeting
on any issue for a maximum of 3 minutes during the public forum which is held
at the beginning of the meeting. All persons addressing the Meeting must speak
to the Chair. Speakers and Councillors will not enter into general debate or ask
questions.
If you do not understand any part of the information
given above; require assistance to participate in the meeting due to a
disability; or wish to obtain information in relation to Council, please
contact Council’s Manager Governance on 99113525.
Please note meetings held
in the Council Chambers are recorded on tape for the purposes of verifying the
accuracy of minutes and the tapes are not disclosed to any third party under
section 12(6) of the Local Government Act, except as allowed under section
18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so
by court order, warrant or subpoena or by any other legislation.
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Ordinary Council 1 December 2008
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TABLE OF CONTENTS
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DECLARATIONS OF INTEREST
APOLOGIES
OPENING OF MEETING WITH
PRAYER
ACKNOWLEDGMENT TO COUNTRY
MATTERS
RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE
Confidential Items
1. General Managers Report No. 36
SUBJECT: Senior Staff Matter
It is recommended that the Council close so much
of the meeting to the public as provided for under Section 10A(2) (a) of the
Local Government Act, 1993, on the grounds that the matter will involve the
discussion of personnel matters concerning a particular individual; it further
being considered that discussion of the matter in open meeting would be, on
balance, contrary to public interest by reason of the foregoing and that the matter
pertains to the employment of staff.
public
forum
Members of the
public may address the Council Meeting on any issue for 3 minutes.
CONFIRMATION
OF MINUTES
2. ORDINARY
COUNCIL MEETING - 17 NOVEMBER 2008
Orders Of The Day
3. Order Of The Day No. 28
SUBJECT: Council and Committee Meeting Dates for 2009
4. Order Of The Day No. 29
SUBJECT: Certificate of Service for the Mayor,
Councillor Ian Longbottom
Corporate Services Division Reports
5. Corporate Services Division Report No. 76
SUBJECT: Changes to Corporate Planning for NSW Councils
6. Corporate Services Division Report No. 77
SUBJECT: Delegation of Authority During the Christmas
Recess
7. Corporate Services Division Report No. 78
SUBJECT: Federal Government's Regional and Local
Community Infrastructure Program
Human Services Division Reports
8. Human Services Division Report No. 15
SUBJECT: Lane Cove West Out of School Hours (OOSH)
Service and OOSH Service
QUESTIONS WITHOUT NOTICE
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Ordinary
Council Meeting 1
December 2008
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Order Of The Day
No. 28
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Reference: Order Of The
Day No. 28
Subject: Council and Committee
Meeting Dates for 2009
Record No: su1915 - 42688/08
Author(s): Rebecca Ford
Executive Summary
The purpose of this report is to advise Council of the
proposed Council and Committee Meeting Dates for 2009.
Discussion
The proposed Council and Committee Meeting Dates for
2009 is shown in the schedule attached as AT1.
The first Council Meeting is scheduled for Monday, 2 February 2009. The first Meeting in the Plaza is not due
until Saturday, 28 February 2009.
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RECOMMENDATION
That the schedule of Council and Committee Meeting
Dates for 2009, attached as AT1, be adopted.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
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AT‑1 View
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Lane Cove Council &
Committee Meeting Dates 2009
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1 Page
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Ordinary Council Meeting 1 December 2008
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Order Of The Day
No. 29
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Reference: Order Of The
Day No. 29
Subject: Certificate of
Service for the Mayor, Councillor Ian Longbottom
Record No: SU855 - 42822/08
Author(s): Ian Naylor; Cudilla Crystal
Executive Summary
The Local Government and Shires Association of NSW
(LGSA) confers Awards on Councillors who have represented their communities for
more than 15 years. The Mayor,
Councillor Ian Longbottom has been recognised for his service to Lane Cove for
over 17 years.
Discussion
The Mayor, Councillor Ian Longbottom, has served the
Lane Cove Community as a Councillor for over 17 years. This service has also included time as both
Mayor and Deputy Mayor. To recognise
this the LGSA has provided a framed Certificate of Service for his contribution
to Lane Cove for the period of 17 years as:-
· Councillor
for Lane Cove Council from 1991 to 2008
· Mayor from
2004 to 2008
· Deputy
Mayor from 1999 to 2001
The certificate will be presented by the Deputy Mayor,
Councillor Ann Smith at the Council Meeting.
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RECOMMENDATION
That the Deputy Mayor, Councillor Ann Smith present
the Certificate of Service for the Mayor, Councillor Ian Longbottom from the
LGSA for his contribution to local government in Lane Cove for over 17
years.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this report.
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Ordinary
Council Meeting 1
December 2008
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Corporate Services
Division Report No. 76
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Reference: Corporate
Services Division Report No. 76
Subject: Changes to Corporate
Planning for NSW Councils
Record No: SU3448 - 42402/08
Author(s): Ian Naylor
Executive Summary
The purpose of this report is to update Councillors on
impending legislation to change all NSW council’s requirements with regards to
its corporate planning and reporting. It
is recommended that Council advise the Department of Local Government that it
wishes to nominate for Group 1 for the impending changes to corporate planning
for nsw councils.
Background
The Department of Local Government (DLG) over the last
few years have been reviewing the requirements of NSW councils in respect to
corporate plans, such as the Management Plan and Annual Report and a call from
the industry for better reporting and performance measures that all local
governments can use for comparative purposes.
Currently, for the purposes of corporate planning
councils are required to produce a Management Plan, Annual Report, State of the
Environment Report and Budget each year.
While the Management Plan and Budget are linked, the DLG sensed the need
for a more strategic approach to corporate planning and the inclusion of formal
asset management planning given the current infrastructure crisis that many
councils are facing.
Discussion
The DLG as part of the review has consulted councils,
corporate planners and the LGMA (Local Government Managers Association) to gain
their feedback and comments on changes to the current system. As a result of this review the DLG is
proposing the following changes to corporate planning be legislated for all nsw
councils:-
· A 10 year
Community Strategic Plan (CSP)
· A 4 Year
Delivery Program detailing activities to achieve the objectives of the CSP
· An annual
Operation Plan, outlining the activities to be undertaken for that year as part
of the 4 Year Delivery Program
· An Annual
Report, which will report on the above 3 plans
· Three
resourcing strategies being an Asset Management Plan, a long term financial
plan and a Workforce Plan.
These new changes are shown represented in a flowchart
attached as AT 1.
While on the surface there are more requirements for
councils in terms of developing these plans the industry recognises the need
for a more strategic approach to decision making and planning for the
future. Council staff have already
commenced background research for a CSP through discussions with other councils
that have recently developed a Strategic Plan.
With regards to the three resourcing strategies, Council staff are
currently preparing these plans for future adoption by Council.
Consultation and Legislation
The DLG is planning on issuing more detailed
guidelines on these changes shortly. It
is proposed that all nsw councils will have a chance to comment on the detail
prior to legislation being presented to Parliament early in 2009. Council’s Manager – Governance is part of a
working party of the LGMA, that has been set up to discuss these impending
changes and to formulate a response to the guidelines once they are released to
ensure the requirements for councils are not too onerous and all councils regardless
of their size will be able to respond to these changes. Council will also have a role in assisting
its sister city Gunnedah Council in meeting these new requirements. This process was started when initial
discussions were held with their staff during sister city visit in July this
year.
Implementation
The DLG is
planning to introduce the new system over a three year period. Councils will be
asked to nominate the group they would like to be in after the legislative
changes have been passed by Parliament, as follows:-
Group 1: CSP
adopted by 31 March 2010 and Delivery Program adopted by 30 June 2010.
Group 2: CSP
adopted by 31 March 2011 and Delivery Program adopted by 30 June 2011.
Group 3: CSP
adopted by 31 March 2012 and Delivery Program adopted by 30 June 2012.
Councils that
already have, or are substantially progressed towards having, a strategic plan
would be in Group 1. It is planned that all councils will be operating under
the new system from the commencement of the next local government electoral
term in September 2012.
As Council has
already begun research into developing a CSP and it is an action in this year’s
Management Plan to develop a CSP it is proposed that Council advise the DLG
that it is nominating to be in Group 1.
Council staff
in February will provide further briefings to Councillors on the process for
the development of the plan.
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RECOMMENDATION
That Council advise the Department of Local
Government that it wishes to nominate for Group 1 for the impending changes
to corporate planning for nsw councils.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
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AT‑1 View
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New Framework Flowchart
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1 Page
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Ordinary Council Meeting 1 December 2008
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Corporate Services Division Report No. 77
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Ordinary Council at the Meeting 1 December 2008
26 November 2008 to
Ordinary Council
Corporate Services Division
Report No. 77
Subject: Delegation of Authority During the Christmas
Recess
Record No: su1282 - 42669/08
Author(s): Ian
Naylor
Executive Summary
Council will be in recess
from 15 December 2008 until 2 February 2009.
In past years it has been Council’s practice to delegate authority to a
Committee comprising of the Mayor and the General Manager to deal with urgent
matters arising during the recess. In
such cases, Council’s policies are applied and if no such policies exist, due
caution is exercised.
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RECOMMENDATION
That:-
1. Subject
to the provisions of Section 377 of the Local Government Act, 1993, and
points 2 and 3 below, Council appoint a Committee comprising of the Mayor and
the General Manager, or in their absence a delegate of the Mayor and/or the
person acting as General Manager, to deal with and determine, urgent matters
arising during the Council recess between 15 December 2008 until 2 February
2009, in such cases applying Council’s policies, or where no such policies
exist, exercising due caution.
2. No
SEPP No.1 objections be supported without reference to the Ward Councillors
in the normal distribution of Councillor’s mail on Thursdays, and the
delegation not be exercised until at least the following Tuesday.
3. No
Section 96 or Section 82A reviews of development applications in relation to
any matter that has been determined by Council or the Planning and Building
Committee.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
There are no supporting
documents for this report.
CNL011208CSD_77.doc
***** End of Corporate Services
Division Report No. 77 *****
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Ordinary Council Meeting 1 December 2008
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Corporate Services
Division Report No. 78
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Reference: Corporate Services
Division Report No. 78
Subject: Federal Government's
Regional and Local Community Infrastructure Program
Record No: SU3237 - 42681/08
Author(s): Cudilla
Crystal ; Ian Naylor
Executive Summary
At the inaugural meeting of the Australian Council of
Local Government attended by the Deputy Mayor, Councillor Ann Smith in Canberra
on 18 November 2008, the Prime Minister announced that the Federal Government
is making a total of $300 million funding available to local government in
order to “stimulate growth and economic activity across Australia and support
national productivity and community well-being”.
Lane Cove Council has been allocated $188,000.00 in
the first component of funding under the Regional and Local Community
Infrastructure Program (RCLIP) and will be required to meet guidelines in order
to receive the allocated amount. This report provides further details about
accessing the funding.
The Regional and Local Community Infrastructure
Program – Strategic Projects (RCLIP Strategic Projects) is the second component
and it is recommended that Council consider applying for further funding under
this program where up to $50 million is available.
The objective of both components is to support local
economies and jobs and help councils build and refurbish community
infrastructure such as swimming pools, sports grounds, community centres,
libraries and town halls.
Discussion
Regional and Local Community Infrastructure Program
(RCLIP)
The Regional and Local Community Infrastructure
Program (RCLIP) allocates all Councils a share of $250 million across Australia.
Councils will be required to meet guidelines in order to receive their share.
On 25 November 2008, the Rudd Government launched the
official Information Line to help Councils apply for funding. The guidelines
issued by the Department of Infrastructure, Transport, Regional Development and
Local Government (“the Department”) are attached to this report at AT-1.
Councils are required to take up their offer of
funding by entering into an agreement with the Commonwealth by 30 January 2009. Funding must be
expended by 30 September 2009.
Regional and Local Community Infrastructure Program –
Strategic Projects (RCLIP Strategic Projects)
The second component is known as the Regional and Local
Community Infrastructure Program – Strategic Projects (RCLIP Strategic
Projects). The guidelines issued by the
Department are attached to this report at AT-2.
The RCLIP Strategic Projects is geared towards
larger-scale community infrastructure to help deliver an additional injection
of investment in communities. The
funding is available on a nationally competitive basis.
The program will be competitive, application-based,
and accountable and open only to those projects seeking a minimum Commonwealth
contribution of $2 million. Larger
projects and projects which include partnership funding will be given
preference.
Applications for the $50 million RCLIP Strategic
Projects are due on 23 December 2008.
Conclusion
Council will be provided with a further report
detailing suggested projects for the grant funds allocated under the RCLIP and
any strategic projects that could be applied for under the second component of
funding.
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RECOMMENDATION
That Council:-
1. Receive and note the report;
2. Receive a further report
detailing suggested projects for the grant funds allocated under the Regional
and Local Community Infrastructure Program and any strategic projects for
the second component of funding.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
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AT‑1 View
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Guidelines Regional and
Local Community Infrastructure Program 2008/09
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3 Pages
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AT‑2 View
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Guidelines Regional and
Local Community Infrastructure Program - Strategic Projects 2008/09
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6 Pages
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Ordinary
Council Meeting 1
December 2008
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Human Services
Division Report No. 15
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Reference: Human
Services Division Report No. 15
Subject: Lane Cove West Out of
School Hours (OOSH) Service and OOSH Service
Record No: SU145 - 43004/08
Author(s): Eric
Poulos
Executive Summary
This Report gives
information about the Lane Cove West Out of School Hours (OOSH) Service. The Lane Cove West Parents and Citizens Association
has managed the OOSH service since it began in 2002 and seeks to find a new
operator for the service. Council has an
interest in the facility as it provided the original demountable building which
houses the OOSH at the school. The NSW
Department of Education and Training (DET) have sought Council’s support to
change the operator. DET has moved to be
directly involved in any matters such as running OOSH’s on School sites. Their Procurement Directorate will be
involved in local OOSH matters including addressing the OOSH shortage at Lane Cove
Public School.
Discussion
The Lane Cove West
Parents and Citizens Association which has managed the OOSH service since it
began in 2002, is seeking to find a new operator for the service.
Council has an interest in the facility as it provided the original
demountable building which houses the OOSH at the school. A legal agreement exists between Council and
the Department of Education regarding use and ownership of the building. Council will be requested officially to sign
a Deed of Variation regarding the use of the demountable by a replacement
operator. This does not affect Council’s
interest as ownership of the building remains at all times with Council. The
NSW Department of Education and Training (DET) has a Procurement Directorate
which is involved in such a transfer of operator and in OOSH matters including
addressing any shortages in numbers or management issues at local schools.
Council officers have negotiated with Peter
Troy, the Strategy Manager, Procurement Strategy of DET about these matters and
have kept good contact with the local schools.
The NSW Department of Education and Training (DET) have sought Council’s
support to change the operator. The key
issues are that the Strategy Manager will oversee the negotiations with the
P and C and the school, that DET has tendered
for a new operator, with tenders having closed at the end of November, the new
operator will be asked to sign a 3x3 agreement (3 year with 3 year option) to
manage the service and the building provided by Council will continue to be for
the sole use of the OOSH Service. Any
income received from running the service will be paid directly to the school.
Lane Cove
West School will have increased school enrolments
projected to be over 100 in 2009.
Increased enrolments are similarly projected for other Lane Cove area
schools. Due to this, DET is taking the
initiative to make sure that supplementary services such as OOSH are operating
effectively in schools. In relation to
this, DET will meet with the Lane
Cove Public
School to look to cover a shortfall in OOSH
places.
Community Consultation
Council Offices have negotiated with the DET, the Lane Cove School,
the Lane Cove School
and the Lane Cove OOSH.
Conclusion
Council Officers have been involved in negotiations
with DET about transfer of management of the Lane Cove West Out of School Hours
(OOSH) Service. The DET have sought
Council’s support to change the operator and its negotiations will be able to
deliver a new operator in 2009. DET
through their Procurement Directorate to be involved in local OOSH matters
including addressing the OOSH shortage at Lane Cove Public School.
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RECOMMENDATION
That:-
1. This
report be received and noted.
2. Council
confirm with DET that it agrees to a new operator replacing the P & C
subject to the operator
having the capacity to run the OOSH.
3. Council
sign a new agreement with DET reflecting the change of operator.
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Jane Gornall
Executive Manager - Human Services
Human Services Division
ATTACHMENTS:
There are no supporting documents for this report.