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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 Councilís 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 Councilís 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.

 

 

 


Ordinary Council 1 December 2008

 

TABLE OF CONTENTS

 

 

 

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

 

 

 

†††††††††


Ordinary Council Meeting 1 December 2008

 

Order Of The Day No. 28

 

 

 

 

 

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.

 

 

RECOMMENDATION

 

That the schedule of Council and Committee Meeting Dates for 2009, attached as AT1, be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Lane Cove Council & Committee Meeting Dates 2009

1 Page

 


Ordinary Council Meeting 1 December 2008

 

Order Of The Day No. 29

 

 

 

 

 

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.

 

 

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.†††

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

††††


Ordinary Council Meeting 1 December 2008

 

Corporate Services Division Report No. 76

 

 

 

 

 

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 councilís 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.Councilís Manager Ė 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 yearís 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.

 

 

 

 

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.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

New Framework Flowchart

1 Page

 


Ordinary Council Meeting 1 December 2008

 

Corporate Services Division Report No. 77

 

 

 

 

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 Councilís 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, Councilís policies are applied and if no such policies exist, due caution is exercised.

 

 

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 Councilís 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 Councillorís 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.

 

 

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†† *****


Ordinary Council Meeting 1 December 2008

 

Corporate Services Division Report No. 78

 

 

 

 

 

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 ďstimulate growth and economic activity across Australia and support national productivity and community well-beingĒ.

 

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 Ė 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 (ďthe DepartmentĒ) 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 Ė Strategic Projects (RCLIP Strategic Projects)

 

The second component is known as the Regional and Local Community Infrastructure Program Ė 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.

 

 

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 thesecond component of funding.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Guidelines Regional and Local Community Infrastructure Program 2008/09

3 Pages

 

AT‑2 View

Guidelines Regional and Local Community Infrastructure Program - Strategic Projects 2008/09

6 Pages

 

†††


Ordinary Council Meeting 1 December 2008

 

Human Services Division Report No. 15

 

 

 

 

 

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 Councilís support to change the operator.DET has moved to be directly involved in any matters such as running OOSHís 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 Councilís 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 Councilís 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 Councilís 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.

 

 

 

 

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.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

††††