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Agenda

Ordinary Council Meeting

16 May 2016

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.

 

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Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove  on Monday 16 May 2016 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Deborah Hutchens. 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 www.lanecove.nsw.gov.au by 5pm on 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 on 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 the Government Information (Public Access)  Act 2009, 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 16 May 2016

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

Members of the public may address the Council Meeting on any issue for 3 minutes.

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 26 APRIL 2016

 

Orders Of The Day

 

Notices of Motion

 

2.       Karilla Avenue Traffic Trial

 

Officer Reports for Determination

 

3.       Purchase of Ausgrid Substation, Birdwood Lane, Rosenthal Car Park Redevelopment Works

 

4.       Financial Assistance Grants to Community Groups 2016/2017

 

5.       Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Project

 

6.       IPART Issues Paper - Review of Local Government Rating System

 

7.       Results of the Consultation for the 2016 - 2017 Draft Delivery and Operational Plan, 2016/17 Draft Budget and 2016/17 Draft Fees and Charges

 

8.       3rd Quarter Review of the 2015-2016 Budget

 

9.       Fit for the Future - Legal Action Initiated by NSW Councls

 

Officer Reports for Information

 

10.     3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan

 

11.     Council Snapshot  

 

 

 

                   


 

Ordinary Council Meeting 16 May 2016

Karilla Avenue Traffic Trial

 

 

Subject:          Karilla Avenue Traffic Trial    

Record No:    SU5751 - 27681/16

Division:         Lane Cove Council

Author(s):      Councillor Daniel Strassberg 

 

 

Background

 

The Lane Cove North area between Mowbray, Centennial and Epping roads has recorded higher traffic movements involving non residential vehicles. This was evident by the recent and detailed traffic study of the area undertaken by council during early December 2015. These findings showed a significant "rat run" was occurring primarily during the morning peak periods. The volume was on the higher end of the scale but within RMS guidelines.

 

Council has also recently surveyed the immediate residents with a three (3) option proposal. The local residents association, Lane Cove North Residents Association has also canvassed the effected streets and presented a petition to Council. These findings were reported to Council at a previous Council workshop and meeting.

 

Option 1 recorded the most favourable response however, the RMS and Police have expressed concerns via the Traffic Committee about a permanent part closure of Karilla Avenue, into a left out only road.  This is due to the local school bus, other issues and without more detail consultation with the school and parents, they believe implementing Option 1 would be premature to do so at this time.

 

The Lane Cove North Advisory Committee met last week and again these options were discussed as well as the detailed traffic study results. This detailed traffic study using four (4) detection points examined not only traffic movements, speed, vehicle entry and exit times to determine a "rat run" by RMS definition but also number plate recognition to determine where the registered vehicles where originating. This study was complex and detailed and will form the base line study for all future studies.

 

Future

 

A number of developments in the Mowbray area will be opening during 2016 and some of these will have a significant impact on the traffic movements on Mowbray road and the surrounding streets. In particular 150 Epping Road whose only exit point city bound is via Mowbray Road and the surround streets.  Another six (6) developments in the Mowbray area will either commence or complete construction in the next 12 months and again this will see a change in traffic movements.

 

 

RECOMMENDATION

That Council:-

1.    Refer to the Traffic Committee the implementation a trial left hand ban from Centennial Avenue into Karilla Avenue during the morning peak periods as defined by the RMS by the way of road signage. (The signage would allow an exemption for buses on the designated routes);

2.    Seek the support of the local Highway Patrol to educate and enforce the changes; and

3.    Undertake another detailed traffic study in December 2016 so as to be able to compare the results of the trial.

 

 

 

 

 

Councillor Daniel Strassberg

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 16 May 2016

Purchase of Ausgrid Substation, Birdwood Lane, Rosenthal Car Park Redevelopment Works

 

 

Subject:          Purchase of Ausgrid Substation, Birdwood Lane, Rosenthal Car Park Redevelopment Works    

Record No:    SU6222 - 27678/16

Division:         General Managers Unit

Author(s):      Geoff Douglas 

 

 

Executive Summary

 

This report deals with the purchase by Council of the land known as Lot 1 in DP182149, being 88.5 m2 in area and owned by Ausgrid (Ausgrid Land). The redevelopment of the Rosenthal Avenue Car Park requires that Council purchase the land on which Ausgrid Substation S.277 is located in Birdwood Lane.  Substation S.277 is to be decommissioned and replaced by two new kiosk substations in Birdwood Avenue. Once acquired, the Ausgrid Land together with the allotments comprising the present Rosenthal Ave Carpark and the proposed road closure lots will be consolidated into a single new lot.This report recommends that the General Manager be authorised to negotiate with Ausgrid and execute contracts in respect of the purchase of the Ausgrid Land.

 

Background

 

Council committed to proceed with the project at its meeting of 21 September 2015, subject to all necessary approvals.  The project delivery timetable allows for the staged development of the project with construction works scheduled to commence in 2017.

 

On 6 May 2016, the JRPP granted staged development consent (DA 198/15) for the site, which includes in broad terms:-

1. Below Grade Retail - approx. 5,400m2;

2. Below Grade Car Park with up to 500 car spaces; and

3. Above Ground Public Domain approximately 6,750m2

 

Discussion

 

The Ausgrid Land is located facing Birdwood Lane and sits within the southern half of Rosenthal Avenue Car Park.  Options to keep the existing substation were investigated.  Its impact both on the revamped streetscape along Birdwood Lane and its significant impact on the layout of the retail and car park levels justified its relocation out of the development site.

 

Relevant correspondence between Council and Ausgrid regarding the purchase of the site, and the Valuation prepared by Chaloner Valuations is provided in a Confidential Memo circulated separately to Councillors.

 

Heritage

 

An Ausgrid requirement for the sale of the land is that a Heritage Impact Assessment (HIA) be undertaken.  Council engaged a Heritage Architect to undertake the work. The HIA concluded as follows:-

 

“Demolition of the substation will not result in the loss of a building with potential for listing as a heritage item. There will be minimal impact arising from the demolition with respect to the streetscape.

 

Demolition of the substation will also not detrimentally impact on the listed heritage items in the vicinity, which are either outside the visibility of the substation, and the substation does not contribute to the urban setting of the Lane Cove Village precinct.”

 

Relocation of Substation S.277

 

A Level 3 design has been prepared and submitted to Ausgrid for approval, to provide for two new kiosk substations on the north side of Birdwood Avenue and associated network adjustments.  This will allow the existing Substation S.277 to be decommissioned.  Design for the replacement infrastructure works is completed and procurement for these works has commenced.  It is anticipated that these works should be completed by late 2016 or early 2017.  A tender for the new substations and network adjustments will be the subject of a separate and future report to Council.

 

Conclusion

 

The acquisition of the Ausgrid land within the Rosenthal Avenue car park forms part of the overall development project.  Initial negotiations have been undertaken between the parties regarding the sale of the land.  A valuation of the land and a Heritage Impact Assessment has been completed. 

 

Funding for the development has included the package cost of decommissioning and relocating the existing substation, acquisition of the Ausgrid Land and associated adjustments to underground infrastructure.  This package is required to be completed prior to excavation works commencing on the site.  Given the long lead time, design for the replacement infrastructure works is completed and procurement of the new kiosks has commenced.

 

It is recommended that Council authorise the General Manager to negotiate with Ausgrid and execute contracts in respect of the purchase of the Ausgrid Land.

 

 

 

RECOMMENDATION

 

     That Council:-

 

1.   Purchase the Ausgrid Land being the Substation on Lot 1 in DP 182149, in Birdwood Lane, Lane Cove;

 

2.   Authorise the General Manager to negotiate with Ausgrid to agree the purchase price and finalise the sale transaction; and

 

3.   Authorise the Mayor and General Manager to affix the Common Seal to the sale contract documentation, as necessary.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 16 May 2016

Financial Assistance Grants to Community Groups 2016/2017

 

 

Subject:          Financial Assistance Grants to Community Groups 2016/2017    

Record No:    SU6104 - 27701/16

Division:         Human Services Division

Author(s):      Carol Sinclair 

 

 

Executive Summary

This Report discusses the 2016/2017 Financial Assistance Grants application process and recommends various grants to Council. Under Section 356 of the Local Government Act 1993 Council may grant Financial Assistance to Community Organisations. Each year Council calls for applications for financial assistance from community groups either based in the Lane Cove Local Government Area (LGA) or those whose assistance addresses the identified needs of people within the LGA. 

 

The Financial Assistance Grants program was promoted through The Village Observer, Council’s Website and through an extensive mailout during December 2015 and January 2016. Applications closed on 7 March, 2016. The 2016/2017 budget includes a provision of $477,000 for Financial Assistance to Community Groups.  Council has received a total of 24 applications requesting funds to the value of $500,974. Two (2) applications to the value of $3,500 were received for the Cultural Performance Venue Hire Subsidy Fund

 

Background

Community organisations play a critical role in providing vital community and recreational activities, keeping the community healthy and connected. Council’s approach to working with local community organisations is to work in partnership so that the local community can receive high-quality services and participate in important community orientated activities improving their connectedness and ability to participate.

 

Financial Assistance Grant Applications Received for 2016/2017

 

Currently, Council’s Financial Assistance Grants to community organisations fall into the following categories:-

·    Arts and Cultural Services;

·    Children’s Services;

·    Youth Services;

·    Disability Services; and

·    Aged, Community Development and Support Services

 

Applications are assessed against the criteria provided in the Guidelines attached as AT-1

 

Applicants are required to show how their application meets the needs of Lane Cove by referring to Council’s Plans. 

 

The commitment for Council based on the recommendations from the Council Selection Committee of 9 May 2016 is $405,198. A copy of these recommendations has been circulated separately to Councillors in a Confidential Memo. In addition there are recurring commitments to community organisations totaling $35,832. The recurring commitments to community organisations are listed in AT-2. The majority of these are longstanding commitments relating to Council’s contributions to rate payments, or the waiving of payments and other costs.  The estimated cost of the Presentation Ceremony in August is $3,500 and this has been allocated within the Financial Assistance budget.

The total amount of the Financial Assistance Grants Program recommended in this Report is $444,530.

 

Discussion

 

The funding recommendations were made with focus on several areas including:-

·      Support to three (3) longstanding and established organisations within the community, namely Lane Cove and North Side Community Services, Centrehouse and the Meeting House;

·      Support to projects that can be successfully completed within the 2016/17 financial year; and

·      Assisting organisations which need Council Funds/Support for their continued sustainability; and

·      Receipts of greater than $20,000.

 

Three (3) groups are recommended to receive $20,000 or more in funds for 2016/2017. They are Centrehouse, Meeting House and Lane Cove and North Side Community Service.  As outlined in the funding guidelines, organisations which receive over $20,000 will be asked to enter into Service Agreements. The Service Agreements outline the mutual obligations between Council and the organisation and stipulates how the organisation will use the funds against performance measures. 

 

The guidelines also recommend that a substantial evaluation should be undertaken every three to five years for groups receiving funding of over $20,000. A program review that also looks at the planning for continued growth and development of Meeting House has recently been conducted by consultants. Based on discussions with the Meeting House the amount of $37,950 has been provided for in this budget.

 

Board Training

Another area in which community groups require support is governance. As the Department of Fair Trading is due to make amendments to the Incorporated Associations Act, 2009 in September this year, further training in governance for community groups would also be advantageous. An effective, skilled and well-functioning Board is essential for the sustainability and development of these organisations. 

When advising of grant application outcome, information will be included on the future Board Training and it will be recommended that community organisations attend Board Training workshops once every five years, that they are to monitor changes to the Incorporated Associations Act, 2009 and review their Constitutions in line with this.

 

Requests for Extended Funding

 

Two (2) organisations have requested a longer term funding agreement with Council. 

 

On 15 February 2016, Council agreed to the request by Lane Cove and North Side Community Services (LCNSCS) to enter into a five (5) year funding agreement as part of the Financial Assistance Grants program, contingent on LCNSCS providing an annual program each February outlining how the funds will be expended with timeframes and accountability outcomes.

 

A second organisation, Centrehouse Inc, has requested funding for a three (3) year term to ensure their survival into the future due to the implementation of a relocation plan to move the centre into new premises and to ensure that the investment of the recently developed strategic plan is fully  realised. It is considered to be a reasonable request and is supported.

 

Financial Assistance Grants Comparisons with Other Areas

 

It is difficult to compare what occurs in other Council areas because of the following:-

·       Some councils run direct services and there is a mix of community based and local government services;

·       In some areas organisations can apply for funds under the ClubGRANTS program, whereby Clubs that earn over $1 million annually in gaming machine revenue provide funding for community projects and services, and in turn receive dollar-for-dollar gaming tax deductions. Lane Cove does not receive funds from this source;

·       There is no consistent accounting procedure across councils which captures the value of contributions that councils provide to local organisations; and

·       Some councils may support local groups out of separate line items as identified in their Delivery and Operational Plans and budgets.

With this in mind, presented below are some comparative figures for the 2015/2016 financial year. 

 

Council

Community Grants Program

Budget for Community Grants

Population*

Per Capita Funding

Willoughby

 

Up to $4,000

$68,084

67,355

$1.01

Ku-ring-gai

Up to $5,000

$97,900

109,297

$0.90

Hornsby

Up to $10,000

$60,000

156,842

$0.38

North Sydney

Up to $2,000

$17,500

62,289

$0.28

Hunters Hill

Up to $800

$10,000

13,216

$0.76

Lane Cove

No limit

$463,000

31,510

$14.70

Ryde

Up to $3,500

$150,000

103,038

$0.69

            Australian Bureau of Statistics, Census of Population and Housing 2006 and 2011.

 

 

Community Grants Presentation

 

Council over the past eight (8) years has invited all funded groups to a Presentation Ceremony in August to receive their funding cheques. This provides the opportunity for the Council to showcase

its Grants Program and for local groups to receive recognition for the work they do in a wider forum. It is suggested that the practice be continued and the ceremony take place on Wednesday 3 August 2016, at the Civic Centre.

 

Conclusion

 

Council’s Financial Assistance Grants Program assists in the development of a range of community based services which meet, and are responsive to changes in the needs of people living and working in Lane Cove.  It promotes equitable outcomes in terms of access to services and quality of life for all residents. Council uses its planning documents to assist in organisations’ understanding the needs of the community and in assessing the grant submissions. 


 

RECOMMENDATION

 

That Council:-

 

1.   Give consideration to Financial Assistance Grants to Community Groups for 2016-2017;

 

2.   Give consideration to Cultural Venue Performance Hire Subsidy Funds 2016-2017;

 

3.   Give Public Notice of the proposed Financial Assistance Grants to Community Groups and to the Cultural Venue Performance Hire Subsidy Funds 2016-2017, and subject to no objections being received, grant the funds to the recommended groups;

 

4.   Host the Community Grants Presentation Ceremony on Wednesday 3 August 2016, as part of the Financial Assistance Grants process;

 

5.   Provide Centrehouse Inc with a three (3) year funding agreement, contingent on Centrehouse providing an annual program each February outlining how the funds will be expended with timeframes and accountability outcomes; and

 

6.   Give consideration to a letter requesting that all Incorporated Associations that receive funding from Council undergo Board Training every five (5) years.

 

 

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1View

Attachment 1 - Guidelines for Financial Assistance Grants 2016/2017

7 Pages

 

AT‑2View

Attachment 2 -Standard Rates and Contributions - Financial Assistance Grants - 2016/2017

1 Page

 

AT‑3View

Attachment 3 - Venue Hire Subsidy program Application Form - 2016/2017

4 Pages

 

 

 


 

Ordinary Council Meeting 16 May 2016

Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Project

 

 

Subject:          Tender for the Appointment of a Consultant Quantity Surveyor for the Rosenthal Avenue Car Park Redevelopment Project    

Record No:    SU6318 - 27295/16

Division:         General Managers Unit

Author(s):      Geoff Douglas 

 

 

Executive Summary

 

Council conducted an open Tender in accordance with its Tender and Quotations Procedures, for the appointment of an external Quantity Surveying consultant for the Rosenthal Avenue Car Park redevelopment project.  Council received Tenders from nine (9) interested parties.  This report provides details on the tender process conducted and recommends that the General Manager be authorised to enter into a contract with the Quantity Surveying firm Rider Levett Bucknall Pty Ltd.

 

Background

 

Council’s adopted Major Projects Strategic Management Plan 2007-2016 includes the redevelopment of the Rosenthal Car Park site. The redevelopment involves the following three (3) components:-

1. Below Grade Retail - approx. 5,400m2;

2. Below Grade Car Park with up to 500 car spaces; and

3. Above Ground Public Domain approximately 6,750m2

 

Council committed to proceed with the project at its meeting of 21 September 2015. The project delivery timetable allows for the staged development of the project over a four (4) year timeframe with construction works scheduled to commence in 2017.  The project is intended to be constructed in two (2) stages so that some parking will be available throughout the construction process. Half of the existing surface car park will remain available for use while the basement car park and building structure closest to Lane Cove Plaza (the south end) is constructed. Then the first half of the new basement car park is opened to the public, while the second half of the project is built (north end).

 

An external consultant Project Manager was appointed to deliver the project in early 2016.  A number of secondary consultants are now required for delivery of the project, including a Quantity Surveyor.  The Quantity Surveyor is a key consultant appointment on a project.  They will perform a key role in defining and monitoring the project construction budget, facilitating the tender for the Head Contractor, reviewing and recommending on tenders received, assessing claims and variations and certifying progress claims, among other tasks.

 

Tender documents were uploaded to the NSROC e-Tendering portal on Tuesday 29th March 2016, The Tender period was for three weeks, closing on 19 April 2016.  An advertisement inviting organisations to Tender was published in Sydney Morning Herald on Tuesday the 29th of March 2016.


Tender Evaluation Panel

 

A Tender Evaluation Panel (TRP) was formed consisting of:-

1.   Craig Dalli - Executive Manager Corporate Services;

2.   Geoffrey Douglas – Director of Major Projects;

3.   Trevor Marinovich – AECOM consultant project manager; and

4.   Jason Richards – AECOM consultant project manager.

 

Tender Evaluation Criteria

 

The tender evaluation criteria were agreed by the Tender Evaluation Panel (TRP).  The tenders were evaluated against the following weighted criteria:

 

RFT  -  EVALUATION CRITERIA

%

Price

50%

Proposed Personnel, Experience, Schedule of Rates, and level of Insurances

30%

Quality Assurance, WH&S, and Proposed Method of Service Delivery

20%

Total

100%

 

Tenders closed via the NSROC e-Tendering portal on 19th April 2016, providing for a three week tender duration. 

 

The scores are listed below:

 

Tenderer

Price

Proposed Personnel, Experience, Schedule of Rates, and level of Insurances

Quality Assurance, WH&S, and Proposed Method of Service Delivery

Total Score

 

50%

30%

20%

100%

Currie & Brown Pty Ltd

Preferred

 

 

 

Donald Cant Watt Corke Pty Ltd

 

 

 

 

MBMPL Pty Ltd

 

 

 

 

MDA Australia

 

 

 

 

Muller Partnership

 

 

 

 

Rider Levett Bucknall Pty Ltd

 

Preferred

Preferred

Preferred

Tracy Brunstorm & Hammound Group

 

 

 

 

Turner & Townsend

 

 

 

 

WT Partnership

 

 

 

 

 

Following analysis of the tender submissions it was clear that some of the tendering organisations had sufficient experience skills and capabilities to deliver the project some were less adequate.  Some submissions had adequate allowances to deliver the stated scope, whilst others excluded scope resulting in a skewed tender price. 

 

Following detailed consideration of the submissions the Tender Evaluation Panel considered that the tender from Rider Levett Bucknall Pty Ltd struck the best balance between key personnel, organisational experience and resilience, price and understanding of the task.

 

Rider Levett Bucknall established operations in Australia in 1949. An award-winning global practice, it offers quantity surveying, construction cost management and a wealth of related advisory services, including asset management, risk mitigation, due diligence processes, and tax depreciation studies. The firm maintains 13 offices in all major Australian cities and regions. They are one of the largest Quantity Surveying firms operating in Australia and are considered a Tier 1 firm.

 

The nominated project team made up of Richard Rigby as director, Michael Mihailou as QS, and Sally Archer as assistant QS represents an appropriately skilled and resourced team to adequately deliver the project. The proposed team has demonstrated retail, car park, council and major landscaping project experience making them the right mix for the Rosenthal Avenue Car park project. The number of retail projects for national food retailers will be of benefit to the project.

 

Conclusion:

 

A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer, how each of the weighted criteria was assessed and details of the reference checks undertaken on the recommended tenderer.

 

Having recorded the highest combined score in the weighted criteria and having regard to the positive references for the nominated key personnel in the project delivery team, the Tender Evaluation Panel recommends that Council:

 

1.        Accept the tender submitted by Rider Levett Bucknall Pty Ltd for the provision of Quantity Surveying  Services for the Rosenthal Avenue Car Park redevelopment project for an amount of $152,500 plus GST;

2.         Authorise the General Manager to enter into a contract with Rider Levett Bucknall Pty Ltd.

 

 

RECOMMENDATION

That:-

1.    The tender for the provision of external quantity surveying services for the Rosenthal Avenue car park redevelopment project be awarded to Rider Levett Bucknall Pty Ltd for an amount of $152,500 plus GST; and

2.    The General Manager be authorised to enter into a contract with Rider Levett Bucknall Pty Ltd.

 

 


 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 16 May 2016

IPART Issues Paper - Review of Local Government Rating System

 

 

Subject:          IPART Issues Paper - Review of Local Government Rating System    

Record No:    SU5558 - 26030/16

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

The Independent Pricing and Regulatory Tribunal (IPART) have been asked to undertake a review of the Local Government Rating System in New South Wales. Subsequently IPART released an Issues Paper in April 2016 and held a Public Hearing on 26 April 2016. Submissions to the Issues Paper were to be received by 13 May 2016. This report summarises the issues and provides as an attachment Council’s submission for endorsement.

 

Background

 

The terms of reference provided by the Premier are as follows:-

·    Review the current rating system and recommend reforms that aim to enhance council’s ability to implement sustainable and equitable fiscal policy; and

·    Recommend a legislative or regulatory approach to achieve the Government’s policy that there will “be no change to the existing rate paths for newly merged councils for four years.”

The terms of reference set out the issues that IPART must consider in making their recommendations including:-

·    The rating burden across and within communities, including consideration of multi-unit dwellings;

·    The appropriateness  and impact of current rating categories and exemptions, and mandatory concessions;

·    The land valuation methodology used as the basis for determining rates in comparison to other jurisdictions;

·    The capacity of a merged council to establish a new equitable rating system and transition to it in a fair and timely manner; and

·    The objectives and design of the rating system according to recognised principles of taxation.

In addition they were asked to recognise the importance of the Integrated Planning and Reporting framework that allows NSW councils to draw various plans together and understand how they interact.

 

Discussion

 

The Issues Paper was divided into five (5) sections and required Council’s submission on twenty three questions. The sections were titled:

 

·    Taxation Principles;

·    Assessing the current method for setting rates;

·    Assessing exemptions, concessions and rebates;

·    Freezing existing rate paths for newly merged councils; and

·    Establishing new, equitable rates after the four (4) year rate freeze.

 

Council’s Chief Financial Officer attended the Public Hearing on 26 April 2016 and the following submission is attached. The submission was provided to NSROC for consideration and IPART as the closing date was prior to Council’s meeting on 16 May 2016.

 

The major issues presented in the submission were maintaining equity, providing flexibility and reviewing rating exemptions.

 

Maintaining equity is critical in Local Government areas where there are a high proportion of multi unit dwellings such as Lane Cove. In recent years Council applied and was granted by IPART an increase in minimum rates above the statutory limit by 7% per annum for 5 years until 2018/19, to increase equity within the rate base (currently 54% of residential ratepayers predominately home unit properties, are on the minimum rate of $651 contributing only 30% of residential rate income).

 

Maintaining this position should mergers proceed is a critical equity issue. Also post any merger land values can, and do differ significantly from suburb to suburb. As a result, Council’s submission recommends increasing the maximum base rate above 50% to reduce the impact large ranges in land values have on the Ad Valorem proportion.

 

Greater flexibility for councils in setting the rating structure will also be important in the event of mergers. Varying land values, rating categories, multi unit dwellings and existing rating structures in the former councils will increase the importance of flexibility in setting a new rating structure by the merged council.

 

Rating exemptions for Universities, Schools, Hospitals and Churches are also under review. Broader consideration of the use of the land should be recognised, rather than blanket exemptions. Where commercial activities are being conducted or reliance on council infrastructure is part of the use, exemptions should be forfeited or negotiated.

 

These issues and recommendations are made in Council’s submission.

 

Conclusion

 

Council’s submission to the IPART review of the Local Government Rating System be endorsed having regard to the major issues of maintaining equity, providing flexibility and reviewing rating exemptions.

 

 

RECOMMENDATION

 

That Council receive and endorse the submission to the IPART Review of the Local Government Rating System.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Review of the Local Government Rating System

4 Pages

 

 

 


 

Ordinary Council Meeting 16 May 2016

Results of the Consultation for the 2016 - 2017 Draft Delivery and Operational Plan, 2016/17 Draft Budget and 2016/17 Draft Fees and Charges

 

 

Subject:          Results of the Consultation for the 2016 - 2017 Draft Delivery and Operational Plan, 2016/17 Draft Budget and 2016/17 Draft Fees and Charges    

Record No:    SU5595 - 26291/16

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

This report outlines the results of the consultation process for Council’s proposed activities for 2016/17 outlined in the Draft Delivery Plan and Operational Plan, Draft Budget and Fees and Charges, which are recommended for adoption, subject to some minor amendments.  Additionally this report presents for consideration of Council an update of the Long Term Financial Plan.

 

Background

 

Council at its meeting of 21 March 2016 considered a report on the 2016-17 Draft Budget, Fees and Charges, and Delivery Program and Operational Plan and resolved, in part that:-

“1. Council adopt for the purpose of public exhibition, the 2016-2017 Draft Budget, Draft Fees and Charges and Draft Delivery Program (Incorporating Operational Plan);

2.   Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report;

3.   Following public exhibition, the Draft Budget, Draft Fees and Charges and Draft Delivery Program (Incorporating Operational Plan) together with any submissions received, be considered at the Council meeting to be held 16 May 2016”

 

Discussion

 

In accordance with Council Policy, Community Consultation was undertaken for a period of six (6) weeks, closing on 4 May 2016, as per the consultation strategy outlined in the previous report. It included:-

·    Public exhibitions at the Civic Centre and Libraries;

·    An email to all registered members of the community interested in any matter Council consults on;

·    A website exhibition and survey; and

·    An advertisement in the North Shore Times.

 

As a result, five (5) written submissions were received by Council, and 10 people completed Council’s survey, with varying numbers of responses for the range of survey questions.  The survey sought comments and/or satisfaction levels on the following documents:-

·    Draft Delivery Program and Operational Plan 2016-2017;

·    Draft Budget 2016-2017; and

·    Draft Fees and Charges 2016-2017. 

 


It is pleasing to note that primarily feedback was positive and constructive in respect of the plans.  Some key observations and comments raised in relation to the survey are as follows:-

·    All respondents indicated that they had read the plans on exhibition.

·    33% of respondents were either very satisfied or satisfied with the Delivery Plan.  A further 22% were neutral.  There were nine (9) responses to this question however only three (3) comments were offered to support or offer context to these responses.

·    33% of respondents were either very satisfied or satisfied with the Draft Budget, with a further 56% remaining neutral.  There were nine (9) responses to this question however only two (2) comments were offered to support or offer context to these responses; and

·    33% of respondents were either very satisfied or satisfied with the Draft Fees and Charges, with a further 11% neutral.  There were nine (9) responses to this question however only three (3) comments were offered to support or offer context to these responses.

 

Delivery and Operational Plan and Budget Comments

 

1.   Comment

 

A submission was received requesting Council include a review of the planning controls for the whole Caroline Chisholm/ Cope St precinct.

 

Response

 

The rezoning of the area would not be required for residential redevelopment, as the precincts is already zoned R4 High Density Residential under the Lane Cove Local Environmental Plan.  Council’s strategic land use planning is currently focussed on the St Leonards area, in response to the NSW Metropolitan Strategy’s  emphasis on redevelopment close to that Strategic Centre’s rail-bus public transport network. Lane Cove’s plans are already meeting the residential targets issued under the Department of Planning & Environment’s Subregeional Strategy.

 

2.  Comment

 

Very comprehensive, covering all major areas of management under the Council's control. It is well put together and easy to follow.

 

3.   Comment

 

Expressed concerns in relation to the lack of action in respect of traffic counts undertaken as part of Council ongoing program outlined in 6.2 of ‘Our Built Environment’ which aims to produce annual street capacity reports which can be used to prioritise investment in traffic management into the future.  Specifically, that Osborne Road ‘continues to be dangerously parked out by Artarmon workers’.

 

Response

 

The purpose of traffic counts is to monitor ongoing traffic movements and patterns throughout the Local Government Area over time allowing Council to examine trends in volume, speed, heavy vehicle access etc and build profiles which will indicate street sensitivity and allow Council to better identify and prioritise where investment in traffic management is required. 

Parking arrangements on Osborne Park Road were considered in a report to Council in August 2015 where Council resolved, in part, that:

“1. Council install ‘3P; 8am-6pm; Mon-Fri; Permit Holders Excepted’ parking restriction on one side and unrestricted on the other side to the study area shown in Figure 4;

2.  All regulatory signposting be retained and where there is existing two hour RPS on both sides of the street, three hour RPS will be installed on both sides of the streets;

3.  The General Manager consider ‘special circumstances’ in respect of Resident Parking Scheme Permit applications where an application does not meet Council’s RPS policy;

4.  The Scheme be reviewed and a further report come back to Council in 6 months including details of the enforcement activity undertaken and fines issued in relation to the scheme;”

 

A review of these arrangements is currently underway and submissions may be made to Council’s traffic team in relation to this matter for consideration as part of this review.

 

4.  Comment

 

It is a very large document and several sections appear duplicated. The sentiments overall are very honourable, but take Objective 3.5 - Create open space. More than ever what little open space Lane Cove has left around the central district, is being acceded to blocks of units and/or multi-storey car parks.

 

Response

 

The size of document reflects the legislative requirements in relation to Integrated Planning and Reporting.  Council has not disposed of any public open space for the development of units or multi-story car parks.  In fact, Council is working to acquire more open space in Lane Cove North i.e. Pinaroo, create new open space through the Rosenthal Avenue Car Park Redevelopment, St Leonards redevelopment and has recently upgraded open space facilities at the newly created Hughes Park in Lane Cove West which includes a new community garden space.

 

5.  Comment

 

There is no mention (pages 27-28) of the significant rat run problem in Karilla Avenue, where I have lived for 25 years. Council should move forward with Option 1 in the recent survey (Karilla Avenue left out only at Centennial Avenue).

 

Response

 

Council hosted a public meeting on Wednesday, 4 May where members of the public were invited to make representations to Councillors and relevant Council staff in relation to this matter.  Whilst no formal decision was made at this time, Council is currently reviewing available options and will consider formally in the coming months with a view to referring the matter to the Lane Cove Traffic Committee for consideration.  At present the traffic movements comply with RMS standards with traffic counts being below RMS maximums.


6.  Comment

 

I would particularly like to comment on P27 – Our Built Environment, Objective 6: Traffic, 6.1, and request you add the following. 

 

For years I have been lobbying the Department of Transport for a right-hand turn signal from Tambourine Bay Road into River Road heading towards Northwood.  There is a right-hand arrow for pedestrians, and when that goes off, the lights only allow for about two or three cars to turn against oncoming traffic from Burns Bay Road before turning red again.  Traffic mounts up in Tambourine Bay Road, blocking Hamilton Street and Sofala Avenue at morning peak times.  Buses coming from Riverview along Hamilton Street and also from the stop outside Marjorie York Park on Tambourine Bay Road need to turn right at River Road also, and this adds to the congestion.

 

I have also spoken with Lane Cove Council about the parking on Sofala Avenue and suggested alternate “no parking” signs along the street, as when cars are parked on both sides, this only allows for one lane of traffic for long stretches, and more aggressive drivers tend to play “chicken” on this street.

 

Response

 

The Traffic section advises they do not support the proposal for ‘No Parking’ signs along Sofala Avenue due to the following reasons:

·   The street is about 7-7.5m wide between kerbs which is similar to many other streets within the LGA e.g. Pengilly Street, Northwood. Installing ‘No Parking’ signage will affect the local residents and their visitors. As such, the proposal is unlikely to be supported by them;

·   Parking on both sides effectively reduces the trafficable width, resulting reduced speed. Installing ‘No Parking’ restriction in one side may potentially increase the traffic speed in this street;

·   There is only one RMS recorded crash in Sofala Avenue between the periods 2009-2014;

·   Council records do not show any traffic or parking issues in Sofala Avenue; and

·   During the site inspections, parking occupancies in Sofala Avenue were observed to be very low and did not warrant any parking restriction.

 

The request has been recorded in Council’s database and monitoring of the street will continue. Should there be a need for traffic safety improvement in this street in the future, appropriate action will be undertaken in due course.

 

Council sought comment from RMS in relation to the potential for a right turn signal from Tambourine Bay to River Road.  RMS have advised that as these traffic signals form part of the Sydney Coordinated Adaptive Traffic System (SCATS), the green time for each movement (or phase) is determined by measured traffic demand and density in real time.   Therefore the green time will continually vary according to traffic conditions to provide optimal traffic signal operation.

 

It is recognised that some delay can be experienced for vehicles turning right from Tambourine Bay Road into River Road West during peak periods. However, these delays affect all approaches during these periods due to the high volumes of traffic on River Road West. 

The installation of separate right turn for Tambourine Bay Road is not supported by RMS, as it would significantly reduce the green time available to River Road West, and thus increase delays for the majority of road users, including bus movements. Furthermore, the right turn traffic volumes from Tambourine Bay Road are considered low compared to other movements at the traffic signals and split approach phasing would result in extremely inefficient traffic signal operation.  It is viewed that the current arrangement minimises the delay at this intersection by allowing the right turn movements from Tambourine Bay Road into River Road West to filter through opposing traffic, which is a common arrangement to many side street movements.

 

7.  Comment

 

Maybe this is a little premature, unless you know something we don't!  Until it's definite that the council is not amalgamating, then it could be better not to spend up on policy programs etc until we can be sure it will go ahead.

 

Response

 

Council is required by Guidelines issued by the Officer of Local Government and legislation to adopt an Operational plan for 2016-2017 by 30 June 2016 regardless of proposed future mergers. 

 

8.  Comment

 

An additional submission was received commenting on the length of the document and suggesting that the presentation could be simplified or a summary version developed.

 

Response

 

Noted.  The development of a more succinct summary version of the Plan which highlights the key activities and projects for the coming year is supported for future public exhibitions.

 

Draft Fees and Charges 2016-2017 Comments

 

The Draft Fees and Charges are attached as AT-3. There was no community feedback about the proposed fees and charges and their reasonableness during the consultation period.  However, a number of changes are recommended following advice from the Office of Local Government.  In addition a reduction has been made to Domestic Waste Management fees and charges to reflect changes proposed in the draft budget and Filming fees as per Local Government Protocol 2009.

 

The changes proposed include:-

Interest on Overdue Rates and Charges

 

In accordance with section 566(3) of the Act the maximum rate of interest on overdue rates and charges for the 2016/17 rating year will be 8.0%.

 


Waste Management

 

DWM Annual Charge – Residential Properties                                          

$425.00 per annum    

DWM Annual Charge – Residential Vacant Land.                                            

$110.00 per annum 

 

DWMS (S.502 pay-for-use).                           

 

Extra DWM Service to Residential Properties (General Waste & Recycling)   

$ 8.20 per week

Extra DWM Service(General Waste only) to Owner Occupied

Single Residential Properties                                                                         

$ 6.25 per week

Extra Mixed Containers & Paper Recycling Service to SUD &

MUD residential dwellings                                                                        

$ 4.80 fortnightly

Waste Services to business properties (S.502) (General Waste weekly & Recycling Services fortnightly  only - No Green Waste service provided to business properties)                                                                                 

$ 8.20 per week

 

Filming Fees

 

Commercial Filming Low

$150.00

Commercial Filming Medium

$ 300.00

Commercial Filming High

$ 500.00

Traffic Control Assessment Low Activity

$ 100.00

Traffic Control Assessment Medium Activity

$ 300.00

Traffic Control Assessment High Activity

As per Council’s adopted road closure fees & charges

 

It is recommended that the Draft 2016/17 Fees and Charges be adopted subject to the above amendments.

 

Update of the Long Term Financial Plan

 

The Long Term Financial Plan is is reviewed each year having regard to the previous Financial Statements (2014/15) and the proposed Estimates. The Plan is a dynamic document which has been updated to cover the period 2014/15 – 2026 (AT-4). It includes consideration of sustainability, service provision levels and the creation, upgrading and renewal of infrastructure.

Conclusion

 

It is considered that the minimal response during the public exhibition period reflects general community support for Councils proposed activities, budget and fees and charges for 2016/17. Copies of the revised documents are available electronically only, due to their size.  It is therefore  recommended that Council adopt the documents and 2016/17 Rates, Fees and Charges and Domestic Waste Charges as proposed.

 

 

RECOMMENDATION

That:-

1.   The Draft Delivery Program and Operational Plan 2016-17 shown attached as AT-1, revised Draft Budget 2016 - 2017 with an operating surplus of $278,810 shown attached as AT-2, revised Draft Fees and Charges 2016/17 shown attached as AT-3 and updated Long Term Financial Plan shown attached as AT-4, be adopted.

2.   Council fix the Ordinary Rates and Charges for 2016/2017 as:-

a)    Ordinary Rates

(i)      An Ordinary Residential Rate of 0.178798 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $716, to yield $17,142,518.

 (ii)    An Ordinary Business Rate of 0.770688 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $853 to yield $5,438,414

(iii)     Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.203407 cents in the dollar be made for 2016/17 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $158,462

b)    Domestic Waste Management Charges

(i)    in accordance with S.496 of the Local Government Act 1993, that an annual charge of $425.00 per annum be made for the year 2016/17 for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $110.00 per annum be made for the year 2016/17, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.25 per service  be  made for the year 2015/16, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2016/17, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v)   in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2016/17, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

(vi)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.20 per service be made for the year 2016/17, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.80 per fortnightly service be made for the year 2016/17 for each extra recycling service to single residential dwellings.

c)    Interest on Overdue Rates and Charges

(i)    In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2016 to 30 June 2017 to all outstanding rates and charges be calculated at the maximum interest rate currently 8.0% as specified by the Minister for Local Government.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

2016-17 Draft Delivery Program and Operational Plan

89 Pages

Circulated Separately

AT‑2View

2016-17 Draft Budget

179 Pages

Circulated Separately

AT‑3View

2016-17 Draft Fees and Charges

27 Pages

Circulated Separately

AT‑4View

Draft Long Term Financial Plan

28 Pages

Circulated Separately

 

 


 

Ordinary Council Meeting 16 May 2016

3rd Quarter Review of the 2015-2016 Budget

 

 

Subject:          3rd Quarter Review of the 2015-2016 Budget    

Record No:    SU5558 - 25664/16

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

The 3rd Quarter 2015 – 2016 Budget Review involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

 

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 203 of the Local Government (General) Regulation 2005. This report is prepared in accordance with the clause for the period ending 31st March 2016. The Office of Local Government has issued a prescribed format for reviews which is included as an attachment to this report. The purpose of these reviews is to ensure that the impact of financial variations are reflected in the forecast of Council’s global budgetary position to 30 June 2016, and the adopted Budget adjusted accordingly.

 

Discussion

The following is a summary of Council’s adopted Budget for 2015 – 2016 and the revised Budget following the adjustments for the September 2015 and December 2015 quarterly reviews and further adjustments proposed for the period ending 31 March 2016 and outlined in this report:-

 

 

Original Budget

000’s

30.09.2015
Quarter 1 Revised Budget

000,s

31.12.2015 Quarter 2 Revised Budget

000,s

31.03.2016 Quarter 3 Adjustments

000,s

31.03.2016 Quarter 3 Revised Budget

000,s

Expenditure

$38,930

$261

$192

$98

$39,481

Income

$50,176

$272

$203

$104

$50,755

Surplus/ (Deficit)

$11,246

$11

$11

$6

$11,274

Surplus/(Deficit) before

Capital           Grants/Contributions

$389

$400

$411

$6

 

$417

 

Operating Expenditure

There are a number of changes to Operating Expenditure recommended for 3rd Quarter Review. The major changes recommended are increased legal costs for Development Application appeals and corporate issues, compulsory acquisition costs for Burns Bay Road and postage price increases in various budget programs. Also a budget variation for lines and signs has been offset by a budget variation in the NSW Fire Service levy.

In addition a review of Council’s Depreciation Schedules has been carried out and it is recommended to increase the useful life of Sealed Roads Sub Structure from 100 years to 150 years. This is in line with contemporary industry standards and will be amended in Council’s Infrastructure Asset Management Plan and Noted in the Annual Financial Statements.


 

Capital Expenditure

Changes to Capital Expenditure in the 3rd Quarter Review revolved around new Grant funded programs. A new Grant was received to upgrade the track at Warraroon Reserve and a shared Grant was received to upgrade Bob Campbell Oval. Also Grant funding was increased for both Bicycle Facilities and Roads to Recovery. These increases will be offset wth equivalent increases in Capital Income.

Operating Income

Five (5) changes are recommended to Operating Income for the 3rd Quarter Review. Development Application Fees are exceeding Budget and additional Supplementary Rates were levied in the 3rd quarter. Also budget variations for Parking Meters at St Leonards are offset by an increase in expected Parking Fines.

Capital Income

 

As discussed, recommended changes for Capital Income for the 3rd quarter are changes to Capital Grants that contra the increases in Capital Expenditure.

 

Conclusion

The following statement is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005.

It is my opinion that the quarterly Budget Review Statement for Lane Cove Council for the quarter ended 31 March 2016 indicates that Council's projected financial position will be satisfactory at year end 30 June 2016, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

RECOMMENDATION

 

That the 2015 – 2016 Budget be varied as follows:-

 

 

Original Budget

000,s

30.09.2015
Quarter 1 Revised Budget

000,s

31.12.2015

Quarter 2 Revised Budget

000,s

31.03.2016 Quarter 3 Adjustments

000,s

31.03.2016 Quarter 3 Revised Budget

000,s

 

 

 

Expenditure

$38,930

$261

$192

$98

$39,481

 

 

 

Income

$50,176

$272

$203

$104

$50,755

 

 

 

Surplus/ (Deficit)

$11,246

$11

$11

$6

$11,274

 

 

 

Surplus/(Deficit) before

Capital Grants/Contributions

$389

$400

$411

$6

 

$417

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

ATTACHMENTS:

AT‑1View

Budget Review for Quarter ended 31 March 2016

6 Pages

 

 


 

Ordinary Council Meeting 16 May 2016

Fit for the Future - Legal Action Initiated by NSW Councls

 

 

Subject:          Fit for the Future - Legal Action Initiated by NSW Councls    

Record No:    SU5558 - 26596/16

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

Council at its meeting of 26 April 2016, resolved that the Notice of Motion be deferred and a report be prepared with respect to current/recent court actions by Councils in respect of the Fit for the Future proposal. This report outlines the court actions initiated by other Councils, the basis of the action and anticipated hearing dates. The report also includes an update on actions initiated by Clr Bennison through NSW Civil and Administrative Tribunal (NCAT) seeking release of the KPMG Report.

 

Background

 

Council at its meeting on 26 April 2016, considered the Notice of Motion, “Fit for the Future – Response and Merger Cost Assumptions

That:-

1.   The Hon Peter Primrose MLC Shadow Minister for Local Government be provided copies of all correspondence to the Rev Fred Nile MLA concerning Council's response to the NSW Governments Fit for the Future program including a suggested Private Members Bill for changes to the Local Government Act to reflect the findings of the Legislative Inquiry into Local Government , in particular that no merger of Councils can be proposed by the Minister unless there is demonstrable evidence that the councils are severely unsustainable to the point of insolvency or are otherwise unable to maintain an acceptable level of service provision to their respective local communities; and

2.   The General Manager write to the Auditor General outlining Council's concerns about the accuracy of the KPMG merger cost assumptions relied on by the Minister and the Delegates in developing merger proposals and the lack of transparency by the NSW Government in failing to release the full KPMG reports so that Council's and communities can accurately respond to merger proposals.”

 

Council resolved that the Notice of Motion be deferred and a report be prepared by the General Manager with respect to current/recent court actions together with supporting documentation for Council’s consideration, having regard to the NCAT hearing scheduled for 18 May 2016.

 

Discussion

 

Legal Action in Progress – Various Councils

 

As a result, this report outlines actions initiated by a number of NSW Councils in response to the NSW Government’s Fit for the Future reform program including the basis and principles of the actions and expected hearing dates. The following table summarises individual actions taken noting the majority of matters will be heard during the week commencing 30 May, with most  Councils having an undertaking from the Minister that he will not finalise any amalgamation proposals prior to around 4:00pm on Friday, 3 June 2016.

 


 

 

Council

Basis/Principle

Court Jurisdiction

Hearing Date

Woollahra

 

·   Sought orders in the L&E court for production through a subpoena of various documents including the KPMG report so that Council had a reasonable opportunity to respond to the report

·   Also arguing the Delegate in undertaking the inquiry should have called on the KPMG Report

·   Additionally they believe there was failure to provide adequate public notice of the meeting, failure to conduct the inquiry in accordance with the Act, lack of procedural fairness and failure to seek views of Woollahra residents

·   Seeking an injunction restraining Minister from implementing proposal until it has been examined an Inquiry held and report furnished

 

Land and Environment Court

 

· Hearing date was 19 April 2016

· Awaiting determination by the L&E Court

· Undertaking from State Government not to determine proposal until judgment handed down

 

Ku-ring-gai

·   Seeking orders that the Delegates report for the Ku-ring-gai/Hornsby merger proposal is invalid and that any determination not be made until the Council has had opportunity to review the KPMG report, which it is also seeking release of.

 

Commenced in Supreme Court and transferred to Land and Environment Court

 

· Preliminary Hearing 18 May (about access to documents)

· Hearing date TBD

· Undertaking from NSW Government until 18 May at this stage not to determine proposal

 

Hunters Hill

 

·   Seeking an Order restraining Minister from implementing the Proposal and the Boundaries Commission from making comment on the proposal

·   Breaches of the Act through failure to provide reasonable notice of the Public Inquiry and not properly specifying the location of the Public Inquiry under the Act

·   Denial of procedural fairness due to failure to release and provide full KPMG Report for Council to address the independent analysis of a report central to the merger proposal.

 

Land and Environment Court

 

· Week commencing 30 May 2016

· Undertaking from NSW Government until 3 June 2016 not to determine merger proposal.

 

Mosman

 

·   Relates to their 2 separate merger proposals i.e. Mosman/Manly part Warringah and Mosman/North Sydney/Willoughby

·   Proceedings on grounds NSW Government failed to observe procedural fairness in undertaking merger proposal process including failure to release all KPMG financial analysis documents. Also, Government failed to properly notify the merger proposals and Public Enquiry

·   Further argument is that Mosman, Manly and Warringah do not form a ‘single contiguous land’

 

Land and Environment Court

 

· Week commencing 30 May 2016

· Undertaking from NSW Government not to determine proposal until 3 June 2016

 

North Sydney

 

·   Proceedings relate to administrative law grounds i.e. failure to give reasonable public notice of the inquiry, denial of procedural fairness and issues associated with failure to provide the full KPMG report.

Land and Environment Court

 

· Week commencing 30 May 2016

· Undertaking from NSW Government not to determine proposal until 3 June 2016

 

Hawkesbury

 

·   Initiated action on the basis of lack of procedural fairness in the KPMG report not being available to respond to the Delegate, validity of the public inquiry process and notifications and the perceived prejudgment of merger proposals

 

Land and Environment Court

 

· Week commencing 30 May 2016

· Undertaking from NSW Government until 3 June 2016

 

Cabonne, Oberon and Walcha Councils

 

·   Each is a party to separate merger proposals

·   Supporting the principles of the action taken by Woollahra Council on the basis the Minister failed to comply with S218F of the Local Government Act ‘The Act’ in referring merger proposals for examination by Delegate and subsequent by the Boundaries Commission was procedurally unfair.

 

Land and Environment Court

 

· Week commencing 30 May 2016

· Various undertakings from NSW  Government concerning determining proposals

 

 

 

 

 

Legal Action – Hunters Hill Council

 

Legal advice was sought (included in a Confidential Memorandum circulated separately to Councillors) on joining Hunter’s Hill proceedings from the Lawyers running the Hunters Hill case, which is based on of the following issues:-

1.   There has been a breach of s 263(2B) of the LG Act through a failure to provide reasonable notice of the public inquiry; and

2.   There has been a denial of procedural fairness through the failure to disclose the KPMG Report and/or financial analysis which underpinned the Amalgamation Proposal so that there was no opportunity for Council or its constituents to address it.

 

The reason for the large number of councils taking legal action, essentially on similar grounds, is that they are taking action in relation to individual “Proposals” by the Minister, and therefore a win by one Council in relation to one Proposal, does not automatically translate to other Council’s affected by different Proposals. Conversely, in the case of Hunter’s Hill Council’s action, Lane Cove and Ryde will ‘benefit‘ should the Court find in favour of Hunters Hill as all three councils are the subject of the same Proposal. The Hunters Hill Court action does not seek to permanently prevent the amalgamation of the three councils, rather it seeks to set aside the current process used due to the perceived flaws.  If the Court finds in the Council’s favour, the Government would have the option to remedy the situation by commencing a new Inquiry process.

 

In terms of costs for joining proceedings with Hunter’s Hill Council, the lawyers have estimated that Council’s share of costs will be in the order of $63,000. It is noted that Hunter’s Hill Council have resolved to spend up to $150,000 on legal action.

 

NCAT Proceedings - Access to KPMG Report

 

In relation to the action initiated by Clr Bennison on behalf of Council at NCAT against the Department of Premier and Cabinet, seeking release of the KPMG report and associated instructions and documents, a preliminary Directions Hearing was held on 26 April 2016. At that Hearing a number of directions were made in respect of setting dates for filing and serving to the Court documents and submissions as well as the narrowing of the scope of documents sought.

 

Additionally, the matter was listed for a further Directions Hearing on Tuesday, 10 May at which further directions were made in respect of producing evidence and confidential documents to the Court by 13 May in the lead up to the Hearing on Wednesday, 18 May. Basically, the respondent, being the Department of Premier and Cabinet was required to file and serve evidence to the Tribunal as to why access to the KPMG report and associated documents was refused.  Clr Bennison’s case is that all documents affecting the Lane Cove merger proposal particularly any reports, including drafts and financial modeling prepared by KPMG for the NSW Government, which underpin the merger proposal, should be released on the basis of overwhelming Public Interest.

 

Conclusion

 

The outcome and further developments with the various court actions will continue to be monitored and where there are potential favourable outcomes, Council will be advised of any opportunities. Additionally, Council will be informed of the determination of the NCAT proceedings listed for 18 May 2016.


 

RECOMMENDATION

That Council:-

1.    Receive and note the information; and

2.    Determine the Notice of Motion.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 May 2016

3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan

 

 

Subject:          3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan    

Record No:    SU238 - 26287/16

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

Executive Summary

This report outlines the 3rd Quarter progress towards achieving the projects listed in the adopted 2015-16 Delivery Program and Operational Plan.  It is recommended that the report be received and noted.

Discussion

Council’s adopted 2015-16 Delivery Program and Operational Plan details the projects proposed to be undertaken during the financial year in order to meet the goals and objectives of Lane Cove 2025 - Community Strategic Plan. Council reports quarterly on the progress towards completing the projects and achieving the targets for the adopted performance measurements. The 3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan is shown attached as AT-1

 

The projects in the Quarterly Review are listed by the responsible Council Division and where the project has a completion date the ‘Action Status’ column graphically demonstrates the progress towards completion. The Review also includes a comment on the status of each project.

 

The Quarterly Review also provides a report on progress towards achieving the targets set for performance measurement for each Division of Council. A cumulative figure for performance measurement is shown so that performance can be tracked each quarter towards achieving the required target.

The highlights of the projects either commenced or completed for the 3rd quarter include:-

·    Council partnered with the Australia Day Council of NSW for annual Australia Day celebrations and citizenship Ceremony in Lane Cove Plaza (January).

·    Lane Cove Cultural Plan was adopted by Council (February).

·    Council ran its annual Lunar New Year event featuring a variety of new performances (February) and a new signature event “Lane Cove in Harmony” was held at Tantallon Oval featuring a diverse range of cultural foods, arts and a free movie (March).

·    AECOM Australia Pty Ltd were appointed as the Project Management Consultant for the Rosenthal Avenue Car Park Redevelopment and Executive (Project) Management Team appointed to oversea project (March).

·    Walk Around the World program held with 563 participant (March).

·    2016-2017 Draft Delivery Program and Operational Plan, Draft Budget and Draft Fees and Charges were endorsed and placed on public exhibition (March).

·    24 organisations submitted applications for Council’s Financial Assistance Grants

·    New Health and Safety Committee was formed (March).

·    Official opening held for Community Garden at Hughes Park (March).

·    Tender for the River Road Embankment Stabilistation works from Specialised Geo Pty Ltd was accepted (March).


 

RECOMMENDATION

 

That the 3rd Quarter Review of the 2015-16 Delivery Program and Operational Plan be received and noted.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

3rd Quarter Review of 2015 - 2016 Operational Plan

59 Pages

 

 

 


 

Ordinary Council Meeting 16 May 2016

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:    SU220 - 27154/16

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

Attached for the information of Councillors is a review of Council’s recent activities, entitled Council Snapshot.  This report provides a summary of the operations of each Division.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot

44 Pages