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.
1. Proposed Special Resolution Regarding Amending the NSROC Constitution
Officer Reports for Determination
2. Tender for the Alterations and Renovations to the Greenwich Baths Clubhouse
3. Local Government and Shires Association of New South Wales - Election of Board of Directors
Record No: SU902 - 28805/16
Division: Lane Cove Council
Author(s): Councillor Deborah Hutchens
Councillors, over the last few months the NSROC Board has considered the options for the operations of NSROC in the context of the Local Government reform agenda, including the receipt of legal advice and weighing various options for the organisation over the coming year.
At the most recent meeting (May 5th 2016) the Board resolved to take steps to amend the NSROC Constitution by way of changing the Council representatives on the NSROC Board from a Mayor or Councillor, to take effect in the event that Councils are dissolved as part of the ‘Fit for the Future’ local government reform process. The amendment will basically facilitate the Board being populated by delegates of existing member councils rather than the Mayor or a Councillor.
This Mayoral Minute sets out those proposed Constitutional amendments for the consideration of Council and will seek nomination of two (2) delegates to represent Council on the NSROC Board in the event of the dissolution of Lane Cove Council.
At its meeting of May 5th 2016 the NSROC Board considered a paper outlining options for the direction of the organisation in the context of the Local Government reform agenda.
At the meeting, the Board resolved a ‘business as usual’ approach for the upcoming year and endorsed a Business Plan and Budget that will see the organisation through 2016-17 with a focus on well-established and/or previously-agreed strategic issues and projects. Such an arrangement will allow for the organisation to continue through the next 12 months whilst the local government reform process takes shape, and the revised configuration of northern Sydney Councils becomes a reality, in whatever form.
In addition, the NSROC Board resolved to take appropriate steps to amend the NSROC Constitution. The resolution from the May 5th Board meeting is as follows:
1. To undertake appropriate actions to amend the NSROC Constitution so that in the event of member Councils being dissolved as a result of action under the Local Government Act 1993, each of the member Councils in place immediately prior to the dissolution of Councils are represented on the NSROC Board by two delegates until such time as elections for the newly formed Councils are held and they nominate their Board representatives. The two delegates are to be selected by each of the current member Councils.
2. That legal advice be sought to establish the appropriate form of wording to amend the NSROC Constitution to give effect to resolution (1).
3. That an extraordinary meeting of the NSROC Board be called, with 21 days notice, for a Special Resolution on this matter to be considered.
4. That the NSROC Executive Director write to each of the NSROC member Councils to recommend that they:
i. resolve to endorse the position to amend the NSROC Constitution in the manner set out in this resolution, noting that such a resolution of member councils will have to be made prior to the date of the Extraordinary Meeting of the NSROC Board; and
ii. Select two delegates to represent that Council on the NSROC Board in the event of councils being dissolved.
The Reason for Amending the Constitution
This NSROC Constitution requires that the Governing Board of the organisation is populated by two ‘delegates’ from each Council, who must be the Mayor and a Councillor. Received legal advice states that given the terms of its Constitution decision-making roles on the NSROC Board could not be filled if the proclamation temporarily extinguishes the roles of Mayor and Councillors – in short, there would be no person qualified to sit on the Board in accordance with the wording of the Association’s Constitution. As a result, the operations of NSROC would be limited to matters already approved by a duly constituted Board (that is, approved before any proclamation to abolish Councils is made) or able to be put into effect under delegated decision-making by staff or others such as General Managers.
The legal advice notes that a potential solution to this situation is that the NSROC Constitution be amended so that the Board could be populated by Council delegates in the event that role of Mayors and Councillors are extinguished.
The Process of Amending the Constitution
The Associations Incorporation Act provides the requirements for amendment to the NSROC Constitution, being a special resolution of the organisation (as defined in the Act). The Act sets out that not less than 21 days notice is to be given for a meeting involving a special resolution (including notice of the intended motion) and that in order for the decision to be carried the motion must be supported by a majority of not less than three-quarters of votes cast.
The process of amending the organisation constitution would be for each member Council to consider the proposed amendment. The matter would return to a subsequent Board meeting to be determined as a ‘special resolution’. At such a meeting three-quarters of the delegates (as per Clause 28 of the Constitution) would need to agree to the recommendation (provided that the majority of Councils are represented by at least one delegate) for it to be passed.
If a constitutional amendment is endorsed, the amended Constitution would need to be forwarded to the Commissioner of Fair Trading for ratification.
The Proposed Constitutional Amendment
In accordance with the NSROC Board resolution, legal advice has been sought as to the appropriate wording of any amendment to the Constitution. The proposed amendments are included in the draft amended Constitution at AT-1 (amendments shown in red). I consider that the proposed amendment to the Constitution will facilitate the continued operation of NSROC and its key advocacy role and resource sharing opportunities for Northern Sydney Councils during the reform period.
1. Endorse the proposed amendment to the Constitution of the Northern Sydney Regional Organisation of Councils and direct Lane Cove Council representatives on the NSROC Board to support this decision at the Extraordinary NSROC Board meeting to be held on 2 June 2016; and
2. Nominate two (2) delegates to be the Councils representatives on the NSROC Board should Clause 5 of the NSROC Constitution come into effect
Councillor Deborah Hutchens
NSROC Amended Constitution
Record No: SU6317 - 28551/16
Division: Human Services Division
Author(s): Jane Gornall
Council has recently called for tenders in accordance with Council’s Tender and Quotation Procedure to undertake alterations and renovations to the main building at Greenwich Baths – referred to as the Greenwich Baths Clubhouse building. Following assessment of the tenders received it is recommended that Council reject all tenders and negotiate with the two (2) tenderers that submitted tenders within the tender period.
The site for the Greenwich Baths was selected by May 1914 with approval from the Lands Department to build the Baths received in November 1915 and the lease prepared by the Sydney Harbour Trust in February 1916. Council called tenders for the Baths in January 1916 and the construction was practically completed by September 1916 with the official opening taking place on November 4, 1916.
The oldest building on the site is the “clubhouse’ built in 1932 for the Greenwich Amateur Swimming Club. The club ceased to exist by 1936 and the then lessee of the Baths began to use the clubhouse for functions. Between 1930- 1988 there were a range of alterations and changes being made at the Baths which included in the conversion of the Baths Clubhouse into a dwelling in 1967.
In 2015, Council appointed Clive Lucas Stapleton & Partners to undertake a heritage assessment of the Baths to ensure that the heritage nature of the Baths was protected if works were to be undertaken. The works included to be undertaken by this tender have been compiled in line with the recommendations from the heritage assessment. A copy of the Heritage Assessment is attached at AT-1.
The proposal involves alteration and addition to the Clubhouse building in Greenwich Baths and includes:-
· Restoration of the upper level including reinstatement of windows to its original configuration, installation of larger windows to resemble the original balcony configuration and repainting of all facades to the original cement grey with the original “BATHS” sign;
· Restoration of bath access stairs and addition of extra metal handrails and anti-slip nosing; and
· Demolition of the lower level infill and construction of new male, female and accessible public toilets and change rooms.
The DA has been discussed with both Crown Lands and the Roads and Maritime Service (RMS) from whom Council lease the site. The Development Application was approved by IHAP on 1 March 2016.
The tender specification detailed the schedule of work, hours of work, safety requirements and reporting requirements.
Council advertised the tender in the Sydney Morning Herald on Wednesday, 20 April, Saturday, 23 April and Tuesday, 26 April 2016 and in the North Shore Times on Friday, 22 April 2016. The tender was also advertised via Council’s website and through Council’s online tendering portal, Tenderlink. Tenders closed at 2.00pm on Wednesday, 11 May 2016. A site visit was conducted on Thursday, 28 April 2016.
Council received two (2) tender submissions by the closing time plus one (1) late tender being received after the tender box was opened.
The tender evaluation panel consisted of Council’s Executive Manager – Human Services, Council’s Infrastructure Planner and the Acting Manager – Facilities.
There is a significant difference in the prices submitted by the two (2) tenderers. Both of the prices exceed the estimate from the Quantity Surveyor. Due to the difference in the submitted prices and the fact that both prices are over the estimated cost it is recommended that Council reject all tenders and negotiate with both tenderers.
A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer and issues relating to the tender. Due to the difference in the submitted prices and the fact that both prices are over the estimated cost it is recommended that Council reject both tenders. As Council has already been to the market, which included extensive advertising it is not recommended that Council retender, but rather enter into direct negotiations with the two (2) tenderers. This process might require a revision of the scope of the project to bring it into line with the budget.
1. Council reject all tenders and as Council has called tenders and identified suitable builders capable of undertaking the project, rather than call fresh tenders, enter into direct negotiations with the two (2) tenderers to further assess their suitability and to confirm a price;
2. The General Manager be authorised to conduct such negotiations in line with the quantity surveyors estimate and if negotiations are successful to enter into a contract with the preferred contractor; and
3. A further report be submitted to Council outlining the results of the negotiations.
Executive Manager - Human Services
Human Services Division
Greenwich Baths Heritage Assessment Report - Clive Lucas Stapleton Partners
Record No: SU896 - 27860/16
Division: Corporate Services Division
Author(s): Craig Dalli
The purpose of this report is to provide information about the election of persons to the Board of the Local Government and Shires Association of New South Wales (the “Association”). The Association asked the Australian Electoral Commission (“AEC”) to seek an Election Inquiry immediately after the Board election held at their 2015 Annual Conference, as an error caused a voting irregularity. As a result, the election of 13 persons on the Board of Directors of the Association was declared void and fresh elections will be held by secret ballot paper. This report will seek to confirm Council’s three (3) voting delegates for the Election.
Council as its meeting of 20 July 2015 resolved that Councillors Bennison, Brooks-Horn, Hutchens and Karpin be authorised to attend the 2015 Local Government Conference as Council’s voting delegates with Councillors Gold, Cheong and Palmer as alternates.
On 29 March 2016 the Federal Court of Australia (“Court”) made an order declaring that the election of 13 persons on the Board of Directors of the Association declared on 16 October 2015 void and each such person not to have been elected. The offices of President and Treasurer, to which position Councillor Bennison was elected, were unaffected, and the Court determined that three other directors were not impacted by the irregularity because of the size of their respective primary votes.
The irregularity occurred whereby some voting delegates from Hawkesbury City Council were wrongly included on a roll of voters (Rural/Regional) rather than another (Metropolitan/Urban). The Court determined the error had the potential to affect the result of the ballot for Vice Presidents and Directors as the outcome was close and the wrong assignation of the Hawkesbury City Council delegates could have been critical.
The Fair Work Commission has directed the AEC to conduct a fresh election for the affected positions, and in accordance with the Court’s orders the election will be by secret postal ballot. The vacant positions are:-
· Vice President (Metropolitan/Urban council);
· Vice President (Regional/Rural council);
· Five (5) Directors (Metropolitan/Urban council); and
· Six (6) Directors (Regional/Rural council).
The only candidates eligible for these positions are those who stood for them in 2015. A nomination for election may be withdrawn by a candidate, provided that a notice of withdrawal in writing is received by the Returning Officer no later than seven (7) days before the holding of the ballot.
The formula for calculating the number of voting delegates is provided for in Rule 23 of the Association’s Rules.
The number of voters Lane Cove is entitled to is three (3) voting delegates. Council must nominate its voting delegate(s) for the postal ballot by 12:00 noon on Thursday, 2 June 2016. No changes to voting delegates will be accepted after this time.
Ballot papers will be posted to Council’s voting delegate on Thursday, 9 June 2016, with the ballot closing at 10:00am on 30 June 2016.
1. Receive and note the report; and
2. Nominate its three (3) voting delegates for the 2016 election to vacant positions on the Board of Directors of the Association.
Executive Manager - Corporate Services
Corporate Services Division
There are no supporting documents for this report.