Agenda of Ordinary Council - 19 September 2016

Ordinary Council Meeting 19 September 2016

Public Petition to Street Vending in Lane Cove Local Government Area

Subject: Public Petition to Street Vending in Lane Cove Local Government Area

Record No: SU4334 - 55515/16

Division: Environmental Services Division

Author(s): David Wilson

Executive Summary

Council is in receipt of a petition with 600 signatures requesting that Council allow street vending for the selling of flowers in the break down / widened road lane on Burns Bay Road near the pedestrian overpass. Over the years there has been debate as to the regulatory authority responsible for enforcement of activities both on the road and on the road reserve (footpath) as Burns Bay Road is defined as an arterial road. This report outline the arguments for and against, and the need for a policy framework should Council wish to seek to support street vending.

Background

The NSW Roads & Maritime Services initially undertook a review of arrangements with no standing signs installed approximately 12 months ago to ensure Police vehicles could lawfully park and undertake ‘Random Breath Testing’ of drivers at the site. This also addressed the unauthorised street vending that was being undertaken, (i.e selling of cut flowers and fruit and vegetables).

In recent months after multiple warnings to move on, Council adopted an enforcement strategy to address these breaches.

In recent weeks, a property owner from View Street, Linley Point has ‘allowed’ the vendor (flower seller) to park his vehicle in an area that he alleged was on private property, shown in (AT-1), and therefore continue to sell flowers without the impact of parking on the road and the vehicle parking restrictions. The resident was advised that allowing such an activity on his land (Lot: 41 DP: 655485: Corner 13 Burton Street Linley Point) was a breach of the Environmental Planning & Assessment Act, 1979 and subject to a Notice being issued to cease the activity. The land owner was also advised that the area in which the flower seller had parked his vehicle was within the road (Lot 1 DP 215542 Burns Bay Road, Linley Point) reserve and also subject to penalty.

Discussion

Council receives enquiries from local businesses that operate with Development Consent within our commercial districts from time to time about unauthorised street vending. Staff also receive enquiries requesting approval to operate mobile business (coffee van, flower and fruit selling). Council staff are consistent in their approach in advising that mobile vending is not allowed other than for community events.

Community events include Council events conducted in local parks, school fetes and where roads are closed off for one off events such as the 7 Bridges Walk. In all of these situations the vendors are approved for only one (1) day. These activities don’t impact on the local economy, and importantly do not compromise road safety as they are properly managed and regulated.

Letter of Support and Petition

In late August Council received a letter and petition in support of the continued use of the road shoulder for itinerant vendors including a flower, fruit and vegetable merchant. The current road restrictions prohibit the standing of vehicles on the road and the adjoining RMS land which effectively prevents the area being used for the itinerant sale of produce.

The letter by the head petitioner infers that Council sought to impose the ‘No Parking’ restrictions and Council staff have been directed to specifically enforce the parking restrictions. Council Rangers have issued penalty infringement notices as part of normal parking monitoring. They have not been directed to monitor this site as a particular problem.

Argument in Support

The letter by the head petitioner indicates the practice of selling flowers and produce from the site has been ongoing for some 40 years. Council is not aware of any specific issues arising from the operation of the vendors.

If Council wishes to support the practice it would need to seek the approval of the RMS to reverse the parking restrictions. Secondly the Dept of Primary Industries, Food Authority, Guidelines for Mobile Food Vending outline a range of requirements including the requirement to obtain the prior consent of every local council in whose area the vehicle will be used for storing, preparing or selling food. Council does not have an existing policy framework, approval process or charging structure for commercial operations. Issues to be addressed in a policy framework would include:-

· The sale of food from a mobile food vending vehicle may only take place with the approval of the owner or person in control of the land on which the vehicle is parked.

· The use of a vehicle to sell food in a public place that is, land owned or controlled by the Council, requires the prior approval from the Council.

· Annual Inspections of vehicles and/or equipment may be required to ensure compliance with the Food Safety Standards.

· Equity, in terms of whom and how vendors will be allowed to operate.

If Council wishes to pursue facilitating continuation of commercial street vending, a policy framework would need to be developed.

Argument Against

Generally councils which permit the sale of produce on road reserves are in rural areas where farmers sell home grown produce at road side stalls. In such cases the sale of local goods is considered reasonable and provides an opportunity to promote local produce.

The RMS sought to regulate the parking restrictions to permit Police to conduct ‘Random Breath Testing’ safely. Clearly the changed parking may have also had the result of restricting the practice of itinerant traders. There may be some merit in the argument that itinerant traders, with lower overheads and using highly visible areas have an unfair advantage and divert business from lawful traders in local commercial areas.

Conclusion

The public petition whilst well intended, seeks to have the flower seller and other itinerant vendors remain based on the convenience and discounted cost of goods that it provides. The broader issues of traffic, safety, economic and amenity are equally applicable as is the impact on nearby businesses that operate and are conducting their businesses lawfully.

Notwithstanding arguments for and against the use of this site for itinerant sale of produce, Council may wish to have the petition referred to the local Traffic Committee for consideration of safety and other relevant issues prior to any determination or alternatively, Council may form the view that the current ‘NO PARKING’ restriction is appropriate and that the petitioner be advised accordingly.

RECOMMENDATION

That Council consider the report and determine the matter.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1View	Covering Letter and Sample Petition Page Requesting Authority for Antonio Meduri to Operate as Flower Vendor - Near Shoulder on Burns Bay Road, Linley Point	3 Pages
AT‑2View	Flower Seller Map Location - Burns Bay Road,Linley Point	3 Pages

Ordinary Council Meeting 19 September 2016

Lane Cove Garden Competition 2017

Subject: Lane Cove Garden Competition 2017

Record No: SU6377 - 55200/16

Division: Open Space and Urban Services Division

Author(s): Kirsten Mawby

Executive Summary

At the Ordinary Council Meeting on 20 June 2016, Council resolved to investigate possibilities for an annual Garden Competition. This report details options for the Lane Cove Garden Competition. Councillors are requested to consider the advice and determine if they would like to proceed with a competition in spring 2017.

Background

At the Ordinary Council Meeting on 20 June 2016, Council resolved that the General Manager provide a report on the options for Council having an annual Garden Competition, with the report to include:-

1. Timing of the competition;

2. Categories that would be covered and suggested prize amounts;

3. Possible sponsorship opportunities;

4. Judging criteria;

5. Promotional opportunities; and

6. Operation of an open garden scheme.

Staff have carried out research into competitions held in Sydney and around the world and have formulated criteria and timings for the competition based on this research.

Gardening competitions have been run successfully by councils across the globe including City of Sydney, Ryde and North Sydney Councils, enhancing the visual appearance of each municipality.

Discussion

Timing of the Competition and Promotional Opportunities

To allow competitors and judges time to organise it is recommended that the competition is held in the spring of 2017. Applications would open on 1 September 2017, closing on 15 September 2017. Judging would take place between 16-20 October 2017.

Promotional opportunities include the October 2016 Village Fair, community groups (e.g. PermaPatch and FoodFaith), Council-run programs (e.g. Backyard Habitat, Bush Friends, Bush Kids and volunteer programs) and online. Additionally, in 2017 the applications could be advertised through Council’s July quarterly newsletter, e-newsletters and the Village Observer. The estimated cost of promotional activities will be approximately $2,000 to cover printing of fliers and a half page advertisement in The Village Observer.

It is recommended that the competition is initially advertised as part of an informal community consultation in spring 2016 to gauge interest in such a competition and to give the community the opportunity to plan their garden entries well in advance. If it goes ahead the competition and application forms would be advertised from July ‑ September 2017.

Categories, Awards and Prizes

Given the demographic of Lane Cove suggested categories would be:

Award Category	Prize Value
1. Best Garden Overall	$500
2. Best Terrace or Balcony (to allow apartment dwellers to participate);	$250
3. Best Native Garden	$250
4. Best Formal Garden	$250
5. Best Sustainable Garden	$250
6. Best Edible Garden	$250
7. Best Community Project (to encourage pride in the community, community engagement and community cohesion).	$250

The total prize value would be in the region of $2000; or $2600 if you were to include $100 runner‑up awards for categories 2-7.

It is recommended that competitors are allowed to enter one (1) or more categories.

The category “Best Community Project” is designed to allow community and volunteer groups without a formal garden to compete. Similar categories in Royal Horticultural Society competitions have had a direct impact on improving the overall appearance of the public domain.

Possible Sponsorship or Fundraising Options

Promotional costs and prizes are estimated to total approximately $5,000 which would need to be made available in Council budgets if the competition is to go ahead.

Ways that some of this expenditure could be recouped include:

1. A $5 entry fee from competition participants. This would generate guaranteed income but would not necessarily cover the full costs of the competition, dependant on the number of entries received. It may also deter people from entering the competition.

2. Sponsorship –

· There are very few local gardening businesses in Lane Cove however other local businesses that benefit from a visually aesthetic environment may wish to contribute in return for advertising e.g. restaurants, cafes, local real estate or travel agents.

· Approaching larger companies or nurseries including Bunnings, Australian Native Landscapes, Flower Power etc. for sponsorship.

Sponsorship is not a guaranteed source of income but could be used to offset the budget if successful.

3. Grants – sustainability and community grants are again not a guaranteed source of income but could potentially be used to offset the budget for a competition to take place.

Judging Criteria

Initial applications to the competition would shortlisted based on a 250 word response about what the garden has to offer and up to four (4) photographs of the garden. This is a similar approach to other Councils in NSW, reducing the labour intensive method of visiting every garden entered.

Shortlisted gardens would be visited between 16-20 October 2017 with the judging criteria varying depending on the category entered:-

· Best Native Garden and Best Formal Garden judged on species selection, habitat value, solar access, creation of wildlife corridors, use of form and colour, companion planting, minimal chemical use, seasonal consideration, with bonus points allocated for use of endemic species.

· Best Sustainable Garden and Best Community Project judged on low water usage, water reclamation and use, use of recycled materials, use of composting, organic pest and weed controls, species selection, use of alternative energy sources, heritage value. Best Community Project Overall also judged on level of community participation and increased visual impact on the area.

· Best Edible Garden judged on variety of plants, native edibles, use and end use of garden, use of colour, use of recycled materials.

· Best Garden Overall judged on being welcoming, visual impact, feeling of ‘Sense of Place’, functionality of design, separate use areas, inclusive by design, heritage value, integration of built and natural environments, and the judging criteria of the other award categories.

Operation of an Open Garden Scheme

An open garden scheme could potentially be held, however it is best dealt with in a separate fashion from a garden competition and run by a local gardening group or community.

Community Consultation

A public survey (AT-1) is proposed to be undertaken as part of Sustainability Lane at the Village Fair to gauge community interest in such a competition, the competition timing and the categories that can be entered.

Conclusion

Pending community interest, to be gauged from the consultation process, it is possible to hold a garden competition in Lane Cove. Gardening competitions have been run successfully by councils across the globe including City of Sydney, Ryde and North Sydney Councils enhancing the visual appearance of each municipality. A budget would need to be allocated for promotion and prizes; however this could potentially be off-set through sponsorship, grants or an entry fee.

RECOMMENDATION

That Council:-

1. Receive and note this report; and

2. Endorse the public survey proposed to be undertaken as part of Sustainability Lane at the Village Fair to gauge community interest in holding the competition, the timing of the competition and the categories proposed.

Peter Patterson

Executive Manager

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1View	Lane Cove Gardening Competition Survey	2 Pages
AT‑2View	Draft Inaugural Garden Competition Brochure	4 Pages

Ordinary Council Meeting 19 September 2016

Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council Committees for 2016-17

Subject: Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council Committees for 2016-17

Record No: SU868 - 56122/16

Division: Corporate Services Division

Author(s): Kirsty Beram

Executive Summary

The purpose of this report is to outline the procedures for election of the Mayor and Deputy Mayor and to appoint Councillor representatives on Advisory and External Committees for the next 12 months. In view of the current merger proposal it will be recommended that existing Councillor representation on Advisory Committees and External Committees be retained until either a merger is proclaimed or a review is undertaken after the Council elections scheduled for September 2017. Additionally, it will be recommended that existing terms of reference for Advisory Committees be retained.

Discussion

In view of the Council merger proposal and subsequent deferral of Council elections originally scheduled for Saturday, 10 September 2016, Council is required to conduct a Mayoral Election during the month of September 2016. The Mayor and Deputy Mayor will continue in that role until the earlier of a proclamation for a merged Council or immediately after the next scheduled Council Elections. It is noted that under phase 1 reforms of the Local Government Act, the term of office for a Mayor elected by Councillors has been increased to two (2) years. This provision will apply after the next Council election involving Lane Cove Council or a merged entity Lane Cove Council is part of. For those councils who conducted elections on Saturday, 10 September 2016, unless the Mayor was popularly elected, the term of office for their newly elected Mayor will be two (2) years.

Election of Mayor and Deputy Mayor

Councillors have previously been provided nomination forms for the position of Mayor and Deputy Mayor for the next 12 months. Clause 3(2) of Schedule 7 of the Regulation provides that if more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot (secret ballot) or by open voting (show of hands).

Councillor Representation on Committees

Council currently operates various advisory Committees, and participates in other external Committees to provide a forum for discussion of broad, local and regional issues among council representatives, local agencies and community members.

Councillors should also note the following procedures apply to Committees:-

· The Mayor is an ex-officio member of all Internal Advisory Committees and has the right to give notice of business for the Agenda, move and second recommendations and vote on matters;

· All Councillors can attend Internal Advisory Committees, however non-members of the Committee cannot; give notice of business for the Agenda, move and second recommendations or vote on matters ; and

· All Councillor representatives on Internal Advisory Committees may arrange an alternate Councillor to attend as required.

Councillors represent Council on a number of Advisory and External Committees, a list of these Committees, their purpose, current representation and meeting frequency is shown below:-

Aboriginal Advisory Committee

This Committee was formed in 2013 to increase knowledge and understanding of Aboriginal culture, to foster positive relationships between Council and Aboriginal people and provide advice to Council regarding aboriginal education, health, tourism, employment, culture and customs. The Meetings are held monthly on the 4th Monday in the Training Room at 7.15pm.

Current Representation: Councillors Bennison and Karpin with Councillor Gold as alternate. and appropriate staff as determined by the General Manager.

Age Friendly Advisory Committee

Council at its meeting of 21 July 2014 resolved to establish an Age-Friendly Advisory Committee to provide advice and assistance to Council on the implementation of the Age Friendly Action Plan including prioritisation and awareness of strategies and initiatives. The Committee meets at least bi-monthly.

Current Representation: Councillors Hutchens, Cheong and Karpin, with Councillor Palmer as alternate.

Anzac Working Party

This Committee was formed in 2014 to co-ordinate local events and activities from 2014- 2018 to mark 100 years of the ANZAC’s. The Working Party comprise representatives from the RSL Sub-branch, designated Councillors and staff nominated by the General Manager.

Current Representation: Councillors Hutchens and Brooks-Horn

Bushland Management Advisory Committee

Commenced in the 1980’s to discuss bushland management issues and monitor implementation of Bushland Plan of Management. This Committee which provides advice and recommendations on bushland management within Lane Cove, includes 3 Community Representatives and 3 Representatives of the Lane Cove Bushland and Conservation Society. The Committee meets monthly on a Wednesday at 6:00pm in the Committee Room.

Current Representation: Councillor Strassberg and appropriate staff as determined by the General Manager.

Cameraygal Festival Committee

Formed in 1991 to formulate, plan, develop and promote activities within Lane Cove. The Committee meets from February to August and also in October on the 3^rd Thursday of the month at 6pm in the Committee Room. The role of the Committee is to organise the Festival and provide advice and recommendations to the General Manager on the Festival.

Current Representation: Councillors Bennison, Cheong and Palmer with Councillor Strassberg as an alternate and appropriate staff as determined by the General Manager.

Carisbrook Advisory Committee

Carisbrook is the oldest surviving house in its area, purchased by Council in 1969. The House and Gardens are managed and maintained by Council, and the Lane Cove Historical Society manages the furnishing and showing of the House. This Committee assists in setting the direction for Carisbrook House and will meet every 6 weeks on Wednesdays at 9.30am in the Human Services Committee Room. The role of the Committee is to provide advice and recommendations on Carisbrook House.

Current Representation: Councillor Hutchens and appropriate staff as determined by the General Manager.

Centrehouse Management Committee

Centrehouse is a not-for-profit community art and leisure centre offering leisure learning for the community, including various courses for children to adults and facilities for hire. The Management Committee meets on the 1^st Wednesday of each month at Centrehouse at 5.30pm. As this is an external Committee, the role of the Committee is governed by Centrehouse.

Current Representation: Councillors Brent and Gold.

Council Selection Committee

This Committee considers nominations and provides recommendations to the General Manager for Council's Citizenship Awards, Australia Day Awards, community appointments to Councils advisory Committees, tenders, grants, and other awards as required and will meet when required. The Meetings are held as required during Council Workshops on 2^nd Monday of the month.

Current Representation: All Councillors and appropriate staff as determined by the General Manager.

Internal Audit Committee

Formed in 2009 to provide independent assurance and assistance to Council on risk management, control, governance, and external accountability responsibilities. The DLG Guidelines recommend that the Mayor not be the Councillor representative on this Committee. There are (2) two independent representatives on the Committee with one of them being the Chair of the Committee. The Committee meets quarterly in the Cobra Room at 2.30pm on a Wednesday. The role of the Committee is to provide advice and recommendations to the General Manager on business functions and processes subjected to an internal audit.

Current Representation: Councillor Bennison, with Councillor Palmer as alternate and appropriate staff as determined by the General Manager.

Joint Regional Planning Panel (JRPP)

The JRPP determines development applications for the following types of development:-

· Development with a Capital Investment Value (CIV) over $20 million;

· Development with a CIV over $5 million which is:-

o council related;

o lodged by or on behalf of the Crown (State of NSW);

o private infrastructure and community facilities; or

o eco-tourist facilities.

· Extractive industries, waste facilities and marinas that are designated development;

· Certain coastal subdivisions;

· Development with a CIV between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days; and

· Crown development applications (with a CIV under $5 million) referred to the regional panel by the applicant or local council after 70 days from lodgement as undetermined, including where recommended conditions are in dispute.

Two (2) Council representatives are appointed by each council that is situated in a part of the State for which a Regional Panel is established. At least one (1) Council representative is required to have expertise in one (1) or more of the following areas: planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism. As this is an external Committee, the role of the Committee is governed by the NSW State Government.

Current Representation: Councillor Bennison and independent expert Mr Eugene Sarich, with Councillor Gold as an alternate.

Kindy Cove Management Advisory Committee

This Committee provides advice to the Management of the Long Day Care Centre, from a parent and community perspective. The Committee will meet on the 3rd Wednesday of every month at 7.00pm, usually at Kindy Cove. The role of the Committee is to provide advice and recommendations on the operation of Kindy Cove.

Current Representation: Councillor Brent, with Councillor Gold as an observer and appropriate staff as determined by the General Manager.

Lane Cove Access Committee

The Committee's objectives are to increase and promote general awareness of access, mobility and safety issues in the community. The Committee meets on the last Wednesday of every second month at 10am. The Committee includes five (5) representatives of access related service providers and up to five (5) community representatives. The role of the Committee is to provide advice and recommendations to the General Manager on access issues.

Current Representation: Councillors Karpin and Palmer and appropriate staff as determined by the General Manager.

Lane Cove and North Side Community Services Board of Directors

Founded in 1961 to provide health and community services to people in need and was initially based at Council but became independent from Council in 1962. Community Aid is an incorporated association which provides direct services to the elderly, disabled and their carers in Lane Cove. The Board meets on the 2nd Thursday of every second month at 7:30am at the Community Aid Centre. As this is an external committee, the role of the Committee is governed by Lane Cove and North Side Community Services.

Current Representation: Councillors Brooks-Horn and Hutchens.

Lane Cove Bicycle Advisory Committee

Formed in 1995 to provide advice on bicycle facilities. The Committee provided significant input into the development of the Lane Cove Bicycle Plan. This Committee meets quarterly to consider the provision of bicycle facilities in accordance with the Bicycle Plan in the Committee Room at 6pm. The role of the Committee is to provide advice and recommendations on bicycle issues.

Current Representation: Councillor Gold and appropriate staff as determined by the General Manager.

Lane Cove Cultural Advisory Committee

This Committee assists in the formulation of cultural planning strategies and initiatives. The Committee meets quarterly on a Wednesday at 6pm in the Training Room. The role of the Committee is to provide advice and recommendations to the General Manager on cultural issues.

Current Representation: Councillors Brent and Cheong and appropriate staff as determined by the General Manager.

Lane Cove Events Working Party

This Committee was established in 2015 to provide input into upcoming events, meeting monthly.

Current Representation:- Councillors Hutchens and Bennison, with Cheong as an alternate.

Lane Cove Historical Society

The Society meets on the third Tuesday of each month at 2.30pm and provides a forum for the promotion and discussion of history in Lane Cove. As this is an external Committee the role of the Committee is governed by the Lane Cove Historical Society.

Current Representation: Councillor Palmer.

Lane Cove North Advisory Committee

This committee was formed in 2015 to provide a community forum examining and discussing the wider issues affecting the Lane Cove North area. The boundary of the Lane Cove North area (Lane Cove North) is formed by the Lane Cove River (W), Mowbray Road (N) Pacific Highway (E) and Epping Road (S). Part of this area is already undergoing high level density development having previously been identified by the NSW Government for residential growth under the Metropolitan Strategy for Sydney.

Current Representation: All West Ward Councillors.

Lane Cove Occasional Child Care Centre

This Committee considers management issues of the Child Care Centre. The Committee meets on the 4^th Monday of each month at 7.30pm in the Centre. The role of the Committee is to provide advice to the Management of the Occasional Child Care Centre.

Current Representation: Councillor Brent.

Lane Cove Public Art Advisory Committee

Formed on 1 November 2010 to provide Council with expert advice, critique, and comment on the ongoing development, guidance, and implementation of the Lane Cove Council Public Art Policy in relation to each Council or developer-based project including public art commissions. This Committee meets when public art projects arise. The role of the Committee is to provide advice and recommendations to the General Manager on public art issues.

Current Representation: Councillors Bennison, Brent, Hutchens and Cheong and appropriate staff as determined by the General Manager.

Lane Cove Recreation Precinct Liaison Advisory Committee

With the proposed development of the site progressing, the Committee discusses issues with the current tenants and other stakeholders that will affect them during the time of development and assist with the design of the new club house. This Committee meets quarterly on a Tuesday at 6pm. The role of the Committee is to provide advice and recommendations on the proposed development.

Current Representation: Councillors Brooks-Horn, Cheong, Karpin and Palmer and appropriate staff as determined by the General Manager.

Lane Cove Retirement Units Association Ltd Board

Council purchased land in Central Avenue in 1966 for the development of units and transferred the land to the Association in 1994. The Association, a company limited by Guarantee, seeks to provide suitable accommodation for aged persons capable of independent living, and manages the land and buildings at Pottery Gardens to this end. The Board meets six times a year on a Tuesday at 6.45pm. As this is an external Committee the role of the Committee is governed by the Lane Cove Retirement Units Association, whose constitution provides for two (2) Councillor representatives.

Current Representation: Councillors Hutchens and Karpin.

Marjorie Propsting Memorial Library Consultative Forum

Established in 1988 to provide advice and recommendations to the General Manager on matters affecting Library services at the Marjorie Propsting Memorial Library. The Committee includes the General Manager's representative, a representative of the Greenwich Library staff, up to 3 representatives of the Greenwich Community Association, 1 representative of the Greenwich Kindergarten, 1 representative of the Greenwich Senior Citizens’ Association, and 1 East Ward Councillor and will meet twice a year in the Greenwich Library on a Tuesday at 4pm.

Current Representation: Councillors Karpin and Palmer and appropriate staff as determined by the General Manager.

Metro Pool/United Independent Pools Boards

Established in 1990, Metro Pool is made up of nine (9) Councils which self insure against Public Liability and Professional Indemnity claims and purchase excess layers of insurance. United Independent Pools (UIP) is a joint partnership of 19 councils established in 2005 to manage first party losses including property, motor vehicle and crime cover. The Boards comprise an Elected Representative and the General Managers of each Council and has the responsibility of ratifying decisions made by the Management Committee and ensuring the ongoing viability of the Pools. The Boards meet quarterly on a Wednesday at 10am at a host council. . As this is an external Committee, the role of the Boards are governed by Metrol Pool/UIP.

Current Representation: Councillor Bennison and the General Manager and/or their nominee.

Northern Sydney Regional Organisation of Councils - (NSROC)

Established in 1989, NSROC is a voluntary group of seven (7) Northern Sydney Councils who have joined together as a service organisation to support the needs and further the interests of the communities represented by member Councils. Main activities are policy advocacy for the region, professional development of staff and shared procurement. The Board of the organisation meets quarterly at 6:00pm on the second Thursday of February, May, September and November at a rotating venue between member Councils. As this is an external Committee, the role of the Board is governed by the constitution of NSROC, which is an incorporated association. The Mayor’s alternate must be the person acting as Mayor at the time, the Deputy Mayor ordinarily.

Current Representation: Councillors Hutchens and Bennison, with Councillors Cheong and Gold as alternates.

NSW Metropolitan Public Libraries Association (Inc.)

The NSW Metropolitan Public Libraries Association (NSW MPLA) is the peak body that represents the interests and development of public libraries in metropolitan New South Wales.

The Association was established to ensure resource sharing programs, and for exchanging ideas. The Association meets quarterly on a Friday at alternate venues. As this is an external Committee, the role of the Association is governed by the constitution of the NSW MPLA.

Current Representation: Councillor Karpin with Councillor Palmer as an alternate and appropriate staff as determined by the General Manager.

Publications Editorial Task Force

This Committee provides advice to the General Manager on the draft Quarterly Newsletter to the community and any other relevant publications. The Committee meets on an as required basis in the Committee Room in the Civic Centre at 6pm prior to Council Meetings.

Current Representation: Councillors Bennison, Brent and Hutchens and appropriate staff as determined by the General Manager.

Rosenthal Car Park Working Party

Formed in September 2013, with the objective to assist Council in the planning, consultation and design for the redevelopment of the Rosenthal Avenue Car Park site. The working party meets as and when required.

Current Representation: Councillors Bennison, Brooks-Horn, Cheong, Hutchens and Strassberg and appropriate staff as determined by the General Manager.

Shorelink Committee

The Shorelink Library Network was established in 1983 when five participating councils signed a Deed of Agreement. This Committee discusses the Shorelink Library Network and comprises a Councillor and Manager – Library Services from Lane Cove, Manly, Mosman, North Sydney and Willoughby Councils. This Committee meets 10:00am every 3^rd Tuesday of each month at Council. As this is an external Committee, the role of the Committee is governed by Shorelink.

Current Representation: Councillor Karpin with Councillor Palmer as an alternate, Manager – Library Services and other appropriate staff as determined by the General Manager.

Sustainability Advisory Committee

Established in 2005 to provide advice and recommendations to the General Manager on the formulation, prioritisation and implementation of strategies and initiatives to achieve sustainability as primarily set out in the Sustainability Action Plan. The Committee meets five times a year on a Wednesday at 6pm, in the Council Chambers.

Current Representation: Councillors Cheong, Gold and Strassberg and appropriate staff as determined by the General Manager.

Traffic Committee

The Lane Cove Traffic Committee is established under a Constitution developed and managed by Roads and Maritime Services (RMS). Its core functions are to enact NSW Government road and traffic regulations at a local level and to ensure adequate safety measures are in place. The Committee includes representatives from RMS, Sydney Buses, North Shore Police LAC and the Local Member of Parliament (or nominee). The Committee meets in the Committee Room at 10:00am on the third Tuesday of each month.

Current Representation: Councillor Karpin with Councillor Cheong as an alternate and appropriate staff as determined by the General Manager.

Willoughby / Ryde / Hunters Hill / Lane Cove District Bushfire Committee

This Committee was established to meet the requirements of the Rural Fires Act in minimising the impact of bushfires on the community. Its functions include approving priorities and locations for hazard reduction works. Representatives are from the four (4) Councils, National Parks and Wildlife Service, NSW Police Service, TollAust and NSW Fire Brigades. The Committee meets quarterly at the Lane Cove Fire Station, Artarmon at 10am on a Thursday. As this is an external Committee, the role of the Committee is governed by the NSW Fire Brigades.

Current Representation: Councillor Palmer and staff as determined by the General Manager.

RECOMMENDATION

That:-

1. Council conduct the Election for Mayor and Deputy Mayor for the next 12 months;

2. If two (2) or more nominations are received for Mayor or Deputy Mayor, Council resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting;

3. In view of the merger proposal, existing Councillor representation on Advisory and External Committees for 2016-17 be retained until a merger is proclaimed or a review is undertaken after the Council Elections scheduled for September 2017;

4. It be noted that the Mayor is an ex-officio on all Council Advisory Committees;

5. It be noted that any available Councillor may attend Internal Advisory Committees;

6. Council authorise all Councillor representatives on Internal Advisory Committees to arrange an alternate as required; and

7. Existing Charters of Advisory Committees be retained until a merger is proclaimed or a review is undertaken after the Council Elections scheduled for September 2017.

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 19 September 2016

Review of Community Representatives on Council's Advisory Committees

Subject: Review of Community Representatives on Council's Advisory Committees

Record No: SU827 - 56125/16

Division: Corporate Services Division

Author(s): Kirsty Beram

Executive Summary

The purpose of this report is to undertake the annual review of community representation on Council’s Advisory Committees. This report recommends that in view of the merger proposal the current Advisory Committee Structure and membership be retained until either a merger is proclaimed or a review is undertaken after the Council elections scheduled for September 2017.

Discussion

During the current Council term, Council has made several resolutions to accept nominations received from members of the community to be community representatives on Council’s Advisory Committees. Council also resolved on 19 November 2012 to review these appointments annually. The current community representation on Council’s Advisory Committees and any vacancies on these committees are detailed as follows:-

Aboriginal Advisory Committee

This Committee’s charter allows for eight (8) community representatives. The community representatives on the Committee are:-

Margret Campbell, Natalie Ahmat, Michelle Dickson, Kaleb Taylor and Dennis Foley.

Vacancies – Three (3)

Age Friendly Advisory Committee

This Committee’s charter allows for 12 representatives of the Lane Cove community appointed by Council from public nominations and four (4) alternate community members appointed by Council from public nominations to attend meetings in the event that one of the community representatives cannot attend a meeting.The community representatives on the Committee are:-

Hugh Patterson, Beverly Rodrigues, Paul McLoughlin, Margaret Ducket, Louise Turner, Maragerta McCullough, Nula Williams, Margaret Sullivan and Greg Adam.

Vacancies – Three (3) plus Four (4) alternates

Bushland Management Advisory Committee

This Committee’s charter allows for four (4) community representatives. The community representatives on the Committee are:-

Ruth Neuman, Lynne McLoughlin, Frances Vissel and Maralyn Lawson.

Vacancies - Nil

Cameraygal Festival Committee

This Committee’s charter allows for up to 12 community representatives and the current community representatives on the Committee are:-

Sarah Balzer, Marie James, Shideh Modabber, James Shevlin, Natalie Ahmat, Shirin Kanji, Pat Madson, Paul McGregor, Lyndall McNally, Deborah Hill, Ajaya Jayarao and Geraldine Levett.

Vacancies – Nil

Lane Cove Access Committee

This committee’s charter allows for up to five (5) community representatives. The three (3) current community representatives on the committee are:-

Anthony Melinz, Kay Freedman, and Peter Tiffin.

Vacancies – Two (2)

Lane Cove Bicycle Advisory Committee

This Committee’s charter allows for seven (7) community representatives. The community representatives on the Committee are:-

Susan Loane, Russell Webber, Don Murchinson, Maggie Burke, Gavin Imhof, Josh Blake and Peter Mayall.

Vacancies - Nil

Lane Cove Cultural Advisory Committee

This Committee’s charter allows for 12 community representatives and the Committee currently has 11. The community representatives on the Committee are:-

Chrissie Lloyd, Graham Ball, Kay Leiper, Kathy Elton, Anthony Nolan, Emily Patterson, Rhonda Pryor, Jonghee (Jo) Kim, Trent Gardiner, Margaret Frances Edwards and Geraldine Levett.

Vacancies – One (1)

Lane Cove Public Art Advisory Committee

This Committee’s charter allows for seven (7) community representatives and the committee currently has four (4). The community representatives on the Committee are:-

Bridget Kennedy, Melissa McElhone, Jayne Whitford and Rhonda Pryor.

Vacancies – Three (3)

It is noted that since its establishment in 2012 this committee has not yet met.

Lane Cove North Advisory Committee

This committee was established in March 2012. The Charter provides for eight (8) Community Members as appointed by Council, plus two (2) representatives from each of the Residents associations in the precinct (Stringybark Creek Residents Association and Lane Cove North Residents Association). The community representatives on the Committee are:-

Gareth Bourne, Robert Cartwright, Ruth Neumann, Toby Wetherill, Erica Wallace and Mark Joyner.

Vacancies – Two (2)

Lane Cove Recreation Precinct Liaison Advisory Committee

This Committee’s charter allows for five (5) community representatives with three (3) having an interest in sports to be accommodated at the facility and (2) having an interest in town planning, urban design and/or architecture. The Committee currently has two (2) representatives with an interest in sport to be accommodated at the facility. The community representatives on the Committee are:-

Andrew Zbik, Greg Dwyer, Robert David Forsyth Hunter and David Geoffrey

Vacancies – One (1) with an interest in sports to be accommodated at the facility.

It is noted that since its establishment in 2012, this Committee has not yet met as the project has be deferred pending further progress on the 266 Longueville Road project.

Sustainability Advisory Committee

This Committee’s charter allows for five (5) community representatives, one (1) alternate community representative and one (1) youth representative or six (6) community representatives and one (1) alternate community representative in the event that a youth representative cannot be appointed. The Committee currently has no youth representative. The community representatives on the Committee are:-

Jane Blackmore, Paul McGregor, Erin Cini, Anthony Melinz, Bronwyn Winley and Emma James.

Vacancies – Nil

Conclusion

Given that Council is currently subject to a merger proposal, it will be recommended that the current Advisory Committee structure and membership be retained until either a merger is proclaimed or a review is undertaken during the period immediately after the proposed Council elections in September 2017.

RECOMMENDATION

That Council maintain the existing Advisory Committees structure and membership until either a merger of Council is proclaimed or a review is undertaken immediately following the proposed Council elections in September 2017.

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

There are no supporting attachments to this report.

Ordinary Council Meeting 19 September 2016

Traffic Management Proposals for Lane Cove Village

Subject: Traffic Management Proposals for Lane Cove Village

Record No: SU5448 - 57134/16

Division: Open Space and Urban Services Division

Author(s): Abdullah Uddin

Executive Summary

This report supports the need for signalising of Epping Road & Burns Bay Road at its intersections with Coxs Lane and widening of Coxs Lane & Finlayson Street to cater for the additional traffic generated by the town center growth (Lane Cove Village), in particular the Rosenthal car park development.

Background

Currently regional traffic between Centennial Avenue and Longueville Road travels through the Lane Cove Village via Burns Bay Road. Most of that traffic has a destination beyond the Village, eventually turning left from Birdwood Avenue into Longueville Road and vice versa. As such in the longer term, a desirable outcome is to redirect the through traffic around the Village.

The Rosenthal car park redevelopment proposes to increase the supply of public parking from 176 spaces to around 500 spaces. These additional car parking facilities will generate a significant volume of traffic in the existing road network, while the growth of background traffic is expected to be around 1% per annum in the near future. Council foresaw these issues in 2007 when adopting the Traffic & Parking Master Plan for Lane Cove Town Centre, which included the Coxs Lane bypass. Roads and Maritime Services NSW (RMS) have also acknowledged this by requiring the widening of Coxs Lane as part of the development consent for Stage 1 of the Rosenthal car park development.

For diversion of the through traffic away from the Village, it is necessary to implement the following projects:

· Signalisation of Epping Road/ Coxs Lane intersection by allowing the right turn movement into Epping Road from Coxs Lane;

· Signalisation of Burns Bay Road/ Tambourine Bay Road/ Sutherland Street intersection;

· Widening of Coxs Lane; and

· Widening of Finlayson Street.

Once completed, through traffic can be expected to choose Coxs Lane rather than traveling through the Village, thus improving the distribution of traffic at the proposed roundabout at Rosenthal Avenue/ Finlayson Street, which will be constructed as part of the Rosenthal car park development. Diverting the traffic away from the village will also be beneficial to the additional pedestrian activity in the village.

The estimated additional growth of traffic for the Rosenthal car park development is shown in Figure 1. The total 1,076 trips (in and out) in the pm peak hour will mostly use Rosenthal Avenue if no traffic management action is undertaken. If Finlayson Street and Coxs Lane are widened and signalisation occurs at the Epping Road/ Coxs Lane intersection, the traffic will be attracted to use Finlayson Street for a reduced travel time, rather than travelling through Rosenthal Avenue.

Figure 1: Estimated 2021 PM Peak Traffic Generation from Rosenthal Car Park Development

Discussion

Signalisation of Epping Road / Coxs Lane Intersection

Currently northbound traffic can turn right into Epping Road at Longueville Road and Centennial Avenue intersections. Longueville Road is a major local road which provides major north – south connections through the business precinct in Lane Cove. It carries significant volumes of residential and commercial traffic, including delivery vehicles.

Centennial Avenue being the major arterial road also carries large volumes of through and local traffic and provides a north – south connection from Hunters Hill to all the way up to Lane Cove North/ Chatswood. Northbound traffic on both Longueville Road and Centennial Avenue are already congested due to capacity issues in Epping Road in both directions. Consequently motorists, especially city bound, experience long delays in Longueville Road and Centennial Avenue at its intersections with Epping Road.

· Due to increased development and its associated additional traffic, especially at Burns Bay Road/ Waterview precinct and proposed multi level car park at Rosenthal Avenue, there is a need for another right turn (city bound) movement from the southern precincts of Epping Road. To accommodate a right turn movement from Coxs Lane to Epping Road, Coxs Lane is proposed to be restricted to one way northbound movement between Epping Road and Birdwood Avenue as shown in Figure 2.

Epping option 1

Figure 2: Epping Road/ Coxs Lane Signalisation (short term option)

An intersection count was undertaken at Epping Road/ Coxs Lane intersection to ascertain the number of vehicles turning left from Epping Road into Coxs Lane. Only 19 vehicles (am peak) and 47 vehicles (pm peak) did this turn, therefore conversion of Cox’s Lane to one way out, will gave minimal impact.

The other key features of this proposal are:-

1. Realign Epping Road (between Coxs Lane and Longueville Road) to the south to accommodate an additional city bound (eastbound) lane in Epping Road;

2. Relocation of the existing bus stop on the southern side of Epping from east to west of Coxs Lane;

3. Relocation of the existing pedestrian crossing facility in Epping Road from east to west approach of the signalised intersection; and

4. Install cyclist lanterns at the south approach of the signalised intersection.

Council has engaged a traffic consultant to undertake microsimulation modelling to determine the feasibility and net benefits of the proposal. The report is due at the end of October 2016 and will be submitted to RMS for approval in due course.

Signalisation of Burns Bay Road / Tambourine Bay Road / Sutherland Street Intersection

Signalisation of Burns Bay Road/ Tambourine Bay Road/ Sutherland Street intersection will provide the following benefits:

· Improved traffic flow as the signal will run by SCATS (an adaptive urban traffic management system that synchronises traffic signals to optimise traffic flow across a whole city, region or corridor. SCATS responds automatically to fluctuations in traffic flow through the use of vehicle detectors);

· Improved pedestrian connectivity; and

· Improved cyclist safety.

To signalise this intersection, the following two options have been considered:

Option 1: Minor Acquisition, Sutherland Street Cul-de-sac (refer to Figure 3):

Sutherland option 4

Figure 3: Closure of Sutherland Street with minor property acquisition

Key features of this option are:-

· Partial acquisition of 61 Burns Bay Road (approx 5m²- 10m²) without demolishing any part of the property;

· A new parcel of land (approximately 750m²) will be available for green space;

· All property access in Sutherland Street will be retained; and

· Access to Sutherland Street will still be maintained via Graham Street, however parking may need to be restricted to one side to improve two traffic flow.

Option 2: Minor Acquisition, Sutherland Street Open (refer to Figure 4):

Figure 4: Sutherland Street open with minor property acquisition

Key features of this option are:-

· Similar to previous option, except Sutherland Street/ Coxs Lane intersection being left-in / left-out due to RMS requirements given the close proximity to the new traffic signals; and

· A new parcel of land (approximately 455m²) will be available for green space.

It is recommended that subject to further design to ensure feasibility, Council undertake community consultation on these two options. It should be noted that if the RMS do not agree to the revised traffic signal arrangements onto Epping Road, the signalization of Coxs Lane, Burns Bay Road, Tambourine Bay Road is still required by the RMS due to the Rosenthal Car Park development.

Widening of Coxs Lane

Currently the average pavement width of Coxs Lane is 6.23m and parking is provided in scattered arrangements. With the current road width, Coxs Lane can accommodate approximately 32-35 kerbside parking spaces, depending on the size of the vehicles.

To function efficiently two travel lanes are required in addition to any kerbside parking arrangements. To provide parking on both sides the road would need to be 10.6m wide and 8.5 for a single parking lane.

Council has previously considered the issue of widening of Coxs Lane on the western side (between Sutherland and Finlayson Streets) to provide a 10.6m roadway, with 2 kerbside parking lanes. A copy of the November 2014 report with the associated background is included as AT-1, Council resolved not to proceed with the widening at that time and improve landscaping within the Reserve, which has recently commenced.

Council subsequently resolved to proceed with the Rosenthal Avenue Car Park development and called for a further report for the construction of a ”Bypass” option for the village, which would involve reconfiguration of the eastern end of Finlayson Street to Cox’s Lane and Cox’s Lane itself, with better connectivity to Epping Road.

Council in receiving Stage 1 Development Consent from the JRPP was conditioned to comply with RMS requirements which included:-

“Coxs Lane is to be widened (as per Lane Cove Council LEP) prior to the opening of the Rosenthal Avenue carpark to cater for the increased traffic expected from the proposed development and other nearby developments.”

Based on this Council must as a minimum widen Cox’s Lane to improve traffic flow.

In respect of the section of Coxs Lane between Sutherland and Finlayson Streets, when originally determining the preferred side to undertake the widening, Council staff had regard to the existence of the mature row of brushbox trees on the eastern side and the fact that Council already owns the land on the western side.

There are existing street trees on the eastern side within the existing Reserve, however widening on this side will involve the loss of fewer trees which are primarily less mature trees. Council has the option of providing one or two lanes of kerbside parking, two lanes will provide an additional 13 parking spaces. By providing only one parking lane, one additional small tree may be able to be retained and the Reserve would be approximately 2 metres wider. It should be noted that the widening of this section of Coxs Lane in conjunction with the traffic signals will provide a net increase in the size of the Reserve. It is recommended that Council undertake community consultation on these two options, that is, to provide one or two parking lanes.

The section of Coxs Lane between Finlayson Street and Birdwood Avenue, is proposed to be widened on the eastern side as per Council’s LEP to provide one additional parking lane. The new developments have already setback 3 metres to facilitate this and 50% of the land has been dedicated to Council. The remaining will need to be acquired by Council.

The section of Coxs Lane between Epping Road and Birdwood Avenue does not need to be widened as Coxs Lane will be restricted to one-way northbound between Epping Road and Birdwood Avenue. Minor changes to the on-street parking may be required in this section to comply with approach distances for traffic signals.

Widening of Finlayson Street

Finlayson Street is currently 7.17m wide between kerbs, which does not allow two-way vehicular traffic and kerbside parking on any one side. Currently parking is provided in a staggered arrangement between Rosenthal Avenue and Coxs Lane. To achieve two kerbside parking lanes and provide for efficient intersection approaches a 10.6m roadway is required. To achieve this, the roadway needs to be widened by 3.43m. Widening the street on the northern side is recommended due to its level geometry and less number of driveways that will be affected by the road widening.

Community Consultation

The consultation is designed to assess the community’s opinions on the design of the by-pass, including the option of closing Sutherland Street at the eastern end and the inclusion of one or two kerbside parking lanes on Coxs Lane between Sutherland and Finlayson Streets. Any comments received will be reviewed and evaluated to determine the final by-pass design.

Level of Participation	Inform	Consult
Form of Participation	Open	Targeted
Target Audience	Lane Cove Community	Key message givers incl. immediate neighbours and relevant authorities
Proposed Medium	Advertisement, Public Exhibition, E-Newsletter and Website Exhibition	Letter and Survey
Indicative Timing	Oct – Nov 2016	Oct – Nov 2016

Conclusion

This report outlines the need to address the significant growth of traffic in the village precinct by providing a bypass for through traffic around the Village. To achieve this there is a need for road widening in Finlayson Street and Coxs Lane and the signalisation of both ends of Coxs Lane.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Indicate in principle support for the construction of a Village by-pass and undertake further design to ensure feasibility of the scheme outlined in the report; and

3. Undertake community consultation for the proposed road network upgrades in accordance with the consultation plan outlined in the report.

Peter Patterson

Executive Manager

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1View

REPORT Coxs Lane, Lane Cove - Petition Objecting to Widening of Road between Sutherland St & Finlayson St

4 Pages

Ordinary Council Meeting 19 September 2016

Tender for the Decommission of Substation S.277 and the Supply and Installation of Two (2) Kiosk Substations at Birdwood Lane

Subject: Tender for the Decommission of Substation S.277 and the Supply and Installation of Two (2) Kiosk Substations at Birdwood Lane

Record No: SU6480 - 56998/16

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 a Grade A Level 1 Accredited Electrical Contractor for the decommission of substation S.277 and the supply and installation of 2 kiosk substations at Birdwood Lane. Council received Tenders from four (4) interested parties. This report provides details on the tender process conducted and recommends that all tender submissions received be rejected and Council enter into negotiation with the preferred two contractors being: Australian High Voltage (TOBCO) + Stowe Australia.

Background

Council’s adopted Major Projects Strategic Management Plan 2007-2016 includes the redevelopment of the Rosenthal car park site. 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.

In order to facilitate the redevelopment of the Rosenthal Ave car park, the existing substation S.277 needs to be decommissioned as part of an early works package to enable the proposed development clear access to the Rosenthal Avenue car park site. Council are seeking to engage a Grade A Level 1 Accredited Electrical Contractor to decommission sub-station S.277 and establish two (2) new kiosk substations at Birdwood Avenue.

Tender documents were uploaded to the NSROC e-Tendering portal on Tuesday 12^th of July, the Tender period was for six weeks, closing on 23^rd August 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. Martin Terescenko – Manager Assets; 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	30%
Program	15%
Methodology and minimisation of disturbance during the works	30%
Local government experience	10%
Previous experience and demonstrated management systems	15%
Total	100%

Tenders closed via the NSROC e-Tendering portal on the 23^rd August 2016, providing for a six week tender duration.

The scores are listed below:

Tenderer	Price	Program	Methodology	Local Gov’t Experience	Previous Experience	Total Score
	30%	15%	30%	10%	15%	100%
Australian High Voltage / TOBCO	Preferred			Equal Preferred
Connect Infrastructure
Stowe Australia		Preferred	Preferred	Equal Preferred	Preferred
Wilken Service Pty Ltd

Following detailed consideration of the submissions the Tender Evaluation Panel considered that the tender submissions from Australian High Voltage (TOBCO) and Stowe Electrical understood the task best. The comments from the Tender Evaluation Panel can be summarized as:

• The two lowest ranked tenderers did not adequately define the works methodology to the satisfaction of the TRP and therefore should not be further considered.

• Recommendation for Council to reject all tenders and negotiate with the preferred two suppliers Australian High Voltage (TOBCO) and Stowe Electrical.

• Recommendation to postpone the start of works until January to minimise disruption to the retailers / community during the Christmas trading period.

• There are too many variables in the delivery methodology. The two top ranked tenderers had variables in their approach that need to be clarified in an open negotiation process.

• Stowe have priced the works as night works and TOBCO have priced the works as day works and this needs to be clarified to compare submitted prices.

• Finalise the purchase of Lot 1 / DP 182149 from Ausgrid to amalgamate the site ready for decommissioning of the existing chamber substation.

Conclusion

A confidential memorandum has been circulated separately to Councilors detailing the prices submitted by each tenderer and how each of the weighted criteria was assessed.

The Tender Evaluation Panel recommends that Council:-

1. Decline to accept any of the tenders;

2. Decline to invite fresh tenders as it has already identified through the tender process a suitable pool of contractors; and

3. Enter into negotiations with the preferred two shortlisted tenders (TOBCO + Stowe) with an aim to eliminate all inconsistencies, exclusions and omissions so that both tenders can be assessed on a like-for-like basis and a further report be submitted to Council following the outcome .

RECOMMENDATION

That Council:-

1. Decline to accept any of the tenders;

2. Decline to invite fresh tenders as it has already identified through the tender process a suitable pool of contractors; and

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 19 September 2016

Adoption of the Lane Cove Reconciliation Action Plan

Subject: Adoption of the Lane Cove Reconciliation Action Plan

Record No: SU5096 - 56402/16

Division: Human Services Division

Author(s): Carol Sinclair

Executive Summary

At the Ordinary Council meeting in February 2014 permission was given to apply for grant funding under the Elsa Dixon Aboriginal Employment Program to research and develop a Reconciliation Action Plan (RAP). Council was notified that the grant application was successful in September 2014 and an Aboriginal Community Development Officer (ACDO) was employed to develop the RAP in December 2014. This task is now complete and the Draft Lane Cove Innovate Reconciliation Action Plan is presented to Council for adoption.

Background

A Reconciliation Action Plan (RAP) is a business plan that uses a holistic approach to create meaningful relationships and sustainable opportunities for Aboriginal and Torres Strait Islander residents. The RAP is for Council staff and Council, it is not a plan for residents, although residents will benefit. It provides a framework for Council to realise our vision for reconciliation and publically formalises Council’s contributions to reconciliation. It is about embedding cultural change within the organisation through building respectful relationships between Aboriginal and Torres Strait Islander people and other Australians.

Reconciliation Australia is the organisation responsible for reviewing and endorsing all plans prior to adoption. Reconciliation Australian was established in 2001 and is the lead body on reconciliation in Australia. They are an independent not-for-profit organisation which promotes and facilitates reconciliation by building relationships, respect and trust between the wider Australian community and Aboriginal and Torres Strait Islander peoples. They do this through various initiatives and programs in workplaces, schools and early learning, and communities.

The RAP program is one of Reconciliation Australia’s programs through which they oversee the development of each organisation’s RAP to ensure all of the minimum requirements for each level of RAP are met and provide advice and support in the development phase. There are four (4) different types of RAPs:-

1. The Reflect RAP is for organisations just starting out on their reconciliation journey and who need to build the foundations for relationships, respect and opportunities;

2. The Innovate RAP is for organisations that have developed relationships with their Aboriginal and Torres Strait Islander stakeholders and are ready to develop or implement programs for cultural learning, Aboriginal and Torres Strait Islander employment and supplier diversity;

3. The Stretch RAP is for organisations ready to challenge themselves by setting targets for the actions outlined in their RAP; and

4. The Elevate RAP is for organisations with a long, successful history in the RAP Program; a current Stretch RAP and a willingness to significantly invest in reconciliation.

It was agreed with Reconciliation Australia that due to Council’s previous work in the area we would enter into this program at the innovate level.

Each organisation that has a RAP reports annually on their performance against key targets. This tracks and measures the broader impact of the RAP program. For example, 35,137 Aboriginal and Torres Strait Islander people are employed in organisations that have developed a RAP, 262,069 RAP organisation employees have completed cultural awareness training, 658 Australian organisations have created a RAP, and 3,961 partnerships exist between RAP organisations and Aboriginal and Torres Strait Islander organisations or communities.

Equally significant is the change in attitudes and behaviours of the people working or studying in organisations who have developed a RAP. There is higher trust, lower prejudice, more frequent contact, more positive attitudes and greater pride.

The organisations with RAPs include:-

· Aboriginal and Torres Strait Islander organisations;

· Community and not-for-profits, (e.g. Carers Australia, the Cancer Council NSW);

· Corporations (e.g. BUPA and the Commonwealth Bank of Australia);

· Federal Government agencies (e.g. Australia Post and the ABC);

· Local government agencies (e.g. Blacktown, City of Sydney and Waverly councils);

· Peak bodies (e.g. the Australian Council for Social Services, the Law Society of NSW);

· State Government agencies (e.g. Fire Brigade and the Sydney Opera House); and

· Tertiary Education establishments (e.g. TAFE NSW Western).

RAPs are developed using a toolkit prepared by Reconciliation Australia and includes actions, timelines and targets under three headings: relationships, respect and opportunities. Reconciliation Australia provides support to each organisation developing a RAP through a Project Officer who reviews the documentation and makes suggestions for changes before it is submitted to Reconciliation Australia for endorsement.

Discussion

A presentation was given to Key Staff in March 2015 to provide information about the RAP process and to ensure all Managers were aware that it is a whole of Council approach and will be a part of Councils planning documents.

An email was sent to all staff inviting them to be members of the RAP Working Party. The RAP working party ‘Terms of Reference’ were developed and in February 2015 the first meeting was held. The Working Party consisted of eight (8) Council staff from across all divisions and two (2) members of the Aboriginal Advisory Committee who provided input into the development of the plan. The General Manager championed this program and was a member of the RAP Working Party.

The final of the first draft RAP was completed in May 2015 and forwarded to Reconciliation Australia for endorsement. The endorsement process was a lenghty and required five (5) revisions before it was approved on 22 August 2016. Reconciliation Australia have approved the Draft RAP which is attached as AT-1.

Consultation Strategy

Consultation Statement of Intent

This consultation is designed to obtained community input on the Draft RAP as approved by the Reconciliation Action Plan.

Methods of Consultation

Level of Participation	Inform	Inform	Consult
Form of Participation	Open	Targeted	Open
Target Audience	Lane Cove Community	Relevant community groups and advisory committees	Lane Cove Community
Proposed Medium	Advertisement and eNewsletter	Notification letters	Public Exhibition & Website Exhibition
Indicative Timing	6 weeks	6 weeks	6 weeks

Conclusion

Council has always been a strong supporter of strategies to improve the circumstances and well-being of its Aboriginal and Torres Strait Islander residents. The process of reconciliation is slow and deliberate and founded on respectful relationships with Aboriginal and Torres Strait Islander people. Implementing a RAP will play an important role in employing the sensitive and respectful processes that must be observed when working towards reconciliation.

Once adopted, Council’s Manager - Community Services will work with members of the RAP Working Party and all Divisions in Council to work through the actions in the RAP and ensure all progress and reporting responsibilities to Reconciliation Australia are fulfilled over the life of the Plan.

It is recommended that Council endorse the Draft Lane Cove Reconciliation Action Plan for the purpose of community consultation to allow for public comment. Any comments received will be reported back to Council in December 2016 prior to adoption of the RAP.

RECOMMENDATION

That:-

1. Council adopt the Draft Lane Cove Innovate Reconciliation Action Plan dated August 2016 - June 2018 for the purpose of public exhibition;

2. The Draft Reconciliation Action Plan be placed on public exhibition for a period of six (6) weeks and consultation take place in accordance with the Consultation Strategy outlined in the report; and

3. A further report be submitted to Council following the exhibition period, to consider the Reconciliation Action Plan for adoption.

Jane Gornall

Executive Manager - Human Services

Human Services Division

ATTACHMENTS:

AT‑1View

Lane Cove Innovate RAP - 2016-2018

24 Pages

Ordinary Council Meeting 19 September 2016

Annual Financial Statements for 2015/2016 - Referral for Audit

Subject: Annual Financial Statements for 2015/2016 - Referral for Audit

Record No: SU740 - 55589/16

Division: Corporate Services Division

Author(s): Craig Dalli

Executive Summary

Council's Annual Financial Statements for the year ended 30 June 2016 are presented for referral to external Audit. A statement is required in respect of the accounts from Council and Management in relation to the accuracy of the accounts. It is recommended that Council sign the statement and refer the accounts for Audit.

Discussion

Council's Annual Financial Statements for the year ended 30 June 2016 have been prepared and are ready to proceed for external Audit. The general purpose financial statements, special purpose financial statements and special schedules are required to be audited by 31 October 2016 following the financial year end. In accordance with Section 413(2)(c) of the Local Government Act, Council is required to include with the Annual Financial Statements a "Statement by Councillors and Management" signed under resolution of Council, by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer, which will allow Council's external Auditor to complete the Audit. A similar "Statement by Councillors and Management" is also required for the Special Purpose Financial Statements.

Following the Audit, the Annual Financial Reports will then be presented to Council in November, with the Auditors Report. In order for Council's Annual Financial Statements for 2015/2016 to go forward for Audit the following resolution of Council is now required and the Statements to be signed by Councillors and Management are attached.

RECOMMENDATION

That:-

1. In respect to Council's General Purpose Financial Reports the following statement which is shown at AT-1 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

GENERAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2016

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

The attached General Purpose Financial Statements for the year ended 30 June 2016, have been drawn up in accordance with the:-

· Local Government Act 1993 (as amended) and the Regulations made there under;

· Australian Accounting Standards and professional pronouncements; and

· Local Government Code of Accounting Practice and Financial Reporting.

To the best of our knowledge and belief, this Report:-

· presents fairly the Council's operating result and financial position for the year; and

· accords with Council’s accounting and other records.

We are not aware of matter that would render this Report false or misleading in any way.

2. In respect to Council's Special Purpose Financial Reports, the following statement which is shown at AT-2 be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

SPECIAL PURPOSE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2016

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

The attached Special Purpose Annual Financial Statements for the year ended 30 June 2016, have been drawn up in accordance with:-

· NSW Government Policy Statement "Application of National Competition Policy to Local Government";

· Office of Local Government guidelines "Pricing & Costing for Council Businesses: Guide to Competitive Neutrality"; and

· The Local Government Code of Accounting Practice and Financial Reporting.

To the best of our knowledge and belief, these Reports:-

· present fairly the Council's operating result and financial position for each of Council’s declared Business Activities for the year; and

· accord with Council’s Accounting and other records.

We are not aware of any matter that is false or misleading in any way.

3. Council's Annual Financial Statements for the year ended 30 June 2016 be referred for audit by Council’s external Auditors and will be available electronically at AT-3 from Friday, 16 September 2016.

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1View	General Purpose Financial Statements, Statement by Councillors and Management	1 Page
AT‑2View	Special Purpose Financial Statements, Statement by Councillors and Management	1 Page
AT‑3View	Annual Financial Statements 2015/2016		Available Electronically

Ordinary Council Meeting 19 September 2016

Review of the NSW Local Government Rating System

Subject: Review of the NSW Local Government Rating System

Record No: SU5558 - 55826/16

Division: Corporate Services Division

Author(s): Craig Dalli

Executive Summary

In April 2016 The Independent Pricing and Regulatory Tribunal (IPART) released an issues paper on a review of the Local Government Rating System in New South Wales. Council endorsed a submission made to the issues paper. Subsequently IPART have released a draft report for further comment. This report will outline the recommendations made by IPART and analyse the impact for Lane Cove Council.

Background

The draft report, prepared by IPART, aims to make rates collection fairer and more efficient. The review examined how rates are calculated, what exemptions are allowed and the rating categories used. The main points of the review are as follows:-

· Give councils the choice to set the variable component of rates based on the capital improved value (CIV) of land, not its unimproved value (UV). This means apartment owners are likely to pay higher rates where there is usually a high capital value relative to land value;

· The removal of minimum rates as they are inefficient and inequitable;

· Change rate exemptions so they are based on land use, not ownership;

· Remove some rate exemptions where land is used for commercial or residential purposes;

· Replace the current pensioner concession scheme with a NSW government-funded rate deferral scheme;

· Availability of optional new rating categories, including environmental and vacant land, business and farmland;

· Allows councils to set different rates for different parts of a local government area, to reflect access and demand for services and the cost of providing them; and

· New councils (under mergers) to continue existing rates or set different rates for pre-merger areas once the four-year rate path freeze is over.

In addition the review recognises the importance of the Integrated Planning and Reporting framework that allows Councils to draw various plans together and how they interact.

Discussion

The option to use capital improved value (CIV) which considers the value of land and structures such as houses and uses of land, instead of the unimproved value which considers land value only, focuses on equity and efficiency to raise rates on apartments that correlates more closely to benefits received and the cost of services. Unimproved values (UV), which have been the legislative requirement in NSW, are generally only efficient in areas where development is low.

To address the issue of equity, due to the increasing development in Lane Cove, Council sought and received approval from IPART to progressively increase the minimum rate from $592 to $867 over the period from 2014/15 to 2018/19. This effectively increased the share of rates raised by apartments in proportion to residential houses.

With the recommendation to remove the minimum rate Council would need to use CIV, sourced from an independent valuer, or see a reduction in the rates raised from apartments. It is held that where Councils decide to remain with UV, due to cost or the availability of data, that minimum rates should be retained.

Changing the exemptions for rating based on land use not ownership is generally supported. The eligibility of rating exemptions based on land use would ensure that comparable land uses attract the same rating treatment.

Pensioner concessions are currently provided by means of a 50% discount on their combined ordinary council rates and waste charges, up to a maximum of $250 per annum. The current scheme is jointly funded by the State Government (55%) and the local council (45%). This is inequitable as it requires other ratepayers in the council area to pay higher rates to fund a State/Federal Government social policy and is not consistent with other states.

Lane Cove Council currently has 927 eligible pensioners or approximately 6% of the rating base. In 2015/16 pensioner rebates totalled $246,000 with the State contributing $135,000 and Council $111,000. Submissions to the Inquiry were generally around indexing the pensioner subsidy and having it paid for by the State Government.

IPART have recommended that the State Government should continue its commitment to pensioners but through a rate deferral scheme rather than a pensioner rebate. This would continue assistance for income poor pensioners and not narrow the rate base. Implementation of a rate deferral scheme in lieu of pensioner rebates is generally supported however further clarification is required. An alternative would be to allow Councils to add the subsidy liability to the permissible rates yield.

At present, councils are able to subcatergorise business land according to a centre of activity. This results in councils having to charge a single rate based on the centre of activity, even when business activities within these centres are highly diverse. IPART propose that councils should be allowed to subcatergorise business land as commercial or industrial in addition to the centre of activity sub category. This subcatergorisation is consistent with the proposed treatment under the new Emergency Services Property Levy. Providing additionally flexibility in rating categories is supported.

At the end of the four year (4) freeze, new councils should determine whether any pre-merger areas are communities of interest. IPART have recommended that in the event that a new council determines that there are separate communities of interest, it should be able to continue the existing rates for pre-merger areas. IPART have also recommended that where a new council determines that there is no separate community of interest and chooses to equalise rates the equalisation should be gradual. This would resolve the current disparity of the proposed merged entity and again flexibility is supported.

Conclusion

It is recommended that Council make a submission to IPART in relation to the Review of the Local Government Rating System in NSW in accordance with the issues raised in this report. In particular, the submission will; support the use of CIV for rating valuations, recommend that councils be permitted to maintain minimum rates where UV is retained, support land use and not ownership for the eligibility of rating exemptions, support removal of pensioner rebates to be replaced with a State Government rate deferral system and supports additional flexibility in rating categories and communities of interest.

RECOMMENDATION

That Council make a submission to the IPART review which supports:-

1. The use of CIV for rating valuations;

2. Maintaining minimum rates where UV is retained;

3. Land use and not ownership for the eligibility of rating exemptions;

4. Removal of pensioner rebates to be replaced with a State Government rate deferral system; and

5. Additional flexibility in rating categories and communities of interest.

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 19 September 2016

Transfer of Collection of Emergency Services Property Levy to Councils

Subject: Transfer of Collection of Emergency Services Property Levy to Councils

Record No: SU6479 - 55735/16

Division: Corporate Services Division

Author(s): Craig Dalli

Executive Summary

The NSW Government is undertaking major reform to the funding of fire and emergency services. From 1 July 2017 the insurance-based Emergency Services Levy (ESL) will be replaced by an Emergency Services Property Levy (ESPL) bringing NSW in line with all other mainland states. The ESPL will be moved to a property-based emergency services levy collected by Councils in conjunction with rates. The NSW Government considers this proposed reform will result in a fairer and simpler way to fund our critical emergency services while at the same time improving the affordability of property insurance. The purpose of this report is to provide an overview of the reforms and proposed involvement of Council in its collection.

Discussion

What is the Emergency Services Levy?

The Emergency Services Levy contributes funds from the community to support the work the

NSW Fire Service, Rural Fire Service and State Emergency Service do to help NSW residents and business owners protect their properties from fire, flood, storms and other natural disasters.

The levy helps fund the life-saving equipment, firefighters, staff and volunteers, training, infrastructure and community education activities of these important and highly valued community services. The NSW Government and local government also make a direct contribution to funding these services, with Lane Cove contributing $714,165 in 2016/2017.

What is Changing?

There are a number of changes that will occur on 1 July 2017.

· The way the levy is collected will change

From 1 July 2017 the levy will no longer be collected by insurance companies as part of property insurance premiums. Modelling suggests that the average residential property insurance premium will fall by around $200 as a result. From 1 July 2017, the levy will be collected by councils from all property owners. Councils will clearly list the new levy on rates notices as a separate line item and it will be paid in the same way as council rates. The name of the Levy will change. The Emergency Services Levy (ESL) will be replaced by the Emergency Services Property Levy (ESPL).

· The new levy amount will be based on land value and ESPL property sector

The levy will be different for different property sectors to be identified in the ESPL legislation, such as residential, industrial, commercial and farmland. These classifications will be used for the new levy and are expected to be finalised in October 2016 after further consultation and modelling.

· The new system will bring NSW in line with all other mainland states

The change enacts one of the recommendations of the Henry Review and the Royal Commission into the Victorian Bushfires and will bring NSW in line with all other mainland states.

· Concessions will apply

Pensioners, war veterans and other concession cardholders will be eligible for a concession under the ESPL. Eligibility will be consistent with that applying to council rates and charges under the LG Act.

· An Insurance Monitor will ensure insurance premium savings are passed on to customers

Professor Allan Fels AO and Professor David Cousins AM have been appointed as Insurance Monitors and given a range of powers to ensure that the savings that will be generated when the insurance based levy is abolished are passed onto customers. The Insurance Monitor will set guidelines, undertake investigations, share information with the community and take enforcement action against any insurers not passing on the savings to consumers.

Why is This Change Being Made?

· The new system is fairer

The Levy provides a significant proportion of the funding for our fire and state emergency services. Currently this levy is only collected from individuals and businesses that buy property insurance, despite these services being available to everybody in our community. Under the new system, nearly all property owners will contribute to the cost of these services.

· The new system will help make property insurance more affordable

The change will help address the serious issue of underinsurance in NSW by reducing the cost and improving the affordability of insurance. Abolishing the levy will reduce the cost of insurance, enabling more people and businesses to take out insurance to protect their properties from fire, floods, storms and other natural disasters.

Impact on Councils

· Preparing for the introduction of the ESPL

It is intended that the ESPL for individual properties will be based on their ESPL classification and land value. Therefore, Council will need to classify all land within their boundaries against one of the ESPL property sectors by 31 December 2016.

· Financial support for councils

To assist in implementing the ESPL, the NSW Government will advance councils $39,959 to meet costs associated with land classification. The allocation will reflect estimated fixed and variable costs of the classification task.

Councils will also be reimbursed all reasonable start-up and ongoing costs associated with collecting the ESPL. NSW Treasury is working with the sector to determine an appropriate reimbursement framework. In the initial years it is expected that councils will be required to report costs against agreed cost heads and that these costs will be subject to audit.

Conclusion

The ESPL reform seeks to achieve a fairer and simpler means to fund emergency services and to improve property insurance affordability. It will be budget neutral to the State Government and the level of funding provided to the fire and emergency services will not be adversely affected.

In terms on the impact on Council, the land classification task will be the first of a number of activities we have been asked to undertake over the next 12 months and the Government has indicated it will ensure Council is provided with the financial and other resources required to make this important reform a success.

RECOMMENDATION

That the report be received and noted.

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.