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Agenda

Ordinary Council Meeting

5 December 2016

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 

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Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, 48 Longueville Rd, Lane Cove  on Monday 5 December 2016 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Deborah Hutchens. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)  Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 5 December 2016

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

Confidential Items

 

1.       Council Merger Proposal - Court Action

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing. 

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 21 NOVEMBER 2016

 

Orders Of The Day

 

Notices of Motion

 

3.       Council Merger Proposal Court Action

 

Officer Reports for Determination

 

4.       November 2016 Traffic Committee Meeting

 

5.       Delegation of Authority During the Christmas Recess

 

6.       Preparation of 2017-18 Operational Plan

 

7.       Council Meeting Schedule - 2017

 

Officer Reports for Information

 

8.       2016 Festival by the River Success  

 

 

 

 

                   


 

Ordinary Council Meeting 5 December 2016

Council Merger Proposal Court Action

 

 

Subject:          Council Merger Proposal Court Action    

Record No:    SU5558 - 74315/16

Division:         Lane Cove Council

Author(s):      Councillor Deborah Hutchens; Councillor Scott Bennison 

 

 

Background

 

Lane Cove Council has never supported forced amalgamations and in particular the merger proposal of Lane Cove Council with Hunter’s Hill and Ryde councils.

 

In the matter of Lane Cove Council vs Minister for Local Government, the Land and Environment Count on the 20 September 2016 handed down its decision, see https://www.caselaw.nsw.gov.au/decision/57df5763e4b0e71e17f54344.

 

On the 10 October 2016, Lane Cove Council unanimously resolved to lodge a ‘Notice of Intention to Appeal’ against the decision with the understanding that a decision in the Woollahra Appeal case would be handed down prior to the 90 day period in which Lane Cove Council would formally need to lodge an appeal. Given the significance of the Woollahra case, the Minister for Local Government has given an undertaking not to amalgamate councils until 7 days after the Woollahra judgment.

 

Based on the 90 day limit, the deadline for Council to lodge its appeal is 19 December 2016, however a decision in the Woollahra has not yet been handed down and is unlikely before 2017.

The Woollahra Case is critical for our Council to best understand its prospects in any Appeal.  It therefore proposed that Council seek to extend the ‘Notice of Intention to Appeal’ period until the Woollahra Case is determined.

 

RECOMMENDATION

That:-

1.  Council seek to extend the current ‘Notice of Intention to Appeal’ to a date after the decision in the Woollahra case is handed down, to allow sufficient time for Council to consider the decision and determine Council's prospects in any appeal; and

2.  If the above action is not successful, an extraordinary meeting of Council be called to determine Council's next course of action.

 

 

 

 

Councillor Deborah Hutchens

Councillor

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 5 December 2016

November 2016 Traffic Committee Meeting

 

 

Subject:          November 2016 Traffic Committee Meeting    

Record No:    SU1326 - 73504/16

Division:         Open Space and Urban Services Division

Author(s):      Santosh Rai 

 

 

Executive Summary

 

The Lane Cove Traffic Committee Meeting was held on Tuesday, 22 November 2016.  The Agenda is included as AT-1.  The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.

 

RECOMMENDATION

 

That Council adopt the recommendations of the Lane Cove Traffic Committee meeting held on Tuesday, 22 November 2016.

 

 

 

 

 

 

Peter Patterson

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

AGENDA - Traffic Committee - November 2016

36 Pages

 

AT‑2View

MINUTES - Traffic Committee - November 2016

24 Pages

 

 

 


Ordinary Council Meeting 5 December 2016

Delegation of Authority During the Christmas Recess

 

 

Subject:          Delegation of Authority During the Christmas Recess    

Record No:    SU5070 - 72131/16

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

Executive Summary

 

In past years it has been Council’s practice to delegate authority to a Committee comprising of the Mayor and the General Manager to deal with urgent matters arising during the Christmas recess.  In such cases, Council’s policies are applied and if no such policies exist, due caution is exercised.

 

Discussion

Over the Christmas period the notification period for new Development Applications is extended until February to ensure that notifications are effective even with the vast majority of the community on holidays. It is the normal practice to grant authority to the Mayor and General Manager to determine any matters which may arise during the Christmas recess, which is consistent with s226 of the Local Government Act, “to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council.

 

RECOMMENDATION

That:-

1.   Subject to the provisions of Section 377 of the Local Government Act, 1993, and point 2 below, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 20 February 2017, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

2.   No Section 96 or Section 82A reviews of development applications be undertaken under delegated authority in relation to any matter that has been determined by the Independent Hearing and Assessment Panel.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 5 December 2016

Preparation of 2017-18 Operational Plan

 

 

Subject:          Preparation of 2017-18 Operational Plan     

Record No:    SU4677 - 70493/16

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

Executive Summary

 

The purpose of this report is to clarify and outline the current Integrated Planning and Reporting requirements as a result of the deferral of Council’s Ordinary Election pending the outcome of the current State Government merger proposal. 

 

Council is not at this time required to establish a new Delivery Program or review the current Community Strategic Plan as per the requirements of the Local Government Act and Integrated Planning and Reporting Guidelines.  Council will continue to operate under the current Delivery Program and Operational Plan until 30 June 2017.  However, in the event that Council continues to operate past this date, a new Operational Plan for 2017-18 will be required to continue to guide the activities of Council during that period.  

 

In the absence of formal advice from the Office of Local Government in relation to the preparation of an Operational Plan, it is recommended that Council endorse the 2017- 18 Operational Plan and Budget process and timeline provided in this report and review the Long Term Financial Plan to ensure that long term commitments continue to be effectively budgeted for.

 

 Background

 

In April 2016 Council received correspondence from the Minister for Local Government - The Hon. Paul Toole MP advising that an Order to delay the Local Government Elections scheduled for September 2016 for those councils with a merger proposal currently before the Boundaries Commission had been Gazetted on 15 April 2016.  Pursuant to this order, Council’s election was deferred to September 2017.

 

Discussion

 

Under the Integrated Planning and Reporting Guidelines and provisions set out in the Local Government Act an ordinary election of councillors would trigger the requirements to:-

1.   Establish a new Delivery Program outlining the principal activities of Council for the 4-year period (S404); and

2.   Undertake a review of Council’s Community Strategic Plan (S402) which may involve endorsing the existing plan, endorsing amendments to the existing plan or developing and endorsing a new community strategic plan, as appropriate to ensure that the area has a community strategic plan covering at least the next 10 years. 

 

Had the election not been deferred, Council would ordinarily be commencing these planning processes now as part of the new Council term.  However, on 30 August 2016, the Office of Local Government (OLG) released a Circular (No 16-28) advising that:

·    Councils with deferred ordinary elections will have adopted their 2016-17 Operational Plan by this stage and should continue to operate under this plan until 30 June 2017.

·    The standard requirements to review the Community Strategic Plan and develop a new Resourcing Strategy and Delivery Program will be applied following the deferred election.

·    Councils will receive further advice on IP&R requirements, including timing for developing Operational Plans for 2017-18, in due course.”

 

To date, no further formal advice has been issued by the OLG regarding how to proceed with the preparation of an Operational Plan for 2017-18 for councils whose ordinary elections have been deferred.  As such, and based on verbal advice sought from the OLG, it is recommended that Council proceed with the preparation of a one (1) year Operational Plan for 2017-2018, based on the existing Community Strategic Plan and Delivery Program, which details the activities to be engaged in by Council during the year, appropriate budget details and a statement of the Council’s revenue policy for the year.

 

In order to ensure that future projects are effectively budgeted for over the next 10 years, it is recommended that Council also undertake its annual review of the Long Term Financial Plan at this time.

 

Proposed Planning Timeline

·    March 2017 – Draft Plans presented to Council for endorsement for the purpose of public exhibition for a period of 6 weeks.

·    May 2017 – Final Draft Plans incorporating any amendments necessary following consideration of submissions received during consultation period presented to Council for adoption.

The above timeline is consistent with Council’s annual timeframe for the exhibition and adoption of its Delivery Program and Operational Plan, Fees & Charges and Budget documentation, as well as the review of the Long Term Financial Plan.

 

Conclusion

 

Given the pending outcome of the current State Government merger proposal and deferral of Council’s ordinary election, Council is not required to establish a new Delivery Program or review the current Community Strategic Plan at this time.  A Delivery Program and Operational Plan is in place that covers up to 30 June 2017. In the event that Council continues to operate past this date, a new Operational Plan for 2017-18 will be required to continue to guide the activities of Council during that period. It is recommended that Council endorse the 2017- 18 Operational Plan and Budget process and timeline set out above and simultaneously review the Long Term Financial Plan to ensure that long term commitments continue are met.

 

 

RECOMMENDATION

 

That Council endorse the 2017- 18 Operational Plan and Budget process and timeline and review the Long Term Financial Plan to ensure that long term commitments are met.

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 


 

 

ATTACHMENTS:

AT‑1View

Letter from Minister for Local Government - Hon. Paul Toole RE: Deferral of Council Elections - Dated 18 April 2016

1 Page

 

AT‑2View

Excerpt from Order Under Section 318B - Deferral of Council Elections 2016

2 Pages

 

AT‑3View

Office of Local Government Circular - Annual and End-of-Term Reporting Requirements for Councils with Deferred Elections

6 Pages

 

 

 


Ordinary Council Meeting 5 December 2016

Council Meeting Schedule - 2017

 

 

Subject:          Council Meeting Schedule - 2017    

Record No:    SU1915 - 72138/16

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

 

The Ordinary Council Meeting Schedule for 2017 is proposed as follows:-

 

Monday, 20 February 2017

 

Monday, 21 August 2017

Monday, 20 March 2017

 

Monday, 18 September 2017

Monday, 10 April 2017 #

 

Monday, 16 October 2017 *

Monday, 15 May 2017

 

Monday, 20 November 2017

Monday, 19 June 2017

 

Monday, 4 December 2017

Monday, 17 July 2017

 

 

#        Brought forward from Monday 17 April  due to Easter Monday Public Holiday on 17 April 2017 and Anzac Day Public Holiday on 25 April 2017.

*    Subject to change depending on scheduling of the 2017 LG NSW Annual Conference.

 

No meetings are scheduled for January 2017.

 

If required an Inspection Committee will meet on the Saturday preceding the Ordinary Council Meeting.

 

 

RECOMMENDATION

 

That the Council Meeting Schedule for 2017 be adopted.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


 

Ordinary Council Meeting 5 December 2016

2016 Festival by the River Success

 

 

Subject:          2016 Festival by the River Success    

Record No:    SU5903 - 72530/16

Division:         Human Services Division

Author(s):      Corinne Dickinson 

 

 

Executive Summary

 

This year’s Festival by the River took place during the first two (2) weeks of November with over 4000 participants in 14 events. This year’s events included a successful signature Food and Wine by the River event, community events such as the Greenwich Arts Trail and open days at recreational clubs along the foreshore. It is recommended the report be received and noted.

 

Background

 

In 2015 Lane Cove’s inaugural Festival by the River was designed to help celebrate life on the Lane Cove and Parramatta Rivers. It aims to provide an opportunity to connect recreational groups along the river with the community as well as run complementary Council activities that help to showcase the important role the river plays in our community.

 

The 2016 program included 14 Council and community run events which were promoted to the community via Council-wide letterbox drops, Council e-newsletters, street flags, newspaper advertising, social media and printed programs distributed throughout the community.

 

Over 4,000 people participated in the Festival with the most popular activity being the signature Food and Wine by the River event which attracted 3,500 to Tambourine Bay Reserve, Riverview.

 

50 people attended the opening Aboriginal Astronomy event held at Blackman Park Picnic Area while both Sunset Kayak activities were fully booked out. 100 people attended the Discovery Boat Trip, 70 people attended the rescheduled Screen on the Green event, 32 people enjoyed the Bush Kids activity, and 20 people attended the Lane Cove River History Talk. The Paint our River activity drew a lot of public interest on the day whilst the final event, Fishing for Fun, resulted in 150 people attending Cunninghams Reach over the course of the day.

 

Three (3) community groups also ran events including the Greenwich Village Arts Trail, Greenwich Sailing Club’s ‘Try Sailing Day’ and North Shore Rowing’s ‘Sunset Drinks on the Pontoon’. Hundreds of people explored 23 artist studios in Greenwich as part of the Art Trail while North Shore Rowing reported a successful sunset event resulting in a number of potential new members.

 

The only Council run event affected by rain was the Screen on the Green event which was rescheduled to 22 November. The scheduled Greenwich Baths Centenary Celebrations had to be postponed to the New Year as asbestos was found onsite during renovations.

 

Discussion

 

Lane Cove’s Festival by the River has cemented its place on the annual events calendar following an overwhelming response to the two (2) weeks of events. The strong attendance figures at the events suggests that they are well-suited to the community’s interests and that use of open space and a range of passive and active pursuits has provided the right balance.

 

There are additional recreational clubs located along the river which could be involved in the 2017 program and the signature event of Food and Wine by the River could feature stalls relating to Council initiatives to make Council’s involvement in organising the event much clearer. The Food and Wine by the River event had the support of the local community with no complaints from local residents and smooth parking operations thanks to St Ignatius’ College Riverview and a Council-funded shuttle bus. Local businesses were approached to participate as vendors or as sponsors of the event but declined the opportunity. This will be revisited in 2017. The draft dates for next year’s Festival would be 1 – 12 November 2017.

 

Conclusion

 

The 2016 Festival by the River success has reinforced its place on the annual events calendar.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.