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Agenda

Ordinary Council Meeting

20 November 2017

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 Road Lane Cove on Monday 20 November 2017 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Pam Palmer. 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 Executive Manager – Corporate Services on 99113550.

 

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 20 November 2017

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 23 OCTOBER 2017

 

Orders Of The Day

 

Notices of Motion

 

2.       Notice of Motion - Creating a safe segregated cycleway for Lane Cove Cyclists to North Sydney and Sydney CBD

 

3.       Notice of Motion - Recognition of local resident- Ross Napier

 

Officer Reports for Determination

 

4.       Presentation of Annual Financial Statements - Year Ended 30 June 2017

 

5.       1st Quarter Review of the 2017-2018 Budget

 

6.       New Shorelink Deed

 

7.       Service NSW - Easy to do Business Partnership

 

8.       Consultation on Drafts of the New Model Code of Conduct for Councils in NSW and Procedures

 

9.       Tender for building alterations and renovations at Lane Cove Community Centre-164 Longueville road, Lane Cove

 

10.     Closure of Christie Street, St Leonards

 

11.     Lane Cove Council Annual Report 2016/17

 

Officer Reports for Information

 

12.     Council Snapshot  

 

 

 

 

                   


 

Ordinary Council Meeting 20 November 2017

Notice of Motion - Creating a safe segregated cycleway for Lane Cove Cyclists to North Sydney and Sydney CBD

 

 

Subject:          Notice of Motion - Creating a safe segregated cycleway for Lane Cove Cyclists to North Sydney and Sydney CBD    

Record No:    SU1330 - 67844/17

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik 

 

 

Background

 

The existing segregated cycleway that starts in North Ryde and traverses through Lane Cove on the south side of Epping Road and the Warringah Freeway was completed in March 2007 in conjunction with the opening of the Lane Cove Tunnel. The segregated cycleway was a significant improvement for cyclists in Lane Cove to cycle to East Ryde, Macquarie Park, North Ryde, Artarmon, St Leonards, Crows Nest and Naremburn. 

 

The existing segregated cycleway towards the Sydney CBD terminates at the Merrenburn Avenue overpass on the Warringah Freeway. From this point onwards cyclists are required to cycle on a narrow foot path located immediately next to the Warringah Freeway.

 

Thereafter, cyclists have two options to cycle to North Sydney and the Sydney CBD:

 

Option 1

 

1.    Cross the Amherst Street onramp to the Warringah Freeway to then cycle up Amherst Street turning right at the round-about to West Street.

2.    Cycle on the road with vehicles along West Street, Crows Nest. This involves crossing at the traffic lights at West Street/Falcon Street whilst sharing the road with vehicles.

3.    Cycle left down Church Lane and Angelo Street, North Sydney again sharing the road with vehicles.

4.    Turn left into Berry Street then right into either Miller Street or Walker Street in the North Sydney CBD. 

5.    Cross the Pacific Highway whilst sharing traffic lanes with vehicles to then turn right into Arthur Street under the North Sydney/North Shore railway.

6.    Cycle along Middlesmiss Street passing through the round-about with road vehicles to Alfred Street South.

7.    Turn left into Burton Street to then walk your bike up the stairs to the Sydney Harbour Bridge cycleway on the western side of the Sydney Harbour Bridge.

 

Option 2

1.    Cross the Amherst Street onramp to the Warringah Freeway to then cycle up along the eastern shoulder of the Warringah Freeway.

2.    Cycle though the bus waiting area opposite the Cammeray Golf Club to the cross the Miller Street onramp before passing under Ernest Street to continue riding along the shoulder of the Freeway.

3.    Continue along the shoulder on the Warringah Freeway taking the North Sydney exit sharing the road with vehicles to ride Alfred Street North turning right at High Street.

4.    Cross the Pacific Highway at the pedestrian traffic lights just north of Arthur Street to then turn right into Arthur Street.

5.    Cycle along Middlesmiss Street passing through the round-about with road vehicles to Alfred Street South.

6.    Turn left into Burton Street to then walk your bike up the stairs to the Sydney Harbour Bridge cycleway on the western side of the Sydney Harbour Bridge.

 

The current missing link from Naremburn to the Sydney Harbour Bridge means residents of Lane Cove do not have a safe segregated cycleway to cycle to the Sydney CBD. 


Even though the missing link in the segregated cycleway between Naremburn and the Sydney Harbour Bridge is not in the Lane Cove Local Government Area, residents of Lane Cove would greatly benefit from the completion of the segregated cycleway to North Sydney and Sydney CBD’s.


The completion of the segregated cycleway from Naremburn to the Sydney Harbour Bridge is beyond the allocated budget for bicycle infrastructure of most local Councils. 


Thus, advocacy by councils such as our own will help to bring State and Federal Government funding to a project that has a regional significance. 

 

Relevant links:

Bicycle New South Wales

https://bicyclensw.org.au/advocacy/bnsw-projects/north-shore-unlinked-cycleway/

 

Harbour Link

http://www.sydneyharbourlink.com/

 

 

 

RECOMMENDATION

 

That Council:-

 

1.         Write to the relevant Departments of the NSW State Government (Roads and Maritime Services, Department of Planning) to commit to funding and a timeline for construction of a segregated cycleway from Naremburn to the Sydney Harbour Bridge; and 

 

2.         Write to neighbouring North Sydney, City of Ryde and Willoughby Councils requesting that all four Councils work together to campaign the NSW State Government for the completion of the segregated cycleway from Naremburn to the Sydney Harbour Bridge.

 

 

 

 

 

Councillor Andrew Zbik

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 November 2017

Notice of Motion - Recognition of local resident- Ross Napier

 

 

Subject:          Notice of Motion - Recognition of local resident- Ross Napier    

Record No:    SU6840 - 68113/17

Division:         Lane Cove Council

Author(s):      Councillor Deborah Hutchens 

 

 

 

Background

 

Ross Napier was a long-term resident of Lane Cove. Ross lived at 56 Carranya Road, Riverview from 1958 to 1963, before moving to the corner of  William Edward and Cowper Street, Longueville, circa 1964. He lived at this address until his death in 2004.

 

Ross Napier (1929- 2004) was a well-known and prolific radio and television writer. He lived in London for a period (Feb 1956 - Jan 1958) and returned to Australia in the 1950s. On his return to Australia he worked for radio producer, Grace Gibson. In order to combat the rising popularity of television in the 1950s Grace Gibson developed five minute radio dramas and Ross Napier became one of her chief writers. Some of his work included Portia Faces Life (1950s-1970s) and Catherine Gaskin’s novel Sara Dane (1962).

 

Today he is perhaps most well known for writing and script editing numerous Skippy the Bush Kangaroo episodes and a number of Number 96 episodes.

 

91 William Edward Street is listed on the Lane Cove Heritage Study and the house has been called Vereena in the past. A search by Legal Liaison Searching Services suggest the Napier’s brought the house May 26 1963.   He spent his working hours writing scripts and novels upstairs in his studio at home. He died at home on November 2, 2004 and was survived by his wife Ann.

 

Conclusion

It would seem fitting for Lane Cove to acknowledge the life of Ross Napier in some way. The suggestions have been a literary blade – such as the ones outside the Lane Cove Library; a plaque near his home or the possibility of naming part of the bushland and steps that go down to Dettman Avenue which are near his home.   

 

 

 

RECOMMENDATION

 

That a report come back to Council considering if it would be possible to celebrate the life of long-term Lane Cove resident Ross Napier and suggesting ways in which his life could be celebrated.

 

 

 

 

 

 

 

 

 

 

Councillor Deborah Hutchens

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 20 November 2017

Presentation of Annual Financial Statements - Year Ended 30 June 2017

 

 

Subject:          Presentation of Annual Financial Statements - Year Ended 30 June 2017    

Record No:    SU772 - 66586/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

Following completion of the audit, Council’s Annual Financial Statements for the year ended 30 June 2017 and the Auditors Report, are presented to Council.  It is recommended that the report be received.

 

Discussion

Section 418 of the Local Government Act 1993, requires that as soon as practicable after a council receives a copy of the auditor's reports:-

a)   It must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor's reports, to the public; and

b)   It must give public notice of the date so fixed. 

The audit of the Annual Financial Statements for the year ended 30 June 2017 has been completed by Council's Auditors – Audit Office of NSW, and a copy of their Audit Report is included with the Financial Statements. 

Notice was given in the North Shore Times on 9 November 2017 of the intention to present the Annual Financial Statements at this meeting.  The Statements have been available for inspection at the Civic Centre since 9 November 2017.  Written submissions were invited and at the time of writing this report, no submissions had been received.  The audited financial statements, together with the auditor's reports, are now formally presented to Council. Council’s overall financial result for the year was a surplus of $26.3M. This includes one off revenue from Council’s share of the unit sales at 1 Pottery Lane.

Council's Auditor will be in attendance at the meeting to present the Auditor's Report. A copy of the Annual Financial Statements for the year ended 30 June 2017 are attached as AT-1.

 

Conclusion

The results reflect Council’s ongoing strong financial position established and maintained over several years. Once again Council significantly exceeded industry benchmarks used in the Fit for the Future program, except the debt service cover ratio as Council has no borrowings.

 

RECOMMENDATION

 

That Council receive and note the Annual Financial Reports together with the Auditors Report for the year Ended 30 June 2017.

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

General Purpose Financial Statements for the Year Ended 30 June 2017

95 Pages

Available Electronically

 

 


 

Ordinary Council Meeting 20 November 2017

1st Quarter Review of the 2017-2018 Budget

 

 

Subject:          1st Quarter Review of the 2017-2018 Budget    

Record No:    SU757 - 66597/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

The First Quarter 2017 - 2018 Budget Review involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

 

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 203 of the Local Government (General) Regulation 2005. This report is prepared in accordance with the clause for the period ending 30 September 2017. The Office of Local Government has issued a prescribed format for reviews which is included as an attachment to this report. The purpose of these reviews is to ensure that the impacts of financial variations are reflected in the forecast of Council’s global budgetary position to 30 June 2018, and the adopted Budget adjusted accordingly.

 

Discussion

The following is a summary of Council’s adopted Budget for 2017 - 2018 and the revised Budget following the adjustments included in this report:-

 

 

Original Budget

(000’s)

Adjustments

(000’s)

Revised Budget

(000’s)

Expenditure - Operating

$42,190

$187

$42,377

Income - Operating

  $103,665

$226

  $103,891

Surplus/ (Deficit)

$61,475

           $39

$61,514

Surplus/(Deficit) before

Capital Grants/Contributions

$50,372

           $39

$50,411

 

Operating Expenditure

Adjustments are recommended to the operating expense accounts as per AT1 for a total of $206,788. The majority of these adjustments are unexpended grants from 2016/17. In addition there have been minor amendments for bushland maintenance, library archiving, strata fees for the Little Lane development and legal fees.

Operating Income

Three (3) adjustments are recommended for operating income.  Supplementary rates have been issued in 2017/18 for both residential and business properties and interest received on investments is expected to exceed budget due to the larger than expected investment portfolio.


 

Capital Expenditure

 

Capital Expenditure recommendations include replacement glass panels for Lane Cove Plaza and finalisation of the bridge replacement on the Lane Cove Golf Course.

 

Capital Income

 

Capital income provides funding for new projects from the section 94 Reserve and the Capital Works Reserve.

 

Conclusion

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

It is my opinion that the quarterly Budget Review Statement for Lane Cove Council for the quarter ended 30 September 2017 indicates that Council's projected financial position will be satisfactory at year end 30 June 2018, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

 

 

 

RECOMMENDATION

 

That the 2017 – 2018 Budget be varied as follows:-

 

Original Budget

(000’s)

Adjustments

(000’s)

Revised Budget

(000’s)

Expenditure - Operating

$42,190

$187

$42,377

Income - Operating

  $103,665

$226

  $103,891

Surplus/ (Deficit)

$61,475

           $39

$61,514

Surplus/(Deficit) before

Capital Grants/Contributions

$50,372

           $39

$50,411

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Budget Review for Quarter ended 30 September 2017

7 Pages

 

 

 


 

Ordinary Council Meeting 20 November 2017

New Shorelink Deed

 

 

Subject:          New Shorelink Deed    

Record No:    SU1739 - 67505/17

Division:         Human Services Division

Author(s):      Jennifer Bice 

 

 

Executive Summary

 

In December 2016 Willoughby Council gave notice that they would be withdrawing from the Shorelink Library Network in December 2017. Northern Beaches Council will also be withdrawing from Shorelink in June 2017 due to the merging of the former Manly, Pittwater and Warringah Libraries.

 

Lane Cove, Mosman and North Sydney Councils have reaffirmed their commitment to the Shorelink Library Network acknowledging that cooperation delivers both economic benefits and quality Library services to their communities. These councils have been working together to draft a new Deed of Agreement that will allow Shorelink to continue to operate and encourage future network growth. This report will recommends Council enter into the new Deed of Agreement.

 

Background

 

Shorelink is a library network that linked the five Lower North Shore Council Libraries of Lane Cove, Manly, Mosman, Stanton (North Sydney) and Willoughby. The Shorelink Library Network was established in 1983 when the five participating Councils signed a Deed of Agreement.

 

For the last 34 years the member councils have continued to demonstrate their commitment acknowledging that cooperation delivers both economic benefits and quality services. Shorelink is renowned for innovation and excellence in the provision of library information technology and is recognised as an outstanding example of local government cooperation and shared services.

 

Council was disappointed to receive notice of Willoughby’s withdrawal from the Shorelink Library Network in December 2016. In February 2017, Council resolved to:-

1.   Note the correspondence from Willoughby Council and its consequence that the Shorelink Deed of Agreement will terminate in December 2017;

2.   Continue to participate in a co-operative Library Network with the remaining Shorelink Councils for 2017/18;

3.   Host a meeting of Mayors and General Managers to see if there are changes to the way that the Shorelink Library Network operates that would present an opportunity for Willoughby to reconsider their current position to withdraw; and

4.   Be a party to a bridging Deed of Agreement (with the same terms and conditions as the 1983 Agreement), if required, to give a legal basis to the Library co-operative between January-June 2018.

 

Willoughby Council was not able to send representatives to a meeting until 1 August 2017. Willoughby Council informed the other councils that they had been through a tender process and signed a contract for a Library Management System and therefore Willoughby Council was not in a position to reconsider their withdrawal.

 

However, Lane Cove, Mosman and North Sydney Councils reaffirmed their commitment to regional cooperation and agreed that the Agent Council (currently North Sydney) should seek legal assistance to draft a new Deed of Agreement that would operate from 1 July 2018.

 

Discussion

 

The Shorelink Library Network will be operating under a bridging Deed of Agreement (with the same terms and conditions as the 1983 Agreement) until 30 June 2018. From the 1 July 2018 a new Shorelink Deed of Agreement will need to be in place.

 

The attached Draft Deed of Agreement has been modernised and is now compliant with the Local Government Act 1993 (NSW). Key elements include:

 

1.   The Funding Formula has been revised, with the capital expenditure (minimal since moving to a Cloud Solution) now divided equally, rather than the previous model of being divided such that Willoughby and North Sydney paid 28% each and the other councils paid 14%.

2.   Each Library will pay for its own communication structure rather than it being part of the Shorelink contribution;

3.   Staff and application software license costs will be based on the number of software licenses each council has; and

4.   All other shared costs are divided equally.

 

This arrangement should ensure that both large and small libraries pay in a fair and equitable way that reflects their use of the network. The Draft Shorelink Deed of Agreement should carry the Shorelink Library Network into 2018/19 and beyond. North Sydney Council modeled the new Funding Formula (based on network licenses rather than the number of loans as previously, and with fewer staff resources) which will result in a minor increase in cost to Lane Cove (<$5000).

 

Conclusion

 

Whilst it is disappointing that both Willoughby and Manly (now part of Northern Beaches) councils have decided to withdraw from the Shorelink Library Network it has offered Lane Cove, Mosman and North Sydney Council an opportunity to reaffirm their commitment to regional cooperation in the delivery of Library services. All three remaining councils recognise the community and economic benefits that can be realised by a cooperative network.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the report; and

 

2.   The General Manager be authorised to finalise the terms and conditions of the Draft Shorelink Deed of Agreement 2017 and sign the document on behalf of Council.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 November 2017

Service NSW - Easy to do Business Partnership

 

 

Subject:          Service NSW - Easy to do Business Partnership    

Record No:    SU538 - 66024/17

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

Council is requested to join the ‘Easy to do Business’ Program in partnership with Service NSW, which is designed to provide enhanced customer service and efficient service deliver. The program is currently free and it is recommended that Council join the program which is currently focused on making it easier to open a café, restaurant or small bar, but will be expanded to other service areas.

 

Background

 

‘Easy to do Business’ Program is a joint initiative between the Department of Premier and Cabinet, the Customer Service Commissioner, the Office of NSW Small Business Commissioner, and Service NSW. This initiative has a direct link to NSW State Priority “Make NSW the easiest state to start a business”.

 

The initiative brings agencies, local councils, and industry bodies together to make the process of opening or expanding a small business simpler and faster.

 

The initiative was piloted at the City of Parramatta Council in June 2016, and since then it has also started to expand to the other local Government areas.

 

The Service NSW (One-stop access to Government Services) Act 2013 requires a Council resolution to allow a Council to enter into a Service Partnership Agreement and to delegate the relevant customer service functions related to the administration of ‘Easy to do Business’ Program to the Chief Executive Officer, Service NSW. Accordingly, this report seeks Council approval to participate in the program.

 

Discussion

 

The initiative aims to streamline the processes of opening a new business, which typically require a business owner to deal with 13 agencies, including Council, and to complete 48 forms. The entire process can take up to 18 months. The initiative has initially focused on the Café, small bar and restaurant subsector; however, the initiative will also expand to other subsectors such as clothing retail, print businesses, and road freight etc. in the future.

 

Service NSW provides a digital platform and upfront information regarding what is required by a potential new business owner from all the approval authorities, including Council. A single digital form replaces the 48 existing forms. A business concierge service, via a single phone number, is also provided to support customers through the process. Refer to AT-1 for a further overview of the initiative.

 

The key benefits of the partnership with Service NSW as part of ‘Easy to do Business’

program include;

 

·    A Service NSW business concierge team will provide support to new business ideas.

·    A single digital form will avoid the need for repeated entry of the same data.

·    Better quality Development Applications will be submitted as the business concierge team will review the documents before they are submitted to the Council. This will save time for applicants as well as for Council to complete the Development Applications.

·    Council will benefit from exploring further future collaboration opportunities with Service NSW because of this partnership.

 

Service NSW has indicated that there is no fee payable by Council to participate.

 

Conclusion

 

The ‘Easy to do Business’ Program will benefit Council and business through a more streamlined process for opening a Café, small bar and restaurant. It will also provide an opportunity in the longer term for the integration of more State Government services and Council services, making it easier for citizens.

 

 

RECOMMENDATION

 

That Council:-

 

1.         Approve Council joining ‘Easy to do Business’ Program in partnership with Service NSW;

 

2.         Delegate the relevant customer service function related to the administration of ‘Easy to do Business’ initiative to the Chief Executive Officer, Service NSW in accordance with the Service Partnership Agreement as required under the Service NSW (One-stop Access to Government Services) Act 2013; and

 

3.         Delegate authority to the General Manager to execute any partnership documents and to undertake all actions necessary to give effect to this resolution.

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Attachment Service NSW - Easy to do Business Program

1 Page

 

 

 


 

Ordinary Council Meeting 20 November 2017

Consultation on Drafts of the New Model Code of Conduct for Councils in NSW and Procedures

 

 

Subject:          Consultation on Drafts of the New Model Code of Conduct for Councils in NSW and Procedures    

Record No:    SU3942 - 66813/17

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

The Office of Local Government (OLG) is consulting with councils and other stakeholders on changes to the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct) and the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures). Submissions are invited up to 4 December 2017.

 

This report will address key elements of the consultation drafts and recommend issues to form the basis of a submission to the OLG.

 

Background

 

The Model Code of Conduct (the Model Code) is made under S440 of the Local Government Act 1993 and the Local Government (General) Regulation. The Act requires every Council to adopt a code of conduct that incorporates the provisions of the Model Code. The code sets the minimum requirements of conduct for Council officials in carrying out their functions and is prescribed by regulation.

 

The Model Code of Conduct has been developed to assist Council officials to:-

 

·    understand the standards of conduct that are expected of them;

 

·    enable them to fulfil their statutory duty to act honestly and exercise a reasonable degree of care and diligence (Section 439); and

 

·    act in a way that enhances public confidence in the integrity of local government.

 

A Council’s Code may incorporate local provisions that may be more onerous and/ or supplement the Model Code. However, local provisions cannot be inconsistent with the Model Code.

 

Councillors, administrators, members of staff of council, independent conduct reviewers, members of council committees including the conduct review committee and delegates of the council must comply with the applicable provisions of council’s code of conduct in carrying out their functions as council officials. It is the personal responsibility of council officials to comply with the standards in the code and regularly review their personal circumstances with this in mind.

 

Discussion

 

The Phase 1 amendments made to the Local Government Act 1993 in 2016 will see the pecuniary interest provisions of the Act and the Local Government (General) Regulation 2005 incorporated into the Model Code of Conduct. Notably once commenced, these reforms will consolidate the prescription of all ethical standards for council officials into a single statutory instrument.

 

As part of the process of implementing the Phase 1 amendments, the OLG has also undertaken a review of the Model Code of Conduct and the Procedures. In doing so, OLG has sought the views of councils and other stakeholders on the ethical standards prescribed under the Model Code of Conduct, the operation of the Procedures and the current regime for disclosure of interests under section 449 of the Act.

 

As a result of the initial consultations, the proposed amendments to the Model Code of Conduct (refer AT-1) and Procedures (Refer AT-2) are highlighted in bold type in the consultation drafts. These amendments are designed to update, clarify and enhance prescribed ethical standards, to address issues identified in the four years the current versions of the Model Code of Conduct and Procedures have been in force and to improve the operation.

 

The new Model Code of Conduct and Procedures will also contain new provisions that are designed to improve ethical standards, more effectively deter non-compliance and lead to improved transparency and accountability. The OLG also advises once finalised, councils will be given a 6-month transitional period in which to adopt the New Code of Conduct and Procedures and to update systems with new requirements.

 

Comments on the Consultation Drafts

 

Many of the provisions in the draft Model Code already exist under the current code and the Local Government Act, and it appears that some of the past suggestions from industry stakeholders for improving the code have been taken on board.

 

Measures are supported that improve the sector and its accountability to the community. However, it is noted that standards for local government councillors and staff are generally far more onerous than those for State Members of Parliament and employees of State Government agencies. In fact, the recently adopted Code of Conduct for NSW Members of Parliament which appears at AT-3, is three (3) pages in length, by comparison the consultation draft is sixty one (61) pages in length.

 

Following a review of the Draft Code and Procedures the following observations are made;

 

General Comments

 

·    Many of the proposed changes in the Code and in the Procedures respond to issues raised previously by the sector.

·    Both instruments are more comprehensive and the inclusion of the pecuniary interest provisions is helpful in creating a single integrated set of integrity standards.

·    The proposed Code has included additional provisions intended to capture/reduce the incidence of poor behaviour such as bullying and harassment, disruptive meeting tactics and destructive social media comment to name a few.

·    This comprehensiveness comes at a price – greater length and complexity. While this is not considered a ‘show-stopper’, without a well thought out implementation program by the OLG (in concert with stakeholders) and the provision of supporting resources, it may become quite onerous and impractical to implement.

Comments on the Code

 

·    General Conduct Cl 3.1: The removal of the catch-all standard You must treat others with respect at all times and some of the other general conduct sub-clauses in the current Code  (eg. is detrimental to the pursuit of the charter of a council) is a positive move and gives the set of proposed general conduct standards a much needed increase in specificity.

·    Keeping a Written Record of meeting with Applicants and Objectors to develop proposals Cl 3.15: This is considered an unrealistic requirement and does not fully comprehend the role (including the statutory role) of an elected representative and lacks practicality. Given all of the other requirements in the proposed Code (and other governance requirements), it is over-regulation better dealt with as a suggestion in an accompanying Practice Guide.

·    Token Gifts 6.6-6.11 The requirement to record any gift or benefit received or offered, including a cup of coffee and provisions preventing attending large gathering functions to be too onerous

For example the Code now acknowledges $50 as the prescribed limit for token gifts and defines a token gift as one or more gifts or benefits received from a person over a 12 month period that do not exceed a cumulative value of $50. That amount has been the unwritten token value for a number of years and has never been reviewed. If the amount is appropriate, going forward it needs some method of indexation.

Additionally, this amount is impracticable in situations where professional service providers such as contracted financial services providers and law firms regularly invite clients for briefings and seminars on topical issues and catering is provided such as sandwiches, fruit and other refreshments. A strict interpretation of the draft code implies staff are prevented from attending professional development and important briefing opportunities such as these once they have reached the $50 token gifts cumulative value.

Finally, the clauses in connection with the monetary amount make attendance at Christmas Parties conducted by entity’s with which a Council does business problematic. It is suggested that where an entity conducts a Christmas party which is for all clients, i.e. not for a select group, that attendance be allowed with a declaration being made.

·    Internet Access and Use of Social Media Cl 8.21(b): This proposed clause is too broad, with almost anything being able to be alleged as having the potential for a negative impact. Undue breadth and generality provide a point of exploitation for some who want to lodge a complaint involving quite innocuous conduct for which the Code is not intended. Given the other sub-clauses, it is not needed and could be removed.

The Procedures

 

·    Delegation Cl 5.1: This step allows General Managers and Mayors to step aside from their complaint management roles and avoid conflicts and other problems of the type which have been quite common. It is unclear how it will work in practice and guidance will be needed to facilitate this reform as it may resolve many of the potential role conflicts which have emerged to date.

·    Code of Conduct Complaints About Staff Cl 5.3-5.8: These largely maintain the status quo and appropriately the General Manager deals with matters in relation to staff Code of Conduct complaints.

 

·    Investigations of Code of Conduct Complaints Against Councillors or the General Manager Part 7: The Procedures no longer have provision for a Conduct Review Committee but rather anticipate a single investigator. This simplification is welcomed and reduces costs.

·    Commencement of Investigations Cls 7.4 and 7.8: These provisions (and some related to them) require the investigator to provide certain information and advice to the subject person and complainant. However there is no requirement on the investigator to advise the subject person and complainant of Clause 7.16 (and 12.1) which requires the matter to be dealt with confidentially. The integrity of the investigation process and the proper management of the interests of those involved depends on confidentiality and the investigator should have a duty to advise the subject person and complainant about their responsibilities to keep the matter from the public arena.

·    Draft Investigation Reports Cls 7.27 & 7.28: Similarly when providing a copy of the draft report, the investigator should be required to advise the subject and affected persons of their responsibilities in relation to confidentiality.

·    Final Investigation Reports Cls 7.41 & 7.42: A final report is written and its destiny depends on whether a breach is found and the nature of the recommendations made by the investigator. Clauses 7.41 and 7.42 state a copy of the report is to be provided to the subject person (7.41) and a written statement to the complainant (7.42). There is no reference to timing. Yet it would be more appropriate for 7.41 and 7.42 to be executed within say 7 days of the report being provided to the Complaints Coordinator, General Manager, Mayor and/or Council as required by clauses 7.43 – 7.46.

In other words the appropriate representative/s of the council should be furnished a final copy first before copies/information are provided to the subject person and complainant. This is a pretty standard protocol and also allows the council to be prepared should the matter find its way into the public arena.

·    Terminating Conduct Reviewers: The procedures allow a conduct reviewer to effectively be sacked if they are doing an unsatisfactory job, and a new conduct reviewer appointed a positive outcome.

·    Complainants: can specify how they would like the complaint to be resolved (eg through mediation etc). However, the person responsible for managing the complaint is not bound by the complaints preference but has to take it into account.

 

Conclusion

 

In responding too many of the issues raised by the sector about the Code and Procedures, the outcome is a pair of longer and more complex instruments. The wording, especially in the Procedures, reflects the attempt to try and cover every eventuality; some clauses are difficult to understand, there is a lot of repetition of phrases and many clauses combine two or more circumstances in which they apply or don’t apply, making the application requirement hard to understand.

 

It is not necessarily the length or comprehensiveness that is the problem. It is more a matter of clear communication and explanation, giving reasons and examples which bring clarity as to why the clause exists and how it is applied. Much of what has been added to the instruments is not new requirements, but an attempt to clarify requirements. It is suggested that more comprehensive approach of the two instruments is worth supporting subject to OLG considering the following sorts of ideas:

 

·    Practical Guide: A comprehensive Practice Guide is developed which explains, in plain English, the rationale and operation of the clauses and/or groups of clauses in the two documents, using examples, explaining intended meanings and communicating the way/s in which the provisions would be applied.

·    Separating Out the Procedures: While retaining a single Code, it may be worthwhile to have three sets of procedures or sections within the document – Councillors, the General Manager and others. This would significantly reduce the need for constant repetition of qualifying phrases and unclear wording and make the content far more accessible.

·    Plain English: The documents would benefit from some plain English massaging by a plain English specialist.

·    Detailed Flow Charts: The decision chains embedded in the Procedures are complex and would be far more understandable if also represented in detailed flow charts in an attachment.

Clearly, the documents provide consolidated reference sources for expected standards of behaviour for Council officials and how to deal with breaches and related issues. Whilst the consultation drafts do not raise any major concerns and build on the current Model Code and related legislation, this report suggests a number of enhancements and concerns about the practicality of implementing certain provisions,

 

 

 

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the content of the Report, and

 

2.   Authorise the General Manager to make a submission to the Office of Local Government in respect of the Consultation Drafts in terms of the issues and comments raised in this report.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

The Model Code of Conduct for Local Councils in NSW

62 Pages

Available Electronically

AT‑2View

Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW

52 Pages

Available Electronically

AT‑3View

Code of Conduct for NSW Members of Parliament

3 Pages

 

 

 


 

Ordinary Council Meeting 20 November 2017

Tender for building alterations and renovations at Lane Cove Community Centre-164 Longueville road, Lane Cove

 

 

Subject:          Tender for building alterations and renovations at Lane Cove Community Centre-164 Longueville road, Lane Cove    

Record No:    SU6851 - 68072/17

Division:         Human Services Division

Author(s):      Jane Gornall 

 

 

Executive Summary

 

Council recently called for tenders in accordance with Council’s Tender and Quotation Procedure to undertake alterations and renovations to the Lane Cove Community Centre at 164 Longueville Road, Lane Cove. Following assessment of the tenders received it is recommended that Council reject all tenders and negotiate with the lowest priced tenderer.

 

Discussion

 

The proposal involves alteration and addition to the Community Centre to repurpose the Centre to be new premises for Centrehouse Creative Arts.

 

The works proposed include:

 

·    Renovation and reconfiguration of existing floor areas to provide for creative arts uses.  These uses include a pottery studio, print studio, artists in residence and storage, kilns, textiles, arts and drying rooms;

·    Refurbishment of lounge and lobby areas;

·    Minor additional floor area arising from the removal of an internal staircase and the relocation of an existing external glass wall; and

·    Provision of new toilets and the redesign and reconstruction of existing toilets for compliance with access requirements.

 

The tender specification detailed the schedule of work, hours of work, safety requirements and reporting requirements. 

Council advertised the tender in the Sydney Morning Herald on Tuesday 3 October, Wednesday 4 October and Saturday 7 October and the North Shore Times on Thursday 5 October, 2017 and through Council’s online tendering portal, Tenderlink. 

A site visit was conducted on Thursday, 12 October, 2017.

Tenders closed on 31 October, 2017 at which time 3 tenders were received.

The Development Application was approved by the IHAP on November 7, 2017.

 

Tender Evaluation

The tender evaluation panel consisted of Council’s Executive Manager – Human Services, Council’s Infrastructure Planner and the Manager – Facilities. The architect for the project, Mr August Smits from the architectural firm Ariismits also undertook an evaluation of the tenders. The following table summarises the panel’s evaluation. A copy of the panel’s full revaluation has been circulated separately to all Councillors on a confidential basis. A presentation on the tender evaluation was made to the Councillor Workshop held on 13 November, 2017.

 

 

Company

Price

Capacity & Capability

Experience

WHS

Environmental Sustainability

Rank

Weighting

40

25

25

5

5

Avant Constructions

Preferred

Preferred

Preferred

Equally Preferred

Equally Preferred

1

Cumnock Constructions

 

 

 

Equally Preferred

3

Kellyville Building

 

 

 

Equally Preferred

2

 

 

There is a significant difference in the prices submitted by the three (3) tenderers. Due to the difference in the submitted prices and the fact that all prices are over the estimated cost ,it is recommended that Council reject all tenders and negotiate with the highest ranked and lowest priced tenderer, being Avant Constructions.

 

Financial Implications

 

Council’s original budget for the project was $350,000. All tenders were significantly in excess of this amount and therefore additional funding will be required. A source of funds not currently committed in the 2017/18 Budget is the proceeds from the reimbursement of Council’s legal costs in the case against the NSW Government over forced mergers. It is recommended these proceeds be utilised to fund the additional cost and an adjustment be made in the next Budget Review to cover the negotiated contract value.

 

Also given the significant contribution by Council, it is suggested that Council invite a representative of the Centrehouse Committee to present their proposed Business Plan for operation of the new facility at a future Council Workshop, and a formal service agreement be executed between the parties together with a lease of the premises.

Conclusion

Due to the difference in the submitted prices and the fact that all prices are over the estimated cost it is recommended that Council reject all tenders. 

 

As Council has already been to the market, which included extensive advertising it is not recommended that Council retender, but rather enter into direct negotiations with the lowest priced tenderer, being Avant Constructions.

 

This process will require a revision of the scope of the project to bring it into line with the budget.  It is recommended that a representative from the Centrehouse Committee be involved in the negotiations discussions to ensure that any revision of the scope does not detract from the performance requirements required by Centrehouse Inc.

 

RECOMMENDATION

That:-

1.               Council reject all tenders and as Council has called tenders and identified suitable builders capable of undertaking the project, rather than call fresh tenders, enter into direct negotiations with Avant Constructions to reduce the overall contract value;

2.   The General Manager be authorised to conduct such negotiations and enter into a contract with the preferred contractor at a price less than or equal to the tendered price;

3.   A representative from the Centrehouse Committee be involved in the negotiations to ensure that any change to scope to reduce the cost does not impact detrimentally on the ability of Centrehouse to use the refurbished premises;

4.   The proceeds from the reimbursement of Council’s legal costs in the case against the NSW Government over forced mergers proceeds be utilised to fund the additional cost and an adjustment be made in the next Budget Review to cover the negotiated contract value; and

5.   Council invite a representative from the Centrehouse Committee to present their proposed Business Plan for operation of the new facility at a future Council Workshop, and a formal service agreement be executed between the parties together with a lease of the premises.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 20 November 2017

Closure of Christie Street, St Leonards

 

 

Subject:          Closure of Christie Street, St Leonards    

Record No:    SU6544 - 68504/17

Division:         General Managers Unit

Author(s):      Geoff Douglas 

 

 

Executive Summary

 

This report recommends commencement of the  process for the closure of Christie Lane St Leonards to facilitate the proposed pedestrian only link between the proposed St Leonards Plaza and Friedlander Place. Closure of a public road is undertaken in accordance with Part 4 of the Roads Act and Council is authorised to act on behalf of the Crown in progressing a number of administrative functions associated with the closure of public road.  The first step in that process is public notification. receipt and consideration of public submissions.

 

Background

 

Council has previously considered a Planning Proposal to rezone 75-79 Lithgow Street & 84-90 Christie Street, St Leonards to Mixed Use. The Proposal has received Gateway approval and is awaiting Gazettal. As part of the proposal, a Voluntary Planning Agreement (VPA) has been proposed which will see Stage 1 of the proposed Plaza over the rail corridor constructed over part of Lithgow Street. Specifically the VPA includes the following:-

 

(ii)        Construction and embellishment of the section of the proposed St Leonards Plaza deck over Lithgow Street (Approx 1708m2), with capacity in the associated supports for the portion of St Leonards Plaza spanning the rail corridor in return for access easements for Site A and Site B under the Plaza;

Due to the topography, it is proposed that Lithgow Street where it intersects the Pacific Highway and the western end of Christie Lane will be physically blocked when the Plaza is constructed. The proposed development will also see all Pacific Highway properties consolidated with 75-79 Lithgow St & 84-90 Christie Street, St Leonards, removing the need for the laneway to provide rear vehicular access.

 

The scheme also proposes a new road to be constructed at the southern end of the site, which will see the continuation of the existing Nicholson Street alignment through to Lithgow Street to cater for vehicular traffic. 

 

The scheme proposes to maintain a pedestrian thoroughfare along the alignment of the existing Christie Lane. It is proposed to ultimately allow the road lot to be absorbed into the new site to enable a full site consolidation with the lots facing Pacific Highway. This is contemplated by the Voluntary Planning Agreement for the site, and is necessary to ensure co-ordinated management and maintenance of the full site. A right of public access in favour of Council will be maintained to guarantee pedestrian connectivity between the proposed St Leonards Plaza. (Figure 1) and Christie Street and ultimately to Friedlander Place.

 

 

Figure 1 Location of Christie Lane

 

Discussion

 

Closure of a public road is undertaken in accordance with Part 4 of the Roads Act.  In a Memorandum of Understanding between the Department of Lands and Council dated 28 April 2006, Council is authorised to act on behalf of the Crown in progressing a number of administrative functions associated with the closure of the public road.  The first step in that process is public notification and receipt and consideration of public submissions.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to comply with the public notification requirements of the Department of Lands.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with the proposed road closure.

 

Method

 

Level of Participation

Inform

Inform

Form of Participation

Open

Targeted

Target Audience

Lane Cove Community

Key message givers, Immediate neighbours Lithgow Street, Christie Street and Nicholson Street, and Relevant Public Authorities

Proposed Medium

Advertisement, Public Exhibition, E-Newsletter, and Website Exhibition

Notification Letter

Indicative Timing

Late January 2018 – February 2018

Late January 2018 – February 2018

 


 

 

RECOMMENDATION

 

That:-

1.   Council commence the process to close Christie Street as indicated in AT-1 in accordance with the Memorandum of Understanding with the Department of Lands dated 28 April 2006.

2.   Council undertake community Consultation for a period of 6 weeks in accordance with the consultation strategy outlined in the report; and

3.   A further report be received outlining the submissions received.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Closure of Christie Street, St Leonards

1 Page

 

 

 


 

Ordinary Council Meeting 20 November 2017

Lane Cove Council Annual Report 2016/17

 

 

Subject:          Lane Cove Council Annual Report 2016/17    

Record No:    SU245 - 67015/17

Division:         Human Services Division

Author(s):      Corinne Dickinson 

 

 

Executive Summary

 

The Local Government Act requires all NSW Councils to prepare an Annual Report for the previous financial year by 30 November each year. Lane Cove Council’s Draft Annual Report for 2016/17 has been produced and this report recommends that Council adopt this document as the finalised Annual Report and send a copy to the Minister for Local Government as required by the Local Government Act.

 

Discussion

 

Council’s Draft Annual Report for 2016/17 is attached electronically only as AT-1 and covers all of the matters listed in the Local Government Act to be addressed, in particular the financial information included in the Audited Financial Statements and the progress on achieving the projects and activities listed in the 2016/17 Delivery Program.

 

In order to maintain consistency amongst Council’s Corporate Planning documents, the Draft Annual Report is organised into Council’s Six Strategic Planning Themes in the same way as the Lane Cove 2025 - Community Strategic Plan; the Delivery Program and Annual Operational Plan. This helps to reflect Council’s achievements across the key themes rather than by Council’s internal organisational structure.

 

The Draft Annual Report contains an introduction by the Mayor and General Manager for this reporting period. The highlights for 2016/17 as described in their introduction has been reproduced below for the Councillors and community’s information:-

 

Over the past 12 months Council has provided a balance between visionary projects and hands-on delivery to promote a better quality of life in Lane Cove.

The brand new Lane Cove Community Hub was opened in December 2016. Not only does it provide new community facilities for hire as well as tenancies for Sydney Community Services and Lane Cove Music and Culture, it also includes a 200 space underground car park and a pedestrian footbridge over to Lane Cove Aquatic Centre. This integrated facility reflects Council’s commitment to quality infrastructure for community groups, residents and visitors alike.

Council has continued to develop and implement the vision for St Leonards in addition to responding to the Greater Sydney Commission’s first North District Plan which proposed a further increase in population targets for the area. In recognition of the existing density of apartment buildings in Lane Cove, the focus of Council’s Neighbour Day campaign this year was on strata committees hosting events to help their residents to connect.

To assist with village centre growth, Council undertook community consultation on the future traffic plans for the village. This included addressing an increase in traffic volume, the earlier vision of a village by-pass and a commitment to implementing solutions before the Rosenthal Project is completed.

The builders for the highly-anticipated Rosenthal Project were appointed in January 2017 with approval provided for a Stage 1 Development Application and lodgment of the Stage 2 Development Application also taking place this year. This will project will not only increase parking by close to 200% on the existing car park capacity; it will also provide brand new open space in the heart of the village.

To complement the physical community infrastructure, Council has also invested in social capital through an extensive range of projects including the draft of our first Disability Inclusion Action Plan; a Seniors Home Safety Program; the Love Where You Live Event Sponsorship program; adopting Lane Cove’s first Reconciliation Action Plan; and supporting the first Lane Cove Fun Run.

We continued to deliver grant projects that allow us to undertake important improvement works in the area including upgrades to Warraroon Track and the River Road shared user path. Additional open space was secured with the upgrade to the Yangoora Bushland while Council also has plans for larger open space to be made available in Lane Cove North in addition to the Rosenthal Project.

Lane Cove continues to promote best-practice and as a result Council has committed to leading the way with a solar PV mapping project while also providing opportunities for the community to get involved with free workshops on solar PV and renovation projects. The new regional Community Recycling Centre was opened in Artarmon this year and Council continues to promote this new service in conjunction with the final electronic waste collections over the past year. 

Council has continued to improve customer service through its BPAY View promotion as a convenient online rate payment solution and continues to work towards the introduction of an online booking system for facilities.

While Lane Cove continues to evolve, its rich history is being celebrated through projects such as the WW1 Honour Roll project; People Make Places Lane Cove exhibition; and series of new Traffic Signal Box Artworks. Evidence of a vibrant community life was reaffirmed through record attendance at Council-run events following both an increase in attendance and diversification of event offerings.    

Formal and informal activities have been enhanced through upgrades to Tantallon Oval; a Shared User Pathway on River Road; upgrades to the Linley Point area near the University Rowing facilities; and open space areas including Manns Point and Newlands Park.  

This year’s 25th Cameraygal Festival had the theme ‘Celebrate Lane Cove’, an apt reflection not just for the Festival but for Council as a whole. Despite a year of uncertainty given the proposed merger of Lane Cove Council; our strong financial future and the ongoing provision of high quality services is something to celebrate as we look forward to delivering a better quality of life for our community.

 The future looks bright for Lane Cove as we embark on a new Council term in the coming months.

Conclusion

 

The Draft Annual Report has been prepared to meet the requirements of the Local Government Act.  Upon adoption of the Report, a copy will be forwarded to the Minister as required by the Act and will be publicly accessible via Council’s website www.lanecove.nsw.gov.au.

 

 

RECOMMENDATION

 

That:-

 

1.  Council adopt the Draft Annual Report at AT-1 for 2016/17;

 

2.  The adopted Annual Report be forwarded to the Minister for Local Government; and

 

     3.  The Annual Report be published on Council’s website.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1View

Lane Cove Council Annual Report 2016 17

158 Pages

Available Electronically

 

  


 

Ordinary Council Meeting 20 November 2017

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:    SU220 - 66239/17

Division:         General Managers Unit

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

Attached for the information of Councillors is a review of Council’s recent activities.  This report provides a summary of the operations of each Division for October 2017.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot - October 2017

40 Pages