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Agenda

Ordinary Council Meeting

19 March 2018

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 19 March 2018 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 19 March 2018

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 - 19 FEBRUARY 2018

 

 

Mayoral Minutes

 

2.       Refugee Welcome Zone

 

3.       St Leonards South LEP

 

Orders Of The Day

 

Officer Reports for Determination

 

4.       Commencement of new Environmental Planning and Assessment Act and Referral Criteria for Local Planning Panels

 

5.       Rosenthal Project - s94 Contribution Offset and Waiver of Bonds

 

6.       Guidelines for Dockless Bike Share Operators

 

7.       Update on (Government Information Public Access) Application - Costs of Forced Amalgamation Process

 

8.       Lane Cove Community Centre Refurbishment for Centrehouse Creative Arts Facility and the Early Childhood Health Centre

 

9.       Code of Conduct - NSROC Panel of Conduct Reviewers

 

Officer Reports for Information

 

10.     Online Booking System for Facilities, Library Rooms and Sporting  Fields

 

11.     Solar Compaction Bins

 

12.     Council Snapshot  

 

 

          


 

Ordinary Council Meeting 19 March 2018

Mayoral Minute - Refugee Welcome Zone

 

 

Subject:          Mayoral Minute - Refugee Welcome Zone    

Record No:    SU2398 - 13526/18

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

Executive Summary

                                                              

At the December 2017 Council meeting, Council considered a Notice of Motion from Councillor Zbik in regards to the Refugee Welcome Zone.  During the public forum many community members came and addressed Council on the issue and encouraged Council to sign the Refugee Welcome Zone Declaration. Council resolved to:-

“1.     Sign the pledge provided by the Refugee Council of Australia to become a Refugee Welcome Zone; 

2.       Demonstrate our commitment to the pledge by exploring opportunities to organise and coordinate with local community groups already working with refugees to hold an event or a series of events during Refugee Week (17-23 June 2018) or at another time deemed appropriate by Council. The objective of the events would be to help educate and raise awareness around the challenges people who have recently arrived in Australia face when settling into our community and celebrate the contribution they have made to Australian society; and

3.       Explore the opportunity to develop a work experience position at Lane Cove Council for a student who has recently arrived in Australia. The objective of the position would be to help them to develop the literacy and numeracy skills to help them give back to the Lane Cove community and to help build their skill set to prepare them for gainful employment in the private or public sectors.”

 

At the commencement of this Council meeting 19 March 2018, Council will sign the Refugee Welcome Zone Declaration. It is anticipated that many of the community who talked at the December meeting will attend the signing ceremony.

 

The Refugee Welcome Zone Declaration is proudly supported and endorsed by the Refugee Council of Australia and the Council will also be represented at the signing ceremony.

 

The signing indicates that Lane Cove as a Council has made a commitment to not only welcoming refugees into the community, but also upholding the human rights of refugees, demonstrating compassion for refugees and enhancing cultural and religious diversity in the community. Lane Cove will join with 60 other NSW Councils who have signed the Declaration and 148 Councils Australia wide.

 

Throughout the coming year Council will work with the community to implement the remaining elements of the resolution.


 

 

 

 

RECOMMENDATION

That Council:-

1.   Receive and note the report; and

2.   Record a vote of thanks to all Councillors and community members for supporting the signing of the Declaration.

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 19 March 2018

Mayoral Minute - St Leonards South LEP

 

 

Subject:          Mayoral Minute - St Leonards South LEP    

Record No:    SU6910 - 13517/18

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

 

Councillors, on Friday 3 March 2018 I had a constructive meeting with the local Member for Lane Cove, Anthony Roberts MP to discuss the Planning Proposal for the draft St Leonards South LEP amendments.

 

One of the key issues for Council in relation to the Planning Proposal is that the State Government is concurrently working on the St Leonards / Crows Nest Station Planned Precinct and this precinct encompasses the St Leonards South area.

 

I proposed that it would be beneficial for the community and Councillors to understand the Government’s plans for the whole area, particularly in relation to the provision of infrastructure, prior to finalising the Planning Proposal.  It is therefore appropriate for Council to formally request that Council not be required to finalise the current Planning Proposal for the St Leonards South area until after the public release and consideration of the St Leonards / Crows Nest Planned Precinct Draft Land Use Infrastructure and Implementation Plan (LUIIP).

 

We also discussed the St Leonards South area in the context of the Greater Sydney Commission’s dwelling targets for the Lane Cove Local Government Area (LGA) in the Draft North District Plan. Councillors will recall that under the Plan, Council is required to develop a Housing Strategy to deliver 1900 dwellings over the next 5 years. There will also be a 10 year target to 2026, expected to be a similar number based on the Commission’s population projections to 2036.

 

I outlined the extent of growth in the Lane Cove LGA in recent years, as well as the contribution that the Planning Proposal (2400 dwellings) and development in St Leonards east of the railway line (approximately 1900 dwellings) will make to satisfying the 10 year housing supply targets in the Commission’s Plan.  Accordingly, I think it appropriate for Council to formally request confirmation that, should the Planning Proposal proceed, and given the recent rezonings in St Leonards east of the railway line, these rezonings satisfy Council’s housing supply targets to 2026.

 

The matters discussed at the meeting will provide the community and Council with greater understanding of the context in which Council has developed the St Leonards South Planning Proposal. It is appropriate Council obtain assurances that should the Planning Proposal proceed Council will have satisfied its housing supply targets to 2026.

 

 

RECOMMENDATION

That:-

1.   The Mayor write to the Anthony Roberts MP, Minister for Planning, the Minister for Housing, and the Special Minister of State, requesting:-

a.       An extension of time for Council to complete the St Leonards South Planning Proposal to allow for the public release and consideration of the St Leonards / Crows Nest Planned Precinct Draft Land Use Infrastructure and Implementation Plan; and

b.       Confirmation that should the Planning Proposal proceed, and given the recent rezonings in St Leonards east of the railway line, these rezonings satisfy Council’s housing supply targets to 2026.

2.   The Mayor write to the Lucy Hughes Turnbull AO, Chief Commissioner, Greater Sydney Commission, formally requesting confirmation that should, the Planning Proposal proceed, and given the recent rezonings in St Leonards east of the railway line, these rezonings satisfy Council’s housing supply targets to 2026.

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

            


 

Ordinary Council Meeting 19 March 2018

Commencement of new Environmental Planning and Assessment Act and Referral Criteria for Local Planning Panels

 

 

Subject:          Commencement of new Environmental Planning and Assessment Act and Referral Criteria for Local Planning Panels    

Record No:    SU6600 - 12950/18

Division:         Environmental Services Division

Author(s):      Rajiv Shankar; Christopher Pelcz 

 

 

Executive Summary

 

The purpose of this report is to highlight a series of changes that have recently been made to the NSW Environmental Planning and Assessment Act 1979.  While some changes will have immediate effect, NSW State Government has advised that there will be staged implementation of some items as they will require further design and consultation.  NSW Planning and Environment (DPE) have created a dedicated webpage to explain the changes to the Act. It can be found under ‘Guide to the updated Environmental Planning and Assessment Act 1979. The full version of the new Act can also be accessed through NSW Planning and Environment’s website.   This report recommends Council adopt a Submissions Policy to allow additional matters to b referred to the new Local Planning Panel, consistent with Council’s previous IHAP.

 

Background

 

The proposed changes to the Environmental Planning and Assessment Act 1979 were exhibited by DPE from 9 January 2017 to 31 March 2017. The potential impacts of these changes were reported to Council at its Ordinary Meeting in March 2017, where it was resolved to make a submission to the proposed changes.

 

A further report was submitted to Council’s Ordinary Meeting in December 2017 confirming that NSW Parliament had passed the proposed changes in November 2017 and that they will commence on 1 March 2018, in particular the Local Planning Panels (compulsory IHAPs).

 

Discussion

 

The following indicative timeline was given by DPE in January 2018, for the staged implementation of the amendments to the Environmental Planning and Assessment Act.

 

New Obligation

Estimated Commencement

Ending transitional arrangements for Part 3A

Early 2018

Local planning panels

1 March 2018

Statement of reasons

Mid 2018

Changes to concurrences and referrals

Late 2018

Changes to conditions for major projects

Late 2018

Enforceable undertakings

Late 2018

Local strategic planning statements

Mid to late 2019

LEP check

Late 2019

Community participation plans

Late 2019

Improvements to complying development

Late 2019

Building and subdivision

Late 2019

Standard format development control plans

Mid 2020

 

The intention of the staged approach is to ensure all stakeholders can prepare for these changes supported by appropriate guidance, templates and other resources provided by DPE over the next two years.

 

Local Planning Panels (Formerly IHAPs)

 

The most immediate change affecting Council is the establishment of new Local Planning Panels – which Council has already implemented.

 

Under the new legislation, both Development Applications and Planning Proposals will be referred to Local Planning Panels in line with detailed referral criteria, refer AT-1. Of note is the late removal of the criteria relating to the value of the Development Application (>$5M). In summary, Development Applications which are considered contentious, involve a potential conflict of interest or depart from development standards will be referred to the Local Planning Panel for determination.

 

It is worth noting that under Council’s previous Independent Hearing and Assessment Panel (IHAP) Charter, a development application was referred to the panel if it was-

 

“c)     considered by the General Manager as contentious, particularly complex or in the public interest for the panel to determine.”

 

This provision allowed for referrals having regard to the complexity of the development proposal, the number and relevance of public submissions and any policy implications.

 

The Section 9.1 Direction issued by DPE on 23 February 2018 enables councils to prepare a Submissions Policy which may detail additional matters to be referred to the Local Planning Panel. Such a Policy must be approved by the Secretary of DPE. This is designed to allow an application with less than the prescribed number of submissions, ten, to be referred to the Panel for determination. An example of a complex matter with few submissions is an application involving view sharing.

 

It is recommended that Council adopt the following Submissions Policy:-

 

“A Development Application where any submission has, in the opinion of the General Manager, identified an issue relating to the Application which is contentious, particularly complex or in the public interest for the Panel to determine.”

 

Development applications that do not meet the referral criteria for the Local Planning Panel will be determined by the General Manager, with the exception of developments over $30M, which will be referred to the Sydney North Planning Panel.

 

A final difference to the operation of Council’s previous IHAP is that all Planning Proposals (prepared after 1 June 2018) must be submitted to the Local Planning Panel for advice prior to determination by Council, refer AT-2

 


 

Statement of Reasons

 

A statement of reasons for determination of Development Applications will be introduced. It is expected that the details of these reasons would be proportionate to the proposed level of development. Although the State Government will provide model guidance and templates at a later date, Council’s development assessment reporting structure already promotes this.

 

Renumbering of the Act

 

All sections of the Act have been renumbered and in some cases re-structured. This will mean a change in terminology for common matters. For example, s94 Contributions (Developer contributions towards provision or improvement of amenities or services) are now in Section 7.11. A guide has been created by DPE to help explain the new structure, refer AT-3

 

Other changes will be gradually implemented over the course of the next two years and staff will continue to review and provide information where (and when) appropriate.

 

Conclusion

 

Council staff will continue to provide information on the changes to the NSW Environmental Planning and Assessment Act as they become available.

 

 

RECOMMENDATION

That Council:-

1.   Receive and note the report;

2.   Adopt a Submissions Policy, that: - “A Development Application where any submission has, in the opinion of the General Manager, identified an issue relating to the Application which is contentious, particularly complex or in the public interest for the Panel to determine”; and

3.   Seek the approval of the Secretary of the Department of Planning and Environment for the adopted Submissions Policy.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Local Planning Panel referral criteria for Development Applications (Determination)

7 Pages

 

AT‑2View

Local Planning Panel referral criteria for Planning Proposals (Advice only)

1 Page

 

AT‑3View

Guide to new Environmental Planning and Assessment Act - January 2018

2 Pages

 

 

 


 

Ordinary Council Meeting 19 March 2018

Rosenthal Project - s94 Contribution Offset and Waiver of Bonds

 

 

Subject:          Rosenthal Project - s94 Contribution Offset and Waiver of Bonds    

Record No:    SU6222 - 14932/18

Division:         General Managers Unit

Author(s):      Geoff Douglas 

 

 

Executive Summary

 

This report outlines the case that the material public benefit provided by the Rosenthal Project be recognised as full satisfaction of the s94 contribution required by the Development Consent, and that the lodgment of an Infrastructure Damage Bond and a Positive Covenant Bond are unnecessary and unenforceable because Council is both the Developer and the owner of the Council assets to which the Bond monies apply.

 

Background

On 30 November 2017 ADCO were issued with Development Consent in respect of DA46/2017 for the Rosenthal Project.  The consent included the following conditions:-

 

·      Condition 9 imposed payment of a contribution of $780,000 towards traffic management and streetscape improvements, open space and recreation facilities, drainage and community facilities, in accordance with the Lane Cove Council’s Section 94 Contributions Plan.

 

·      Condition 79 required the applicant to lodge a $300,000 cash bond or bank guarantee to cover the repair of damage or outstanding works to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development.

 

·      Condition 87 required the applicant to lodge with Council a $2000 cash bond to cover the registration of the required positive covenants prior to the issue of the Construction Certificate.

 

Discussion

Section 94 Contribution

Council’s Section 94 Plan at Clause 1.1 states as follows:-

“Council’s may also accept…   …the provision of a “material public benefit” in part or full satisfaction of a condition imposed under Section 94(1) or Section 94(2A), through provisions of Section 94 (2C).” 

[Note: the EP&A Act has been revised and different clause numbers now apply]

The [newly revised] EPA Act, Section 7.11(7) (b) states:

“the provision of a material public benefit (other than the dedication of land or the payment of a monetary contribution) in part or full satisfaction of a condition imposed in accordance with subsection (1) or (3).”

The Rosenthal Project includes a significant material public benefit comprising 500 public car parking spaces (value greater than $35M); a community open space and children’s play area (value greater than $15M), the renewal of Birdwood and Rosenthal Lanes and general road improvements in Rosenthal Ave and Birdwood Avenue.

This material public benefit should be considered in the context of Section 7.11(7) (b) of the EPA Act, as the value of the material public benefit conferred considerably exceeds the $780,000 contribution levied.

If Council accepts the provision of a material public benefit, instead of a monetary payment, there is no need to modify the condition of development consent. The statutory effect of Section 7.11(7) (b) has the affect of deeming the provision of the material public benefit as constituting the full satisfaction of the condition.

 

Bonds

 

Conditions 79 & 87 of the Consent require lodgment of Infrastructure Damage and Positive Covenant Bonds respectively to Council as the regulatory authority.  The Infrastructure Damage Bond is required to assure that the applicant undertakes any necessary repairs or damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development.  The Positive Covenant Bond is to assure that the applicant undertakes certain obligations in relation to the On Site Detention system.

 

For the Rosenthal Project, the Council is both the Developer and the Authority imposing the conditions.  In this case Council cannot contract with itself and does not need a security to force itself to take any action.  Council is at all times responsible for the Infrastructure and as part of the project scope is renewing the roads and drainage around the site.

 

It is therefore proposed that both the Infrastructure Damage and Positive Covenant Bonds are unnecessary because Council will meet the obligations that the Bonds intend to assure.

 

Conclusion

 

This report has outlined the arguments for accepting that the Rosenthal Project provides Material Public Benefit which satisfies the obligations of the Developer Contributions imposed at Condition 9 of DA46/17, and that the Infrastructure Damage and Positive Covenant Bonds imposed at Conditions 79 & 87 of DA46/17 be waived.

 

 

RECOMMENDATION

That in relation to the Development Consent for DA46/17 for the redevelopment of the Rosenthal Avenue Car Park, Council:-

1.    Determine that the material public benefit included in the development estimated at $45,000,000 as full satisfaction of contributions otherwise required by Conditions 9 of the Development Consent; and

2.    Determine that payment is not required for the Infrastructure Damage and Positive Covenant Bonds as outlined in Conditions 79 & 87 of the Development Consent.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 19 March 2018

Guidelines for Dockless Bike Share Operators

 

 

Subject:          Guidelines for Dockless Bike Share Operators    

Record No:    SU827 - 14728/18

Division:         Open Space and Urban Services Division

Author(s):      Sashika Perera; David Wilson 

 

 

Executive Summary

 

Over the past 12 months a number of bike share companies have commenced operations around the metropolitan area of Sydney. Bike share companies such as Reddy Go, Obike, Ofo and Mobike allows riders to access a fleet of bikes through a Smart Phone application. The bikes can be used for return or one-way trips and do not have to be returned to a docking station.

 

No consultation was undertaken by the companies with councils as to how the businesses would operate and in recent months Council, like many inner metropolitan councils, has experienced share bikes being dumped in parks and on footpaths resulting in obstructions to pedestrians, bikes littering streets and trip hazards.

This report outlines the need to adopt a consistent framework for bike share companies in line with  the Inner Sydney Bike Share Guidelines.

Background

 

Whilst bike share schemes offer a user-friendly means of cycling, the lack of regulation or guidelines has resulted in an increase in road-side clutter, affecting safety and amenity for pedestrians and the community generally. This is particularly evident in Inner West, City of Sydney, Randwick, Waverley, Woollahra and Canada Bay Councils.

 

In comparison, Lane Cove experiences much lower volumes of complaints associated with dockless bikes, with only three (3) bikes collected and impounded by Council Rangers in the last six (6) months. However, with the increase in popularity and availability, the use of share bikes in the Lane Cove LGA is likely to continue to increase over time.

 

Discussion

 

Councils, public landholders and bike share operators are stakeholders in establishing a position that considers transport; environment, health and community related objectives in the use of public space.  While abandoned bikes are yet to become a large scale problem in Lane Cove streets, it is opportune to be prepared with a considered policy should such eventuate. 

 

In December 2017, six (6) Sydney councils devised the Inner Sydney bike share guidelines. These guidelines attached at AT-1, set out minimum standards and expectations for bike share operators.

 

In February 2018, NSROC Bike Share Working Group met to discuss the need to produce guidelines within NSROC Councils. The NSROC Bike Share Working Group agreed that:-

·    A consistent set of guidelines across member councils would likely assist with compliance by operators;

·    It’s open for member councils to adopt the Inner Sydney bike share guidelines in the interim; and

·    The bike share working group and NSROC’s representative will contribute a consolidated set of feedback into the review of the inner Sydney Council bike share guidelines.

 

The attached guidelines include controls and guidelines issues including:-

·    Customer Safety and Conduct;

·    Safe Bike Placement;

·    Faulty, Damaged or Misplaced Bikes;

·    Legal and Insurance;

·    Data sharing;

·    Council staff and access to Bikes;

·    Collection and Relocation of Faulty or Damaged Bikes;

·    Unused Bikes;

·    Ceasing of Operations; and

·    Review of Guidelines.

 

Of particular importance is dealing with poorly located bikes, which is covered by the following clauses within the guidelines:-

 

“Operators must enable easy reporting of faulty or damaged bikes, missing helmets or bikes parked in inappropriate locations, through their app, website, email and a fully dedicated phone number available 24/7.  For out of hours phone calls, (outside 6am to 9pm seven days a week,) customers will have their enquiry followed up within the next day.  Operators must work toward providing a phone service between 6am-9pm seven days a week.”

 

If a member of the public or public landholder reports damaged, faulty, abandoned or inappropriately parked bikes the following timeframes apply.

 

Incident

Timeframe

Action

a.   Dangerously placed

3 hours

Where a bike is causing an unreasonable hazard (i.e. parked across a road, carriageway etc.) the operator will relocate the bike within two hours.

 

Council/public landholder may remove and impound the bike at any time to make area safe.  The operator will be contacted at the time of any such action.

b.   Bike reported as unsafe

Immediate (upon verification)

 

1-7 days (depending on severity)

Upon verification of unsafe bike, operator will immediately deactivate bike.

 

Operator will check for safety/damage/faults and remove the bike from the public area.

c.   Significantly damaged

Immediate (upon verification)

 

 

1-7 days (depending on severity)

 

Upon verification of damaged bike, operator will immediately deactivate bike.

 

Operator will check for safety/damage/faults and remove the bike from the public area

d.   Inappropriate bike density

1-7 days (depending on severity)

 

Operator will be proactive in the redistribution of bikes

e.   Illegally parked

1-7 days (unless escalated by council or public landholders)

Dependent on location of bike. (For e.g. private property, motorcycle or disabled parking)

 

2.  Unused Bikes

 

The following timeframes will help keep bikes moving and not left in one location for too long.

 

Timeframe

Action

1-7 days

No action. It is expected that bikes may not be used for a period of up to 7 days, particularly bikes left in quiet streets.

7-10 Days

The operator must relocate the bike or offer customer incentives to ride the bike to another destination.

11-14 days

If the bike has not been moved at the end of 11 days, a council/public landholder may instruct the operator to relocate the bike.

15+ days

The bike may be retrieved and impounded by council/public landholder. A fee may be payable for the release of the bike.

28 days after impoundment

The bike may be recycled by the local council.

 

 

Should these guidelines not be complied with, Council will continue to impounds bikes as required, and charge an appropriate fine and/or impounding release fees.

 

Conclusion

 

It is imperative that Council work together with bike share operators to achieve its sustainable transport goals whilst having regard to public space.  As such, a consistent set of guidelines for bike share operators should be implemented.

 

 

RECOMMENDATION

 

That Council adopt the Inner Sydney Bike Share Guidelines outlined in AT-1, as amended from time to time.

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Inner Sydney Bike Share Guidelines 22 Dec 2017

5 Pages

 

 

 


 

Ordinary Council Meeting 19 March 2018

Update on (Government Information Public Access) Application - Costs of Forced Amalgamation Process

 

 

Subject:          Update on (Government Information Public Access) Application - Costs of Forced Amalgamation Process    

Record No:    SU5503 - 13502/18

Division:         Corporate Services Division

Author(s):      Simon Cole 

 

 

Executive Summary

 

Council at its meeting of 20 November 2017 resolved to make an application to the NSW Government under the Government Information (Public Access) Act 2009 (GIPA Act) for details of the total costs for the forced amalgamation process across NSW. 

 

The total costs incurred on local council amalgamations by the Department of Premier and Cabinet between 1 June 2015 and 31 July 2017 were published in two separate reports on 12 September 2017 and 8 December 2017.  The total cost disclosed in AT-1 and AT-2 amounts to $16,464,849.

 

The total costs incurred by the Office of Local Government between 1 June 2015 and 18 September 2017 were released to Council on 9 March 2018 at AT-3.  The total amount indicated is $7,535,959.

 

Therefore, based on the information released, the combined total costs disclosed by these NSW Government agencies for the cost of forced amalgamation program is $24,000,808.

 

Background

 

Council at its meeting of 20 November 2017, resolved that:-

“The General Manager make an application under the Government Information (Public Access) Act 2009 (GIPA Act) to obtain the total amount of money spent on the recent forced amalgamation process across NSW, together with the following itemisation:-

1.   Advertising campaigns;

2.   Boundaries Commission Meetings and Reports;

3.   Legal fees;

4.   Staff costs;

5.   Reimbursement of legal fees; and

6.   Any other costs that the General Manager considers relevant.”

 

Discussion

 

Accordingly, a formal GIPA request was made to the Department of Premier and Cabinet (on behalf of the NSW Government) seeking the total amount of costs incurred by the NSW Government in the forced amalgamation process.  Council was advised that information was available as open access information following an earlier GIPA application, made by another applicant in September 2017.

 

Two reports were published on the disclosure log, in accordance with section 25 of the GIPA Act as being in the public interest.  Documents titled DPC17/04333 (AT-1) and DPC17/05842 (AT-2) were informally released to Council and indicate expenses incurred by the Local Government Reform Branch of the Department of Premier and Cabinet (DPC) arising from the council amalgamation process for the period 1 June 2015 to 1 August 2017.  These disclosed costs apply only to the DPC and total $16,464,849.

 

The total costs incurred by the Office of Local Government in the forced amalgamation process, within approximately the same period, between 1 June 2015 and 18 September 2017, are provided at AT-3.   This information was also released informally to Council by the Office of Local Government.

 

The combined amounts for each period indicated in the two tables is $7,535,959.

 

The Office of Local Government have advised that aggregating overall amounts may also give rise to a risk of some duplication. 

 

Council is further advised by the Office of Local Government that the costs incurred by any other NSW Government agency would be minimal.

 

In regard to recovery of costs by Council in respect of the merger challenge legal proceedings, the Court of Appeal made orders that the Minister on behalf of the NSW Government pay Council’s costs for proceedings in the Land and Environment Court and in the Court of Appeal. 

 

Council’s solicitors notified the Crown Solicitor’s Office on 6 November 2017 that Council incurred $382,254 in costs in the legal proceedings.  Despite attempts by Council’s solicitors to offer to accept $320,000 in full and final settlement of costs to facilitate a quick resolution, including a number of follow up attempts, the Crown Solicitor’s Office has not responded to any requests including the offer.

 

It should not be necessary for Council to have to pursue the recovery of the costs through the courts incurring additional cost, therefore it is proposed that Council make representations to the NSW Premier the Hon. Gladys Berejiklian MP and the State Member for Lane Cove the Hon Anthony Roberts MP seeking their support in facilitating the reimbursement of Council’s legal costs in the merger challenge, as per the Court of Appeal’s judgment in the matter.

 

Conclusion

 

The reports provided to Council by the DPC and Office of Local Government, place the total amount of money spent on the recent forced amalgamation process across NSW at $24,000,808.  This excludes grants etc provided to amalgamated councils for infrastructure

 

 

 

RECOMMENDATION

That Council:-

1.    Receive and note the report; and

2.    Make representations to the NSW Premier the Hon. Gladys Berejiklian MP and the State Member for Lane Cove the Hon. Anthony Roberts MP seeking their support in facilitating the urgent reimbursement of Council’s legal costs in the merger challenge, as per the Court of Appeal’s judgment in the matter.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

DPC17/05842:- Total costs incurred by the Department of Premier and Cabinet on local council amalgamations from 1 June 2015 to 30 November 2015.  

2 Pages

 

AT‑2View

DPC17/05842:- Total costs incurred by the Department of Premier and Cabinet on local council amalgamations from 1 December 2015 to 31 July 2017.

2 Pages

 

AT‑3View

OLG - Lane Cove Council - Council merger costs 1 June 2015 to 30 September 2017 - Information released

2 Pages

 

 

 


 

Ordinary Council Meeting 19 March 2018

Lane Cove Community Centre Refurbishment for Centrehouse Creative Arts Facility and the Early Childhood Health Centre

 

 

Subject:          Lane Cove Community Centre Refurbishment for Centrehouse Creative Arts Facility and the Early Childhood Health Centre    

Record No:    SU371 - 13546/18

Division:         Human Services Division

Author(s):      Jane Gornall 

 

 

Executive Summary

 

Council in 2017 considered the tender for the refurbishment of the Lane Cove Community Centre building for use by Centrehouse Inc. as a Creative Arts space. During the planning for the refurbishment considerable discussion was had with NSW Health in regard to refurbishing their space within the Community Centre building. The space, in line with the rest of the building had had no renovations since it was built in the late 1980’s. The approved Development Application for the building included refurbishing the Early Childhood Health Centre. Unfortunately NSW Health was unable at that time to commit any funding to the project. 

 

In February, 2018 as a result of Council and community concern about the lack of refurbishing of the Early Childhood Health Centre, the local member, The Honourable Anthony Roberts MP became involved. In late February NSW Health advised that approval had been given for works to proceed, this means the refurbished centre will provide for consulting room and access to a large group session room, increasing the capacity of the facility.

 

Background

 

Refurbishing works on the Community Centre excluding the designated Early Childhood Health Centre area commenced in December 2017.  To ensure that the Service to our residents could continue without interruption and also so that NSW Health staff were able to operate in a quiet and safe environment, Council arranged for the relocation of the Centre to the Cove Room in the Civic Centre.

 

Councillors will be aware that there was some community unrest and representations in regard to the lack of fitout for the Early Childhood Centre.  Council had also made representation to the local member in relation to the issue them in February there was discussion at a Ministerial level in relation to this matter which resulted in a meeting between the Chief Executive Officer of the Northern Sydney Local Health District, Ms Deborah Willcox and Council’s General Manager which included a site visit.  In February 2018, NSW Health advised that the work could proceed at their cost with Council project managing the refurbishment.

 

Discussion

 

It was clear from the site visits that there were clear advantages of undertaking refurbishment of the Early Childhood Health Centre at the same time as the other building works were being undertaken. This included the fact that the Early Childhood Health Centre had already been relocated and was operating from an alternative venue and the fact that the builders were onsite and could continue the works without requiring re-establishment of the site.

 

Since the agreement has been made – demolition has been carried out in regard to the internal works; and colour schemes; flooring and fabrics have been chosen.

 

 


 

Conclusion

 

The partnership between NSW Health and Council will result in a good community outcome with a fully accessible and updated community space.  It is anticipated that the building works for all of the building will be completed by mid-May, which will allow for the Early Childhood Health Centre to return to their refurbished area. A formal opening ceremony will be arranged once a definite finishing date has been determined.

 

 

RECOMMENDATION

That Council:-

1.   Receive and note the report; and

2.   Send a letter of thanks to the local Member, The Honourable Anthony Roberts MP for his assistance and support in delivering a partnership approach between NSW Health and Council to deliver the refurbished Lane Cove Early Childhood Health Centre.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 19 March 2018

Code of Conduct - NSROC Panel of Conduct Reviewers

 

 

Subject:          Code of Conduct - NSROC Panel of Conduct Reviewers    

Record No:    SU836 - 14111/18

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

The term of the NSROC Panel of Conduct Reviewers expired in September 2017. As a result, NSROC have conducted an Expression of Interest for establishing the 2017 – 2021 Panel with the recommended Panel along with a template for annual reporting of reviewers performance by member Councils to NSROC, being endorsed by the Board of NSROC at its meeting of 22 February 2018.

Therefore, this report will recommend that Council adopt the Panel endorsed by NSROC for Conduct Reviewers for the term expiring in September 2021.

Background

 

The Model Code of Conduct for Council officials and the associated procedures require councils to appoint a panel of conduct reviews to investigate when required, complaints made in accordance with the Code of Conduct.

In 2008, NSROC member councils agreed to jointly appoint a Panel of Conduct Reviewers to investigate Code of Conduct complaints. This Panel comprised twelve (12) conduct reviewers who were available for specific appointments by member councils.

The Panel was reviewed in 2012, reflecting the requirements of the Model Code of Conduct that came into force on 1 March 2013. It included a changed selection criteria and process for conduct reviewers. The Model Code of Conduct continues to allow for councils to jointly appoint a regional Panel of Conduct Reviewers.

It is noted that the Office of Local Government (OLG) has been consulting on the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW. A consultation draft was released in October 2017 and Council made a submission in response in December 2017. It is not yet known when an updated Code of Conduct and procedures will be released.

Discussion

The current Model Code of Conduct came into force on 1 March 2013. The associated Procedures detailed eligibility requirements for conduct reviewers and persons who are to be excluded from consideration.

The key differences in complaints handling procedures from the previous Code are:-

a)   The appointment of a “complaints coordinator” by each Council who is responsible for referring code of conduct complaints to a suitable conduct reviewer and providing assistance as required;

b)   The division of tasks to include “preliminary assessments” and “investigations” to be undertaken by Code of Conduct Reviewers; and

c)   The mandatory referral of complaints about councillors to the OLG where they:-

i.    Allege a breach of the pecuniary interest provisions of the Act;

ii.    A failure to disclose and appropriately manage conflicts of interests from reportable political donations;

iii.   A breach of Section 8 of the Code; and

iv.  Complaints the subject of a special complaints management arrangement.

Advertisements for the Panel were placed on the NSROC website, Tenderlink and in the Sydney Morning Herald of 29 August 2017. Applications opened on 28 August 2017 and closed 29 September 2017. In addition, reviewers on the previous Panel were contacted directly and advised of the EOI process for the renewal of the Panel. The specifications and selection criteria is at AT-1 to this report.

There were 24 consulting firms representing 80 Reviewers that submitted Expressions of Interest.

A selection committee comprising the NSROC Manager Projects; Executive Manager - Corporate Services, Lane Cove Council; Governance Manager, Willoughby Council; and Manager Risk Audit & Governance, City of Ryde, assessed the applications based on the assessment criteria and recommended a fourteen (14) member Panel detailed in AT-2 to this report. A confidential memo has been circulated to Councillors seperately outlining individual commercial rates for each of the recommended panel members.

NSROC is proposing to seek annual feedback from Councils on the effectiveness of the new Panel and will seek to refresh the Panel mid-way through its four-year tenure.

Conclusion

It will therefore be recommended that Council adopt the recommended NSROC Panel of Conduct reviewers in compliance with the Model Code of Conduct and related Procedures.

 

 

 

RECOMMENDATION

That Council:-

1.     Receive and note the Report; and

2.     Adopt the Conduct Reviewers Panel as outlined in AT-2 to this Report.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Specification and Assessment Criteria

2 Pages

 

AT‑2View

Recommended Panel of Conduct Reviewers 

2 Pages

 

 

  


 

Ordinary Council Meeting 19 March 2018

Online Booking System for Facilities, Library Rooms and Sporting  Fields

 

 

Subject:          Online Booking System for Facilities, Library Rooms and Sporting  Fields    

Record No:    SU458 - 13639/18

Division:         Human Services Division

Author(s):      Jane Gornall 

 

 

Executive Summary

 

Council has been working on the introduction of a new online booking system for Council facilities.  The new online booking system internally went live in March 2018 and will be available to the public as of 2 April 2018. The system will allow staff, community groups and the general public to make online bookings for community facilities, parks and for sporting fields and enable bookers to pay online, track and edit bookings.

 

Discussion

 

Council has for many years had an internal booking system to track and record bookings for its facilities. As the range and quality of facilities has increased– new community centres; upgraded parks and sporting fields, the interest from both the general public and from community groups has grown. The community now also expects to be able to view multiple venues, compare facilities and costs and be able to do their own bookings, change bookings and pay online. The new booking system allows for these functions.

 

For many Council buildings, Council has also linked the booking system to the security system. The link allows for a security code to be generated once a booking has been confirmed. The code is then input into the keypad at the relevant Council building and the door will allow access to the facility for the booker. Previous years a Ranger would need to be available for unlocking and locking facilities – the link allows for not only automatic unlocking of the doors but also the doors will lock again at the end of the booking period. This allows for the Rangers time to be re-allocated to other tasks.

 

One of the challenges for the new system was to be able to ensure that Council events could be booked in the required venues and also long-term community group bookings while still ensuring easy access to one-off or new bookers. It is envisaged that throughout 2018 training will be provided to our regular community groups who book venues. In the future they will then be able to make and edit their own bookings and booking times.  The system also provides a cost for the booking allowing them to manage their budgets more effectively.

 

Conclusion

 

The introduction of the new online booking system will allow users in the community greater and easier access to see what Council facilities (buildings, parks and sporting fields) are available for hire; what equipment is available and to input and manage their own bookings. As the roll out to the general public and to community groups occurs there may be some initial issues not necessarily experienced by the internal staff who have trialed the system, these will be resolved as quickly as possible.

 

 

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.

 


 

Ordinary Council Meeting 19 March 2018

Solar Compaction Bins

 

 

Subject:          Solar Compaction Bins    

Record No:    SU6943 - 14137/18

Division:         Environmental Services Division

Author(s):      David Wilson 

 

 

Executive Summary

 

Council is committed to ensuring that access to waste and recycling stations are readily available and are also being regularly serviced, so as to ensure the amenity of our public spaces is maintained. 

 

To raise community awareness about waste/recycling , provide greater bin capacity and to ensure greater efficiency from our cleansing services, Council will be purchasing 2 solar compactor bin stations to be  trialed over the next 12 months. The purchase of the bins has been funded from the 2017/18 Sustainability Levy Budget and will be installed by May 2018.

 

Each bin station will comprise of a waste and recycling station, with each bin comprising of a 240 litre general waste bin and a 240 litre mixed contained recycling bin. The bin is solar powered and is able to compact its contents at a ratio of approximately 5:1.

 

One of the bin stations will be located at Blackman Park adjacent to clubhouse/canteen and the other in Lane Cove Plaza/Library Walk. These two locations often see bins filling to capacity and requiring regular servicing throughout the day.

 

Background

 

Council is continually researching options for alternative waste solutions that increase Council’s environmental performance and work place efficiencies. As part of the 2017/18 Budget  $24,000 was allocated from the Sustainability Levy to conduct a trial of solar powered ‘smart’ compactor bins, as an alternative to the standard public place litter bin.  The BigBelly Solar Compactor manufactured by Solar Bins Australia was selected as the most suitable option for achieving the aims of this project.

 

Discussion

 

The purpose of the Solar Compactor Waste Solution trial is to provide Council with a flexible and cost effective solution to pubic place waste management. This will be achieved by:-

·    Providing Council with an efficient public place waste collection service;

·    Reduced staff resources in repeat servicing;

·    Establishing parameters to determine which public place litter bins need servicing and how often; and

·    Gaining greater clarity in public place waste use habits of the community.

 

The device deemed most suitable to trial this project is the Duo BigBelly Solar Compactor, incorporating garbage and recycling bins (AT-1). The bin station includes a galvanized steel bin enclosure to house the mobile waste bins and a solar powered compaction unit.

The unit also includes sensor technology that initiates the compactor when the waste reaches a pre-determined level, and notifies the waste collector when the bin is ready to be emptied. This information is relayed via an online platform linked to the operator’s computer and mobile phone.

Solar Bins Australia offers additional benefits including:-

·    Technology enabling the unit to be equipped as a WiFi hotspot;

·    Advertising/promotional opportunities on the external panels of the bin enclosure; and

·    A foot pedal which allows the user to deposit their waste/recycling in the hopper unit without touching the bin with their hands.

 

The two (2) locations identified to trial the new waste units are:-

1.   Blackman Park – adjacent to the clubhouse/car park; and

2.   Library Place/Plaza.

 

The locations chosen to install the bin stations are highlighted in the amount and of type of waste being deposited.  Bins at both locations litter bins, receive a significant amount of coffee cups and food wrappers that result in the bins overflowing. Waste of this type is generally very light in nature and readily compacted, and will avoid a situation where waste is stacked without compaction.  It is anticipated the BigBelly Solar Compactor bins will be installed and operational by May 2018.

 

Conclusion

 

It is envisaged that the use of this type of smart bin technology will allow Council to eliminate the occurrence of overflowing litter bins, decrease number of public place bins, and decrease the frequency of the servicing requirements of the existing public place litter bins.  The trial of these bins in the designated hot spots will allow Council to consider the suitability for their use in other areas in the future.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Solar Bins Australia - Bigbelly Wrap Designs and Concepts

1 Page

 

 

 


 

Ordinary Council Meeting 19 March 2018

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:    SU220 - 12303/18

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 February 2018.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot - February 2018

37 Pages