Logo Watermark

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Ordinary Council Meeting

18 March 2019

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.

 

LC_WebBanner


 

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 18 March 2019 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 18 March 2019

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

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

 

Confidential Items

 

1.      Update on the Long Term Lease of 266 Longueville Rd to Design, Construct and Operate a Seniors Living Village.

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing. 

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 18 FEBRUARY 2019

 

Orders Of The Day

 

Notices of Motion

 

3.      Alternative Methods of Delivery for Development Application (DA) Notifications

 

4.      Impounding of Illegally Parked Vehicles

 

Officer Reports for Determination

 

5.      Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich

 

6.      Community Gift Card - Love Where You Shop

 

7.      Model Code of Conduct for Local Councils in NSW

 

8.      Model Code of Meeting Practice

 

9.      Ausgrid Precinct Plan For Vegetation Management Around Powerlines Community Consultation

 

10.    Revised Debt Management and Hardship Policy

 

Officer Reports for Information

 

11.    Plastic Straw Reduction Program

 

12.    Council Snapshot  

 

 

 

 

                    


 

Ordinary Council Meeting 18 March 2019

Alternative Methods of Delivery for Development Application (DA) Notifications

 

 

Subject:          Alternative Methods of Delivery for Development Application (DA) Notifications    

Record No:    SU3474 - 13321/19

Division:         Lane Cove Council

Author(s):       Councillor Scott Bennison 

 

 

 

Due to changes in the delivery times of Australia Post and other factors, some residents are not receiving notification of Development Applications until close to the closing date for objections.

 

To allow residents adequate time to assess and respond to DA applications I propose Council consider implementing alternative methods for the delivery of DA notifications.

 

Alternative methods may include the employment of people or the outsourcing to delivery companies

 

 

RECOMMENDATION

 

That the General Manager investigate and provide a report to Council on alternative delivery methods, including the cost, for the delivery of Development Application notifications to residents in the notification areas determined by Council.

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 18 March 2019

Impounding of Illegally Parked Vehicles

 

 

Subject:          Impounding of Illegally Parked Vehicles    

Record No:    SU3474 - 13377/19

Division:         Lane Cove Council

Author(s):       Councillor Scott Bennison 

 

 

 

Unfortunately, some people choose to park across resident’s driveways blocking access to their premises and proving a risk should a medical emergency occur.  In one case in Lane Cove North a vehicle with QLD number plates blocked a unit block entrance for over a week restricting the block from using the exit driveway for both entry and exit to the property.

 

Pursuant to NSW Road Rule 198 it is illegal to park in a way that partially or completely blocks a driveway unless the driver is stopping briefly to drop off or pick up passengers, and a fine applies. Police and Council rangers can fine the offending drivers if they are available and in the vicinity in time.  Under section 16(5) of the NSW Impounding Act, Council Rangers are able to have motor vehicle towed and impounded, viz: -

 

“(5)    A motor vehicle may be impounded immediately (without following the procedures in this section) if the vehicle is in a public place and the impounding officer is satisfied on reasonable grounds that its immediate removal is justified because it is causing an obstruction to traffic (vehicular or pedestrian) or is likely to be a danger to the public. “

 

The general interpretation of this section is that councils are not able to use this provision for immediate towing of vehicles parked across driveways. In extreme circumstances the police could be called and might be able to remove the vehicle using their emergency powers, however there is a general reluctance to use these powers. However, if a car owner cannot be contacted, as in the above example, then nothing can be done until the driver deicides to remove their vehicle.

 

I would like Council Rangers to have the authority to have vehicles impounded where they are blocking resident’s driveways for more than 24 hours, with protections to avoid abuse of those powers.

 

 

RECOMMENDATION

 

That the General Manager prepare a Motion for the LGNSW Conference with suggested changes to the legislation to allow rangers the authority to have vehicles impounded where they are illegally parked across resident’s driveways preventing access. Such motion to include safeguards to prevent the misuse of these changes.

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 18 March 2019

Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich

 

 

Subject:          Redevelopment of Greenwich Hospital (Concept Proposal), 97-115 River Road, Greenwich    

Record No:    SU7340 - 13400/19

Division:         Environmental Services Division

Author(s):       Michael Mason 

 

 

Executive Summary

 

The Department of Planning has advised that HammondCare have lodged a Concept Development Proposal with the Department for the redevelopment of Greenwich Hospital at the above site, incorporating new health care and allied health facilities, residential aged care and Seniors housing in an integrated care campus.

 

The Minister for Planning is the Consent Authority and written submissions on this State significant proposal will be accepted until 5 April 2019.  (Extended from the original date of 15 March 2019.)

 

The application is for a concept approval which considers only the likely impact of the Concept Proposal.

 

Should approval be granted by the Consent Authority (Minister for Planning) subsequent development applications would be necessary before any works could commence.

 

The owner and applicant is HammondCare, an independent charity.

 

The proposed use of the site other than those identified as a Health Services Facility is prohibited in the zone but would/maybe permitted under the Seniors living State Environmental Planning Policy (SEPP).

 

The Concept Proposal is accompanied by a detailed Environmental Impact Statement prepared by Barker Ryan Stewart Consultants that details the Concept Proposal and includes a range of supportive information and expert consultant reports.

 

This report seeks to provide Council with an understanding of the Concept Development Proposal, relevant issues of concern for inclusion in a submission on this significant development proposal.

 

Background

 

Greenwich Hospital has operated from the site since 1966.  The hospital is run by HammondCare and provides rehabilitation, palliative and supportive care, mental health care for older people, pain management and other vital support services.

 

The Concept Plan identifies HammondCare’s intended services to be provided from the Greenwich site as follows: -

 

·    Health and Hospital Services – including palliative and supportive care, rehabilitation, mental health care for older people, pain management and other vital support services including Hospital at Home.

·    Residential Aged Care including special Dementia care units.

·    Dementia Centre – a partnership funded by Australian Government that provides specialized dementia support nationally to people living with Dementia and their carer’s.

·    Hammond at Home – Home care service to both on and offsite Seniors Living residents.

 

The hospital and aged care components are intended to be flexible in design so that they can adapt to changes in demographic/community needs.

 

The demolition of the majority of the existing buildings and structures on site (excluding Pallister House which will be retained in its current form) is proposed to accommodate the proposed redevelopment of Greenwich Hospital campus.  Demolition would be staged to allow the hospital and associated facilities to continue functioning.

 

Proposal

 

HammondCare has submitted a Development Application for the redevelopment of Greenwich Hospital (Concept Proposal) as a state significant development at 97-115 River Road, Greenwich.

 

The proposed development is for the redevelopment of Greenwich Hospital complex in stages and includes:

 

·    150 place Hospital heal care facility with a mix of inpatient hospital beds, palliative care beds and residential aged care beds;

 

·    Inpatient and outpatient support services and areas necessary to provide a modern, attractive health facility consistent with HammondCare’s high standard of care;

 

·    Seniors living units associated with the hospital style campus model that includes approximately:

 

ס          80 new seniors living units (apartments addressing River Road;

ס          9 new seniors living units (villas) addressing St Vincents Road;

ס          Pallister House would be retained, refurbished and continue to fulfil hospital functions as part of the campus; and

ס          Onsite parking in accordance with code requirements.

 

The proposed hospital building adopts a podium-tower typology that is articulated into three faceted wings.  The form of the building aims to address the site’s topography and reduce the appearance of bulk and scale whilst still achieving optimum organizational layouts for hospital use.  The podium levels provide circulation, servicing, administration and landscaping.

 

The hospital, health facilities and low-rise dementia care precinct would have capacity to accommodate inpatient hospital beds, palliative care beds, residential care beds and outpatient services.

 

The proposed site plan is included below:

 

 

 

 

General Comment/Concerns

 

Zoning

 

The subject site is zoned SP2 Infrastructure in the Lane Cove Local Environmental Plan 2009. Development permitted with consent within the zone include:

 

“The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose;”

 

The purpose shown on the Land Zoning Map is Health Services Facilities.

 

The Seniors housing (apartments) and Seniors Living Units(villas) are a form of residential accommodation that do not form part of Health Services Facilities LEP definition. Health Services Facilities include uses which are ordinarily ancillary to the service such as accommodation for nurses and health care workers and persons receiving health care or their visitors.

 

However, Seniors Housing is permissible within the zone under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. Council’s LEP is subordinate to all State Environmental Planning Policys.

 

The inclusion of Seniors housing (apartments) and Seniors Living Units(villas) would restrict further expansion of Health Services Facilities to meet the needs of the community.

 

The site area is 33763 sqm, with the proposed Gross Floor Area for medical 13,900 sqm, and Seniors Living 14,400 sqm. It is of concern that a site which is primarily designed for medical use will have more residential Gross Floor Area than medical. Given the zoning, it is approproate that at least 75% of the site should be used for the predominate use (medical infrastructure) and the residential use remain ancillary.

 

Even with a smaller scale residential component, it would be more appropriate for the site to be the subject of a Planning Proposal to sub-divide the site to a medical and separate residential parcel to allow consideration of the appropriate residential bulk and scale, density and amenity issues, as this has not occurred. Council when making the LEP 2009 – did not anticipate residential use for this site. The current documents do not allow due consideration of the likely impacts on surrounding and nearby land uses (including for example a lack of dimensions on building sections).

 

Trees

 

There are a total of 235 individual trees located on and adjoining the site. The majority, 131 trees (55.7%) of on-site trees, are proposed to be removed to facilitate the proposal. This is largely due to the scale / footprint of the development proposed. The 2018 Greater Sydney Commission, North District Plan planning priority N19 calls upon State and local authorities to increase urban tree canopy cover and facilitate Green grid connections. The Plan sets a target to increase urban tree canopy cover across Greater Sydney to 40 percent. The proposed development proposes removal of more than half the tree canopy which is inconsistent with the Plan.

 

Affordable Housing

 

While Council does not support the imposition of residential development on the hospital site outside that permitted in the S P Infrastructure zone, it would also advise that the current provisions under the Seniors Housing SEPP that calls for 10% of dwellings to be affordable is insufficient to meet the likely needs of a community.

 

Heritage

 

Notwithstanding the proposal to retain and protect Pallister House, Council is concerned that the prominence of Pallister House should remain in any redevelopment of the site.

 

Greater Sydney – North District Plan

 

Council is concerned that all relevant provisions, directions, and obligations under the Sydney North District Plan be specifically addressed and complied with. 

 

Areas of concern include: -

 

·    Retention of tree canopy

·    Affordable housing

·    Supporting Green Grid

·    Protection of reserve and bushland

·    Remediation of contaminated lands

 

Conclusion

 

The proposed development concept application proposes a significant expansion of not only the existing valued aged and health services of the Greenwich Hospital but also proposes additional land uses that were not anticipated or considered likely under the current S P Infrastructure zoning.

 

That is not to infer such uses should be rejected out of hand.  Council is obliged to consider the likely expected and unexpected impacts of the proposed uses and comment accordingly.  The issues and concerns raised in this report call for the applicant and assessing and determining authority to pause and reflect on these issues before moving further.

 

In principle Council supports the expansion of Greenwich Hospital as a valued Health Care Facility which is seeking to continue to provide a range of aged care services at an increased and upgraded scale.  Council, however, questions the basis upon which the new residential aged care component (80 seniors living apartments and 9 seniors living villas) is proposed and seeks clarification from the applicant to understand how this additional land use compliments the existing hospital without adversely impacting future expansion potential of the hospital, adjoining bushland and residential amenity, the existing tree canopy and relevant directions of the Great Sydney’s North District Plan.

 

Council also seeks to understand the HammondCare model of aged care and affordable residential housing before resolving to support an expansion of the hospital that also has the potential to adversely impact the bushland setting and surrounds of Pallister House.

 

 

RECOMMENDATION

 

That Council: -

 

1.         Request HammondCare hold an information evening to enable the community to more fully understand the proposal to expand the existing Hospital and establish seniors living apartments and villas as campus style development.

 

2.         Lodge a submission to the Department of Planning advising of Council concerns listed in this report and as amended.

 

3.         Representatives of HammondCare be invited to address Council to articulate their aged care and affordable housing model.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 18 March 2019

Community Gift Card - Love Where You Shop

 

 

Subject:          Community Gift Card - Love Where You Shop    

Record No:    SU840 - 13277/19

Division:         General Managers Unit

Author(s):       David Stevens 

 

 

Executive Summary

 

Council has undertaken further research into facilitating a Lane Cove gift card in order to encourage residents and out-of-area visitors to shop in the Lane Cove Village. Council has been in contact with a company called Why Leave Town Promotions (WLT) which specialise in a community gift card program. Council has also sought feedback from other Councils who have used the program in order to gauge the success of the gift card scheme. It is recommended that Council consider the introduction of a Lane Cove Gift Card as a resident pilot program with the  proposed card name of “Love Where You Shop”.

 

Background

 

Council resolved at it’s September, November and December 2018 Ordinary Meeting(s) that:-

 

1.   Council investigate the opportunity and work with local businesses based in Lane Cove to create a “Lane Cove Gift Card” or other suitable incentive scheme to encourage residents and out-of-area visitors to shop in the Lane Cove Village;

2.   A report come back to Council on what interest exists amongst businesses in the Lane Cove Village to participate in such a scheme; and

3.   A report come back to Council on the most appropriate method to operate such a scheme and whom would be most appropriate to oversee its continued operation;

4.   Council contact Cowra Council and Broken Hill City Council to enquire as to the operation of their local gift card schemes and a further report be submitted to Council; and

5.   The commencement of the program be deferred and referred to a Councillor workshop to discuss a marketing strategy, technology, launch plan and other questions submitted by Councillors

 

Councilors were briefed at a Workshop held on the 11 March 2019.

 

Discussion

 

Why Leave Town Promotions (WLT) Gift Card program is an EFTPOS based system aimed at keeping money within local communities by encouraging people to shop locally. Any business that has access to an EFTPOS machine can take part in the program at no cost. Local businesses may choose to be a “load-up” store (maximum of 10), or a redemption only store (maximum 50).  The minimum load amount is $10 up to a maximum of $1000, with an expiry date of three (3) years. Whilst the card may be used multiple times until the loaded amount is exhausted, it may only be loaded once. Council may set its own minimum load amount and is suggested to be $50.

 

Council has secured verbal agreement from WLT on additional card purchase discounts (> 2,000) should the need arise. Further, there is an option to fast track the card manufacturing process and reduce lead time from six (6) to three (3) weeks.

 

 

 

Key Research Findings

·    EFTPOS based.

·    Locally branded (at no cost with prepared artwork).

·    Small business owner participation only.

·    Local small business owner support integral for desired outcome(s).

·    Active marketing strategy critical to success (online via socials, media, shop displays and shelf talkers).

·    Geo-fencing per business owner site creates a “local” currency.

·    Three (3) year expiry.

·    Administration service includes monthly reporting on $ spend (total), $ spend (location) and $ to be redeemed.

·    Businesses may opt out at any time at no charge.

·    Should a business move from the Local Government Area, their point of sale (POS) terminal is de-activated.

·    Any unspent $ at expiry are returned to the commissioning body (Council) minus a fee charged by the card manufacturer (not WLT).

·    7% of monies held on the WLT card program are not redeemed (at card expiry) and is trending lower (an actual $ figure is not available).

 

Costs

 

Fixed

Annual fee

$1,975

Ongoing

Order of 500 cards

$3.50 per card

Order of 1000 cards

$3.00 per card

Processing fee per card order

$86.90

Additional load up stores (above 10)

$100 per store

Additional redemption store (above 50)

$5 per store

Additional Activation Card (2 provided)

$27.50 per card

 

Budget

 

Council has as part of the Rosenthal Project has undertaken a number of initiatives to support local businesses in addition to Council’s normal local economic development activities. The ‘Love Where You Shop’ budget has sufficient funds to establish the program with 1,000 cards and undertake marketing, which is estimated to be a total of $15,000.

 

 

Conclusion

 

Lane Cove would be the first Metropolitan Sydney council to participate in the WLT gift card scheme.  Regional Councils have broadly enjoyed success in keeping the local economy “local” as a consequence of launching their respective gift cards. Lane Cove is uniquely positioned as a small Local Government Area to take advantage of its already strong community spirit and loyalty, to make the Love Where You Shop gift card a success for local business owners and residents alike.

 

 

 

RECOMMENDATION

 

That Council engage Why Leave Town Promotions to manufacture 1,000 locally branded “Love Where You Shop” gift cards for launch prior to Mother’s Day on 12 May 2019.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 18 March 2019

Model Code of Conduct for Local Councils in NSW

 

 

Subject:          Model Code of Conduct for Local Councils in NSW    

Record No:    SU3942 - 11983/19

Division:         Corporate Services Division

Author(s):       Kirsty Beram 

 

 

Executive Summary

 

A new Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code were prescribed by the Local Government (General) Regulation on 14 December 2018.  Council must adopt the new Model Code of Conduct and Procedures by 14 June 2019.  Whilst Council may include supplementary provisions and/or impose more onerous requirements than those prescribed under the Model Code of Conduct, it cannot include provisions that dilute the standards prescribed in the Model Code of Conduct.  It is not proposed to implement any amendments or supplementary provisions at this time.

 

This report recommends that the Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code, as issued by the Office of Local Government, be adopted for the purpose of community consultation and that a further report be received by Council following the consultation period. 

 

Background

 

Council’s current Code of Conduct was adopted in 2013 based on the Model Code issued by the Office of Local Government.  A new Model Code of Conduct for Local Councils in NSW (attached at AT-1) and associated Procedures for the Administration of the Model Code (attached at AT-2) were prescribed by the Local Government (General) Regulation on 14 December 2018. 

 

The new Model Code of Conduct sets out the minimum standards for staff, Councillors, committee members, volunteers and contractors.  Councils may include supplementary provisions in their adopted codes of conduct and may also impose more onerous requirements than those prescribed under the Model Code of Conduct.  However, councils must not dilute the standards prescribed in the Model Code of Conduct.

 

Discussion

 

Council must adopt the new Model Code of Conduct and Procedures within six (6) months of

prescription, that is by 14 June 2019. The existing adopted Code of Conduct and Procedures will remain in force until the adoption of a new Code and Procedures based on the Model prescribed under the Regulation. The new Model Code and Procedures will come into effect from 14 June 2019 or at the date they are adopted by Council (whichever is earlier).

 

Key changes include:-

1.   Incorporation of the pecuniary interest provisions previously contained in the Local Government Act 1993 and Regulation;

2.   New standards relating to discrimination and harassment, bullying, work health and safety, behaviour at meetings, access to information and maintenance of council records;

3.   New rules governing the acceptance of gifts including mandatory reporting;

4.   A new ongoing disclosure requirement for councillors and designated persons requiring disclosure of new interests in returns of interests within three months of becoming aware of them; and

5.   Requirements for Councillors to disclose in their returns of interests whether they are a property developer or a close associate of a property developer.

 

A summary of the major changes to the Code is attached at AT-3.

 

It is not proposed to implement any changes or supplementary provisions to the Model Code of Conduct as circulated by the Office of Local Government.

 

Once adopted training in the Model Code of Conduct will be provided for all staff, Councillors, committee members, volunteers and contractors.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to ascertain the community’s views on the new Model Code of Conduct, specifically if additional supplementary provisions, which do not dilute the standards prescribed in the Model Code of Conduct, may be appropriate.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with Model Code of Conduct in its substantive form or whether to incorporate any amendments or additional supplementary provisions.

 

Method

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community 

Key Message givers e.g. Advisory Committees, Community Groups and Neighbourhood Associations, Volunteer Groups, contractors

Lane Cove Community

Proposed Medium

Advertisement and

eNewsletter

 

Notification Letters

Public Exhibition,

Website Exhibition

Indicative Timing

March to May

 

Conclusion

 

The Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code were prescribed by the Local Government (General) Regulation on 14 December 2018.  A new Code and Procedures based on this Model must be adopted by Council by 14 June 2019.  Whilst Council may include supplementary provisions and/or impose more onerous requirements than those prescribed under the Model Code of Conduct, is not proposed to do this at this time. It is recommended that the Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code be adopted for the purpose of community consultation and that a further report be received by Council following the consultation period. 

 

 

 

 

RECOMMENDATION

 

That:-

1.   Council adopt for the purpose of public exhibition, the Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code which were prescribed by the Local Government (General) Regulation on 14 December 2018;

2.   Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and

3.   Following the exhibition period, the Model Code of Conduct for Local Councils in NSW and associated Procedures for the Administration of the Model Code together with a report on any submissions received, be considered at the Council meeting to be held 20 May 2019.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

2018 Model Code of Conduct

62 Pages

Available Electronically

AT‑2View

2018 Model Code of Conduct - Procedures

54 Pages

Available Electronically

AT‑3View

Summary of Major Changes

1 Page

 

 

 


 

Ordinary Council Meeting 18 March 2019

Model Code of Meeting Practice

 

 

Subject:          Model Code of Meeting Practice    

Record No:    SU837 - 11987/19

Division:         Corporate Services Division

Author(s):       Kirsty Beram 

 

 

Executive Summary

 

A new Model Code of Meeting Practice was prescribed by the Local Government (General) Regulation on 14 December 2018.  Council must adopt a new Code based on the Model within 12 months of the next Ordinary Election, however it is encouraged to do so by June 2019 as any provisions of the existing Code which are inconsistent with the Model Code will become invalid at that time. 

 

The Model Code contains a number of mandatory provisions that Council must incorporate into its Code of Meeting Practice along with a range of other non-mandatory best practice provisions.  Council can also include supplementary provisions provided these are not inconsistent with the mandatory provisions.  

This report recommends that the Draft Code of Meeting Practice dated March 2019, which has been developed with regard to the Model Code, be adopted for the purpose of community consultation and that a further report addressing any submissions received and any proposed amendments to the Draft Code, be received by Council following the consultation period.

 

Background

 

Council’s current Code of Meeting Practice was last reviewed in April 2012.  A new Model Code of Meeting Practice was prescribed by the Local Government (General) Regulation on 14 December 2018. 

 

The new Model Code sets out a number of mandatory provisions that Council must incorporate into its Code of Meeting Practice along with a range of other non-mandatory best practice provisions.  Council can also incorporate supplementary provisions so long as they are not inconsistent with the mandatory provisions.

 

The Code will apply to all meetings of Council and committees of Council where all the members are Councillors.  The Code does not include specific detail on how to declare and manage conflicts of interest, rather it defers to the Code of Conduct for these matters.

 

Discussion

 

Council has 12 months from the next Ordinary Election to adopt a new Code incorporating the mandatory provisions set out in the Model Code.  However, it is recommended that a new Code be adopted by June 2019 as any provisions of the existing Code which are inconsistent with the Model Code will become invalid at that time.

 

The Model Code is largely consistent with Council’s current practice however in general, more prescriptive.  Definitions and procedures are clearer throughout the document and many of the non-mandatory elements, if incorporated will support best practice and provide for greater transparency.

 


 

Key changes include:-

·    Rules of Debate – Amendments

Under the new Model Code any debate on an original motion must be deferred to allow consideration of the amendment (which must be seconded).

The Motion and Amendment cannot be debated concurrently – which is Council’s current practice.

If the amendment is carried it becomes the motion and is then debated on.

If the amendment is lost, debate is resumed on the original motion.

If the amendment is accepted by the mover it can become the motion without debate.

·    Voting

A new optional provision that:

“All voting at council meetings, (including meetings that are closed to the public), must be recorded in the minutes of meetings with the names of councillors who voted for and against each motion or amendment, (including the use of the casting vote), being recorded.”

This is consistent with current practice and through implementation simplifies the voting mechanisms in the Code.

·    Notices of Motion

New optional provisions have been included:-

Permitting the General Manager to prepare a report in relation to notices of motions submitted by Councillors which have ‘legal, strategic, financial or policy implications which should be taken into consideration’; and

Requiring either the identification of funding sources or a General Managers report on the availability of funds required to implement the motion in cases where the motion calls for the expenditure of funds for works/services which have not been budgeted for.

·    Questions with Notice

New provisions have been added allowing Councillors to submit a question for response by the General Manager about the performance or operations of the Council as per the protocols for notices of motion.  This does not allow for questions that comprise complaints against or implies a wrongdoing of the General Manager or a member of staff.

·    Agendas and Minutes

New provisions included in relation to making documents available on the web and in electronic form as close as possible to the time provided to Councillors.  This is consistent with Council’s current practice.


 

·    Pre-Meeting Briefing Sessions

The Code includes new optional provisions around pre-meeting briefing sessions (currently referred to as ‘Councillor workshops’) which clarify:

Workshops are to be held in the absence of the public;

The General Manager or his delegate shall preside over the workshop;

Councillors must not debate or make preliminary decisions at workshops; and

Conflicts of interests must be declared and managed in relation to items of business subject of a workshop in the same way as is done so at Council meetings.

·    Public Forums

A new optional section governing protocols for public forums has been included which sets out:

When they will be held;

How they will be chaired;

Applications to speak;

Protocols around the number and order of speakers, topics that can be spoken to and time limitations; and

The conduct of public speakers.

·    Adoption of Items by Exception

A new provision has been added allowing multiple items of business to be resolved and adopted via a single resolution.

All Items must be listed and resolved to be ‘as recommended in the business paper’;

Any items which Councillors indicate they intent to vote against or that they wish to speak on cannot be included and must be considered individually;

If a single motion requires the order of business be varied, a procedural motion must first be passed; and

Conflicts of interest must continue to be declared and managed accordingly.


 

·    Representations by Members of the Public on Closing Meetings

New provisions setting out how members of the public can make representations  as to whether any part of a meeting should be closed has been added.

Members of the public must apply in advance;

The General Manager may refuse applications; and

Limitations can be put on the number of speakers permitted, the order of speakers and the time limits for speakers.

·    Webcasting

The new Code mandates the webcasting of all meetings by 14 December 2019.  The webcasting requirement may be met by live streaming or posting a video or audio recording of the meeting.  Council currently live streams all Council Meetings and uploads a webcast of the meeting to its website following each meeting.

 

Statement of Intent

 

The consultation is designed to ascertain the community’s views on the new Draft Code of Meeting Practice based on the Model Code prescribed on 14 December 2018.  Any comments received will be reviewed and evaluated to determine whether to incorporate any amendments or additional supplementary provisions.

 

Method

 

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community 

Key Message givers e.g. Advisory Committees, Community Groups and Neighbourhood Associations, Volunteer Groups, contractors

Lane Cove Community

Proposed Medium

Advertisement and

eNewsletter

 

Notification Letters

Public Exhibition,

Website Exhibition

Indicative Timing

March to May

 

Conclusion

 

The Model Code of Meeting Practice was prescribed by the Local Government (General) Regulation on 14 December 2018. It is recommended a new Code based on this Model be adopted by Council by June 2019.  In addition to the mandatory provisions set out in the Model, Council may include non-mandatory best practice provisions set out in the Model Code or supplementary provisions provided they do not conflict with the mandatory provisions of the Model Code. It is recommended that the Draft Code of Meeting Practice dated March 2019 be adopted for the purpose of community consultation and that a further report be received by Council following the consultation period. 

 

 

 

RECOMMENDATION

 

That:-

1.   Council adopt for the purpose of public exhibition, the Draft Code of Meeting Practice based on the Model Code prescribed by the Local Government (General) Regulation on 14 December 2018;

2.   Council undertake community consultation for a period of six (6) weeks as per the consultation strategy outlined in the report; and

3.   Following the exhibition period, the Draft Code of Meeting Practice, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held 20 May 2019.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Draft Code of Meeting Practice - March 2019

53 Pages

 

 

 


 

Ordinary Council Meeting 18 March 2019

Ausgrid Precinct Plan For Vegetation Management Around Powerlines Community Consultation

 

 

Subject:          Ausgrid Precinct Plan For Vegetation Management Around Powerlines Community Consultation    

Record No:    SU7228 - 12721/19

Division:         Open Space and Urban Services Division

Author(s):       Jeff  Culleton 

 

 

Executive Summary

 

At the Ordinary Council meeting of 15 October 2018, the Draft Vegetation Management Around Powerlines Plan was endorsed for community consultation.  The consultation period for the plan closed on 7 December 2018 a after six (6) week public consultation period. The general sentiment of the community submissions was positive and in support of the formal adoption of the plan.

 

A total of 15 submissions were received. Ten (10) submissions containing comments to consider incorporating into the plan and five (5) submissions being requests to be kept informed of the plans progress.

 

The plan has now been updated and is ready to be submitted to Ausgrid for their final approval.

 

Background

 

Following expressions of community concern with tree trimming around powerlines, Council has been working with Ausgrid to develop a Vegetation Management Plan for the Local Government Area that ensures better communication of local factors and requirements before trimming programs are implemented. The plan proposes a range of solutions aligned with local community needs and priorities, including the use of Aerial Bundle Cabling (ABC) to reduce the number of above ground powerlines and their impact on local vegetation.

 

Discussion

 

At its 15 October 2018 Council meeting, Council approved the Draft Vegetation Management Plan for the purpose of community consultation. The plan was subsequently put on community consultation as per Council’s consultation policy.

 

The consultation period ran from 26 October 2018 to 7 December 2018. During the consultation period 15 submissions were received. Ten (10) that provided recommendations that to be added to the plan and five (5) being requests to be kept informed of the plans progress. Of the ten (10) submissions requesting additions to the plan the following have now been included:-

·    The vegetation of bushland trees to be included in the plan.

·    Minimum standards of certification and qualification of arborists and horticulturists carrying out pruning work under powerlines to be outlined in the plan.

·    Wildlife inspection of trees to be carried out by a qualified expert, before pruning works commence.

·    Include the criteria of prioritisation for ABC street recommendations.

·    Inclusion of Karilla Avenue to be recommended for ABC.

·    Include feasibility and viability of underground cabling.

·    Ensure tree replacement agreement is incorporated in the plan for the removal of trees.                                     

 

Conclusion

 

It is recommended that Council adopts this final version of the Vegetation Management Plan so that it can be forwarded to Ausgrid for final approval.

 

 

RECOMMENDATION

That:-

1.   The report be received and noted; and

2.   Council adopt the amended Draft Local Government Area Plan – Vegetation Management Around Powerlines Lane Cove Council 2018 and submit to Ausgrid for final approval.

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

DRAFT Vegetation Management Around Powerlines Local Government Area Plan

17 Pages

 

 

 


 

Ordinary Council Meeting 18 March 2019

Revised Debt Management and Hardship Policy

 

 

Subject:          Revised Debt Management and Hardship Policy    

Record No:    SU1851 - 12697/19

Division:         Corporate Services Division

Author(s):       Geoff Banting 

 

 

Executive Summary

 

In 2017 Council adopted a Governance Framework including a review of policies requiring a resolution of Council.  As part of this process, Council on 17 July 2017 adopted a Financial Hardship Policy.

 

In November 2018, the Office of Local Government published Circular 39/18, the Debt Management and Hardship Guidelines (attached at AT-1).

 

The Guidelines set out information that Councils must take into account when developing and implementing Debt Management and Hardship policies and they promote best practice communication, hardship assessment, mediation and dispute resolution.  This report is provided to recommend minor changes to the existing policy, relating to mediation and hardship definitions, having regard to the new Guidelines. 

 

Discussion.

 

Council currently provides contemporary and flexible customer friendly methods of payment for Rates, including BPay and other e-services as well as options to pay in person at Council or the Commonwealth Bank and over the phone via Securepay.  At present, nearly 80% of ratepayers utilize BPay and of that approximately 20% of customers have initiated weekly, fortnightly or monthly direct debits for bill smoothing purposes.

 

In terms of dealing with late payments, each quarter overdue notices are sent with the majority being resolved in the first instance or payment arrangements being entered into avoiding the very rare letter of demand or liquidated claim.  Council Policy is that no legal action is commenced against pensioners, with alternative arrangements normally entered into.

 

As at 30 June 2018 Councils outstanding rates and annual charges percentage was 1.45%, well below the industry benchmark of 5%.   The last formal claim for hardship was 2008.

 

The new Guidelines promote mediation as an efficient and flexible resolution process:

 

Mediation or informal dispute resolution is a key option to support councils to reach a payment arrangement with a ratepayer and many councils report high success rates using this.   This should occur before legal action is commenced.”

 

Options for mediation include Community Justice Centres which provide free mediation that can assist with disputes including debts.

 

The new Guidelines also expanded the definition of hardship:

 

“Hardship is difficulty in paying debts when payment is due.   Any person who cannot pay their rates or charges due to hardship can apply to Council for assistance at anytime.  Ratepayers should be encouraged to seek further assistance from the Council as soon as practical.

           

            Short term hardship can arise from a temporary change in circumstances:

 

·    Loss or change in income

·    Illness

·    Loss arising from an accident

·    Natural disaster or emergency situation

·    Death in the family

·    Separation, divorce or other family crisis

·    Family violence and / or

·    Some other temporary financial difficulty due to loss of income or increase in essential expenditure”

 

Conclusion

 

Following the release of the Debt Management and Hardship Guidelines in November 2018, Council is required to consider amending its existing policy.  Therefore, as the Guidelines seek to ensure best practice debt management and hardship practices as a well as fairness and equity in the process, minor changes to the Policy are supported.   Given the changes are considered minor, it is not proposed to consult the community in this situation.   An Updated Debt Management and Hardship Policy is attached at AT-2, with changes shown in bold italics.

 

 

 

RECOMMENDATION

 

That Council:

 

1.         Receive and note the report; and

 

2.         Adopt the updated Debt Management and Hardship Policy at AT-2.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Council Circular 39/18 Debt Management and Hardship  Guidelines

54 Pages

 

AT‑2View

Policy-CS-04 Financial Hardship

6 Pages

 

 

  


 

Ordinary Council Meeting 18 March 2019

Plastic Straw Reduction Program

 

 

Subject:          Plastic Straw Reduction Program    

Record No:    SU6943 - 11474/19

Division:         Environmental Services Division

Author(s):       Fiona McCleary 

 

 

Executive Summary

At the Ordinary Meeting of 17 September 2018 Council resolved to develop a plastic straw reduction program to assist local businesses in reducing the use of single use plastic straws.

The program was implemented in November and December 2018. Environmentally friendly straws were purchased via the Love Where You Live campaign to the value of $1,000. These straws were provided to food outlets and accompanied with an awareness and education campaign to encourage food outlets to phase out single use plastic straws.

As a result of the trial, 46% of businesses ceased using single-use plastic straws.

Background

Council at its meeting on 15 September 2018 resolved: -

A further report outlining the findings and results of the straw reduction program be presented to Council for the March 2019 meeting.

The straw reduction program began with a survey exploring the straw usage patterns in local food businesses. The total number of food businesses in Lane Cove LGA is one hundred and forty-two (142). Thirty-six (36) businesses do not use straws, including day cares and grocery stores. Furthermore, three (3) venues did not wish to participate in the trial, leaving one hundred and three (103) businesses applicable for the eco-straw trial.

During the survey, each business was provided with trial samples of eco-straws which were most appropriate for their needs.

The eco-straws were chosen as environmental friendly alternatives to plastic straws due to their recyclable, reusable or bio-degradable properties. The straws provided in the eco-straw trial were:-

·    Paper straws;

·    Wheat straws;

·    Metal straws; and

·    Silicone straws.

Discussion

A Post Eco-Straw Trial Survey was conducted to assess the effectiveness of the campaign in assisting food outlets transition from single-use plastic straws.

Twenty-six (26) participating food outlets completed the post-trial survey. Of these businesses:

·    46% ceased using plastic straws and are now providing eco-straws

·    38% are still using single-use plastic straws

·    11% already stocked eco-straws

·    3% are not offering straws

Overall, the Plastic Straw Reduction Program was well received, with comments from business owners including:

I think it’s great that the local council is showing great interest in this area and assisting local business in the area to make the swap!

and

Well done to the council, great trial.

Where businesses did not transition to eco-straws the main concerns prohibiting the change were:

·    The price of eco-straws in comparison to plastic straws;

·    Concerns over the cleanliness of reusable straws; and

·    Concerns over straws disintegrating in smoothies and slushie-style drinks.

To further support the transition, all food outlets have been provided with:-

·    A Say No to Straws poster to display in their business (AT-1) and;

·    An Eco-Straw Catalogue which provided an independent summary of different eco-straw options, suppliers and a cost comparison (AT-2)

Conclusion

Council responded to growing community concern over single-use plastics and effectively engaged local food outlets, with the aim of aligning their practices with community expectations. The program assisted local businesses with the transition to eco-straws by providing a free trial of the straws available as well as a catalogue detailing all the information needed for the transition.

The Say No to Straws poster connected environmentally concerned customers to businesses that are improving their environmental performance by transitioning away from plastic straws. 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Say No To Straws Poster

1 Page

 

AT‑2View

Eco-Straw Catalogue

8 Pages

 

 

 


 

Ordinary Council Meeting 18 March 2019

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:    SU220 - 12498/19

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 2019.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot February 2019

44 Pages