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Agenda

Ordinary Council Meeting

17 June 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.

 

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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 17 June 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. To speak at a public forum you must register your details with Council by 5:00pm on the day of the Council meeting at which you will be speaking.  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 (02) 9911 3550.

 

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 17 June 2019

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 - 20 MAY 2019

 

Mayoral Minutes

 

2.       Queens Birthday 2019 Honours List

 

3.       Accessibility of State Election polling centres

 

Orders Of The Day

 

Notices of Motion

 

4.       Notice of Motion - Weed Management and Use of Glyphosate  

 

Officer Reports for Determination

 

5.       Results of the Consultation for the 2019-21 Draft Delivery Program, 2019/20 Draft Operational Plan, 2019/20 Draft Budget and 2019/20 Draft Fees and Charges 

 

6.       Single-Use Plastic Bag Reduction Program

 

7.       Shared Service Arrangements - Hunters Hill Council

 

8.       Draft Community Land Plan of Management

 

9.       May 2019 Traffic Committee Meeting

 

10.     Paving Adjacent to Properties on Rosenthal & Birdwood Lane

 

11.     Information and Privacy Commission (IPC) Revised Guideline 1 - Disclosures by Councillors and Designated Persons Return

 

12.     Greenwich Library Opening Hours

 

Officer Reports for Information

 

13.     Council Snapshot May 2019  

 

 

          


 

Ordinary Council Meeting 17 June 2019

Queens Birthday 2019 Honours List

 

 

Subject:          Queens Birthday 2019 Honours List    

Record No:    SU18 - 31960/19

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

Executive Summary

                                                              

I am very pleased to inform you that five (5) Lane Cove residents were recognized in the 2019 Queens Birthday honours list for outstanding achievements and service to the community.

 

We are very proud to have these dedicated and talented Australians as members of the Lane Cove community.

 

I would like to read to you the names of the citizens, and on behalf of Council, congratulate them on their excellent contributions to Australian society.

·      Nicholas Richard Cowdery - For distinguished service to the law, to the protection of human rights, to professional legal bodies, and to the community.

·      Peter William Cousens - For significant service to the performing arts, and to the community.

·      Adrienne Margaret Cahalan - For service to sailing. Ms Cahalan has spoken at Council’s International Women’s Day Forum

·      Doreen Helen Todd - For service to women.

·      Gail Marie Le Bransky - For outstanding public service in the delivery of transport services in New South Wales. Ms Le Bransky prepared Council’s first Disability Discrimination Act, Action Plan.

 

On behalf of Council, I congratulate all these award winners on their outstanding achievements.

 

 

RECOMMENDATION

That:-

1.       Council acknowledge the outstanding contribution to the community made by these recipients of 2019 Queens Birthday Honours; and

2.       The Mayor write to the recipients on behalf of Council to congratulate them on receiving their award, including a copy of this Mayoral Minute.

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 June 2019

Accessibility of State Election polling centres

 

 

Subject:          Accessibility of State Election polling centres    

Record No:    SU5300 - 31502/19

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

Executive Summary

                                                              

Council actively promotes accessibility and inclusion for all people in the community. 

 

Council already raises awareness of these issues with local businesses.  It would be beneficial to extend this awareness to all government agencies operating in the Local Government Area, such as the NSW Electoral Commission.

 

Background

 

I received several complaints from the community concerning the difficult access to the pre-poll booth in Lane Cove for the recent State Election.

 

The pre-polling was conducted at 9 Birdwood Ave.

 

Complaints included:-

·    Access via the footpath was uneven due to construction works in the immediate vicinity;

·    The entry to the ramp was in front of the next-door property;

·    There was no parking available near the site; and

·    People had trouble getting to the site due to the steep descent and then ascent when leaving.

 

Regarding polling centres on election day itself, I note that Meeting House was not listed as accessible on the NSW Electoral Commission website.  However, I believe this location is indeed fully accessible.  Therefore, the incorrect designation may have caused people to travel further than necessary to vote.

 

A review of the accessibility designations of polling booths in the LGA may assist our residents in the future.

 

RECOMMENDATION

 

That Council write to the NSW Electoral Commission regarding the location of polling booths and the pre-poll centers in Lane Cove to highlight its concerns about accessibility.

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

         


 

Ordinary Council Meeting 17 June 2019

Notice of Motion - Weed Management and Use of Glyphosate

 

 

Subject:          Notice of Motion - Weed Management and Use of Glyphosate     

Record No:    SU4954 - 31328/19

Division:         Lane Cove Council

Author(s):      Councillor Andrew Zbik; Councillor Daniel Strassberg; Councillor Francis Vissel 

 

 

 

Glyphosate is a chemical that is used in weed management control in many off the shelf product’s, most commonly known for the product called “Roundup”

 

Councils current practice restricts the usage of Glyphosate and its usage.


The global concerns over this chemical has seen that the World Health Organisation classify Glyphosate as "probably carcinogenic". France and the Netherlands have already banned the use of Glyphosate. Vietnam is banning the importation and there are strong restrictions in Canada and many south American countries.

 

A landmark US $298 million-dollar damages win in the USA has again raised concerns around the usage of Glyphosate.


For example: There are many alternatives to the Glyphosate including a Pelargonic acid (organic weedkiller) known by its product name “Slasher”. Slasher performs the same task as Glyphosate however it is an organic herbicide. It has been tested to rapidly kill weeds, moss, algae and lichen. When sprayed over plants it destroys the outer leaf cells causing plants to desiccate, wilt and die.

 

 

RECOMMENDATION

That a report to be prepared for the August Ordinary Council Meeting outlining:-

1.   Any alternatives that have been considered to replace the use of chemicals containing glyphosate;

2.   A review of Council’s current public notification procedures before chemicals containing glyphosate are used;

3.   Advice to Council on alternative chemicals / practices that can be used to permanently replace the use of chemicals containing glyphosate; and

4.   Feedback from Fairfield City Council, Georges River Council and any other Council as deemed in relation to how they have phased out and stopped using chemicals that contain Glyphosate.

 

 

 

 

 

Councillor Andrew Zbik

Councillor

 

 

 

Councillor Daniel Strassberg

Councillor

 

 

 

Councillor Francis Vissel

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


 

Ordinary Council Meeting 17 June 2019

Results of the Consultation for the 2019-21 Draft Delivery Program, 2019/20 Draft Operational Plan, 2019/20 Draft Budget and 2019/20 Draft Fees and Charges 

 

 

Subject:          Results of the Consultation for the 2019-21 Draft Delivery Program, 2019/20 Draft Operational Plan, 2019/20 Draft Budget and 2019/20 Draft Fees and Charges      

Record No:    SU6612 - 30399/19

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

This report outlines the results of the consultation process for Council’s proposed activities outlined in the 2019-21 Draft Delivery Program and Draft 2019-20 Operational Plan, Draft Budget and Fees and Charges, which are recommended for adoption, subject to some minor amendments.  Additionally, this report presents for consideration of Council an update of the Long Term Financial Plan.

 

Background

 

Council at its meeting of 15 April 2019 considered a report on the 2019/20 Draft Budget and Fees and Charges and the 2019-21 Draft Delivery Program and Operational Plan and resolved to adopt the Draft Plans for the purpose of public exhibition.  

 

Discussion

 

Community consultation on the Draft Plans was undertaken from 18 April 2019 to 7 June 2019 and included:-

·    An advertisement in the North Shore Times on 18 April 2019

·    Public exhibitions at the Civic Centre, Lane Cove Library and Greenwich Library;

·    An online exhibition;

·    An eNewsletter sent to approximately 6,000 recipients;

·    Promotion on social media;

·    Featuring in Council’s April 2019 Quarterly Newsletter;

·    Notifications to Council Advisory Committees; and

·    A community survey.

 

As a result, four (4) people completed Council’s survey on these Draft Plans.  The survey sought comments and/or satisfaction levels on the following documents:-

·    Draft Delivery Program 2019-21 incorporating the Operational Plan 2019/20;

·    Draft Budget 2019/20; and

·    Draft Fees and Charges 2019/20.

 

It is pleasing to note that primarily feedback was positive and constructive in respect of the plans.  Some key observations and comments raised in relation to the survey are as follows:-

·    100% of respondents indicated that they had read the plans on exhibition.

·    Two (2) of respondents were either very satisfied or satisfied with the Draft Delivery Program and Operational Plan.  A further respondent was neutral.  There were four (4) responses to this question and three (3) comments were offered to support or offer context to these responses.

·    Three (3) respondents were either very satisfied or satisfied with the Draft Budget, with a further respondent remaining neutral.  There was one (1) comment offered to offer context in relation to this question; and

·    All three (3) respondents to this question indicated they were satisfied with the Draft Fees and Charges with no supporting comments offered.

 

In addition to the survey responses, one (1) written submission was received.

 

The limited response is considered to be reflective of the high level of community satisfaction with the priorities, direction and actions of the Council during the current term.

 

Delivery Program and Operational Plan Comments

 

Three (3) survey comments were received in relation to the Draft Delivery Program and Operational Plan. 

·    One (1) suggested the plan is ‘very passive’ and would be more effective if the strategies listed were ‘SMART’ (i.e. specific, measurable, achievable, relevant and timely).  The respondent has suggested Council aim for less but deliver more and focus the plan, and Council’s communications with the community, more specifically on what is going to be delivered. 

Council Comment:

Council’s Delivery Program and Operational Plan is designed to reflect not only the key projects Council will undertake during the period but also the ongoing programs / services provided on a day to day basis in the pursuit of the strategies and goals set out in the Community Strategic Plan.  These types of actions are identified in the Operational Plan.  It is acknowledged that many of these types of actions are less definitive and more open ended in how and when they will be achieved.

It is also noted that given the nature of some proposed actions, they require a more long-term staged approach.  For instance, an opportunity / potential action may be included in the plan for investigation one year, and subject to the findings of that investigation, may be budgeted for and included for implementation the following year. Or an alternative option may be pursued.

Council’s quarterly review offers a mechanism by which Council communicates back to the community on the status of implementing each action (whether it be a specific project or ongoing program/service), providing ongoing feedback to the community.  Additionally, Council’s quarterly newsletter, website and new Facebook platform offer opportunities to continue to improve the communication of our achievements back to the community as suggested.

·    The respondent was however pleased with a number of initiatives in the plan including pursuing more safe bike routes, investigating recycling opportunities, holiday programs for teens, though encouraged council to pursue a container deposit station in the area.


 

Council Comment:

Council is still actively pursuing the implementation of a container deposit station within the local area.  The Market Square car park has been considered as an option, however logistical constraints with the site have required Council look to other alternatives including in Lane Cove West.

In regards to safe bike routes, consultation will commence shortly on the Lane Cove 2019 Bike Plan.

·    One (1) supported the inclusion of the action in relation to the management of stormwater to reduce its impacts on waterways and bushland areas (Strategy 16.2), identifying that this is vital considering the increase in population in the St Leonards area.

·    One (1) considered the Draft plan to be ‘very thorough and forward-looking’.

Additionally, the written submission received by Council raised the following points:-

Submission Comment

Council Response

2.3 – Implement and support programs to meet child care needs

An enquiry was raised as to what research Council has done in relation to this strategy and the need for further child care in Lane Cove?

The following was noted:-

·    Research by the Australian Childcare Alliance dated 2017 claiming the number of child care places already approved and in the planning process for the area exceed the projected demand for these services and argues that an oversupply could lead to instability for businesses.

·    Anecdotal evidence from families in the are indicates more care is need for 0-2 age group and after school care and that Council should be looking at ways of expanding these service categories.

Council has concentrated its efforts on supplying more 0-2 places in Lane Cove in its own centres– with both the child care centre in Stokes Street and the new centre in Waterview Drive having a prescribed number of 0-2 places.

Council has very limited ability to influence the number and placement of Child Care facilities or oversupply since the introduction of the Education and Child Care Sepp in 2017.  The objective of the SEPP is to make it easier for developers and child care providers to develop new child care facilities.

Council has been lobbying for the extension/increase in before and after school places with NSW Ministers for many years. 

One of the key election promises of the NSW Government was that by 2021 parents will have access to quality and affordable before and after school care.

2.4 – Continue to develop the Lane Cove Library as a community hub and key player in reducing social isolation

It was suggested that the Lane Cove Library hours should be extended 7 days a week from 9am to 9pm

Council has resolved to reconsider the opening hours of the Library after The Canopy has been completed.

2.7 – Support programs to encourage active living in over 55’s

A ‘Walking Netball League’ for over 50’s was suggested

This suggestion to increase opportunities for older people to be active has been noted and will be investigated further by Council staff.

3.3 Promote the available of community facilities in Lane Cove including Council venues for hire

It was noted that:-

·    Users of facilities have reported Council is hard to deal with and inflexible

·    No leeway for bumping in and bumping out for events

·    There are complaints in relation to the Terrace function room including the positioning of the stage and projector and limited number of microphones

Council has recently implemented a new online venue booking system which aims to improve access to venues and simplify the booking process.  The use of an online system can limit the customisation of venue bookings however Council has recently introduced a Customer Service Facilities officer to assist the community and better manage facility bookings.

In regards to the Terrace function room, it is acknowledged that as a multi-function space there is limitations in regards to the suitability of the set up for users. 

Similar to most venues, the bump in and bump out time is included as part of the booking period.  This provides the most flexibility to users as the amount of time required for this depends on the type of function and thus needs to be considered and determined by individual hirers.

Community Safety

6.1 – Attend Community Policing Meetings

6.2 - …encourage a safe, vibrant community including initiaves for Open Space

 

It was suggested that Council should be taking a more active role in relation to crime prevention in Lane Cove.  Specifically, via the reinstatement of Neighbour Watch and safe house programmes and through encouraging residents to have better lighting and working together to report crime.

 

The Council is to receive a briefing from the Local Area Command on crime data in the Local Government Area.  This will allow Council to consider the need for specific strategies.  Council already has a number of activities in line with its objectives and responsibilities in relation to crime prevention.

Council regularly communicates with vulnerable residents in relation to safety issues and scams affecting our community and has arranged to meet with area community safety officers to identify additional ways to communicate safety messages to the wider community, which can include how to make your home safer and protect your property.

As a separate action in the Delivery Program Council has recognised the importance of developments that consider ‘Safety by Design’, interaction, shared spaces, mobility, inviting lighting and accessibility through ‘Crime Prevention Through Design Guidelines’ to further enhance safety features of the built environment. 

The ‘Safe Houses Program’ was replaced in NSW by the ‘Safe People, Safe Places’ education program primarily due to concerns that the signs could be duplicated and possibly used for sinister purposes.  Council officers will follow up further on this program including ways Council may be able to promote it within the community.

The Neighbourhood Watch program is a community program, run by dedicated volunteer members of the local community. Groups are resourced through fund-raising, sponsorships and grants.  They are supported by the NSW Police Force who can provide information and supporting materials to groups. Similarly, Council would be supportive of any community initiatives in this area however, it is widely recognised that to be successful these groups should be established and lead by the community.

10.1 Promote events that encourage less vehicle usage including Walk to Work Day.

It was suggested that Lane Cove should have a ‘car free Sunday’ and that Council should work with the Sustainability Action Group to implement this.

Suggestion has been noted.  Logistical viability and support for this would require preliminary assessment.

10.3 Continue to lobby for enhanced bus services

Enquiries as to the extent of current lobbying and surveys undertaken was raised – particularly for routes servicing Riverview and Lane Cove West.

 

Council continues to lobby Transport for NSW (TfNSW) for additional bus services throughout Lane Cove. At a recent meeting TfNSW stated that they have introduced an additional 1000 weekly services in the last three years. Council raised the issue of increasing the bus services to the peninsulas and TfNSW stated that there are no plans to increase them at this stage. TfNSW mentioned that the on-demand bus, Keoride, services Riverview and Lane Cove residents west of Longueville Road.

The omission of traffic and pedestrian improvements to the pedestrian crossing on Longueville Road at the Plaza, and the status of investigations in relation to this area, was queried

Council investigated the installation of pedestrian activated lights at the plaza crossing in 2018. The pedestrian and traffic counts at this location indicated that the pedestrian volume was sufficient however, the traffic volume was insufficient to meet the RMS requirements for a pedestrian activated crossing.

13.3 Investigate potential sites for a container deposit location in the Local Government Area

Drop off points allow for a business to collect and manage the collection of containers.  It can provide opportunities for the business in regards to increased patronage for instance.  However, it also requires the business to physically store and manage collection of containers. 

There was previously drop off locations in the LGA, but these are no longer in operation.  Council would support the intiatives of businesses wishing to pursue this however.

Council continues to assess viability of sites. To date, approximately 10 sites have been considered but deemed unsuitable by the operator.

21.2 Invite Expression of Interest for mobile coffee vendors throughout Lane Cove

It was suggested that local businesses should be first invited to provide these services.

Suggestion is noted.  Council officers will ensure local businesses are made aware of the  opportunity to express there interest relation to the provision of these services.

25.2 Ongoing enhancement of Council’s website to ensure it remains the primary communication hub for the community

Concerns were raised in relation to the ease of navigation of Council’s website

It was suggested that the website should allow for the online payment of all fees and charges and the completion of online forms

It is acknowledged that given the wide range of information located on Council’s website, navigation of Council’s website can be challenging.  Council has endeavoured to simplify the layout of its website and ensure that the look and feel is consistent with that of neighbouring Council’s.

Council is currently working on a rolling out online interactive forms incorporating online payments (a further action in section 25.2 of the Delivery Program). Parking permit applications will be the first launched followed by the systematic release of further forms. 

23.1 Ensure council resolutions are implemented effectively and in a timely manner

Concerns were raised that the ability to track the status of resolutions was limited and it was suggested that there should be a consolidated publicly accessible register that lists and provides status updates for all Council resolutions.

Whilst it is acknowledged that there is no central repository listing resolutions of Council and providing status updates it is noted:

·    Any resolutions in respect of delivery program actions are reported regularly in council’s quarterly review.

·    Regular status updates in relation to resolutions associated with community consultation items are published to the relevant consultation page/s (including post consultation updates)

·    Council’s snapshot provides a wealth of information updating the community on the current status of Council’s activities.

·    The demand for such detail in a consolidated register has been minimal and currently does not justify the resources required to maintain it given the availability of material of interest to the community elsewhere.

It is further noted that Council has internal measures to manage and track the implementation of Council resolutions including the generation of action sheets and workflows through the electronic document management system, regular auditing and reporting to the Executive Team.

Concerns were raised in relation to how petitions are actioned by council

Council has a guide to petitions (attached at AT-5) which details how Council receives, actions and responds to petitions.

It was suggested that Delivery Program should have a greater emphasis on activating business precincts outside of the Lane Cove Village by hosting events in the shopping areas of the satellite suburbs.

Council is mindful of the logistical issues and impact on neighbouring residents associated with event management in these locations, which include traffic, parking, security and amenity issues.  Particularly as these areas are not designed to accommodate this sort of activity.  These are evidenced during particular events such as the Festival by the River and New Years Eve celebrations. 

The submission enquired as to what Council was doing to assist families and provide family friendly activities in Lane Cove.

In addition to the improvement of playgrounds and parks Council continues to work to provide an inclusive environment that benefits all members of the community. 

For example the Library and Council festivals programs and Plaza activities cater to the interests of families.  Council provides Synergy Youth Centre that includes School and Holiday programs. There are opportunities for families to join various sporting codes and clubs, Girl Guides and Scouts, gymnastics, attend the Baby Health Centre and children’s activities at Centrehouse + Creative Arts Centre. The Lane Cove Aquatic Centre provides for variety of family based activities. 

 

Draft Budget

 

Submission Comments

 

One (1) comment was received in relation to Council’s Draft Budget, indicating support for the Stormwater Management Charge to help fund larger capacity pipes required to address the flooding.  The respondent urged Council to address this as a matter of urgency and additionally to seek Federal funding if required.

 

Council Comment

 

A flood study of Council’s network has recently determined that 543,000m2 of land is subject to flooding during a 1 in 20 year storm. The Stormwater Management Charge will raise $301,437 in 2019/20, an additional 25% over the existing Capital budget of $1.1million.  100% of the money raised will be used to address the flooding identified in the flood study.  The charge will reduce the implementation of larger capacity pipes required to resolve flooding issues from 24 to 18 years.

 

Paving Adjacent to Properties on Rosenthal and Birdwood Lanes

 

A separate report recommending that Council proceed with the re-paving of private and public domain along Rosenthal and Birdwood Lanes at Council’s cost (approx. $1,000,000) and that funding of the works be allocated from the 2019/20 budget is to be considered at the 17 June 2019 Council meeting. 

 

If supported, the 2019/20 Draft Budget would need to be amended to reflect the funding being provided from Council’s roads allocation.  As the allocation is a movement between infrastructure capital expenditure there is no adjustment necessary to the Operating Result, the Cash Position or the Long-Term Financial Plan.

 

Fees and Charges

 

No submissions were received in relation to the Draft Fees and Charges.

 

Update of the Long-Term Financial Plan

 

The Long-Term Financial Plan is reviewed each year having regard to the previous Financial Statements (2017/18) and the proposed Estimates. The Plan is a dynamic document which has been updated to cover the period 2019 – 2029 (AT-4). It includes consideration of sustainability, service provision levels and the creation, upgrading and renewal of infrastructure. The Long-Term Financial Plan highlights that Lane Cove Council continues to meet all industry benchmarks over the ten year period.

Conclusion

 

It is considered that the minimal response during the public exhibition period reflects general community support for Councils proposed activities, Budget and Fees and Charges for 2019/20. It is therefore recommended that Council adopt the documents and 2019/20 Rates, Fees and Charges and Domestic Waste Charges as proposed.

 

 

RECOMMENDATION

That:-

1.   Subject to Council supporting the re-paving of private and public domain along Rosenthal and Birdwood Lanes, the 2019/20 Draft Budget be adjusted to include the paving adjacent to properties on Rosenthal and Birdwood Lanes at an estimated cost of $1,000,000 funded from roadwork Capital Expenditure.

2.   The Draft Delivery Program 2019-21, incorporating the Draft 2019-20 Operational Plan shown attached as AT-1, Draft Budget 2019/20 shown attached as AT-2 (and subject to the above amendments, if required), Draft Fees and Charges 2019/20 shown attached as AT-3 and updated Long Term Financial Plan 2019-29 shown attached as AT-4, be adopted.

3.   Council fix the Ordinary Rates and Charges for 2019/20 as:-

a)    Ordinary Rates

(i)      An Ordinary Residential Rate of 0.119701 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $890, to yield $19,259,798.

(ii)     An Ordinary Business Rate of 0.652309 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $910 to yield $5,562,584.

(iii)     Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the meet’s and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.205045 cents in the dollar be made for 2019/20 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $168,981.

b)    Domestic Waste Management Charges

(i)    In accordance with S.496 of the Local Government Act 1993, that an annual charge of $445.00 per annum be made for the year 2019/20 for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   In accordance with S.496 of the Local Government Act 1993, that an annual charge of $120.00 per annum be made for the year 2019/20, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.50 per service be made for the year 2019/20, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.60 per service be made for the year 2019/20, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

(v)   In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.60 per service be made for the year 2019/20, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable properties;

(vi)  In accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $8.60 per service be made for the year 2019/20, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) In accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $5.00 per fortnightly service be made for the year 2019/20 for each extra recycling service to single residential dwellings.

c)    Stormwater Management Service Charge

In accordance with clauses 125A and 125AA of the Local Government (General) Regulation 2005 and Section 496A of the Local Government Act 1993, annual charges for the year 2019/20 for Stormwater Management Services be made and levied as follows:

- All parcels of vacant land                                    - Nil $ charge

- All Residential Strata Units                                  - $12.50 per unit

- All Residential Non Strata Properties                  - $25.00 per property

- All Business Strata Units and Properties             - $25.00 per unit or property

d)    Interest on Overdue Rates and Charges

       In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2019 to 30 June 2020 to all outstanding rates and charges be calculated at the maximum interest rate currently 7.5% as specified by the Minister for Local Government.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

2019-21 Draft Delivery Program incorporating the Draft 2019/20 Operational Plan

110 Pages

Available Electronically

AT‑2View

2019/20 Draft Budget

179 Pages

Available Electronically

AT‑3View

2019/20 Draft Fees and Charges

21 Pages

Available Electronically

AT‑4View

2019 Update of the Long Term Financial Plan

29 Pages

Available Electronically

AT‑5View

Guide to Petitions

2 Pages

 

 

 


 

Ordinary Council Meeting 17 June 2019

Single-Use Plastic Bag Reduction Program

 

 

Subject:          Single-Use Plastic Bag Reduction Program    

Record No:    SU7238 - 29142/19

Division:         Environmental Services Division

Author(s):      Fiona McCleary 

 

 

Executive Summary

 

Council has supported a series of plastic avoidance programs, including the Single-Use Plastic Straw Reduction Program, Bagshare, Boomerang Bags and Responsible Café’s for many years. To build on this momentum, and in response to community concerns, Council has identified further opportunities to lead the promotion of the reduction of single-use plastics in our community.

 

Council can provide support to businesses and encourage the use of more environmentally friendly alternatives to single-use plastic bags. It is proposed that a Single-Use Plastic Bag Reduction Program be implemented to help businesses transition from unsustainable, disposable bags to reusable and durable alternatives.

 

The program involves surveying the 153 food outlets in the Local Government Area to determine the types of bags currently used by these businesses. From the survey results a selection of strategies will be developed to reduce their use.

 

Background

 

For the purpose of clarifying, the term single-use plastics are disposable plastics that are commonly used for plastic packaging and include items intended to be used only once before they are thrown away or recycled. 

 

Across Australia each year up to 6 billion plastic bags are used, which equates to more than 15 million bags per day (Clean Up Australia). The major issue with this behaviour is that each bag is used on average for only 12 minutes at a time. This leads to millions of plastic bags ending up as litter and entering our rivers and oceans, causing a devastating impact on marine life. Plastic bags break up into smaller plastic pellets (microplastics) which stay in the marine ecosystem indefinitely.

It is predicted that by 2050 there will be more plastic in our oceans than fish per kilogram. In 2018 the CSIRO reported that 52% of sea turtles have ingested plastic.

 

Globally, entire countries including Ireland, Bangladesh, South Africa, Belgium, Spain, Wales, Denmark, Bulgaria, Kenya, Hong Kong, Malaysia, Germany and China have either banned plastic shopping bags or implemented a levy to reduce consumption. In March this year, Hobart City Council voted in favour of a by-law that could see the city become the nation's first to ban single-use plastics by 2020. Closer to home, Northern Beaches Council recently launched their “Swap for Good” program which provides business owners with the support they need to replace single-use plastic bags, straws, water bottles and coffee cups with reusable and more environmentally friendly options.

 

In December 2018, Council implemented the Plastic Straw Reduction Program to assist local businesses in reducing the use of single-use plastic straws. As a result of the program, 46% of businesses ceased using single-use plastic straws. It is hoped that the Single-use Plastic Bag Reduction Program would exceed these results.

 

Discussion

 

Lane Cove was the first Council to start a petition on banning single-use plastic bags and Council has shown support for reducing the use of plastic bags through its partnership with the local Sustainability Action Group. It was through this group that a number of environmental initiatives were developed, such as Bagshare Bins and Boomerang Bags, to encourage our community to reduce their reliance on plastic bags.

 

Council recently commissioned reusable bags to be made from old promotional banners. These bags are available to residents as giveaways at events, such as Sustainability Lane, and help reduce the reliance on single-use plastic bags in our community.

 

Council will provide additional support to businesses through the upcoming business breakfast event which will include an information session on cost effective packaging options and packaging suppliers that meet the needs of their business operations while being environmentally responsible.

 

Macquarie Universities Department of Environmental Sciences offers Master level students, who are mostly in their final semester, an opportunity to have a work-related experience through the unit Sustainability Consultancy Work Practice. Council can apply to have two (2) students from this unit deliver the program. There are mutual benefits in collaborating with Macquarie University. Council are provided with over 200 hours of consultancy work at no cost and without diverting existing staff resources. The students are provided with the opportunity to practice in the real world of environmental management, planning and sustainable development and being able to work with actual clients.

 

Conclusion

 

Council is committed to being at the forefront of community expectations and to actively support the phasing out of single use plastics. As advancements in the use of products (such eco-packaging) have developed over the past few years, there is both an environmental and economic reason to encourage local businesses to phase out single-use plastic bags.

 

Leadership, in the form of providing alternative bags and raising awareness about the importance of phasing out single-use plastic bags, can inspire sustainable and long-term benefits. By reducing the use of single-use plastic items, Council is demonstrating a tangible commitment to our community and future generations.

 

 

RECOMMENDATION

That:-

1.       The report be received and noted; and

2.       A report outlining the results of the single use plastic bag reduction program be presented to Council for the November 2019 meeting.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 June 2019

Shared Service Arrangements - Hunters Hill Council

 

 

Subject:          Shared Service Arrangements - Hunters Hill Council    

Record No:    SU58 - 30070/19

Division:         General Managers Unit

Author(s):      Jessica Quilty 

 

 

Executive Summary

 

Empirical evidence on both the outcome of municipal mergers and the relationship between size and performance/efficiency in local government indicates that shared services are a better alternative to municipal mergers in securing the benefits of greater scale and scope in service provision.[1] In the most recent debate on council mergers the Samson Report acknowledged this and called for greater use of share services in the sector.

 

This report details the opportunity to enter into shared service agreement with Hunters Hill Council, to provide efficiency savings in service delivery and/or expanded strategic capacity. Areas such information technology, library services, works (depot) and job sharing are being explored as they are considered to be the most suitable for utilisation of shared services. The Governance structure of the agreement will also be discussed which aims to define the purpose, reporting, and financial arrangements.

 

Background

 

The following sections are from the Local Government Act 1993 are relevant in this context

a) Section 55 What are the requirements for tendering?

(3)        This section does not apply to the following contracts:

……

(c)        a contract entered into by a council with another council,

b) Section 355 How a council may exercise functions

 (d)       A function of a council may be exercised jointly by the council and another council or councils (including by means of a Voluntary Regional Organisation of Councils of which the councils concerned are members)

 

These two sections mean that the two councils can engage contractually efficiently and have the authority to exercise each other’s functions as appropriate.

 

Discussion

 

Council has been in discussions with Hunters Hill Council in order to develop a shared service model which has the potential to not only deliver significant financial benefits but also improve the quality of services provided to residents. Essentially there are three type of Shared Service under consideration:

·    Shared labour resources, staff doing activities for both councils.

·    Shared business infrastructure, such as IT systems, facilities and plant.

·    Shared procurement strategies, such as goods and services contracts.

 

Not all services provided by councils are equally suitable for sharing, so it was imperative to determine what services are feasible and suitable to such arrangements. To guide the consideration of which services and how services will be shared, the following key principles are proposed: -

·    Each service shall be assessed on its merits as to its suitability to achieve mutual benefit.

·    To ensure consistency, Hunters Hill will be Council’s first choice shared service partner.

·    There shall be no cross-subsidies (where one council pays a higher amount so that the price paid by the other council can be reduced). 

·    Service delivery, where possible, shall will be individually branded or co-branded.

·    There will be no staff redundancies

 

In initial discussions, the following opportunities have been identified:-

 

Information Technology (IT)

 

IT- enabled standardisation will generate greater value across councils and lower the barriers to information sharing and collaboration. This in turn can enable increased levels of sharing across a broader range of services. The increased economies of scale will drive lower operating costs whilst further efficiencies will be realised through standardisation of processes, policies and reporting for Lane Cove and Hunters Hill Councils. Implementation of key IT projects will help streamline operations and move towards IT best practice. Possible integrations include a customer request management system, online forms, electronic records management and asset management. 

 

Library Services

 

In accordance with the Library Act 1939, there are broad agreement types specified:

 

Section 12(1) – enables two or more local authorities to agree that one council operates and manages library services on behalf of both councils.

 

Library shared service arrangements are prevalent and successful in regional and rural areas of NSW.[2] They allow for a better range of library services such as mobile libraries, the organising of library-based events throughout the region, and the consolidation of functions such as outreach and promotions, Information Technology and other technical services, and the delivery of innovative and popular programs.

 

Hunters Hill Council currently provides its library service under a Joint Use Agreement with the City of Ryde. An alternative will be for Hunters Hill Council to partner with Council for the provision of a library service should that opportunity arise.

 

Works and Services

 

The nature of works and services means that all councils undertake the similar activities within each of the functions. The magnitude of operating expenditure in works and services means that the achievement of small operational efficiencies can result in significant long term benefits. Lane Cove and Hunters Hill Council are geographically located near each other which allows for works to be carried out in reasonably close proximity and the sharing/storage of plant and equipment. It is therefore an opportunity that Hunters Hill Council relocate its depot (staff and equipment) to the depot located in Lane Cove. This can achieve economies of scale through cost sharing and joint purchasing.

 

Shared or Co-delivered Services

 

The sharing of services can be the catalyst for bringing different employee groups together to work on joint projects or areas with similar roles and responsibilities. Many councils have recognised that the sharing of job activities can significantly assist in the upskilling and transfer of experience between groups at different levels of the organisation.

 

It is proposed that Council initially share a Waste Coordinator role and Road Safety Officer role. Council would be the host employer for the roles.

 

Governance

 

A Shared Service Agreement (SSA) consummate with the complexity of the Shared Service will be agreed between the councils for each Shared Service. Each SSA would prescribe the specific service to be provided, the cost sharing arrangements of service provision, establishment and administration costs.

 

A reporting regime will be established to track outcomes, in terms of efficiency and improvements in services.

 

Conclusion

 

Shared service delivery is extremely effective when a coordinated approach is taken to deliver key services. This ensures that increased economies of scale will drive volume efficiencies whilst further benefits will be realised through standardisation of processes, policies and reporting for both councils. Implementation of continuous process improvement will help streamline operations and move towards best practice over time. This initiative will not impact on Council participating in regional (NSROC) and other shared service arrangements (such as Shorelink).

 

 

RECOMMENDATION

 

That:-

 

1.   The report be received and noted; and

 

2.   Council endorse the General Manager entering into Shared Service Agreements with Hunters Hill Council based on the following key principles:-

·    Each service shall be assessed on its merits as to its suitability to achieve mutual benefit;

·    To ensure consistency, Hunters Hill will be Council’s first choice shared service partner;

·    There shall be no cross- subsidisation (where one Council pays a higher amount so that the price paid by the other Council can be reduced);

·    Service delivery, where possible, shall be individually branded or co-branded; and

·    There will be no staff redundancies.

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 June 2019

Draft Community Land Plan of Management

 

 

Subject:          Draft Community Land Plan of Management    

Record No:    SU264 - 29568/19

Division:         Corporate Services Division

Author(s):      Craig Dalli 

 

 

Executive Summary

 

This report is provided for two purposes. Firstly, to publicly exhibit a Draft Community Plan of Management and secondly, to update Council’s Community Land Asset Register having regard to Crown Land that Council has deemed control of which needs to be included in the Asset Register for accounting purposes.

 

A Draft Community Land Plan of Management for the use and management of community land in Lane Cove LGA has been prepared, following the recent reforms to Crown Land Management Act 2016.  Council is now required to manage all dedicated or reserved Crown Land under the Local Government Act 1993 as Public Land.  The Draft Plan has been prepared in line with Section 36 of the Local Government Act 1993. It will be recommended that the Draft Plan be placed on public exhibition.

 

A Community Land Register (AT- 2) has been prepared and compared to Council’s Community Land Asset Register. The Community Land Register has included land that Council controls and should be recorded in the Asset Register for accounting purposes. Previously only Crown Land that was formally transferred for care, control and management, was entered into the Community Land Asset Register.

 

Background

 

Council adopted the first Community Land Management Plan on 20 May 1996, as a requirement under the Local Government Act (LGA) 1993. The Plan was later revised and was last updated in 2004.

 

Under the recent reforms set out under the Crown Land Management Act 2016, Council must now manage dedicated or reserved crown land as if it is public land under the LGA 1993, thus allowing it to manage all its land under one piece of legislation rather than two. The reforms therefore require the preparation of a new Community Land Plan of Management to include Crown Lands under Council management and control.

 

Discussion

 

A Community Land Plan of Management is a document which governs the use and management of community land. It describes the current purposes and uses of the community land and identifies its values, includes core objectives and sets out performance targets for the land’s active land management and use. It also gives express authorisation for Council to grant leases, licences, hire arrangements or other estates as required for the use of the land and/or buildings on the land in compliance with S46 of the LGA 1993.

 

Under the LGA 1993 all public land must be classified as either community land or operational land. Community land has been identified as land which should be kept for use by the general public (community), whereas operational land need not be. All crown land to be included in the Community Land Plan of Management is to be classified as community land.


 

All land classified as community land, including crown land, must then be categorised according to Section 36 of the LGA 1993, as one or more of the following categories:-

·    Park;

·    Sportsground;

·    Natural area (subcategorised further as bushland, wetland, foreshore, watercourse, escarpment); and

·    General community use.

 

Objectives are provided for each of these categories.

 

Crown Land in Lane Cove

 

The areas that have been identified by Crown Lands for inclusion in the new Draft Community Land Plan of Management, along with the proposed categories and descriptions of the property, are shown in AT-1.

 

This Crown land makes up around 20% of the open space in Lane Cove LGA (around 27 ha of crown land within a total 150 ha of community land). In most cases, the Crown land is immediately adjacent to Council owned land forming a whole park or reserve. The only parks and reserves that are all Crown land are Aquatic Park, Kingsford Smith Oval and Turrumburra Reserve. Because of this mixing, crown land has been used and managed as an integral part of Lane Cove Council’s Open Space for many years and not treated as separate and distinct parcels.

 

This mixture of Crown and Council owned community land has been included in the Community Land Management Plans since 1996. Consequently, the impact of the recent reforms under the Crown Land Management Act 2016 will have minimal effect on the day to day management and use of those parks and reserves that include Crown lands. 

 

Community Land Asset Register

 

Where additional parcels of Crown Land under Council control have been identified these need to be included in the Community Land Asset Register. Existing Community Land has been valued at the Valuer Generals 2016 valuation that is used for rating purposes. An average valuation per square meter has been determined and applied to the square meterage of the additional parcels to be incorporated into the Asset Register. It is believed that this methodology would not provide a material misstatement of fair value.  From an accounting standards perspective, fair value is defined as the amount for which the asset could be exchanged, sold between willing parties in an arms length transaction.

 

It will therefore be recommended to incorporate the additional parcels of Crown Land that Council controls into the 2018/19 financial statements.

 

Draft Community Land Plan of Management

 

The Draft Community Land Plan of Management dated May 2019 is shown in AT- 2.

 

This draft Community Land Plan of Management is linked with other Council documents, particularly with Lane Cove Council’s Open Space Plan 2016-2026, adopted by Council in August 2016. The following table sets out how these 2 plans differ. The community consultation that was undertaken prior to the adoption of the Open Space Plan in 2016 has been used to help develop this plan.

 

Open Space Plan

Community Land Plan of Management

Applies to all public open space, broadly defined, including urban spaces, street verges and unmade road reserves

Applies to that land either owned by Council and classified as community land or dedicated or reserved crown land managed by Council

Provides strategic direction for the planning and management of open space and facilities

Governs the use and active management of community land

Prepared as an Issues Plan as part of Council’s Strategic Planning Framework under the Local Government Act 1993 Section 406

Prepared under Local Government Act 1993 Section 36 and Crown Land Management Act 2016 Section 3.23

Provides an overarching strategy and consistent approach for the future of the public open space, by identifying the main priorities and aspirations under 3 themes – environment and heritage; community; optimising and updating open space assets

Places community land into categories defined in the Local Government (General) Regulations 2005, with objectives as set out in the Local Government Act 1993 Section 36, and locally developed performance targets

 

The Draft Community Land Plan of Management also applies to Council owned community land listed in AT-3.

 

Consultation Strategy

 

Consultation Statement of Intent

 

The consultation is designed to determine whether the values, desired outcomes and performance targets within the Draft Community Land Plan of Management are appropriate and to gauge the level of community support for the content included within the draft Community Land Plan of Management before adoption by Council. Comments received will be used to refine the plan’s content.

 

Methods of Consultation

 

Level of participation

Inform

Inform

Consult

Form of participation

Open

Targeted

Open

Target Audience

General community

Key message givers e.g. BMAC, RPAC, Sports clubs & associations

LC community and community groups

Proposed Medium

Advertisement, eNewsletter and Social Media

Notification letters

Public exhibition and website exhibition

Indicative Timing

June – August 2019

 


 

Conclusion

 

The Draft Community Land Plan of Management governs the use and management of community land. It will be recommended that the Draft Plan and proposed categorisation of the Crown Land parcels be placed on public exhibition allowing the community the opportunity to comment on the content of the plan and categories.

 

In addition, Crown Land that has been identified as under Council control, as part of this process, be incorporated into Council’s Community Land Asset Register using the average land value per square meter provided by the Valuer General as at 2016 for rating purposes.

 

 

RECOMMENDATION

That:

1.   Council endorse the proposed categories of the Crown Land and proposed categorisation parcels identified in AT-1;

2.   Council adopt the Draft Community Land Plan of Management at AT-2 and dated May 2019 for the purpose of public exhibition;

3.   The Draft Community Land Plan of Management and proposed categorisation of Crown Land parcels be placed on public exhibition for six (6) weeks and consultation takes place in accordance with the consultation strategy outlined in the report;

4.   A further report be submitted to council following the exhibition period, to consider the final Draft Community Land Plan of Management and categories for the Crown Land for adoption;

5.   Land identified as Crown Land under Council control, not previously included in Council’s Community Land Asset Register, be included for the 2018/19 financial statements; and

6.   An average Valuer General valuation (2016) be used for the square meterage of the new additional parcels.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Proposed Categorisation of Crown Lands in Lane Cove

2 Pages

 

AT‑2View

Draft Community Land Plan of Management May 2019

48 Pages

 

AT‑3View

Council Owned Commuinity Land

17 Pages

 

 

 


 

Ordinary Council Meeting 17 June 2019

May 2019 Traffic Committee Meeting

 

 

Subject:          May 2019 Traffic Committee Meeting    

Record No:    SU1326 - 31070/19

Division:         Open Space and Urban Services Division

Author(s):      Hassaan Zafar 

 

 

Executive Summary

 

The Lane Cove Traffic Committee Meeting was held on Tuesday, 21 May 2019. The Agenda is included as AT-1. The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.

 

 

RECOMMENDATION

 

That Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 21 May 2019.

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

Agenda - Traffic Committee - May 2019

29 Pages

 

AT‑2View

Minutes - Traffic Committee - May 2019

16 Pages

 

 

 


 

Ordinary Council Meeting 17 June 2019

Paving Adjacent to Properties on Rosenthal & Birdwood Lane

 

 

Subject:          Paving Adjacent to Properties on Rosenthal & Birdwood Lane    

Record No:    SU6222 - 30818/19

Division:         General Managers Unit

Author(s):      Sebastian Stivala 

 

 

Executive Summary

 

The following report has been prepared to update Council on the general progress of works associated with the paving of Rosenthal and Birdwood Lane adjacent to The Canopy. Property owners have been contacted to gauge their support of the proposal, which includes paving upgrades to public and private land adjacent to Rosenthal and Birdwood Lanes.  The costs and programing of the works are also discussed with the overall aim of the project to improve the amenity and pedestrian access in the area.

 

Background

Council at its meeting held on 15 October 2018 considered a report which proposed re-paving the public domain footpath along Rosenthal and Birdwood Lanes adjacent to The Canopy. This work is designed to improve the interface between the two sides of the laneway, the overall amenity and pedestrian access along and through to the surrounding area. To achieve this, Council resolved that: -

“1.     Council seeks agreement from the owners of properties along Rosenthal and Birdwood Lanes to carry out paving works to the private land public domain areas fronting the Lanes at Council’s cost, to improve the aesthetics of the area and improve pedestrian safety;

2.       Funding for the works be considered in the 2019/20 Budget;

3.       A further report be submitted to Council on how many property owners take up the option to allow the works to occur; and

4.       A further report be submitted to Council once the works are carried out.”

 

Council is reminded that  under s67 of the Local Government Act provides for this to occur:-

 

 “1.       A council may, by agreement with the owner or occupier of any private land, carry out on the land any kind of work that may lawfully be carried out on the land.

Examples of the kind of work that a council might carry out under this section include:

•    paving and roadmaking

•    kerbing and guttering

(2)        A council must not carry out work under this section unless:

….

(b)        if it proposes to charge an amount less than the approved fee, the decision to carry out the work is made, and the proposed fee to be charged is determined, by resolution of the council at an open meeting before the work is carried out.

(3)        A council must include details or a summary of any resolutions made under this section and of work carried out under subsection (2)(b) in its next annual report.

(4)        A report of work to which subsection (2)(b) applies must be given to the next meeting of the council after the work is carried out specifying:

•    the person for whom the work was carried out

•    the nature of the work

•    the type and quantity of materials used

•    the charge made for those materials

•    the total of the number of hours taken by each person who carried out the work

•    the total amount charged for carrying out the work (including the charge made for materials)

•    the reason for carrying out the work.”

 

Discussion

 

Council identified a total of sixteen (16) properties adjoining the laneway where paving works are proposed on private land. Following individual discussions all Landlords have pledged their support in principal and Council has received seven (7) executed license agreements to date with the remaining nine (9) agreements expected to be returned shortly. 

 

Following ongoing site investigations, the scope of works has increased over and above that initially anticipated ($585,000), as a result the value of the works is now estimated to be circa $1,000,000. RBL Quantity Surveyors are assessing this variation on behalf of Council.

 

The scope of work will cover approximately 600m2 and finished with granite pavers over a concrete substrate. It includes; demolition and disposal of existing road way, kerb and paving, removal of and reinstatement of subterranean services such as storm water, inspection outlets, ICT pits and associated, placement of concrete, resurfacing and paving of the laneway, waste disposal and traffic control.

The works shall be carried out by ADCO and its subcontractors as a variation to the existing contract.

 

The paving and associated works are scheduled to commence in August 2019 and be completed by March 2020, works will be staged to minimise impact with the peak Christmas trading period.

 

The staging is proposed as follows:-

 

·      Stage 1 - August to December 2019; will include preliminary works and make safe, demolition, services infrastructure, and placement of concrete, upon completion of this stage we will have a level concrete surface for pedestrians and vehicle access

·      Stage 2 - January to March 2020; will include final fixtures and fittings, coordination of levels and placement paving throughout.

·      The works are expected to be carried out during normal day time hours where possible, extended hours may be necessary to accommodate individual business operators and others.

 

Note:   Temporary road closures and traffic control will be in place in and around the laneway during these works, final sequencing of the works will be coordinated with individual user groups and retailers to minimise the impact, alternative access and /or parking arrangements may be required to accommodate retailers, tenants and occupiers during this time, Council will address these requirements accordingly and monitor progress of the works during its delivery. 

 


 

Conclusion

 

Council has obtained the support of all relevant owners and is satisfied that this proposal meets the requirement as set out in s67 of the Local Government Act. Furthermore, the proposal addresses existing inadequacies, improves accessibility, public amenity and pedestrian safety and provides improved connectivity between The Canopy and the existing neighbouring developments and is therefore in the public interest.

 

 

RECOMMENDATION

That:-

1.   Council proceed with the re-paving of the private and public domain along Rosenthal and Birdwood Lanes as proposed at Council’s cost; and

2.   As required by s67 of the Local Government Act, a report be submitted to the first meeting of Council after the work is carried out specifying the:-

•      Person for whom the work was carried out;

•      Nature of the work;

•      Type and quantity of materials used;

•      Charge made for those materials;

•      Total of the number of hours taken by each person who carried out the work;

•      Total amount charged for carrying out the work (including the charge made for materials); and

•      Reason for carrying out the work.

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 June 2019

Information and Privacy Commission (IPC) Revised Guideline 1 - Disclosures by Councillors and Designated Persons Return

 

 

Subject:          Information and Privacy Commission (IPC) Revised Guideline 1 - Disclosures by Councillors and Designated Persons Return    

Record No:    SU2095 - 31335/19

Division:         Corporate Services Division

Author(s):      Kirsty Beram 

 

 

Executive Summary

 

The Information and Privacy Commission NSW (IPC) has invited feedback from councils on a draft of its revised Guideline 1, which deals with the disclosure of information contained in returns of interests of councillors and designated persons under the Government Information (Public Access) Act 2009 (GIPA Act).

 

The draft revised Guideline provides that councillors’ and designated persons’ returns of interests must be made publicly available free of charge on a website maintained by councils, unless there is an overriding public interest against disclosure of the information. This differs from the current position under Guideline 1, which provides that returns of interest are to be made available for inspection at council offices, but should not be placed on council’s website. 

 

Consultation on the draft revised Guideline 1 closes on 14 June 2019.   A submission outlining the points raised in this report has been submitted to the IPC.  It is recommended that Council receive and note this report.

 

Background

 

On 3 June 2019, the Office of Local Government released a circular advising that the IPC has undertaken a review of Guideline 1: For local councillors on the disclosure of information contained in returns of interest of councillors and designated persons under the Government Information (Public Access) Act 2009 (Guideline 1). The IPC is seeking feedback on the draft revised Guideline (Revised Guideline 1), with consultation closing on 14 June 2019.  

 

In addition to Councillors, those defined by the Code of Conduct as a ‘designated person’ subject to completion of an annual interest return include Council’s senior staff any staff member who holds a delegation to exercise of functions under the LGA or any other Act (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest

 

Section 6 of the GIPA Act provides for the mandatory proactive release by NSW public sector agencies (including councils) of “open access information”. Councillors’ and designated persons’ returns of interests are prescribed as “open access information” for local government under Schedule 1 to the Government Information (Public Access) Regulation 2018.  

 

The GIPA Act provides that open access information must be made publicly available free of charge on a website maintained by the agency. The Act also provides for the Information Commissioner to issue guidelines to assist agencies regarding the public interests in favour of, or against, disclosure. In accordance with this power, the Commissioner issued Guideline 1 to assist local councils in the interpretation of the open access requirement. 


 

Discussion

 

Current Position Under Guideline 1

 

The current Guideline 1 (attached at AT-1) was issued in July 2010.  It recognises that returns support the aims of the Model Code of Conduct in promoting openness, transparency and accountability in local government, and may help to identify potential conflicts of interest.  However, the returns also contain a significant amount of sensitive, personal information about the person and third parties connected to them. This includes property and share holdings, debts family business interests and signatures.

 

Guideline 1 notes that disclosing such information on a website could impinge on an individual’s legitimate right to privacy, and “potentially expose a person to harassment, intimidation, or serious harm or identity theft”.

 

Accordingly, Guideline 1 concludes that the disclosure of returns as part of a local council’s open access information should be interpreted as follows:-

 

·    The returns should be made publicly available for inspection free of charge;

·    Copies may be made in accordance with the GIPA Regulation;

·    Local councils should note clearly on their website that the returns are available for inspection at council offices during ordinary business hours; and

·    Information contained in the returns should not be placed on the website of a local council.

 

Releasing information in this manner “facilitates the legitimate public interest in having access to the information, while protecting the individual’s right to privacy and safety”.

 

Council’s current practice conforms with these guidelines.

 

Position Under Revised Guideline 1

 

The Revised Guideline 1 (attached at AT-2) acknowledges that returns may contain sensitive and personal information but draws attention to recent decisions by the NSW Court of Appeal indicating the nature of material as “open access information” is an important factor in favour of disclosure. Accordingly, open access information should be treated as a special class of information when determining access and the threshold to displace the intent that it is open access must be set at a high level.

 

The factors against disclosure (which are weighed against the open access nature of the information) are set out in the GIPA Act and include that disclosure could reveal an individual’s personal information, and contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 (PPIP Act). 

 

Revised Guideline 1 emphasises that the disclosure of personal information is a not a conclusive presumption against disclosure, it is simply one of the relevant factors to be considered.  It is also noted that section 5 of the PPIP Act specifically confirms that a public sector agency’s obligations under the GIPA Act are not lessened by the PPIP Act.

 


 

A further consideration against disclosure which may be relevant is where release of the information may expose a person to a risk of harm or of serious harassment or intimidation. Revised Guideline 1 notes that the intimidation or harassment needs to be “heavy, weighty or grave and not trifling or transient”. The risk is to be considered objectively, and evidence of the risk should be as it currently stands, not based on past actions.

 

The Revised Guideline 1 concludes that the disclosure of returns as open access information should be interpreted as follows:-

·    The returns should be made publicly available on the council’s website unless there is an overriding public interest against release;

·    The fact that a return of interest is open access information is a factor in favour of disclosure in balancing the public interest;

·    Where council decides that there is an overriding public interest against disclosure, consideration should be given to whether it is practicable to release an edited copy of the record (in which case the deletion must be noted in the council’s disclosure log, and the remainder of the record be made available on the website).

 

Analysis

 

The IPC’s revision of Guideline 1 proposes a change in the way local councils manage their open access requirements with respect to returns of interests. Returns are currently available for inspection at council offices, however under the Revised Guideline 1 the default position would be to make returns available on council’s website.

 

It appears the balance has shifted away from an emphasis on taking special care to protect privacy, towards an emphasis on the special status of “open access information”.

 

It is relevant to note that there remain grounds on which to challenge disclosure:-

·    Under the GIPA Act, it is a factor against disclosure where release of the information may expose a person to a risk of harm or of serious harassment or intimidation (as discussed above), and    

·    Under section 739 of the Local Government Act 1993, a person may make a request to the general manager that any material available for public inspection under the GIPA Act be amended to omit or remove any matter which would disclose the person’s place of living, if the person considers the disclosure would place the personal safety of the person (or members of the person’s family) at risk. This section is separate to, and unaffected by, the GIPA Act.

The adoption of the Revised Guideline 1 could result in increased application of the provisions of Section 739 of the Local Government Act 1993 which allows Council to redact certain information to facilitate making it available online, specifically signatures and residential address.  This could arguably alter the document to such an extent that it is significantly different to that which was lodged and potentially misleading in terms of achieving the public accountability measures it was trying to support. 

 


 

Conclusion

 

It is acknowledge that the proposed changes to Guideline 1 are consistent with the interpretation of “open access information” in several recent decisions of the NSW Court of Appeal. They are also consistent with those provisions of the PPIP Act which specifically acknowledge that it does not limit the GIPA Act.  However, the proposal to increase the accessibility of returns by making them available online is undeniably at the expense of the individual’s right to protect the privacy of their personal information.

 

While the current Guideline 1 clearly recognises the importance of an individual’s right to privacy, particularly in the context of the significant amount of information disclosed in the return, the Revised Guideline 1 does not afford this right the same level of protection. In fact, under the Revised Guideline 1, disclosure could only be avoided where serious harassment, intimidation or safety risks could be identified, at which point the information has already been released openly in the public domain and access to it can no longer be controlled or any serious threats effectively mitigated.

 

While Council supports open access to information, it is unreasonable to require Council employees to sacrifice their legitimate right to privacy. It is also unnecessary, given:-

·    That the purpose of the returns as a public accountability measure can be equally fulfilled by the current practice of making them available for inspection; and

·    The provisions set out in the Code of Conduct which further enhancement openness, transparency and accountability in local government.

 

Noting the closing date for submissions in relation to the Revised Guideline 1, being 14 June 2019, Council has supported the joint submission made to the IPC by the Local Government Professionals NSW Governance Network members attached at AT-3 objecting to the adoption of the Revised Guideline 1.

 

 

RECOMMENDATION

That :-

1.         The report be received and noted; and

2.         Council endorse the joint submission attached at AT-3.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1View

Guideline 1 - July 2010

22 Pages

 

AT‑2View

Revised Guideline 1 - DRAFT May 2019

12 Pages

 

AT‑3View

Joint Submission to IPC

8 Pages

 

 

 


 

Ordinary Council Meeting 17 June 2019

Greenwich Library Opening Hours

 

 

Subject:          Greenwich Library Opening Hours    

Record No:    SU1709 - 31766/19

Division:         Human Services Division

Author(s):      Jennifer Bice 

 

 

Executive Summary

 

In May 2019 Council considered a report about changing Greenwich Library’s opening hours with a view to better facilitate the demand for greater use by the community. The proposal assumed that there would be no budget increase or additional staff resources incurred as a result of changing the opening hours. The Library had conducted a survey to measure the user’s support for changing hours and had found that the community were generally supportive of a change to hours.

 

Council resolved that consideration of the matter be deferred to the June Councillor Workshop for further discussion.  At the Councillor Workshop staff explained the considerations that had led to the proposal and presented a number of options for the Library’s opening hours.

 

Background

 

Library services, collections and programs are reviewed on an ongoing basis. However, Greenwich Library opening hours have not been reviewed for many years and over those years Library users’ requirements and usage patterns have changed.

 

Greenwich Library is an 85m² space with a total stock of approximately 10,000 items, with new and rotated stock being added on a weekly basis. The Library has two public computers with free access to the Library catalogue, the Internet, email, Excel, Word and PowerPoint. WIFI and a photocopier/printer are also available.  A storytime is held at 11.00am on Wednesday mornings and a monthly Crafternoon Tea for adults is held on Tuesdays at 2pm

 

The response to the recent community survey suggests that some revision to opening hours would be welcomed by the community. Council decided to give further consideration to the proposal to try to achieve greater standardisation.

 

Discussion

 

While standardising opening hours makes it easier for members to remember when the Library is open Greenwich Library is only staffed by one staff member. This means that there are a number of practicalities and WHS issues that need to be considered when allocating staff hours. These considerations include:

·    According to Standards and Guidelines for NSW public libraries 2018 a Library serving a population <10,000 should provide one Storytime per week. As Greenwich Library has only one staff a Storytime is currently provided outside opening hours.

·    There are security service costs incurred when the Library opens later in the evening e.g. after 5.00pm.

·    The Local Government Industry Award states that an employee will not be required to work more than five hours without receiving an unpaid meal break of at least 30 minutes. Currently two different staff work on a Thursday (10.00am to 2.30pm, 2.30pm – 7.00pm shifts) to allow the Library to operate longer hours.

 

 

 

At the June Councillor Workshop Council discussed how the hours could be changed to increase standardisation more than was proposed in the report presented to the May Council Meeting. The three options presented below were discussed:

 

 

Option 1

Option 2

Option 3

 

Current Hours

Survey Proposal

More Standardised

Monday

Closed

11am Storytime

11am - Storytime

1.00pm - 5.00pm Open

1.00pm - 5.00pm Open

Tuesday

2.00pm - 7.00pm Open

1.00pm - 5.00pm Open

2.00pm - 7.00pm Open

Wednesday

11.00am Storytime

2.00pm - 7.00pm Open

2.00pm - 7.00pm Open

1.00pm - 5.30pm Open

Thursday

10.00am - 7.00pm Open

2.00pm - 7.00pm Open

2.00pm - 7.00pm Open

Friday

Closed

Closed

Closed

Saturday

9.00am - 1.00pm

9.30am - 2.00pm

9.30am - 2.00pm

Sunday

Closed

Closed

Closed

 

 

 

 

Total Staff Hours

23.5

23.5

24.5

Hours Open to public

22.5

22.5

23.5

 

Options 1 and 2 do not require any increase to the Library budget.

 

Option 3 provides for a Storytime on Mondays, standardises opening hours Tuesday – Thursday and increases Saturday opening hours. However, there would be a small budget increase required of approximately $4,200.

 

Conclusion

 

This report presents three options for Greenwich Library opening hours. All options allow for the provision of a storytime session for the Greenwich community and meet legislative requirements and NSW public libraries standards. While Option 3 requires a small budget increase this amount is not excessive to achieve greater community benefit by allowing for longer hours.  This option is therefore recommended.

 

 

RECOMMENDATION

That the Greenwich Library operating hours be as outlined in Option 3.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 17 June 2019

Council Snapshot May 2019

 

 

Subject:          Council Snapshot May 2019    

Record No:    SU220 - 31154/19

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 May 2019.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Council Snapshot May 2019

38 Pages

 

 

          

 



[1] B Dollery, A Akimov & J Byrnes, "Shared Services in Australian Local Government: Rationale, Alternative Models and Empirical Evidence", in The Australian Journal of Public Administration,vol. 68, 2009, 208–219.

[2] Regional Library Management Models Summary Paper,  UTS: Centre for Local Government, 2015.