Lane Cove Council July 2023 Meeting

The Lane Cove Council July 2023 Meeting will be held on Thursday, 20 July 2023.

Have Your Say – Be Part of the Process

Residents can write to Councillors on any agenda item or issue. If you use the email address – [email protected], your email will go to all councillors.

Listed below are the agenda items for the meeting.

Notices of Motion

Notice of Motion – 5G Cell Towers Request for Information Recommendation    

At recent Lane Cove Council Meetings, a group of concerned residents have been asking the Lane Cove Council to undertake testing in Lane Cove for Electromagnetic Radiation Exposure.

Councillors Mort and Bennison have tabled a notice of motion to be discussed at the next Lane Cove Council Meeting, calling on the Federal Government to fund an investigation by an independent assessor to measure exposure to electromagnetic radiation in a number of sample sites in Lane Cove, including The Canopy, Rosenthal Avenue Arcade (79-83 Longueville Road), and 3 Rosenthal Ave (the area overlooking The Canopy playground).

They are asking for the Independent Assessor to prepare a report that includes a review of the health impacts after being exposed to the electromagnetic radiation levels identified in these areas.

Read More Here.

Notice of Motion – Council Support for Constitutional Recognition of a First Nations Voice to Parliament Recommendation    

Six Councillors have tabled a notice of motion recommending Lane Cove Council affirms its support for constitutional recognition for Aboriginal and Torres Strait Islander people through a Voice to Parliament.

The Councillors proposing the notice of motion are:

Councillor Kathy Bryla (Labor)
Councillor Merri Southwood (Independent)
Councillor David Roenfeldt (Labor)
Councillor Andrew Zbik (Labor)
Councillor Rochelle Flood (Greens)
Councillor Bridget Kennedy (Independent)

Read more here:

Officer Reports for Determination

Tender for the Appointment of a Head Construction Contractor for the Lane Cove Sport and Recreation Facility Recommendation

The proposed Lane Cove Sports and Recreation Facility is to be an 8-court facility.  Lane Cove Council resolved that the total costs to develop the facility could not exceed $75 Million.

A tender document for the Construction was sent to an agreed list of tenderers. The tender closed in June 2023 and none of the tenderers submitted a cost to build that would enable the council to meet the $75 million project budget.

Lane Cove Council released the following statement:

“June 2023 – Delay to Early Works Construction Activities

Council engaged an Early Works contractor to begin demolition prior to 30 June 2023, pending receipt of pricing for the Head Contractor (Building Construction) being within budget on 26 June 2023. Upon receipt of the pricing, none of the tenders received were within the construction cost allowance for Stage 2, included within the overall $75 million project budget.

Council’s tender evaluation panel will continue to evaluate the tenders and produce a report with a strategy to move the project forward for the elected Council’s consideration in July 2023.

Based on this outcome, Stage 1 Early Works, which includes demolition and bulk earthworks will not commence before 30 June. The golf course and tennis courts will continue to operate unchanged at this time. ”

Although the Lane Cove Council has stated that the tennis court will continue to operate unchanged, the River Road Tennis School Holiday camp has already been moved to North Sydney due to the proposed demolition date being before 30 June 2023.  The Lane Cove Golf Club has closed, so the function room is no longer available for locals.

Lane Cove Council to Negotiate with ADCO Group

Lane Cove Council staff are now recommending that they reject all the tender bids and enter into negotiations with ADCO Group Pty Ltd.  ADCO built The Canopy.

The ADCO group was involved in construcing a large sports and recreational hub at the Gold Coast.  The Courier Mail reported the following:

“One of Australia’s biggest privately-owned construction companies and its subbies face huge fines for racking up a record number of alleged building site violations.

ADCO Constructions and several of their subcontractors were hit with 25 enforcement notices this week after Workplace Health and Safety inspectors swooped in on the $80 million Pimpama Sports Hub now being built on the Gold Coast.

Some of the alleged transgressions were so severe that work had to stop immediately on part of the job site.

They included dangerous storage of chemicals, risk of fall from heights, lack of traffic and plant management and non-maintenance of vital safety equipment such as fire extinguishers.”

Read the full article here (it is paywalled)

The Australian published an article in January 2023 which examined ASIC financial records and noted that the  country’s largest private construction companies have seen a major slide in profits despite total revenues rising almost 10 per cent to $14.2bn in the last 12 months.  Read the article here. (it is paywalled)

Richard Crookes Construction is on the above list.  They built The Quartet in Lane Cove.  They were one of the five companies who were asked to tender for the Sport and Recreation Facility.  They did not submit a tender.

Design and Construct Contract

Despite this matter being debated at several Lane Cove Council meetings, the General Manager is now advising that the type of contract that Lane Cove Council should enter into is a design and construct contract (the same type of contract was used for The Canopy).  It is not clear why the General Manager did not suggest this contract in the first place and why this type of contract was not included in the Tender Documents (so all tenderers could submit a proposal based on this type of contract).

Lane Cove Council’s Legal advice from Colin Biggers & Paisley noted the following:

“project delivery under a “design and construct” format is, in our experience the most common methiod asdopted on the market (between 80% to 90% of commercial projects of comparable scale to the Project) and typically accepted by experienced contractors.”

The benefits and risks of entering into a design and construct contract are listed below in the NSW Procurement Methods Guidelines.

The Lane Cove Councillors are being asked to vote on the following resolution:

RECOMMENDATION

That Council:

1. Decline to accept all tender submissions as none of the tenders received were within the construction cost allowance for Stage 2 included within the overall $75 million project budget;
2. Not call fresh tenders as the tender process has identified a suitable field of contractors who can complete the project and the current submissions have been reviewed under a competitive tender process and the preferred proponent is suitably qualified and can demonstrate capacity and capability for the project. Further, based on the value engineering proposals identified, via a post-tender negotiation process, Council’s nominated budget and Principal Project Requirements can be achieved via more appropriate contractual arrangements;
3. Enter into negotiations initially with ADCO Group Pty Ltd as the preferred tenderer, with the aim of entering into a contract that aligns with Council’s nominated budget;
4. Delegate authority to the General Manager to enter into negotiations with ADCO Group Pty Ltd as they are the highest ranked in the selection criteria. If no suitable outcome is achieved, undertake negotiations with the two other tenderers, and upon reaching an agreement, enter into a contract utilising a modified AS4902 lump sum design and construct contract for the Head Construction Contractor, within Council’s adopted $75M project budget. The negotiation process shall finalise the scope, include design development of appropriate value engineering proposals to reduce costs, remove pricing exclusions, finalise the terms of the contract, and confirm program and delivery methodology;
5. Adhere to the following principles in the design development and cost reduction process:-
   1. The facility spaces and capacity within the design be retained;
   2. The design aesthetics of the building design be retained;
   3. The project retain a sustainable building design that aligns with good practice design principles of local and international environmental standards as specified by consultants Steensen & Varming;
6. Delegate authority to the General Manager to proceed with Stage 1 Demolition, Sediment Control, and Bulk Earthworks contractor (Early Works) works once the negotiations have been finalised and it has been determined that the project can proceed within the project budget and Councillors have been advised;
7. Pursue expansion of the 200kW net Solar PV array system included within the project to the Maximum Solar PV system (Circa 500kW) and provision of a 200kw battery via a grant from ARENA, and if unsuccessful during the construction period, commit to expansion of the system (project design to include suitable provisioning) within 18 months post-occupation, once accurate facility energy usage data is available; and
8. Receive a further report on the outcomes of the negotiations for information.

Background information here.

With the recent spate of builders going into voluntary administration it is not clear why Lane Cove Council has not asked for a parent company guarantee from the ADCO group.

Proposed Partial Closure of Canberra Avenue – Proposed Extension of Newlands Park Recommendation

In April and July 2022, Lane Cove Council assessed the traffic impacts of construction and post construction traffic with respect to the partial closure of Canberra Avenue. The reports concluded that the proposed partial closure would not affect the road network in both scenarios.

The resolution from the July 2022 Council meeting deferred the commencement of the closure process subject to a further report outlining the process of the closure, including associated community consultation and proposed design of the Duntroon Avenue/Canberra Avenue intersections, be received by Council.

As per the above resolutions, this report outlines the process to consider a road closure, the consultation process and proposed design of the Duntroon Avenue/Canberra Avenue intersection.

It is recommended that Council now commence the process for closing Canberra Avenue between the proposed cul-de-sac to be located south of the Duntroon Avenue/Canberra Avenue intersection and River Road, integrate the land into Newlands Park and construct a roundabout at the Duntroon Avenue/Canberra Avenue intersection.

The Officer’s report notes

“This closure will provide an additional 4,400m2 of open space to Newlands Park, which combined with the existing open space, will be the largest passive open space park in the Local Government Area (LGA).”

However, if you live near this area or use Canberra Avenue, you should review this proposal in detail and then provide your comments when the request for public comments is advertised.  See below the proposed plans.

Investment Portfolio Review Recommendation

At the April 2023 Lane Cove Council Meeting, Council resolved the following:

“To report back on our current investment exposure with the coal and gas sector, options to invest cash with institutions that have statements on not lending to coal and gas sectors and outline a plan for divestment.”

Council’s investment portfolio, as at 31 March 2023, was made up of the following:

Council’s independent investment advisor, Prudential Investment Services Corp, were engaged to prepare a ‘transition to a non-fossil fuel / socially responsible investment portfolio’ discussion paper outlining the key matters to consider in such a transition.

The Officer’s report notes:

“It should be noted that due to the limitations in the current adopted Investment Policy, Council is unable to transition to a 100% non-fossil fuel lending strategy without an amendment to the adopted Investment Policy. This is primarily due to the existing credit rating limitations that apply to financial institutions that are non-fossil fuel lenders.

However, Council could divest its investment portfolio into a combination of Socially Responsible Investments and non-fossil fuel aligned institutions by amending the credit risk profile of its adopted Investment Policy.

Socially Responsible (or Green) Investments are where the proceeds of the bonds are associated with specific Environmental, Social and Governance (ESG) projects such as wind farms, solar power and low carbon transport options.”

Lane Cove Councillors are being asked to vote on the following:

RECOMMENDATION

That Council:

1. Receive and note this report, together with the investment advice received from Council’s Investments Advisor, Prudential Investment Services Corp; and
2. Determine whether it wants to pursue an Investment Portfolio that either wholly or partly preferences the placement of investments with non-fossil fuel-aligned financial institutions and socially responsible investments, noting that a revised Investment Policy incorporating the matters raised in this report and the investment advice would need to be drafted and brought back to Council for its consideration.

Introduction of Wildlife Protection Areas Recommendation

The Lane Cove Council, at their July Meeting, will be discussing a proposal to declare Lane Cove bushland as Wildlife Protection Areas. This means that if cats are found in bushland areas they can be removed and returned to their owners. Dogs will still be permitted in bushland areas as long as they are on paths and on lead.

Do you agree or disagree with this proposal?

Read more here:

Proposed Review of Ward Boundaries Recommendation    

This proposal is to even out the numbers for each council ward.  The two ward areas with the most construction and, therefore, most new residents will be in the west and east ward.  The central ward is being expanded to take into account this growth.

It is proposed that 628 electors from the area generally east of Burns Bay Road, south of Waterview Drive, and northwest of Burns Bay foreshore and Burns Bay Reserve be transferred from West Ward to Central Ward (if you live in the Waterview Drive area this is you).

Traffic Committee – May 2023 Recommendation   

Lane Cove Council is proposing to install ‘2P; 8:30 am-6 pm; Mon-Fri’ parking zone in front of 231 Longueville Road  (Shinnyo-en Buddhist Temple Australia) to address concerns by business owners regarding inadequate short-term parking.

All Traffic Committee voting members supported the recommendation.

IPART- Draft Report on the Rate Peg Methodology Review Recommendation   

IPART has recently released its draft report on the review of the rate peg methodology. The draft report proposes changes to the way IPART calculates the rate peg to address concerns regarding the current rate peg methodology.

Lane Cove Council has been requested to submit its feedback to IPART, and the submission deadline was on 4 July 2023. Since the submission deadline preceded the next Council meeting, a submission was lodged by Council staff by the closing date.

The Lane Cove Council’s officer’s report states:

“Overall, the new approach is welcomed and supported. IPART’s draft recommendation offers improvements over the existing methodology and should be implemented without delay. It is recommended that Council endorse the lodged submission.” 

Audit, Risk and Improvement Committee (ARIC) – Draft Charter and Expression of Interest for New Independent External Members Recommendation   

The purpose of this report is to present to Council the Draft Audit, Risk and Improvement Committee (ARIC) Charter and inform Council that expressions of interest are about to commence in relation to procuring three independent external members to the ARIC.

Draft Managing Conflicts of Interests for Council-related Developments Policy – Community Consultation Outcomes Recommendation

The purpose of this agenda item is to present to Lane Cove Council the Draft Audit, Risk and Improvement Committee (ARIC) Charter and inform Council that expressions of interest are about to commence in relation to procuring three independent external members to the ARIC.

At the May 2023 Lane Cove Council meeting, Council resolved to consult with the community on its Draft Managing Conflicts of Interests for Council-related Developments Policy.

This policy aims to manage potential conflicts of interest, increase transparency at all stages of the development process for council-related development, and meet the legislative requirements of Section 66A Environmental Planning and Assessment Regulation 2021.

The Officer’s report recommends that the Draft Managing Conflicts of Interests for Council-related Developments Policy be adopted by Lane Cove Council.

Revised Fraud and Corruption Prevention Policy and Strategy Recommendation

A review of Lane Cove Council’s Fraud and Corruption Prevention Policy and Strategy has been undertaken in light of information that has been released by both Standards Australia and the NSW Audit Office. The revised Fraud and Corruption Prevention Policy and Strategy is submitted for the councillor’s consideration with a view to undertaking community consultation.

Proposed Voluntary Planning Agreement for Area’s 13, 14 and 15 – St Leonards South Precinct Recommendation

Lane Cove Council undertook community consultation on the proposed Voluntary Planning Agreement (VPA) for 14 and 16 Marshall Avenue, 5-9 Holdsworth Avenue and 2-10 Berry Road, St Leonards (Areas 13, 14 and 15 at the St Leonards South Precinct) between 20 May and 19 June 2023.

The VPA provides for the construction and dedication to the Council of Infrastructure and public benefit supporting the St Leonards South Precinct as outlined in the Lane Cove Development Control Plan Part C – Residential Localities – Locality 8, for which no Section 7.11 Contribution offset is available.

No amendments to development standards are provided by this proposed VPA. The purpose of this report is to outline the results of the consultation and recommends that Council enter into a VPA with the proponent(s), Marshall Land Pty Ltd as trustee for Marshall Land Unit Trust and Holdsworth Land Pty Ltd as trustee for Holdsworth Land Unit Trust.

The Officer’s report notes:

“From a public benefit perspective, subject to the granting of development consent, in addition to the S7.11 Developer Contributions to fund precinct wide community infrastructure, the development at Areas 13, 14 and 15 will deliver:

1. The dedication in perpetuity the parcel of land identified as 10 Berry Road and comprising Lot 34 in Section 2 DP 7259 in Area 15 as part of a 15m wide pedestrian and bicycle link connecting Berry Road and Holdsworth Avenue.
2. Dedication in perpetuity of one (1) affordable housing dwelling in Area 13, and dedication in perpetuity of two (2) affordable housing dwellings in Area 14, where each dwelling (total of 3) shall comprise an internal area of at least 70m2 (plus storage) and one car space.

The VPA was placed on public exhibition for community consultation until 19 June 2023, no submissions relating to the draft planning agreement were received.

Conclusion

The proposed VPA will benefit the community and future residents of the proposed development of Areas 13, 14 and 15 in the St Leonards South Precinct via the construction and dedication (free of cost) to Council of: a new 15m wide pedestrian and bicycle link connecting Berry Road and Holdsworth Avenue; and three (3) affordable housing dwellings. No amendments to these development standards are provided by this proposed Voluntary Planning Agreement.

It is therefore recommended that Council proceed with the proposed Voluntary Planning Agreement for Areas 13, 14 and 15 (14 and 16 Marshall Avenue, 5-9 Holdsworth Avenue and 2-10 Berry Road, St Leonards).”

Officer Reports for Information

Council Snapshot June 2023 Recommendation    

Lane Cove Council publishes a monthly snapshot, which sets out what has been happening over the month, from development applications, parking fines, waste and landfill reduction reports, and reports on upcoming footpath maintenance.