Lane Cove Council November 2023 Meeting

The Lane Cove Council November 2023 Meeting will be held on Thursday, 23 November 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.

Mayoral Minutes

Mayoral Minute – DA Processing Times Recommendation    

The Mayor Scott Bennison has tabled a Mayoral Minute congratulating Lane Cove Council on achieving faster DA processing times than other NSW Councils.

Notices of Motion

Notice of Motion – Support for Early Childhood Education in the Local Government Sector Recommendation   

Councillor Rochelle Flood has tabled a notice of motion asking Lane Cove Councillors to resolve to write to Local Government NSW, calling on them to commit to supporting councils to recruit and retain early childhood educators by:

Advocating to the NSW State Government to:

1. Increase support for public early childhood education services, including extending the paid placement funding offered to ECT students to Diploma and Certificate III students, and;
2. Support councils to expand high-quality early childhood education and care through long day care, out-of-hours care, pre-school, and occasional care;
3. Bargaining with the United Services Union and its members in good faith to achieve an increase to wages for early childhood educators above inflation, as well as leave provisions and hazard pay that reflect the risk of infection associated with work in early childhood education.

Notice of Motion – Howarth Road Parking Issues Recommendation    

Councillor Rochelle Flood has tabled a notice of motion asking Council to help address the lack of resident parking on Howarth Road in Lane Cove North.

Howarth Road adjoins the Pacific Highway and is a spot where employees and customers of nearby businesses often park.

Residents – particularly elderly residents and those with mobility concerns have reported issues with finding any suitable parking on their street.

Notice of Motion – Affirmation of Commitment to Reconciliation Recommendation    

Councillors Bryla, Flood, Kennedy and Southwood have proposed a notice of motion asking the Council to resolve:

That Council:-

1. re-affirms its support for constitutional recognition for Aboriginal and Torres Strait Islander peoples through a Voice to Parliament as resolved in Resolution 114/2023
2. notes that all booths across the Lane Cove LGA returned a vote in favour of YES for a First Nations Voice to Parliament, demonstrating strong local support in our LGA
3. accepts the invitation contained in the Uluru Statement from the Heart to walk with Aboriginal and Torres Islander peoples in a movement of the Australian people for a better future – including working towards Voice, Treaty and Truth
4. affirms that the achievement of this objective is a priority of Council
5. receives a report at its 2024 Planning Weekend on:-
6. (a)  strategies and other actions that may be taken by Council to achieve the objective outlined above including, but not limited to, review and, if required, amendment of Council’s Reconciliation Action Plan and
   (b) an estimate of funding required with a view to including required resourcing in Council’s 2024-25 Budget.

Notice of Motion – Sport & Recreation Facility Project – Reporting to Council and Community Recommendation

Councillor Merri Southwood has tabled a notice of motion asking Lane Cove Council officers to implement reporting to Councillors and the community on key elements, costs and decisions in relation to the Sport and Recreation Facility project.

This request is in line with an October 2022 letter to Lane Cove Council from the Director, Sector Performance and Intervention in the Office of Local Government which included the following:

“After reviewing the additional information provided by Council, it has been determined that Council has satisfactorily addressed the criteria required in the Guidelines (Capital Expenditure Guidelines). OLG expects that Council will continue to update and amend its project documentation and reports in line with the Guidelines to include any operational or financial impacts that may arise during the project. It is also essential that clear accountability for project reporting to both Council and the community is provided throughout, so that the community is kept informed of key elements, costs and decisions made in relation to the project.”

Notice of Motion – Deferral of Council Decision on Partial Closure of Canberra Avenue Recommendation    

Councillor Merri Southwood has tabled a notice of motion asking Council to defer the consideration of Traffic Committee recommendations (if any) in respect of the partial closure of Canberra Avenue until receipt by Lane Cove Council of a report on the status of the closure in the light of the Approval issued on 30 August 2023 to Top Spring under Section 138 of the Roads Act 1993 for works that include demolition and earthworks on the portion of Canberra Avenue proposed for closure.

The suggested resolution is as follows:

That Council:-   1.         notes that Councillors had been advised prior to the meeting of 20 July 2023 that a decision on the partial closure of Canberra Avenue was required to facilitate the grant of a Construction Certificate to Top Spring   2.         notes that a Construction Certificate was issued to Top Spring on 29 September 2023 – before the 19 October 2023 meeting to consider the partial closure of Canberra Avenue   3.         notes that, as at 19 October 2023, the Construction Certificate was not on the Council website and its existence only became apparent through a reference to it in the answers to Questions on Notice in the 19 October 2023 business papers   4.         notes that on 18 October 2023 Councillors were made aware by a Councillor of the grant to Top Spring by Council of an Approval for Works on Council Property under Section 138 of the Roads Act 1993   5.         notes that this Approval included demolition and earthworks on Canberra Avenue   6.         notes that this Approval was granted on 30 August 2023, seven weeks before Council was to make a decision on the partial closure of the road for which Approval had been given for demolition   7.         notes that this Approval had not been uploaded to Council’s website and that it was not mentioned in the business papers for the 19 October 2023 meeting   8.         notes that the Approval was not stated to be conditional upon a future Council decision to partially close Canberra Avenue   9.         acknowledges that the failure to disclose on Council’s website and in the 19 October 2023 business papers the grant of the Approval in 4 above has caused community members to raise questions about Council’s commitment to transparent and meaningful community engagement in the consultation process for the partial road closure   10.      notes that Top Spring may commence works on its site as it holds a Construction Certificate   11.       notes that, under Section 140 of the Roads Act, Council may at any time revoke a consent given under Division 3 of the Act   12.       in the interests of community confidence in the integrity of Council processes, will defer consideration of recommendations that may come from the Lane Cove Traffic Committee in respect of the partial closure of Canberra Avenue until a scheduled meeting of Council that includes, in the business papers for that meeting, a report detailing the status of the closure in the light of the Approval referred to in 4 above.

The Agenda papers include the following note from The General Manager

“Councillors have previously been advised that the s138 consent under the Roads Act was issued only to facilitate the Topsprings development being able to obtain a Construction Certificate. Staff did so on the basis that s140 of the Act provides the consent can be revoked at any time without limitation. The section provides as follows:-

“140   Revocation of consents

A roads authority may at any time and for any reason revoke a consent under this Division (other than a street vending consent) by notice in writing served on the holder of the consent.”

Topspring were advised of this when they were provided with the consent. The s138 consent is subservient to the road closure process and if the road closure process is ultimately not approved, the s138 will be revoked via s140. The current status legally is, the road has not been approved for closure so the s138 approved works can not be implemented.”

Notice of Motion – Council Compliance Recommendation    

Councillor Rochelle Flood has tabled a notice of motion asking the Council to undertake a service-level review of council compliance to determine if additional resourcing is required.

The service level review should look at resourcing, capacity and council culture with respect to compliance and should be benchmarked against similarly sized metro councils.

ITC Note:  ITC has, for a considerable period of time, attended council meetings and, in the pubic forum, asked for a greater emphasis on compliance relating to large building sites (in particular traffic management plans and sediment control).   Lane Cove Council has lagged behind other councils on dedicated programmes such as Get The Site Right – read more here.

Lane Cove Council’s compliance programme has been in the news lately – read more here.

The General Manager has included the following note:

Note from General Manager

Council has provided resources in the 2023/24 year to undertake one service review. The review will be undertaken in relation to to Council’s Business Continuity Plan, including Cyber. There are currently insufficient resources available to undertake an additional review.

ITC Note:  The Lane Cove Council 2023/2024 Delivery and Operational Plans does not provide for a complete compliance review.  It is mentioned in a few places, but no general compliance review is noted.

 

Officer Reports for Determination

Presentation of Audited Annual Financial Statements – Year Ended 30 June 2023 Recommendation    

Following completion of the audit, Council’s Annual Financial Statements for the year ended 30 June 2023, together with the Auditors Report, are presented to Council.

The Local Government Act requires the audited financial reports, together with the auditor’s report be made public

The audit of the Annual Financial Statements for the year ended 30 June 2023 has been completed by Council’s Auditors – the Audit Office of NSW and Grant Thornton Australia

The Officer’s report notes that Council’s overall financial result for the for 2022/2023 Financial year was a surplus of $54.285M, including capital grants and contributions, and $5.873M, excluding capital grants and contributions.

The Council Officer’s report notes:

“The 2022/23 financial results reflect Council’s ongoing strong financial performance and position established and maintained over many years. Once again, Council exceeded industry benchmarks with the exception of the ‘own source operating revenue ratio’. This ratio was not met due to a non-cash contribution of approximately $32m, representing the value of the new public carpark and library at St Leonards, which was brought to account during the financial year. This had the impact of inflating Council’s total income for the financial year and Council falling marginally short of the benchmark target of greater than 60%. Had this transaction not occurred, Council would have comfortably exceeded the benchmark with a result of 73.1%.

Council’s ‘operating performance ratio’ for the financial year was 10.17% (the benchmark target is greater than 0%). This represents an outstanding result for Council and is evidence that Council’s financial management of its finite resources is excellent. ”

Council’s Auditors will be in attendance at the meeting to present the Auditor’s Report.

Proposed Sale of Drainage Reserve- Morrice Street and Tambourine Bay Road – Follow Up Report 

At the October 2023  Lane Cove Council Meeting the Drainage Reserve was discussed

Background

Following enquiries by residents, the Council wrote to the property owners of 1-61 Morrice Street and 22-50 Tambourine Bay Road, seeking their Expression of Interest to purchase part of the Drainage Reserve (the Reserve) which runs at the rear of their properties (Lot 165 DP 656253).

The Reserve measures approximately 411m2 and is 2m wide. Council has identified boundary irregularities in properties abutting the site whereby Council’s land has been incorporated without consent into a property for the owner’s exclusive use, this report seeks a determination as to how Council can reinstate boundaries in a fair and equitable manner.

Available options include:-

1. Property owners purchase a part of the Reserve to the rear of their property;
2. Council issue a licence for occupancy of part the of the Reserve to the rear of their property;
3. Council issue notices to vacate the Reserve and re-establish boundary fences;

The Office’s Report recommends that subject to a minimum of 50% of the relevant owners agreeing to purchase the  Reserve, the Council proceed with the sale of the land and should the minimum 50% threshold not be achieved, the Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership.

The Council-owned reserve is classified as Operational Land that was created to provide access for and / or upgrade of existing underground drainage services to the properties at 1-61 Morrice Street and 22-50 Tambourine Bay Road. Ultimately. The drainage reserve was ultimately not utilised and is surplus to Council’s requirements.

Commencing  in 2021, Council received unsolicited proposals to purchase the part of the Reserve at the rear of a number of properties.

Consequently, and prior to any further consideration, Council sought to understand the broader level of interest amongst the property owners abutting the reserve by inviting

Expressions of Interest for the land. Council received 22 yes responses from a total of 30, noting the number of property owners engaged was 46.

As part of the EOI documentation, to provide some idea of price pending a formal land valuation, Council estimated the market value of developable land at $4,000m2 against which Council would offer the purchaser a 50% discount to “market”, in light of its restricted development potential. Costs for the surveying and legal costs were estimated at $5000, and would be in addition to the land purchase price.

Council has received a total of 22 yes responses, some of which are what can be described as a “competing interest”, in that the rear- neighbouring property owner also expressed an interest in acquiring the same part of the Reserve.

The findings and recommendations suggested for the November meeting are:

Conclusion

Council’s original Expressions of Interest has created a degree of uncertainty for some property owners as they make future plans The matter at hand is not without complexity, including how best Council can administer a process that equitably attends to competing property interest(s) as previously described. As the custodians of public land, the existing property irregularities along the Reserve require the Council’s attention, such that at a minimum, boundary lines (including physical fences) must be re-established based on legal ownership. Trusting that the additional information included in this report is sufficient to progress the matter, it is proposed to progress the sale option as outlined in the report. Should less than 50% of the Reserve be capable of being sold once final offers are received, it is proposed that Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership.

 

RECOMMENDATION That Council: 1.         The report be received and noted; 2.         Subject to a minimum of 50% of the relevant owners agreeing to purchase the drainage reserve, known as Lot 165 DP 656253 Council proceed with the sale of the land; 3.         Should the minimum 50% threshold outlined in Part 2. not be achieved, Council issue notices to any property owner occupying the Reserve to vacate Council’s land and Council retain ownership and or enter into leases for the land. 4.         Delegate Authority to the General Manager to finalise Points 2. and 3, generally consistent with the process outlined in that Report.

 

Sport and Recreation Facility – Management and Operating Model Recommendation     

The Lane Cove Sport and Recreation Centre (LCRSC) project is due for completion in late-2025.

Prior to this date a management and operating model must be implemented.

The Lane Cove Council Officer’s report notes:

“The cornerstone of such a determination is striking the balance between Council maintaining all operational risks and costs versus contracting out to de-risk operational impacts on Council. This Report recommends that the Council undertake a tender process to contract out the operation of the facility with the Bistro and Golf Course Management offered as separate components, due to their specialised nature.

The key reasons outlined in the report for contracting out are based on Council’s organisation scale, capacity and risk profile.

In summary, Council’s relatively small scale, (4th smallest in the Metropolitan area), lack of management, financial resources and human resources to operate what is a unique and complex facility with a diverse mix of activities, and the potential risk to maintaining Council’s overall financial sustainability, are best served by the contracting out model.

To ensure the community’s use needs are fully understood it is recommended Council undertake a process with potential community users of the facility to understand their proposed utilisation rates of the facility, prior to the acceptance of any tender.”

The following resolution has been recommended by the Lane Cove Council Officer:

RECOMMENDATION That Council: 1.       the report be received and noted; 2.       Undertake a Request for a Key Operator which will include the option of subletting of the Management of Golf Operations including coaching and Bistro / Event disciplines; 3.       Undertake a process with potential community users of the facility to understand their proposed utilisation rates for utilisation of the facility, prior to the acceptance of any tender; 4.       Undertake a separate process to identify an operator for the Bistro / Event activities as a priority to facilitate fit-out prior to the opening of the facility; and 5.       Receive a report on the outcomes of the tender process at the appropriate time.

 

ITC Note:  Residents made requests at council forums for the operating model to be decided before the start of construction.  Some residents were concerned that without knowing the operating model, a proper financial assessment could not be undertaken of the project

Greenwich Baths Lease Arrangements – Community Consultation Outcomes Recommendation    

The following options relating to the Greenwich Baths were put out for public comment.

The website Have Your Say on Greenwich Baths received a total of 367 visits before closing on 1 November. Of the total visitors, 60 undertook the survey. When prompted to rank Options 1, 2 and 3 in order, that is stating a preferred option, the respondents voted as follows:-

• Option 1 scored 32 (53.33%)
• Option 2 scored 15 (25.00%)
• Option 3 scored 13 (21.67%)

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

That Lane Cove Council:

Enter into a 5-year lease with Bluefit Pty Ltd based on Option 1 – Open Spring/Summer with school holiday and weekend lifeguards at a rent of $10,000 per annum. 3.         Enter into a lease with TfNSW for that part of the land beyond the high mean watermark for a period matching the Bluefit Pty Ltd lease.

 

Draft Swimming Pool Inspection Program Recommendation    Minute

A Lane Cove Council Compliance Officer made allegations that the Lane Cove Council has failed to implement a Pool Safety Inspection Programme.

The Swimming Pool Act 1992 requires Councils to develop and adopt a program for the inspection of swimming pools in its area. To fulfil its legal obligations, a Council must inspect swimming pools per this programme.

Councils were given six months to implement a Mandatory Pool Safety Inspection Programme after the amendments to the Swimming Pool Act 1992 came into force in April 2016.

In April 2016, the Lane Cove Council resolved to adopt the following enforcement procedures but did not resolve to adopt a Mandatory Pool Safety Inspection Programme.  You can read more here.

Lane Cove Council offices have tabled a the draft Swimming Pool Inspection Program for  public exhibition.  Lane Cove Councillors are being asked to approve the draft programme be exhibited for public comment for 42 days.

Community Consultation Results on the Draft Revised Investment Policy Recommendation

Councillors are being asked to adopt a revised Investment Policy following public consultation. Council approved the Draft Revised Investment Policy exhibition at its 21 September 2023 meeting and the public exhibition period closed on 7 November 2023. Five (5) submissions were received during the public exhibition period. The Lane Cove Council’s officer Report is recommending Council adopt the Draft Revised Investment Policy.

Committee Member Appointment – The Age-Friendly Lane Cove Committee Recommendation

Councillors are being asked to endorse Bruce Fraser and Bev Young for the Age-Friendly Advisory Committee.

Council Policies Review – Part 2 Recommendation   

The Lane Cove Council Officer’s report recommends readoption, of the following policies as part of the second tranche of policies that will be reviewed over the balance of the Council term:  The Lane Cove Council’s officer report has provided the following commentary on the policies being reviewed:

Contributions to Common Boundary Fences Policy

The purpose of this policy is to make clear Council’s position in relation to its obligations under the Dividing Fences Act, 1991.

This policy has been reviewed with no amendments required.

Enforcement Policy

This Policy provides structure for consistency and transparency in regulatory activities and enforcement actions and facilitates a proportional approach to compliance and enforcement.

The Policy provides guidelines and protocols for Council staff in the management of regulatory activities which will assist Council staff to act promptly, effectively and consistently in response to allegations of unlawful activity.

This policy has been reviewed with no amendments required.

Keeping Animals Policy

This policy informs the Lane Cove community of Council’s regulatory powers concerning keeping animals in the urban environment. The policy aims to; minimise the incidence of nuisance caused by animals, protect the welfare of companion and domestic animals, protect the welfare and habitat of native fauna, minimise the disturbance and damage to protected vegetation and inform the community of the main statutory restrictions and acceptable limits which apply to the keeping of animals for domestic purposes.

This policy has been reviewed with no amendments required.

Trees and Tree Root Damage Claims Policy

This policy establishes the basis for the treatment of claims for reimbursement of the cost of injury or repair to damaged property alleged to have been caused by trees growing on Council land.

This policy has been reviewed with minor administrative amendments, including a more generic reference to Council’s insurer.

Street Parties: Traffic and Parking Arrangements Policy

This policy defines the requirements for short term road closures for street parties in local roads that have either: low traffic volumes, requiring Council approval; or high traffic volumes, requiring a Traffic Management Plan (TMP) and RMS approval.

This policy has been reviewed with minor administrative amendments, including changing Roads and Maritime Services (RMS) to Transport for NSW (TfNSW).

Public Interest Disclosures – Internal Reporting Policy

All agencies in NSW are required to have a Public Interest Disclosure (PID) Policy under section 42 of the Public Interest Disclosures Act 2022 (PID Act). Council’s Public Interest Disclosures – Internal Reporting Policy has been reviewed in line with the Public Interest Disclosures Act 2022.

The NSW Ombudsman released an “Overview of the new Public Interest Disclosure Act 2022” and “Developing your Public Interest Disclosure Policy Guidelines”  that contains a Model PID Policy (Model Policy).

In order to adhere to the requirements of the PID Act 2022, the Draft Policy (AT-6) is the adopted NSW Ombudsman Model Policy , with only necessary administrative changes required to align with Council’s policy structures, formats and references to other related documents.

2023/24 Budget – First Quarter Review Recommendation

Summary of Budget Movements below

 

Delivery Program and Operational Plan – 2023/24 First Quarter Review. Recommendation

Lane Cove Council adopted the 2023/24 Delivery Program and Operational Plan on 22 June 2023.

Council’s 2023/24 Delivery Program and Operational Plan outlines the strategies, actions and new initiatives proposed to be undertaken during the financial year in order to advance the goals and objectives of the Community Strategic Plan: Liveable Lane Cove: 2035.

The Lane Cove Council officer’s report lists the following highlights in the First Quarter.

• Grand Opening of Wadanggari Park and Community Day,
• Official opening of St Leonards Library,
• Commencement ceremony and ‘turning of the sod’ for the new Sport and Recreation Centre,
• A total of 14 community engagement opportunities were offered through the Have Your Say (EHQ) platform during the first quarter of 2023/24,
• The Lane Cove Festival’s ‘Celebrate Culture’ segment in September featured four multicultural events, including a culinary event, guided bus tour, an open house and a children’s festival,
• An Open Day event for World Alzheimer’s Day was hosted by Community Services at Gallery Lane Cove,
• Council-organised programs this quarter encompassed events such as Morning Swing Dance at The Plaza, Men’s Cooking sessions, and a Dementia Open Day at Gallery Lane Cove,
• Council’s annual Community Assistance Grants presentation took place,
• Council secured funding from the Sydney North Health Network to implement a community-led resilience program aimed at supporting vulnerable community members,
• A total of 263 plants were supplied by Council to ‘On The Verge’ for nature strips and pocket parks,
• National Tree Day saw 51 participants planting 700 shrubs provided by Council’s community nursery,
• The Lane Cove Community Nursery distributed a total of 3,892 plants through various Council programs, including Bush Friends, Backyard Habitat, Bushcare, Bushland events, citizenship ceremonies, Bush Regeneration Contractors, Council Landscapers, National Tree Day, and Schools Tree Day,
• Screening of Matilda games at The Canopy,
• Youth Centre Open Day,
• Launch of the Lane Cove Festival,
• Lane Cove Art Award Ceremony,
• Jelly Bean Jam Concert,
• Internal Audit Assessment of Council’s Integrated Planning and Reporting Framework. The review concluded that the framework is ‘strong,’ and management’s approach is ‘proactive’,
• Recruitment of new external independent members to the Audit, Risk, and Improvement Committee.

Lane Cove Council Draft Annual Report 2022/23 Recommendation

Each year NSW Councils are required to prepare an annual report.  Lane Cove Council has prepared a draft Annual Report and if approved it will be sent to the Minister for Local Government and displayed on the Council’s website.

The Annual Report is required to list the Lane Cove Council’s General Manager’s annual remuneration package.  The following has been included in the report:

“Five (5) senior staff were employed by the council during the year. These include the General Manager, and Executive Managers of Human Services, Environmental Services, Open Space and Urban Services and Corporate Services. The total amount payable in respect of the employment of senior staff, including salary, superannuation, fringe benefits and all other on-costs was $1,451,192 which includes $452,286 payable to the General Manager.”

 

Officer Reports for Information

Audit, Risk and Improvement Committee – 2022/23 Annual Report Recommendation  

The Audit, Risk and Improvement Committee Annual Report has been prepared for the benefit of Council and the community. A copy of the Annual Report will be publicly accessible via the ‘Plans and Publications’ section on Council’s website.

Council Snapshot October 2023    

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.