Logo Watermark

Agenda

Ordinary Council Meeting

23 November 2023

Council will commence consideration of

all business paper agenda items at 7.00 pm.

LC_WebBanner

Notice of Meeting

Dear Councillors,

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers on Thursday 23 November 2023 commencing at 7:00 PM. The business to be transacted at the meeting is included in this business paper.

In accordance with clause 3.26 of the Code of Meeting Practice Councillors are reminded of their oath or affirmation of office made under section 233A of the Act, and of their obligations under the Council’s Code of Conduct to disclose and appropriately manage conflicts of interest.

Yours faithfully

Craig - GM

Craig Wrightson

General Manager

Council Meeting Procedures

The Council meeting is chaired by the Mayor, Councillor Scott Bennison. 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 5.00 pm on the Tuesday 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.

The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (Wednesday, 22 November 2023) and a Zoom meeting link will be emailed to the provided email address of those registered as an online speaker. Please note that the time limit of three minutes per address still applies, so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).

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. Should you require assistance to participate in the meeting due to a disability; or wish to obtain further information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.

DECLARATIONS OF INTEREST

APOLOGIES

ACKNOWLEDGEMENT TO COUNTRY

MINUTE OF SILENCE FOR RELECTION OR PRAYER

NOTICE OF WEBCASTING OF MEETING

public forum

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

CONFIRMATION OF MINUTES

1. ORDINARY COUNCIL MEETING - 19 OCTOBER 2023

Mayoral Minutes

2. Mayoral Minute - DA Processing Times........................................................... 6

Orders Of The Day

Notices of Motion

3. Notice of Motion - Support for Early Childhood Education in the Local Government Sector................................................................................... 7

4. Notice of Motion - Howarth Road Parking Issues..................................... 9

5. Notice of Motion - Affirmation of Commitment to Reconciliation.. 10

6. Notice of Motion - Sport & Recreation Facility Project - Reporting to Council and Community........................................................................................ 13

7. Notice of Motion - Deferral of Council Decision on Partial Closure of Canberra Avenue............................................................................................. 16

8. Notice of Motion - Council Compliance........................................................ 22

Officer Reports for Determination

9. Presentation of Audited Annual Financial Statements - Year Ended 30 June 2023...................................................................................................................... 23

10. Proposed Sale of Drainage Reserve- Morrice Street and Tambourine Bay Road - Follow Up Report............................................................................ 25

11. Sport and Recreation Facility - Management and Operating Model 29

12. Greenwich Baths Lease Arrangements - Community Consultation Outcomes.................................................................................................................... 39

13. Draft Swimming Pool Inspection Program................................................. 42

14. Community Consultation Results on the Draft Revised Investment Policy........................................................................................................................... 57

15. Committee Member Appointment - The Age-Friendly Lane Cove Committee................................................................................................................... 59

16. Council Policies Review - Part 2...................................................................... 61

17. 2023/24 Budget - First Quarter Review........................................................... 64

18. Delivery Program and Operational Plan - 2023/24 First Quarter Review.......................................................................................................................... 78

19. Lane Cove Council Draft Annual Report 2022/23..................................... 80

Officer Reports for Information

20. Audit, Risk and Improvement Committee - 2022/23 Annual Report..... 82

21. Council Snapshot - October 2023.................................................................... 84

Questions With Notice

22. Question with Notice - Toy Library................................................................ 85

23. Question With Notice - Viva Pipeline Licence.............................................. 86

24. Question With Notice - Sport & Recreation Facility - Contamination 88

25. Question With Notice - Sediment Control................................................... 89

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

Confidential Items

26. Mayoral Minute - General Manager's Performance Plan 2023/24

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

Ordinary Council Meeting 23 November 2023

Notice of Motion - Affirmation of Commitment to Reconciliation

Subject: Notice of Motion - Affirmation of Commitment to Reconciliation

Record No: SU9496 - 67447/23

Division: Lane Cove Council

Author(s): Councillor Kathy Bryla; Councillor Rochelle Flood; Councillor Bridget Kennedy; Councillor Merri Southwood

Executive Summary

A motion to affirm support for constitutional recognition for Aboriginal and Torres Strait Islander peoples and to prioritise Council strategies and actions to walking with Aboriginal and Torres Strait Islander peoples for a better future as outlined in the Uluru Statement from the Heart.

Background

In the meeting of 20 July 2023 Council passed the following resolution (114/2023):-

1. Affirms its support for constitutional recognition for Aboriginal and Torres Strait islander people through a Voice to Parliament;

2. Affirms its support for the actions proposed in Resolutions 67/2023 and 68/2023;

3. Authorises the display of on-line and free promotional materials (consistent with legislative requirements) in support of a Yes vote in the forthcoming referendum on constitutional change to give effect to the Voice to Parliament;

4. Endorses the Mayor to authorise any material that requires authorisation, subject to any applicable legal obligations;

5. Notes that Council may be required to report and declare any financial assistance provided in accordance with the applicable legislation from time to time; and

6. Participates or partners with other LGAs to hold community information events on the referendum.

The National Referendum on The Voice to Parliament was not supported by the required majority of voters in the majority of states.

However, majority support for the National Referendum was consistent across all polling booths in the Lane Cove LGA as follows:-.

Polling Place Name	Location	Yes votes	Total votes	% Yes
Greenwich	Greenwich Public School	384	588	65.3%
Greenwich North	Greenwich Community Centre	933	1338	69.7%
Lane Cove	Lane Cove Public School	654	986	66.3%
Lane Cove East	Lane Cove Council Civic Centre	1330	2236	59.5%
Lane Cove North	Mowbray Public School	1585	2534	62.5%
Lane Cove North Central	Holy Trinity Church Hall	450	743	60.6%
Lane Cove South	LCM Churches	773	1126	68.7%
Lane Cove West	Lane Cove Bowling and Recreation Club	1074	1822	58.9%
Lane Cove West Central	Lane Cove West Public School	858	1367	62.8%
Longueville	St Andrews Uniting Church	1003	1678	59.8%

These results demonstrate that the majority of voters in the Lane Cove LGA support The Voice to Parliament.

And across the North Sydney federal electorate, 61.692% of votes were cast in favour of The Voice to Parliament.

Council, therefore, has a strong mandate to listen to First Nations peoples and to work together with them towards closing the gap between Indigenous and non-Indigenous communities.

RECOMMENDATION

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:-

(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.

Councillor Kathy Bryla

Councillor

Councillor Rochelle Flood

Councillor

Councillor Bridget Kennedy

Councillor

Councillor Merri Southwood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 November 2023

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

Subject: Notice of Motion - Sport & Recreation Facility Project - Reporting to Council and Community

Record No: SU9115 - 67455/23

Division: Lane Cove Council

Author(s): Councillor Merri Southwood

Executive Summary

A motion to implement reporting to Councillors and the community on key elements, costs and decisions in relation to the Sport and Recreation Facility project.

Background

Council’s Strategic Objectives for transparency and accountability

Objective 6.1 of Council’s Community Strategic Plan states that Council’s long-term objectives for governance are:

· To ensure the highest possible standards of integrity, ethical governance, accountability and transparency across the organisation.

· To support a culture of positive leadership and guide well informed decisions that advance community priorities.

The Sport and Recreation Facility is a major capital works project involving the expenditure of approximately $75 million.

The Office of Local Government requires Council to put in place mechanisms for reporting on aspects of infrastructure projects such as the Sport and Recreation Facility.

Furthermore, many community members wish to be informed about the rollout of the project.

Requirements of Office of Local Government

On 20 July 2023 Council resolved (115/2023), in respect of the Sport and Recreation Facility project to

“…4. Delegate authority to the General Manager to enter into negotiations with ADCO Group Pty Ltd and/or ADCO Constructions 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;…”

Under the Office of Local Government Capital Expenditure Guidelines https://www.olg.nsw.gov.au/wp-content/uploads/Capital-Expenditure-Guidelines-2010.pdf Council was required to notify the Office of Local Government of the proposed Sport and Recreation Facility project and, given that its cost was forecast to exceed $10 million, to complete additional reporting requirements.

On 11 October 2022 Council received a letter from the Director, Sector Performance and Intervention in the Office of Local Government as follows:-

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.

The Reporting requirements under the Local Government Capital Expenditure Guidelines state as follows:-

12 Reporting

Councils must put mechanisms in place to report on all aspects of the project. Minimum reporting requirements for all capital expenditure projects include:

§ quarterly reporting to the council on the progress of the project

§ quarterly reporting to the council on the costs and budget variances regarding the project. Where costs and budget variances are reported by line item, the report should also include the impact on the total project

§ any issue that may have an adverse impact on the project (this may include monetary and non-monetary inputs and outcomes). The risk management plan may be relevant in this regard

§ reporting capital works projects in council’s annual report, which is considered to be best practice.

RECOMMENDATION

That Council:-

(a) notes the requirement of the Director, Sector Performance and Intervention in the Office of Local Government in the letter to Council of 11 October 2022 that it is essential that clear accountability for Sport and Recreation Facility 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.

(b) notes Section 12 Reporting in the Office of Local Government Capital Expenditure Guidelines December 2010 requires Council to put mechanisms in place to report on all aspects of a project and that the minimum reporting requirements for all capital expenditure projects include:-

(i) quarterly reporting to the council on the progress of the project

(ii) quarterly reporting to the council on the costs and budget variances regarding the project. Where costs and budget variances are reported by line item, the report should also include the impact on the total project.

(iii) any issue that may have an adverse impact on the project (this may include monetary and non-monetary inputs and outcomes). The risk management plan may be relevant in this regard.

(c) will receive a quarterly report in respect of the Sport and Recreation Facility project detailing the information outlined in Section 12 Reporting of the Office of Local Government Capital Expenditure Guidelines December 2010.

(d) will provide to the community in a timely manner information about key elements, costs and decisions made in relation to the Sport and Recreation Facility Project.

Note from General Manager

The Office of Local Government has already determined that Council has satisfactorily addressed the criteria required in the Guidelines, noting that the Office does not have the authority to approve or reject a capital project. The Capital Expenditure Guidelines have been designed to encourage Councils to follow a consistent approach to capital project assessment, evaluation and reporting. The OLG do not have a prescribed format or template that Councils must use in discharging their reporting responsibilities. It should be noted that Council is already reporting to Council and the community the progress of the project and will continue to do so throughout the life of the project via Council’s Website, the Quarterly Delivery Program and Operational Plan Status Reports, Updates provided in the Monthly Snapshot Reports, Quarterly Budget Reviews should budget variations eventuate and the Annual Report/End of Term Report. This is the same as used for The Canopy project which met the needs of Councillors and the community

Councillor Merri Southwood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 November 2023

Notice of Motion - Deferral of Council Decision on Partial Closure of Canberra Avenue

Subject: Notice of Motion - Deferral of Council Decision on Partial Closure of Canberra Avenue

Record No: SU1326 - 67463/23

Division: Lane Cove Council

Author(s): Councillor Merri Southwood

Executive Summary

A motion to defer Council’s consideration of Traffic Committee recommendations (if any) in respect of the partial closure of Canberra Avenue until receipt by 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 includes demolition and earthworks on the portion of Canberra Avenue proposed for closure.

Background

1. Council’s commitment to transparent and meaningful community engagement.

Objective 6.1 of Council’s Community Strategic Plan states that Council’s long term objectives for governance are:-

• To ensure the highest possible standards of integrity, ethical governance, accountability and transparency across the organisation.

• To support a culture of positive leadership and guide well informed decisions that advance community priorities.

Council’s Community Engagement Strategy (adopted February 2023) states on p 15 that “Lane Cove Council is committed to transparent and meaningful community engagement”.

The community consultation process conducted in respect of the partial closure of Canberra Avenue has led to concerns that both Councillors and the community did not have access to important information required to make informed comment and informed decisions in respect of the closure.

2. Consultation timeline

(a) Council Resolution 68/2020

In a Council Meeting on 11 May 2020 Council passed the following clause, being part of Resolution 68/2020

G. Subject to Ministerial approval of Planning Proposal 25:-

a. commence the process to close Canberra Avenue, between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park once the section 7.11 Plan funding has been confirmed.

b. extend the community consultation to the area bound by Pacific Highway, North Shore Railway Line, River Road and Greenwich Road or broader if determined to do so.

Clause G was subject to Ministerial approval of the St Leonards South Master Plan (Planning Proposal 25) but did not form part of the St Leonards South Master Plan.

The LEP amendments consequent upon the approval of Planning Proposal 25 were gazetted on 31 August 2020.

The St Leonards South Section 7.11 Plan was approved by IPART in December 2021.

(b) Council Resolutions 23/2022 and 148/2022

On 21 February 2022 Council passed, by unanimous vote, Resolution 23/2022 which included the following clauses:-

6. No action will be taken in respect of any future closure of Canberra Avenue without a further resolution of Council to commence the road closure process; and

7. Council will consult in respect of this road closure with the community within the area bounded by Pacific Highway, North Shore Railway Line, River Road (including Wollstonecraft residents fronting River Rd, opposite Newlands Park and in Boronia St) and Greenwich Road or broader if determined to do so.

On 21 July 2022 Council received a report on traffic modelling in St Leonards South and passed, by unanimous vote, Resolution 148/2022 as follows:-

1. The report be received and noted;

2. Council receive a further report once construction of projects in Canberra Avenue have commenced, outlining the process to consider a road closure, including the associated consultation processes and proposed design/configuration of the Duntroon Ave/Canberra Avenue intersection; and

3. Council affirms Item 6 of resolution 23/2022 that no action will be taken in respect of any future closure of Canberra Avenue without a further resolution of Council to commence the road closure process.

(c) Advice to Council that Top Spring required a decision on the partial closure of Canberra Avenue to secure a Construction Certificate to commence work on its site

The General Manager has advised that In June 2023 Council was notified by Top Spring (the developer of a St Leonards South site with frontage on to Canberra Avenue) that it needed Council to confirm whether or not Canberra Avenue is to be closed so it could develop a design for approval by Council to comply with Condition A.8.P of its DA consent conditions.

Councillors were advised that Council needed to make a decision on the partial closure of Canberra Avenue to facilitate the grant of a Construction Certificate to Top Spring to allow it to commence construction on its site and to facilitate payment of Section 7.11 funds.

This requirement had not been previously advised to Councillors, nor was it referenced in the report to Council for the Council meeting on 20 July 2023.

(d) Council Resolution 119/2023

On 20 July 2023 the following Resolution 119/2023 was passed by unanimous vote of Council:-

1. The report be received and noted;

2. Undertake Community Consultation and public notification for the partial closure of Canberra Avenue between River Road at its intersection with Duntroon Avenue to integrate the land into Newlands Park, as outlined in the report;

3. A further report on the outcome of the Community Consultation be submitted to Council for a decision on the road closure by Council.

4. During the consultation period, Council holds a site inspection with Councillors and residents at the intersection of Duntroon Avenue and River Road during the morning and evening peak hour periods.

(e) Road Closure Consultation Process

The process for the closure of Canberra Avenue was governed by Sections 38B and 38C of the Roads Act (NSW).

Notification of the proposed closure was provided in accordance with Clause 7 of Resolution 23/2022.

It commenced on 18 August 2023 and closed on 1 October 2023.

The notification letter to residents stated:-

“Any comments received will be reviewed and evaluated to determine next steps for this proposal… After considering any submissions Council will make a decision on whether to proceed with the partial closure and expansion of Newlands Park. A report on the outcome is scheduled for council’s October 2023 meeting”.

(f) Report to Council for meeting 19 October 2023

The report on consultation results for the partial closure of Canberra Avenue was included in Item 7 of the business papers for the Council meeting of 19 October 2023 (released on 12 October 2023).

The report noted that, as at 3 October, 114 responses to consultation had been received with 88% objecting to the road closure proposal. It also noted that Council received 50 written submissions outside of the formal consultation format.

The report recommended that Council “Formally resolves to close that part of Canberra Avenue at its intersection with Duntroon Avenue and integrate the land into Newlands Park;”

(g) Response to Question with Notice 10 in business papers for meeting of 19 October 2023

In a separate item on the business papers the following response was provided to Question with Notice 10.

Question 10 What is the amount payable to Council by way of Section 7.11 funds upon issue of the Construction Certificates for the entire Top Spring development?

Answer s7.11 contributions are paid in proportion to the number of dwellings included in each CC. To date they have obtained a CC for stage 1 and paid $5,149M. The total s7.11 for all stages is $9.99M.

The issue of a Construction Certificate to Top Spring was not included in the report for Item 7.

(h) 17 October 2023 disclosure by community member of Construction Certificate dated 29 September 2023

17 October2023 disclosure by community member of Council Approval for Works on Council Property (including demolition of Canberra Avenue) under Section 138 of the Roads Act 1993 dated 30 August 2023

On 17 October 2023 (two days before the Council meeting of 19 October 2023), a community member received from Council copies of the following documents:-

(a) Construction Certificate No 202159/05 issued to Top Spring on 29 September 2023.

This Construction Certificate was issued over 3 weeks before the Council meeting of 19 October 2023.

(b) Approval for Works on Council Property under Section 138 of the Roads Act 1993 on Council letter head, signed by a Council Development Engineer and dated 30 August 2023. This document was appended to the above Construction Certificate.

This Approval included the following works:-

Canberra Avenue/Newlands Park

Demolition and Earthworks

Sediment and erosion control

Demolish Canberra Avenue and remove road to natural subgrade

Demolish kerb and gutter

Bulk earthworks

Concrete Works

New kerb and gutter including deeplift asphalt

Stormwater

Stormwater drainage works

New kerb inlet pits

Stormwater connection to existing pits

Subsoil drainage

Softscape

Import clean fill to replace demolished road to match new levels

Turf including topsoil

Services

Raise service access pits to match new levels.

The above Approval was not expressed to be subject to Council’s approval of the partial closure of Canberra Avenue, notwithstanding that the road closure consultation process still had a month to run and that Councill was not due to make a decision in relation to the road closure until its meeting of 19 October 2023.

Neither document (a) or (b) had been uploaded to the Council website, nor had they been mentioned in the Council report for the meeting of 19 October 2023, when the partial closure of Canberra Avenue was to be considered.

The documents were uploaded to the Council website in the week following the Council meeting of 19 October 2023.

(i) Council Resolution 200/2023

On 19 October 2023 Council resolved 4-4 (the Mayor exercised a casting vote) as follows:-

That Council

1. Confirms its intention to formally close that part of Canberra Avenue between its intersection with Duntroon Avenue and its intersection with River Road and integrate the land into Newlands Park, with public vehicle access to be retained until at least 1 November 2025 and near completion of the adjacent development;

2. Refer the proposed closure and roundabout at the Canberra Avenue/Duntroon Avenue intersection to the Lane Cove Traffic Committee for comment; and

3. Develop Masterplan for the upgrade of Newlands Park to consider the possible widening of Duntroon Avenue to improve the access for two-way traffic.

(j) Referral to Traffic Committee and subsequent consideration by Council

The proposal for partial closure of Canberra Avenue is required to be referred to the Lane Cove Traffic Committee and it is expected that this will have happened prior to the Council meeting of 23 November.

The Recommendations of the Lane Cove Traffic Committee in respect of the partial closure of Canberra Avenue will come back to a future Council meeting for adoption.

Note from 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.

RECOMMENDATION

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.

Note from General Manager

“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.”

Councillor Merri Southwood

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 23 November 2023

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

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

Record No: SU2620 - 64584/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council considered a report at the October 2023 Meeting (AT-1) on the proposed sale of a Drainage Reserve between rear-facing properties on Morrice St and Tambourine Bay Road. Council resolved that:-

“Consideration of the matter be deferred to the November Ordinary Council Meeting with a report for that meeting to address the matters raised during the October Council Meeting.

This report addresses the address the matters raised during the October Council Meeting and reaffirms the recommendation to the original report to proceed with a sale process for adjoining owners.

This report addresses the address the matters raised during the October Council Meeting and reaffirms the recommendation to the original report.

Background

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.

Council invited Expressions of Interest for the land and 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.

Included within the 22 ‘yes’ responses were “competing interest(s)”, whereupon the rear-neighbouring property owner also expressed an interest in acquiring that same part of the land.

The following issues and questions were raised by the Morrice Street and Tambourine Bay Road residents and included in the October 2023 Report for Council consideration:-

1. Contested (competing interest) properties should be permitted to split equally;

Response: The competing interest scenario (17 contested properties) raises the question of what process will Council employ such that each of the opposite rear-facing property owners have an equal opportunity to purchase part of the Reserve. It is proposed that if the owners wish to split the land, they can mutually propose splitting the land and associated costs. Failing this, where there is a competing interest, Council can provide each owner a period of 21 days to lodge a bid above the prescribed rate (in this case $2,000) and the highest bidder can purchase part of the Reserve plus their share of costs.

2. Why should the purchaser bear the transaction costs;

Response: Council has received indicative pricing from a Registered Surveyor and our in-house lawyer to undertake a survey and prepare all the necessary documentation for purchase. Council proposes these costs are shared equally amongst the purchasers which would equate to approximately $5,000 per property. If Council was to pay these costs essentially Council would lose a significant % of the proceeds for it's land.

3. If neither of the opposite rear-facing properties wish to purchase, what happens then; Should new boundary “irregularities” come to pass, how will Council maintain the un-purchased parcels;

Response: Two options are open to Council, namely: Council issue a licence for occupation; or issue a notice to vacate the Reserve and re-establish the boundary (and fences) to their rightful location. If this fails and the land becomes landlocked and Council would not be able to maintain the land.

4. To alleviate funding constraints, would Council consider a repayment schedule for the purchaser;

Response: Could offer payment options and record the debt against the Rating record.

5. Should a licence for occupation prevail, how would annual rent be calculated;

Response: Council would seek a 5% return based on the land valuation, determined as outlined earlier in the report.

6. Should an order be issued, whose cost for the demolition of structures;

Response: The owner of the land is responsible for the cost of removing the illegal structures.

7. Unable to reconcile Morrice St / Tambourine Bay map with currently held survey received at date of purchase;

Response: The proposed survey will accurately determine boundaries and resolve any perceived discrepancies.

8. Substantial gum tree at one property straddling the fence line;

Response: Trees located on a property boundary are not on common there is no reason why boundary cannot pass through a tree.

9. Is consent required from all properties to proceed;

Response: No, the boundary does not need to be a straight line

10. Council land should remain as Council land;

Response: Council has no use for the land and it is not suitable for public recreation or as a pedestrian pathway as it has no public access, as it is land locked.

Discussion

Residents from a small number of properties presented their case including questions during the October 2023 Council Meeting Public Forum, the following key matters were raised:

1. Has Council considered a scenario whereby one interested purchaser rear-faces more than one property and has expressed an interest to purchase; Can a multi-property purchaser withdraw their interest if they are unable to secure all of the rear-facing properties?

Response : The vast majority of properties have one or two rear facing neighbours, and the area of land to be acquired is circa 25sqm, valued at approximately $55,000 including costs. There is a scenario where one property has three rear-facing properties totaling approximately 52 sqm which equates to a value of approximately $105,000 including costs. If the owner makes an offer to purchase, it is reasonable to acknowledge that they may only wish to acquire all or none of the land, and therefore they would be permitted to withdraw their offer if the whole 52sqm is not available to them.

2. Will Council offer the opportunity to pay off the cost?;

Response : Council has investigated this matter further and has determined that the previously proposed option of a repayment over time cannot be registered against the rating record for the property to provide security over the debt. Whilst it can be registered on the title as a “dealing” (caveat), Council will not have the security of a mortgage. Given the risk, it is not proposed to offer this option.

3. Will a formal valuation and / or legal advice be sought prior to Council determining next steps?

Response : Council will not be seeking a formal valuation nor legal advice in advance of a Council resolution to proceed with the process. Council will obtain a formal valuation prior to making the offer to purchase, the rate will be consistently applied on a per sqm basis.

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.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Proposed Sale of Drainage Reserve - Morrice St and Tambourine Bay Road

3 Pages

Available Electronically

Ordinary Council Meeting 23 November 2023

Sport and Recreation Facility - Management and Operating Model

Subject: Sport and Recreation Facility - Management and Operating Model

Record No: SU9115 - 56049/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

The Lane Cove Sport and Recreation Centre (LCRSC) project is due for completion in late-2025, well in advance of this date Council must establish the most appropriate management and operating model for the LCSRC. 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 Council undertake a tender process to contract out 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, (4^th 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.

Background

Council, at its meeting of 23 March 2023, when considering the “Sport and Recreation Facility - March 2023 Progress Report”, resolved in part:-

“5. Resolves that the management/operational model for the Sport and Recreation Facility will be determined by Council and that a report be prepared on the available options including modelling of financial feasibility of a Council operated Sport and Recreation Facility;”

Since that resolution, the Council has determined to proceed with construction of the LCSRC and this report provides background as to options regarding future management of the facility.

Discussion

History of Council’s Consideration of the Business Model

In August 2018, Council released an Expressions of Interest (EOI) titled “Build and Operate the Lane Cove Recreation Precinct” (AT-1) as the first of two (2) stages in a procurement strategy to best understand market interest in the LCSRC. The proposed centre is unique in that it seeks to introduce a very broad range of sporting activities at the one location. This is consistent with the Council's previous resolutions in November 2020, February 2022, and August 2022 to look to diversify recreation and sporting opportunities (rather than allow single sports to dominate) on the site given the lack of financial viability of the current (at the time) offerings on the site. Each of the Resolutions included a Community Consultation aspect to understand the broader needs of the Lane Cove LGA from a sport, recreation and amenity perspective including scale and location.

The EOI outlined the project as “The Recreation Precinct will operate and maintain a Golf Course and provide a variety of other recreation, dining, function space, health, fitness and leisure program opportunities. Council will consider options where organisations contribute capital or seek Council to contribute capital, or a combination of both, to deliver the facility. Organisations can seek to participate in all or particular offerings to be provided in the facility, e.g. food and beverage only as a specialty operator.”

Three (3) responses were received for the entire facility (Key Operators) and three (3) submissions were received indicating interest in individual components of activities that could occur on the site.

The key outcomes from the EOI process and subsequent post-response meetings were:-

· The amount of capital contribution available from the Key Operators was circa $10m, which was not significant in terms of the overall funding for the project. Any capital contribution by the Key Operators would also attract a high Return On Investment (ROI) for them, and Council had access to much less expensive capital. It became evident Council would need to fully finance the project.

· The Key Operators independently formed the view that golf operations were the “weak link” in the project, and they would prefer not to operate golf.

· There were entities interested in the golf operations component only.

· Single discipline expertise may also be required for the food and beverage offerings (one Key Operator responded on a partnership basis with an established restauranteur).

· The facility is viable (subsidy would not be required) with a mix of community and commercial facility components, activities and programs;

· Council’s design intent of multi-purpose, scalable and flexible spaces was supported.

In May 2021, Xypher Sport + Leisure prepared a Business Case and Business Model based on the original nine (9) multi-sport court scheme. These reports were subsequently updated and revised in September 2022 (AT-2) reflecting the reduction to eight (8) multi-sport courts in support of Council’s grant application (ultimately successful) under the NSW Government Multi Sport Community Facility Fund.

These reports were on the basis of the outcomes of the EOI process, with the Key Operator not contributing capital, revenue from Food and Beverage was also excluded, given the main purpose was to understand whether the facility was viable (subsidy would not be required) with a mix of community and commercial facility components (including merchandise and a small retail offering akin to a kiosk), activities and programs;

Separately Council has Discussed the Operation of Various Similar Facilities, these include:-

1. Willoughby Leisure Centre: In-House Operate, with a Subsidy;

2. Hornsby and Galston Aquatic and Leisure Centres: In-House Operate, no Subsidy;

3. Ku-ring-gai Fitness and Aquatic Centre: Externally managed by YMCA;

4. North Sydney Pool and Gym: In-House Operate, previously sub-contracted learn to swim;

5. North Sydney (Crows Nest) Indoor Sports Centre: Externally managed, no subsidy;

6. Ryde Aquatic Leisure Centre: In-House Operate;

7. Canada Bay Council – Concord Oval Gym and Recreation Centre: In-House Operate, no Subsidy;

8. Mosman Aquatic Centre (Externally managed, no subsidy) and 2 x Indoor Courts In-House Operate.

Clearly, there are a variety of models for the operation of similar facilities, and therefore Council must ultimately determine its priorities and risk appetite for operations*. More specifically, and to expand upon Operation and Management models there are essentially four options:-

1. Internal (In-House) Management, Council retain all operational risks and costs.

2. External (outsourced) Management, Council retain all operational risks and costs.

3. Council Business Enterprise (Special Purpose Vehicle / Entity owning management rights – not common in NSW and Ministerial approval required). Council trasnfer all operational risks and costs.

4. Full External Operations - Lease and licence agreements. Council trasnfer all operational risks and costs.

When it comes to the future management of the LCSRC, the following important and strategic outcomes have been identified, in priority order:-

· Operating Sustainability – LCSRC does not incur an operating loss;

· Market Responsiveness – Management can make changes in response to demand:

· Asset Management – future maintenance and repairs are adequately provided for in Council budgets; and

· Long-term financial sustainability – all future costs including refurbishment and capital replacement are financed by LCSRC profits and Council is not dependent on external (grant) nor internal funding to develop them;

The Benefits of In-House Operation vs Contracting Out

The following provides a summary of the key benefits generally of operating facilities In-House vs Contracting Out.

Benefits of In-House Operation:

1. Direct Control: Managing a sports facility In-House provides a high degree of control over its daily operations and decision-making. This control can extend to setting specific policies, creating unique programming, and tailoring services to meet the community and council's requirements.

2. Alignment with Council’s Objectives: In-House management ensures that the sports facility is aligned with the objectives and values in Council’s IP&R and other planning frameworks.

3. Community Engagement: In-House management fosters a direct connection with the local community to allow Council to develop and deliver programs that are finely tuned to their specific needs and preferences.

4. Increased Revenue Potential: By managing the facility directly, Council can capture 100% of the generated revenue.

5. Investment Control: In-House management provides complete control over decisions regarding facility operational maintenance and upgrades. This control ensures that the facility is well maintained and continually improved according to Council's standards.

Benefits of Contracting Out:

1. Expertise and Efficiency: Third-party management companies bring extensive industry expertise and a track record of efficient facility operation. Their specialised knowledge can lead to cost savings and optimised resource allocation.

2. Reduced Administrative Burden: Contracting out transfers the operational and administrative responsibilities to the operator, reducing Council’s workload and cost(s). This allows Council management to allocate more time to core activities.

3. Risk Mitigation: The Key Operator assumes the financial and staffing risks associated with facility operations, serving as a protective buffer for Council and ensuring that unexpected financial challenges are mitigated.

4. Access to Networks and Resources: Key Operators possess well-established industry networks and access to marketing resources, which can boost event bookings, attract sponsors, and expand the user base of the facility.

5. Flexibility: Contracted management offers adaptability in response to market dynamics and changing community needs. It allows for swift adjustments in programming, pricing structures, and operational strategies to ensure the facility remains competitive and relevant.

6. Profit-Sharing Models: Profit-sharing arrangements, which provide Council with a share of the facility's profits, typically over and above a threshold, serve as an additional source of revenue without downside revenue risk for Council.

Aquatics & Recreation Victoria (ARV) tabled a research paper in August 2023 as a “Guide to Maximising Management Outcomes for Your Council and Community” (AT-4). ARV is the Victorian peak (industry) body and receive funding from the Victorian State Government. At a high level, the Guide was developed to support “LGA’s in determining the most effective and efficient way to manage their Aquatic and Recreation Centres whilst maximising the social, health and well-being outcomes of their local communities”. The research paper includes a “Decision Making Matrix” that is aligned with Council’s understanding of the risks and benefits associated with determining the appropriate management and operating model and is captured in the Conclusion of this Report.

The State of Victoria is considerably further along the Sport and Recreation infrastructure delivery journey than not only NSW, but indeed on a national scale. NSW has approximately the equivalent of 30% in terms of indoor stadia compared to Victoria and it is therefore with good reason, the ARV research paper is important supporting material for consideration.

The following table provides a matrix in respect of each option for operation of a facility.

As outlined earlier, given there is a mix of models and council’s have chosen a relatively even distribution of them, it can be deduced that council’s have had regard to their own circumstances, and in particular their own organisation’s scale, capacity and risk profile in selecting an option. Regardless of which model is selected, each can ensure Council’s overarching goal of equity of access can be achieved where one activity does not dominate, but instead opportunities for use and participation will be maximised across all community sport and recreation activities. The following provides an examination of the operation of the Sport and Recreation facility based on these factors.

Contracting Out Management and Operating Services for the Sport and Recreation Centre

In this scenario a third-party Key Operator would deliver a holistic service that includes centre, program and facilities management for which Council receive annual rent, or annual rent plus revenue share.

In each instance, the Key Operator would be responsible for all operating expenditure including staff (and on-costs), maintenance and cleaning whilst Council would retain responsibility for capital expenditure items. An annual rent construct is akin to Council’s arrangement with Bluefit for the management and operation of the Lane Cove Aquatic and Leisure Centre that delivers a known revenue stream to Council underpinned by a joint community-first approach for the delivery of services. Council has input into setting fees, activities that occur within the centre, groups which have guaranteed access, whilst also maintaining quality assurance of the centre operations. This arrangement currently returns a surplus to Council which offsets the capital expenditure Council has incurred in relation to the pool over the years. Delivering a surplus is for swimming pool operations is rare in the metropolitan area.

Alternatively, a profit share can be structured that guarantees a minimum annual payment to Council, after which the parties share revenue. As long as the minimum amount payable to Council represents value to Council, the revenue share arrangement provides potential upside if ultimately performance exceeds forecasts made when entering the contract.

The key question for a prospective Key Operator is, what will the LCSRC “look like”? In other words, what space is programmable (eg multi-sport courts, multi-purpose rooms, members lounge etc), for whom and what sport (or activity / event) and the fees chargeable? Council has not yet sort specific commitments to use of the facility, particularly during peak time, but this should occur prior to entering into any contract. Like the Aquatic and Leisure Centre, Council can mandate court and other space allocation, pricing, and programming for casual, school, community, club and association use. Council will then manage the contract under an arrangement framed by strict Key Performance Indicators (KPI) and Service Level Agreements (SLA).

Based on the general advantages of Contracting Out outlined earlier in the report, the following key advantages and disadvantages have been identified specifically in relation to the LCRSC.

Advantages

· Industry knowledge, expertise and likely economies of scale on the basis that prospective Key Operators are multi-site operators; Utilisation ie participation rates are typically higher in externally contracted facilities, which aligns with Council’s goal.

· Under a lease arrangement, the Key Operator absorbs all staff costs and responsibilities (including on-costs, acquisition and retention, WH&S), facility management costs (including preventative / reactive maintenance and cleaning); removing any impact on Council Management’s focus on core activities

· Council can set entry fees and charges, and control the activities that occur within the centre, groups which have guaranteed access and maintain quality assurance of the centre operations.

· Certainty to Council around financial outcomes and forecasting. Council’s budget is delicately balanced in terms on going expenditure commitments, the avoidance of opportunities for ‘shocks’ has been key to council’s current sustainable financial position.

· Agility in decision-making particularly in response to market disruption and / or market (structural) changes that may logically include and / or demand a shift in programming time(s) and space to optimally meet Council’s community and commercial aspirations (in that order);

· From a procurement perspective, Council is provided with critical insights to programming, method(s) of service delivery, market capacity to deliver, risk appetite, and community partnership ethos. Council currently as no inhouse expertise in managing such a facility

Disadvantages

· LCSRC is an unknown quantity (no baseline established), this may impact tendered rental income and / or annual fee arrangements;

· Theoretical reduction in Council influence over strategic direction and /or business as usual activities^;

· Key Operator may divert disproportionate resources and energy to achieve commercial aspirations ^;

· Key Operator may seek to cut costs in facility maintenance^;

· Key Operator may seek to reduce operating costs, for example where air-handling plant is available for customer comfort it may not be utilised when required^;

· If Council separately contacts out the Bistro and Golf operation, potential for conflict between the tree operators^;

^Disadvantage (or risk) can be managed out by Council contractually.

Council Management and Operation (Contract In)

Under an internal management model, Council can have direct control over the delivery of sport, recreation and leisure outcomes at the LCSRC. In this scenario, Council has full flexibility to control programming, pricing, access (generally) and usage.

However, Council is not (currently) equipped with expertise nor financial or staffing perspective to support such activity which represents the probable drain (and distraction) of existing centralised Council services / staff to administer the LCSRC, namely: Human Resources (recruitment, onboarding, training, continuous development and retention), Finance (including payroll and budget establishment / forecasting), Information Technology, Work Health and Safety, and Marketing.

Gearing up to satisfy the aforementioned scale and logistical needs is largely unquantifiable at this early stage, however it will add a significant layer of complexity to Council in its business as usual activities. Further, an in-house managed model means that Council is responsible not only for all programming (structured and unstructured sport / recreation), but also the likelihood of casual LCSRC on-site staff. From a financial perspective, the above risk(s) are borne by Council in the absence of annual rent under contracted out services.

Whilst Council’s Business Case and Model reports were largely developed on the premise of external LCSRC management with Council retain all operating financial risks, there are Council’s (generally large) that manage such sites internally. In many instances, Council management is undertaken when there is more than one site such that the economies of scale (generally) that are enjoyed by external Management Companies, are to the best of their ability replicated. Willoughby Council is one (NSROC) exception to this rule, whereupon Council manage and operate the Willoughby Leisure Centre (WLC) and in the absence of any other sites, have chosen to aggregate centre management (booking, programming etc) and facilities management staff across the Northbridge Baths and Tyneside Tennis Courts site(s). In summary, Willoughby Council is able to utilise the same number of staff that would ordinarily manage the WLC to also administer the other two (2) sites at little additional cost. Despite this, Willoughby Council Financial Statements report a multi-year subsidy for the WLC.

Interestingly, North Sydney Council which has traditionally operated the North Sydney Pool (previously with a contractor operating learn to swim), but has always contracted out the operation of the Crows Nest Indoor Sports Centre, fully transferring operational risk and costs.

The City of Canada Bay Council have recently commenced operations at the Concord Oval site that includes two buildings:

· Building A – Independently managed by the Wests Tigers National Rugby League (NRL) and West Harbour (Sydney Rugby) Clubs who together, pay annual rent to Council;

· Building B – Four (4) indoor multi-sport courts, gym and creche managed and operated directly by City of Canada Bay Council.

Under the above hybrid arrangement, all facilities management and outdoor grounds maintenance (including landscaping) is under the care and control of Council. In addition, City of Canada Bay Council own and operate the Five Dock Leisure Centre and across the three (3) sites employ between 80 and 100 people (30 of which are Fulltime Equivalent - FTE). All of the staff are specific to the delivery of sport and recreation services, during COVID most of the part-time staff were stood down by Council whilst the FTE count were redeployed internally.

Research suggests that Metropolitan Sydney sport and recreation centre management is approximately split evenly between in-house and external models. That said, the majority of Council managed and operated centres exist in large councils where the Council owns two (2) or more sites to leverage economies of scale similarly to Management Companies (Key Operators).

Assuming Council has answers to the question(s) posed above, it is true to say that the LCSRC is a site with complexity. There is no similar site in Metropolitan Sydney with such a diverse offering: multi-sport courts (indoor / outdoor); golf course; bistro and dining; program rooms; and / or event space(s). Collectively, from a management and operational perspective the LCSRC demands a high level of expertise.

Advantages

· Direct control over the delivery of community sport, recreation and leisure outcomes at the LCSRC ensuring alignment to Council’s goals

· Full flexibility to control programming, pricing, access (generally) and usage. In addition to full control over pricing and programming, the Council would oversee all management and operating matters including asset management and staffing;

· Strong alignment with Council vision and strategy;

· Asset cared for and maintained by Council;

· Clear understanding of community, financial and operating outcomes;

Disadvantages

· Delivery of multi-sport centres is not a core activity of Council, nor a core capability within the current FTE headcount;

· Greatest impact on existing Council resources (management, human and financial), with potential to divert from core activities noting Council is the 4^th smallest in the Sydney Metropolitan area;

· Acquisition of experienced staff which includes onboarding, training, continuous development and retention;

· Local Government award structure and related staff on-costs exceed the private sector, staff costs represent approximately 50% of total operating costs and Council is bound by this structure;

· Lack of agility and/or commercial acumen to operate in the competitive and specialist environment of sport, recreation and leisure service delivery;

· Limited economies of scale via the sharing of human resources (staff) across other sport and recreation sites as they either simply do not exist, or in the instance of Lane Cove Aquatic and Leisure Centre are under long-term management / lease arrangements (2031);

Operation of Bistro and Golf Operations

The original EOI feedback and the observations of PMY in reviewing the Xypher Report(s) that concluded revenue from Food and Beverage relating to the Bistro and social functions were below comparable venue rates. The actual facility has been designed to provide separate facilities for kiosk type pre-packaged food and drinks to be operated by the key operator for the facility and separate full-line food and drinks via the Bistro, golfers lounge, and multi-purpose spaces for functions. Based on this, the Bistro / Event activity would benefit from specialist management and activation noting one of the EOI respondents expressed their management and operating interest in partnership with a Food and Beverage operator. Similarly, referencing the golf related EOI feedback, Council has subsidised golf operations since 2004 and only during 2022 (COVID) did income and expenditure approach a breakeven outcome.

Council envisages that, in the management and operating models as described (internal and external), golf operations will encompass both income and expenditure items. In other words, a golf operator will be responsible for managing green fees and golf-related merchandise (revenue), and simultaneously sub-contract golf course maintenance (greenkeeping) services (expenditure) on behalf, and with the approval of, Council. In this scenario, Council will be responsible for capital expenditure (eg irrigation, bridges, paths and tree trimming) only.

Conclusion

This report proposes that Council operate the facility under the same model as the very successful Lane Cove Aquatic Centre and contract out the operation of the facility. The key reasons outlined in the report are based on Council’s organisation scale, capacity and risk profile. In summary, Council’s relatively small scale, (4^th smallest in the Sydney 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.

Given the unique and complex site Council is best served by running a competitive tender process which will provide multiple views from tenders on the economics of the facility and the way the facility should operate via their business plans, which will be based on industry knowledge, expertise, market innovations and opportunities for economies of scale based on Council’s partnership ethos.

The next steps in the process would be for Council to call for tenders for a Key Operator, such will provide for operation of the whole facility and separate sub-tenancies for Bistro operations and Golf Course Management. As part of this process, Council staff will work with potential community users of the facility to understand their proposed utilisation rates of the facility.

Given construction is currently underway it will be necessary to separate out the process for Bistro operations to proceed as a priority, as ultimately this will potentially impact on the fit-out or the Bistro space to coincide with the opening of the facility.

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.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View	EOI - Build and Operate Lane Cove Recreation Precinct 2018	22 Pages	Available Electronically
AT‑2 View	Lane Cove Sport and Recreation Precinct - Multi Sports Community Fund Business Case - FINAL	67 Pages	Available Electronically
AT‑3 View	LCSRP - Business Case Review - Final	17 Pages	Available Electronically
AT‑4 View	ARV management Models - Maximising Management Outcomes for Council and Community	64 Pages	Available Electronically

Ordinary Council Meeting 23 November 2023

Greenwich Baths Lease Arrangements - Community Consultation Outcomes

Subject: Greenwich Baths Lease Arrangements - Community Consultation Outcomes

Record No: SU2168 - 64585/23

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council considered a report Greenwich Baths Lease Arrangements (AT-1) at the September 2023 Meeting which recommended that Council enter into a new lease with the incumbent tenant and operator, Bluefit Pty Ltd (Bluefit). Council resolved that:-

“1. The report be received and noted;

2. Council defers a decision on this matter;

3. Council undertake community consultation with the intent of this consultation being to provide community members with an opportunity to outline their views as to the future operation of Greenwich Baths to include Option 1, 2 and an opportunity to outline alternative options;

4. Council receives a report at its November meeting on the outcome of this consultation and recommendations as to the future operation of the Baths; and

5. Pending Council’s decision as to the future operation of the Baths, the Baths continue to operate in holdover mode under the current lease as per Option 1 outlined in the Council report.

This report details the Community Consultation outcomes and recommends that Council enter into a 5-year lease with Bluefit under management and operation model “Option 1”.

Background

The current operator, Bluefit was the only respondent to Council’s “Request for Commercial Arrangements” issued on 26 July 2023 to manage the Baths. They proposed two operating models, Option 1 and Option 2. Based on feedback received prior to, and during the September Meeting, a third option (Option 3) was developed based on all year round free access to the Baths to allow for comparison with the submitted options.

To operate the baths, regardless of which options, the following activities are required:-

1. Daily beach cleaning;

2. Daily cleaning of showers and toilets (swimming season);

3. Weekly cleaning of showers and toilets (non-swimming season);

4. All garden maintenance (all year round);

5. On-site collection and removal of waste (all year round);

6. Maintenance of turn boards and ropes;

7. Annual Fire Safety and Pest Control inspections.

The Baths are currently open during the following times (Spring/Summer Season):

September: 7am to 5pm (aligned to commencement of school holidays)

October: 7am to 6pm

November: 7am to 7pm

December: 7am to 8pm

January: 7am to 8pm

February: 7am to 7pm

March: 7am to 6pm

April: 7am to 5pm

Pending Council’s decision, per point 5 Bluefit continue to operate the Baths under a holdover provision from the previous (expired) lease.

Discussion

Council released an email newsletter, website exhibition and online survey on 4 October 2023. The website exhibition included the following summary of the options:-

The website exhibition 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%)

Respondents were invited to provide comments via free form text, below are some of the comments received:-

· “Option 1 provides most amenity and services to the community at a modest entry fee and will maintain this most precious community asset which has been a major attraction to families with young kids and people who enjoy swimming in the harbour. It will maintain the Baths as the pre-eminent harbourside community baths facility in Sydney which has attracted wide usage not only from Greenwich but from many other neighbouring suburbs.”

· “Coming down with the kids for nippers is a wonderful community experience. We've had some amazing Sunday mornings at the baths over the past few years.”

· “I love the current operating model, I think they provide great value for money and ensure a safe and clean environment for our family to visit”

· “Beach safety is a great service that benefits the community and needs to stay so our young people have access to a harbour beach in a safe environment.”

· “I like having a lifeguard on duty, kiosk open and clean facilities.”

· “Safer for young children, and happy to pay for this service.”

· “Parents look after children, so I think we don’t need lifeguards”

· “I think the baths should be open to the public as much as possible, and free of charge.”

· “Current model is excessive in price and limited in access. It’s a public beach let the public use it.”

It is worth noting, an informed desktop analysis has estimated that under Option 3, the additional cost to Council would exceed $80,000 per annum. This cost does not include the redeployment of existing Council staff and the necessary change in duties to accommodate the extra work with maintaining (to community satisfaction) the Baths site.

A complete list of the survey questions, responses and comments have been distributed to Councillor’s on a confidential basis.

Conclusion

Community consultation feedback displays a clear preference for the management and operating model Option 1 “Open Spring / Summer Season with Lifeguard Supervision”. Such an arrangement delivers continuity of service, site management and safety for Lane Cove residents and visitors to the Greenwich Baths.

RECOMMENDATION

That Council:

1. The report be received and noted;

2. 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.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

REPORT - Greenwich Baths Lease Arrangements

3 Pages

Available Electronically

Ordinary Council Meeting 23 November 2023

Draft Swimming Pool Inspection Program

Subject: Draft Swimming Pool Inspection Program

Record No: SU1802 - 67411/23

Division: Planning and Sustainability Division

Author(s): Mark Brisby

Executive Summary

The Swimming Pools Act 1992 and Swimming Pools Regulation 2018 is the legislation relating to the requirements for swimming pools in NSW.

The Act and regulation require that all Councils develop and adopt a program for the inspection of swimming pools in its area. This report proposes that Council endorse the draft program and place it on public exhibition in accordance with its Community Consultation Policy.

The key responsibilities for Council in relation to pool safety are;

· Adopt an inspection program

· Carry out mandatory inspections of for pools situated on land used for tourist and visitor accommodation, residential flat buildings and properties containing more than two dwellings every three years

· Issue compliance and/or non-compliance certificates

· Investigate complaints regarding breaches of the act

· Advertise safety requirements for pools and provide education.

· Report annually on pool inspections

It should be noted that there is no requirement for Council to inspect all backyard pools every three years.

The attached draft swimming pool inspection program addresses each of these responsibilities and proposes that Council where resources permit and there is no valid certificate of compliance or occupation certificate carryout a risk-based inspection program.

According to the NSW Swimming Pool Register, there are approximately 2,500 pools located within the boundaries of the Lane Cove Local Government Area.

Discussion

Council’s draft swimming pool program aims to increase pool safety awareness and compliance and to explain the scope of the proposed inspection program.

The Act and Regulations do not require Council to inspect every pool but mandates inspections for certain types of pools i.e. tourist & visitor accommodation along with properties that contain 2 or more dwellings. The draft program includes the requirement for these pools to be inspected every three years.

A risk-based inspection program is proposed to be implemented to improve the levels of compliance relating to swimming pool fencing and to satisfy Council’s obligations under the Act.

Council’s inspection program will consist of a mandatory component and a pro-active component, comprising:

a. A mandatory three-year inspection regime, for pools situated on land used for tourist and visitor accommodation, residential flat buildings and properties containing more than two dwellings;

b. Upon receipt of an application made to Council for an inspection and certificate of compliance in relation to the sale or lease of a property containing a swimming pool, in accordance with the Conveyancing (Sale of Land) Regulation 2010 and the Residential Tenancies Regulation 2010;

c. Upon receipt of an application by the owner of a property containing a swimming pool for an inspection and certificate of compliance under section 22C of the Act;

d. In response to a report or complaint made to the Council concerning an inadequately fenced or unauthorised swimming pool on a specific property;

e. In response to receiving notification from an Accredited Certifier, under section 22E (4) of the Act, who is unable to issue certificate of compliance;

f. Swimming pools on properties for which an application has been made to Council for a Building Information Certificate;

g. Proactive observations, where it has been identified (i.e. by a Council officer) that the swimming pool barrier appears to be deficient or may otherwise not be compliant.

In addition to the above and, where resources permit, Council will seek to inspect other private swimming pools where there is no valid Swimming Pool Certificate of Compliance or Occupation Certificate.

The above inspection program does not apply to swimming pools the subject of an Occupation Certificate or a Swimming Pool Certificate of Compliance that has been issued within the past three (3) years, unless Council receives a complaint or is made aware that the swimming pool barriers are non-compliant.

Council’s Swimming Pool Inspection Program will be based on the properties identified in the NSW Swimming Pool Register as having a swimming pool or spa pool upon the property.

Inspections of swimming pools will be carried out in accordance with relevant prescribed timeframes (subject to arrangements being made for access to the premises to undertake the inspection).

Education and Awareness

Pool owner education and awareness is an important contributing factor in lifting swimming pool safety compliance rates.

Regular community education and awareness program will be delivered through community publications, media releases, Council’s website, owner self-assessment checklists and customer enquires with Council officers during the inspection process.

The core pool safety messages will include the importance of pool barrier maintenance, adult supervision and knowledge of first aid. Further community education will also include the requirements of property owners with a swimming pool, sale and lease provisions and the promotion of official sources information.

Community Consultation

It is necessary for Council, as the relevant local authority, to consult with the community in relation to the development of the inspection program. The following is proposed in accordance with the Lane Cove Community Engagement Policy.

Statement of Intent

The consultation is designed to seek community views on the draft Swimming Pool Inspection Program. All comments, submissions and information received will be reviewed and evaluated in the context of the draft program and reported back to Council for consideration.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	ENewsletter Council’s website exhibition	Engagement HQ Online survey
Indicative Timing	December 2023 - January 2024	December 2023 - January 2024

Conclusion

The draft swimming pool inspection program is proposed in response to the requirement of the swimming pool act and regulation. The draft addresses all the criteria of the legislation with a risk-based approach inspection program.

RECOMMENDATION

That Council endorse the draft Swimming Pool Inspection Program for the purposes of public exhibition and places it on exhibition for 42 days in accordance with the consultation strategy outlined in the report.

Mark Brisby

Director - Planning and Sustainability

Planning and Sustainability Division

ATTACHMENTS:

AT‑1 View

DRAFT Swimming Pool Inspection Program - November 2023

12 Pages

Ordinary Council Meeting 23 November 2023

Council Policies Review - Part 2

Subject: Council Policies Review - Part 2

Record No: SU241 - 20734/23

Division: Corporate and Strategy Division

Author(s): Stephen Golding

Executive Summary

Council’s Policy Register, located on the website, provides a full list of all policies adopted by Council. To ensure the Register continues to contain useful, relevant and current policies, Council Officers undertake reviews of all policies during the course of a Council term.

The purpose of this report is for Council to review and consider the re-adoption of the following policies as part of the ongoing policy review for the Council Term, which will extend throughout the remainder of this term:

· Council’s Contributions to Common Boundary Fences Policy,

· Enforcement Policy,

· Keeping Animals Policy,

· Trees and Tree Root Damage Claims Policy and

· Street Parties: Traffic and Parking Arrangements Policy,

This is the second report of a series of five reports to Council with policy review recommendations for adoption.

Background

The purpose of the review is to ensure that all policies are contemporary, compliant with current legislation and/or guidelines issued by State and Federal agencies, are consistent with Council’s direction and reflect industry standards.

Council previously reviewed and adopted polices at the July 2017 Ordinary Council meetings.

Discussion

This marks the second report of a series of five reports which will be presented to Council, over the course of the remaining council term, outlining the results of the review. Due to the sheer number of policies within the Policy Register, the plan is to present the revised policies to the Council gradually over the balance of the Council term, thereby providing sufficient time for the Council to review them, particularly if there are any proposed amendments.

Below is a summary of six (6) policies which have recently been reviewed. None of the policies require more than administrative amendments. Please note each of the policies outlined below contain a hyperlink (in the heading) to the current adopted policy version which is also located on Council’s website.

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. (AT-1)

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. (AT-2)

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.(AT-3)

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. (AT-4)

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). (AT-5)

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” (AT-7) and “Developing your Public Interest Disclosure Policy Guidelines” (AT-8) 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 (AT-8), with only necessary administrative changes required to align with Council's policy structures, formats and references to other related documents.

Conclusion

The above policy amendments ensure that the Policy Register is up to date with current practice and legislation. None of the amendments are such that it is considered necessary to undertake community consultation.

RECOMMENDATION

That Council adopt the reviewed and updated policies

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View	Draft - Policy HS-03-Contributions to Common Boundary Fences Policy	3 Pages	Available Electronically
AT‑2 View	Draft - Policy ES-05 Enforcement Policy	11 Pages	Available Electronically
AT‑3 View	Draft - Policy ES-08 - Keeping animals	17 Pages	Available Electronically
AT‑4 View	Draft - Policy CS-14 Trees and Tree Root Damage	4 Pages	Available Electronically
AT‑5 View	Draft - Policy OSUS-04 Street Parties traffic and parking arrangements	5 Pages	Available Electronically
AT‑6 View	Draft Policy-CS-07 Public Interest Disclosures - Internal Reporting Policy	20 Pages	Available Electronically
AT‑7 View	Overview of the new PID Act 2022 Information sheet	5 Pages	Available Electronically
AT‑8 View	Ombudsman NSW Developing-your-PID-Policy-guideline-(Model Policy)	33 Pages	Available Electronically

Ordinary Council Meeting 23 November 2023

2023/24 Budget - First Quarter Review

Subject: 2023/24 Budget - First Quarter Review

Record No: SU9090 - 59573/23

Division: Corporate and Strategy Division

Author(s): Don Johnston

Executive Summary

The 2023/24 Budget - First Quarter Review involves a number of variations to both income and expenditure estimates. Taking into consideration the variations from the First Quarter Budget Review, the projected 2023/24 overall operating result has been revised to a surplus of $6,385K, with the operating result before grants and capital contributions forecast to be a surplus of $71K. Capital expenditure has been increased by $7,408K, funded by transfers from Reserves and grants.

It is recommended that the Budget be varied in accordance with this report.

Background

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 203 of the Local Government (General) Regulation 2005. The purpose of these reviews is to ensure that the impacts of financial variations are reflected in the forecast of Council’s financial position to 30 June 2024, and that it remains satisfactory.

The main first quarter adjustments include:

· Expenditure and income estimates which have been carried forward from the 2022/23 Budget in order to complete projects or programs that were ‘works in progress’ as at 30 June 2023;

· Bringing Rates income into line with Rates levied;

· Adjusting a number of income forecasts in line with actual income received last financial year; and

· Additional capital expenditure budgets for the completion of Longueville Road Paving, 1-5 Pottery Lane remediation works and bringing forward Blackman Park field replacement from 2024/25 to this financial year.

Discussion

A summary of Council’s revised Budget for 2023/24 and a summary of budget movements have been included in this report:

	Original Budget (000’s)	First Quarter Adjustments (000’s)	Revised Budget (000’s)
Operating Income	59,816	574	60,390
Operating Expenditure	59,743	576	60,319
Surplus/(Deficit) before Capital Grants/Contributions	73	(2)	71
Capital Grants/Contributions	5,944	370	6,314
Surplus/ (Deficit)	6,017	368	6,385
Capital Expenditure	54,839	7,408	62,247
Funded by:
Transfers from Reserves	30,444	7,040	37,484
Grants and Contributions	5,019	370	5,389
Sale of Assets	241	-	241
General Revenue	19,135	(2)	19,133
Total Funding	54,839	7,408	62,247

Summary of Budget Movements

Operating Income:

- $81K increase in Rates and Annual Charges to align the budget with actual Rates and Charges levied.

- $105K increase in User Charges and Fees:

- $45K increase in Road Checking / Inspection Fees in line with last financial year actuals; and

- $60K increase in Waste Skip / Crane Permits in line with last financial year actuals.

- $368K increase in Grants and Contributions for Operating Purposes due to projects carried forward from last financial year:

- $27K for Gore Creek Reserve; and

- $341K for Ventemans Reach Remediation.

- $20K increase in Outdoor Dining rentals based on current rental agreements.

Operating Expenditure:

- $74K increase in Employee Benefits which is made up of:

- $130K reduction in the salaries and wages vacancy factor;

- $66K decrease in Council’s workers’ compensation insurance premium; and

- $10K in other minor increases.

- $497K increase in Materials and Services which is made up of:

- $368K in expenditure associated with grants carried forward from last year:

- $27K for Gore Creek Reserve; and

- $341K for Ventemans Reach Remediation;

- $60K carried forward for the Toy Library; and

- $69K for other minor adjustments to operating expenditure budgets.

- $6K increase in Other Expenses due to an increase in Council’s Regional Open Space contribution.

Capital Income

- $370K increase in Grant and Contributions for Capital Purposes due to projects carried forward from last financial year which is made up of:

- $275K for Ventemans Reach Boardwalk;

- $78K for the NSW Planning Portal API Project; and

- $17K for Adler Avenue and Shaw Park playground equipment.

Capital Expenditure

- $7,408K increase Capital Expenditure which is made up of:

- $2,500K carried forward from last year for the St Leonards Overpass project (funded from VPA funds);

- $2,500K for Blackman Park field replacement brought forward from 2024/25 (funded from Reserve);

- $1,000K increase for Longueville Road Paving completion, including works carried forward from 2022/23 (funded from Reserve);

- $750K increase for remediation of 1-5 Pottery Lane (funded from Reserve);

- $275K increase for Ventemans Reach Boardwalk (funded by grant);

- $150K increase for Blackman Park Skatepark construction (funded from Reserve);

- $80k increase for Lucretia Baths Stage 1 investigations (funded from Reserve);

- $78K increase for the NSW Planning Portal API Project (funded by grant);

- $60K carried forward from last year for the new Tannery Creek footbridge (funded from Reserve); and

- $15K increase for other minor budget adjustments.

A copy of all proposed budget adjustments can be found in AT-1.

Conclusion

The following statement, by the Responsible Accounting Officer, is made in accordance with Clause 203(2) of the Local Government (General) Regulation 2005.

It is my opinion that the Quarterly Budget Review Statement for Lane Cove Council for the quarter ended 30 September 2023 indicates that Council's projected financial position will be satisfactory at year end 30 June 2024, having regard to the projected estimates of income and expenditure and the original budgeted income and expenditure.

RECOMMENDATION

That the 2023/24 Budget be varied as follows:-

	Original Budget (000’s)	First Quarter Adjustments (000’s)	Revised Budget (000’s)
Operating Income	59,816	574	60,390
Operating Expenditure	59,743	576	60,319
Surplus/(Deficit) before Capital Grants/Contributions	73	(2)	71
Capital Grants/Contributions	5,944	370	6,314
Surplus/ (Deficit)	6,017	368	6,385
Capital Expenditure	54,839	7,408	62,247
Funded by:
Transfers from Reserves	30,444	7,040	37,484
Grants and Contributions	5,019	370	5,389
Sale of Assets	241	-	241
General Revenue	19,135	(2)	19,133
Total Funding	54,839	7,408	62,247

Steven Kludass

Director - Corporate and Strategy

Corporate and Strategy Division

ATTACHMENTS:

AT‑1 View

Quarterly Budget Review Statement - September 2023

Ordinary Council Meeting 23 November 2023

Lane Cove Council Draft Annual Report 2022/23

Subject: Lane Cove Council Draft Annual Report 2022/23

Record No: SU245 - 32155/23

Division: Corporate Services Division

Author(s): Steven Kludass

Executive Summary

The Local Government Act, 1993 requires all NSW councils to prepare an Annual Report for the previous reporting period by 30 November each year. Lane Cove Council’s Draft Annual Report for 2022/23 has been produced and this report recommends that Council adopt this document as the finalised Annual Report and send a copy to the Minister for Local Government as required by the Local Government Act, 1993.

Discussion

Council’s Draft Annual Report for 2022/23 is attached electronically as AT-1 and covers all of the matters listed in the Local Government Act, 1993 to be addressed, in particular the financial information included in the Audited Annual Financial Statements and the progress on achieving the projects and activities as outlined in the 2022/23 Delivery Program and Operational Plan.

In order to maintain consistency amongst Council’s Corporate Planning documents, the Draft Annual Report is organised into Council’s Six Strategic Planning Themes in the same way as the Liveable Lane Cove: 2035 Plan and the Delivery Program and Operational Plan. This helps to reflect Council’s achievements across the key themes rather than by Council’s internal organisational structure.

The Draft Annual Report contains an introduction by the Mayor and General Manager for this reporting period. The highlights for 2022/23 as described in their introduction has been reproduced below for the information of Councillors and the community:

In presenting the Annual Report, we are given a moment to stop and reflect on 12 months of delivering for the people of the Lane Cove Local Government Area. It is a privilege to be able to

serve this community and this report reflects the activities that make Lane Cove a great place to

live, work and thrive.

Opportunities for residents to be involved in community life are provided in a framework of responsible stewardship of Council resources, and that includes financial, property, infrastructure,

open spaces, and the natural environment.

We are pleased to report that Council’s 2022/2023 balance sheet is healthy, and we have an achievable and robust long term financial plan. Good fiscal stewardship is the basis of our ability to deliver new community infrastructure projects and support the range of programs and services that are Council’s role, and that enrich the community and cultural life, and the environment we live in.

In 2022-2023 we opened the new St Leonards Library which has been well-patronised since the

day the doors opened. At the same location we opened the 300-space car park and finalised

construction of Wadanggari Park, Australia’s first public park built over a railway line. We also

completed stage 1 of the Village streetscape improvements to make it a pedestrian friendly

environment, with enhanced landscaping, public seating and outdoor dining opportunities.

We also delivered park upgrades at Central Park, Tambourine Bay Reserve, Blackman Park, Best

Street Playground, Hughes Park Community Garden, Portview Road Reserve, Central Park,

Osborne Park, Henningham Playground and Mindarie Park.

Thousands of people attended events at The Canopy with programming ranging from kids shows

like Bluey, to the Battle of the Bands during Youth week, to favourites such as ABBA, Fleetwood Mac and ACDC tribute acts.

Festivals included the long-running Lane Cove festival, and Festival by the River, featuring the

popular Food and Wine by the River.

Importantly we invested in social recovery from the pandemic with $469,386 in grants to 18 local

community organisations, and 41 Meet Your Neighbour events attended by more than 1,700

residents, and we adopted and implemented a new four-year Disability Inclusion Action Plan.

We look forward to continuing to work for the people of Lane Cove.

Conclusion

The Draft Annual Report has been prepared to meet the requirements of the Local Government Act. Upon adoption of the Annual Report, a copy will be forwarded to the Minister as required by the Local Government Act, 1993 and will be publicly accessible via the ‘Plans and Publications’ section on Council’s website.

RECOMMENDATION

That:-

1. Council adopt the Draft Annual Report at AT-1 for 2022/23;

2. The adopted Annual Report be forwarded to the Minister for Local Government; and

3. The Annual Report be published on Council’s website.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Draft 2022/23 Annual Report

200 Pages

Available Electronically

AT‑1 View	Council Snapshot October 2023	44 Pages	Available Electronically
AT‑2 View	Resolution Tracker	37 Pages	Available Electronically