Late Agenda of Ordinary Council - Thursday, 19 June 2025

Late Agenda

Ordinary Council Meeting

19 June 2025, 7:00 PM

Council will commence consideration of

all business paper agenda items at 7.00 pm.

Ordinary Council Meeting 19 June 2025

Mayoral Minute - Appointment of General Manager - Grant of Power of Attorney to General Manager

Item No: 1

Subject: Mayoral Minute - Appointment of General Manager - Grant of Power of Attorney to General Manager

Record No: SU5072 - 39471/25

Division: Lane Cove Council

Author(s): Councillor Merri Southwood

Background

On 2 June 2025 Council resolved in Extraordinary Meeting as follows-

117

RESOLVED on the motion moved by Councillor Southwood and seconded by Councillor Kennedy that:

1. Council resolves to appoint the successful candidate to the position of General Manager subject to the negotiation of a contract;

2. if those negotiations prove unsuccessful the Council resolves to appoint the runner up subject to the negotiation of a contract;

3. Council authorises the Mayor and LGNSW Management Solutions to undertake contract negotiations with the preferred candidate or the runner up (if required), with the Mayor being the final authority on decisions made during this process;

4. Council resolves to affix the Council seal to the contract in accordance with the Local Government Act 1993;

5. in accordance with section 11(3) of the Local Government Act that Council resolves that documentation provided to Councillors regarding the candidates is to be treated as confidential; and

6. Council thanks Steven Kludass for serving as the Acting General Manager.

It is noted that the business of the Extraordinary Meeting of 2 June 2025 was unfinished at 11 pm and that no resolution was passed at that time to extend the meeting pursuant to Clause 18.2 of the Code of Meeting Practice.

It is further noted that Resolution 116/2025 was passed by unanimous vote at 11.44 pm to extend the meeting to midnight.

The meeting concluded at 11.50 pm.

The Mayor has received legal advice that, notwithstanding the delayed vote to extend the meeting, Resolution 117/2025 is a valid resolution of Council pursuant to Section 371 and 374 (e) of the Local Government Act 1993 (NSW).

Pursuant to Resolution 117/2025 the Mayor and Deputy Mayor signed a Standard Contract of Employment For General Managers (the Employment Contract) with Louise Kerr for a term of five (5) years commencing on 21 July 2025 and terminating on 20 July 2030.

In accordance with the resolution the Council seal was affixed to the Employment Contract.

Mr. Steven Kludass, Director Corporate Services and Strategy, will continue in his role as Acting General Manager until Ms. Kerr takes up her appointment as General Manager on 21 July 2025 provided that, if Mr. Kludass takes leave prior to 21 July 2025, the Mayor, following consultation with the Deputy Mayor, may temporarily appoint another of Council’s Directors as Interim General Manager until Ms. Kerr takes up her appointment.

A Power of Attorney for Ms. Kerr is sought for the purposes of giving effect to resolutions or functions of Council where the use of the Power of Attorney is resolved or required after Ms. Kerr takes up her appointment as General Manager.

The Power of Attorney forms an attachment to this Mayoral Minute.

I seek Council’s support for the recommendation below.

RECOMMENDATION

That Council:

1. note the appointment of Louise Kerr as General Manager with effect from 21 July 2025 and welcomes her appointment,

2. revoke the Power of Register Book 4637 No. 811, registered on 05 September 2012,

3. affix the Common Seal of Council to the Revocation Power of Attorney (AT-1),

4. resolves to affix the Common Seal of Council to the new Power of Attorney (AT-2);

5. attend the registration of the Revocation of the Power of Register Book 4637 No. 811 and the new Power of Attorney to Ms. Louise Kerr, and

6. thank Steven Kludass for serving as Acting General Manager.

Councillor Merri Southwood

Councillor

ATTACHMENTS:

AT‑1 View	Revocation of Power of Attorney for Craig Wrightson
AT‑2 View	Power of Attorney for General Manager Louise Kerr

Ordinary Council Meeting 19 June 2025

Lane Cove Sport and Recreation Centre - Supplementary Report - Facility Operation and Management (excluding food, beverage, and events)

Item No: 2

Subject: Lane Cove Sport and Recreation Centre - Supplementary Report - Facility Operation and Management (excluding food, beverage, and events)

Record No: SU10080 - 39277/25

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

This Supplementary Report shall be read in conjunction with the two (2) separate Lane Cove Sport and Recreation Centre (LCSRC) Report’s tabled for the June Meeting, and responds directly to points 5 and 6 from Council Resolution 259 at the December 2023 Meeting:

That Council:

1. Receive and note the report;

2. Undertake an open 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; and give a report back to Council if there is any risk that we are not going to meet the principles outlined on page 11 of the Community Strategic Plan,

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;

5. Receive a report on the outcome of the tender process at the appropriate time for consideration and determination by the Council. In line with Parts 15 and 16 of Council’s resolution of 29 August 2022, the report is to include how the operation of the facility will provide all stakeholders with balanced access to both the sporting and recreation facilities; and

6. Confirms that the core goal of the facility is to operate as a service to the community.

Background

Council’s Request for Tender (RFT) issued on 4 February 2025 stated (Section 2.1 Background): “the overarching operating and management model accommodates social and competition sport, recreation, dining and events. Council’s vision for the Centre is underpinned by a Community-First ethos, at the December 2023 Meeting Council resolved “that the core goal of the facility is to operate as a service to the community.

In the same RFT under Section 2.2 “The Vision” a direct link was made to Council’s Community Strategic Plan, “Liveable Lane Cove 2035” by quoting: ‘Lane Cove will have a healthy and active community. Organised sport will continue to play an important role, along with new opportunities for leisure and for lifelong learning. Lane Cove will make the most of its natural environment and open space in encouraging outdoor activity and improved health and wellbeing”.

Put simply, Council’s procurement strategy to engage with a Key Operator for LCSRC was inextricably linked to delivering a Facility in service of the community by meeting their sport, recreation, and leisure needs. The RFT “Pack” included Council’s “User Needs Analysis” and Reference Pricing to provide tenderers with a clear understanding of base consumption and court hire fees.

Discussion

Council developed a scope for the delivery of Facility Management and Operation services to ensure alignment of delivery and were prescribed in “Section D – Specifications” of the RFT (AT-1). PART 1 (2) “Outline of Scope of Works and Responsibilities for Engagement” included the following:

2.1 The Scope of Works under the Agreement is for the Operator to manage and operate the Centre to achieve the objectives and outcomes specified by Council. All works and services must be carried out in accordance with this Specification and the terms of the Contract / Lease.

Further (relevant community-first matters):

2.2. The Operator must:

(a) Manage, operate, and promote the facility to ensure participation and community wellbeing outcomes are delivered effectively and equitably;

(b) Provide and promote a broad range of quality sport and recreation opportunities for residents, visitors and workers of all ages by meeting changing community needs;

(c) Provide for, and encourage sport and recreation activities across various ages, skill levels and abilities including the provision of an Annual Community Open Day;

(d) Effectively promote programs and services to all sectors of the community including the provision of school holiday coaching programs (such timing to cater for working parents / carers);

(e) Establish a pricing regime that fairly attends to local community, public school, club and commercial uses;

(f) Pricing within the facility is to be commensurate with similar facilities in surrounding LGAs;

(g) Apply industry best practice and a high level of professional and business acumen to all aspects of the services to achieve the best value outcomes for the community;

(h) Research and review services and programming to ensure continuous improvement and relevance;

(i) Encourage and foster community participation in the planning, development, and evaluation of all programs and services;

(j) Ensure that the facility is attractive to the community, safe, and in good working order;

(k) Actively enhance the quality of the facility, by constantly striving to improve the quality of programs and services offered;

(l) Build and maintain cooperative and collaborative relationships with Council, its staff, relevant agencies, and community groups to ensure the facility operates as a community service;

(m) Deliver the Services and operate the facility in accordance with agreed procedures and the terms and conditions specified in the Contract;

(n) Provide opportunities for all sectors of the community to participate in sport and recreation activities such that no single sport shall dominate;

(o) Ensure hire and programming allocation meets community, sporting club and associations, and schools’ needs. In the instance of dispute regarding allocation meeting needs, comply with Council’s directive;

(p) Provide opportunities for all sectors of the community to participate in sport and recreation activities such that no single sport shall dominate.

Section D – Specifications in its entirety, also captures Transition Requirements; Planning and Business Management; Annual Business and Maintenance Plans; Business Continuity Plan; Quality Management System; Customer Satisfaction; Fees and Charges; Financial Management Responsibilities; Reporting; and Human Resourcing amongst other matters.

At Clause 21 “Performance Measurement and Monitoring” in the same document, the following measures are outlined as follows:

21.1. The Services shall be carried out in accordance with the Agreement, to industry best practice standards and to the complete satisfaction of the Council;

21.2. Council will monitor performance measures on an ongoing basis under the General Conditions of Contract;

21.3. Any issues or concerns will be immediately raised with the Operator for action and resolution;

21.4. Serious or repeated failure to achieve compliance or ameliorate problems will be cause for termination of the Contract;

21.5. The Operator’s performance will be based on the Key Performance Indicators (KPIs) for the Centre (AT-2).

Performance of the Specifications is also governed by the Draft Lease under Clause 3.4 “Management and Service Obligations”. Further, the lease accommodates dispute resolution, breach of specifications, and / or a “failure to perform services” to mitigate lessor (Council) risk outside of regular (mandated) reporting by the preferred tenderer on financial, maintenance, cleaning, customer experience, and performance (generally) related matters. Council staff will finalise a warning to breach regime for inclusion in the lease during contract negotiations with the preferred supplier.

Conclusion

Council’s Request for Tender to Operate and Manage the LCSRC was abundantly clear in its

vision for a Community-First Facility and responded directly to Council Resolution 259 at the

December 2023 Meeting and how the operation of the facility will provide all stakeholders with balanced access to both the sporting and recreation facilities, and that the core goal of the facility is to operate as a service to the community.

RECOMMENDATION

That Council receive and note the report.

Steven Kludass

Acting General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View	LCSRC - TENDER - RFT- Operation and Management - Section D Specifications for Vendor Panel Upload	46 Pages	Available Electronically
AT‑2 View	LCSRC - TENDER - RFT- Operation and Management - KPI Scorecard - Annexure I for Vendor Panel Upload	2 Pages	Available Electronically