decision of 3673 council meeting held on 19 november 2015 ... · held on 19 november 2015 . council...

DECISION OF 3673rd

HELD ON 19 NOVEMBER 2015 COUNCIL MEETING

458. CoS06: Governance Committee - Minutes 9 November

2015 Report of Ian Curry, Manager Governance and Committee Services This report presents the recommendations of the last meeting of the Governance Committee held on 9 November 2015, for Council adoption. The minutes are attached for information. Recommending: 1. THAT Council formally thank Mr Francis and Mr Leventis for their presentation to councillors regarding IPART’s assessment of Council’s Fit for the Future submission. 2. THAT Council adopt the 2016 Schedule of Meetings with an amendment that the December Council meeting be held on 5 December 2016. 3. THAT the Non-Residential Roll for Council elections report be received. 4. THAT Council encourage all non residents to enrol for the 2016 elections. 5. THAT the Streetscape Committees be involved in the promotion of the non residential roll. 6. THAT the Councillors Use of Email Policy report be adopted. 7. THAT the Transport Options for Mayor report be noted. 8. THAT the FY2016 Workers Compensation insurance deposit premium report be received. 9. THAT the Contract Variations Report be received. 10. THAT Council staff be commended for the excellent contingency result. 11. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 12. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 13. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 14. THAT the naming of evaluation panel members in future tender reports not be required. 15. THAT Council endorse the engagement of Hawker Britton. 16. THAT Council allocate $250,000 for the campaign against forced amalgamations. 17. THAT the date of the December Council meeting be changed from 14 to 7 December 2015.

The motion was moved by Councillor Gibson and seconded by Councillor Baker

1. THAT Council formally thank Mr Francis and Mr Leventis for their presentation to councillors regarding IPART’s assessment of Council’s Fit for the Future submission. 2. THAT Council adopt the 2016 Schedule of Meetings with an amendment that the December Council meeting be held on 5 December 2016. 3. THAT the Non-Residential Roll for Council elections report be received. 4. THAT Council encourage all non residents to enrol for the 2016 elections. 5. THAT the Streetscape Committees be involved in the promotion of the non residential roll. 6. THAT the Transport Options for Mayor report be noted. 7. THAT the FY2016 Workers Compensation insurance deposit premium report be received. 8. THAT the Contract Variations Report be received. 9. THAT Council staff be commended for the excellent contingency result.

10. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 11. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 12. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 13. THAT the naming of evaluation panel members in future tender reports not be required. 14. THAT the date of the December Council meeting be changed from 14 to 7 December 2015. Voting was as follows: For/Against 9/0

Councillor Yes No Councillor Yes No Gibson Y Beregi Y Reymond Y Barbour Y Clare Y Morris Y Baker Y Marchandeau Y Carr Y Bevan Absent

RESOLVED: 1. THAT Council formally thank Mr Francis and Mr Leventis for their presentation to councillors regarding IPART’s assessment of Council’s Fit for the Future submission. 2. THAT Council adopt the 2016 Schedule of Meetings with an amendment that the December Council meeting be held on 5 December 2016. 3. THAT the Non-Residential Roll for Council elections report be received. 4. THAT Council encourage all non residents to enrol for the 2016 elections. 5. THAT the Streetscape Committees be involved in the promotion of the non residential roll. 6. THAT the Transport Options for Mayor report be noted. 7. THAT the FY2016 Workers Compensation insurance deposit premium report be received. 8. THAT the Contract Variations Report be received. 9. THAT Council staff be commended for the excellent contingency result. 10. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 11. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 12. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 13. THAT the naming of evaluation panel members in future tender reports not be required. 14. THAT the date of the December Council meeting be changed from 14 to 7 December 2015.

The Mayor ruled that items 6, 15 and 16 of the recommendation could not be considered as they are illegal. A Point of Order was raised by Councillor Baker and seconded by Councillor Clare moving a Motion of Dissent against the Mayor’s ruling. The Mayor responded that a Motion of Dissent was not allowed in respect of her ruling.

The Mayor closed the Meeting at 7.53pm

ITEM CoS06 REPORTS 16/11/15

N O R T H S Y D N E Y C O U N C I L R E P O R T S

Report to General Manager Attachments:

1. Minutes 9 November 2015

SUBJECT: Governance Committee - Minutes 9 November 2015

AUTHOR: Ian Curry, Manager Governance and Committee Services

ENDORSED BY: Ross McCreanor, Director Corporate Services

EXECUTIVE SUMMARY:

This report presents the recommendations of the last meeting of the Governance Committee

held on 9 November 2015, for Council adoption. The minutes are attached for information.

FINANCIAL IMPLICATIONS:

Nil

RECOMMENDATION:

1. THAT Council formally thank Mr Francis and Mr Leventis for their presentation to

councillors regarding IPART’s assessment of Council’s Fit for the Future submission.

2. THAT Council adopt the 2016 Schedule of Meetings with an amendment that the

December Council meeting be held on 5 December 2016.

3. THAT the Non-Residential Roll for Council elections report be received.

4. THAT Council encourage all non residents to enrol for the 2016 elections.

5. THAT the Streetscape Committees be involved in the promotion of the non residential roll.

6. THAT the Councillors Use of Email Policy report be adopted.

7. THAT the Transport Options for Mayor report be noted.

8. THAT the FY2016 Workers Compensation insurance deposit premium report be received.

9. THAT the Contract Variations Report be received.

10. THAT Council staff be commended for the excellent contingency result.

11. THAT the amended Procurement Policy be adopted and placed on public exhibition for a

period of 28 days.

12. THAT should Council receive submissions, a further report be prepared for Council’s

consideration and adoption.

13. THAT should Council receive no submissions, Council consider the Procurement Policy

as adopted at the end of the closing period for submissions

14. THAT the naming of evaluation panel members in future tender reports not be required.

15. THAT Council endorse the engagement of Hawker Britton.

16. THAT Council allocate $250,000 for the campaign against forced amalgamations.

17. THAT the date of the December Council meeting be changed from 14 to 7 December

2015.

Report of Ian Curry, Manager Governance and Committee Services

Re: Governance Committee Minutes 9 November 2015

(2)

LINK TO DELIVERY PROGRAM

The relationship with the Delivery Program is as follows:

Direction: 5. Our Civic Leadership

Outcome: 5.3 Council is ethical, open, accountable and transparent in its decision

making

BACKGROUND

In accordance with Council’s Code of Meeting Principles and Practices:

Clause 50.6 - the minutes of a Committee meeting may only be confirmed and adopted by

resolution of that Committee, passed at a subsequent meeting of that Committee.

Clause 50.7 - the recommendations arising at Committee meetings are to be submitted to the

next available Council meeting for adoption.

CONSULTATION REQUIREMENTS

Community engagement is not required.

SUSTAINABILITY STATEMENT

The sustainability implications are of a minor nature and as such did not warrant a detailed

assessment.

DETAIL

This report presents the recommendations of the last meeting of the Governance Committee

held on 9 November 2015, for Council adoption. The minutes are attached for information.

Minute Book Page No 25

This is Page No 25 of the Minutes of the Governance Committee Meeting of the North Sydney Council held on 9th November 2015.

NORTH SYDNEY COUNCIL

REPORT OF GOVERNANCE COMMITTEE SUBJECT: PROCEEDINGS OF COMMITTEE AT MEETING HELD IN THE SUPPER

ROOM AT THE COUNCIL CHAMBERS, NORTH SYDNEY, ON 9 NOVEMBER 2015 AT 6.00PM.

PRESENT

Councillor Gibson, in the Chair, Councillors Marchandeau, Reymond, Clare, Beregi, Morris and Carr .

Staff: Warwick Winn, General Manager Ross McCreanor, Director Corporate Services Adrian Panuccio, Chief Operating Officer Peter Coulton, Corporate Planning Project Officer Ian Curry, Manager Governance and Committee Services

Visitors: Mr Derek Francis (IPART) Mr Peter Leventis (IPART)

Apologies were received from Councillors Barbour, Baker and Bevan.

At the commencement of business (6.08pm) Councillors present were – Councillor Gibson, in the Chair, Councillors Marchandeau, Reymond, Clare, Beregi, Morris

30. Minutes

The Minutes of the previous meeting held on 14 September 2015, copies of which had been previously circulated, were taken as read and confirmed.

The Motion was moved by Councillor Marchandeau and seconded by Councillor Reymond.

Voting was as follows: For/Against 6/0

ATTACHMENT TO CoS06 - 16/11/15 Page 3

GOVERNANCE COMMITTEE - 09/11/15 Page No 26


Councillor Yes No Councillor Yes No Gibson Y Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau Y Carr Absent Bevan Absent

31. G01: Meeting with IPART

At its meeting on 27 October 2015, Council resolved: 1. THAT Council continues to vigorously oppose Council amalgamation. 2. THAT Council advise the State Government that North Sydney Council is ‘fit’ to stand alone and any forced amalgamation will be highly detrimental to the residents and ratepayers of North Sydney resulting in significantly increased rates, decreased services and loss of local independent representation. 3. THAT Council delegates to and authorises the General Manager to immediately develop and implement a robust and rigorous campaign against forced amalgamations for North Sydney Council and the campaign include a strong community focus with the participation of all Councillors and the community. 4. THAT the General Manager provide a briefing to Councillors as soon as practicable. 5. THAT Council resolve not to enter into any discussions on amalgamations with any Councils except for discussions relating to anti amalgamation campaigns. 6. THAT Council urgently write to IPART requesting all information relied upon by IPART in order to assess North Sydney Council as unfit. Representatives of IPART will be present in respect of Item 6 of the resolution. Mr Francis and Mr Leventis (IPART) addressed the Committee. Cr Carr arrived at 6.11pm A Motion was moved by Cr Gibson, seconded by Cr Marchandeau 1. THAT Council formally thank Mr Francis and Mr Leventis for their presentation to councillors regarding IPART’s assessment of Council’s Fit for the Future submission. Voting was as follows: For/Against 7/0

Councillor Yes No Councillor Yes No

Gibson Y Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau Y Carr Y Bevan Absent

Resolved to Recommend: 1. THAT Council formally thank Mr Francis and Mr Leventis for their presentation to councillors regarding IPART’s assessment of Council’s Fit for the Future submission.

32. G02: 2016 Schedule of Meetings

Report of Ian Curry, Manager Governance and Committee Services




The schedule for all Council, Committee, Reference Group and Working Group meetings has been developed for 2016. Related financial implications include staff costs. The spread of ‘ordinary hours’ under the Local Government (State) Award 2010 are from 6am to 6pm. Hours worked outside this spread of hours are payable at the overtime rate. The overtime rate of pay is time-and-a-half for the first two hours and double time after that. Employees may elect to take Time In Lieu instead. This clause does not apply to Senior Staff (as defined in the Local Government Act 1993) nor to those employees engaged under the Award in the Executive Classifications (Band 4) where the following applies: “Employees engaged in Executive Band 4 may be required in addition to their ordinary hours, to attend meetings of Council and standing and/or special committee meetings. For the purpose of this subclause an employee who is required to attend these meetings may be entitled to claim overtime for actual hours worked after 11pm”. Recommending: 1. THAT Council adopt the 2016 Schedule of Meetings. A Motion was moved by Cr Marchandeau, seconded by Cr Beregi 1. THAT Council adopt the 2016 Schedule of Meetings with an amendment that the December Council meeting be held on 5 December 2016. Voting was as follows: For/Against 7/0



Resolved to Recommend: 1. THAT Council adopt the 2016 Schedule of Meetings with an amendment that the December Council meeting be held on 5 December 2016.

33. G03: Non-Residential Roll for Council Elections

Report of Ian Curry, Manager Governance and Committee Services At its meeting on 27 November 2012, Council considered a report on this matter and resolved (Min. No.726): THAT a further report be prepared in September 2015 on options for engaging with local businesses regarding their enrolment in the non-residential roll. A copy of the previous report is attached. Recommending: 1. THAT the Non-Residential Roll for Council elections report be received. A Motion was moved by Cr Marchandeau, seconded by Cr Reymond 1. THAT the Non-Residential Roll for Council elections report be received. 2. THAT Council encourage all non residents to enrol for the 2016 elections. 3. THAT the Streetscape Committees be involved in the promotion of the non residential roll.







Resolved to Recommend: 1. THAT the Non-Residential Roll for Council elections report be received. 2. THAT Council encourage all non residents to enrol for the 2016 elections. 3. THAT the Streetscape Committees be involved in the promotion of the non residential roll.

34. G04: Councillors Use of Email Policy

Report of Denise Highton, Document Management Services Manager The recent media focus on the use of private email systems has identified the need to provide North Sydney Councillors with a framework for proper and accountable use of electronic mail (email) in the conduct of Council business. Recommending: 1. THAT the Councillors Use of Email Policy report be adopted. The Motion was moved by Cr Morris, seconded by Cr Clare Voting was as follows: For/Against 6/1


Gibson N Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau Y Carr Y Bevan Absent

Resolved to Recommend: 1. THAT the Councillors Use of Email Policy report be adopted.

35. G05: Transport Options for Mayor

Report of Ian Curry, Manager Governance and Committee Services The Mayor has requested an increase in the support provided to her to travel to and from Council to undertake her mayoral duties and to attend functions on behalf of Council. This report is submitted to allow consideration of the Mayor’s request by Council. Recommending: 1. THAT Council determine a response to the Mayor’s request for increased support. The Motion was moved by Cr Morris, seconded by Cr Beregi 1. THAT the Transport Options for Mayor report be noted. Voting was as follows: For/Against 5/2





Gibson N Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau N Carr Y Bevan Absent

Resolved to Recommend: 1. THAT the Transport Options for Mayor report be noted.

36. G06: FY2016 Workers Compensation Insurance Deposit Premium

Report of Jon Paul Agnew, Risk Manager Update to Chief Operations Summary of 19 October 2015. Funding is provided in the adopted FY2016 budget. Recommending: 1. THAT the FY2016 Workers Compensation insurance deposit premium report be adopted. Cr Carr left the meeting at 7.12pm The Motion was moved by Cr Reymond, seconded by Cr Clare Voting was as follows: For/Against 6/0


Gibson Y Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau Y Carr OUT Bevan Absent

Resolved to Recommend: 1. THAT the FY2016 Workers Compensation insurance deposit premium report be received.

37. G07: Contract Variations Report

Report of John Thomson, Manager Corporate Contract This report provides details of the status of variations as compared to the Contract Contingency sum for the various contracts Council is engaged in which commenced after 1 July 2015. Recommending: 1. THAT the Contract Variations Report be received. Cr Carr returned at 7.13pm A Motion was moved by Cr Marchandeau, seconded by Cr Reymond 1. THAT the Contract Variations Report be received. 2. THAT Council staff be commended for the excellent contingency result. Voting was as follows: For/Against 7/0




Councillor Yes No Councillor Yes No Gibson Y Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau Y Carr Y Bevan Absent

Resolved to Recommend: 1. THAT the Contract Variations Report be received. 2. THAT Council staff be commended for the excellent contingency result.

38. G08: Amended Procurement Policy

Report of Michael Frater Procurement Manager Council’s procurement policy was last reviewed and adopted by Council on 26 September 2011. Council’s existing policy has been reviewed by an internal group comprising key stakeholders from Council concerning the policy as well as by ArcBlue the Global Procurement Network, an external consultant retained for the purpose of the review. The amended policy was present to MANEX on 11 September 2015, who supported the suggested changes. Council is now required to consider and if agreed, resolve to place the amended Policy on public exhibition and adopt the document. Recommending: 1. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 3. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 4. THAT Council reconsider its resolution of 19 October 2015 requiring the naming of evaluation panel members in future tender reports. A Motion was moved by Cr Marchandeau, seconded by Cr Reymond Voting was as follows: For/Against 7/0



Resolved to Recommend: 1. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 3. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 4. THAT Council reconsider its resolution of 19 October 2015 requiring the naming of evaluation panel members in future tender reports. (This item was recommitted later in the meeting)




39. G09: Fit for the Future Update

Report of Peter Coulton, Corporate Planning Projects This report updates Council on preparations to oppose the forced amalgamation of North Sydney Council in accordance Council resolution of 27 October 2015. This report recommends Council allocate a budget of $250,000. Recommending: 1. THAT Council endorse the engagement of Hawker Britton. 2. THAT Council allocate $250,000 for the campaign against forced amalgamations. A Motion was moved by Cr Morris, seconded by Cr Clare Voting was as follows: For/Against 5/2


Gibson N Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau N Carr Y Bevan Absent

Resolved to Recommend: 1. THAT Council endorse the engagement of Hawker Britton. 2. THAT Council allocate $250,000 for the campaign against forced amalgamations.

40. G10: December Council meeting date

Report of Ian Curry, Manager Governance and Committee Services Council is scheduled to hold an Ordinary Meeting on 14 December 2015. A number of Councillors have advised that they would not be able to attend this meeting due to other commitments. This report seeks Council’s consent to bring the December Council meeting forward to Monday 7 December 2015. Recommending: 1. THAT the date of the December Council meeting be changed from 14 to 7 December 2015.

The Motion was moved by Cr Beregi, seconded by Cr Morris


Councillor Yes No Councillor Yes No Gibson N Beregi Y Reymond Y Barbour Absent Clare Y Morris Y Baker Absent Marchandeau Y Carr Y Bevan Absent

Resolved to Recommend: 1. THAT the date of the December Council meeting be changed from 14 to 7 December 2015.

41. G08: Amended Procurement Policy (RECOMMITTED)

Report of Michael Frater Procurement Manager




Council’s procurement policy was last reviewed and adopted by Council on 26 September 2011. Council’s existing policy has been reviewed by an internal group comprising key stakeholders from Council concerning the policy as well as by ArcBlue the Global Procurement Network, an external consultant retained for the purpose of the review. The amended policy was present to MANEX on 11 September 2015, who supported the suggested changes. Council is now required to consider and if agreed, resolve to place the amended Policy on public exhibition and adopt the document. Recommending: 1. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 3. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 4. THAT Council reconsider its resolution of 19 October 2015 requiring the naming of evaluation panel members in future tender reports. A Motion was moved by Cr Morris, seconded by Cr Reymond 1. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 3. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 4. THAT the naming of evaluation panel members in future tender reports not be required. Voting was as follows: For/Against 7/0



Resolved to Recommend: 1. THAT the amended Procurement Policy be adopted and placed on public exhibition for a period of 28 days. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration and adoption. 3. THAT should Council receive no submissions, Council consider the Procurement Policy as adopted at the end of the closing period for submissions 4. THAT the naming of evaluation panel members in future tender reports not be required.

The meeting closed at 7.32pm ____________________________ __________________________ CHAIRPERSON GENERAL MANAGER


decision of 3673 council meeting held on 19 november 2015 ... · held on 19 november 2015 . council...

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