Agenda

Ordinary Council Meeting

7 April 2008

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

commence consideration of all other business at 7pm.

Notice of Meeting

Dear Councillors

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 7 April 2008 commencing at 6:30PM. The business to be transacted at the meeting is included in this business paper.

Yours faithfully

Peter Brown

General Manager

Council Meeting Procedures

The Council meeting is chaired by the Mayor, Councillor Ian Longbottom. 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 wwww.lanecove.nsw.gov.au by 5pm of the Thursday 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 of the agenda.

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

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 section 12(6) of the Local Government Act, 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.

Ordinary Council 7 April 2008
TABLE OF CONTENTS

DECLARATIONS OF INTEREST

APOLOGIES

OPENING OF MEETING WITH PRAYER

ACKNOWLEDGMENT TO COUNTRY

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

Confidential Items

1. Human Services Division Report No. 5

SUBJECT: 2007 Lane Cove Citizenship Awards

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 and 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.

2. General Managers Report No. 7

SUBJECT: Senior Staff Matter

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 and 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 and that the matter pertains to the employment of staff..

3. Corporate Services Division Report No. 18

SUBJECT: Tender for Audit Services

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 and the tenders contain pricing and other commerically sensitive information which is the interlectual property of each tenderer.

4. General Managers Report No. 8

SUBJECT: Little Lane Carpark Redevelopment - Tenders to Prepare a DA

public forum

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

CONFIRMATION OF MINUTES

5. ORDINARY COUNCIL MEETING - 17 MARCH 2008

Orders Of The Day

6. Order Of The Day No. 10

SUBJECT: Meeting in the Plaza - Saturday 26 April 2008

General Managers Reports

7. General Managers Report No. 9

SUBJECT: Lane Cove Market Square Status Report

8. General Managers Report No. 11

SUBJECT: Launch of Hands off Councils Website

Corporate Services Division Reports

9. Corporate Services Division Report No. 20

SUBJECT: Request for Contributions - Local Government & Shires Association

Open Space and Urban Services Division Reports

10. Open Space and Urban Services Division Report No. 10

SUBJECT: Private Use of Public Land

Environmental Services Division Reports

11. Environmental Services Division Report No. 22

SUBJECT: Passive Smoking Policy

12. Environmental Services Division Report No. 24

SUBJECT: Earth Hour 2008

QUESTIONS WITHOUT NOTICE

Ordinary Council Meeting 7 April 2008
Order Of The Day No. 10

Reference: Order Of The Day No. 10

Subject: Meeting in the Plaza - Saturday 26 April 2008

Record No: su1914 - 11594/08

Author(s): Rebecca Ford

Executive Summary

Councillors are next due to meet with the public in the Plaza on Saturday 26 April 2008 between 10:30am and 12:00 midday.

RECOMMENDATION

That Council determine whether to resolve a Meeting in the Plaza for April.

Craig Wrightson

Executive Manager

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 7 April 2008
General Managers Report No. 9

Reference: General Managers Report No. 9

Subject: Lane Cove Market Square Status Report

Record No: SU1460 - 11797/08

Author(s): John Lee

Executive Summary

This report updates Council on the Woolworths’ Lane Cove Market Square development.

Lane Cove Public School

Woolworths have progressed the design tender documentation and late last year separated out an early works package comprising the demolition of 7 Austin Street and the construction of works in Austin Street including the Lane Cove Public School upper drop off zone and the parking area opposite the Library. Woolworths also included a lower drop of area including a widened footpath adjacent to the school to facilitate these early works.

Throughout the early works package, the School has been actively consulted and work is expected to be completed in the next 2 weeks.

Lane Cove Library

The Library move to the Community Centre was successfully undertaken in as short a time as possible. Once the Library vacated, the section of Library to remain was sealed from the rear section, air conditioned, made secure and services to the rear section capped.

Demolition of the Library is scheduled over the next 3 weeks to coincide with the Public school term 1 school holidays. Whilst every effort will be made to minimize noise, the demolition of a building especially in close proximity to the Library may at times disrupt Library services requiring quiet reading.

Clancy’s Demolition

Woolworths have demolished the old Clancy’s Supermarket to base floor level. For safety, the walkway from the Plaza will remain closed.

Project Control Group

The Project Control Group is currently meeting on fortnightly basis. The Director Major Projects is Council’s representative. This group deals with issues as they arise.

Main Building Construction

Woolworths have appointed MainBrace Constructions NSW P/L as their Building Contractor. Mainbrace are also involved in the detailed design package to ensure constructability.

Attachment 1 is a copy of their Construction Program. This program is net of any delays including wet weather. While the program is optimistic of an August 2009 completion, commencement of trading could occur before the end of 2009.

Mainbrace will commence on the Link Road construction and top down construction slab to maintain access to the North East service yard at the end of Library Place in mid April and the main building mid June. A pedestrian barrier will be erected in Library Place to separate out pedestrian traffic from construction and service vehicles. Mainbrace will also include business advisory signs to indicate the location of businesses open for trade whilst through pedestrian access from Library Place is unavailable.

Early opening of the carpark is a direct benefit from a short construction period.

RECOMMENDATION

That Council receive and note the Lane Cove Market Square Status Report.

Peter Brown

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Att-1 Woolworths Construction program

4 Pages

Ordinary Council Meeting 7 April 2008
General Managers Report No. 11

Reference: General Managers Report No. 11

Subject: Launch of Hands off Councils Website

Record No: SU1791 - 12023/08

Author(s): Peter Brown

Executive Summary

Councillors will recall the decision by the Northern Sydney Regional Organisations of Councils (NSROC) to develop a website in response to the NSW State Government’s moves, through Minister Sartor, to introduce legislation to change S94 and implement various changes to the planning system. This report discusses the soon to be launched website www.handsoffcouncils.org.

Discussion

Two significant changes are currently being considered by the state government in respect to the ongoing role and function of local government in the planning system. The first change is a package of sweeping changes to the way land use planning, consent and development approval is done throughout the state. The changes are detailed in a Discussion Paper titled ‘Improving the NSW Planning System’ and have previously been subject to reports to Council.

A number of the changes are of great concern to local government and have the potential to further complicate the planning system rather than reform it. They also have the potential to radically change our streetscapes and reduce the ability for the community to be involved in the planning assessment process for new developments.

The second proposed change relates to a proposed new framework for developer contributions. In October 2007 the State government released Planning Circular PS 07-018. The information in the circular is ambiguous and incomplete and relies on policy, guidelines and legislative changes that are yet to be developed. However the main thrust of the change is to restrict the ability of local governments to levy developers by applying a ‘cap’, to restrict what types of facilities these funds can be spent on, and for some councils, to take away control of the funds and place in the hands of Treasury.

This means that communities will have to take more development and more people but less money will be available to build the facilities needed to support the growing population.

In response to these proposals many councils including Lane Cove and NSROC, have prepared submissions and generally made our views known to the State Government.

At the last NSROC Board meeting it was resolved to also develop a specific web site www.handsoffcouncils.org which will help inform the community further on the issues and encourage active participation in fighting the negative aspects of the proposed changes. A copy of the homepage of the website is attached at 1.

There are strong indications that Minister Sartor will introduce the legislation for the changes to S94 and the planning “reforms”, as they are termed, early in April and the official launch of the site will be geared to correspond with that timeframe.

It is obvious to anyone who takes the time to analyse the financial sustainability of local government that developer contributions are an essential component in the provision of community infrastructure.

Any attempt to dramatically limit the way in which such funds can be spent by local government authorities is a retrograde step.

To assist with driving home to the State government the concern communities across the NSROC region have with any threat to developer contributions a petition has been included on the site under the section “What Can I Do? (Attachment 2).

The petition asks that NSW Members of Parliament “do not pass or agree to any legislation that further constrains or restricts the ability of local government to raise and spend Development contributions funding (S94) as proposed by the Planning Minister, the Hon. Frank Sartor MP.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Target the completion of at least 500 petitions from community members by:-

a. Inform community groups and associations of the launch of the website and in particular encourage completion of the petition once the website is officially launched; and

b. have copies of the petition available at Council’s Customer Counter; and

3. Install a link to the www.handsoffcoucils.org website from Council’s website.

Peter Brown

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View	What Can I Do?	1 Page
AT‑2 View	Hands Off Councils Petition	1 Page

Ordinary Council Meeting 7 April 2008
Corporate Services Division Report No. 20

Reference: Corporate Services Division Report No. 20

Subject: Request for Contributions - Local Government & Shires Association

Record No: SU896 - 11766/08

Author(s): Craig Wrightson

Executive Summary

This Report outlines two requests for contributions to the Local Government and Shires Association totalling $3274.99. It is recommended that Council determine whether to contribute the amounts requested.

Discussion

Council is in receipt of two requests from the Local Government & Shires Association for financial contributions. The first relates to the campaign which arose from the Associations’ Leader’s Forum on Planning. At the request of the meeting, the Local Government & Shires Association employed a Communications Consultant to continue and expand the public campaign against the State Government’s proposed changes to the planning system, particularly the revised development contributions framework. A company has been retained which to date has: -

1. Conducted Focus Groups in relation to general community attitudes towards Council’s and their position in relation to the proposed planning reforms.

2. Provided media support including the development of Fact Sheets for use by the media on the issues.

3. Meetings with journalists with major news organisations to encourage coverage.

4. Commenced development of a website which will allow members of the community to provide input into the issue and send communications directly to their respective Local Member.

The Associations have suggested a contribution from Lane Cove Council of $704.45. This will cover the cost of the Consultants up to a maximum of $150,000. To date, approximately $140,000 has been committed. The amount is calculated based on Council’s membership subscription to the Association.

The second matter relates to a request for a contribution towards the legal costs of Gosford City Council and their involvement with a case relating to prosecution for breach of their Tree Preservation Order. The defendant was prosecuted by Council in the Land & Environment Court under the EP&A Act for the illegal removal of 3 large Norfolk Island Pine Trees. The Land & Environment Court found in favour of the Council, however, the defendant appealed to the Court of Criminal Appeal, where that Court found that as the consent for the removal of the tree had to be obtained by way of the Tree Preservation Order and not the EP&A Act, it was not an offence under the Council’s Planning Scheme.

As a prosecution under the TPO had to commence within 6 months of the offence being committed, the Council was statute barred from bringing further proceedings against the defendant.

The Gosford City Council put forward that two important legal principles were being considered by the Court: -

1. “that a breach of TPO is a breach of the EP&A Act and not merely of a Council order and that the issue of a different times allowed for the starting of proceedings against separate sub-sections of the Act are no longer applicable, and

2. that an error in the making of a TPO by a Council does not result in the appeal of all early aversions of that instrument

The Associations have requested a contribution from Lane Cove Council of $2,570 which is calculated based on Council’s membership subscription to the Association and the total cost of the action which was $547,351.

Conclusion

Council has generally supported such requests in the past due to their relevance to the sector. There are sufficient funds within Council’s budget to meet the amount requested.

RECOMMENDATION

That Council determine whether to contribute to the Local Government & Shires Associations request for: -

1. Planning Reforms Media Campaign - $704.45

2. Gosford City Council Legal Expenses - $2,570.54

Craig Wrightson

Executive Manager

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Ordinary Council Meeting 7 April 2008
Open Space and Urban Services Division Report No. 10

Reference: Open Space and Urban Services Division Report No. 10

Subject: Private Use of Public Land

Record No: SU1272 - 11681/08

Author(s): Wayne Rylands

Executive Summary

At the Ordinary Council meeting of 3 March, Council resolved to remove private access over Public Open Space. Council also resolved that prior to removing access off Elizabeth Parade behind the properties fronting Johnston Crescent, staff should liaise with Sydney Water and residents affected by the proposed works for the Lower Stringybark Creek Erosion Stabilisation project.

This further investigation/consultation has now been undertaken. Based on the responses, Council should proceed with the works for the Lower Stringybark Creek Erosion Stabilisation project.

Background

The matter of private use of public land was considered at the Ordinary Council meeting of 3 March 2008. At that meeting Council resolved:-

“That Council confirm its commitment to its plans and policies to avoid alienation of Public Open Space by continuing to: -

A. remove private access over Public Open Space;

B. not permit neighbours to have temporary access over Public Open Space for vehicles and materials and;

C. discourage encroachments into Public Open Space.

Further, that Council resolve that no action be taken to remove the access off Elizabeth Parade behind the properties fronting Johnston Crescent until:-

D. further investigation has been undertaken into the interests of Sydney Water in respect of their use of the pathway for access to their sewer installations; and

E. Plans for the reconfiguration of Stringybark Creek have been formally approved by Council following consultation with affected residents and a report be referred to Council at its 1^st meeting in April 2008.”

This report provides the results of the investigation into the interests of Sydney Water (Resolution D) and the further consultation with the affected residents of Elizabeth Parade and Johnston Crescent (Resolution E).

Discussion

Council received a copy of the draft plan for the Lower Stringybark Creek Erosion Stabilisation, from Storm Consulting, on 17 March 2008. This plan is included as Attachment 1. The plan was duly forwarded to Sydney Water for their consideration and comment, and an on-site meeting was arranged with the residents of 1 Elizabeth Parade and 1-7 Johnston Crescent for Tuesday, 25 March 2008 to inform them of the proposed works and to answer any questions they may have.

The on-site meeting was attended by the residents of 1 Elizabeth Parade and 1 Johnston Crescent. The residents of 5 Johnston Crescent tended their apologies due to being overseas, but indicated they would provide written comment to Council by Monday, 31 March 2008. The correspondence from the resident of 5 Johnston Crescent is included as Attachment 2.

The residents of 1 Elizabeth Parade and 1 Johnston Crescent were also encouraged at the on-site meeting to provide written comment to Council on the proposed works, and were requested to do so by 31 March 2008 to allow Council to prepare this report. The residents of 1 Johnston Crescent did respond to Council in writing, and this is included as Attachment 3. The residents of 1 Elizabeth Parade did not provide written comment, but indicated at the meeting that they agreed with the stabilisation works and requested they be undertaken as a matter of urgency.

Sydney Water has also provided written comment to Council on their interests. This correspondence has been included as Attachment 4 in the report. Their response indicates that they would prefer to retain vehicular access to the sewer manhole in 1 Johnston Crescent. Council will continue to liaise with Sydney Water with respect to their access requirements for the sewer in the area adjacent to the proposed Lower Stringybark Creek Erosion Stabilisation, but believes the current design will allow them some vehicular access.

Conclusion

Based on the feedback from Sydney Water, Council will endeavour to maintain some type of vehicular access for them, such that they can maintain the sewer line in the vicinity of the proposed works. It is likely that Council will install a gate, or the like, adjacent to the driveway access to 1 Elizabeth Street, This will allow Sydney Water to gain access when required.

Other then the resident of 5 Johnston Crescent, who has not commented on the work directly, but rather still has referred to the private use of public land issue, it would appear that the affected residents do not have any major concerns with the proposed works to eliminate the creek erosion.

Consequently, it is proposed that Council instruct Storm Consulting to prepare a detailed construction plan from the draft concept plan to allow the Lower Stringybark Creek Erosion Stabilisation Works to be undertaken within this 2007/08 financial year from funds provided in the Sustainability Levy.

RECOMMENDATION

That Council proceed with the Lower Stringybark Creek Erosion Stabilisation Works as detailed in the draft plan by Storm Consulting, dated 14 March 2008.

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View	Draft Plan of Lower Stringybark Creek Erosion Stabilisation Works prepared by Storm Consulting	1 Page
AT‑2 View	Correspondence from Mr S Rabone	7 Pages
AT‑3 View	Correspondence from K Paterson & B Heaton	1 Page
AT‑4 View	Correspondence from Sydney Water	1 Page

Ordinary Council Meeting 7 April 2008
Environmental Services Division Report No. 22

Reference: Environmental Services Division Report No. 22

Subject: Passive Smoking Policy

Record No: SU1831 - 11647/08

Author(s): Craig Wrightson

Executive Summary

This report recommends the readoption of Council’s Policy in relation to Passive Smoking, following the discovery that Council’s resolution to adopt the policy did not include reference to the amendments made to the draft policy when placing the matter on public exhibition. It is recommend the Policy be readopted.

Background

Council at its meeting of 7 May, 2007 resolved in part, that Council:--

"Adopt and implement the Passive Smoking Policy dated 14 February 2007 and include the Policy in Council’s Policy Register."

It has come to light that this resolution was imprecise because Council’s resolution of 19 February, 2007, which considered the Draft Policy dated 14 February, 2007 was:-

“….

2. The Policy be amended to include all al fresco dining and the whole Plaza that is between Burns Bay Road & Longueville Road and also in Council owned arcades;

…..”

This means that Council was not able to adopt the policy dated 14 February, 2007 because it had been amended by the resolution, i.e. to include the whole plaza. The resolution of 7 May, 2007, should have stated:-

"Adopt and implement the Passive Smoking Policy dated 14 February 2007, as amended by Council’s resolution of 19 February, 2007, and include the Policy in Council’s Policy Register."

Discussion

The draft Policy dated 14 February, 2007 was, following amendment, placed on exhibition. All consultation included reference to the change, i.e. that smoking was being banned in both the al fresco dining areas, the whole Plaza and Council owned arcades. On this basis, despite the need to amend Council’s resolution it will not be necessary to re-exhibit the policy. A copy of the amended policy to be adopted is included as Attachment 1. Council to remedy this situation can proceed to rescind its previous decision and adopt the correct policy.

RECOMMENDATION

That Council:-

1. Rescind Part 2 of its resolution of 9 May, 2007, viz

“2. Adopt and implement the Passive Smoking Policy dated 14 February 2007 within Council owned grounds and buildings (excluding licensed premises) and include the Policy in Council’s Policy Register;”

2. Adopt and implement the Passive Smoking Policy dated 14 February 2007, as amended by Council’s resolution of 19 February, 2007 (and included as Attachment 1 to this report), and include the Policy in Council’s Policy Register.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View

Final Passive Smoking Policy

2 Pages

Ordinary Council Meeting 7 April 2008
Environmental Services Division Report No. 24

Reference: Environmental Services Division Report No. 24

Subject: Earth Hour 2008

Record No: SU1976 - 11772/08

Author(s): Steve Fedorow

Executive Summary

Earth Hour is an annual event focussing attention and encouraging individuals to take action against global warming. Council supported Earth Hour in its inaugural year 2007, and continued this support in 2008.

Background

Earth Hour was first launched in Sydney on 31 March 2007 and involved individuals and businesses voluntarily turning out their lights for 1 hour to draw attention to, and take a stand against global warming. During the 1 hour period, over 2.2 million Sydney residents and 2100 businesses switched off their lights leading to a 10.2% reduction in electricity consumption across the city. Council was an official supporter of Earth Hour 2007.

Discussion

Following the worldwide exposure gained by the 2007 Earth Hour, the 2008 event went global with 24 international cities participating in Earth Hour 2008. Council continued its support for Earth Hour in 2008 by signing up to become an official supporter, switching off the lights in Council’s Administration Centre and Aquatic Centre and by distributing over 1500 free beeswax candles to residents, commuters, and staff to help raise local awareness of the event. Council’s support received front page coverage in the North Shore Times on 28^th March 2008 (see Attachment 1).

Conclusion

Council’s support for Earth Hour was successful in locally raising the awareness of global warming and encouraging residents and businesses to think globally, act locally in addressing this issue.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Continue its support for the Earth Hour event in 2009.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View

North Shore Times Front Page Article - Earth Hour 2008

1 Page