Agenda of Ordinary Council

Ordinary Council 16 June 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. Open Space and Urban Services Division Report No. 16

SUBJECT: Non Payment of Management Fees

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of the personal hardship of any resident or taxpayer; 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 specifically the report provides details of the personal financial circumstances of the individual/s involved.

2. Open Space and Urban Services Division Report No. 18

SUBJECT: Non Payment of Contract Revenue

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (b) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of the personal hardship of any resident or taxpayer; 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 specifically the report contains details of the personal financial circumstances of the individual/s involved.

3. Open Space and Urban Services Division Report No. 24

SUBJECT: Subsidence at 25 Best Street, Lane Cove

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; 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 and specifically the report contains details of legal advice received by Council in relation to this matter.

public forum

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

CONFIRMATION OF MINUTES

4. ORDINARY COUNCIL MEETING - 2 JUNE 2008 & EXTRAORDINARY COUNCIL MEETING – 10 JUNE 2008

Orders Of The Day

5. Order Of The Day No. 15

SUBJECT: Council and Committee Meeting Schedule - July 2008

General Managers Reports

6. General Managers Report No. 23

SUBJECT: Proposed Closure of Lower Part of Nield Avenue and Public Pathway

Corporate Services Division Reports

7. Corporate Services Division Report No. 38

SUBJECT: Policy Manual Review - Stage 3

8. Corporate Services Division Report No. 39

SUBJECT: Results of Consultation on the 2008 - 2011 Budget and Management Plan

9. Corporate Services Division Report No. 37

SUBJECT: Cost Shifting in NSW Local Government

Open Space and Urban Services Division Reports

10. Open Space and Urban Services Division Report No. 19

SUBJECT: Car Share Scheme

11. Open Space and Urban Services Division Report No. 20

SUBJECT: Lane Cove Town Centre - Temporary Parking Arrangements

12. Open Space and Urban Services Division Report No. 21

SUBJECT: Lane Cove Permit Parking Policy

13. Open Space and Urban Services Division Report No. 22

SUBJECT: Draft Playground Strategy

Environmental Services Division Reports

14. Environmental Services Division Report No. 36

SUBJECT: DLEP 2007 2nd Exhibition Further Report

Human Services Division Reports

15. Human Services Division Report No. 11

SUBJECT: Lane Cove Cultural Centre

16. Human Services Division Report No. 12

SUBJECT: Report on Meeting House - Request for Financial Assistance

QUESTIONS WITHOUT NOTICE

Ordinary Council Meeting 16 June 2008
General Managers Report No. 23

Reference: General Managers Report No. 23

Subject: Proposed Closure of Lower Part of Nield Avenue and Public Pathway

Record No: SU1691 - 21001/08

Author(s): John Lee

Executive Summary

This report outlines submissions received in regard to the proposed closure of the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens. All submissions have been considered. Issues generally related to protection of public utility installations, loss of on street parking, interim arrangements pending redevelopment and whether the sale of the road should be linked with a development application. A number of relevant issues including interim arrangements pending redevelopment can be dealt with administratively.

The report recommends that Council resolves to advise the Department of Lands (DOL) that with appropriate easements protecting public utility installations and rights of way protecting the public use of the road pavement until alternate turning arrangements are in place, there are no other reasons preventing the Department from approving the proposed road closure.

Background

The proposal to close the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens is being progressed in accordance with the Memorandum of Understanding (MoU) between DOL and Council dated 28 April 2006. This MoU authorised Council to act on behalf of the Crown in progressing a number of administrative functions associated with the closure of public road. At its meeting on 17 December 2007, Council approved the sale of the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens to Waterbrook at Greenwich P/L subject to conditions, premised on the road closure being gazetted.

Public Agencies and Service Providers

Prior to public notification, the views of various public agencies and service providers were sought.

In general terms, provided that existing electricity, water and gas service utility installations are either removed prior to the road closure or protected by appropriate easements, the objections to the road closure raised by these public agencies will be withdrawn. Telstra has indicated that it has no objection provided access to its telecommunications infrastructure is maintained.

Public Notification

The public notification, approved by DOL, commenced on 26 April 2008 in the Government Notices of the Sydney Morning Herald and repeated on 29 and 30 April. The notice also appeared in the Northside Courier - Sydney Weekly and North Shore Times issues dated 30 April, 7 May and 14 May 2008. The notification period closed 4 pm on 26 May 2008.

Submissions

Council’s role in assessing the submissions is to determine they are valid or not valid and advise the DOL accordingly. In addition to responses from the various public agencies and service providers, a total of 24 submissions were received from 20 houses/units in 7 properties, including 1 received before and 3 received after the end of the notification period. All submissions have been taken into consideration. All responses from 200 Pacific Highway were based on a form letter.

A précis of the submissions is included as Attachment 1.

Discussion

On Street Parking

Issue

(a) 21 respondents raised a lack of on street parking for residents, visitors, trades between Bellevue Ave and Innes Road.

(b) 13 respondents suggested that loss of day time parking could lead to further congestion and safety;

Response

While recognising that on street parking close to the Pacific Highway, Royal North Shore Hospital and existing dwellings is limited, 15 respondents from 200 Pacific Highway highlighted their own shortcomings in terms of off street parking.

There are 8 legal kerb side on street parking spaces in the section proposed to be closed. Typically 6 of these spaces adjacent to existing single house dwellings are regularly used and regulated as “2 Hour Parking – Residents excepted”. The upper section of Nield Ave is “No Parking” due to the narrow width and proximity to the Pacific Highway. It is expected that any future redevelopment in Nield Ave will include appropriate levels of off street parking. Recent surveys of the area indicates that a limited supply of on street parking is available.

There is therefore no merit in raising loss of on street parking in Nield Ave as a basis for objecting to the proposed road closure. There is also no basis in suggesting that loss of day time parking in Nield Ave could lead to further congestion and safety.

Sale Should Be Related to a Development Approval

Issue

a) 20 respondents suggested that the sale of Nield Ave, if closed should be related to a development approval.

b) The proposed Waterbrook development being assessed by the Minister is not a hospital and should be assessed by Council (5 Respondents)

Response

Council has followed ICAC guidelines in its direct dealings relating to the proposed sale of part of Nield Ave and the public pathway to Waterbrook at Greenwich P/L. Council has specifically separated its role in the sale from its statutory planning functions. The sale of land that is vested in Council is therefore on a commercial basis and not reliant on any specific Development Application outcome.

The Minister for Planning has the power to call in any development. In this case the Minister declared that the proposed development was of a regional significance. With respect to the road closure process, the type of development, or who the assessing authority is/will be are irrelevant considerations. If the road is closed, the road parcel and adjacent lots will become a consolidated lot. This consolidated lot can then be developed in many different ways and is not contingent on a specific development outcome, whether or not assessed by Council or by the Minister. There is no merit in respondents linking the proposed closure / sale to a development approval.

Notification Issues

Issues

a) 20 Respondents suggested that residents were not notified and/or that the first notification was made on the Anzac Day Weekend 26 April 2008 (A public holiday);

b) Proper Guidelines to be followed (2 Respondents)

c) No Public consultation prior to Council decision to approve the sale of Nield Ave subject to the road being closed (1 Respondent)

Response

The proposal to close Nield Ave has proceeded in accordance with the MoU.

The statutory notification requirements were significantly exceeded. As outlined above, notices appeared in 3 separate newspapers, the first notice appeared on 26 April 2008, with the last appearing on 14 May 2008. The sale is conditional on the road being formally closed. The formal notification process provides opportunity for public consultation.

There is no merit in respondents suggesting that the proper guidelines have not been followed, that the notification process or extent was defective or that opportunity hasn’t been provided for public input being reasons not to proceed with the road closure.

Adequate Arrangements

Issues

19 respondents including the 15 form letters suggested that if the road was closed despite their objections, the closed road should remain available for residents use until development commences.

Response

This is a reasonable request. One of the conditions of sale provides for a right of way over the roadway to protect the public right to use the road pavement for turning until such time as alternate arrangements are in place. This prevents the closed road from being fenced until any development works commence. This right of way therefore provides adequate arrangements for residents and the public to use the roadway in the event that the proposed development is not approved or until such time as redevelopment does commence.

Council Decisions

Issues

a) Decision to close the road made in a closed meeting of Council and conditions of sale not made public (8 Respondents)

b) Council benefits from sale with a vested interest (6 Respondents)

c) Closed Road could be sold below market value (6 Respondents)

d) Council benefits financially at a cost to the community (2 Respondents)

e) What is the public benefit (1 Respondent)

f) Sale related to developer greed (1 Respondent)

Response

It is appropriate for matters of a commercial nature to be considered by a Council in Closed Committee. When contracts have been signed it is then appropriate to disclose the terms of the contract. The suggestion that Council has a vested interest appears to be based on Council also having a statutory planning role. In this case, the Minister has indicated that the State Government will assess the current development application for the Nield Avenue site. In any event, the proposed sale has been an unfettered process completely independent of Council’s planning role.

Council engaged the services of Michael Collins & Associates to provide independent advice on the best value to Council, noting also that the purchaser is responsible for the cost of terminating and removing all services, drainage relocation and new vehicle turning areas protected by rights of ways. Suggestions that the closed road parcel could be sold below market value is not factually based.

In the event that the road is closed and the sale concluded, the agreed sale price is significant and, in accordance with the legislation is appropriated back for road purposes. Clearly therefore it is the community that benefits financially from the sale. These related issues either taken individually or collectively have no merit relative to the proposal to close part of Nield Ave.

Public Pathway

No respondent made specific submissions in relation to the closure of the public pathway between Nield Ave and Morven Gardens.

Drainage

The terms of sale address Council’s requirements for an easement for drainage to protect existing drainage paths / lines until they are rerouted as part of future redevelopment.

Future Vehicle Turning Manoeuvres

Council has required a right of way over an area within the proposed road to accommodate vehicles leaving Nield Ave in a forward direction.

Conclusion

The protection of existing public utility services not terminated and removed prior to road closure will be maintained by way of easements for services. The primary objections by submitters to the closure of the lower part of Nield Ave relate to loss of on street parking. Whilst recognising that there is a loss of 8 spaces, this does not represent a valid reason, noting that any future redevelopment will need to provide off street parking. Submissions relating the proposed road closure to any future development application / approval are not validly based.

As Council has followed proper guidelines and has acted in accordance with its MoU with the Department, objections based on process or Council’s role are also not validly based. Council’s requirement for a right of way to be placed over the road pavement to protect public use of the turning circle at the end of Nield Ave adequately addresses a number of resident’s concerns should Council proceed in spite of their other objections. Council’s requirements for an easement for drainage will also protect existing drainage paths / lines until they are rerouted as part of any future redevelopment. Having carefully assessed each submission, all valid objections can be resolved by the inclusion of relevant easements / rights of way.

RECOMMENDATION

That Council, having considered all submissions and/or objections received in relation to the proposal to close the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens, request the Department of Lands to approve the road closure and effect gazettal, noting that:

a) Valid objections raised by Sydney Water requiring an easement over their water main services can be addressed by either the purchaser removing their infrastructure prior to registration of the plan or by incorporating an easement in favour of Sydney Water over their infrastructure;

b) Valid objections raised by Energy Australia requiring an easement over the whole of the road to be closed for their services can be addressed by either the purchaser removing their infrastructure prior to registration of the plan or by incorporating an easement in favour of Energy Australia for their infrastructure;

c) Valid objections raised by Alinta requiring an easement over their gas services can be addressed by either the purchaser removing their infrastructure prior to registration of the plan or by incorporating an easement in favour of Alinta for their infrastructure;

d) Valid submissions seeking assurance that existing traffic arrangements remain for residents in the event that the proposed development is not approved can be addressed by requiring an easement / right of way in favour of the public over the road pavement to maintain public access until an alternate vehicle turning arrangements are implemented.

e) Submissions objecting to the proposed road closure based on loss of on street parking in Nield Ave and related matters are not validly based;

f) Submissions relating the proposal to a development approval / process are not validly based; and

g) Submissions questioning Council’s processes in approving the sale of the closed road subject to conditions are not validly based.

Peter Brown

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Precis of submissions

1 Page

Ordinary Council Meeting 16 June 2008
Corporate Services Division Report No. 38

Reference: Corporate Services Division Report No. 38

Subject: Policy Manual Review - Stage 3

Record No: SU241 - 19206/08

Author(s): Craig Wrightson; Cudilla Crystal

Executive Summary

The purpose of this report is to recommend amendments to the Lane Cove Council Policy Manual (“Policy Manual”). Given the extensive nature of the Policy Manual, reports to Council have been made in parts so that Council is provided a genuine opportunity to consider any proposed amendments. This report (Stage 3) addresses all policies in the Policy Manual under headings L to Z. In addition, this report includes recommendations to include reference to Council’s Public Officer.

Background

At its meeting on 21 April 2008, Council considered Corporate Services Division Report No. 21 – Policy Manual Stage 1. Council resolved to make amendments to the Policy Manual as listed in attachment AT-1 to that report subject to some additional amendments.

On 19 May 2008, Council considered the Stage 2 recommended amendments to Development related policies in Corporate Services Division Report No. 29 and resolved to:

1. Amend the policies in the Policy Manual that are listed in attachment AT-1 – Lane Cove Council Policy Manual Review 2008 Stage 2 dated 14 May 2008 as shown in that Attachment, subject to policy D03012 being amended to retain the limit of $5 million before a model is required.

2. In relation to Policy No. D01006, use of Council’s logo, delete parts 2 and 4.

This report follows the above mentioned Council reports in making recommended amendments to the Policy Manual on the basis of review.

Discussion

Recommended Amendments

Attached at AT-1 is the Policy Manual from headings L to Z with recommended amendments shown i.e. proposed deletions are indicated with strikethrough text and additions are in bold italics.

Below is commentary on the policies to be amended as shown in AT-1. Only policies recommended for amendment are listed with commentary:

L02002 - Commercial Use of the Library

This policy relates to the use of the Library for functions and does not allow functions to be conducted by commercial enterprises. Currently, due to limited space, the Library is unavailable for functions. However, Council will consider commercial use of the new Library facilities when completed e.g utilisation of the meeting rooms. It is recommended that this policy be deleted.

L02003 - Membership Identification Criteria

This policy relates to the membership identification. This policy has been amended to correct reference to the Shorelink Library Network. It is recommended that this policy be amended accordingly.

L02004 - Library Hours

This policy specifies the hours for which the Library, including its various sections, will open to the public. The policy has been updated to be consistent with current Library hours, keeping in mind not only the maximum availability to users but also the constraints of costs to Council and the renovations that will occur. It is recommended that this policy be amended accordingly.

L02005 – Library Borrowing – Number of Items

This policy establishes the maximum number of items which can be borrowed from the Library by members. The policy was adopted at a time when DVDs, Audiobooks and CD-ROMs were not available and the policy has been amended for their inclusion. It is recommended that this policy be amended accordingly.

L02006 - Period Of Loans

This policy sets out the maximum period for loans of items from the Library so that the needs of all Library users can be best met. This policy has been updated to include the loan of DVDs. It is recommended that this policy be amended accordingly.

L02007 - Photocopiers - Public

This policy relates to photocopiers for use by the public in the Library. This policy was adopted at a time when only coins were accepted for payment of copying, whereas today Library cards can be loaded with money to pay for copying. It is recommended that this policy be amended accordingly.

L02009 – Censorship

This policy states that censorship shall not be exercised by Council, individual Councillors, staff or members of the public, as Federal and State authorities review the censorship of books. The policy has also been amended to include all types of material, not just books. It is recommended that this policy be amended accordingly.

L02010 - The Collection

This policy relates to how Council will provide circulation, reference and information service which meets the need of the community and the Library's obligation under the NSW Subject Strengths Scheme. The policy has been amended to remove references to the Sydney Subject Specialisation Scheme as it has been replaced by the NSW Subject Strengths Scheme. It is recommended that this policy be amended accordingly.

L02011 - Donations Of Materials To The Library

Relating to donations of materials to the Library, an Objective which is consistent with other Library policies has been included in this policy. It is recommended that this policy be amended accordingly.

L02012 - Display Of Community Notices

This policy reserves the official Council notice boards for community, cultural, educational, Government, Library and/or recreational notices and announcements. As the organisation known as SCOLA does not exist, this reference has been removed. It is recommended that this policy be amended accordingly.

L02014 - Marjorie Propsting Memorial Library

This policy relates to the library service to the Greenwich area of the Lane Cove. The policy has been amended to update reference to Greenwich Progress Association with Greenwich Community Association and the reference to Greenwich Public School Parents and Citizens Association with the Greenwich Senior Citizens’ Association in relation to the Marjorie Propsting Memorial Library Working Party. It is recommended that this policy be amended accordingly.

L02016 - Fees And Related Income

This policy relates to Library fees, charges and levy fines on outstanding Library materials. This policy states that fees for the late return of library materials will not be charged to children of a particular age. The policy has been amended in accordance with current practice to change the age limit to 14 years from 13 years. It is recommended that this policy be amended accordingly.

L02017 – Corporate Library

This policy relates to the Corporate Library of Council which contains a specialised collection of reference and circulating materials covering topics relevant to Local Government. The Objective of this policy has been refined to clarify the purpose for which the Corporate Library exists as outlined in the remainder of the policy. It is recommended that this policy be amended accordingly.

L02018 - Local History Collection

This policy relates to the establishment of the local history collection within the Library. Video recordings and DVDs been added to the list of types of material collected and amendments have been made to the archival of local history. As archives under Council’s care and control may be stored locally or at the NSW Government Records Repository, this policy has been amended to include off-site storage of archives.

In addition, references to Local History Section have been updated with reference to the Local Studies Section. It is recommended that this policy be amended accordingly.

L02019 – Publications by the Library

This policy seeks to recognise the Library as a valuable source of historic and cultural information through the publication of articles. Minor amendments have been made to this policy to correct references to the Local Studies Collection and the Manager, Local Studies & Archives. It is recommended that this policy be amended accordingly.

L02022 - Stock Withdrawal and Replacement

This policy relates to Library material withdrawal and replacement in maintaining an up-to-date and representative collection. A minor amendment has been made to correct reference to the NSW Subject Strengths Scheme. It is recommended that this policy be amended accordingly.

L02024 - Photographing of the Lane Cove Municipality on a Regular Basis

This policy relates to providing systematic photographic coverage of Lane Cove. Reference to Project Environment, a State government program, no longer operates and has been deleted. It is recommended that this policy be amended accordingly.

P03501 - Physical Access Policy

This policy relates to access for all members of the community to enjoy safe, easy access to buildings facilities and services. The Access Committee has carefully reviewed this policy and recommends a number of amendments. The title of this policy has been changed from Physical Access Policy to Disability Access Policy because the notion of ‘physical’ access is limiting. This policy should have a wider application to cover all people with disabilities. A definition of ‘disability’ has been inserted in the policy with regard to the Disability Discrimination Act 1992 (Cth).

The changes to the policy statement picks up on a recommendation made in Lane Cove’s Social Plan and also incorporates issues that have come out of the Disability Discrimination Act Action Plan (DDA Action Plan). The new Objectives in the policy reflect the latest thinking in the DDA Action Plan which cover Council’s legal obligations as an owner and manager of buildings and spaces for the community. The objectives relating to Community Participation, Employment and Training, Communication and Information seek to establish Council as a leader and advocate. It is recommended that this policy be amended accordingly.

P01002 – Exemption from Restriction

This policy merely states the law, that there are no exemptions for 2 hour parking. It is not appropriate to grant individuals extra time for parking on an ad hoc basis. The “All Day” Paid Parking Permit Scheme is how Council provides access to parking spaces in the village for longer time periods. It is recommended that this policy be deleted.

P04001 - Replacement Of Plant

This policy seeks to ensure the proper administration of Council assets through the tenders and quotations process. The administration of Council assets is now covered by Council’s Tender and Quotation Procedure. It is recommended that this policy be deleted.

R02002 - Definition Of A "Record"