Agenda
Ordinary Council Meeting
16 March 2009
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,
Yours faithfully
Peter Brown
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 www.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.
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TABLE OF CONTENTS |
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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. 4
SUBJECT: 2008 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 that the
report specifically details the names of nominations for the 2008 Awards.
public
forum
Members of the
public may address the Council Meeting on any issue for 3 minutes.
CONFIRMATION
OF MINUTES
2. ORDINARY
COUNCIL MEETING - 2 MARCH 2009
Orders Of The Day
3. Order Of The Day No. 3
SUBJECT: Citizenship Ceremony - 8th April 2009
4. Order Of The Day No. 4
SUBJECT: Council and Committee Meeting Schedule - April
2009
5. Order Of The Day No. 5
SUBJECT: Report on Planning Legislation - Skills and
Knowledge LGSA Training Course
Corporate Services Division Reports
6. Corporate Services Division Report No. 12
SUBJECT: Lane Cove Golf Course Advisory Committee
Open Space and Urban Services Division Reports
7. Open Space and Urban Services Division
Report No. 11
SUBJECT: Flying Fox at Burns Bay Reserve, Riverview
Environmental Services Division Reports
8. Environmental Services Division Report
No. 3
SUBJECT: Street Name Proposal - off Burns Bay Road
9. Environmental Services Division Report No. 4
SUBJECT: Response to Notice of Motion - Problems With
High Front Guttering
Human Services Division Reports
10. Human Services Division Report No. 3
SUBJECT: Shorelink Library Network Restructure and
Shorelink Policies
QUESTIONS WITHOUT NOTICE
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Order Of The Day
No. 3 |
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Reference: Order Of The
Day No. 3
Subject: Citizenship Ceremony
- 8th April 2009
Record No: su28 - 6925/09
Author(s): Anita
Holesgrove
Executive Summary
The Mayor will conduct a Citizenship Ceremony in the
Council Chamber on Wednesday 8th April 2009 commencing at 7:00pm.
A Councillor is required to attend the Ceremony and
speak to the new citizens about local government.
That a Councillor nominates to attend the
Citizenship Ceremony on 8th April 2009 and speak to the new
citizens about local government. |
Peter Brown
General Manager
General Managers Unit
There are no supporting documents for this report.
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Order Of The Day
No. 4 |
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Reference: Order Of The
Day No. 4
Subject: Council and Committee
Meeting Schedule - April 2009
Record No: SU1915 - 7005/09
Author(s): Ian Naylor
The Council and Committee Meeting Schedule for April
2009 is proposed as follows:-
April 4 Inspection Committee
April 6 Ordinary Council
Planning
and Building Committee
Services
and Resources Committee
April 20 Ordinary Council
Planning
and Building Committee
Services
and Resources Committee
That the Council and Committee Meeting Schedule for
April 2009 be adopted. |
Craig Wrightson
Executive Manager
Corporate Services Division
There are no supporting documents for this report.
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Order Of The Day
No. 5 |
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Reference: Order Of The
Day No. 5
Subject: Report on Planning
Legislation - Skills and Knowledge LGSA Training Course
Record No: SU2520 - 7377/09
Author(s): Councillor
Pam Palmer; Councillor Shauna Forrest
Executive Summary
The purpose of this report is to provide Council with
a summary of the LGSA training course attended by Councillors Palmer and
Forrest.
Discussion
On Saturday 7th March, Councillor Forrest
and Councillor Palmer attended the course “Planning Legislation – Skills and
Knowledge” conducted by Learning Solutions for the LGSA.
The presenter was Gerry Holmes, a barrister of the
Supreme Court NSW and former lecturer in Local Government Studies and Law at
the
Land use planning is a very important and sensitive
issue for councils. The course looked
at Councillors’ responsibility to reconcile the competing interests of a number
of stakeholders while considering the legislative framework including
ecological, environmental and heritage factors.
Interesting case studies illustrated how Councillors
can better understand the following:-
· potential
conflicts of interest
· environmental
planning instruments (EPIs) including the new LEP template
· assessing
the potential impacts of climate change and the Threatened Species Conservation
Act on permitted land use
· consideration
of the public interest in development assessment (EP&A Act Section79C)
With this knowledge, Councillors’ should be better
able to fulfil their responsibilities, particularly as members of the Planning
& Building Committee.
That the report be received and noted. |
Councillors Pam Palmer and Shauna Forrest
There are no supporting documents for this report.
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Corporate Services
Division Report No. 12 |
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Reference: Corporate
Services Division Report No. 12
Subject: Lane Cove Golf Course
Advisory Committee
Record No: SU2932 - 7008/09
Author(s): Ian Naylor
Executive Summary
The purpose of this report is to advise that the Lane
Cove Country Club has nominated Rick D’Amico to be the community representative
on the Lane Cove Golf Course Advisory Committee.
Background
Council considered nominations for community
representatives on council committees at its meeting on 17 November 2008. At that time no nomination had been received
for the position of community representative of the Lane Cove Golf Course
Advisory Committee.
Discussion
The charter of the Lane Cove Golf Course Advisory
Committee provides for a local resident as a community representative, who
plays golf at least occasionally and who is not a member of the Lane Cove
Country Club.
At the Golf course Advisory Committee Meeting on 25
November 2008, the Committee suggested that as no nominations had been received
that Rick D’Amico be approached to fill this vacancy. Rick D’Amico has agreed to fill this position
and be the community representative on the Lane Cove Golf Course Advisory
Committee.
That Council endorse the recommendation of Rick
D’Amico as the community representative for the Lane Cove Golf Course
Advisory Committee. |
Craig Wrightson
Executive Manager
Corporate Services Division
There are no supporting documents for this report.
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Open Space and Urban
Services Division Report No. 11 |
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Reference: Open Space
and Urban Services Division Report No. 11
Subject: Flying Fox at
Record No: SU328 - 7232/09
Author(s): Wayne
Rylands
Executive Summary
At the previous Ordinary Council Meeting on 2 March
2009, Council resolved that a report be prepared on options for suitable
controls for the Flying Fox at Burns Bay Reserve, Riverview. This resolution
was a result of a petition from residents of
Background
The Flying Fox and other playground equipment,
suitable for children over 6 years of age, was installed at the northern end of
Burns Bay Reserve in August 2007. A
complaint regarding night time use, and associated inappropriate behaviour, of
the Flying Fox was received in January 2008. The complainant requested that the
Flying Fox be removed due to the use of inappropriate behaviour by some
adolescents during the night-time (late PM/early AM). Police intervention was
sought, but was ineffective from the complainant’s viewpoint. As a result of
this complaint, Council undertook a survey of the residents of
A number of further complaints have been received from
the same residence over the past 12 months, regarding additional incidents of
poor behaviour by young adults in the vicinity of the Flying Fox. The
complainant also claims that the Police have not been able to respond to the
concerns raised in a reasonable time, such that the ‘trouble-makers’ are gone by
the time the Police arrive. This has culminated in the petition, as tabled at
the previous meeting, calling for suitable controls to be engaged to prohibit
use of the Flying Fox between Sunset and
If Council agrees this is a problem, there are two
main issues to consider in resolving it. The first is to identify a suitably
safe method/control of locking the Flying Fox to meet with the requirements of
the relevant Australian Standard. The second is identifying the most suitable
party/parties able to regularly lock/unlock the Flying Fox at Sunset and
Discussion
To comply with safety requirements of the Australian Standard for
Playground Equipment, Council will need to request the manufacturer to design a
suitable and safe method to attach the chain to restrict its use. The
methods to do this would either:
(i) require a very long chain that could be linked back to the support
structure, which is highly undesirable due to the risk of strangulation,
entrapment or allowing access to a higher part of the structure that could
cause injury; or
(ii) require a specially designed loop on the landing platform to
padlock the seat to, which would need to be specifically designed to avoid
finger or clothing entrapment.
The playground equipment was supplied to Council through a
Rather, it is considered
more appropriate to make the lock up/unlocking times for the Flying Fox
consistent. It would not be unreasonable to make the time about 7pm for lock
up, and 7am for unlocking. The Council Gardener, who looks after the
playground area, has her tool store at Burns Bay Reserve and so is there most
weekday mornings at around 7am. She would be able to unlock the equipment on
weekday mornings at this time. Locking the Flying Fox up at night, and
locking/unlocking it on weekends, is more difficult from a Council resourcing
point of view. The Council Gardener finishes work at 4pm on weekdays and does
not work weekends. Council’s Regulatory Service
Officers have numerous other duties to perform at those times that would remove
this from consideration.
As such, it is considered
that other alternatives will be required to lock up the Flying Fox on weekdays,
and undertake both the locking/unlocking of the equipment on weekends; As the
residents of Kooyong Road reside in close vicinity to the Flying Fox, it may be
possible that a representative/s would be able to organise the
locking/unlocking of the Flying Fox at the designated times.
Consultation
Council will consult with the residents of
That:- 1. Council write to the
residents of Kooyong Road, requesting their assistance in finding an
interested party to lock/unlock the Flying Fox when Council staff are unable
to perform this task, specifically on weekday afternoons and on weekends. 2. Upon successfully finding an
interested party to lock/unlock the Flying Fox, Council notify the public of
this by signposting that the Flying Fox will be locked between 7pm and 7am. 3. If no interested parties
come forward, a further report be prepared for Council on the status of the
Flying Fox issue and whether further action is required. |
Wayne Rylands
Executive Manager
Open Space and Urban Services Division
There are no supporting documents for this report.
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Environmental
Services Division Report No. 3 |
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Reference: Environmental
Services Division Report No. 3
Subject: Street Name Proposal
- off
Record No: SU1075 - 6411/09
Author(s): Stephanie
Bashford
Executive Summary
Council is asked to
resolve a request from a concerned local resident in the vicinity of
Background
Description
Council has a
received a request to provide a street name to a portion of unnamed road
commencing at the traffic lights approximately 250m north of Carisbrook House,
on the eastern side of Burns Bay Road. It has an area of approximately 280m2.
The road provides access to residential and industrial properties and is shown
on the maps at AT1 and AT2.
History
The portion of road to be named comprises two small
sections:
i) 150m2
of public road (not named) zoned Industrial Special 4(c) created under LEP
Amendment No.43 (gazetted in 2000); and
ii) 130m2
of Lane Cove Council land zoned residential, not yet formally declared a public
road, which is part of an acquired strip of land.
By around
2000, Council had acquired 750m2 of land south of
Context
The naming of this
street is being considered in the broader context of the proposed rezoning of
part of the disused
Discussion
Grounds for the
Request
The request has been
made by a concerned local resident on two grounds:
1. That an
ambulance was delayed in attending to a medical emergency in this locality; and
2. That large
items of rubbish were not being collected by contractors with the assumed
reason being difficulties in locating the addresses. On investigations with
council officers, it would appear that locating the addresses was not the
issue. The issue relating to rubbish collection involved large items being put
out when tenants moved out and then other residents adding to the pile of
items. This issue has been resolved with council officers arranging specific
household rubbish pick up dates with the body corporate of the residential flat
buildings.
Benefits of the Proposal
The subdivision
pattern in this part of Lane Cove is unusual in that numerous properties, both
residential and non-residential, all have access converging at one point: the
link road. However, the link road between these properties and
The following
properties would be likely to benefit from the naming of this small piece of
road adjacent to the lights:
Residential -
292 -
300A, B and
Industrial -
Additionally, the following properties would be
affected if the road is extended to the south:
316A
318 –
It is not proposed
that the longer, private section of the road be renamed as this is a matter for
the bodies corporate, and would require a large number of residents to change
their addresses possibly giving rise to confusion for service providers.
Signage
Council should
consider the need for clearly designed signage to both
Proposed Street Name
Names proposed by
Council staff include
Procedure
The formal procedure
for naming the street, if Council supports the request, is to advertise the
proposal in a local newspaper and to notify the Geographical Names Board, and
other relevant public authorities, with one month’s notice, in accordance with
the Roads Act 1993 and Regulation 1994. This period would be extended to six
weeks under Council’s Consultation Policy. See also Community Consultation
section below.
Referrals
The proposal has been referred to the following
Council staff / departments:
· Traffic
Manager;
· Property
Section;
· Special
Projects Manager;
· Open Space
Manager.
The above staff / departments report no history of
complaints received regarding current street numbering, with the exception of
the issue raised by the concerned resident outlined above.
Comment
While the reasons for
wanting to name the portion of road are understood, concern is raised over
whether this will actually cause more confusion for residents, owners and
tenants in the vicinity than is currently experienced. These properties will
retain their
Conclusion
It is recommended
that Council determine whether it wishes to proceed towards naming the road. If
so, staff could report back to Council after detailed investigations (i) with
service providers (for example, the Ambulance Service and Energy Australia)
regarding their views on the proposal to improve emergency and other service
access and (ii) regarding potential names for the road.
That:- 1. Council
resolve whether it wishes to proceed towards naming the road portion referred
to in this Report; 2. If Council
wishes to proceed as in Resolution No.1, a further report be provided by
staff describing:- (i) the
views of service providers as to the benefit of naming the road referred to
in this report for improving access and (ii) a
more detailed report be provided to Council on potential names for the new
road. |
Michael Mason
Executive Manager
Environmental Services Division
AT‑1 View |
Site Location Map |
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AT‑2 View |
Aerial Photograph of
Locality |
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AT‑3 View |
Existing |
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Environmental
Services Division Report No. 4 |
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Reference: Environmental
Services Division Report No. 4
Subject: Response to Notice of
Motion - Problems With High Front Guttering
Record No: SU1440 - 6924/09
Author(s): Peter
Thomas
Executive Summary
· At the
Council Meeting of 2 March 2009, Councillor Forrest Notice of Motion in
relation to problems encountered with high fronted guttering.
· The
question was raised whether Council could amend its standard conditions to
ensure that any future approvals complied with the provisions of the Building
Code of Australia.
· The issue
of high fronted guttering is dealt with in Section 3.5.2.4(d) of the Building
Code of Australia.
· The
existing conditions of consent for all development applications and a prerequisite
for Complying Development is compliance with the Building Code of Australia.
Background and
Discussion
It was resolved at the Council Meeting of 2 March
2009, that:-
On the Motion of
Councillors Forrest and Bennison that report be brought back to Council as to
how Council can immediately amend the standard conditions of consent to
explicitly ensure that all new approvals for building works involving new or
replacement guttering comply with the building Code of
In relation to the Building Code of Australia, this
issue is dealt with as follows:-
3.5.2.4 (d) Where
high-fronted gutters are installed, provision must be made to avoid any
overflow back into the roof or building structure by installing slotted gutters
or the like.
This requirement is called up, with other structural
type issues via the Council’s standard condition which states:-
All building works are required to be carried out in accordance with the
provisions of the Building Code of Australia.
This condition is applicable to all Development
consents. A prerequisite for Complying
Development is that it also must comply with the Building Code of Australia.
Detailed specific Building Code requirements are not placed on consents.
Conclusion
The use of high fronted guttering is permitted under
the Building Code of Australia, provided it has a slotted front to allow excess
water to escape away from the building’s roof or wall cavity. The Council’s existing conditions require
compliance with the Building Code of Australia and this requires builders and
Certifiers to ensure that this occurs.
Otherwise the building is in breach of the Building Code of Australia.
That the report be received and noted. |
Michael Mason
Executive Manager
Environmental Services Division
There are no supporting documents for this report.
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Human Services
Division Report No. 3 |
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Reference: Human
Services Division Report No. 3
Subject: Shorelink Library
Network Restructure and Shorelink Policies
Record No: SU1738 - 7181/09
Author(s): Jennifer
Bice
Executive Summary
Shorelink is a computer
network that links the five Lower North Shore Council Libraries of Lane Cove,
Manly, Mosman,
Since July 2006 North
Sydney Council has been the Agent Council for the Shorelink Library Network.
The Agent Council is designated by the Shorelink Committee and manages the
Shorelink administrative function on behalf of the five Councils. Contracts and
tender arrangements on behalf of the Shorelink Library Network are managed by
North Sydney Council.
In November 2007 Shorelink
began investigating a restructure with services being moved to a managed
services model and staff hours being reduced. The restructure relocates
hardware and communications management to suppliers and enables Shorelink staff
to concentrate on developing the network - utilising emerging technologies and
enhancing Shorelink’s reputation for innovation.
The recommended model was
endorsed by the Shorelink Committee in June 2008 – Lane Cove is represented on
this Committee by Councillor Win Gaffney and Manager – Library Services,
Jennifer Bice. The Shorelink Library Network Manager requested and was granted
voluntary redundancy in December 2008. This
report details the progress of the restructure and asks Council to endorse
changes to Council Policy L02023 Shorelink Policies and Procedures.
Background
At the November 2007
Shorelink Committee Meeting a confidential memo from the Library Managers was
tabled and discussed. This memo recommended a review of the Shorelink Office to
place Shorelink on a more sustainable footing, with a cost neutral result. This
would involve a new structure combining the services of reduced Shorelink staff
hours and increased services from the software and communications systems
suppliers. At this Meeting the Committee resolved:-
RESOLVED: 2007/2008:
14
THAT the Shorelink Library
network resolves in principal to restructure the Shorelink Office and that the
proposals and issues outlined by the Shorelink Library Managers be investigated
and reported back to the Shorelink Committee in February 2008.
After much investigation by
the Library Managers of the five Shorelink Libraries, with the assistance of
the IT Managers of North Sydney and Willoughby Councils the Committee made the
decision to proceed with the move to the restructure at the June 2008 Shorelink
Committee Meeting.
Communications
Quotations were received from three telecommunication providers and the
current provider was able to offer a complete service with significantly
increased bandwidth at a very attractive price. Aside from price, the
recommended supplier, Netforce’s advantage over the other submissions included
a willingness to support the ancillary services (and hardware).
In December 2008 North Sydney Council advised the Shorelink Library
Managers that the telecommunication contract would not require a tender
process. The NSW Procurement Client Support Centre advised that Netforce
services could be purchased under Government Contract 2069.
Library Management System
While the proposed restructure did not recommend a change of Library
Management Systems (currently SirsiDynix) it did require a move to the SAAS
(software as a managed service) delivery model.
Because Shorelink was to sign a three year contract with the existing
supplier the Shorelink Secretary, Mosman’s Library Manager sought legal advice
on tender requirements. She was advised
by Pike Pike & Fenwick, that Shorelink did not need to go to tender. The
advice cites Section 55 (3) of the Local Govt. Act. This view was supported by advice from the
Agent Council,
Utilising the SaaS delivery model will allow Shorelink
to obtain system management expertise for SirsiDynix products by
SirsiDynix-certified systems administrators. By using SirsiDynix to host the
Library Management System the network will gain the advantages of these
technologically advanced products, but without having to be directly
responsible for the time and skill intensive tasks of managing the software,
hardware, and databases. The SirsiDynix SaaS product adds valuable services –
such as capacity on demand, redundant systems, disaster recovery and
24-hour-a-day, seven-day-a-week, 365-day-a-year support – as well as reducing
total cost of ownership. The intention is to let SirsiDynix take the burden of
basic administration, leaving the Shorelink staff able to focus on more
strategic goals.
This model of Library Management System delivery is
common in the
The SWIFT consortia was formed in 2006 by 9 Victorian
public libraries and utilises the
SirsiDynix SaaS product. It is interesting that the Southern Sydney Regional
Organisation of Councils group of libraries (16 LGAs) are currently considering
joining the SWIFT consortia. The SWIFT consortia is confined to the purchase of
Library Management System modules and shared access to collections – the SWIFT consortia does not currently
share a borrower database but they intend to follow the Shorelink example
(twenty six years with shared borrowers) in the near future.
In addition to the basic services offered by SWIFT the
Shorelink consortia also purchases and/or supports a number of other technology
solutions including Internet provision, wireless access, Internet filtering,
eBooks, Talking Technologies, PC Reservation systems, etc. The Shorelink
restructure will allow Shorelink to seek further opportunities for co-operative
arrangements within the network.
Staffing
Towards the end of 2008 the Shorelink Network Manager
requested a voluntary redundancy and left Shorelink in December. The new
position of Shorelink Co-ordinator has been advertised and interviews are
scheduled in March 2009. The new Co-ordinator will be assisted by appropriate
support staff, particularly during the restructure.
Restructure Scheduling
The restructure will be implemented in two stages,
commencing with relocation of Telecommunications and Internet services to an
external host site. When this component is up and running and has been fine
tuned, the move of the Library Management System to the SirsiDynix remote
hosting site will take place. The Shorelink Secretary is negotiating an
implementation schedule with Netforce and SirsiDynix.
Shorelink Policies
The
attached revised Policies Manual was adopted by the Shorelink Committee in
November 2008.
The
five Shorelink Libraries operate independent library services and have their
own policies for most areas of operation - e.g. Library hours, period of loans,
collection, censorship, fees & related income, etc. Lane Cove’s policies
are listed in the Lane Cove Policy Manual L02001 – L02024. However, there are some shared Shorelink
polices that are determined by mutual agreement between the member Councils.
The
Shorelink Policies Manual sets out the policies and procedures that member
councils have agreed are necessary to ensure the smooth running of the
network. The revised Shorelink Policies
Manual will replace Lane Cove Council Policy L02023 Shorelink Policies and
Procedures.
Conclusion
As an
innovative library consortium Shorelink has undergone many changes since 1983.
As new technologies have evolved Shorelink has utilised them to produce
outstanding outcomes for the member Councils’ communities. The three libraries
with the highest loans per capita in NSW are all Shorelink libraries (Lane
Cove,
The restructure
will ensure 24-hour-a-day,
seven-day-a-week, 365-day-a-year operations support (Telecommunication and
Library Management System) and improved capacity planning (monitored by
supplier). It
is intended that the Shorelink restructure will allow the network to
concentrate on strategic goals and better utilising emerging technologies,
putting it in a stronger position to face the next twenty six years of
development.
That Council:- 1. Note
the report. 2. Endorse
the Shorelink Policies Manual as Council Policy LO2023 Shorelink Policies and
Procedures. |
Jane Gornall
Executive Manager - Human Services
Human Services Division
AT‑1 View |
Shorelink Library Network
Policies Manual |
21 Pages |
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