Agenda

Ordinary Council Meeting

20 April 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, 48 Longueville Road, Lane Cove on Monday 20 April 2009 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 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.

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. 6

SUBJECT: Financial Assistance to Community Groups 2009 to 2010

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 Financial assistance is used by some organisations for the employment of staff and therefore disclosure of the funding arrangements is not in the public interest.

public forum

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

CONFIRMATION OF MINUTES

2. ORDINARY COUNCIL MEETING - 6 APRIL 2009

Notices of Rescission

3. Notice of Rescission No. 1

SUBJECT: 24-28 Lane Cove Plaza

Orders Of The Day

4. Order Of The Day No. 6

SUBJECT: Council and Committee Meeting Schedule - May 2009

Notices of Motion

5. Notice of Motion No. 3

SUBJECT: Development Applications 246/04 and 272/07 24, Lane Cove Plaza

6. Notice of Motion No. 4

SUBJECT: Road Safety at Northwood/River Rd Intersection

Corporate Services Division Reports

7. Corporate Services Division Report No. 18

SUBJECT: Allocation of Financial Assistance Grants From the Federal Government

Open Space and Urban Services Division Reports

8. Open Space and Urban Services Division Report No. 17

SUBJECT: Operational Review of the Village Xpress Shuttle Service

Environmental Services Division Reports

9. Environmental Services Division Report No. 8

SUBJECT: Delegated Authority Report - March 2009

QUESTIONS WITHOUT NOTICE

Reference: Notice of Rescission No. 1

Subject: 24-28 Lane Cove Plaza

Record No: DA04/246 - 11004/09

Author(s): Councillor Pam Palmer; Councillor Roderick Tudge; Councillor Shauna Forrest

RECOMMENDATION

That the resolution in relation to Environmental Services Division Report No.97 of 6 April 2009 to approve the applications made under section 96 of the Environmental Planning and Assessment Act 1979 to amend Development Application DA 246/04 and DA272/07 be rescinded.

Councillor Pam Palmer

Councillor

Councillor Roderick Tudge

Councillor - East Ward

Councillor Shauna Forrest

Councillor

ATTACHMENTS:

AT‑1 View

Extract of Council Minutes 6 April 2009 with Resolution of ESD Report No. 97

5 Pages

Reference: Order Of The Day No. 6

Subject: Council and Committee Meeting Schedule - May 2009

Record No: SU1915 - 10687/09

Author(s): Ian Naylor

The Council and Committee Meeting Schedule for May 2009 is proposed as follows:-

May 2 Inspection Committee

May 4 Ordinary Council (Budget and Management Plan)

Planning and Building Committee

Services and Resources Committee

May 18 Ordinary Council

Planning and Building Committee

Services and Resources Committee

RECOMMENDATION

That the Council and Committee Meeting Schedule for May 2009 be adopted.

Craig Wrightson

Executive Manager

Corporate Services Division

ATTACHMENTS:

There are no supporting documents for this report.

Reference: Notice of Motion No. 3

Subject: Development Applications 246/04 and 272/07 24, Lane Cove Plaza

Record No: DA04/246-1 - 11551/09

Author(s): Councillor Pam Palmer; Councillor Roderick Tudge; Councillor Shauna Forrest

This Notice of Motion will only be considered if Notice of Rescission No 1 is carried.

RECOMMENDATION

That the Recommendations contained in Environmental Services Division Report No. 97 of 6 April 2008, be adopted.

Councillor Pam Palmer

Councillor

Councillor Roderick Tudge

Councillor - East Ward

Councillor Shauna Forrest

Councillor

ATTACHMENTS:

AT‑1 View

Environmental Services Division Report No. 97, 24-28 Lane Cove Plaza, Lane Cove

20 Pages

Reference: Notice of Motion No. 4

Subject: Road Safety at Northwood/River Rd Intersection

Record No: SU1926 - 11575/09

Author(s): Councillor Pam Palmer

Executive Summary

Road safety at the Northwood/River Rd intersection has been a problem for many years. It is therefore proposed that a study be undertaken to determine how safety at this intersection can be improved and how the improvements can be funded.

Background

On 2^nd April 2009, a well-attended General Meeting of the Northwood Action Group was held. East Ward Councillors were also present. The safety of the Northwood/River Rd intersection was discussed. In particular, it was noted that the intersection has a history of road accidents, with six serious accidents reported in just the last few years.

The problems can only get worse as traffic movements increase on River Rd and make it increasingly difficult for drivers to enter/exit Northwood at this point. There is a current proposal to create a “seagull” intersection at the nearby entry to the Golf Course on River Rd. With the Golf Course entry only about 250m from Northwood Rd, residents are concerned that the “seagull” may have an adverse impact on any future traffic safety proposals for the Northwood Rd intersection.

It would therefore seem timely and appropriate to give the Northwood Rd intersection proper consideration.

RECOMMENDATION

That:-

1. Council note the road safety concerns expressed by residents regarding the Northwood Rd/River Rd intersection;

2. An expert report come back to Council with proposals to improve safety for cars, pedestrians and cyclists through a re-design of the intersection;

3. A further report come back to Council detailing how and when the road safety

improvements will be funded; and

4. An interim progress report come back to Council within the next three months.

Councillor Pam Palmer

Councillor

ATTACHMENTS:

There are no supporting documents for this report.

Reference: Corporate Services Division Report No. 18

Subject: Proposed Change in Allocation of Financial Assistance Grants From the Federal Government

Record No: su917 - 11501/09

Author(s): Ian Naylor

Executive Summary

The purpose of this report is to advise Council that Sutherland Shire Council has written to all NSW councils suggesting a change to the methodology and distribution of the national and state local government financial assistance grants. Under the proposed change Council would receive an increase of $394,618 in grant funding. It is recommended that Council support the change in methodology described in the report by making representations to NSW Premier, the Local Government & Shires Associations and the NSW Local Government Grants Commission requesting they adopt the proposed change in methodology to the allocation of financial grants.

Background

Council has received a letter from Sutherland Shire Council asking for Lane Cove Council to support a change in the methodology to the allocation of financial assistance grants and send written representations to the NSW Premier, the Local Government & Shires Associations and the NSW Local Government Grants Commission supporting this change. Local government financial assistance grants (FAG) are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995. The Commonwealth distributes the grants to a Local Government Grants Commission set up in each state, the ACT and the Northern Territory. The commonwealth distributes the grants by two components, they are:

· a general purpose component is distributed based on each state’s share of the national population. This is around 70% of the total sum to be distributed, and

· a local roads component is distributed based on a historical formula and this accounts for about 30% of the total sum to be distributed.

Grants are distributed on an estimates basis for population and CPI and if projections are not realised then the following year adjustments are made. Grants are unconditional and can be spent in any way a council decides. Once NSW receives its share of the grants it is then channelled through the NSW Local Government Grants Commission (LGGC) to local councils. The NSW LGGC is responsible for making recommendations on the allocation of the grants in NSW to the NSW Minister for Local Government. When accepted by the Minister they are referred to the Commonwealth Minister for Infrastructure, Transport, Regional Development and Local Government for final approval.

Discussion

National Grant Allocations in 2008-09

Key facts about the 2008-09 distribution of grants:

· the estimated national entitlement is $1.872 billion

· the general purpose component is $1.296 billion (69% of total)

· the local roads component is $575 million (31% of total) based on population

· NSW received $424.02 million of the general purpose component (32.7% of the national pool) based on a historical fixed share NSW received $166.89 million for the local roads component (29% of the national funds).

Distribution of Grants in NSW

The NSW LGGC distributes the grants in NSW by the same components received from the Commonwealth, that is by the general purpose and local roads components. However, the distribution methodology is based on the distribution principles set down by the Commonwealth Act.

The grant distribution is as follows:

·The general purpose component attempts to measure the extent of relative disadvantage between councils. This approach considers the extent of cost disadvantage in the provision of services (called expenditure allowances) and an assessment of the relative capacity of councils to raise revenue (called revenue allowances). It attempts to do this by also excluding any consideration of council policies and practices (called the effort neutral principle).

· The local roads component is assessed on the basis of each council’s proportion of the state’s population and the lengths of local roads and bridges. This formula was developed by the NSW Roads and Traffic Authority.

· Regardless of the general purpose distribution method all councils are entitled to a minimum amount, for 2008-09 this amount is $18.47 per capita. The minimum amount is calculated by taking 30% of the general purpose pool of funds and dividing it by the total state population. In 2008-09 Lane Cove received the minimum amount being $18.47 per capita. AT 1 shows all the financial assistance allocations for NSW councils in 2008-09.

As stated earlier the general purpose distribution by the NSW LGGC is based on an equalisation method which is very complex and analytical using:

· expenditure allowances

· revenue allowances, and

· the effort neutral principle

Expenditure Allowances

The expenditure allowances cover about 20 functional areas of expenditure including libraries, health, building control, recreation, roads etc. A mathematical formula is applied to specific statistics collected for each area to attempt to measure councils’ extent of relative disadvantage because of issues beyond their control. It covers assessments on criteria like non-english speaking users and residents, population distribution, duplication of facilities, family compositions and so on. The result is an attempt to measure how much more it costs a council above what is regarded as the standard cost to deliver that service, in other words the potential additional costs to council because of the disability calculated. The expenditure allowances disregard capital expenditure.

Revenue Allowances

This allowance attempts to assess a ranking of councils in terms of their relative capacity to raise revenue. This calculation is based on a theoretical capacity to raise revenue by comparing land values per property to a state standard. To assess a councils revenue raising capacity solely by reference to land values is a very crude methodology.

Effort Neutrality Principle

The final part of the assessment is the effort neutrality principle. This principle ignores council policies, decisions and practices to suggest all councils are assessed as equal before the two allowances are calculated. This then ignores council rating increases, financial and entrepreneurial policies and current financial position.

Change in Methodology

As detailed above, NSW receives only 30% of the national pool of funds for financial assistance grants from the Federal Government. Regardless of the general purpose distribution method all councils are entitled to a minimum amount, for 2008-09 this amount is $18.47 per capita. The minimum amount is calculated by taking 30% of the general purpose pool of funds and dividing it by the total state population

The proposed change to the methodology involves increasing the share of funding available for the minimum allocation based on population from 30% to 50% of the total State allocation. This new per capita amount would be allocated to aII councils categorised by the Local Government Remuneration Tribunal as Level 2 or higher as those councils are similarly disadvantaged with ageing infrastructure a feature. The resulting ''reductions'' in grants would be redistributed to the Level 3 and 4 councils to assist with meeting infrastructure spending requirements. Under this proposal Lane Cove Council would receive an additional $394,618 in financial assistance grants as shown in AT 2.

Conclusion

Sutherland Shire Council has written to all NSW councils suggesting a proposed change where 50% of the national pool of funds for financial assistance grants is allocated to NSW. Under this proposal 143 of 155 NSW councils are advantaged allowing them to undertake improvement of infrastructure and Lane Cove Council would receive an additional $394,618 in financial assistance grants. It is proposed that Council support this proposed change.

RECOMMENDATION

That Council send letters to the NSW Premier, the Local Government & Shires Associations and the NSW Local Government Grants Commission supporting Sutherland Shire Council’s proposal to change the methodology on which Federal Financial Assistance Grants are allocated based on NSW receiving 50% of the national pool of funds.

Craig Wrightson

Executive Manager

Corporate Services Division

ATTACHMENTS:

AT‑1 View	Current Distribution of Financial Assistance Grants	4 Pages
AT‑2 View	Financial Assistance with New Methodology	2 Pages

Reference: Open Space and Urban Services Division Report No. 17

Subject: Operational Review of the Village Xpress Shuttle Service

Record No: SU1697 - 11548/09

Author(s): Wayne Rylands

Executive Summary

This report reviews the operations of the Village Xpress Shuttle Service in line with the actions contained in Council’s Plans, in particular the 2007-2010 Management Plan.

Surveys of the current service, which has been operating since 2002, indicate it is underutilized, both by employees of the Lane Cove West Business Park and residents nearby to the two routes which the service currently operates on.

The service has a current budget of $80,000 per annum. Based on this budget and recent surveys of patronage undertaken on the two routes it operates, it has been identified that the average cost per passenger per trip is $10.16 on Route A and $121.21 on Route B. Like services in nearby areas operate on a cost per passenger per trip of about $4 to $6.

The scope of the review of the Village Xpress has been broadly determined by examining goals of the following Council documents:

§ Corporate Guiding Principals

§ Strategic Plan

§ Management Plan

§ Social Plan

From the review undertaken, it is proposed that either:

1. The Village Xpress service be terminated due to unacceptably high costs with little community benefit, that Council support alternate methods of delivery of service that provide community benefit for the target groups identified in Council’s Strategic, Management and Social Plans, and Council establish a Working Party that investigates the implementation of a public bus service between Lane Cove West Business Park and Lane Cove Town Centre; or

2. A commensurate charge be introduced for the Village Xpress service in line with other like services in the area that offsets the operational costs.

Background

The Village Xpress bus was commenced in mid-2002 as a Lane Cove Chamber of Commerce initiative to provide a transport service for residents and employees from Lane Cove West to Lane Cove Village. It commenced as a two day a week service until 2003 when Council funded the service and it expanded to two (2) routes operating five days a week between 11.00am to 2.30pm. Section 4.0 provides a detailed analysis of the service.

The Village Xpress has been the subject of recent reports to Council as follows:

· 19 February 2007 and 2 October 2007.

These reports discussed a number of matters including:

o A proposal by Advent 8 – Transit Media Infrastructure (TMI) of a pilot advertising project on the Village Xpress which had as one of its objectives to survey the usage of the bus service.

o The cessation, continuation and/or reassessment of the current routes of the service subject to the Market Square Development commencing.

o A proposed independent study of the Village Xpress.

o The upgrade of the current buses to an accessible vehicle.

o The introduction of a charge for the service.

Council at its meeting on 2 October, 2007 resolved:

o A report be prepared on the outcome of the usage of the service following the Advent 8 pilot project.

o A gold coin donation be introduced from 1 November, 2007.

o Council expresses its’ disappointment to the bus operator regarding the inability to provide an accessible vehicle.

Due to the Advent 8 pilot project not commencing, no data on the usage of the service was collected.

The 2007-2010 Management Plan contains an activity to review the operation of the Village Xpress Service with a view to increase usage and value to Lane Cove.

Issues to be addressed included:

· Routes

· Cost

· Accessible requirements

· Options for service provisions

Discussion

In the assessment undertaken in this report, the issues raised in the 2007-2010 Management Plan have been considered in an expanded form as follows:

· Routes

o Review current usage of routes

o Review increase in patronage

§ More commuters from existing routes

§ Different routes for same target groups

§ New target groups

· Disadvantaged

· Seniors

· Cost

o Per passenger per trip

· Accessible requirements

o Wheelchair accessible

o Bus stops hard to find – publicity, better documentation, signage

o Timetable review – traffic congestion, linking of bus routes

o Review Route A to provide more pick up/drop off areas – parking restrictions.

· Options for service provisions

However, it was considered that a more strategic approach to the assessment was also required.

The review of the service is divided into Historical Data, Strategic Purpose “the what”, and Method of Delivery “the how”.

o Historical Data

o Strategic Purpose

§ Relationship with Plans

§ Target Groups (Commuters)

· Residents

· Disadvantaged

· LCWBP - Workers

§ Prioritise purpose of Village Xpress

§ Best Value for Money

o Method of Delivery

The detailed review and assessment of the service is included in the “Operational Review of the Village Xpress Shuttle Service – April 2009”, included as Attachment 1.

Conclusion

The Operational Review of the Village Xpress Shuttle Service has identified that the current service is not providing a value-for-money operation for the target groups defined in Council’s Social Plan. The investigations undertaken have found that alternate community transport services provide better value-for-money, and these avenues should be further explored.

Council could also assist the Lane Cove West Business Park and Lane Cove Town Centre businesses by developing a Working Party to investigate the implementation of a public bus service between Lane West Business Park and the Lane Cove Town Centre.

RECOMMENDATION

That Council:-

1. Withdraw the Village Xpress Bus Service and replace it with alternative community based services to meet the needs of the existing resident users, and promote the use of State Transit bus services for Business Park employees.

2. Establish a Working Party, consisting of Lane Cove West Business Park and Lane Cove Chamber of Commerce representatives, Council officers and State Transit Authority officers, to investigate the implementation of a public bus service between Lane West Business Park and the Lane Cove Town Centre.

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

ATTACHMENTS:

AT‑1 View

Operational Review - Village Xpress Shuttle Service, Draft Report - April 2009

24 Pages