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Agenda

Ordinary Council Meeting

1 February 2010

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 Council Chambers on Monday 1 February 2010 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 Win Gaffney. 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.

 

 

 


Ordinary Council 1 February 2010

 

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. 1

SUBJECT: Possums Corner Council Assistance

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.

 

2.       Corporate Services Division Report No. 4

SUBJECT: Request to Purchase Bushland at rear of 34 Ronald Avenue

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; 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 report includes details of the commerical value Council has placed on the property and disclosure would impact on the possible purchase process. 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 7 DECEMBER 2009

 

 

Orders Of The Day

 

4.       Order Of The Day No. 1

SUBJECT: Citizenship Ceremony - 10 February 2010

 


Corporate Services Division Reports

 

5.       Corporate Services Division Report No. 1

SUBJECT: Councillors Records Management Policy

 

6.       Corporate Services Division Report No. 5

SUBJECT: Delegation of Authority During the Christmas Recess

 

Open Space and Urban Services Division Reports

 

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

SUBJECT: Draft Nature Strip Mowing Policy

 

Environmental Services Division Reports

 

8.       Environmental Services Division Report No. 1

SUBJECT: New Prohibitions against Political Donations by Property Developers - The Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009

 

9.       Environmental Services Division Report No. 2

SUBJECT: Delegated Authority Report - December 2009

 

Human Services Division Reports

 

10.     Human Services Division Report No. 2

SUBJECT: Carisbrook House OPENING HOURS

 

11.     Human Services Division Report No. 3

SUBJECT: Library fit-out Progress Report - No. 3.................................... 15  

 

 

 

 

               


Ordinary Council Meeting 1 February 2010

 

Order Of The Day No. 1

 

 

 

 

 

Reference:    Order Of The Day No. 1

Subject:          Citizenship Ceremony - 10 February 2010    

Record No:    SU28 - 2984/10

Author(s):       Millie  Stephen 

 

 

Executive Summary

 

A Citizenship Ceremony will be conducted in the Council Chamber on Wednesday 10th February 2010 commencing at 7:00pm.    A Councillor is required to attend the Ceremony and speak to the new Citizens about local government.

 

 

 

RECOMMENDATION

 

That a Councillor be nominated to attend the Citizenship Ceremony of 10 February 2010 and speak to the new citizens about local government.

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

    


Ordinary Council Meeting 1 February 2010

 

Corporate Services Division Report No. 1

 

 

 

 

 

Reference:    Corporate Services Division Report No. 1

Subject:          Councillors Records Management Policy    

Record No:    su2823 - 51657/09

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The purpose of this report is to advise Council of its recordkeeping responsibilities and provide a draft Councillors Records Management policy for review and adoption.

 

Background

 

Section 3(1) of the State Records Act 1998 requires councils to ensure 'any record made and kept or received and kept, by any person in the course of the exercise of official functions’ is documented in Council’s records management system.  This applies to staff, Councillors and any person creating records while undertaking the business of council. 

 

Council has a Records and Archive Policy which details how council staff manages documents it creates and receives to meet the requirements of the State Records Act 1998.  However, NSW State Records recommends that councils develop a policy specifically for Councillors to help them identify what records must be kept and how they are to be managed.

 

Discussion

 

A Draft Councillors Records Management Policy shown attached as AT 1 has been developed to assist Councillors in determining which records need to be sent to Council for inclusion in the document management system and how records received by Councillors are to be managed. 

 

Records that Councillors may hold and need to be documented in Council’s document management system include:-

 

·     correspondence, including emails, regarding building and development matters;

·     a petition received from a community group;

·     declarations concerning a Councillor's pecuniary interests;

·     speech notes made for addresses given at official Council events; and

·     complaints, suggestions or enquiries by rate payers about Council services.

 

 

Councillors should create and capture full and accurate records of any significant business undertaken in the course of their official duties for Council. Significant business can include:-

 

·     providing advice, instructions or recommendations;

·     drafts of documents for Council containing significant annotations or submitted for comment or approval by others; and

·     correspondence received and sent relating to their work undertaken for Council.

 

 

Any of the above records received or created by Councillors should be sent to Council’s Manager – Governance for inclusion in Council’s document management system.


Incoming correspondence for Councillors received by Council is forwarded onto the respective Councillor and if it falls into the above categories it must be returned for inclusion in Council’s document management system. All correspondence addressed to the Mayor is registered by records staff into the document management system before being forwarded to the Mayor.

 

 

Conclusion

 

All records received or created in the course of official council business need to be captured in Council’s document management system.  The Draft Councillors Records Management Policy shown attached as AT 1, provides guidelines for Councillors in identifying records that need to be recorded in the document management system and how to manage these records. 

 

 

 

RECOMMENDATION

 

That the Draft Councillors Records Management policy dated February 2010 be adopted and included in Council’s Policy Manual.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Councillors Records Management Policy

10 Pages

 

 

 


Ordinary Council Meeting 1 February 2010

 

Corporate Services Division Report No. 5

 

 

 

 

Reference:    Corporate Services Division Report No. 5

Subject:          Delegation of Authority During the Christmas Recess    

Record No:    su1282 - 3063/10

Author(s):       Ian Naylor 

 

 

Executive Summary

 

At Council’s Meeting on 7 December 2009, Council delegated authority to a Committee comprising of the Mayor and the General Manager to deal with urgent matters arising during the Christmas recess. 

 

The Committee was not formed as no urgent matters arose during the recess.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 1 February 2010

 

Open Space and Urban Services Division Report No. 2

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 2

Subject:          Draft Nature Strip Mowing Policy    

Record No:    SU1631 - 2011/10

Author(s):       Susan  Butler 

 

 

Executive Summary

 

There is a small number of elderly or disabled residents who over the years have applied for special consideration for Council staff to mow the grass on their nature strips. There is a need for a policy to define appropriate criteria for this service.

 

The draft policy attached as Attachment 1 has been developed so that those residents who are in need of this service, because they do not have the financial and physical capability to maintain the grass themselves and have no other alternative, are able to be helped.

 

Background

 

Council has for many years relied on residents to maintain the grass on the nature strips outside their properties. Council has limited resources and so Council staff and contractors only mow the nature strips where they adjoin parks, reserves and other Council properties or where there are no immediate neighbours. Advice obtained from Council’s Consultant Solicitor is that although Council is the owner of the nature strip, it is does not have an obligation to mow the grass on it.

 

There is a small number of elderly or disabled residents who over the years have applied for special consideration for Council staff to mow the grass on their nature strips. There is a need for a policy to define appropriate criteria for this service.

 

Discussion

 

Currently Council is mowing the nature strips monthly outside around 40 residential properties, mainly where the residents are elderly. In the past 12 months there have been around 8 new requests from residents for Council to take over the mowing of the nature strips outside their properties. Currently, there is no defined policy to determine which residents are eligible for this service or any formal process to assess these applications. A proposed Application Form is shown attached as Attachment 2.

 

The draft policy has been developed so that those residents who are in need of this service, because they do not have the financial and physical capability to maintain the grass themselves and have no alternative, are able to be helped.

 

Community Consultation

 

Prior to adopting this policy it is appropriate Council undertake community consultation in relation to the proposed policy.

 

Statement of Intent

 

The consultation is designed to inform the community of the draft policy. Any comments received will be utilised to determine whether or not to proceed with the policy.

 


Method

 

Draft Policy

Level of Participation

Inform

Involve

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove community

Residents currently using the service

Lane Cove community

Proposed Medium

Advertisement;

E-newsletter and public exhibition

Letter

Website Exhibition

Indicative Timing

February 2010

February 2010

February 2010

 

Conclusion

 

The draft policy be exhibited for a period of 6 weeks and following this time a report will be submitted to Council on the results of the community consultation.

 

 

RECOMMENDATION

 

That:-

 

1.   Council endorse the Draft Nature Strip Mowing Policy dated January 2010 for the purposes of public exhibition.

 

2.   The Draft Policy be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in this report.

 

3.   A further report be submitted to Council following the exhibition period to consider the results of the community consultation.

 

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft Nature Strip Mowing Policy January 2010

3 Pages

 

AT‑2 View

Draft Mowing Strip Application Form

2 Pages

 

 

  


Ordinary Council Meeting 1 February 2010

 

Environmental Services Division Report No. 1

 

 

 

 

 

Reference:    Environmental Services Division Report No. 1

Subject:          New Prohibitions against Political Donations by Property Developers - The Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009    

Record No:    su1802 - 52037/09

Author(s):       Peter Thomas 

 

 

Executive Summary

 

·     Councillors have received a number of reports and memos over the past year in relation to political donations.

·     In October 2008, legislation came into effect requiring the disclosure of political donations or gifts for “relevant planning applications”.

·     The monetary level set for the declaration of donations or gifts is $1000.

·     Council’s website was updated at the time (shown attached as AT1) with the required relevant information and Council’s development application forms were amended to include the required statements relating to political donations or gifts.

·     To date no declarations have been made relating to political donations or gifts.

·     In December 2009, the Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009, commenced and is in addition to the above processes already in place.

 

Discussion

 

Council has received notice (shown attached as AT2) advising that the Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009 was assented to and commenced on 14 December 2009.

 

The amendments are such that NSW Councillors are no longer allowed to receive political donations from property developers and property developers are no longer able to provide political donations to NSW Councillors.  Loans are also considered as political donations, however party membership is not a donation if it is less than $1000.

 

The Bill amends the previous Election Funding and Disclosures Act 1981 as follows:-

 

·     It is unlawful for a person to make a political donation if the person is a property developer or makes the donation on behalf of a property developer.

·     It is unlawful for a person to accept a political donation that was made by or on behalf of a property developer

·     It is unlawful for a property developer or person on behalf of a property developer to solicit another person to make a political donation.

 

The Bill defines a “property developer” as:

 

a.         a corporation engaged in a business that regularly involves the making of relevant planning applications by or on behalf of the corporation in connection with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, or

b.         a person who is a close associate of a corporation

 

For clarification, a “close associate” includes company directors, officers and their spouses, a related company or a shareholder with greater than 20% voting power.  A person may apply to the Election Funding Authority of NSW for a determination as to whether or not they are categorised as a property developer.

A “relevant planning application” includes the making of applications for rezoning to the Minister or Director General for Planning, or to Council, Concept Plans and development applications.

Offences apply when a person makes or accepts the donation knowing that it is unlawful.  The maximum penalty is 200 penalty points ($22000) for a party and 100 penalty points ($11000) for an individual.

 

By Department of Planning Circular dated 25 November 2009, (shown attached as AT 3), all Councils are required to submit to the Department a list of all determined development applications where a Political Donation and Gift Disclosure was submitted.  The Disclosure applies equally to applicants and objectors.  This report to the Department of Planning must be submitted by 30 July 2010.  Since the implementation of the Disclosure period last year, Council has not received any declarations.

 

Conclusion

 

The amendments to the Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009, builds on the existing framework in place at Council with the mandatory disclosure of political donations and gifts.  It is suggested that Councillors receive and note this report.

 

 

RECOMMENDATION

 

That:-

 

  1. The report be noted and received.

 

  1. Council’s website relating to “Disclosure of Political Donations and Gifts” be updated to include reference to the Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Council's Website - Disclosure of Political Donations

1 Page

 

AT‑2 View

Advice from Maddocks Lawyers - Changes to Electoral Funding Legislation

2 Pages

 

AT‑3 View

Department of Planning Circular - Political Donations Declarations

2 Pages

 

 

 


Ordinary Council Meeting 1 February 2010

 

Environmental Services Division Report No. 2

 

 

 

 

 

Reference:    Environmental Services Division Report No. 2

Subject:          Delegated Authority Report - December 2009    

Record No:    SU1863 - 2515/10

Author(s):       Michael Mason 

 

 

Executive Summary

 

During the month of December 2009 a total of 42 Development Applications were determined under delegation by staff and 2 by Council.  In addition 9 Construction Certificates and 14 Privately Certified Construction Certificates were issued.  There was 1 Council and 7 Privately Certified Complying Developments.

 

Developments under the new SEPP in December were:-

 

                        1 Gentle Street, Lane Cove West                   -           Pergola;

                        154 Pacific Highway, Greenwich                    -           Office Fitout;

                        25 Sofala Avenue, Riverview                          -           Inground Pool;

                        22A Kingslangley Road, Riverview                 -           Inground Pool;

                        24 Hamilton Street, Riverview                        -           Inground Pool;

                        115 Longueville Road, Lane Cove                  -           Office Fitout; and

                        20 Elizabeth Parade, Lane Cove North          -           Alts and Adds.

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of Development Applications for December 2009

6 Pages

 

 

  


Ordinary Council Meeting 1 February 2010

 

Human Services Division Report No. 2

 

 

 

 

 

Reference:    Human Services Division Report No. 2

Subject:          Carisbrook House Opening Hours     

Record No:    SU334 - 2999/10

Author(s):       Jane  Gornall 

 

 

 

Executive Summary

 

The Lane Cove Historical Society has written to Council to request a change to the opening hours of Carisbrook House Museum.

 

Discussion

 

Council purchased Carisbrook House in 1969. Council undertakes the maintenance of both the House and the surrounding gardens. The interior furnishing and house museum collection are the responsibility of the Lane Cove Historical Society. Guiding and interpretation of the house museum are also the responsibility of the Society.

 

Carisbrook has been open to the public at the following times; Wednesdays, Thursdays, Saturdays and Sundays (excluding Christmas Day and Good Friday) from 11am to 4pm.  These days have been available for the general public to visit and for booked tours, bus groups, etc.

 

The Society has in their letter dated 18 December, 2009 (Attachment 1) stated that there are few individual visitors attending Carisbrook during the current opening times on Wednesdays and Thursdays.  The Society would prefer that their pool of volunteers is utilised on the weekends.  As with many of our organisations, retaining committed volunteers can be difficult.

 

The amended opening hours will be Open to the public; Saturdays and Sundays (excluding Christmas Day and Good Friday) from 11am to 4pm. Group bookings will still be accepted for weekdays.

 

The Historical Society has indicated that Carisbrook will also be open for special exhibitions, such as those held in connection with the Cameraygal Festival.  It should also be noted that Anzac Day is also listed as a day that Carisbrook will be closed to the public and public notices will need to be amended to reflect this change.

 

 

RECOMMENDATION

 

That Council approve the amendment to the opening hours of Carisbrook House Museum to be open to the public Saturdays and Sundays (excluding Christmas Day, Good Friday and Anzac Day) from 11am to 4pm. Group bookings will still be accepted for weekdays.

 

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Advise - Changes to Carisbrook Opening Hours

1 Page

 

 

 


Ordinary Council Meeting 1 February 2010

 

Human Services Division Report No. 3

 

 

 

 

 

Reference:    Human Services Division Report No. 3

Subject:          Library Fit-Out Progress Report - No. 3    

Record No:    SU1459 - 3032/10

Author(s):       Jane  Gornall 

 

 

Executive Summary

 

This is the third report on the progress of the fit-out of the Lane Cove Library.

 

The Report updates Council and the Community as to the progress so far in terms of the fit-out of the building.

 

Council will recall that the Stage 1 fit-out works being undertaken by Buildcorp include the installation of all plumbing, electrical and cabling works, wall linings, ceiling and air-conditioning, fire sprinklers and fire services, lift, carpets, and built in furniture.

 

Stage 2 includes the refitting of the existing Library building at 139A Longueville Road, Lane Cove.

 

Buildcorp took possession of the site on the 12th October, 2009. It is envisaged that Buildcorp will handover Stage 1 on February 1, 2010. The handover will allow the Library to relocate into the new part of the building.  The Library will be closed from Monday February 1, reopening in the week commencing February 15, 2010.

 

After the handover, the old Library at 139A Longueville Road will be refurnished. The staff areas, currently in 139A Longueville Road, will be relocated to 164 Longueville Road (top of the community centre) until the old building is refurbished.

 

One of the pre-Christmas highlights for the Library staff was a tour of Stage 1 to actually see the works being undertaken.

 

Discussion

 

Although the shell was to have been completed by Mainbrace for the handover there was a number of outstanding items not completed. Items included completion of the fire stairs, the reinstallation of the eaves from the original building, relocation of the siphonic drainage, relocation of fire hydrants that were incorrectly placed, lack of condensate dishes (tundish), and missing conduits for cabling.

 

Most of the above issues have now been resolved although the completion of the fire stairs was not commenced until the week commencing January 18, 2010 which caused delays to Buildcorp trying to complete other works.  The reinstallation of the eaves is still outstanding and is not expected to be undertaken until early February. 

 

Buildcorp had limited access to the site for delivery of materials until the ramp from Longueville Road was completed on 26th November, 2009. This made delivery of materials and removal of rubbish very time consuming. The Library at 139A Longueville Road was closed from 10.00 am (normal opening) hour until 1.00pm each weekday to allow for the builders to deliver materials (carpet tiles; gyprock; timber, etc) into the Library and to allow for rubbish to be removed. This closure continued until mid December 2009.

 

Buildcorp has since mid-December been able to bring larger materials into the Library via the ramp. A temporary fence has been constructed to ensure the safety of pedestrians.

 

One of the major issues that has impacted on the fit-out of Stage 1 has been an issue with providing enough power to the building.  The full power for the building will not be available until a new substation is built on the Lane Cove School site in the next few months. This has meant a temporary arrangement between Council and Energy Australia.

 

Furniture Delivery

 

The original handover date for Stage1 was 23 December, 2009. As the Library intended to relocate just after Christmas, furniture was arranged for delivery after 23rd December. As many factories close over this time some furniture already scheduled for delivery had to be accepted. The Seniors Citizens Centre became a repository for numerous chairs, tables and lounges, much to the enjoyment of the Seniors. All furniture from the Seniors Centre was relocated to the new Library on the 25th January, although it could not be put into its final place as the access is still required for the air-conditioning commissioning.

 

Equipment Installation

 

Some Library specific equipment has been installed including the book chutes; the book security system; paperback stands and display cabinets.  The biggest impact has been made by the installation of book shelves (photographs attached).  The shelves really do make it look like a Library is on its way.

 

More equipment is expected to be delivered in the week commencing 25th January, 2010 in preparation for the relocation.

 

Current Progress

 

·     Sprinkler installation is 98% complete;

·     Electrical services are 98% complete;

·     Main switchboard installation 98% complete;

·     Hydraulic services are 98% complete;

·     Mechanical Services are 98% complete;

·     Fire detection installation is 98% complete;

·     Photovoltaic installation 90% complete;

·     Solar hot water installation is 98% complete;

·     Gyprocking is complete;

·     Carpet laying is 85% complete;

·     Joinery installation is 98% complete; and

·     Installation and finishing of tallowwood walls/window seats is complete.

 

Council is currently preparing all documentation that will allow it to obtain an interim occupation certificate for the Library.  As noted above the Library will close for relocation from Monday February 1, 2010 and will reopen in the week commencing February 15, 2010. Stage 2 works are scheduled on February 22 and are due to be completed by mid May 2010.

 

RECOMMENDATION

 

That:-

 

  1. Council receive and note this report.

 

  1. A further report be presented to Council at the next Council meeting.

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Library Fit-Out Pictures

3 Pages