Lane Cove Council December 2023 Meeting

    The Lane Cove Council December 2023 Meeting will be held on Thursday, 7 December 2023.  This is the last meeting of the year.

    Have Your Say – Be Part of the Process

    Residents can write to Councillors on any agenda item or issue. If you use the email address – [email protected], your email will go to all councillors.

    The public is invited to attend the public forum of the monthly council meeting in-person or online, commencing at 7:00 pm.
    If you would like to speak at the Council meeting (in-person or online), register via this online form no later than midnight on Wednesday, 6 December 2023.

    A Zoom meeting link will be emailed to your nominated email address.

    A time limit of three (3) minutes per public forum address applies.

    Council meetings are live-streamed and viewable via the webcast on this website.

     

    Listed below are the agenda items for the meeting.

    Mayoral Minutes

    Mayoral Minute – Dogs on Sportsfields Recommendation 

    Mayor Scott Bennison has tabled a Mayoral Minute about dogs on sports fields.

    The Mayor notes:

    “The majority of regular bookings for sportsfields are utilising the red flags, which have been successfully in use at Kingsford Smith Oval since 2021. The Sporting Club Advisory Committee (SCAC) and Dog Advisory Committee (DAC) have supported making the use of red flags compulsory for all sportsfield bookings and Council staff sportsfield maintenance works.

    The Sporting Club Advisory Committee and Dog Advisory Committee representatives have had two workshops to discuss and understand the injuries that are occurring on sports fields as a result of holes being dug by dogs.  Other concerns raised were the sticks and poo being left on the playing field, dogs on the fields during play / training times (when the fields are booked). Some dog owners / walkers may not be aware of the damage and injuries that holes and sticks cause to the sportsfields and players.

    SCAC have also discussed clubs asking members to not bring their dogs to games and set a good example.  This has been taken up by a couple of codes already.

    As an immediate action, I would also like to install signage at all sportsfields to educate dog walkers on off-leash areas available and how the community can best share the sportsfields.  The General Manager has advised that the cost of these signs can be accommodated from within the parks maintenance budget.”

    The Mayor is asking Lane Cove Councillors to vote on the following:

     

    RECOMMENDATION

    That the General Manager:-

    1.         Make red flags mandatory for all seasonal sportsfield bookings; and

    2.         Install educational signage at all sportsfields entrances.

     

    ITC Note: If flags are mandatory for all seasonal sports fields if a club forgets to put them out (or take them down), will this mean they are fined?

    Referred Matters (held over from November meeting)

    Sport and Recreation Facility – Management and Operating Model Recommendation     

    The Lane Cove Sport and Recreation Centre (LCRSC) project is due for completion in late-2025.

    Prior to this date a management and operating model must be implemented.

    The Lane Cove Council Officer’s report notes:

    “The cornerstone of such a determination is striking the balance between Council maintaining all operational risks and costs versus contracting out to de-risk operational impacts on Council. This Report recommends that the Council undertake a tender process to contract out the operation of the facility with the Bistro and Golf Course Management offered as separate components, due to their specialised nature.

    The key reasons outlined in the report for contracting out are based on Council’s organisation scale, capacity and risk profile.

    In summary, Council’s relatively small scale, (4th smallest in the Metropolitan area), lack of management, financial resources and human resources to operate what is a unique and complex facility with a diverse mix of activities, and the potential risk to maintaining Council’s overall financial sustainability, are best served by the contracting out model.

    To ensure the community’s use needs are fully understood it is recommended Council undertake a process with potential community users of the facility to understand their proposed utilisation rates of the facility, prior to the acceptance of any tender.”

    The following resolution has been recommended by the Lane Cove Council Officer:

    RECOMMENDATION

    That Council:

    1.       the report be received and noted;

    2.       Undertake a Request for a Key Operator which will include the option of subletting of the Management of Golf Operations including coaching and Bistro / Event disciplines;

    3.       Undertake a process with potential community users of the facility to understand their proposed utilisation rates for utilisation of the facility, prior to the acceptance of any tender;

    4.       Undertake a separate process to identify an operator for the Bistro / Event activities as a priority to facilitate fit-out prior to the opening of the facility; and

    5.       Receive a report on the outcomes of the tender process at the appropriate time.

     

    ITC Note:  Residents made requests at council forums for the operating model to be decided before the start of construction.  Some residents were concerned that without knowing the operating model, a proper financial assessment could not be undertaken of the project

    Greenwich Baths Lease Arrangements – Community Consultation Outcomes Recommendation    

    The following options relating to the Greenwich Baths were put out for public comment.

    The website Have Your Say on Greenwich Baths received a total of 367 visits before closing on 1 November. Of the total visitors, 60 undertook the survey. When prompted to rank Options 1, 2 and 3 in order, that is stating a preferred option, the respondents voted as follows:-

    • Option 1 scored 32 (53.33%)
    • Option 2 scored 15 (25.00%)
    • Option 3 scored 13 (21.67%)

    Lane Cove Councillors are being asked to vote on the following resolution:

    That Lane Cove Council:

      Enter into a 5-year lease with Bluefit Pty Ltd based on Option 1 – Open Spring/Summer with school holiday and weekend lifeguards at a rent of $10,000 per annum.

    3.         Enter into a lease with TfNSW for that part of the land beyond the high mean watermark for a period matching the Bluefit Pty Ltd lease.

     

    Draft Swimming Pool Inspection Program Recommendation    Minute

    A Lane Cove Council Compliance Officer made allegations that the Lane Cove Council has failed to implement a Pool Safety Inspection Programme.

    The Swimming Pool Act 1992 requires Councils to develop and adopt a program for the inspection of swimming pools in its area. To fulfil its legal obligations, a Council must inspect swimming pools per this programme.

    Councils were given six months to implement a Mandatory Pool Safety Inspection Programme after the amendments to the Swimming Pool Act 1992 came into force in April 2016.

    In April 2016, the Lane Cove Council resolved to adopt the following enforcement procedures but did not resolve to adopt a Mandatory Pool Safety Inspection Programme.  You can read more here.

    Lane Cove Council offices have tabled a the draft Swimming Pool Inspection Program for  public exhibition.  Lane Cove Councillors are being asked to approve the draft programme be exhibited for public comment for 42 days.

    Community Consultation Results on the Draft Revised Investment Policy Recommendation

    Councillors are being asked to adopt a revised Investment Policy following public consultation. Council approved the Draft Revised Investment Policy exhibition at its 21 September 2023 meeting and the public exhibition period closed on 7 November 2023. Five (5) submissions were received during the public exhibition period. The Lane Cove Council’s officer Report is recommending Council adopt the Draft Revised Investment Policy.

    Committee Member Appointment – The Age-Friendly Lane Cove Committee Recommendation

    Councillors are being asked to endorse Bruce Fraser and Bev Young for the Age-Friendly Advisory Committee.

    Council Policies Review – Part 2 Recommendation   

    The Lane Cove Council Officer’s report recommends readoption, of the following policies as part of the second tranche of policies that will be reviewed over the balance of the Council term:  The Lane Cove Council’s officer report has provided the following commentary on the policies being reviewed:

    Contributions to Common Boundary Fences Policy

    The purpose of this policy is to make clear Council’s position in relation to its obligations under the Dividing Fences Act, 1991.

    This policy has been reviewed with no amendments required.

    Enforcement Policy

    This Policy provides structure for consistency and transparency in regulatory activities and enforcement actions and facilitates a proportional approach to compliance and enforcement.

    The Policy provides guidelines and protocols for Council staff in the management of regulatory activities which will assist Council staff to act promptly, effectively and consistently in response to allegations of unlawful activity.

    This policy has been reviewed with no amendments required.

    Keeping Animals Policy

    This policy informs the Lane Cove community of Council’s regulatory powers concerning keeping animals in the urban environment. The policy aims to; minimise the incidence of nuisance caused by animals, protect the welfare of companion and domestic animals, protect the welfare and habitat of native fauna, minimise the disturbance and damage to protected vegetation and inform the community of the main statutory restrictions and acceptable limits which apply to the keeping of animals for domestic purposes.

    This policy has been reviewed with no amendments required.

    Trees and Tree Root Damage Claims Policy

    This policy establishes the basis for the treatment of claims for reimbursement of the cost of injury or repair to damaged property alleged to have been caused by trees growing on Council land.

    This policy has been reviewed with minor administrative amendments, including a more generic reference to Council’s insurer.

    Street Parties: Traffic and Parking Arrangements Policy

    This policy defines the requirements for short term road closures for street parties in local roads that have either: low traffic volumes, requiring Council approval; or high traffic volumes, requiring a Traffic Management Plan (TMP) and RMS approval.

    This policy has been reviewed with minor administrative amendments, including changing Roads and Maritime Services (RMS) to Transport for NSW (TfNSW).

    Public Interest Disclosures – Internal Reporting Policy

    All agencies in NSW are required to have a Public Interest Disclosure (PID) Policy under section 42 of the Public Interest Disclosures Act 2022 (PID Act). Council’s Public Interest Disclosures – Internal Reporting Policy has been reviewed in line with the Public Interest Disclosures Act 2022.

    The NSW Ombudsman released an “Overview of the new Public Interest Disclosure Act 2022” and “Developing your Public Interest Disclosure Policy Guidelines”  that contains a Model PID Policy (Model Policy).

    In order to adhere to the requirements of the PID Act 2022, the Draft Policy (AT-6) is the adopted NSW Ombudsman Model Policy , with only necessary administrative changes required to align with Council’s policy structures, formats and references to other related documents.

    Notices of Motion

    Notice of Motion – Bus Forum for Lane Cove Recommendation

    Councillor Flood has tabled a notice of motion asking councillors to resolve to instruct the council to lodge a written request for a bus task force forum in Lane Cove.

    Councillor Flood notes:

    “In January 2022, Region 7 buses (including Lane Cove) were privatised. Since many of our local bus services were privatised and picked up by Busways, our community has faced extensive delays and cancelled services – particularly on city bound routes. This story is not unique to Lane Cove, with most other privatised regions facing similar challenges.

    The NSW government established a Bus Taskforce to investigate ongoing issues impacting regions with privatised services. This Taskforce is hosting forums around the State to hear from impacted residents, however to date, no forum has been planned for Lane Cove.”

    RECOMMENDATION

    That Council:

    1. Writes to the Bus Industry Taskforce:
    • Noting the impact of late and cancelled services on Lane Cove residents
    • Noting the reliance of Lane Cove residents on buses as their primary mode of public transport
    • Asking the Bus Industry Taskforce to host a local forum in Lane Cove to give local commuters the chance to have their say.
    1. Uses the data submitted via Council’s website to support a written submission to the Bus Industry Taskforce from Lane Cove Council, advocating for improved local services for residents, and calling for region 7 buses to return to public hands as soon as possible.

     

    Notice of Motion – Destruction of Endangered Ecological Communities 

    The worst case of tree vandalism in the history of the Lane Cove Council has been discovered at Woodford Bay. Lane Cove Council is investigating and has advised they will take steps to prosecute the person responsible for the vandalism in the Land and Environment Court. Read our article here.

    Councillor David Brooks-Horn; Councillor Katherine Mort; and Councillor Scott Bennison have tabled a notice of motion asking Lane Cove Council to continue to investigate the wilful destruction of trees at Woodford Bay and to prosecute the offenders if legal advice confirms that this is an option (ie they have sufficient evidence for a prosecution).

    They also want council and other local councils to lobby for tougher penalties when trees are illegally removed.

    Photo Taken by Councillor Kathy Bryla. Councillors Bryla, Kennedy and Southwood inspected the site last week

     

    Officer Reports for Information

    Tree Vandalism in Longueville Recommendation 

    Lane Cove Council has provided an update on the tree vandalism in Woodford Bay mentioned above.

    Due to the matter being investigated by their legal team, they are not at liberty to provide further information to residents about the status of their investigation.

    Traffic Committee – November 2023 Recommendation 

    The following streets have been discussed by the Lane Cove Traffic Committee

    Burns Bay Road – The Traffic Committee approved an Accessible Parking Space outside the Lane Cove Bowling Club

    Bridge Street at Penrose Street –

    The Traffic Committee approved:

    • Installing a 12m long section of guardrail on the south side of Penrose Street east of Bridge Street to be replaced with Elsholz kerb.
    • Installing an advisory sign which will indicate that the existing side road is on a curve. The proposed works to be included in the future Council’s works program.

     

    Parking near Greenwich Infant School

    The Traffic Committee approved:

    • The existing 20m ‘No Parking’ zone on the west side of Chisholm Street between Wardrop Street and Glenview Street be altered to 15min Parking zone.
    • The one-way proposal for Chisholm Street from Glenview Street to Greenwich Road be deferred for further consultation with the affected residents and school.
    • Install Give Way signs associated linemarkings at Wardrop Street and Chisholm Street.

     

    Burns Bay Road – Outside Harris Farm

    The Traffic Committee approved:

    Altering the existing 24 m of 15 min Parking zone (8:30am – 6pm; Mon – Sun) & Loading zone (6pm – 11pm; Mon – Sun) to 12 m of 15 min Parking zone (8:30am – 10pm; Mon – Sun) & 12m Loading Zone (6am – 10am; Mon – Sun) and 15 min Parking zone (10am to 10pm; Mon – Sun) on the southside of Burns Bay Road at Harris Farm.

     

    Closure of Roads on New Year’s Eve – Greenwich

    See our article on where to view the fireworks on New Year’s Eve here – we list the local road closures in Greenwich and Hunters Hill.

    Closure of Canberra Avenue

    Since the Traffic Mangement Meeting Lane Cove  Council has subsequently received formal approval from TfNSW for the Traffic Management Plan for the closure of Canberra Avenue.

    If Council proposes to adopt the Traffic Committee Recommendation and additional component is required to be included in the Council’s resolution to formally close the road, being:

    • Note that Council has considered all submissions that have been duly made with respect to the road closure proposal following public notification and consultation with respect to the road closure proposal; and
    • Council formally resolves to close that part of Canberra Avenue between its intersection with Duntroon Avenue and its intersection with River Road and integrate the land into Newlands Park as Community Land, with public vehicle access to be retained until at least 1 November 2025 and near completion of the adjacent development.

    Cox’s Lane

    Several Cox’s Lane residents have been complaining about the number of trucks that now using Cox’s Lane after the lights were installed at Burns Bay Road and Tambourine Bay Road.  The Committee has decided to take no further action.

    ITC note:  Council has benchmarked the number of trucks against similar streets in Lane Cove.  However, it still looks like you are not comparing apples with apples as those streets mostly have freestanding homes set back from the street; therefore, issues like traffic noise, vehicle pollution and safety would be different.

    Line Marking and Signposting Changes

     

    Update on Electric Vehicle Charging Infrastructure and Sustainability Upgrades Recommendation

    This report provides an update on EV Charging and the recent installation of on-street EV Charging stations.

    Not all drivers have noticed the change from a timed parking spot for any vehicle to an EV Charging Vehicle station.  This is particularly an issue for drivers who have been parking in Little Street and Pheonix Street.

    ITC drove past the Little Street parking space twice on Sunday, 26 November 2023, and there were non-EV chargers in the parking spot each time.

    The council has started issuing fines to drivers of non-EV cars parking in this space (surely a warning period would have been a good idea!). So if you want to avoid a fine, note the addresses below.

    20 Phoenix Street, Lane Cove
    11 Little Street, Lane Cove
    Cnr Oxley and Nicholson Streets, St Leonards
    15-21 Mindarie Street, Lane Cove North
    2-4 Pinaroo Place, Lane Cove North
    72 Christie Street, St Leonards (available soon)
    21 Sirius Road, Lane Cove West (available soon)
    54 Gordon Crescent, Lane Cove North (Ausgrid)
    13-15 Greenwich Road, Greenwich (Ausgrid)

    Background to the EV Charging stations on Power Poles here.

    Details of Fines for Parking in an EV charging space here.

    Report into Proposed Free Period Product Trial Recommendation   

    Councillors are being asked to vote on the following resolution:

    1. Pilot a 12-month free period product program with at least one dispenser and that this dispenser be located at Lane Cove Library with funding to be included in the budget for the 2024-2025 financial year;
    2. Ensure that any other dispensers included in the pilot program are installed at venues that are owned or managed by Council, open for extended hours, easily accessible and used by people of all ages, cultures, and socio-economic backgrounds; and
    3. Reviews the pilot program after 12 months to determine the ongoing need for dispensers.

    Annual Community Satisfaction Survey ResultsRecommendation

    Lane Cove Council has released the results of its Annual Community Satisfaction Survey.

    Each year Council undertakes a Satisfaction Survey which aims to understand and identify the trends in community’s satisfaction with Council’s performance across various service delivery areas including planning and development, maintenance of roads and footpaths, parks and open space, and community services and facilities as well as the community’s level of satisfaction with Council’s overall performance.

    In the 2023 survey, Council achieved an overall satisfaction rating of 90%, with 23% of residents stating they were very satisfied with Council’s overall performance. In addition to this, of the 20 service delivery areas surveyed, 14 received satisfaction ratings of more than 80%.

    This report includes a summary of the ratings received across the service areas surveyed and provides high level analysis on the top performing areas and the areas noted for improvement.

    The areas for improvement include:

    Control of development was also the lowest ranked area for community satisfaction in 2022 (69%). 6% of residents raised control of development as an area for improvement in the open question and a review of the verbatim feedback provided shows that the main concern expressed by residents is a desire for a stronger role in the development approval processes and in particular an interest in controlling and influencing local development projects. Further comments noted concerns regarding the impact of the construction work itself on both residents and the environment.

    Community satisfaction with consultation and engagement rated at 75%. Although this is slightly lower than the rating received in 2022 (79%), the result is on par with the Micromex benchmark satisfaction rating of 76%.

    In their feedback, residents advocate for more inclusive and transparent community engagement, however, the majority of comments relate specifically to consultation and engagement around development applications and other significant changes within the LGA. Council during the year reviewed an updated it community engagement strategy based on the IAP2 Consultation Framework and has recently introduced (July 2023) a new online community engagement platform, Engagement HQ, that better facilitates the community in having their say.

    Traffic Management responses related to traffic flow, speed control, and congestion resulting from new developments. They seek solutions to improve traffic management and safety on local roads. These issues are typically area specific and Council continues its regular program of addressing issues on a priority basis. In 2022/23 Council developed for consultation a major traffic management strategy for the Mowbray Precinct which particularly focuses on all the matters raised in that area, and when adopted funding is available for implementation.

    Council communication, especially when contacting council staff via telephone scored 78%. To improve this area (it was also identified in the 2022 survey) Council launched its new centralised new call centre in October 2023. The impact of this on the satisfaction rating should be evident in next year’s survey.

    Tree Management by Council included mixed feedback re. approval process, maintenance of existing Council trees, request for more trees, handling of requests relating to dangerous trees. Council new website has been significantly improved in relation to tree management. The tree assessment process averages a three-week turnaround. Council has increased significantly, through the use of additional contracted resources, improved Council owned tree maintenance and planting programs.

    Council’s website received a satisfaction rating of 84% compared to the Micromex benchmark of 88%. Again, it is important to note that Council launched a new website in July 2023 which now includes mobile compatibility and is continuing to review and update the content based on customer feedback. Given the new website had only been live for around 2.5 months when the survey was conducted, the impact of this on the satisfaction rating will be evident in next year’s survey.

    Finally, the graphic below (Figure 4.0) shows the most valued services as noted by residents in the open question towards the end of the survey. Waste and recycling was mentioned by 32% of residents, well above any other service, demonstrating the importance to residents for Council to perform its core functions well. The satisfaction rating for this area sits at 90% which is on par with last year’s score of 92%.

    Recreational and/or sporting facilities was the most valued service for 22% of Lane Cove’s residents with verbatim comments stressing the importance of a well-maintained and safe environment for recreation. In this area, sports fields, parks and playgrounds all scored above 90% satisfaction rating.

     

    IPART – Final Report on the Rate Peg Methodology Review Recommendation

    Council’s rate peg for 2024/25 is:

     

    Base Cost Change 3.9%
    Superannuation adjustment 0.4%
    ESL factor 0.6%
    Population factor 0.0%
    2024/25 Rate Peg 4.9%

     

    Delegation of Authority During Christmas and Ordinary Council Meeting Recess Recommendation   

    This is standard practice over the Christmas and New Year period.

    Schedule of Ordinary Council Meetings for 2024 Recommendation

    Meetings will be held on the Thursday following the third Monday of the month.

    Council Snapshot November 2023    

    Lane Cove Council publishes a monthly snapshot, which sets out what has been happening over the month, from development applications, parking fines, waste and landfill reduction reports, and reports on upcoming footpath maintenance.

    Below are some of the stats of interest for November 2023.