Agenda
Ordinary Council Meeting
3 November 2008
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 3
November 2008 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
wwww.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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Ordinary Council Meeting 3 November 2008
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Order Of The Day
No. 25
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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
public
forum
Members of the
public may address the Council Meeting on any issue for 3 minutes.
CONFIRMATION
OF MINUTES
1. ORDINARY
COUNCIL MEETING - 20 OCTOBER 2008
Orders Of The Day
2. Order Of The Day No. 25
SUBJECT: Meeting in the Plaza - 29 November 2008
Corporate Services Division Reports
3. Corporate Services Division Report No. 66
SUBJECT: Presentation of Annual Financial Reports -
Year Ended 30 June 2008
4. Corporate Services Division Report No. 67
SUBJECT: Electoral Funding Disclosure Requirements
Open Space and Urban Services Division Reports
5. Open Space and Urban Services Division
Report No. 36
SUBJECT: Street Lighting - Energy Australia Proposal to Increase
Costs
Environmental Services Division Reports
6. Environmental Services Division Report
No. 63
SUBJECT: Draft Advertising and Signage Development
Control Plan
7. Environmental Services Division Report No. 64
SUBJECT: Delegated Authority Report - September 2008
Human Services Division Reports
8. Human Services Division Report No. 14
SUBJECT: Public Libraries NSW - Metropolitan
Association (PLM) Annual General Meeting and Election of Office Bearers
QUESTIONS WITHOUT NOTICE
Reference: Order Of The Day No. 25
Subject: Meeting in the Plaza
- 29 November 2008
Record No: su1915 - 38819/08
Author(s): Rebecca
Ford
Executive Summary
Councillors are next due to meet with the public in
the Plaza on Saturday 29 November 2008 between 10:30am and 12:00 midday.
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RECOMMENDATION
That Councillors nominate
whom they wish to attend the “Meeting in the Plaza – Saturday 29 November
2008”.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this report.
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Ordinary
Council Meeting 3
November 2008
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Corporate Services
Division Report No. 66
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Reference: Corporate
Services Division Report No. 66
Subject: Presentation of
Annual Financial Reports - Year Ended 30 June 2008
Record No: SU772 - 37598/08
Author(s): Craig
Wrightson
Executive Summary
Presentation of Council’s Annual Financial
Reports for the year ended 30 June 2008 are presented to Council. It is recommended that the report be
received.
Discussion
Section 418 of the Local Government Act
1993, requires that as soon as practicable after a council receives a copy of
the auditor's reports: (a) it must fix a date for the meeting at which it
proposes to present its audited financial reports, together with the auditor's
reports, to the public, and (b) it must give public notice of the date so
fixed. The audit of the Annual Financial
Reports for the year ended 30 June 2008 has been completed by Council's
Auditors – PricewaterhouseCoopers, and a copy of their Audit Reports is
included with the Financial Reports.
Notice was given in the North Shore Times
on 22nd October 2008 of the intention to present the Reports at this
meeting. The Reports have been available
for inspection at the Administration Centre since 15 October 2008. Written submissions were invited and will be
received until 4th November 2008 in accordance with the Local
Government Act. At the time of writing
this report no submissions had been received.
The audited financial reports, together with the auditor's reports, are
now formally presented to Council.
Council's Auditor will be in attendance at the meeting to present the
Auditor's Report and to answer any questions.
A copy of the Financial Reports for the year ended 30 June 2008 are
attached.
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RECOMMENDATION
That Council receive the Annual Financial Reports together
with the Auditors Report for the Year ended 30 June 2008.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
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AT‑1 View
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General Purpose Financial
Report for the year ended 30 June 2008
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75 Pages
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Ordinary Council Meeting 3 November 2008
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Corporate Services
Division Report No. 67
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Reference: Corporate
Services Division Report No. 67
Subject: Electoral Funding
Disclosure Requirements
Record No: SU2990 - 38678/08
Author(s): Ian Naylor
Executive Summary
To advise Councillors that Council has received
correspondence from the Election Funding Authority advising that Councillors are required to make twice
yearly disclosures to the Election Funding Authority on political donations
received and electoral funding incurred.
Discussion
Councillors will have received a letter from the
Election Funding Authority similar to the one that forms part of attachment AT
1. The letter outlines the responsibility
of each Councillor to submit twice yearly declarations to the Election Funding
Authority for political donations received and electoral funding incurred.
Failure to lodge a
disclosure declaration every six months will result in a Councillor or their
official agent (as applicable) being in breach of the Election Funding and
Disclosures Act 1981 and liable to a penalty of up to $22,000.
More information is
available on the Authority's website http://www.efa.nsw.gov.au.
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RECOMMENDATION
That the report be received and noted.
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Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
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AT‑1 View
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Letter For Councils
Information - Election Funding And Disclosure Act - Councillors And Mayors
Obligation for Reporting
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3 Pages
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Ordinary
Council Meeting 3
November 2008
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Open Space and
Urban Services Division Report No. 36
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Reference: Open Space
and Urban Services Division Report No. 36
Subject: Street Lighting - Energy Australia Proposal to Increase
Costs
Record No: SU2432 - 38288/08
Author(s): Wayne
Rylands
Executive Summary
Energy Australia
has advised
Council of a proposed 67% price increase for street lighting network charges
over the next 5-year regulatory period.
This proposed increase for Energy Australia’s street lighting
services is currently being considered by the Australian Energy Regulator and
follows increases of 40% over the past 4 years.
The proposed increase comes amidst on-going Council concern about the lack
of clear governance arrangements for street lighting, on-going service
difficulties and significant challenges for councils in getting energy
efficient lighting widely adopted at a reasonable price.
Background
Street lighting is
a vital service for the community, which, done well can reduce nighttime
accidents, reduce nighttime crime and reduce the fear of crime. It can also encourage productive nighttime
use of public space, with important socio-economic benefits. Unfortunately, much of the street lighting in
NSW is widely acknowledged to be poorly performing and obsolete.
Councils in metropolitan Sydney,
the Central Coast and Hunter region have been
working together since 2003 under the Street Lighting Improvement Program (SLI
Program). The Program was established by
SSROC to address deficiencies in the provision of public street lighting and
achieve better environmental outcomes.
Collectively, the 34 councils encompass 94% of Energy Australia’s streetlights and more
than 40% of streetlights in NSW.
The joint Council SLI Program had some early
success in 2003-2006 in:
· getting some of the worst Energy Australia street lighting
practices, including ongoing installation of obsolete technology, stopped;
· significantly ramping back proposed
2004-2008 price increases;
· getting EA agreement to deploy a large
energy efficient lighting trial;
· the granting of a significant Energy Savings
Fund grant to accelerate deployment of energy efficient lighting;
· prompting the NSW government to produce, and
Energy Australia
to adopt, a voluntary NSW Public Lighting Code; and
· prompting Energy Australia to adopt a public Street
Lighting Management Plan.
However, this
progress has not addressed many core issues and only came with extensive joint
Council effort. Despite escalation of
direct Council discussions with Energy Australia to the highest levels and
regular discussions with Government, progress in the past 24 months in resolving long-standing street
lighting difficulties has stalled on many fronts.
Discussion
1)
Pricing & Price Regulation
Councils pay
Energy Australia
more than $36,000,000 each year for monopoly street lighting services (and
another $6,000,000 in energy charges).
Over the past four years, councils have borne 40% increases in Energy Australia
capital and maintenance charges. Energy Australia
has now proposed a further 67% increase over the next 5-year regulatory
period to the Australian Energy Regulator (see graph below).
The Australian Energy Regulator is currently
considering Energy Australia’s
proposal as well as a large number of submissions from Councils objecting to
the proposal and the lack of appropriate information disclosure.
Councils’ advisors have noted that Energy Australia’s proposed high pricing for
new energy efficient lighting is not cost reflective and is far higher than
indicated by Energy Australia’s
own cost analysis as provided to Councils.
In the case of the most common
type of energy efficient lighting for residential roads, Energy Australia’s price this year is 84% higher than
that of Integral Energy (the electricity distributor in Western
Sydney and the Illawara).
This disproportionately high charge for energy efficient lighting
impedes Councils’ long-standing efforts to reduce Greenhouse gas
emissions.
The joint Council SLI Program has called for
the pricing regulatory regime to be revised along the lines of the Victorian
model, and to specifically require that pricing be fair, reasonable, and
consistent with a reasonably efficient provision of service, and that pricing
reviews be conducted with clear, open, and benchmarked cost analyses.
2)
Funding for Street Lighting
Compounding the difficulty for Councils,
funding shortfalls for lighting are widening.
The RTA’s Traffic Route Lighting Subsidy Scheme, which is intended to
compensate Councils for the costs of enhanced lighting on State and Regional
roads, has failed to keep up with rapidly rising Energy Australia charges. Year on year Energy Australia price increases at 4-5
times CPI are unsustainable for Councils.
The joint Council SLI Program has called for
State payments under the RTA Traffic Route Lighting Subsidy Scheme to be
increased commensurate with any cost increases borne by Councils. And,
IF any price increases are found to be consistent with a reasonably
efficient provision of service, Council rate capping should be adjusted
accordingly to reflect the increased costs.
3)
Governance Challenges
Street lighting is a monopoly service of NSW
electricity distributors yet there are no contracts, no binding service
regulation and there has been ineffective regulatory oversight of pricing. Councils are in an untenable position of
having responsibility for the safety, security, energy, greenhouse gas
emissions and costs of lighting, but have no meaningful control over the
service provided.
Of immediate concern is that the current
voluntary Code of Practice needs to be made mandatory, and some important
deficiencies remedied. As described by
many Council submissions to a 2007 Dept of Water & Energy review of street
lighting, there have been serious long-standing problems with Energy Australia
performance. This includes
non-compliance by Energy Australia
in 2006 and 2007 with key provisions of the current voluntary NSW Public
Lighting Code, on-going maintenance difficulties, rapidly rising greenhouse
emissions and the use of out of date technology.
Following Council representations, Minister
for Energy, Hon Ian Macdonald, has written to councils stating that the Dept of
Water & Energy's is undertaking a review of the Public Lighting Code and
considering the future operational and governance model for the delivery of
public lighting.
Community
Consultation
Statement of Intent
The consultation is designed to inform the community
of Energy Australia’s
intent to increase street lighting costs without providing any improved service
delivery. This will impact on Council’s
ability to provide other services to the community, as it is mandatory that
Council provide street lighting.
Method
It is proposed to provide information to the community
through Council’s newsletter, e-news, website and a media release highlighting
the proposed Energy Australia
price increases and their impacts on Council’s wider provision of services.
Conclusion
Energy Australia’s
proposed 67% price increase for street lighting network charges over the next
5-year regulatory period will have a significant effect on Council’s budget. It
is estimated that this price increase will amount to over an additional
$100,000pa being required to fund the Energy
Australia street lighting network charges. No
improved level of service with street lighting is proposed with these
increases.
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RECOMMENDATION
That:-
1. The information
contained in this report on public lighting be received and that Council
takes steps to support joint
Council efforts to:
· challenge proposed price increases by Energy Australia;
· secure appropriate funding support for lighting;
· secure improvements in pricing and service regulation;
· ensure that the future governance model for street lighting in NSW is
comprehensively reviewed.
2. Council inform the
community of the proposed Energy Australia price increases and likely impacts on Council’s annual
budgets as outlined in the consultation strategy in this report.
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Wayne Rylands
Executive Manager
Open Space and Urban Services Division
ATTACHMENTS:
There are no supporting documents for this report.
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Ordinary
Council Meeting 3
November 2008
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Environmental
Services Division Report No. 63
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Reference: Environmental
Services Division Report No. 63
Subject: Draft Advertising and
Signage Development Control Plan
Record No: SU2845 - 38251/08
Author(s): Brendan
Metcalfe
Executive Summary
This report presents
the amendments required by Council to the Lane Cove Draft Advertising &
Signage Development Control Plan (DCP) and recommends adoption of the plan for
use. Adoption of the plan would mean it
could commence operation whilst the Comprehensive Development Control Plan
(CDCP) is being prepared.
Background
The Draft Advertising
and Signage DCP was prepared by consultancy Scott Carver Pty Ltd, in
consultation with Council’s Strategic Planning and Development Assessment
sections, and provides guidance for
applicants and staff on signage and advertising development to “ensure the
character of buildings, streetscapes and vistas are consistent with Council’s
desired future outcomes”. (Section 1.7 pg 6 of of AT1)
Council at its
meeting of 1 September 2008 considered Environmental Services Division Report
No.53 attached at AT2 and resolved
to amend the Draft Advertising and Signage DCP prior to its use in two
ways:-
1. To limit the number of above
awning signs permitted to one per building.
2. Include Mowbray Road Shops as a Neighbourhood
Centre.
Discussion
Amendments
The previous Council
was concerned that the intent of part of section 3.2.1 above Awning Signs would
not be met, and in turn that this would lead to more under awning signs in the
Lane Cove Village Centre.
The DCP has been
amended to read:
“One above awning sign per building may
be located at first floor level where the building is more than one level and
the sign relates directly to the approved business within the building. Where a building has more than one frontage, an
above awning sign may be permitted at each”. (page 22 of AT1)
The cluster of shops
on the southern side of Mowbray
Road was also requested to be included in the
Draft DCP as Neighbourhood Shops.
The Character
Statements in Section 2.2.3 of the DCP has been amended to read:
“Neighbourhood centres (Blaxlands Corner, Yorks Corner, Greenwich
Village, Lane Cove West, Burns
Bay Road and Mowbray Road corner of Willandra Street)” (page 13 of AT1)
Amendments
recommended in Report No.53 were also endorsed and have been carried out and
are highlighted in AT1 to this
report.
The Comprehensive
Development Control Plan
Council staff are
currently preparing a single comprehensive development control plan that will
cover the municipality. The Draft CDCP
process will take some months and delaying finalisation of the Advertising
& Signage DCP would mean a further period of uncertainty for planners
assessing and applicants submitting signage applications in that time.
The information in
the Draft Advertising & Signage DCP can be easily converted into the CDCP
at a later date.
Next Steps
After adoption of the
Advertising & Signage DCP, a copy of the plan would be forwarded to the
Minister of Planning for her information.
Public notice must also be given of Councils decision, with the plan
coming into operation from that date.
Once the plan is in
operation, it would be monitored and, if necessary, further refined when
integrated into the CDCP.
Conclusion
Council is requested
to adopt the Draft Advertising & Signage DCP for use and monitoring and
incorporate it into the Comprehensive Development Control Plan at the
appropriate time. Public notice be
given and a copy of the plan forwarded to the Minister for Planning for her
information.
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RECOMMENDATION
That Council:-
1. Receive and note this
report;
2. Forward a
copy of the Draft Advertising & Signage DCP to the Minister for Planning
for information;
3. Give public notice advertising
commencement of the plan as required.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1 View
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Lane Cove Advertising & Signage DCP - October 2008
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33 Pages
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AT‑2 View
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REPORT Draft Advertising
& Signage DCP
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5 Pages
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Ordinary Council Meeting 3 November 2008
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Environmental
Services Division Report No. 64
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Reference: Environmental
Services Division Report No. 64
Subject: Delegated Authority
Report - September 2008
Record No: SU1863 - 38581/08
Author(s): Michael
Mason
During the month of
September 2008 a total of 56 Development Applications were determined under
delegation by staff and 3 by Council. In
addition 13 Construction Certificates and 25 Privately Certified Construction
Certificates were issued. There were 6
Privately Certified Complying Developments and 2 by Council.
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RECOMMENDATION
That the report be received and noted.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1 View
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Development Applications
determined for September 2008
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8 Pages
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Ordinary
Council Meeting 3
November 2008
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Human Services
Division Report No. 14
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Reference: Human
Services Division Report No. 14
Subject: Public Libraries NSW
- Metropolitan Association (PLM) Annual General Meeting and Election of Office
Bearers
Record No: su2122 - 38273/08
Author(s): Jennifer
Bice
Executive Summary
The Annual General Meeting of the Public Libraries NSW –
Metropolitan Association Inc (PLM) will be held on Friday 21 November 2008 at
Warringah Council Chambers. The election
of Office Bearers will take place at the AGM, including the Councillor positions
of President and Vice President. This report seeks whether there are any
nominations from Councillors for the positions.
Background
The PLM is an Association of Council Libraries from the
greater Sydney
area. The Association was established to
facilitate resource-sharing programs, such as the Inter Library Loan van and as
a forum for the exchange of ideas and promotion of public libraries. The
position of President and Vice-President are held by Councillors. Lane Cove Council, as a member of the PLM,
may wish to nominate a Councillor to stand for the office of President or Vice
President. The meetings are held quarterly, usually on Friday mornings, at
various Councils throughout the Greater Sydney area.
Discussion
Councillor Win Gaffney is currently the Council
representative for the PLM and has attended all of the quarterly meetings of
the Association since her appointment by Council. She has been Vice-President
of PLM since November 2007. Councillor Gaffney has indicated her interest in
standing for both the positions of President and Vice-President of the
Association. Any Councillor
may nominate if they wish to stand for the position of President or Vice
President of Public Libraries NSW – Metropolitan Association. The Manager, Library Services
normally attends Association meetings. The closing date for nominations is
Friday, 14 November, 2008.
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RECOMMENDATION
That Councillors nominate if they wish to stand for
the position of President or Vice President of Public Libraries NSW –
Metropolitan Association.
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Jane Gornall
Executive Manager - Human Services
Human Services Division
ATTACHMENTS:
There are no supporting documents for this report.