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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.

 

 

 


Ordinary Council Meeting 3 November 2008

 

Order Of The Day No. 25

 

 

 

 

 

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. 

 

 

 

 

RECOMMENDATION

 

That Councillors nominate whom they wish to attend the “Meeting in the Plaza – Saturday 29 November 2008”.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

    


Ordinary Council Meeting 3 November 2008

 

Corporate Services Division Report No. 66

 

 

 

 

 

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.

 

 

 

RECOMMENDATION

 

That Council receive the Annual Financial Reports together with the Auditors Report for the Year ended 30 June 2008.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

General Purpose Financial Report for the year ended 30 June 2008

75 Pages

 

 

 


Ordinary Council Meeting 3 November 2008

 

Corporate Services Division Report No. 67

 

 

 

 

 

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. 

 

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter For Councils Information - Election Funding And Disclosure Act - Councillors And Mayors Obligation for Reporting

3 Pages

 

 

 


Ordinary Council Meeting 3 November 2008

 

Open Space and Urban Services Division Report No. 36

 

 

 

 

 

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.

 

 

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.

 

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 3 November 2008

 

Environmental Services Division Report No. 63

 

 

 

 

 

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.

 

 

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.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Lane Cove Advertising  & Signage DCP - October 2008

33 Pages

 

AT‑2 View

REPORT Draft Advertising & Signage DCP

5 Pages

 

 

 


Ordinary Council Meeting 3 November 2008

 

Environmental Services Division Report No. 64

 

 

 

 

 

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.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications determined for September 2008

8 Pages

 

 

 


Ordinary Council Meeting 3 November 2008

 

Human Services Division Report No. 14

 

 

 

 

 

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.

 

 

RECOMMENDATION

 

That Councillors nominate if they wish to stand for the position of President or Vice President of Public Libraries NSW – Metropolitan Association. 

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.