m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Ordinary Council Meeting

16 August 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 in the Council Chambers on Monday 16th August 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 16 August 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.       Open Space and Urban Services Division Report No. 34

SUBJECT: Tenders for Burns Bay Boat Ramp Redevelopment

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 because the Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.
 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 2 AUGUST 2010

 

 

Orders Of The Day

 

3.       Order Of The Day No. 10

SUBJECT: Council and Committee Meeting Schedule - September 2010

 

4.       Order Of The Day No. 15

SUBJECT: Citizenship Ceremony - 15 September 2010

 

5.       Order Of The Day No. 16

SUBJECT: 2010 Gunnedah Women's Forum  

 


Notices of Motion

 

6.       Notice of Motion No. 8

SUBJECT: Local Government Financial Services

 

Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 43

SUBJECT: 4th Quarter Review of the Management Plan 2009 - 2012

 

8.       Corporate Services Division Report No. 45

SUBJECT: Fast Tracking Implementation of the Bicycle Plan

 

9.       Corporate Services Division Report No. 48

SUBJECT: Infrastructure Levy Proposal

 

Open Space and Urban Services Division Reports

 

10.     Open Space and Urban Services Division Report No. 32

SUBJECT: Lane Cove Tunnel - Filtration

 

11.     Open Space and Urban Services Division Report No. 33

SUBJECT: Lane Cove Golf Course - Fee Variation

 

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

SUBJECT: Tender for Burns Bay Boat Ramp Redevelopment

 

Environmental Services Division Reports

 

13.     Environmental Services Division Report No. 30

SUBJECT: Delegated Authority Report - July 2010

 

14.     Environmental Services Division Report No. 31

SUBJECT: Draft NSW Competition SEPP  

 

 

 

 

                


Ordinary Council Meeting 16 August 2010

 

Order Of The Day No. 10

 

 

 

 

 

Reference:    Order Of The Day No. 10

Subject:          Council and Committee Meeting Schedule - September 2010    

Record No:    SU1915 - 15231/10

Author(s):       Kirsty Fleming 

 

 

 

The Council and Committee Meeting Schedule for the September 2010 is proposed as follows:-

 

 

September                  4          Inspection Committee

 

September                  6          Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

September                  20        Ordinary Council (Mayoral Election and Committee Representation)

                                                Planning and Building Committee

                                                Services and Resources Committee

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for September 2010 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 16 August 2010

 

Order Of The Day No. 15

 

 

 

 

 

Reference:    Order Of The Day No. 15

Subject:          Citizenship Ceremony - 15 September 2010    

Record No:    SU28 - 32271/10

Author(s):       Millie  Stephen 

 

 

Executive Summary

 

A Citizenship Ceremony will be conducted in the Council Chamber on Wednesday 15th September 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 on 15th September 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 16 August 2010

 

Order Of The Day No. 16

 

 

 

 

 

Reference:    Order Of The Day No. 16

Subject:          2010 Gunnedah Women's Forum     

Record No:    su846 - 32862/10

Author(s):       Councillor Win  Gaffney; Councillor Pam Palmer 

 

 

Executive Summary

The Mayor, Councillor Gaffney, Councillor Palmer and Council’s Manager Strategic Planning,  Stephanie Bashford and Council’s Manager Customer and Information Services, Karen Mitchell attended the 2010 Gunnedah Women’s Forum on 28th July.  This report provides an outline of the Forum and recommends that the report be received and noted.

 

Discussion

The forum was held in Gunnedah’s Civic Centre, a wonderful new facility incorporating a theatre and art gallery, located next to the Town Hall. The Mayor of Gunnedah, Councillor Adam Marshall, provided the official welcome.  A Welcome to Country was given by a local Aboriginal Elder in the Gamilaraay language which was very moving.  I wish we could have similar in Lane Cove.

Penrith Councillor Karen McKeown, President ALGWA, was the Master of Ceremonies.  She spoke about women’s under-representation in local government.  For example, only one quarter of NSW councillors are women.

The Hon. Jodi McKay MP, Minister for Women and member for Newcastle, gave the keynote address. She spoke of the recently-established Joint Ministerial Advisory Council of Local Government for Women (or JMAC) which is focused on increasing the representation of women among elected representatives.  Councillor Colleen Fuller of Gunnedah is a member of JMAC.

A number of other speakers highlighted how lifelong learning and mentoring programs have worked successfully to assist women to achieve their goals.

Ms Cindy Berwick, President Aboriginal Education Consultative Group (AECG) and Ms Anne Dennis, Principle Education Officer, Walgett Community of Schools Project, each spoke of their upbringing as aboriginal children and the discrimination they faced and difficulties they had overcome.

Councillor Esme Martens AM, Mid-Western Regional Council, told us about being the only female engineering student in her university and the difficulties she subsequently faced finding employment.  She spent her adult life working on civil projects for regional councils before finally becoming a councillor herself.

At the conclusion of the conference, the Lane Cove Council representatives added some boost to the local mainstreet economy before attending the official Forum Dinner at Gunnedah Services and Bowling Club. 

Our thanks to Gunnedah for organising an interesting and thought-provoking conference and for the hospitality shown to their sister city “cousins”.

 

RECOMMENDATION

 

That the report on the 2010 Gunnedah Womens Forum be received and noted.

 

 

The Mayor Councillor Gaffney and Councillor Pam Palmer

 

 

ATTACHMENTS:

There are no supporting documents for this report.  


Ordinary Council Meeting 16 August 2010

 

Notice of Motion No. 8

 

 

 

 

 

Reference:    Notice of Motion No. 8

Subject:          Local Government Financial Services    

Record No:    SU2009 - 32619/10

Author(s):       Councillor Scott Bennison 

 

 

 

Executive Summary

Noting that:

·     The current action that local councils have against Local Government Financial Services (LGFS), ABN Amro Bank NV and McGraw-Hill International and noting specifically that LGFS is a party to the action would indicate that the council’s legal advice is that the LGFS has provided negligent advice to councils with respect to investments made.

·     During the period of Global Financial Crisis (GFC) that the LGFS sold investments to the Local Government Superannuation Scheme.

·     The LGFS has a Financial Services License and so does its advisors.

·     The LGFS is listed as a party in the Statement of Claim mentioned above.

·     The LGFS gave financial advice to the members of the LGSS.

·     The LGFS is a subsidiary of the LGSS.

·     After the sale of LGFS investments to the LGSS that the LGFS would seem to have done a ‘debt to equity’ swap of $60mil in its balance sheet.

·     It would appear that the Directors of the LGFS knowingly sold investments to the LGSS with the intention of making the rate payers of NSW repay the $3 billion loss.

·     Both the LGFS and its advisors would have professional Indemnity Insurance.

 

 

RECOMMENDATION

 

That Lane Cove Council seek the financial support of NSROC members to retain an expert such as, James Xenidis from LFS Lawyers Pty Limited, to provide legal advice (up to $20,000) as to the legal position for a recovery from the Professional Indemnity Insurance of either LGFS and/or its advisors on the following matters:-

1.   The appropriateness of the financial advice given to the members of the LGSS.

2.   Whether the LGFS and/or its advisors have acted outside the scope of their AFS licenses in providing advice to the members of the LGSS

3.   Any other possible breaches by LGFS, its trustees and/or its advisors.

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 16 August 2010

 

Corporate Services Division Report No. 43

 

 

 

 

 

Reference:    Corporate Services Division Report No. 43

Subject:          4th Quarter Review of the Management Plan 2009 - 2012    

Record No:    SU238 - 29464/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The Local Government Act 1993 (NSW) requires Council to report on quarterly progress of the activities and projects listed in the Management Plan.  It is recommended that the report be received and noted.

 

Discussion

 

This report discusses the highlights of the Fourth Quarter in 2009-2010 and provides a detailed analysis of the Fourth Quarter progress against the performance measurements adopted by Council in the 2009-2012 Management Plan, shown attached as AT-1.  A continuing feature of the review is, where applicable, a cumulative year-to-date figure is provided for performance measures. 

 

Some of the highlights for the quarter include:-

 

·     Financial Assistance Grants to Community Groups (April 2010);

·     Stream Rehabilitation at Tambourine Park Stage 1 completed (April 2010);

·     Design Completed for Walking Path Networks at Blackman Park (April 2010);

·     Stage 3 of Neighbourhood Shopping Centre Improvement Program – Upgrade Mowbray Road Shopping Precinct (April 2010);

·     Shorefest Musical Festival 2010 for Youth Week (April 2010); 

·     Walk to School Day (May 2010);

·     Joined Carer’s Companion Card Program (May 2010);

·     Water Saving Devices installed at the Depot (May 2010);

·     50,000L Rainwater Tank Installed at Lane Cove Bowling and Recreation Club. (May 2010);

·     Captured Photography Competition (May 2010);

·     Autumn Harmony Festival launched by Mental Health and Well Being Forum (March 2010);

·     Stage 2 of Lane Cove Listens commenced (June 2010); and

·     Stage 2 of the Library completed (July 2010).

 

 

RECOMMENDATION

 

That the 4th Quarter Review of the Management Plan 2009 – 2012 be received and noted.

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

4th Quarter Review of 2009 - 2012 Management Plan

26 Pages

 

 

 


Ordinary Council Meeting 16 August 2010

 

Corporate Services Division Report No. 45

 

 

 

 

 

Reference:    Corporate Services Division Report No. 45

Subject:          Fast Tracking Implementation of the Bicycle Plan    

Record No:    SU3341 - 32460/10

Author(s):       Craig Wrightson; Wayne Rylands 

 

 

Executive Summary

The report outlines, the availability of funding within Council’s Budget for a $3,000,000 Bicycle works plan, and identifies other external funding sources. It is recommended that Council retain its existing Reserve allocations and determine if there is to be a change to its other funding priorities.

 

Background

Council at its meeting of 21st June 2010 when considering the adoption of the 2010 -2013 Budget resolved:-

“That the General Manager reports back to Council on the following matters in August:-

1.    The total capital expenditure budget for bicycle facilities for the next three years be increased by $3M to provide additional funding to enable the bike plan to be completed in full by 2015;

2.    Options to pursue additional funding from the state and federal governments, but that these amounts are to be in addition to the $3M allocated; and

3.    The proposed allocation of the $3M increase between the three years.”

 

Discussion

Availability of Funding within Council’s Budget

Council’s 2010 – 2013 Budget forecasts an operating result deficit of $941,921. However, after Grants and Capital contributions a surplus of $1,126,791 is anticipated. In terms of Cash Flow, the budget has a net impact on cash of $1.77 million, which is inline with Council’s first year expenditure on the Meeting House Project at $1.8 million.

Based on the Draft results for the current years budget, from 2008/9 to 2009/10 Council’s overall cash position fell from $25 million to $23.2 million, which is attributable to the fit out of the new Lane Cove Library.  The following table highlights the composition of cash as at 30 June 2010.

 

 

June 2010

June 2009

 

$M

$M

Externally Restricted

3.5

3.7

Internally Restricted

10.1

11.8

Unrestricted

9.6

9.5

Total

23.2

25

Council’ net current assets decreased from $19 million to $15 million during the past 12 months.  The value of net current assets needs to be adjusted to establish Councils’ available working capital, i.e. the unrestricted funds.

 

 

 

 

 


 

June 2010

June 2009

 

$000

$000

Net Current Assets

14,958

18,996

Less:

 

 

    External restrictions

  3,487

  3.715

    Internal restrictions

10,087

11,790

 

  1,384

  3,491

Add:

 

 

    Current Liabilities (Provisions)

4,536

4,099

Available Working Capital

5,920

7,590

A full account of the current internally restricted funds is included as Attachment 1. The Reserves are consistent with Council’s Reserves Policy and their current balances are considered appropriate (Council has already committed $183,000 of the available $190,000 in the property acquisition reserve for recent purchases). If Council wishes to consider funding of $3,000,000 for bicycle facilities, it is not recommended the funding come from these Reserves, however, ultimately it is up to Council to consider its funding priorities.

Similarly in relation to the unrestricted cash of $5,920,000, Council has not completed its Community Strategic Plan, Asset Management Plans, nor its 10 Year Financial Planning process. Therefore, the exact priority order of existing projects is not locked in. In addition a backlog in infrastructure works is evident (see separate report regrading infrastructure levy) and it is envisaged that some new community priorities will emerge which will require funding from the strategic planning process.

The cashflow included in the 2010-2013 adopted budget, in terms of future years, shows a cash deficit of approximately $150,000 p.a. This number is conservative as while some major projects are included, the smaller works program capital projects are not. In reality Council has little capacity to add larger projects to its existing capital works programs within any given financial year. The estimated costs of the known larger projects under active consideration over the next 3 years include:-

 

Project

Net Cost over 3 years

Commentary

Council’s 2011 – 2012 Adopted Cash deficits

$300,000

The cashflow included in the 2010-2013 adopted budget in terms of future years show a cash deficit of approximately $150,000 p.a.

Completion of Meeting House

$1,200,000

Council has provided $1,800,000 in 2010/11 and $2,700,000 is required in the 2011/12 budget to complete the project. This expenditure is anticipated to be offset from sale proceeds of a minimum of $3,300,000, in year 2 -3.

Infrastructure Backlog

$1,800,000

As a result of the preparation of Council’s Asset Management Plan, it is proposed that as a minimum an additional $600,000 p.a. in capital Works will need to be spent on Roads.

Aquatic Centre

$1,228,000?

Council has Budgeted $2,500,000 in 2010/11 to repair the ceiling of the Aquatic Centre. This amount is 100% offset by proceeds from the pending court case. Should Council be unsuccessful, funds from the Aquatic Centre Reserve of $1,272,000 are available, leaving a shortfall of $1,228,000.

Market Square/Lane Cove Library

$750,000

Following construction of the project, it is appropriate to consider establishing a Reserve for Council’s liabilities in respect of the Building. A contribution Rate of $250,000 p.a. is proposed based on Council’s liabilities in this $61,000,000 asset.

 

Project

Net Cost over 3 years

Commentary

Little Street Car park Development

$500,000 + $700,000 in future years

Council has not yet determined the delivery method for this project, however, as a minimum it is estimated to cost $500,000 to obtain a Construction Certificate and prepare Tender Documentation. In addition, existing financial modelling has not included the cost of fitting out the proposed community area, which is estimated at $700,000.

314 Burns Bay Road

$1,000,000

Council in preparing for the development of the site will be required to construct a road ($2,000,000 is available in Reserve for this purpose), prepare a Development Application, obtain a Construction Certificate and develop Tender Documentation.

The total cost estimates over the three year period are therefore somewhere between $5,500,000 and $6,780,000, dependent on the outcome of the Aquatic Centre court case. Ultimately it is up to Council to consider its funding priorities.

 

Availability of Funding from External Sources for Bike Plan Works

 

Funding Source

Budget 2010-2011

Agency

Description of funding

RTA funding

NIL

NSW State Government

Part of the Memorandum of Understanding (MOU) between Council's and the RTA funding is provided buy the RTA on a yearly basis for Road infrastructure and road safety projects. Bicycle funding has not been provided by the RTA in the last three years.

State Government Infrastructure funding

$26,000 (application has been made)

NSW State Government

Community Building Partnership Program. The NSW Government provides funds for community groups and councils to invest in community infrastructure throughout the State.
Last year 1,180 grants were approved for community groups and local councils to build or upgrade local facilities. This year the NSW Government will contribute a further $35 million to community projects by investing $300,000 in each electoral district, with an additional $100,000 for electorates with relatively higher unemployment.

Inner City Regional Bicycle Funding

Application has been made by Sydney City Council in conjunction with surrounding Councils (including Lane Cove).

NSW State Government

The proposed project is in addition to the City's current $76 million works program to build 200km of cycleways in the City Centre and inner city villages by 2017. The Inner City of Sydney is working with 14 councils, including Lane Cove, to develop a cycleway network in excess of 284 kilometres stretching from Kogarah to Chatswood and from Rhodes to Watsons Bay. Funding has been requested from State Government with opportunity from the Federal Government.

Commonwealth Infrastructure Funding

Nil

Federal Government

The Nation Building - Economic Stimulus Plan will help Australia's economic growth by providing major new funding for individual initiatives. Council has not received any bicycle funding as part of this program.

 

Three Year Work Plan

Should Council decide to proceed with a $3,000,000 program, the following suggested Work Plan is based on the priorities of Council’s Bicycle Plan.

 

Project

Works Proposed

Estimate

Status

Priority

Year 1

Penrose Street Bridge St River Rd

Whole length Widen footpath for shared path: north side east of Longueville Rd, south side west of Longueville Road

$1,172,000

Designs are currently undertaken

1

Year 2

Longueville Rd

Green bike shoulder lanes, sharp corner, civil works to adjust refuges for safe bike access

$254,000

Requires detailed designs

1

Burns Bay Road - Rosenthal Ave

Centennial Ave to Birdwood Ave, Green Bike shoulder lanes,, civil works to adjust refuges, ramp to Link Epping Road

$451,000

Requires detailed designs

1

Linley Point Reserve to Tambourine Bay Road

Improve Pedestrian Bridge Access. New Shared path

$385,000

In addition to work carried out in 2009 -2010

1

Year 3

Penrose Street Bridge St River Rd

Upgrade intersection facilities, to include north south bike lanes with two opposing right turns lanes, one north/south through lane each way. Signal modelling plus counts.

$112,000

Requires detailed designs

1

Willandra St, Mindarie St, Kullah Pd, Gordon Cresc, Karillah Ave, Murray St, Ralston St

New Crossing facilities and pathway improvements

$63,800

Requires detailed designs

2

Sirius Road, Orion Rd, Sam Johnson Way, Moore St, Mars Road, Banksia Cl, Hallam Ave, Oak Ave, Gentle St, Cullens St

Mixture of Bicycle Shoulder lanes, mixed traffic, new pathway, extension of existing bicycle shoulder lanes and new crossing facilities

$130,000

Requires detailed designs

2

Landers Road, Coxs Lane

Mixture of Bicycle Shoulder lanes, mixed traffic, Civil Works

$74,000

Requires detailed designs

2

Greenwhich St to St Leonard's Station

Mixture of Bicycle Shoulder lanes, mixed traffic, Civil Works

$206,000

Requires detailed designs

1

Greenwhich Rd, Lawrence St, Lower Mitchell St

new green bicycle shoulder lanes

$9,700

Requires detailed designs

1

Pacific Highway. Mowbray Rd to Christie

Shared path on western side

$130,000

Requires detailed designs

2

 

 

RECOMMENDATION

That:-

1.   The report be received and noted;

2.   Council retain its existing Reserve allocations and determine if there is to be a change to its other funding priorities; and

3.   A Reserve be established for the renewal of the assets in the Lane Cove Library/Carpark/ Market Square property, with the initial contribution for the 2010/11 year being $250,000.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

2010 Reserves Position

1 Page

 

 

 


Ordinary Council Meeting 16 August 2010

 

Corporate Services Division Report No. 48

 

 

 

 

 

Reference:    Corporate Services Division Report No. 48

Subject:          Infrastructure Levy Proposal    

Record No:    SU4162 - 29707/10

Author(s):       Craig Wrightson 

 

 

 

Executive Summary

The purpose of this report is to provide details on the mechanisms for a possible Infrastructure Levy to be submitted to the NSW government. The report details procedures and requirements to facilitate an application for a special variation to general income under section 508A of the Local Government Act should Council resolve that way.

 

Background

Council at its Meeting of 21st June, 2010 resolved:-

“That a report come back to Council regarding the possible implementation of an Infrastructure  Levy for Lane Cove, such a report to include:-

1.    A comparative study of other Councils;

2.    Possible ratepayers' costs and benefits; and

3.    An outline of the community consultation and legislative process involved.”

 

Discussion

Two key requirements for such an application to raise a Levy are for Council to provide evidence of the need for infrastructure, and community support for the revenue increase. Council has already prepared a wide-ranging suite of plans on social, recreational, cultural and other issues indicating future needs, which would contribute significantly to the justification for the application. Consultation has been conducted extensively for these and, most recently, for the over-arching Community Strategic Plan. These plans provide evidence of the community’s priorities and principles in infrastructure needs and provision. However, further detailed consultation will be required to be undertaken of ratepayers across the LGA for a proposed levy application.

 

Need for Income Increase – Expenditure Outstripping Income / Rate - Pegging

The introduction of Rate-pegging some 30 years ago has led to a reduction in services and standards over time. Maintenance and renewal of a councils’ infrastructure is limited to what a council can afford rather than what is optimal. This when combined with growth in terms of population and quality arising from changing community expectations (for example, child care demand) has seen a gap between present and optimal infrastructure.

Lane Cove is by no means alone with this problem. The 2006 Inquiry, Financial Sustainability of Local Government in NSW (Allan Inquiry) identified an immediate $6.3 billion shortfall in infrastructure needs across NSW, estimated to worsen by up to $800 million annually to 2020, in the absence of financial remedies. In response councils, including Lane Cove, commenced assessments of the condition of their assets stock.

The finalisation of the modelling and works programs arising from the preparation of Council’s Asset Management Plans is not yet complete. It is evident however, there are significant backlogs in the following areas, which would easily exceed $1,000,000 in works p.a. over a seven year period:-

·     Road Maintenance;

·     Footpath Maintenance and Construction;

·     Drainage Amplification;

·     Traffic Upgrades e.g. Interaction of Longueville and Burns Bay;

·     Bicycle Paths;

·     Sporting Grounds and other recreation facilities (including Blackman Park Access Road) levelling and amenities; and

·     Community Facilities.

Additional specific supporting data is required on the desired levels of service to meet the existing and future populations’ needs.  Staff have been compiling this data for presentation to Council in a further report, subject to approval of this report’s recommendation, a further report will be provided.

 

Other Council’s Experience

A significant proportion of surrounding councils have sought & been granted approval by the Minister to implement environmental, infrastructure & sustainability levy’s, see below.

 

Council

Type of Levy

Purpose

Levy Amount

Mosman

Population: 27,973

 

Community Environmental Contract

Stormwater / Bushland / Integrated Projects / Seawalls

5% p.a.

Infrastructure Levy

Roads / Footpaths / Drainage

6% p.a.

Hunters Hill

Population: 12,570

Environmental

 

Environmental sustainability program

2.6% p.a.

 

Community Facilities Asset Infrastructure

“to fund the ten year works program for building and community facilities”

4.53% p.a.

Manly

Population: 38,790

Environmental

Creekline Restoration / Stormwater / Bushland

4.2% p.a.

Infrastructure Levy

 

2.2% p.a.

Warringah

Population: 136,874

 

Environmental

Environmental / Stormwater /

Bushland / Feral Animal Control

6.9%

Sportsground

Sportsground Upgrades

2%

Infrastructure Levy

 

6.5%

Willoughby

Population: 62,869

Environmental Levy

 

12.16% p.a.

North Sydney

Population: 59,226

Environmental Levy

Stormwater Management / Bushland Rehabilitation / Energy Efficiency

6.15% p.a.

Infrastructure Levy

 

5.51%

Ku-Ring-Gai

Population: 108,212

Infrastructure Levy

Road Rehabilitation /  Bushland / Waterways / Urban Environment

4.98% p.a

Environmental Levy

5.13% p.a

Special Facilities Levy

3.15%

Hornsby

Population: 154,563

Catchment Remediation

Environmental Restoration Projects

5%

Infrastructure Levy

 

5.6% (Not yet approved)

Canada Bay

Population: 59,845

 

Sustainable City Levy

Economic / Cultural & Social Programs

6.28% p.a.

 

Since these levies were introduced, new special variation guidelines were introduced by the Division of Local Government in 2009. It is worth noting that Hornsby has in the past 12 months sought to introduce an infrastructure levy under these guidelines, and despite having fully complied with the process, was denied. The matter is currently subject to appeal.

These new guidelines will only be interim, as the State Government has announced that IPART will now be responsible for considering special variations and setting the Rate pegging limit. The IPART special variation guidelines are scheduled to be released in September 2010. The IPART determination will also co-inside with Lane Cove’s move to the new Integrated Community Planning process, from 1 July 2011. The new Integrated Planning and Reporting framework is intended to facilitate the process for a council to apply for a special variation under section 508A of the Local Government Act (Fixed Term) and this is the relevant form of application for Lane Cove to prepare should council elect to proceed.  Under the Integrated Planning and Reporting framework it is intended that as a Council is elected, it will determine its priorities and programs for the electoral period, and if necessary, seek approval for any special variations to deliver the outcomes.

 

Process to Obtain Infrastructure Levies

The following outlines the current process under the Division of Local Government Guidelines of December 2009.  As stated this may change under IPART.

The key matters considered as part of the assessment of a section 508A application are:-

·           Sound business case;

·           Impact on council sustainability;

·           Efficiencies;

·           Impact on ratepayers;

·           Consultation and feedback; and

·           Special variation application history.

The application must include a general overview of the purpose and reasons behind the application, including the period covered by the variation, the financial impact of the proposed increases and how the application reflects the Community Strategic Plan.

A council’s application must be supported by a Long Term Financial Plan (LTFP) and asset Management Plan that has been developed in accordance with the prescribed Integrated Planning and Reporting requirements.

It must also include information on key assumptions that underpin the LTFP and the special variation application. These assumptions will include projections such as:-

·           the community’s priorities and expectations;

·           the rate peg;

·           level of cost recovery for provision of services (e.g. full/partial cost recovery);

·           expenditure growth rate;

·           major asset disposals/investments/capital commitments;

·           population/ rate assessment growth rate;

·           major borrowings/repayments;

·           grants and other revenue; and

·           proposed level of service for assets.

 

Community Engagement

Given its significance, any council considering applying for a section 508A variation must demonstrate its ongoing consultations with its community in relation to the variation.

Details must be provided of the steps the council has taken to inform the community of the special variation proposal and the mechanisms it has implemented to obtain community feedback on the proposal.

This includes community engagement through the draft management plan process, surveys, media publicity, focus groups, public meetings etc. Council when preparing for the Sustainability Levy utilised the following consultation methods, which would be similar for an Infrastructure Levy.

 

Draft Infrastructure Levy Consultation Strategy

 

Collaborate

Involve

Consult

Consult

Consult

Target Audience

Council’s Community Reference Groups

400 members of the Lane Cove Community demography based.

Key message givers eg; presidents of local resident associations

Lane Cove Community

Lane Cove Community

Proposed Medium

Briefing sessions and discussion at Meetings

Deliberative poll

Briefing sessions

Staffed exhibition over 2 days, Thursday Evening and Saturday Morning

Community Newsletter

Website Survey

Public Exhibition

 

Revenue that could be raised from a Levy

 

As it is proposed to utilise the levy for Stormwater Drainage enhancements, it is not possible for Council to maintain the existing “Stormwater Management Charge” of $25 per property. This charge currently raises some $281,000 p.a. As this charge would need to absorbed into the Levy, if for example Council wanted to raise $1,000,000 in additional revenue, the levy would be for $1,281,000 or approximately 7.5%. The net effect to Ratepayers, however, is approximately 6%. Below are options for a levy of up to 10%. None of the options equate to more than a cup of coffee per week.

 

Levy Applied

Total Income Generated

Net Cost/Per Year/Per Premises

Net Cost/Per Week/Per Premises

2.00%

$338,707

-$0.28

-$0.01

3.00%

$508,061

$12.08

$0.23

3.50%

$592,737

$18.27

$0.35

4.00%

$677,414

$24.45

$0.47

4.50%

$762,091

$30.63

$0.59

5.00%

$846,768

$36.81

$0.71

5.50%

$931,444

$42.99

$0.83

6.00%

$1,016,121

$49.17

$0.95

6.50%

$1,100,798

$55.35

$1.06

7.00%

$1,185,475

$61.53

$1.18

7.50%

$1,270,151

$67.71

$1.30

8.00%

$1,354,828

$73.89

$1.42

8.50%

$1,439,505

$80.07

$1.54

9.00%

$1,524,182

$86.25

$1.66

9.50%

$1,608,858

$92.43

$1.78

10.00%

$1,693,535

$98.62

$1.90

*Projections based upon 13,700 Rateable Properties & General Rateable Income of $16,938,350


Conclusion

Council’s Infrastructure backlog is the same issue confronting councils across Australia. The majority of councils in the region have responded to this by raising an Infrastructure Levy in addition to their environmental focused levies. If Council favours pursuing the implementation of a levy, a further report can be submitted to Council outlining in detail Council’s current and future infrastructure needs.

 

 

RECOMMENDATION

That:-

1.         The report be received and noted;

2.         Council determine whether it wishes to pursue the implementation of an Infrastructure Levy.

3.         A further report be submitted to Council outlining in detail Council’s current and future infrastructure needs.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 August 2010

 

Open Space and Urban Services Division Report No. 32

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 32

Subject:          Lane Cove Tunnel - Filtration    

Record No:    SU1495 - 32343/10

Author(s):       Wayne Rylands 

 

 

Executive Summary

At the Council meeting of 15th March 2010, Council reiterated its’ support for the Lane Cove Tunnel to be fitted with filtration equipment.  Council resolved inter-alia that:-

“A letter be sent to the State Leader of the Opposition requesting that filtration of the Lane Cove Tunnel be part of their policy platform for the next State election.”

A letter was sent to Barry O’Farrell in April requesting the Opposition’s support for filtration of the Lane Cove Tunnel.  Mr O’Farrell has responded to Council that filtration of the Lane Cove Tunnel remains a NSW Liberals & Nationals policy.

 

Background

At the Council meeting of 15th March 2010, consideration was given to whether Council should continue the monitoring and reporting functions that Connector undertook with respect to air quality.  Due to the significant costs associated with these functions, Council determined to only proceed with acquiring the stations from Connector at no cost.  Connector did not accept Council’s offer.  As such, the air quality monitoring stations are now being removed.

However, Council’s concern with the deleterious effects of the air-borne pollutants associated with the Tunnel still exists.  With a State election looming in March 2011, Council resolved to write to the Leader of the Opposition requesting that filtration of the Lane Cove Tunnel be part of their policy platform for the next State election.

 

Discussion

Council wrote to the Leader of the Opposition, Mr Barry O’Farrell MP, in April 2010 making the above request. Mr O’Farrell has responded to Council, shown attached as AT-1.  Mr O’Farrell has reaffirmed the commitment of the NSW Liberals & Nationals to provide filtration to the Lane Cove Tunnel.  He has also provided a draft Roads Amendment (Lane Cove Tunnel Filtration) Bill 2007 that Liberal Member for Lane Cove, Anthony Roberts MP, tabled in Parliament in September 2007.

 

Conclusion

The State Leader of the Opposition, Mr Barry O’Farrell MP, has reaffirmed the commitment of the NSW Liberals and Nationals to filtration of the Lane Cove Tunnel remaining their policy.

 

RECOMMENDATION

 

That Council write to and thank Mr Barry O’Farrell MP for reaffirming that filtration of the Lane Cove Tunnel remaining a NSW Liberals & Nationals policy.

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

ATTACHMENTS:

AT‑1 View

Letter From Mr Barry O'Farrell MP, on NSW Liberals & Nationals Support for Filtration of Lane Cove Tunnel

7 Pages

 

 

 


Ordinary Council Meeting 16 August 2010

 

Open Space and Urban Services Division Report No. 33

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 33

Subject:          Lane Cove Golf Course - Fee Variation    

Record No:    SU2092 - 32681/10

Author(s):       Wayne Rylands 

 

 

Executive Summary

In an effort to increase public participation at Lane Cove Golf Course, the Golf Course Manager, Mr Scott Fisher, has prepared a proposal to permit lower golf fees at certain times. The proposal addresses non-use of the golf course by the public at the times outlined in the report. It is recommended that Council adopt the proposed measures prepared by the Golf Course Manager, such that the altered golf course fee structure can be advertised in accordance with Council’s Fees & Charges policy.

 

Background

Lane Cove Golf Course has not been immune to the drop in both public participation and golf club membership that has been occurring Australia wide over the past 10 years.

The Golf Course Manager, Mr Scott Fisher, has been maintaining a detailed database of the usage of the golf course over the past 18 months. Through the use of this information, Mr Fisher has identified a number of times on particular days where usage is very low. Mr Fisher has suggested a number of promotions that may assist to increase the public participation in these times. These are detailed in the discussion below.

 

Discussion

Decreasing public participation at the Lane Cove Golf Course has been having a negative effect on both Council’s and the Golf Course Manager’s budgetary bottom line over recent years.

Council staff have been working with the Golf Course Manager in an effort to increase golf course participation in general, and particularly in quiet times. The Golf Course Manager has developed a proposal that involves the creation of some new categories, that if implemented and promoted should help increase the usage and awareness of the golf course.

The Golf Course Manager has proposed the following:-

1.    Wednesday mornings before 11.20am: Pay one full green fee and a second player is free.

2.    Mondays, Tuesdays, & Wednesdays: Any community services worker such as Police, Fire Brigade, Ambulance or hospital worker upon showing their identification will pay half price of full green fee.

3.    Monday to Friday: The introduction of a twilight rate of $15 after a designated time and receive unlimited holes of golf.

 

Community Consultation

Statement of Intent

The consultation is designed to determine if there are any objections to these proposed fees.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with the amended fees.


Method

Level of Participation

Inform

Involve

Form of Participation

Open

Targeted

Target Audience

Lane Cove Community

Golfers at the Lane Cove Golf Course

Proposed Medium

Public Exhibition, E-Newsletters and Advertisement

Public Exhibition

Indicative Timing

Late August to September

Late August to September

 

Conclusion

It is considered that these new fee arrangements will potentially increase utilisation and therefore fee income from the Golf Course. It is therefore suggested after appropriate exhibition they be adopted as a trial until 30 June 2011.

 

 

RECOMMENDATION

That:-

1.   Council adopts the new categories of Green Fees for the purposes of public exhibition.

2.   The proposed new categories of Green Fees be placed on public exhibition for 6 weeks and community consultation takes place in accordance with the Consultation Strategy outlined in the report.

3.   A further report be submitted to Council following the exhibition period to amend the 2010/11 Fees and Charges.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 16 August 2010

 

Open Space and Urban Services Division Report No. 2

 

 

 

 

 

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

Subject:          Tender for Burns Bay Boat Ramp Redevelopment    

Record No:    su4178 - 32732/10

Author(s):       Martin Terescenko 

 

 

Executive Summary

Council has received a grant from NSW Maritime under the Better Boating Program for the redevelopment of the Burns Bay Reserve Boat Ramp and has called for tenders in accordance with Part 7 of the Local Government (General) Regulation 2005 (NSW) to undertake the redevelopment.  A full report on the evaluation of the tender is included in the Confidential Section of this Business Paper. This Report provides details on the tender process conducted for the information of the public.  

 

Discussion

The tender is for the removal of the existing boat ramp at Burns Bay Reserve and the construction of a new ramp.  The existing ramp is 3.5m wide, 10.4m long and is of concrete construction. The proposed ramp is 6m wide and 24m long and has been designed to provide improved access to the bay.

Council advertised the tender in the Sydney Morning Herald and in the North Shore Times during July.  Tenders closed at 2pm on 3rd August 2010 and Council received 10 submissions.  The tender evaluation panel consisted of Council’s Manager – Assets, Development Engineer, and Civil Works Officer. 

Each tender was assessed based on the following weighted criteria and ranked accordingly:-

 

Company

Price (30%)

Work Method (5%)

Delivery Time

(15%)

Previous Experience

(30%)

Capability

(15%)

OH&S Program (5%)

Rank

Antoun Civil Engineering

 

 

Equal Preferred

 

 

Equal Preferred

 

AWB P/L

 

 

Equal Preferred

Equal Preferred

Equal Preferred

Equal Preferred

 

Bell Rock Constructions

 

 

Equal Preferred

 

 

 

 

Civil Constructions

Equal Preferred

 

Equal Preferred

 

 

 

 

Civil Works (NSW) P/L

Equal Preferred

 

 

 

 

 

 

Clement Marine Services

 

Preferred

 

Equal Preferred

Equal Preferred

 

Preferred

CW Concrete

 

 

Equal Preferred

 

 

 

 

GC Civil

 

 

 

 

 

 

 

Murphy McCarthy & Associates

 

 

 

 

 

Equal Preferred

 

Talon Civil P/L

 

 

Equal Preferred

 

 

 

 

The recommended tenderer for the Burns Bay Boat Ramp Reconstruction is Clement Marine Services.  Their tender recorded the highest score across all the weighted criteria.

 

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 August 2010

 

Environmental Services Division Report No. 30

 

 

 

 

 

Reference:    Environmental Services Division Report No. 30

Subject:          Delegated Authority Report - July 2010    

Record No:    SU1863 - 32171/10

Author(s):       Angela  Panich 

 

 

 

During the month of July 2010 a total of 36 Development Applications were determined under delegation by staff and two (2) by Council.  In addition four (4) Construction Certificates and 15 Privately Certified Construction Certificates were issued.  There were seven (7) Privately Certified Complying Developments in July.

Developments under the new State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in July were:-

11 Stella Vista Place, Greenwich        -           Dwelling;

115 Longueville Road, Lane Cove      -           Commercial (minor alteration to internal doors);

39 Centennial Avenue, Lane Cove      -           Dwelling;

20 Kara Street, Lane Cove North        -           Swimming Pool;

20 Fox Street, Lane Cove                   -           Modification of Consent;

29-57 Christie Street, St Leonards     -           Use/Fitout of Office; and

18-20 Orion Road, Lane Cove            -           Office Fitout.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications Determined for July 2010

5 Pages

 

 

 


Ordinary Council Meeting 16 August 2010

 

Environmental Services Division Report No. 31

 

 

 

 

 

Reference:    Environmental Services Division Report No. 31

Subject:          Draft NSW Competition SEPP    

Record No:    SU1060 - 32291/10

Author(s):       Stephanie Bashford 

 

 

Executive Summary

A Draft State Environmental Planning Policy (Competition) has been published by the NSW Department of Planning. Its aims are to promote economic growth and competition and to remove anti-competitive barriers in environmental planning provisions. A copy of the draft SEPP is attached as AT-1.

The Draft Competition SEPP provides that Council, in assessing a development application, may not take into account:-

·     The commercial viability of a proposed development;

·     Its likely impact on the viability of other commercial development;

·     The number of a particular type of retail premises in a development or area; or

·     The proximity of a particular type of retail premises to other retail premises of that type.

Council may however consider:-

·      whether a proposed commercial development is likely to have an overall adverse impact on the extent and adequacy of facilities and services available to the local community.

“Commercial” development includes retail, business and office uses.

The draft SEPP is consistent with Council’s current practices in development assessment.

It is recommended that Council note the exhibition of the draft SEPP.

 

Background

The Draft Competition SEPP has been placed on public exhibition from Tuesday 27th July until Thursday 26th August 2010.

The draft SEPP was prepared in response to the recommendations of a NSW government discussion paper, “Promoting Economic Growth and Competition through the Planning System Review Report” of April 2010. A copy of the document is attached as background information as AT-2.

The paper, prepared by the NSW Department of Planning and the Better Regulation Office, investigates the extent to which economic growth and competition may be impacted by the planning system.  This issue related also to reviews of State planning and zoning laws by the Australian Competition and Consumer Commission (ACCC) and the Productivity Commission to assess whether they impose any unnecessary restrictions on competition.

 

Discussion

The NSW discussion paper’s recommendations focus on strengthening competition in the retail sector through the planning system and improving public perception about competitiveness for investors and consumers. The resulting draft SEPP aims to clarify that competition between individual businesses is not a relevant planning consideration. Council could not, for instance, introduce a planning policy to limit the number of cafés operating in any of its shopping centres.

The paper’s recommendations directly addressed the Council of Australian Governments (COAG) commitment of 7th December 2009 to ensure that processes are in place to maintain adequate supplies of land suitable for a range of retail activities and that any unnecessary protections for existing businesses from new and innovative competitors are eliminated.

Apart from recommending the new SEPP, the NSW review suggested that although there were found to be substantive concerns relating to market dominance in the groceries sector, these issues would principally be more effectively addressed at the national level by a body equipped to identify and assess competition impacts. Under section 50 of the Trade Practices Act, the

ACCC already investigates supermarket acquisitions to assess whether the purchase will result in a substantial lessening of competition. If there are market share concerns over the dominance of one supermarket brand in an area or “creeping acquisitions”, there needs to be a demonstrated case that there is a substantial lessening of competition as a result.

The draft SEPP would not inhibit the ability of Council or its associated organisations, such as Lane Cove Alive, to undertake economic studies of its business centres.

 

Conclusion

The Draft State Environmental Planning Policy (Competition) has been exhibited by the NSW Department of Planning with the aim of providing planning provisions supporting economic growth and competition.

The draft SEPP provides that the commercial impacts and viability of a proposed development may not be taken into consideration by council when determining development applications. However, it allows Council to consider any adverse impact on the adequacy of local community services and facilities. 

The draft SEPP is consistent with Council’s current practices in development assessment. It is not considered to contain issues indicating the need for a submission from Council.

It is recommended that Council note the exhibition of the Draft SEPP.

 

 

RECOMMENDATION

 

That Council note the exhibition of the Draft State Environmental Planning Policy (Competition).

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft State Environmental Planning Policy (Competition)

7 Pages

 

AT‑2 View

Promoting Economic Growth Review Paper April 2010

19 Pages