Agenda
Ordinary Council Meeting
16 May 2011
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 16 May 2011 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
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Please note meetings held in the Council
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Information (Public Access) Act 2009, except as allowed under section 18(1) or
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order, warrant or subpoena or by any other legislation.
Ordinary Council 16 May 2011
TABLE OF CONTENTS
DECLARATIONS OF INTEREST
APOLOGIES
OPENING OF MEETING WITH PRAYER
NOTICE OF WEBCASTING OF MEETING
ACKNOWLEDGMENT TO COUNTRY
MATTERS
RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE
Confidential
Items
1. Human Services
Division Report No. 6
SUBJECT: Lane Cove Aquatic Leisure Centre
It is recommended
that the Council close so much of the meeting to the public as provided for
under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that
the report contains advice concerning litigation, or advice as comprises a
discussion of this matter, that would otherwise be privileged from production
in legal proceedings on the ground of legal professional privilege; 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 it further
being considered that discussion of the matter in open meeting would be, on
balance, contrary to public interest by reason of the foregoing and the report
contains advice from Council's Solicitors in regard to litigation.
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 MAY 2011
Referred
Reports FROM Planning and Building Committee 02 May 2011
3. Environmental
Services Division Report No. 68
SUBJECT: 6 Lihon Street, Lane Cove West
Orders
Of The Day
Corporate
Services Division Reports
4. Corporate Services
Division Report No. 18
SUBJECT: 3rd Quarter Review of the Management Plan 2010
- 2013
5. Corporate Services
Division Report No. 19
SUBJECT: Bicycle Advisory Committee - Replacement of
Community Representatives
6. Corporate Services
Division Report No. 20
SUBJECT: 3rd Quarter Review of the 2010 - 2011 Budget
7. Corporate Services
Division Report No. 21
SUBJECT: National General Assembly of Local Government
2011
8. Corporate Services
Division Report No. 24
SUBJECT: Request for Power of Attorney
Environmental
Services Division Reports
9. Environmental
Services Division Report No. 16
SUBJECT: Sustainability Advisory Committee - Nomination
of Community Representative
10. Environmental
Services Division Report No. 17
SUBJECT: Draft Sustainable Events Policy
11. Environmental
Services Division Report No. 19
SUBJECT: 11 Cullen Street, Lane Cove
Ordinary
Council Meeting 16 May 2011
Environmental Services
Division Report No. 68
Reference: Environmental Services Division Report No. 68
Subject: 6 Lihon Street, Lane Cove West
Planning and Building Committee at its
meeting on 02 May 2011 resolved that the matter be referred to the next
Ordinary Council Meeting to held on the 16 May 2011.
Record No: DA10/197-01 - 14218/11
Author(s): Stan Raymont
Property: 6
Lihon- Street, Lane Cove West
DA No: D197/10
Date Lodged: 2
March 2011
Cost of Work: As
previous
Owner: D.J.
& S.M. Clark
Applicant: D.
& S. Clark, c/- Vaughan Milligan Development Consulting Pty. Ltd.
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DESCRIPTION OF PROPOSAL TO APPEAR ON
DETERMINATION
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Construction of swimming pool (Section
82A review)
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ZONE
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R2 (low density residential)
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IS THE PROPOSAL PERMISSIBLE WITHIN THE
ZONE?
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Yes
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IS THE PROPERTY A HERITAGE ITEM?
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No
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IS THE PROPERTY WITHIN A CONSERVATION
AREA?
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No
|
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DOES DCP 1- BUSHLAND APPLY TO THE
PROPERTY?
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No
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BCA CLASSIFICATION
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Class 10b
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STOP THE CLOCK USED
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No
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NOTIFICATION
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Neighbours 2, 3A, 4, 5, 7, 8, 10 Lihon Street and 49, 51, 53 Cope Street
Ward Councillors West
Ward
Progress Association Lane Cove West Residents
Association Inc.
Other Interest Groups -
|
REASON FOR
REFERRAL
Referred by the
Executive Manager, Environmental Services for review and determination by the
Planning and Building Committee.
EXECUTIVE
SUMMARY
This application
is for a Section 82A Review for the deletion of condition 2 of the consent
given to Development Application No.D197/10 which requires the retention of the
Illawarra Flame located near the rear boundary.
Development
Application No.197/10 sought to have the Illawarra Flame Tree located on the
rear boundary on the western side removed and a swimming pool constructed in
the rear yard.
The Tree Assessment Officer required the retention of the Illawarra Flame Tree
and the pool, filter box, service lines and associated landscaping to have a
setback of 4m from the centre of the trunk of the Illawarra Flame Tree.
An
Arboricultural Impact Assessment was submitted by Advanced Treescape Consulting
recommending the removal of the Illawarra Flame Tree. The Manager Parks was
requested to comment on the Arboricultural Impact Assessment and advised that
the Illawarra Flame Tree must be retained and the pool, its service lines,
filter and the associated landscaping must have a setback of 4m from the centre
of the trunk of the Illawarra Flame Tree.
An addendum to
the arboricultural report dated 19 August 2010 was then submitted and the
conclusion was that:-
“Based on this objective assessment by the Resistograph TM
one can simply draw the conclusion that this tree is structurally defective and
needs to be removed as was recommended in my report dated 19 August 2010.
If this development application is rejected and the tree is made to
be retained it is recommended that the matter be determined in the Land and Environment Court.”
The comments of
the Tree Assessment Officer were requested on the addendum to the
arboricultural report and were that he does not support this application in its
current form and agrees with the previous comments by Council’s officers.
Accordingly the application was approved on the 25 January 2011 subject to
conditions.
Condition 2
being:-
“2. The Illawarra Flame Tree located near the
rear boundary being retained and the pool being reduced in size so that the
pool, its service lines, filter and the associated landscaping has a setback of
at least 4m from the centre of the trunk of the Illawarra Flame Tree. PLANS
BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.”
The comments of the Tree Assessment Officer were requested on the
82A Review documents including the arborist report and he does not support the
findings in the tree report or the suggestion the tree poses a real threat. At
the time of inspection the tree appeared to be in good condition with no
obvious signs of structural defects, therefore the tree should be retained on
the allotment and condition 2 still applied.
The options
available to the Planning and Building Committee to consider are:-
1. Refuse the Section 82A review to delete condition 2 as
the Illawarra Flame Tree is to remain.
2. Approve the Section 82A review to delete condition 2 and
allow the Illawarra Flame Tree to be removed.
BACKGROUND
Under the
provisions of S82A of the EP&A Act, an applicant may request Council to
review its determination. Relevant detail follows which places the request in
context.
SECTION 82A
REVIEW
Section 82A of
the Environmental Planning and Assessment Act is as follows:-
82A Review
of determination
(i) If the consent authority
is a council, an applicant may request the council to review a determination of
the applicant’s application.
(3A) In requesting a review the
applicant may make amendments to the development described in the original
application.
(4) The Council may review the
determination if:
(c) In the event that the
applicant has made amendments to the development described in the original
application, the consent authority is satisfied that the development, as
amended, is substantially the same development as the development described in
the original application.
(4A) As a consequence of its
review, the council may confirm or change the determination.
(5) The decision whether or not
to review the determination must not be made by the person who made the
determination unless that person was the council, but is to be made by a person
who is qualified under subsection (6) to make the review.
(6) If the council reviews the
determination, the review must be made by:
(a) If the determination was
made by a delegate of the council – the council or another delegate of the
council who is not subordinate to the delegate who made the determination, or
(b) If the determination was
made by the council - the council.
(7) The council must give
notice of the result of the review to the applicant as soon as practicable
after the review.
(8) If on the review the
council grants development consent, or varies the conditions of a development
consent, the council must endorse on the notice the date from which the
consent, or the consent is varied, operates.
(9) If on a review the council
changes a determination, the changed determination replaces the earlier
determination as from the date of the review.
(10) If on a review the council
grants development consent, or varies the conditions of a development consent,
the council is entitled, with the consent of the applicant and without
prejudice to costs, to have an appeal made under section 97 in respect of its
determination with drawn at any time prior to the determination of that appeal.
(11) A decision on a review may
not be further reviewed under this section.
SITE
The subject site
is located on the northern side of Lihon Street. Existing improvements on the
site consist of a part single storey and part two storey brick and tile
dwelling house with a double garage at the front. There is an Illawarra Flame
tree on the rear boundary on the western side. Site Plan and Notification Plan
attached (AT-1 and AT-2).
PROPOSAL
The proposal is a Section 82A Review for the
deletion of condition 2 of the consent given on the 25 January 2011 to
Development Application No.D197/10 for the construction of a swimming pool in
the rear yard of the subject premises.
Condition 2 being as follows:-
2. The Illawarra Flame Tree located near the rear boundary being
retained and the pool being reduced in size so that the pool, its service
lines, filter and the associated landscaping has a setback of at least 4m from
the centre of the trunk of the Illawarra Flame Tree. PLANS BEING ALTERED TO
COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.
Vaughan Milligan Development Consulting Pty. Ltd. has made a submission
dated 21 February 2010 setting out why condition 2 should be deleted and a copy
is attached (AT-3).
The owners (D
and S Clark) have also submitted a letter dated 21 February 2010 setting out
why condition 2 should be deleted and a copy is attached (AT-4).
PREVIOUS
APPROVALS/HISTORY
Development
Application No.D197/10 was submitted on the 8 September 2010 for the
construction of a swimming pool in the rear yard.
There is an
Illawarra Flame tree on the rear boundary on the western side and there was a
Jacaranda in the rear yard fairly close to the dwelling house on the eastern
side. The owners advise that the Jacaranda tree fell down during a storm.
The water in the
proposed pool was 8m by 3m in size and was shown to have a 3m wide concourse on
the eastern side, a 1.2m wide concourse on the western side, 800mm concourse on
the northern side and a 200mm wide bond beam on the southern side. The
concourse/bond beam of the pool is shown to be set back 800mm from the southern
boundary, 750mm to the western boundary. The concourse of the pool is shown to
be a maximum of 340mm above the ground level and approximately 375mm from the
trunk of the Illawarra Flame tree which it was proposed to be removed.
The comments of
the Tree Assessment Officer were requested on the proposal and were as
follows:-
“I have reviewed the plans and visited
the site. The proposed development consists of the construction of an
in-ground pool in the rear yard. I do not support this application in its
current form.
The plans must be amended to show the
retention of the Flame tree located in the southeast corner of the allotment.
Furthermore the pool; filter box; service lines and associated landscaping must
have a setback of 4m from the centre of the trunk of the Flame tree.”
The applicant was advised accordingly by letter dated
12 October 2010.
The applicant
then submitted an Arboricultural Impact Statement from Russell Kingdom (Principal) of Advanced Treescape Consulting (copy attached) (AT-5).
The recommendation was to remove the Illawarra Flame tree.
This
Arboricultural Impact Assessment was referred to the Manager Open Space who
commented as follows:-
“I
have looked at the plans and the Statement of Environmental Effects and visited
the site. I have also read the Arboricultural Impact Assessment Report by Russell Kingdom dated 19 August 2010.
The proposed plans
are for the construction of an inground pool in the rear yard. The location of
the pool as shown on the plans would require the removal of an Illawarra Flame
Tree, which is growing on the rear boundary. This tree is identified as Tree 2
in the Arboriculture Report.
The Illawarra Flame
tree is worthy of retention. The pool can be located away from the tree closer
to the eastern boundary fence and the area of coping to the side of the pool
reduced in size in order to protect the tree’s roots.
I do
not support this application in its current form.
The Plans must be amended to show the retention
of the Illawarra Flame tree located near the rear boundary. The pool and its
service lines and filter and the associated landscaping must have a setback of
4 m from the centre of the trunk of the Illawarra Flame tree.“
By letter dated
12 October 2010 the applicant was advised accordingly and requested to submit
amended plans.
The applicant
then submitted an addendum dated 18 January 2011 to Arboricultural Report dated
19 August 2010 by Russell Kingdom (Principal) of Advanced Treescape Consulting
(copy attached (AT-6).
The conclusion in the Addendum was:-
“Based on this objective assessment by
the Resistograph TM one can simply draw the conclusion that this
tree is structurally defective and needs to be removed as was recommended in my
report dated 19th August 2010.
If this Development Application is
rejected and the tree is made to be retained it is recommended that the matter
be determined in the Land & Environment Court.”
This addendum was referred to the Tree Preservation
Officer who commented as follows:
“I have reviewed the documents/plans
and visited the site. I have read the “Addendum to Arboricultural Report dated
19th August, 2010”, dated 18th January. The proposed development
consists of the construction of an in-ground pool in the backyard. Its location
would require the removal of an Illawarra Flame Tree, which is growing on the
rear boundary. This tree is identified as Tree 2 in the Arboriculture Report.
The chief considerations regarding trees are:-
1. the proximity of excavation for, and
installation of the proposed pool, filter box, service lines, associated
landscaping and garden lighting to the Illawarra Flame Tree located adjacent
the south boundary and;
2. storage of materials on the site,
including the back yard in the vicinity the Illawarra Flame Tree
I do not support this application in its current form
and agree with the previous comments of Peter Maish and Susan Butler, that:-
The Plans must be amended to show the retention
of the Flame tree located in the southeast corner of the allotment. Furthermore
the pool; filter box; service lines and associated landscaping must have a
setback of 4 m from the centre of the trunk of the Flame tree.
The Plans must be amended to show the retention of
the Illawarra Flame tree located near the rear boundary. The pool and its
service lines and filter and the associated landscaping must have a setback of
4 m from the centre of the trunk of the Illawarra Flame tree.”
Conditions of consent were listed which were included in the
recommendation in the report on Development Application No.D197/10.
Subsequently, under delegated authority to the Manager Development
Assessment approval subject to conditions was granted to Development
Application No.D197/10 to construct a pool in the rear yard of the subject
premises.
Condition 2 of the approval given was:-
“2. The Illawarra Flame Tree
located near the rear boundary being retained and the pool being reduced in
size so that the pool, its service lines, filter and the associated landscaping
has a setback of at least 4m from the centre of the trunk of the Illawarra
Flame Tree. PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A
CONSTRUCTION CERTIFICATE.”
REFERRALS
Development
Engineer
Not applicable.
Tree
Assessment Officer
The comments of the Tree Assessment
Officer were requested on the Section 82A review and are as follows:-
“I have
reviewed the S82a review documents including the arborist report and visited
the site to carry out another visual tree inspection on the subject tree. I do
not support the findings in the tree report or the suggestion the tree poses a
real threat. At the time of inspection the tree appeared to be in good
condition with no obvious signs of structural defects therefore the tree should
be retained on the allotment and Condition 2 still applies.”
Other (Heritage, Traffic, Waterways, Rural Fire Service)
The premises are slightly located on
bushfire prone land as identified in the Bush Fire Risk Management Plan and the
comments of the NSW Rural Fire Service were required in accordance with Section
79BA(1)(b) of the Environmental Planning and Assessment Act and the NSW Rural
Fire Service advise that the service has reviewed the plans and documents
received for the proposal and subsequently raises no issues in relation to bush
fire.
Lane Cove LOCAL Environmental Plan
2009 (Section 79c(1)(a))
The proposal is permissible within the R2 (low density residential)
zoning under the Lane Cove LEP 2009 with Council’s consent.
Other Planning Instruments
SEPP No.55 – Contaminated Land – Clause
7 of the SEPP requires Council to consider whether the land is contaminated.
Notwithstanding the fact that site investigations have not been carried out,
the current and previous use of the site and adjoining sites for residential
uses would substantially reduce the possibilities of contamination.
Accordingly, there is considered to be no contamination issue given the
circumstances of the case.
Variations to Council’s Codes/PolicIes
(seCTIONS 79c(1)(a), (1)(b), and (1)(c))
The preceding policy assessment table identifies those controls that
the proposal does not comply with. Each of the departures is discussed below.
1. Proximity to trees
Part C, Clause 1.9.1(K) of the Lane
Cove DCP 2010 specifies pools are to be located at least 3m from the trunk of a
tree over 5m in height which is required to be retained on the site or is
located on a neighbouring property.
See Tree Assessment Officer’s
comments.
RESPONSE TO NOTIFICATION (Section
79C(1)(d))
No submissions were received in
response to the notification of the development application.
OPTIONS FOR PLANNING AND BUILDING COMMITTEE TO CONSIDER
The options available are:-
1. Refuse the Section 82A review to delete condition 2 as
the Illawarra Flame tree is to remain.
2. Approve the Section 82A review to delete condition 2 and
allow the Illawarra Flame tree to be removed.
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RECOMMENDATION
That the
request for a Section 82A Review be referred to the Planning and Building
Committee for review and determination based on the options outlined above.
|
Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1
View
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Site Location Plan
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1 Page
|
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AT‑2
View
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Neighbour Notification Plan
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1 Page
|
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AT‑3
View
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Submission from Vaughan Milligan dated 21
February 2010
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5 Pages
|
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AT‑4
View
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Letter from D and S Clark dated 21
February 2011
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2 Pages
|
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AT‑5
View
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Arboricutural Impact Assessment - 6 Lihon Street
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35 Pages
|
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AT‑6
View
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Addendum to Arboricultural Report dated
18 January 2011
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5 Pages
|
Ordinary
Council Meeting 16 May 2011
Corporate Services
Division Report No. 18
Reference: Corporate Services Division Report No. 18
Subject: 3rd Quarter Review of the Management Plan 2010 - 2013
Record No: SU238 - 15244/11
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
Third Quarter in 2010-2011 and provides a detailed analysis of the Third
Quarter progress against the performance measurements adopted by Council in the
2010-2013 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:-
· Implemented a Falls Prevention Program for
seniors of Lane Cove and Willoughby in partnership with Willoughby
Council(January);
· Signage Strategy Adopted (February);
· Community Consultation on Amendments to Draft DCP (February);
· Implemented Bicycle paths at Longueville Road
from Epping Road to Burns Bay Road (February-March);
· Completed Energy Meters Borrowing
Program(Sustainability Levy) (March);
· Harmony Day Seminar organised featuring Khoa Do,
2005 Young Australian of the Year (March);
· 10 year Financial Plan, Workforce Plan and Asset
Management Plans adopted (March);
· Seminar on “Women in PNG” organised in
partnership with WAIG (March);
· Council in partnership with Centacare held a
series of 3 “Triple P” Positive Parenting seminars (March);
· 10 year Community Strategic Plan & Budget
Exhibition (March); and
· Save Batten Reserve Media Campaign (March).
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RECOMMENDATION
That the 3rd
Quarter Review of the Management Plan 2010-2013 be received and noted.
|
Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
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AT‑1
View
|
3rd Quarter Review of 2010-2013
Management Plan
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25 Pages
|
Ordinary Council
Meeting 16 May 2011
Corporate Services
Division Report No. 19
Reference: Corporate Services Division Report No. 19
Subject: Bicycle Advisory Committee - Replacement of Community
Representatives
Record No: SU1330 - 17713/11
Author(s): Ian Naylor
Executive Summary
Two (2) of the community representatives
appointed to the Bicycle Advisory Committee in 2008 have recently resigned
their positions. In order to find replacements, Council called for nominations
for community representatives for the Bicycle Advisory Committee. This report
details the nominations received and recommends that Council select two (2)
community representatives for the Bicycle Advisory Committee.
Discussion
On 13 March 2011, an advertisement was
placed in the North Shore Times seeking nominations from members of the
community to become representatives for the Bicycle Advisory Committee. The
criteria for nominations was a local resident with demonstrated cycling
interests. Nominations closed on 29 April and three (3) nominations were
received. All nominations are local residents of Lane Cove. The nominees are Margaret Burke, Melody Braithwaite and Gavin
Imhof.
Margaret Burke was involved in the launch
of the Brisbane bicycle transport scheme called CityCycle. Margaret believes
that cycling is a smart, economical and environmental travel solution and has been quietly promoting cycling amongst the school community at
St Michael’s.
Melody
Braithwaite is a member of the Lane Cove Cultural Diversity Advisory Committee
and has been a recreational cyclist for decades. Melody
feels that improvements are needed to create more safe cycle ways and increase
driver awareness campaigns.
Gavin Imhof is a member of the Lane Cove
Sustainability Action Group and has been involved with ACFs Champions Program.
Gavin currently commutes for work to Darling Harbour and is familiar with most
of the roads within and those in/out of Lane Cove. Gavin feels he is well
aware of many issues faced by cyclists and is well placed to assist the
committee in many areas that are of concern to both the commuter and
recreational cyclist.
Copies of the nominations in full have been
provided to the Councillors separately.
Conclusion
It is recommended that Council select two
(2) of the three (3) nominees for appointment to the Committee.
|
RECOMMENDATION
That Council appoint two (2) community
representatives for the Bicycle Advisory Committee.
|
Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
There are no supporting documents for this
report.
Ordinary Council
Meeting 16 May 2011
Corporate Services
Division Report No. 20
Reference: Corporate Services Division Report No. 20
Subject: 3rd Quarter Review of the 2010 - 2011 Budget
Record No: SU757 - 17736/11
Author(s): Craig Wrightson
Executive Summary
The 3rd Quarter 2010/2011 Budget Review involves
a variety of variations in both income and expenditure. It is recommended that
the Budget be varied in terms of the report and the revised budget position be
adopted.
Background
Council is required to prepare a Budget Review
Statement each quarter, in accordance with Clause 7 of the Local Government
(Financial Management) Regulation 1999. This report is prepared in accordance
with the clause for the period ended 31 March 2011. The purpose of these
reviews is to ensure that the impact of financial variation is reflected in the
forecast of Council’s global budgetary position to 30 June 2011, and the
adopted Budget adjusted accordingly.
Discussion
The following is a summary of Council’s adopted
Budget for 2010 - 2011 and proposed following the adjustments included in this
report:-
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AAS 27 Format
|
Original
Budget
|
Sept
2010
Review
|
Dec
2010
Review
|
Mar
2011 Review
|
Revised
Budget
|
|
Expense from Continuing Operations
|
$32,208,009
|
$200,846
|
$673,103
|
$196,000
|
$33,277,958
|
|
Revenue from Continuing Operations
|
$31,266,088
|
$97,000
|
$710,005
|
$207,970
|
$32,281,063
|
|
Surplus/ (Deficit)
|
$(941,921)
|
$(103,846)
|
$36,902
|
$11,970
|
$(996,895)
|
|
Capital Grants & Contributions
|
$2,068,712
|
$45,000
|
$160,000
|
$178,838
|
$2,452,550
|
|
Surplus/(Deficit)
|
$1,126,791
|
$(58,846)
|
$196,902
|
$190,808
|
$1,455,655
|
AT-1 provides a full list of adjustments. The major increases in
expenditure relate to an additional $100,000 for the legal costs associated
with the Aquatic Centre case. In order to assess and regulate noise complaints
Council needs to replace its Sound Level Meter at a cost of $10,000. The
existing meter has failed and is not able to be repaired. An additional
$116,000 is included as a bad debt in respect of unpaid Rates for 24 Mars Road for the remainder of the financial year. Council has now addressed the
difficulties with the equipment in the Market Square Car Park, revenue is now
projected to be $40,000 for the period it is operational. Maintenance costs
relating to Council’s Parking Meters has increased by $40,000 as a result of
the original maintenance contract expiring.
Council has received a number of grants, which
have both an income and expenditure component, including Burns Bay Boat Ramp
Car Park, $128,838 (no matching component required), $49,970 Sediment Control,
in conjunction with Hunters Hill (no matching component required), Tambourine
Bay - Fish Habitat, $28,000 (no matching component required), and RTA Road
Rehabilitation, $100,000 ($50,000 matching component required).
Council has reduced expenditure of $45,000 in
relation to the proposed Sustainability Project
Officer, a three year contract position, which will now not commence until June
2011 and Waste Contract Renewal
costs, $60,000, which will be incurred next financial year.
Council has received greater revenue from the
disposal of vehicles $30,000, and investment income is up $140,000 due to rises
in interest rates.
The following table outlines the proposed
aggregate changes to program areas in the budget which contributes to the
above, it combines changes to the Operating and Capital budgets.
|
Prog No.
|
Program
|
Variation Operating
|
Variation Capital
|
|
01.10
|
Administration - Corporate Services
|
$103,000
|
|
|
5.7.2
|
Parks & Verges
|
|
$(128,838)
|
|
5.7.3
|
Bushland
|
$(49,970)
|
|
|
05.80
|
Swimming Pool
|
$100,000
|
|
|
08.20
|
Roads
|
|
$(50,000)
|
|
08.50
|
Parking Meters
|
$40,000
|
|
|
09.20
|
Household Garbage
|
$(105,000)
|
|
|
10.10
|
General Purpose Revenue
|
$(100,000)
|
|
|
|
Net Budget Variation - Deficit
|
$(11,970)
|
$(178,838)
|
Statutory Report
In accordance with
Clause 7(2) of the Local Government (Financial Management) Regulation 1999, I Craig Wrightson, Responsible Accounting Officer hereby certify that the Council’s financial position
is satisfactory having regard to the original estimates of income and
expenditure.
|
RECOMMENDATION
That the 2011 – 2012 Budget be varied as follows:-
|
AAS 27 Format
|
Original
Budget
|
Sept
2010
Review
|
Dec
2010
Review
|
Mar
2011 Review
|
Revised
Budget
|
|
Expense from Continuing Operations
|
$32,208,009
|
$200,846
|
$673,103
|
$196,000
|
$33,277,958
|
|
Revenue from Continuing Operations
|
$31,266,088
|
$97,000
|
$710,005
|
$207,970
|
$32,281,063
|
|
Surplus/ (Deficit)
|
$(941,921)
|
$(103,846)
|
$36,902
|
$11,970
|
$(996,895)
|
|
Capital Grants & Contributions
|
$2,068,712
|
$45,000
|
$160,000
|
$178,838
|
$2,452,550
|
|
Surplus/(Deficit)
|
$1,126,791
|
$(58,846)
|
$196,902
|
$190,808
|
$1,455,655
|
|
Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
|
AT‑1
View
|
Proposed Budget Adjustments to 31 March
2011 - 3rd Quarter Budget Review
|
1 Page
|
|
AT‑2
View
|
Balance Sheet and Income Statement to 31
March 2011 - 3rd Quarter Budget Review
|
2 Pages
|
Ordinary Council
Meeting 16 May 2011
Corporate Services
Division Report No. 21
Reference: Corporate Services Division Report No. 21
Subject: National General Assembly of Local Government 2011
Record No: SU204 - 17840/11
Author(s): Ian Naylor
Executive
Summary
The purpose of
this report is to consider submitting a motion to the 2011 National General
Assembly of Local Government in Canberra and support a motion from Hornsby
Council.
Background
At the Council
Meeting of 7 February 2011, Council considered a report on the 2011 National
General Assembly of Local Government to be held at the National Convention
Centre in Canberra from 19 − 22 June 2011 and resolved:-
“…that Council send Councillor Tudge as
a representative, if Council submits motions to the 2011 National General
Assembly of Local Government”.
Discussion
Councillor Tudge
has raised with the General Manager two proposed motions that could be
submitted to the 2011 National General Assembly of Local Government on the
topics of electric bicycles and a disaster relief fund. The topic of a disaster
relief fund has been discussed at Hornsby Council and they have adopted and
submitted a motion for the Conference, shown attached as AT-1. If a
delegate represents Lane Cove at the conference, support could be provided for
this motion from Hornsby.
Council could
consider submitting a motion on electric bicycles in the following terms:-
Title: Federal
Action on standards for Electric Bicycles
Preamble
With rising petrol
prices and the emphasis on being more sustainable, there has been an increased
demand for the importing of electric bicycles into Australia. The rate at which
electric bicycles are growing in Australia is outstripping the Commonwealth’s
ability to adequately legislate. Electric bikes have a wide range of power
systems, brake types etc. This gives Councils, who provide the majority of the
infrastructure problems in ensuring safe use of residential streets, bike
paths, footpaths, car parks etc. Legislation is needled urgently to address the
gap in standards for the importing of electric bikes, technical standards for
their design and construction, their use on Australian roads and associated
infrastructure.
Motion
That the Federal
Government take urgent action on introducing standards for the importing,
design, construction and use of electric bicycles.
|
RECOMMENDATION
That Council
give consideration to submitting a motion on electric bicycles for the
National General Assembly of Local Government to be held in Canberra from 19 −
22 June 2011.
|
Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
|
AT‑1
View
|
Hornsby Council Report 2011 National
General Assembly of Local Government - Proposed Submission of a Motion
|
3 Pages
|
Ordinary Council
Meeting 16 May 2011
Corporate Services
Division Report No. 24
Reference: Corporate Services Division Report No. 24
Subject: Request for Power of Attorney
Record No: SU1282 - 18290/11
Author(s): Ian Naylor
Executive Summary
The purpose of this report is to seek
Council endorsement for applying for a Power of Attorney for Council.
Discussion
From time to time Council is required to
register leases, licences and deeds with the NSW Land and Property Management
Authority (LPMA).
The most efficient method for registering
these documents with the LPMA is by a power of attorney limited to registering
documents.
Council’s solictors Matthews Folbigg who
have expertise in the area of local government leases and conveyancing have
advised that many of their local government clients have a Power of Attorney
for this purpose. They have provided Kogarah Council’s Power of Attorney shown
attached as AT 1, as an example of the Power of Attorney instrument.
It is proposed to register a Power of
Attorney limited to registering documents in Council’s name and grant authority
to the position of General Manager to use this Power of Attorney when it is a
requirement for the registration of documents.
|
RECOMMENDATION
That Council:-
1. Register a Power of Attorney limited to registering documents
and authorise the position of General Manager to use this Power of Attorney
for the registration of documents; and
2. Affix the Common Seal to the Power of Attorney.
|
Craig Wrightson
Executive Manager
Corporate Services Division
ATTACHMENTS:
|
AT‑1
View
|
Kogarah Council's Power of Attorney
|
1 Page
|
|
Ordinary
Council Meeting 16 May 2011
Environmental Services
Division Report No. 16
Reference: Environmental Services Division Report No. 16
Subject: Sustainability Advisory Committee - Nomination of Community
Representative
Record No: SU827 - 17509/11
Author(s): Claire Brittain
Background
At its meeting of 16 April 2011 Council considered a report
regarding nominations for Council’s Sustainability Advisory Committee and
resolved to “defer the appointment of one person
from the nominations as a community representative for the Sustainability
Advisory Committee until the Council Meeting of the 16 May 2011.”
Discussion
All four nominations received for the Sustainability
Advisory Committee were of the highest quality and each candidate was
considered suitable for the committee. However, there is only one vacancy and
therefore one nomination must be endorsed.
The criteria for membership of the SAC:-
· A demonstrated interest in
sustainability and related issues;
· A commitment to sustainability in Lane
Cove, Australia and/or internationally, incorporating environmental, social,
economic and governance aspects;
· Qualifications, knowledge or
experience in a related field; and
· A willingness to contribute to the
management of sustainability activities in Lane Cove according to the SAC
Charter.
As all nominees meet the general criteria for membership to
the SAC, each nomination has been further considered with respect to the
existing membership of the SAC and identified gaps in the knowledge and
experience of the committee. A further two criteria are suggested to aid
Council’s consideration:
Involvement in Lane Cove Community - Most of the
members on the SAC have an academic and technical background with limited
community involvement in sustainability at the local level. Appointing a
nominee who is actively involved in sustainability in the Lane Cove community
would fill this gap in the current SAC.
Interest in SAC priority areas - The current SAC has
decided that the priorities for the next year are energy, transport and
education. It is therefore also recommended that a person be nominated with an
interest in these areas.
A confidential memorandum has been forwarded separately to
Councillors outlining each nominees interest, education, key skills and work
experience.
Conclusion
Having regard to the current membership of the committee and
to balance the skills that Council is able to draw upon in seeking advice on
sustainability issues it is recommended that Council endorse a nominee to the
Sustainability Advisory Committee.
|
RECOMMENDATION
That Council:-
1. Give
consideration to appointing one person from the nominations received as a
community representative for the Sustainability Advisory Committee.
2. Place
one or more of the other three nominees on an eligibility list for
consideration should a further vacancy arise during the current term of the
Sustainability Advisory Committee.
3. Notify
all nominees of the outcome of the selection process and thank them for their
interest in the Sustainability Advisory Committee.
|
Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
There are no supporting documents for this
report.
Ordinary Council
Meeting 16 May 2011
Environmental Services
Division Report No. 17
Reference: Environmental Services Division Report No. 17
Subject: Draft Sustainable Events Policy
Record No: SU4433 - 17628/11
Author(s): Steve Fedorow
Executive Summary
This report describes and recommends that
Council adopt for the purposes of public exhibition, a draft Sustainable Events
Policy.
Background
The NSW Government runs a Waste and
Sustainability Improvement Payment Program that establishes a seven year
funding pool for Council’s to improve their waste and sustainability performance.
To be eligible to receive a Waste and Sustainability Improvement Payment
Council’s must commit to ongoing and additional standards published by the NSW
Officer of Environment & Heritage each year. To qualify for 2010/11 Waste
and Sustainability Improvement funds (already received), Council committed to
developing a Sustainable Events Policy by 30 June 2011.
Discussion
Each year in Lane Cove a range of festivals
and events are held, celebrating our social and cultural diversity. A
Sustainable Events Policy would provide assistance to event organisers in
ensuring that environmental sustainability principles are also considered
during the planning and running of these events.
The draft policy whilst encouraging all
event organisers to develop a specific Sustainable Event Management Plan would
initially apply only to events conducted by Council. Council will work with
other event organisers such as Rotary and the Cameraygal Festival Committee
prior to considering whether it is appropriate to expand the policy to cover
events organised by parties other than Council. A checklist will also be
developed to assist event organisers in implementing the policy.
The draft Sustainable Events Policy dated 9
May 2011 is attached as AT-1.
Community Consultation
Statement of Intent
The consultation is designed to allow all
residents and businesses within Lane Cove to view and comment upon the draft
policy. Any comments received will be reviewed and evaluated when determining
whether to proceed with the policies as drafted.
Method
The following table outlines how Council
proposes to consult the community and interest groups regarding the policies.
|
Level of
Participation
|
Inform
|
Involve
|
Consult
|
|
Form of Participation
|
Open
|
Targeted
|
Open
|
|
Target
Audience
|
Lane Cove
Community
|
Key event
organisers e.g. Rotary, Lane Cove ALIVE, Cameraygal Festival Committee.
|
Lane Cove
Community
|
|
Proposed
Medium
|
Advertisement,
Public Exhibition,
E-newsletter
and
Website
Exhibition
|
Letter,
Private Briefing
|
Public
Exhibition,
E-newsletter
and
Website
Exhibition
|
|
Indicative
Timing
|
May – June
2011
|
May – June
2011
|
May – June
2011
|
Conclusion
The draft Sustainable Events Policy seeks
to assist event organisers in planning and running events in an environmentally
sustainable manner.
|
RECOMMENDATION
That:-
1. Council adopt the draft Sustainable Events Policy dated 9 May
2011 for the purposes of public exhibition for a period of 6 weeks in
accordance with the consultation strategy outlined in the report; and
2. At the conclusion of the public exhibition period, a report
be submitted to Council that outlines the submissions received and makes
appropriate observations and recommendations for Council’s consideration.
|
Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
|
AT‑1
View
|
Draft - Sustainable Events Policy - May
2011
|
4 Pages
|
|
Ordinary Council
Meeting 16 May 2011
Environmental Services Division
Report No. 19
Reference: Environmental Services Division Report No. 19
Subject: 11 Cullen Street, Lane Cove
Record No: DA11/14-01 - 17807/11
Author(s): Michael Mason
Background
Council at it’s meeting of 2 May 2011
resolved:-
“….the matter be referred to mediation.”
A copy of the original report is attached
(AT-1).
Attached as AT-2 is correspondence
from the applicant declining the offer of mediation at this time. As such the
application is referred to full Council for determination.
All affected parties will be advised by
phone prior to this meeting.
|
RECOMMENDATION
That Council determine the application.
|
Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
|
AT‑1
View
|
Copy of Environmental Services Division
Report No. 77
|
13 Pages
|
|
AT‑2
View
|
Letter from Vanessa Wegner, Architect,
dated 6 May 2011
|
1 Page
|