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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 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 the Government Information (Public Access)  Act 2009, 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 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.

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of swimming pool (Section 82A review)

ZONE

R2 (low density residential)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

No

NOTIFICATION

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.

 

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:

AT‑1 View

Site Location Plan

1 Page

AT‑2 View

Neighbour Notification Plan

1 Page

AT‑3 View

Submission from Vaughan Milligan dated 21 February 2010

5 Pages

AT‑4 View

Letter from D and S Clark dated 21 February 2011

2 Pages

AT‑5 View

Arboricutural Impact Assessment - 6 Lihon Street

35 Pages

AT‑6 View

Addendum to Arboricultural Report dated 18 January 2011

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).

 

 

RECOMMENDATION

That the 3rd Quarter Review of the Management Plan 2010-2013 be received and noted.

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

3rd Quarter Review of 2010-2013 Management Plan

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:-

 

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