Council Chambers 14 July 2016 The 3682 nd MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 18 July 2016. The agenda is as follows. Ross McCreanor ACTING GENERAL MANAGER North Sydney Council is an Open Government Council. The records of Council are available for public viewing in accordance with this policy, with the only exception being made for certain confidential documents such as legal advice, matters required by legislation not to be divulged, and staff matters. APOLOGIES/LEAVE OF ABSENCE ACKNOWLEDGEMENT OF COUNTRY MATTERS BROUGHT FORWARD CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST MATTERS REFERRED TO COUNCILLOR INSPECTIONS MINUTES OF THE MAYOR RESCISSION MOTIONS of which due notice has been given REPORTS from Officers of the Council CORRESPONDENCE to be read, and if necessary ordered upon MOTIONS of which due notice has been given QUESTIONS of which due notice has been given QUESTIONS without notice. COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT
Transcript
Council Chambers 14 July 2016
The 3682nd MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 18 July 2016. The agenda is as follows.
Ross McCreanor ACTING GENERAL MANAGER
North Sydney Council is an Open Government Council. The records of Council are available for public viewing in accordance with this policy, with the only exception being made for certain confidential documents such as legal advice, matters required by legislation not to be divulged, and staff matters.
APOLOGIES/LEAVE OF ABSENCE
ACKNOWLEDGEMENT OF COUNTRY
MATTERS BROUGHT FORWARD CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST MATTERS REFERRED TO COUNCILLOR INSPECTIONS MINUTES OF THE MAYOR RESCISSION MOTIONS of which due notice has been given REPORTS from Officers of the Council
CORRESPONDENCE to be read, and if necessary ordered upon MOTIONS of which due notice has been given QUESTIONS of which due notice has been given QUESTIONS without notice.
COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT
COUNCIL MEETINGS
Explanatory Notes for Members of the Public Attending Meetings
1. Council meetings comprise the full membership of the Council with a quorum of six Councillors. Ordinary Council meetings consider reports from all Divisions of Council. 2. The Chairperson shall be the Mayor or, in her absence, the Deputy Mayor. 3. A recorded message listing all items on the agenda is placed on the Agenda Information Line (9936 8188) after midday on the Thursday before a Council meeting. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers. 4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8115) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm. 5. As the Chairperson calls the brought forward items on the agenda, speakers are invited to take their place at the foot of the Councillors’ table. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery. 6. The following points should be noted by members of the public wishing to address Council:
Addresses must relate to an item on the agenda. Addresses should be limited to three (3) minutes. Addresses should be made to "Mayor and Councillors". If you have previously addressed the Council on the subject then any further address
must be made to present new information ONLY. Groups, or persons wishing to present similar points of view, should nominate a
spokesperson and not address the Council individually. All questions and comments are to be addressed through the Chairperson. Having made your address and answered any questions put to you by the Councillors,
you may take no further part in the debate. No written submissions or documentation may be presented to the meeting without a
resolution of Council Members of the public are asked not to make insulting or defamatory statements, and
to take care when discussing other people’s personal information (without their consent).
7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter.
COUNCIL MEETINGS
Explanatory Notes for Members of the Public Attending Meetings 8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager. 9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress. 10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting. 11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. All Council meetings are also webcast via the internet. Members of the public are advised that if they address Council their voice will form part of the webcast but they will not appear on camera. Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at Council Offices or Stanton Library.
TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Barbour, Morris, Clare, Baker, Marchandeau, Beregi.
SUBJECT: 3682nd MEETING OF COUNCIL TO BE HELD ON MONDAY, 18 JULY
2016
THAT THE MINUTES of the previous 3681st Council Meeting held on Monday, 14 June 2016 be taken as read and confirmed.
DECLARATIONS OF INTEREST
MINUTES OF THE MAYOR 1. MM01: - Renaming of the Lavender Bay Boardwalk
This Minute is in preparation and will be distributed separately
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REPORTS
General Manager’s Office 1. GMO01: Matters Outstanding
Report of Ross McCreanor, Acting General Manager A report on the current status of matters arising from Council resolutions up to the meeting of 14 June 2016 is presented. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period – The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT the report be received.
2. GMO02: Councillor’s Report - National Sports Convention
Report of Ian Curry, Manager Governance and Committee Services Councillor Beregi attended the National Sports Convention, held at Rosehill Racecourse in June. Attached is Councillor Beregi’s report on the Convention. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT the report be received.
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City Strategy 2. CiS01: JRPP Review of Planning Proposal - 11 Cowdroy
Avenue, Cammeray
Report of Katerina Pikoulas, Graduate Strategic Planner At its meeting on 19 October 2015, Council considered an assessment report in relation to a Planning Proposal that sought to amend North Sydney Local Environmental Plan 2013 (NSLEP 2013) to permit a second dwelling in the form a ‘dual occupancy (detached)’ at 11 Cowdroy Avenue, Cammeray (refer to Attachment 1). Council refused the Planning Proposal from proceeding to Gateway Determination for the following reasons: Insufficient information has been provided to enable a considered assessment; Sufficient residential capacity is already provided under NSLEP 2013 without the need to change the land use mix; The proposal represents an unacceptable precedent in so far that it: a) introduces a new residential accommodation type that is currently not permissible anywhere in the Local Government Area (LGA); and b) gives the impression to the community that Council is willing to amend its planning controls to legitimise unlawful works or unauthorised uses; If implemented, the proposal would result in unreasonable amenity impacts for the occupants of the two dwellings on the site; and If implemented, the proposal is cannot comply with the relevant planning controls under NSLEP 2013 relating to dual occupancies. On 5 January 2016, Council received a letter from the Department of Planning and Environment (DPE) advising that the applicant of the Planning Proposal had lodged a request for a pre-Gateway Review with the DPE. On 29 April 2016, the DPE advised Council that it had completed its assessment of the pre-Gateway Review application (refer to Attachment 2). The DPE’s assessment report raised concerns with Council’s application of the E4 Environmental Living zone on the site and within the immediate adjacent area. It was recommended the Planning Proposal be referred to the Joint Regional Planning Panel (JRPP) for independent review. On 29 June 2016, the JRPP considered the request for an independent review of the Planning Proposal. Contrary to Council’s recommendations, the JRPP recommended the Planning Proposal be submitted for a Gateway Determination, subject to a number of matters raised in its recommendation (refer to Attachment 3). The decision to issue a Gateway Determination has yet to be made and will not be undertaken until the Minister for Planning or their delegate has considered the recommendations of the DPE staff and the JRPP. If issued, the Planning Proposal will then progress to public exhibition. This report is submitted for Council’s information. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period
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The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT the report be received.
3. CiS02: Resourcing the Preparation of Plans of Management
for Tunks and Anderson Parks
Report of Marcelo Occhiuzzi – Manager Strategic Planning At its meetings of 18 April 2016 and 21 March 2016, Council resolved to prepare Plans of Management for Tunks and Anderson Parks respectively. These resolutions arose from a significant level of community interest in the future use and management of both these parks. More recently, Council resolved on 14 June 2016, to receive a report identifying what resources and likely timelines would be associated with the preparation and delivery of these plans. This report identifies the resources and broad timelines required to complete the preparation of these plans including the consultation associated with each. Given the background to each of these resolutions as well as the lack of internal capacity to complete this work within a reasonable timeframe given existing priorities, this report recommends that a consultant team be engaged to conduct this work including the important stakeholder consultation process. Internal project control groups would be established to oversee the preparation of each of the Plans and it is anticipated that each plan would take approximately one year to complete. It is anticipated that an investment of in the order of $100-$150K will be required to seek out and appoint consultant teams to prepare the required Plan of Management for each Tunks Park and Anderson Park. This has not been included in the 2016/17 budget and will need to be the subject of a 2016/17 budget reallocation process. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable as the total expenditure required does not exceed $250,000. Recommending: 1. THAT Council’s resolutions of 21 March and 18 April 2016 be noted but that the objectives and contents of a Masterplan and Plan of Management for Tunks and Anderson Parks be consolidated into a single planning document for each park. 2. THAT in order to expedite the preparation of Plans of Management for Tunks and Anderson Parks, funding of $100-$150K be allocated to each to be spent in 2016/17. 3. THAT a detailed project plan be drafted including an engagement strategy for each plan. 4. THAT a Project Control Group led by City Strategy, be established to oversee the preparation of each Plan of Management.
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5. THAT Council’s Delivery Plan be amended to reflect timeframes and responsibilities associated with this project. 6. THAT known stakeholders be advised of this report.
4. CiS03: Central Laneways Masterplan
Report of Brad Stafford, Executive Planner – Metro Project The Sydney Metro City and Southwest project was announced by the State Government in November 2015. The project proposes two new Metro railway stations within the North Sydney Local Government Area at Crows Nest and North Sydney CBD. As part of Council’s planning response to the project, the Sydney Metro Planning Study was adopted by Council on 16 May 2016. The Study recommended, among other things, that a masterplan be prepared for the small streets / laneways network to the east of the Victoria Cross Metro station location. The impending arrival of the new transport infrastructure will change the nature and function of the precinct. This necessitates the forming of policy for the subject precinct that will ensure that the network can safely accommodate the expected increase in pedestrian activity. It is also critical that Council take the opportunity to facilitate place-making initiatives that will help foster a unique destination within the North Sydney Centre. The Central Laneways Masterplan draws on existing policy and identifies key moves or opportunities within the precinct that will inform the on-going planning and design response to the Sydney Metro and other development within the precinct. The NSW Government’s ambitious timetable for the delivery of its Metro project means that Council must seize the limited time available to positively influence this important project. There are also development pressures within the precinct that will benefit from an adopted and clarified Council position regarding the public domain and land use within it. As such, the adoption of the Masterplan for its forwarding to Transport for NSW is a very high priority. In this context, a formal public exhibition process for the Study, whilst normally desirable, is not recommended in these circumstances. The Masterplan recommends that certain works be undertaken or further investigated. Such matters will be reported or budgeted for separately to this plan and report. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT Council adopt the Central Laneways Masterplan and recommendations attached; 2. THAT the Masterplan be forwarded to Transport for NSW; 3. THAT an amendment to DCP 2013 be prepared that includes a new area character statement for the Central Laneways Precinct; 4. THAT Council undertake necessary steps to investigate the implementation of a shared pedestrian-priority zone throughout the precinct; 5. THAT Transport for NSW be approached to contribute financially toward studies and works required to achieve the objectives of the Masterplan;
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6.THAT Council reaffirm its commitment to implementing in-full the adopted Brett Whiteley Place concept plan of 2015; and 7. THAT any future public domain strategy for the North Sydney Centre include detailed further consideration of place-making and public domain improvement opportunities within the subject precinct.
5. CiS04: Sydney Metro Environmental Impact Assessment Submission
Report of Brad Stafford, Executive Planner – Metro Project The Sydney Metro City and Southwest project was announced by the State Government in November 2015. The project proposes two new Metro railway stations within the North Sydney Local Government Area at Crows Nest and North Sydney CBD. An Environmental Impact Statement (EIS) for the Chatswood to Sydenham component of the project was publicly exhibited from 11 May 2016 to 27 June 2016. A submission was prepared with input from Council’s cross-divisional project control group, and is attached to this report. Owing to submission deadlines and Council’s meeting and reporting schedule, the submission was not able to be reported to Council for endorsement during the exhibition period. A Council-endorsed version of the submission will, however, be forwarded to the Department of Planning and Environment (DPE) should the recommendations below be adopted. The DPE has been advised that the submission lodged on 29 June 2016 was not endorsed by Council but that endorsement is being sought. Council staff continue to liaise closely with Transport for NSW’s Metro team on all aspects of the Metro project as it applies to the North Sydney LGA. Council is continuing its work to inform and influence outcomes for other key matters not fully addressed in the EIS, in particular over-station development. There are no financial implications arising from this report. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT Council adopt the Sydney Metro EIS submission attached to this report; and 2. THAT the submission be forwarded to the Department of Planning and Environment and Transport for NSW.
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Community & Library Services Division 6. CLS01: Community Housing Update – Sustainable Strategies
Report of Martin Ellis, Director Community and Library Services Firstly, under Council’s Affordable Housing Strategy, 9 units (a mix of 1 and 2 bedrooms) at 10 Atchinson Street St Leonards are to be transferred to Council’s ownership in July 2016. These constitute Council’s first contribution to its community of key-worker housing. Secondly, Council has been advised that Link Housing Ltd has been shortlisted for the Federal Social and Affordable Housing Fund (SAHF). Council has previously signed an “in principle MOU” to enable Link to redevelop an existing Boarding House in which Council has a minority share, at 287 Miller Street North Sydney, as a New Generation Boarding House. Further success in SAHF by Link will be enhanced by Council explicitly resolving to support this project. SAHF applications need to include properties on a 25 year lease: Council endorsement of the lease is the explicit support recommended. Link has advised Council that in return for a 25 year lease over both the Atchinson Street properties and 287 Miller Street, it will accept liability for both cyclical and capital maintenance. Council will be aware that, this meets the criteria for sustainability of the community housing portfolio as its capital maintenance can be only met via the sinking fund which is sourced from Council’s social housing surplus from operations: a finite reserve. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT North Sydney Council Local Housing Program – Property Management Agreement 2016-21 be amended to include the properties identified in “Attachment 1” 2. THAT on the basis that Link Housing Ltd accepts liability for both cyclical and capital maintenance, the properties identified in “Attachment 1” be leased to Link Housing Ltd for 25 years for the purposes of Key Worker Housing and Council hereby authorises its Official Seal to be affixed to the lease, under the signature of the Mayor and the General Manager. 3. THAT, on the basis that Link Housing Ltd accepts liability for both cyclical and capital maintenance, and noting there is no financial contribution from Council required, Council re-states its support for the redevelopment of 287 Miller Street North Sydney as a new Generation Boarding House, that on completion it be leased to Link Housing for 25 years, and Council hereby authorises its Official Seal to be affixed to the lease, under the signature of the Mayor and the General Manager.
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7. CLS02: Library Matters: Shorelink & St Thomas Rest Park Restoration & Children’s Services
Report of Rebecca Aukim, Manager, Library Services Members of the Shorelink Library Network convened on 22 June 2016 and due to a lack of quorum resolved to present the outcomes by way of a report. Council’s attention is drawn to: Item 7 Manly Council amalgamation: the Northern Beaches Council representative advised: Manly has committed to remain with the Shorelink Network until September 2017 and will continue to advocate the benefits of the Network. During the coming months our long term participation in Shorelink will be reviewed by the Executive of Northern Beaches Council and the Shorelink Committee will be advised of our future direction according to the terms of the Deed of Agreement. Item 10: General Business Discussion: With regard to uncertainty over who might be an appropriate Councillor representative throughout 2016/17 for the Northern Beaches it was resolved: THAT Legal advice be sought by the Agent Council [North Sydney] clarifying the impact on the Deed of Agreement of the current and proposed amalgamations The report also describes restoration of a famous monument in St Thomas Rest Park, and recent activities in Children’s Services, including 2nd Nan Manefield Young Writers Award. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT legal advice be provided to the Shorelink Committee as requested in the report.
8. CLS03: Innovation and the North Sydney LGA
Report of Martin Ellis, Director, Community and Library Services, Arising from a notice of motion, this report discusses establishing an innovation HUB in the North Sydney LGA. It references Council’s Economic Development Strategy (June 2016). Research has been undertaken into City of Sydney Council’s Creative Spaces program and a recommendation is made to adapt it for North Sydney’s purposes. $100,000 for basic refurbishment of creative spaces has been provided in 2016/17; outgoings are $24,000 per annum. It is proposed that these amounts be taken into consideration in establishing the HUB. Funding for the project is appropriate. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending:
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1. THAT Council notes progress on the identification of spaces that can support innovative enterprises in the North Sydney LGA.
9. CLS04: Community Leases - Market Review, Crows Nest
Centre & Cammeray Children’s Centre
Report of Martin Ellis, Director, Community and Library Services Following an internal audit recommendation, a market review of the value of Council’s community leases has now been received. The Annual Community Grants and Subsidies Report will henceforth be in a position to advise Council more precisely of the value of its subsidies to the Neighbourhood Centres, child care centres, Men’s Shed and others (all those that constitute the Council-facilitated social infrastructure of North Sydney) other than “peppercorn lease” and “building maintenance”. One particular result of the Market Review of strategic significance is the value of the lease over Council’s portion of James Milson Village. The quantification of the subsidy now puts Council in a position to discuss with the JMV Board how best to enact the social justice objectives of the constitution. Responding to a resolution of Council’s a Terms of Reference for a Governance review of JMV has been drafted and is provided with this report. The matters under discussion are provided for in the estimates for 2016/17 Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1.THAT Council open discussions with James Milson Village (JMV) about how best to reflect the value of the current lease in achieving social justice objectives as set out in the JMV constitution. 2. THAT Council invites the Chair and other representatives of James Milson Village to participate in the upcoming workshop to progress the social justice objectives and to consider the recommended Governance Review of JMV. 3. THAT the Crows Nest Centre (CNC) Board be asked to consider the option of CNC retaining the income from room hire of Level 4 of the CNC, and that of the vacated Early Childhood Centre on Level 2 and, in return, accepting that Council will reduce the CNC 2016/17 grant by the amount ($22,000) that KNC has forgone in moving out of the Bradfield Park Centre, allowing Council to increase KNC’s grant by that amount. 4. THAT Council resolve to extend the current lease to Cammeray Children’s Centre to 31 December 2017 and hereby authorises its Official Seal to be affixed to the lease, under the signature of the Mayor and the General Manager 5. THAT Council seeks expressions of interest (EOI) from not-for-profit child care providers for providing long day care Monday to Friday from January 2018 on the Upper Level of Kendall Community Centre, on the basis that priority is given to the existing enrolments and waiting lists. 6. THAT, should no submissions be received in the EOI meeting Council’s specifications for quality care and offering long day care hours at Kendall Community Centre for 5 days a week, Council renew the lease, for 5 years, to
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Cammeray Children’s Centre (CCC) including the appropriate terms and conditions set in the CCC correspondence dated 5 July 2015.
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Corporate Services Division 10. CoS01: Investments and Loan Borrowings Held as at 30 June
2016
Report of Garry Ross, Manager Financial Services (Responsible Accounting Officer) This report provides details of the performance of Council’s investment portfolio for the June 2016. The portfolio provided an annualised return of 3.68% for the year to date as at 30 June 2016, 1.66% above the reportable benchmark (BBSW Bank Bill Index) Council has commenced a $30 million debt facility and as at the 30 June 2016, has drawn down $9.5 million for capital works projects. Interest returns for the month ended 30 June 2016 remain consistently above the benchmark. This was attributed to additional funds being made available for investment and prudent selection and allocation of these funds to the financial institutions which make up the investment portfolio. Interest returns for this financial year reflect estimated available funds and predicted expenditure of Council’s reserves. Council is exposed to interest rate risk whenever it borrows, regardless of whether the interest rates are fixed or variable. The returns performance from investments for the financial year exceeded adopted estimates. Loan borrowing fundings for project identified in the LTFP is appropriate. All borrowings need to comply with the identified principles of Council’s Financial Management Policy. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1, THAT the report be received. 2. THAT the amended Financial Investment Policy be adopted.
11. CoS02: 2016/17 Rating Structure
Report of Garry Ross, Manager Financial Services (Responsible Accounting Officer) The amended Delivery Program 2013/14 – 2016/17 was adopted by Council on 14 June 2016. Within this program, the Revenue Policy was presented with the proposed rating structure for 2016/17. It is appropriate that the rates in the dollar for the Residential rate be recalculated to take into consideration recent amendments that have been processed prior to 30 June 2016.
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The proposed rating structure for 2016/17 is based on an increase of 5.5% in rating income as approved under the special rate variation approval made by IPART in June 2012. The 5.5% increase includes 1.8% for the General Variation as determined for 2016/17. Rates are Council’s primary source of operating income. The proposed 2016/17 rating structure is consistent with the IPART approval. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT Council make the following rates for the year 1 July 2016 to 30 June 2017: Residential Rate 0.109769 cents in the dollar $506.00 minimum Business Rate 0.588296 cents in the dollar $506.00 minimum Infrastructure Levy 0.005127 cents in the dollar $21.36 base amount Environmental Levy 0.005724 cents in the dollar $23.84 base amount Crows Nest Special 0.047918 cents in the dollar $106.81 base amount Neutral Bay Special 0.064399 cents in the dollar $127.39 base amount
12. CoS03: Governance Committee - Minutes 27 June 2016
Report of Ian Curry, Manager Governance and Committee Services This report presents the recommendations in the reports of the last meeting of the Governance Committee scheduled for 27 June 2016, for Council adoption. The meeting did not have a quorum so the items are submitted to Council for consideration. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT the Customer Satisfaction Survey Results report be received. 2. THAT the recommendations to address the findings of the Survey be adopted with the objective of improving satisfaction at the next biennial Survey in 2018. 3. THAT the results of the survey be used to assist in determining priorities for the Community Strategic Plan and in determining budget priorities in the Long Term Financial Plan and Budgets. 4. THAT the results of the survey be used to develop customer satisfaction targets in the Community Strategic Plan.
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5. THAT the Contract Variations report be received. 13. CoS04: 2016 National General Assembly of Local
Government - outcome of motions
Report of Ian Curry, Manager Governance and Committee Services Council at its meeting on 18 April 2016 considered a Governance Committee report regarding a call for motions to the 2016 National General Assembly of Local Government and resolved (Min. No. 111) to submit a motion regarding amalgamations and that a further report be prepared on the Resolutions made by the National General Assembly. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT the report be received.
14. CoS05: New Years Eve Proposed Changes – Summary of
Community Consultation
Report of Gemma North, Events Officer Changes to arrangements on New Years Eve were endorsed by Council for public exhibition at its meeting on 18 April 2016 (Min No. 115). Changes were on display for community comment from 1 - 28 June 2016. This report provides a summary of the consultation process, community feedback and seeks support for implementation of changes for NYE 2016. The estimated cost of the proposed changes, including earlier start time for managed access, additional infrastructure, additional wayfinding signage, additional toilets and promotion is estimated at $50,000. This has been included in the budget for 2016/17. Funding for the project is appropriate. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT the report be received. 2. THAT the proposed changes be implemented on a trial basis in 2016.
Report of Michaela Kemp, Manager Traffic & Transport Operations This report presents the recommendations of the last meeting of the Traffic Committee held on 10 June 2016, for Council adoption. The minutes are attached for information. Approval for the Construction Traffic Management Plans for the following items received no objection from the Traffic Committee members and have been approved under delegated authority of the Manager Traffic and Transport Operations, subject to the recommendations of the Traffic Committee. The Work Zones for these items will also be approved under delegated authority of the Manager Traffic and Transport Operations, pending lodgement of the Work Zone applications and payment of all applicable fees, and subject to the conditions recommended by the Traffic Committee:
Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT another traffic count be taken on Rowlison Parade and The Boulevarde during Saturday peak winter season and the new counts be reported back to the Traffic Committee with a list of all submissions. (4.3) 2. THAT the matter of parking on Crows Nest Road be deferred to a site meeting, to be held on a Thursday at 8.30am after the July school holidays are over. (4.4) 3. THAT all residents of Crows Nest Road be notified of the day and time of the site meeting. (4.4) 4. THAT it be noted that the traffic aspects of the Construction Traffic Management Plan prepared by Terraffic Pty Ltd dated 27 April 2016 for development at 22-28 Albany Street, St Leonards (Development Consent 13/2015) has been approved under delegated authority of the Manager Traffic and Transport Operations subject to the conditions outlined in the report. (6.1) 5. THAT it be noted that the Manager Traffic and Transport Operations will approve the Work Zone on Albany Street as described in this CTMP with the same conditions pending lodgement of a Work Zone application and payment of all applicable fees. (6.1) 6. THAT it be noted that the Manager Traffic and Transport Operations will approve the Work Zone on Albany Lane as described in this CTMP with the same conditions, pending lodgement of a Work zone application and payment of all applicable fees, and subject to the applicant demonstrating that through traffic
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in both directions and normal access to adjoining properties on Albany Lane will be maintained. (6.1) 7. THAT it be noted that the Construction Traffic Management Plan prepared by Varga Traffic Planning Pty Ltd dated 20 April 2016 development at 1-9 Broughton Street, Kirribilli (Development Consent 98/2015) has been approved under delegated authority of the Manager Traffic and Transport Operations subject to the conditions outlined in the report (6.2) 8. THAT the Work Zone on Fitzroy Street as described in this CTMP is approved with the same conditions pending lodgement of a Work zone application and payment of all applicable fees, and subject to Work Zone hours being negotiated through Council’s Traffic Operations division and in consultation with local businesses to provide access to delivery trucks for affected restaurants and businesses. (6.2) 9. THAT the departure truck route map in the CTMP be amended to show the following departure route only: eastbound on Fitzroy Street, left onto Carabella Street, left onto Willoughby Street; right onto Broughton Street; left onto High Street to continue onto Cahill Expressway southbound or Pacific Highway northbound. (6.2) 10. THAT the information regarding Delegated Authority items be received. (4.1) 11. THAT the recommendations made for changes in the parking restrictions be adopted. (4.2) 12. THAT the remainder of recommendations made for minor traffic investigations be adopted. (4.3) 13. THAT adjustments to traffic islands, kerbs and line marking proposed on Bay Road/Priory Road be constructed subject to the RMS reviewing the detailed design. (4.5) 14. THAT the information regarding the Abandoned Vehicles Processed Report be received. (5.1) 15. THAT the information regarding the North Sydney Crash Analysis Report be received. (5.2)
16. EPS02: Transport, Traffic and Parking Consultation
Findings
Report of Michaela Kemp, Manager Traffic and Transport Operations and Simonne Johnston, A/Manager Integrated Planning and Special Projects This report provides an overview of the community engagement program for the Transport and Parking consultation recently completed. It covers the extensive engagement process and details the significant participation of the community in the process. The engagement results have been grouped into key themes as follows: - Transport modes - Community aspirations - Modal and functional themes - Location specific themes - School community themes.
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The findings will now be used to inform the preparation of the three inter-related projects involving transport, traffic and parking planning, being the: 1. North Sydney Transport Strategy, 2. North Sydney Parking Strategy, and the 3. Traffic and Traffic and Parking Area Scheme (TAPAS) Action Plans. Funding has been identified this Financial year in Council Delivery Program for the Development of 1. The North Sydney Transport Strategy 2. The North Sydney Parking Strategy 3. The Development of TAPAS Action Plans for seven (7) TAPAS Zones. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Recommending: 1. THAT the Transport and Parking Consultation Findings Report be received and future directions for the three inter-related projects involving transport, traffic and parking planning, noted. 2. THAT the North Sydney Transport Strategy be prepared and finalised for Public Exhibition this Financial Year 3. THAT the North Sydney Parking Strategy be prepared and finalised for Public Exhibition this Financial Year 4. THAT TAPAS Action Plans be prepared and developed for each of the 7 TAPAS zones this Financial Year. External Traffic Consultants will be engaged to prepare seven (7) Draft TAPAS Action Plans for Public Exhibition by the end of this Financial Year. The Draft Action Plans will be finalised after Public Exhibition and brought back to Council for adoption. Once adopted by Council the Plans will be progressively implemented.
17. EPS03: Proposed Relocation of Substation Kiosk Ernest
Place Crows Nest
Report of John Butterworth, Projects Manager Council resolved in March 2015 to reject all tenders received for this project and to negotiate with suitable contractors. Such negotiations have not been successful to date so Council is now recommended to call fresh tenders. Ausgrid have agreed to relocate this substation kiosk on a cost-sharing basis with Council. However, the amount to be contributed by each party is yet to be finally agreed on, and is subject to both parties agreeing on a tender price. There is funding allocated for this project in the 2015/16 Delivery Program which needs to be carried forward into the 2016/17 Financial Year. Funding for the project is appropriate. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable as this project is committed within Council’s Delivery Program. Recommending:
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1. THAT Council resolve to call new tenders for the proposed relocation of the electricity substation kiosk within Ernest Place Crows Nest from its present location adjacent to Willoughby Road to between the Northside Baptist Church and the Crows Nest Centre.
18. EPS04: Emergency Retaining Wall Works
Report of Ashraf Doureihi, Engineering Project Manager Retaining walls at five locations have been identified as requiring urgent attention. The cost of the works is above what Council has allocated in it retaining wall budget – refer to confidential report for a cost break-up. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project was not included in the current delivery program. However, funding is available from the Capital Works Reserve. This will reduce the overall funding available from the 2017/18 Capital Works Reserve. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable. Funding for the project is appropriate. Recommending: 1. THAT Council resolves to fund the emergency works from the Capital Works Reserve.
19. EPS05: NSC Gross Pollution Trap Capital Works Upgrade
Program
Report of John Van Hesden, Assets Manager North Sydney Council has recently undertaken an audit of the performance of its twenty six (26) Gross Pollutant Traps (GPTs) within the North Sydney LGA. The audit findings were presented to Council’s Environment Reference Group Meeting held in the Ros Crichton Pavilion on Monday, 30 May 2016. As per the recommendation of Council’s Environment Reference Group this report has now been prepared on the upgrade requirements for Councils GPT network to ensure that they are working as designed and to maximise efficiency in reducing the amount of pollutants from entering Sydney Harbour. The purpose of this report based on the findings of the audit prepared by Councils consultants “Optimal Stormwater” is to request that Council establish a capital works upgrade program for its network of Gross Pollution Traps – refer to the capital upgrade requirements and cleaning / maintenance options in tables 1 and 2 of this report. This program is to be established in the 2016/17 financial year and implemented over the next six (6) years. The Consultants Audit Report was not received until after the budget process was completed and therefore are no funds are currently identified in the 2017 Operational Plan for GPT Upgrades. Funds are currently available in Councils Environmental Levy ($200,000) as well as part funding from an existing capital program (Banner Poles, $50,000). A budget bid will be prepared for the 2017/18 Operational Plan requesting that $250,000 be made available for the next 5 years so that the upgrade program can continue and be completed.
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Funding for the project is appropriate. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable as this program is within the $250,000 threshold for new Projects and Programs. Recommending: 1. THAT Council approve the establishment of a Gross Pollutant Trap (GPT) capital works upgrade program commencing in the 2016/17 financial year. 2. THAT $200,000 of capital funding be allocated in the 2016/17 Financial year from the Environmental Levy Reserve and $50,000 by transferred from the existing capital project, Banner Poles.
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Open Space & Environmental Services Division 20. OSE01: Proposal to Lodge a DA for new Sportsground
Lighting at Forsyth Park Field No 1, Neutral Bay Report of Rob Emerson, Director Open Space and Environmental Services The preparation of the DA documentation package for new sportsfield lighting at Forsyth Park Field No 1 is 90% complete. Lighting of sportsfields is one strategy that can be used to increase capacity of sportsgrounds to meet the strong community demand for improved access to sportsgrounds. Two sportsfields exist at Forsyth Park, Field No1 is currently unlit and Field No2 is lit. Lighting of Forsyth Park was identified as a priority in the 2005 Recreation Needs study. The recent Recreation Needs Study 2015, reinforced the installation of lighting on Forsyth Field No 1 as a priority and the project is also listed in the current Forsyth Park Plan of Management 2015. The sportsfield lighting project at Forsyth Park is identified in Councils Delivery Plan 2013/14-2016/17 as being delivered between Q1 Y3 and Q4 Yr 4 under Direction 1: Our Living Environment. It is a strategy designed to meet the objective of improving equity of access to open space and recreation facilities through capital works improvements to existing infrastructure. The lodgement of the DA is the next step in the process. As with all developments of this type, located in highly valued green space, it is anticipated that portions of the local community will object to the proposal based on concerns about potential impacts. In projects of this nature, those concerns are likely to be centred on the potential for increased noise, traffic and the impacts of lighting on adjacent residences as well as concerns regarding the local fauna. Many of these concerns are valid but can be reduced or managed through the use of current lighting technology and Council’s management approach to sportsfields. The DA process requires a consultation period that will provide substantial opportunities for the community to express their concerns and objections. It will also provide an opportunity for Council to hear from those in support of the project. The impact of the lighting on the immediate community will need to be balanced against the increased access to sporting facilities that can be achieved through the project. If the DA is granted construction of the lighting project is scheduled for completion in this current financial year (2016/2017). Funding for the project is included in the adopted 2016/17 budget. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT Council complete the documentation and submit a DA for the proposed Sportsground Lighting at Forsyth Park, Field No 1.
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21. OSE02: North Sydney Oval – Sight Screen Replacement
Report of David Manson, Manager Parks and Reserves This report indicates the current condition status of the two cricket sight screens at North Sydney Oval and the benefits of replacing these screens with an alternative design and style of screen. This project is not funded in the current Delivery Program. However, it is anticipated that savings from other 2016/17 capital projects, particularly Waverton Park Sports Field Lighting and North Sydney Oval capital improvement projects, will provide sufficient funds to allow this project to proceed. Assuming that sufficient savings can realised within the 2016/17 Open Space and Environmental Services capital budget, this project can be funded. Local Government Act 1993: Section 23A Guidelines - Council Decision Making During Merger Proposal Period The Guidelines have been considered in the preparation of this report and are not applicable Recommending: 1. THAT Council resolves to fund the replacement of the cricket sight screens at North Sydney Oval from existing capital works budgets
COUNCIL - 18/7/16 Correspondence (21)
PETITIONS
CORRESPONDENCE
COUNCIL - 18/7/16 NoM (22)
MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN
1. NoM01: Notice of Motion No. 24/16 by Cr Beregi - 12/07/16
Re: 11 Woolcott Ave, Waverton
1. THAT the signing of lease over public land and subsequent proposed development in relation to 11 Woolcott Avenue, Waverton, be deferred. 2. THAT legal advice be obtained from Senior Counsel in relation to the concerns raised at the confidential briefing in relation to 11 Woolcott Ave, Waverton. 3. THAT following receipt of the advice, a Councillor briefing be arranged with the external lawyer in attendance. 4. THAT following the Councillor briefing, the matter then be referred back to Council for determination in relation to the lease. 5. THAT an expert opinion be sought in relation to the improved property value of 11 Woolcott Ave in the event that the lease is granted and the proposed structure and associated works completed. 6. THAT the legal advice dated 24 February 2016 which was discussed at the briefing on 7 March 2016 be made public and posted on Council's website.
2. NoM02: Notice of Motion No. 25/16 by Cr Morris - 13/07/16
Re: Public Schools use of North Sydney Oval
1.THAT Public Schools located in the North Sydney LGA each be allowed the use of North Sydney Oval on one occasion per calendar year free of hiring fees and subject only to associated security and cleaning costs. Background The North Sydney Demonstration School held a very successful end of year carnival at North Sydney Oval, on the above basis, in 2015. It is suggested that this practice be repeated and the same offer extended to other Public Schools in the LGA.
3. NoM03: Notice of Motion No. 26/16 by Cr Baker - 13/07/16
Re: Proposed State Infrastructure Contribution (SIC) – potential application to development sites in the St Leonards/Crows Nest Precinct planning areas
COUNCIL - 18/7/16 NoM (23)
1.THAT Council reiterate and reinforce its commitment to planning for and delivery of defined public benefits (including public open space, improved public domain, affordable housing and community facilities) to accompany increased density and yield in St Leonards/Crows Nest and around the proposed new Metro stations. 2. THAT Council write to the Minister for Planning to seek an urgent meeting to discuss Council’s planning for St Leonards/Crows Nest and the North Sydney CBD in the context of the plans for the Sydney Metro and the State Government’s proposed new State Infrastructure Contributions. 3. THAT Council write to the Greater Sydney Commission to seek an urgent meeting with the Northern District Commissioner to discuss Council’s planning for St Leonards/Crows Nest and the North Sydney CBD in the context of the plans for the Sydney Metro and the State Government’s proposed new State Infrastructure Contributions. 4. THAT Council representatives at these meetings include relevant Wollstonecraft Ward councillors. Background Over the last 7 years Council has undertaken careful planning for St Leonards/Crows Nest and ultimately adopted two Precinct Planning Studies for precincts 1, 2 and 3. Council’s planning for these precincts recognised the State Government’s long held policy to increase residential density and preserve commercial uses in this precinct and the significant development pressures. The Precinct Planning Studies provide for additional density (and therefore yield) to be accompanied by defined public benefits including significant new public open space. The Precinct Planning Studies have been the subject of widespread community consultation and acceptance by both the community and the development industry alike. A number of Planning Proposals and Voluntary Planning Agreements have been made and entered into providing millions of dollars to fund the acquisition of properties for the planned Hume Street Park expansion as well as delivering on upgrades to the public domain along the Pacific Highway. The State Government has announced its commitment to the Sydney Metro with planned new stations at Crows Nest (in Precinct 1) and the North Sydney CBD. Council has commenced detailed and extensive community consultation on planning for the Crows Nest station in order to continue to ensure that any additional density and height (over and above that already envisaged and planned for under Council’s St Leonards/Crows Nest planning studies) is accompanied by defined public benefits to serve the existing and future populations of this area. Recently, the State Government has indicated that it wishes to “value capture” from the sites along the Metro corridor. In particular, it has introduced (at least in public rhetoric) the concept of a State Infrastructure Contribution. Notably,
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the Government has not provided for such a contribution under the existing legislative framework. The SIC is a proposed mechanism for the State Government to receive monies from upzonings around new State infrastructure. Council staff have advised councillors that “the mandate for the SIC comes from in-confidence directions from Premier and Cabinet documents that the Department of Planning and Environment (DPE) rely on, but don’t elaborate on. The preparation of the SIC framework is unknown, as are the timeframes. The imposition of SIC is at the discretion of the DPE but it is not known what the contribution entails, how much it is, where it will be spent, how it is calculated and so on. “ It is clear that the State government intends that the SIC will accompany additional density and the funds will be administered by the State, rather than Council. Tellingly, the State Government has yet to publicly release details of the density it wishes to be achieved/delivered around the new Metro stations. Yet Council has been masterplanning these areas and is able to make a significant contribution to the District Plan. Of greater concern is that even though the SIC is not in place, the potential imposition is hindering Council’s endeavours to deliver on the St Leonards planning studies. The planning changes to effect Hume Street Park are currently on exhibition and Council is moving on the final property acquisition and engaging consultants to prepare a DA for Stage 1 works. For example, Site 1 – 31-33 Albany St The first reference to applying a SIC came in the form of a condition embedded (without notice) in the Gateway Determination for the 31 -33 Albany St, Crows Nest Planning Proposal – a proposal that was willingly embraced by the proponent and Council. Council exhibited this plan and the agreed VPA contribution in the order of $1m is secured. Site 2 - 597 Pacific Hwy In Dec 2015, Council endorsed for exhibition a PP/VPA for the Marco site at 597 Pacific Highway, St Leonards without any consideration of the SIC issue. It is a significant site in terms of density and VPA contributions (approx. $5m) and therefore central to delivering the Hume Street Park vision for Crows Nest. Following on from Council endorsement of the draft VPA, the proponent is now seeking to amend the draft VPA to include provisions for renegotiation should a SIC be imposed at a later stage. Site 3 - 100 Christie Street Site 4 - 619 Pacific Hwy
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Sites 3 and 4 are located closer to St Leonards Railway station. Council has exciting plans being advanced with various parties to deliver on the study intent, i.e. significant community facilities and business HUB type endeavours etc. The significance of these plans are the same as for Site 2 in terms of density and VPAs. In summary, there is a real risk that these development sites will not proceed and deliver the planning outcomes endorsed by Council and as consulted with the community. Over the last 18 months Council has written to the Minister requesting meetings in relation to this Precinct to no avail. It remains an urgent priority for Council and it is vital that Council continue to seek to meet with both the Minister and the Greater Sydney Commission to discuss these issues.
4. NoM04: Notice of Motion No. 27/16 by Cr Reymond - 13/7/16
Re: Renaming Kurraba Point Reserve in honour of former Mayor Royce Jeffrey
1. THAT Council call for a report to look at the naming of the parkland area known as Kurraba Point Reserve, to consider whether some or all of the area or feature within it should be named to honour the former Mayor, Royce Jeffrey (Mayor from 1 December 1964 until his sudden death in office on 14 July 1966) who it is understood at the time was responsible for this area of approximately two and a half acres being acquired for and dedicated as foreshore public open space.
Background According to newspaper reports at the time (SMH 16/11/63 and 6/7/63), the council wanted to acquire this area for public open space. It adjoined an area acquired some time before as open space known as the “Look Out”. Previously this reserve had been purchased in 1929 by the Port Jackson Steamship Company and used as their ferry depot for its harbour ferries. In 1963 the ferry company closed its depot here and put the area up for sale offering it to Council for $260,000, its then estimated “high density housing” value. However the council believed its value was too high. Over the next period there was intense public interest in its acquisition for public parkland. Jeffrey as Mayor began personally lobbying various government Ministers including the Premier and, as a result of his personal and political associations, the Minister for Local Government announced on 8 July 1966 that this area would be acquired as public parkland for the people of Sydney.
5. NoM05: Notice of Motion No. 28/16 by Cr Reymond - 13/7/16
Re: Master plan for undergrounding overhead power and other lines
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1. THAT Council call for a report on Council’s master plan for undergrounding overhead power and other lines within Council’s mixed use and commercial areas with a view to its adoption in Council’s DCP controls.
Background
Council has for at least 12 years or more been actively encouraging the undergrounding of these lines with the active encouragement and agreement of applicants as their removal greatly enhances the streetscape and appearance of areas within which many of these developments are located. If this policy is adopted Council should encourage Ausgrid as part of its approval process with such developments within these area to adopt a similar policy to Council. It is understood that the controls for the St Leonards area already incorporate a suitable provision in this regard.
6. NoM06: Notice of Motion No. 29/16 by Cr Reymond - 13/7/16
Re: Overshadowing elevation plans
1. THAT Council call for a report to consider whether elevation plans showing overshadowing should be submitted with all new major residential developments where such developments cast additional overshadowing over existing residential developments located across a street or beyond even if such additional overshadowing can be determined accurately and taken into account in determining an application.
Background This matter was recently considered during a JRPP hearing.
7. NoM07: Notice of Motion No. 30/16 by Cr Reymond - 13/7/16
Re: Mixed use development reports 1. THAT Council ensure that where appropriate for mixed use developments that a more specific and detailed reference is made to clearly identify that the Apartment Design Guidelines have been complied with, particularly in relation to distances from site boundaries etc.
COUNCIL - 18/7/16 Questions (27)
QUESTIONS WITH NOTICE 3. Q01: By Councillor Reymond – 13/07/16
Re: Development Application reports
In relation to Council’s conditions of consent, can an index of consent conditions be inserted in reports, whether written for internal purposes, the Council, the Independent Planning Panel or any other Panel.
4. Q02: By Councillor Reymond – 13/07/16
Re: Assessment of Development Application
During the assessment of any DA for future applications for commercial, mixed use and residential flat developments, can it be made a mandatory requirement in each assessment that a search has been made of any previous site approvals which may contain relevant conditions still current in such assessment of a current DA for such developments. There have been at least two examples where road dedications were discovered that had not been implemented from approvals granted more than 25 years before.
