Council Chambers 18 June 2015 The 3665 th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 22 June 2015. The agenda is as follows. WARWICK WINN 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 18 June 2015
The 3665th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 22 June 2015. The agenda is as follows.
WARWICK WINN 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
VISITOR
Cr J e ffMORRIS
WOLLSTONECRAFT WARD
DIRECTORCommunity &
Library ServicesMr Martin Ellis
DIRECTOREngineering &
Property ServicesMr Duncan Mitchell
DIRECTOROpen Space &
Environmental Services
Mr Robert Emerson
DIRECTORCity Strategy
Mr Joseph Hill
MANAGER CHIEF OPERATING
OFFICERMr Adrian Panuccio
Cr VéroniqueMARCHANDEAU
TUNKS WARD
Cr Vi rg i n i aBEVAN
VICTORIA WARD
COUNCIL OFFICERS
MAYORCr Jilly GIBSON
PUBLIC GALLERY
DIRECTORCorporate ServicesMr Ross McCreanor
GENERAL MANAGERMr Warwick Winn
Cr M e l i s s aCLARE
WOLLSTONECRAFT WARD
Cr Ste p h e nBARBOUR
CREMORNE WARD
Cr Zo ëBAKER
WOLLSTONECRAFT WARD
Cr M a r y A n nBEREGI
TUNKS WARD
Cr TonyC ARR
VICTORIA WARD
Cr MichelRE YMOND
VICTORIA WARD
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 seven
Councillors. Ordinary Council meetings consider reports from all Divisions of Council.
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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 between Wollstonecraft and Cremorne Ward Councillors. 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.
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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 - 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 7. When all representations have been heard, the Chairperson will ask for a motion to
determine the matter.
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.
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11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes and, as such, every effort is made not to record the addresses from members of the public. The recordings are deleted immediately the Minutes have been adopted by Council. 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.
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: 3665th MEETING OF COUNCIL TO BE HELD ON MONDAY, 22 JUNE
2015
THAT THE MINUTES of the previous 3664th Council Meeting held on Monday, 18 May 2015 be taken as read and confirmed.
DECLARATIONS OF INTEREST
MINUTES OF THE MAYOR
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RESCISSION MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN
25. NoRM01: Notice of Rescission No 7/15 By Councillors Gibson,
Bevan and Burke
THAT the decision of Council at its meeting of 18 May 2015 regarding NoM03: Notice of Motion No. 07/15 by Crs Baker and Beregi Re: General Manager’s Performance Review Panel, where it resolved: 1. THAT Council notes that:
1. Pursuant to the PIO, the Mayor and General Manager are currently in conflict resolution process; and
2. The General Manager’s Performance Review will take place in June 2015.
2. THAT in order to avoid any perceived conflict of interest or bias, that Council requests the Mayor withdraws from the Performance Review Panel for the June 2015 review only. 3. THAT if the Mayor declines to withdraw, Council resolves to replace the Mayor on the General Manager’s Performance Review Panel with Councillor Clare for the June 2015 Performance Review only. 4. THAT immediately following the reporting to Council of the June 2015 Performance Review the General Manager’s Performance Review Panel revert to the current membership being the Mayor, the Deputy Mayor, Councillor Barbour and Councillor Baker. be rescinded
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REPORTS
General Manager’s Office 1. GMO01: Matters Outstanding
Report of Warwick Winn, General Manager A report on the current status of matters arising from Council resolutions up to the meeting of 18 May 2015 is presented. Recommending: 1. THAT the report be received.
2. GMO02: Compliance with Performance Improvement Order
Report of Warwick Winn, General Manager The Minister for Local Government, the Hon Paul Toole, on 9 December 2014 issued the Council with a Performance Improvement Order (PIO) under section 438A of the Local Government Act 1993. This report advises Council’s compliance with the PIO. Expenditure on compliance with the PIO to date is $ 39383.13. This figure does not include final expenditure on the conflict resolution components of the Order. Recommending: 1. THAT a copy of this report be sent to the Minister for Local Government.
Report of Ben Boyd, Executive Strategic Planner On 20 April 2015, Council considered a Planning Proposal (refer to Attachment 1) seeking to amend North Sydney Local Environmental Plan 2103 (NSLEP 2013) as it relates to land located at 75-89 Chandos St, 58-62 Atchison St and 23-35 Atchison St, St Leonards. In particular, the Planning Proposal sought to: rezone: o 87 and 89 Chandos Street, 33-35, 60 and 62 Atchison Street from B4
Mixed Use to RE1 Public Recreation (approximately 2,100sqm); o parts of the road reserve within Atchison Street and Atchison Lane
located directly adjacent to the subject site from B4 Mixed Use to RE1 Public Recreation (approximately 785sqm);
increase the maximum building height: o to 75, 79-81 and 83-85 Chandos Street from 20m to 172m (an 8.6 times
increase); o to 23, 25, 27 and 31 Atchison Street from 20m to 117m (an 5.9 times
increase); and impose a maximum floor space ratio of 8.5:1 across the entire site (representing an approximately 2.8 times increase). Council resolved to defer determining the matter pending the applicant presenting their proposal at a Councillor briefing, which subsequently occurred on 19 May 2015. Prior to Council’s formal consideration of the Planning Proposal, the applicant had lodged a request for a Pre-Gateway Review with the Department of Planning and Environment (DPE) in December 2014. Despite the Planning Proposal remaining undetermined by Council and the Pre-Gateway Review remaining undetermined by the DPE, the applicant lodged an additional submission to the DPE in relation to its request for a pre-Gateway Review in March 2015 which incorporated a revised Planning Proposal. A copy of the applicant’s March 2015 submission was not initially provided to Council. However, the applicant offered to provide Council with a copy of its March 2015 submission to the DPE at the Councillor briefing which was held on 19 May 2015. On 18 May 2015, Council resolved to adopt the St Leonards / Crows Nest Planning Study for Precincts 2 & 3 which affects the desired planning outcomes for the site. An assessment has been undertaken of the applicant’s submission to the DPE and the Planning Proposal’s consistency with adopted Planning Study. This assessment has not resulted in an alteration to the original recommendation of the report considered by Council on 20 April 2015 which is to not support the progression of the Planning Proposal. Consistent with the recommendations to the 20 April 2015 report, it is recommended that the Planning Proposal not be supported to proceed to Gateway Determination for the following reasons:
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insufficient information has been provided to enable a considered assessment; the subject sites are not informed by an adopted strategic direction set by Council; it is inconsistent with many of the desired outcomes and controls proposed under the St Leonards Crows Nest Planning Study for Precincts 2 & 3, including the current and proposed future character of the area; it will result in a reduction of commercial floor space over the site which is inconsistent with Direction 1.1 – Business and Industrial Zones to the s.117 Directions under the Environmental Planning and Assessment Act, 1979. it is not supported by the Commonwealth Department of Infrastructure and Regional Development which is inconsistent with Direction 3.5 – Development near licensed aerodromes to the s.117 Directions under the Environmental Planning and Assessment Act, 1979; it is contrary to meeting a number of objectives and actions under the relevant regional and subregional strategies applying to the land. In particular, the proposal does not: o protect nor promote lands for commercial development within an
important existing Strategic Centre on the Global Economic Corridor nor allow for future growth,
sufficient residential capacity is already provided under NSLEP 2013 to meet State housing targets, without the need to change the land use mix on the subject site; if implemented, it will not enable the concept proposal that accompanies the Planning Proposal to be realised. the concept proposal and proposed amendments to NSLEP 2013 contradict the objectives and intended outcomes of the Planning Proposal; it will result in the isolation of two properties that would be incapable of being developed to their maximum potential under current controls and potential future controls as outlined under the St Leonards/Crows Nest Planning Study for Precincts 2 & 3; and the absence of a Voluntary Planning Agreement which adequately sets out the extent of works to be provided and associated detailed costs of those works. As such, the Planning Proposal is considered to be unsatisfactory and should not be forwarded to the DPE for Gateway Determination. Recommending: 1. THAT Council advise the Department of Planning and Environment that it does not support the Planning Proposal proceeding to Gateway Determination and it be provided with a copy of this report and its determination in support of Council’s position. 2. THAT Council notifies the applicant of Council’s determination in accordance with clause 10A of the Environmental Planning and Assessment Regulations 2000. 3. THAT the applicant be requested to withdraw their Pre Gateway Review request with the Department of Planning and Environment and be subsequently invited to enter negotiations with Council to prepare a masterplan for the site and a new Planning Proposal that is in accordance with the adopted St Leonards Crows Nest Planning Study for Precincts 2 & 3.
Report of Ben Boyd, Executive Strategic Planner On 18 June 2014, Council received a Planning Proposal (refer to Attachment 1) to amend North Sydney Local Environmental Plan 2103 (NSLEP 2013) as it relates to land located at 286-294 Pacific Highway and 79-81 Sinclair Street, Crows Nest. In particular, the Planning Proposal seeks to:
Include a new clause within Schedule 1 - Additional permitted uses, to permit development that is ancillary to uses permitted on land at 286-294 Pacific Highway, Crows Nest with development consent on that part of the site comprising 79-81 Sinclair Street; and
increase the maximum building height from 16m to 65m across the entire site.
Whilst a voluntary planning agreement (VPA) has not been submitted with the Planning Proposal, the applicant has indicated that they would enter into a VPA with Council to ensure unrestricted public access is granted to an area of open space envisaged within the Concept Plan for the site. This report provides a comprehensive assessment of the Planning Proposal to enable Council to formally determine its position. It is recommended that the Planning Proposal not be supported to proceed to Gateway Determination for the following reasons: insufficient information has been provided to enable a considered
assessment; the subject sites are not informed by an adopted strategic direction set by
Council; it has not satisfactorily addressed the relevant s.117 Directions which is
inconsistent with Direction 3.5 - Development near licensed aerodromes to the s.117 Directions under the Environmental Planning and Assessment Act, 1979;
sufficient residential capacity is already provided under NSLEP 2013 to meet State housing targets, without the need to change the land use mix on the subject site;
it is likely to result in an adverse impact on the heritage significance of the item located on the subject site;
the concept proposal has a development yield well beyond an equivalent compliant scheme (approximately double), albeit with the bulk redistributed across the site;
the Concept Plan and proposed amendments to NSLEP 2013 contradict the objectives and intended outcomes of the Planning Proposal;
the absence of a Voluntary Planning Agreement which adequately sets out the extent of works to be provided and associated detailed costs of those works.
The Planning Proposal would represent an unacceptable precedent. As such, the Planning Proposal is unsatisfactory and should not be forwarded to the Department of Planning and Environment for Gateway Determination. Recommending: 1. THAT Council advise the Department of Planning and Environment that it does not support the Planning Proposal proceeding to Gateway Determination
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and it be provided with a copy of this report and its determination in support of Council’s position. 2. THAT Council notifies the applicant of Council’s determination in accordance with clause 10A of the Environmental Planning and Assessment Regulations 2000.
5. CiS03: Brett Whiteley Place - Progression
Report of Duncan Mitchell, Director Engineering and Property Services and Brad Stafford, Senior Strategic Planner - Urban Design At its meeting of 20 April 2015, Council resolved: 1. THAT Council progress the concept plan to the detailed design stage. 2. THAT Council adopt the recommendations made throughout this report and Attachment for incorporation into the detailed design process. 3. THAT Council select an appropriate site (for the doughnut water features) that does not require interim storage. 4. THAT the chosen site pay great respect to Robert Woodward’s original intention. 5. THAT Council find a committed location and timeline for the design and relocation of the heritage GPO column and the three doughnut fountain feature. Staff are working towards implementing the above resolution. This report outlines the key issues that will potentially affect the progression of the Brett Whiteley Place concept plan through to detailed design, development assessment, and construction stages. The proposed budget in draft Delivery Program for this project is for $1.691 million (2014/15 already adopted) an amended budget of $1.0 million in 2015/16 and $3.0 million in 2016/17. Total proposed Project Budget in the draft Delivery Program for this project is $5.69 million. The detailed cost estimates to be undertaken during detailed design will also further inform the budget for this project.
Recommending: 1. THAT the report be noted. 2. THAT Council note the delivery implications associated with the relocation of the existing water features to a suitable alternative site.
6. CiS04 : North Sydney Transport Strategy Inception Report
Report of Nigel Turner, Strategic Transport Planner Transport has emerged as one of the most important urban planning issues facing global Sydney. Recognising this, the attached report presents the intended delivery of the North Sydney Transport Strategy to direct and guide future transport related projects both within and external to Council. The report outlines the objectives, scope and methodology of the proposed Strategy. It includes the Strategy’s relationship with internal transport planning functions as well as its interface with planning work conducted by external transport agencies. North Sydney Council’s current transport functions are coordinated under a variety of strategic transport management and planning policies. Some of
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Council’s older policies date back to 1993 and may not be informed by contemporary transport planning. Transport policy developed since 2013 tends to focus on specific travel modes or geographic locations causing potential for inconsistencies between different policy documents. Similarly, there are a variety of transport related external agencies that shape and influence North Sydney’s transport environment often without the benefit of a holistic and endorsed advocacy position to represent Council. The preparation of a Transport Strategy offers an important opportunity for creating a strong transport agenda within Council, recognising the critical importance of this component of our urban environment in a fast growing city. The project will represent an informed, evidence based, integrated and contemporary Strategy that will be the basis for sound internal decision making and external advocacy. This long term project will include comprehensive internal and external consultation, including briefings with Councillors, to assist in the refinement of the final strategy and ensure wide ranging ownership and support for its objectives. Developing the NSTS and bridging the gap between the CSP vision and practical transport management and planning outcomes, including internal and stakeholder consultation, will be undertaken within existing Strategic Planning budgets. Recommending: 1. THAT Council prepare a North Sydney Transport Strategy. 2. THAT preparation of a North Sydney Transport Strategy be included within the delivery program.
7. CiS05 : WestConnex and the Western Harbour Road Tunnel
Report of Nigel Turner, Strategic Transport Planner In 2012, Transport for New South Wales announced its Long Term Transport Master Plan (LTTMP). This included the formation of a Sydney Motorways Project Office (SMPO) to progress the planning and delivery of WestConnex, a $10 billion suite of motorway projects to reduce vehicle based travel times between central and western Sydney. In September 2013, a preliminary business case for WestConnex was released by the WestConnex Development Authority (WDA), an amalgamation of the SMPO and industry partners. The preliminary business case did not identify the northern extension to WestConnex Stage 3 or the western harbour road tunnel as part of the project and provided no traffic modelling or environmental impact assessment even for the elements of the project that were identified. In June 2014, the NSW Government released “Rebuilding NSW”, which included changes to the LTTMP and an additional $1.1 billion allocated to new northern and southern extensions to WestConnex Stage 3 and a proposed western harbour road tunnel. The additional $1.1billion will not fully fund the construction of these new elements of the WestConnex project, with preliminary estimates suggesting that the western harbour road tunnel alone will cost somewhere in the order of $4.5 billion to build. A review of the original business case to include the Stage 3 northern extension and the western harbour road tunnel was
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announced in May 2015; Infrastructure NSW recommended completion of final business cases by the end of 2015. As described in the original business case, the WestConnex project had little direct impact on the North Sydney transport network, with concerns for the significant opportunity cost of the project being the only matter of strategic interest for Council to consider. The more recently introduced northern extension and western harbour road tunnel, however, have the potential to significantly impact North Sydney communities and the transport networks that they rely on. These impacts would be inconsistent with council’s vision for transport in North Sydney and have the potential to reverse any gains made in promoting walking, cycling and the use of public transport over more car dependent life-style choices. A broad analysis of the potential impacts that WestConnex, the Stage 3 northern extension and the western harbor tunnel might have on the North Sydney community is provided in this report. Recommending: 1. THAT Council write to the NSW Premier, the Minister for Transport and Infrastructure and the Minister for Roads, Maritime and Freight expressing its concerns regarding the WestConnex project, particularly in relation to the lost opportunity that the project represents in terms of funding a world class public transport network for global Sydney. 2. THAT Council request that the preliminary business case for WestConnex Stage 3’s northern extension and the western harbour tunnel, as announced in June 2014, be submitted to Council for its consideration. 3. THAT Council request that the full business case for WestConnex, WestConnex Stage 3’s northern extension and the western harbour road tunnel be sent to Council as soon as it is available. 4. THAT Council acknowledges that it has not received briefing material on any future western harbour road tunnel. Depending on these details, Council reserves the right to express concern regarding the potential impacts that this project might have on community well being, the environment, health, safety, congestion and the cost of living and doing business in North Sydney.
8. CiS06 : Governance Model for Sub Regional Planning
Report of Marcelo Occhiuzzi, Manager Strategic Planning The Department of Planning and Environment is currently facilitating the preparation of the Northern Subregional Plan which will be a broad strategic planning instrument that manages and guides future growth and development in North Sydney and other northern Councils. Key to the subregional planning process is the governance arrangements to bring subregional plans into force. When the Metropolitan Plan for Sydney (“A Plan for Growing Sydney”) was released in December 2014, it included the creation of a Greater Sydney Commission (GSC) to oversee the implementation of the Plan as well as Local Advisory Committees (LAC) to represent each of the six subregions in the preparation of the subregional plans. At its meeting on 20 April 2015, Council received a report regarding proposed governance models tabled at a joint NSROC and SHOROC meeting of Mayors
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and General Managers on 19 March 2015. This essentially dealt with membership and composition of the GSC and LAC. At its meeting of 14 May 2015, the NSROC Board further resolved to support the position taken by the joint NSROC and SHOROC meeting of Mayors and General Managers, endorsing the Mayor (or the Mayor’s delegate) as Council’s representative on the LAC and that the LAC itself choose a representative to participate in the GSC on behalf of the Northern subregion. NSROC has written to Council on 18 May 2015 (attached), seeking consideration on the position it has adopted. This report provides the basis for Council to respond to these resolutions. Recommending: 1. THAT in relation to the NSROC resolution of 14 May 2015 regarding the subregional governance model, Council broadly supports the model adopted. 2. THAT North Sydney Council reserves the right to, if considered necessary, engage directly with any new body such as the GSC in order to address issues of specific interest to the LGA. 3. THAT North Sydney Council request that NSROC circulate to all NSROC Councils any updates associated with the emerging governance issues confronting subregional planning, in particular any responses from the NSW Government or Department of Planning and Environment.
9. CiS07: Scores on Doors Program for Food Shops
Report of Fiona Mulcahy, Team Leader Environmental Health The Scores on Doors program has been implemented in NSW for 3 - 4 years now. It has been taken up by thirty-two Council’s across NSW and it is anticipated that more Councils will take up the program in the next Financial Year. The aim of the program is to enable participating food businesses that comply with food safety legislation to show off their good food safety record. While there are some perceived flaws with the program, the current model is improved from what it was originally in 2010. Under the Food Regulation Partnership between the NSW Food Authority (NSWFA) and all 152 NSW Councils, an activities report is required to be submitted to the NSWFA at the end of each financial year outlining the Councils’ activities with regard to food shop inspections, regulatory action taken, complaints investigated and other items as specified by the NSWFA. Advice from NSWFA is that for the 2015/16 financial years’ reporting, Council’s will be required to provide statistics based on the Scores on Doors scoring system as part of the annual activities report. The financial implications are outlined within the report. At this time it is difficult to put an absolute monetary figure on the expected costs associated with participating in the program. As outlined in the body of this report it is estimated that the cost to Council, to participate in the Scores on Doors program for the 2016/17 Financial Year would be in the region of $18,360 to $30,560 Recommending: 1. THAT the Scores on Doors inspection process and associated scoring be utilised for the 2015/16 Financial Year.
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2. THAT North Sydney Council budget to participate in the Scores on Doors program for the 2016/17 Financial Year as described in Option 2 of the Financial Implications component of this report.
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Community & Library Services Division
***
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Corporate Services Division 10. CoS01: Investments Held as at 31 May 2015
Report of Garry Ross, Financial Services Manager This report provides details of the performance of Council’s investment portfolio for the month of May 2015. The portfolio provided an annualised return of 4.39% for the year to date as at 31 May 2015, 1.75% above the reportable benchmark (BBSW Bank Bill Index). Interest returns for the month ended 31 May 2015 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. The 2014/15 budget estimates for returns from Council’s investment portfolio have been reviewed in the March Quarterly Budget Review. Recommending: 1. THAT the report be received.
Report of Garry Ross, Financial Services Manager This report presents the actions arising from the Workshop held on 2 June 2015. Actions arising will addressed at the next Workshop. Recommending: 1. THAT the summary of actions arising from the Councillor Workshop - Finance held on 2 June 2015 be noted.
12. CoS03: Amended Councillor Access to Information and
Interaction with Staff Policy
Ian Curry, Manager Governance and Committee Services Council’s Councillor Access to Information & Interaction with Staff Policy was last reviewed in September 2014. This report proposes amendments to the policy so that new provisions largely replicate those in the Code of Conduct - Councillors and Staff and also reflect the physical separation of the General Manager’s Office and the Mayor’s Executive area, which is consistent with the provisions of the code. As application of this policy relates only to Councillors and Staff, external (community) consultation (i.e. public exhibition) is not required. Recommending: 1. THAT Council adopt the amended Councillor Access to Information and Interaction with Staff Policy.
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13. CoS04: Personnel Matters
Report of Adrian Panuccio, Chief Operating Officer The purpose of this report is for the Council to consider personnel matters. It will be necessary for Council to close the meeting to the public to consider the matter. Recommending: 1. THAT Council close the meeting to the public pursuant to sections 10A(1) and 10A(2)(a) of the Local Government Act 1993 to consider personnel matters.
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Engineering & Property Services Division 14. EPS01: Submission of tenders for the Contract 32/2015 -
Installation of Traffic Control Lights, North Sydney CBD
Report of Ashraf Doureihi, Engineering Project Manager Tenders were called and were received until 4pm on 11 February 2015 for the submission of tenders for the installation of traffic control lights in the CBD. 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 is included in the revised four year delivery program adopted by Council on 18 May 2015. Recommeding: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 32/2015 - Installation of Traffic Control Lights, North Sydney CBD. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 32/2015 under the signature of the Mayor and the General Manager. 3. THAT, once Council has executed the Contract, information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.
15. EPS02: Submission of tenders for the Contract 35/2015 -
Ausgrid Light Poles Decommissioning Works
Report of Ashraf Doureihi, Engineering Project Manager Tenders were called and were received until 4pm on 19 March 2015 for the decommissioning of the Ausgrid light poles in the CBD. 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 included in the revised four year delivery program adopted by Council on 18 May 2015. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 35/2015 - Ausgrid Light Poles Decommissioning Works. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 35/2015 under the signature of the Mayor and the General Manager. 3. THAT, once Council has executed the Contract, information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.
16. EPS03: Council Owned/Leased Properties: Leasing
Transactions
Report of Risha Joseph, Property Officer
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A report is submitted regarding the leasing transactions for Council’s owned and leased properties, for the period ending 10 June 2015. Rental income to Council will be received in the Property Budget. Recommending: 1. THAT Council notes the leasing transactions, which are detailed in Attachment A of this report. 2. THAT Council hereby authorises its Official Seal to be affixed to the legal instruments necessary to implement the proposed leasing transactions, which is noted in “Attachment A” of this report, under the signature of the Mayor and the General Manager.
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Open Space & Environmental Services Division 17. OSE01: Fencing Ilbery Reserve
Melissa McManus, Parks Department Technical Officer At its meeting of 16 March 2015, Council considered a report that detailed the results of community consultation regarding proposed upgrading of Ilbery Reserve Playground and resolved (Min No.74): THAT Council install fencing around the perimeter and gates in appropriate locations of Ilbery Reserve and allocate the appropriate budget. This report details the issues, options and costs of installing perimeter fencing around Ilbery Reserve so that Council may allocate appropriate funding. $80,000 is allocated to the upgrade of the playground in the 2014/15 budget. Installation of fencing around its perimeter will require the allocation of an additional $40,000 to $70,000 depending on the style chosen. Should a retaining wall need to be constructed, a further $50,000 would be required. The funds required can be sourced from the Capital Works Reserve. However, this will reduce the level of funding available for emergency works and future projects not currently included in the Long Term Financial Plan. Recommending: 1. THAT Council decide whether to position the fence on the existing retaining wall or to build a new retaining wall on the true boundary and position the boundary fence on the true boundary. 2. THAT Council allocate an appropriate sum to construct a perimeter fence around Ilbery Reserve. 3. THAT Council undertake community consultation in accordance with Council’s community engagement protocol.
18. OSE02: Draft Plan of Management for North Sydney Oval - Post Exhibition
Megan White, Landscape Planner North Sydney Council’s Plans of Management are strategic documents that provide a consistent and useable set of guidelines for the effective short and long-term management of all open space owned or under the care, control and management of North Sydney Council. A new draft Plan of Management for North Sydney Oval has now been prepared; superseding Council’s Plan of Management for North Sydney Oval 2007. The new draft Plan of Management for North Sydney Oval was completed in March 2014. Public exhibition of the draft document was widely advertised, and known stakeholders were also informed that a new draft Plan was available for comment. The public submission period ran from 23 March until 8 May 2015. Three written submissions were received. This report sets out the content of these submissions and the alterations it is proposed to make to the Plan of Management as a result.
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This report also documents major works carried out at North Sydney Oval since the preparation of the previous Plan of Management in 2007. It sets out the key features of the new draft Plan of Management and lists the major projects to be undertaken in coming years. Recommending: 1. THAT Council formally adopts the draft Plan of Management for North Sydney Oval.
19. OSE03: Draft Plan of Management for Forsyth Park - Post
Exhibition
Megan White, Landscape Planner North Sydney Council’s Plans of Management are strategic documents that provide a consistent and useable set of guidelines for the effective short and long-term management of all open space owned or under the care, control and management of North Sydney Council. A new draft Plan of Management for Forsyth Park has now been prepared; superseding Council’s Plan of Management for Forsyth Park 2008. The new draft Plan of Management for Forsyth Park was completed in March 2015. Public exhibition of the draft document was widely advertised, and known stakeholders were also informed that a new draft Plan was available for comment. The public submission period ran from 23 March until 8 May 2015. Two written submissions were received. This report sets out the content of these submissions and the alterations it is proposed to make to the Plan of Management as a result. This report also documents major works carried out in Forsyth Park since the preparation of the previous Plan of Management in 2008. It sets out the key features of the new draft Plan of Management and lists the major projects to be undertaken in coming years. Recommending: 1. THAT Council formally adopts the draft Plan of Management for Forsyth Park.
20. OSE04: Quibaree Park Landscape and Lighting Upgrade -
Tender 43/2015
Alicja Batorowicz, Landscape Projects Coordinator Tenders were called and were received until 3 pm on Tuesday, 28 April 2015 for the submission of tenders to undertake Quibaree Park Landscape and Lighting Upgrade. In order for Councillors to discuss the contact of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Additional funding of $59,000 is required for this project. Additional funds $59,000 required to complete the project to be made available from left over budget currently (2014/15) set aside for the Quibaree Park Amenity Block Upgrade. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender
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43/2015 for Quibaree Park Landscape and Lighting Upgrade. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 43/2015 under the signature of the Mayor and the General Manager. 3. THAT once Council has executed the Contract, information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.
21. OSE05: Outdoor Fitness Equipment
Melissa McManus, Parks Department Technical Officer In accordance with the North Sydney Council Delivery Program, outdoor fitness equipment has been planned for Waverton Park, Waverton and Green Park, Cammeray. Concept plans were developed and community consultation undertaken. This report details the results of the consultation and the works proposed to be undertaken. Recommending: 1. THAT Council enters into a contract with the preferred local government contract company to supply and install outdoor fitness equipment in accordance with the specifications. 2. THAT Council carry forward the allocated funding for this project to the 2015/16 budget.
22. OSE06: Participation in Community Recycling Centre (CRC)
Bo Karaula, Executive Environmental Health Surveyor The Community Recycling Centre Report was considered at the last Council meeting in May 2015 where it was resolved (Min No. 159) that the matter be deferred to a discussion between Councillors, the General Manager and relevant staff at a briefing held on 19 May. At the briefing it was agreed North Sydney Council should be responsible for the day to day management and operation of the CRC for and on behalf of the participating NSROC Member Councils. The proposal that North Sydney Council operate the CRC was put to a subsequent GMAC meeting without opposition from the other NSROC General Managers. It is recommended that North Sydney Council proceed to work in partnership with the alliance to set up a Community Recycling Centre based in Artarmon and that Council be responsible for the management and operation of the facility. This regional approach will ensure safe and easy disposal of household problem waste. The financial implications on the Domestic Waste Management budget from 2014/15 to 30 June 2017 are outlined within the report. Recommending: 1. THAT Council resolves to establish a Community Recycling Centre (CRC) in alliance with Willoughby City Council, Hunter’s Hill Council, Lane Cove Council and City of Ryde Council. 2. THAT Council resolves it shall be responsible for the day to day management and operation of the CRC for and on behalf of the participating NSROC Member Councils.
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3. THAT Council hereby authorises its Official Seal to be affixed to the Deed under signature of the Mayor and the General Manager. 4. THAT Council resolves to nominate a North Sydney Council representative for the Committee of Management.
23. OSE07: Response to Notice of Motion No 06/15 regarding
Waste Services and Recycling Education Campaign
Bo Karaula, Executive Environmental Health Surveyor The report outlines Council’s approach to educating the community about Council’s Waste and Recycling Services and the issue of illegally dumped waste, in response to a Notice of Motion from Cr Beregi. Recommending: 1. THAT the report on community education about Councils Waste and Recycling Services and illegally dumped waste be received and noted.
24. OSE08: Greenhouse Action and Water Management Plan
2015-2020 - Post exhibition
Niki Carey, Senior Sustainability Programs Coordinator North Sydney Council's Greenhouse Action and Water Management Plan 2015-2020 will inform a number of activities within Council’s Delivery Plan and its Environmental Levy Program, as well as helping to attract funding from State and Federal Government grant programs. It replaces Council’s Greenhouse Action Plan 2010-2015 and Water Management Plan 2010-2015, which are due to expire on 30 June 2015. The updated plan will help inform Council’s energy and water efficiency strategies and funding priorities to 2020. It identifies opportunities for Council to reduce its energy and water costs and achieve its operational and community water and greenhouse gas reduction targets to 2020. It also provides an update on Council’s progress over the last 4 years towards achieving these targets and provides direction on future targets for Council to consider. The plan was developed by the consultancy Energetics using a consultative approach involving the community, Councillors, the Environment Reference Group and Council staff. Energetics presented an outline of the major features of the document at a Councillor briefing session on 15 September 2014. On 13 October 2014 Council received the consultation draft which was exhibited for 30 days from 16 October to 14 November 2014. No further comments were received during this consultation period. The plan has since been refined and is now ready to be adopted as a consultant report to advise Council’s energy and water management actions and strategies going forward. This report provides an overview of the plan and of the refinements that have been made since the public consultation period. Funding for the development of this plan was included in the 2014/15 Environmental Levy budget. Funding for the implementation this plan has been allocated in the 2015-2020 Environmental Levy budget. Recommending:
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1. THAT Council adopts the Greenhouse Action and Water Management Plan 2015-2020 as a consultant report to advise Council’s energy and water management actions and strategies. 2. THAT Council adopts a new Community greenhouse gas emission target of 15% of 1996 baseline levels by 2020 in line with the consultants’ recommendations. 3. THAT Council adopts a new Community water reduction target of 10% of 2001/02 baseline levels by 2020 in line with the consultants’ recommendations. 4.THAT Council defers adopting new 2030 Council greenhouse gas emission and water reduction targets until 2020 when the Greenhouse Action and Water Management Plan 2015-2020 plan is due for revision.
25. OSE09: Debrief Report – North Sydney Leaisure and Lifestyle Festival
Report of Rob Emerson, Director Open Space and Environmental Services Following a Notice of Motion Cr Beregi, Council at its meeting on 16 March 2015 resolved (Min. No. 77) 1. THAT Council call for a comprehensive report on the North Sydney Leisure and Lifestyle Festival held in and around North Sydney Oval from 5-7 February 2015 ensuring that the report incorporates an itemized breakdown by event (Bose Youth Eisteddfod, Celebrity Cricket Match, Concert, Mayoral/Festival Ball, Fitness Class, Food and Wine Festival, Rebel Run, Spartan Kids race, Sports, the Hub, etc) including financials, all correspondence between Council/Councillors and Harte International (or its representative/sponsor/third party), feedback from third parties/sponsors involved in the event and the cost to Council (financial and Council staff time). 2. THAT Council also call for a similar report on the Party in the Park event. The cost implications for the Council hosting this event was minimal compared to the positive community value it provided. Recommending: 1. THAT the report be received.
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PETITIONS
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CORRESPONDENCE
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MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN
26. NoM01: Notice of Motion No. 09/15 by Cr Baker - 2/06/15
Re: Interim Heritage Order - ‘Lansdowne’, 3 Anderson Street, Neutral Bay 1. THAT Council engage a suitably qualified heritage expert to prepare a report on the heritage significance of ‘Lansdowne’, 3 Anderson Street, Neutral Bay in order to inform the making of any heritage order in relation to the site. 2.THAT following receipt of expert heritage advice recommending that ‘Lansdowne’, 3 Anderson Street, Neutral Bay be listed as an item of local or State heritage, Council undertake all necessary steps to amend North Sydney LEP 2013 to list the site as an heritage item. Background On 21 May 2015 an Interim Heritage Order was gazetted in respect of “Lansdowne”, 3 Anderson Street Neutral Bay. The Interim Heritage Order took effect on the date of publication of the order in the Government Gazette and remains in force for 12 months, unless a shorter period has been specified. It is, therefore, important that Council commence any investigation into the heritage significance of the site and undertake any necessary steps to ensure that the site is listed as an item of heritage significance as soon as practicable.
27. NoM02: Notice of Motion No. 10/15 by Cr Beregi - 9/06/15
Re: Parks and Leisure Australia Awards of Excellence 2015 State Awards (NSW/ACT) 1. THAT Council congratulate and recognise the Directors and staff involved in the design and construction of:
Berry Island Reserve; Wollstonecraft Station Park; Brightmore Reserve Tricycle Track Upgrade; as well as the Streets Alive Program,
for winning awards in two significant categories in the State Awards: Parks and Leisure Awards of Excellence 2015. Background The State Awards were held on Thursday 28 May. North Sydney Council has received accolades in two significant categories including:
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the Award for Playspace (minor <$0.5m) for the design and construction of three playspaces for less than $0.5m and the Award for Inclusive and Connected Communities for our Streets Alive in North Sydney Programs. The three playspaces included in the competition entry were constructed over the 2014 financial year and were: Berry Island Reserve, Wollstonecraft Station Park Playground and Brightmore Tricycle Track upgrade. Comments were made on the Council’s achievement in developing three stimulating and exciting playspaces for the budget of less than $0.5M. The factor contributing to Council’s win in the Inclusive and Connected Communities was the successful focus that the Street Alive programs have in engaging a broad range of community members at a street level and addressing some of the challenges of living in a highly urbanised area by creating opportunities to overcome social isolation in an active manner. The entries are submitted online and strict word limits apply to each of the criteria. The responses provided, together with some of the images used to illustrate the projects, are attached for Councillor information. The award entries are assessed by out of state judges and represent an extremely high standard of achievement against a very competitive field. These two submissions will now be automatically entered in the National Awards for consideration later in the year.
28. NoM03: Notice of Motion No. 11/15 by Cr Beregi - 17/06/15
Re: Australian Local Government Association Conference Motion
THAT Council acknowledge that the motion proposed by Council to the recent Australian Local Government Association Conference held in Canberra from 14-17 June 2015, where Council moved that: 1. THAT ALGA strongly support the position of LGNSW that there be no forced council amalgamations. 2. That ALGA take the position that forced council amalgamations are an assault on democracy. 3. That ALGA take the position that prior to any Council merger (in any State or Territory), that referenda be undertaken within the proposed merger areas, with a majority yes vote being required by each area before any merger can proceed. 4. THAT ALGA write to all State Premiers/Chief Minister and State and Territory Ministers for Local Government advising them of ALGA’s position, and seeking their concurrence. was formally adopted with an additional point that: THAT ALGA work with LGNSW and NSW Councils to ensure that forced amalgamations in NSW do not occur.
