Council Chambers
13 August 2015
The 3668th
MEETING of COUNCIL will be held at the Council Chambers, North Sydney at
7.00pm on Monday, 17 August 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
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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 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
7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter. 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
COUNCIL MEETINGS
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TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Barbour,
Morris, Clare, Baker, Marchandeau, Beregi.
SUBJECT: 3668th
MEETING OF COUNCIL TO BE HELD ON MONDAY, 17
AUGUST 2015
THAT THE MINUTES of the previous 3667th
Council Meeting held on
Monday, 20 July 2015 be taken as read and confirmed.
DECLARATIONS OF INTEREST
MINUTES OF THE MAYOR
COUNCIL - 17/08/15 NoR (2)
RESCISSION MOTIONS OF WHICH
DUE NOTICE HAS BEEN GIVEN
1. NoRM01: Notice of Rescission No 9/15 By Councillors Baker,
Beregi and Morris
THAT the decision of Council at its meeting of 20 July 2015 regarding CiS 01
Woolcott Avenue, Waverton, where it resolved:
1. THAT Council notes the assessment and recommendations of the external
consultant town planner, Ingham Planning Pty Ltd, which has had regard for the
relevant considerations under S.79C of the Environmental Planning and
Assessment Act 1979.
2. THAT Council grants land owner's consent such that it can consider
determining the Development Application (DA79/15).
3. THAT subject to land owner‟s consent being granted as per Recommendation
2, Council determines the development application.
4. THAT the lease incorporate Conditions as outlined by Councillor Carr.
be rescinded
If sucessful, we intend to move the following motion:
1. THAT prior to the consideration of the DA, Council seek further legal advice
as to its power to validly grant or to proceed with a lease under the Roads Act
where structures that are clearly not temporary or easily demolished are
envisaged by the Lessee and where existing public use of the subject land is being
disregarded.
2. THAT Council refer DA79/15 to the North Sydney Independent Planning
Panel in order to ensure that any decision on this matter is made at arm‟s length
from the elected body.
3.THAT should the NSIPP be minded to approve the development application,
Council grant landowner‟s consent and this be delegated to the General Manager
to provide.
4. THAT the NSIPP have regard to the precedent of alienating public open space
for a limited private purpose in its consideration of the development application.
COUNCIL – 17/08/15 GMO (3)
REPORTS
General Manager‟s Office
2. 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 20 July 2015 is presented.
Recommending:
1. THAT the report be received.
3. GMO02: Investigation Report
Report of Adrian Panuccio, Chief Operating Officer
To present the Investigation Report in response to the Council resolution of 18
May 2015.
Recommending:
1. THAT Council close the meeting to the public pursuant to sections 10A(1) and
10A(2)(i) of the Local Government Act 1993 to consider information concerning
a potential code of conduct matter.
4. GMO03: Election of Deputy Mayor - Call for Nominations
Report of Ian Curry, Manager Governance and Committee Services
In accordance with Section 14 of Council‟s Code of Meeting Principles and
Practices, the election of the Deputy Mayor (for the period from 1 October 2015
to 30 September 2016) will take place at the Council meeting to be held on
Monday 21 September 2015.
Councillors are asked to complete the nomination form attached to this report and
return it to the General Manager by 12pm on Friday 11 September 2015.
In line with Council‟s policy of open government, elections shall be conducted by
open voting unless, at the meeting in which the election is to take place, Council
resolves to hold a secret ballot. Should the Council resolve to hold a ballot, ballot
papers will be distributed to Councillors. The ballot shall be conducted in
accordance with Schedule 7 Part 2 of the Local Government (General) Regulation
2005.
Recommending:
1. THAT Council note that the election for the position of Deputy Mayor, for the
period of 1 October 2015 to 30 September 2016, will take place at the Council
meeting to be held on Monday 21 September 2015.
5. GMO04: Future Management of North Sydney Oval
Report of Peter Coulton, Project Planning Officer
COUNCIL – 17/08/15 GMO (4)
This report provides an update on planning for the future management of the
North Sydney Oval.
The budget components for the various parts of the North Sydney Oval outlined
in the report are already in place. Adjustments will be made within the general
ledger to reflect the new arrangements however additional funds will be required
for engaging relevant consultancies and administrative support in the order of
$100,000. Funding can be made available from the Capital Works Reserve.
Recommending:
1. THAT Council notes that North Sydney Oval will be transitioned into a
separate business unit.
COUNCIL – 17/08/15 CiS(5)
City Strategy Division
6. CiS01: Biannual Review of the Delivery Program 2013/14-
2016/17 for the period 1 January - 30 June 2015
Report of Warwick Winn, General Manager
This is the second Biannual Review presented to Council on progress to deliver
the second year (2014/15) of the Delivery Program 2013/14-2016/17.
The report includes information in summary and in detail on progress to deliver
the Delivery Program 2013/14-2016/17 and Council’s progress towards the
outcomes in the Community Strategic Plan 2013-2023.
The Biannual Review shows that performance against the Community Strategic
Plan for the year to date is on track at 99%.
A verbal presentation on the Biannual Review was provided to councillors at the
Councillor Workshop - Finance on 4 August 2015.
Recommending:
1. THAT the Biannual Review of the Delivery Program 2013/14-2016/17 for the
period 1 January-30 June 2015 be received.
2. THAT Council notes the remedial action for those activities that were not on
track for the period ending 30 June 2015, as outlined in the Biannual Review
attached.
3. THAT incomplete activities due to be completed by 30 June 2015 be rolled
over to the Operational Plan 2015/16.
4. THAT Council resolve to amend the Delivery Program 2013/14-2016/17 and
Resourcing Strategy 2013-2023 accordingly.
7. CiS02: Planning Proposal - Elevation of Heritage Controls
Report of Katerina Pikoulas, Student Strategic Planner
On 16 March 2015, Council resolved to prepare a Planning Proposal to amend
North Sydney Local Environmental Plan 2013 (NSLEP 2013), such that it
incorporates provisions similar to NSLEP 2001, which would ensure that heritage
provisions prevail over all other provisions in the LEP. Council also resolved to
seek support with Local Government New South Wales (LGNSW) and other
metropolitan councils with significant heritage issues in endorsing Council’s
position, and to lobby the NSW Government to allow councils to amend their
Standard Instrument (SI) LEPs, similar to that being proposed by Council.
On 20 April 2015, Council resolved to adopt a Planning Proposal in accordance
with Council’s resolution of 16 March 2015, and forward it to the Minister for
Planning requesting a Gateway Determination.
A Gateway Determination was issued on 3 July 2015 stating that the Planning
Proposal should not proceed because:
It is contrary to the Standard Instrument (Local Environmental Plans)
Order 2006;
The need for the planning proposal is not apparent;
Will result in a more complicated and costly planning process for
applicants;
COUNCIL – 17/08/15 CiS(6)
applicants;
Is unjustifiably inconsistent with section 117 Direction 3.1 Residential
Zones
On 5 May 2015, Council forwarded letters to LGNSW and other metropolitan
councils in accordance with the resolution of 16 March 2015. Council has only
received a single formal response to its letter. The response was received from
Mosman Council who declined to support Council‟s position. Whilst not in
receipt of any other formal responses, telephone conversations with Policy
Officers from LGNSW and Council Officers from Waverley, Woollahra,
Leichhardt and Hunters Hill verbally indicated that they were unlikely to support
Council‟s position.
Recommending:
1. THAT the report be received.
8. CiS03: Planning Proposal - „Restaurants or Cafes‟ in RE1
Zone
Katerina Pikoulas - Student Strategic Planner
In December 2013, Council‟s Engineering and Property Services (EPS) was
approached by the business owner of a café at May Gibbs Place in Neutral Bay
with regards to obtaining approval to undertake ‘outdoor dining’ within the
public plaza located adjacent to their cafe. All land comprising May Gibbs Place
is zoned RE1 Public Recreation. ‘Outdoor dining’ is an ancillary activity to a
‘restaurant or cafe,’ which is a prohibited use within the RE1 Public Recreation
zone.
In response to this query, City Strategy (CIS) has investigated the matter and
found that there are various public plazas located within road reserves that are
zoned RE1 Public Recreation, but may quite reasonably accommodate ‘outdoor
dining’ to activate and enliven these urban spaces. The review highlighted the
unreasonable restriction placed on ‘outdoor dining’ activities in seven road
reserves, which function as active plazas as opposed to passive recreational
spaces. They include:
Brett Whitely Place, North Sydney;
Cremorne Garden Plaza, Cremorne;
Ernest Place, Crows Nest;
May Gibbs Place, Neutral Bay;
Mitchell Street Plaza, St Leonards;
Langley Place, Cremorne; and
St Peters Park, North Sydney
The review has also identified the desire to provide additional flexibility to
enable Council to respond to future development scenarios concerning its parks
and reserves. It is important to bear in mind that whilst the proposed amendment
makes ‘restaurants or cafes’ permissible on all land zoned RE1 Public
Recreation, it will not necessarily result in the approval of such uses anywhere in
the zone. Ultimately, Council would need to weigh up the merits of proposals
against the provisions of NSLEP 2013 that relate to the RE1 zone and any
relevant Plan of Management, and determine whether to even issue owners
consent for the lodgment of a Development Application. In addition, Council‟s
COUNCIL – 17/08/15 CiS(7)
Plans of Management are very restrictive and any change to them would require
public consultation and endorsement by Council. Accordingly, the proposed
amendment simply provides the legal potential for such uses to occur within the
zone where they are considered reasonable and will not result in the proliferation
of ‘restaurants or cafes’ throughout Council‟s parks and reserves.
Furthermore, the amendment will result in the continuation of a previously
endorsed policy position of Council, which applied under NSLEP 2001.
A Planning Proposal has now been prepared to amend NSLEP 2013 by including
„restaurants or cafes’ as a permissible use within the Land Use Table to RE1
Public Recreation zone. This amendment would ensure the permissibility of
‘outdoor dining’ on all road reserves zoned RE1 Public Recreation under the
NSLEP 2013 and provide increased flexibility in the use of Council‟s parks and
reserves zoned RE1 Public Recreation.
The Planning Proposal:
Generally complies with the relevant Local Environmental Plan making
provisions under the Environmental Planning & Assessment Act 1979;
Generally complies with the Department of Planning‟s ‘A guide to
preparing planning proposals’ (October 2012); and
Is unlikely to result in any adverse impacts on the environment or wider
community
Recommending:
1. THAT Council resolves to adopt the attached Planning Proposal and forward it
to the Minister for Planning in order to receive a Gateway Determination in
accordance with Section 56 of the Environmental Planning and Assessment Act,
1979.
2. THAT Council requests the Minister for Planning to provide Authorisation to
Council to exercise the delegation of the Minister for Planning to make the Plan.
9. CiS04: Post Gazettal Report - NSLEP 2013 Amendment No.9
(200-220 Pacific Highway, Crows Nest)
Report of Ben Boyd, Executive Strategic Planner
On 2 December 2014, Council resolved to forward a Planning Proposal relating to
land at 200-220 Pacific Highway Crows Nest to the Minister for Planning with a
request for a Gateway Determination. In particular, the Planning Proposal sought
to amend the non-residential floor space ratio (FSR) range requirements of North
Sydney Local Environmental Plan 2013 from part 0.5:1 - 2:1 to 0.24:1 - 2:1.
The Minister for Planning subsequently issued a Gateway Determination
requiring the Planning Proposal be placed on public exhibition for a minimum of
14 days. The public exhibition took place from Thursday 19 February 2015 to
Wednesday 4 March 2015.
On 20 April 2015, Council considered a post exhibition report that addressed the
submissions received during the public exhibition. Council resolved to adopt the
Planning Proposal unamended, and proceed with the making of a Local
Environmental Plan.
The Planning Proposal was forwarded to the Department of Planning and
Environment on 28 July 2015, with a request that the plan be formally made.
COUNCIL – 17/08/15 CiS(8)
NSLEP 2013 (Amendment No. 9) gives effect to the Planning Proposal and is
now in force following its publication on the NSW legislation website on 31 July
2015.
This report is for the information of Councillors.
Recommending:
1. THAT Council receive the report.
10. CiS05: Heritage Assessment of 3 Anderson Street, Neutral
Bay and associated Planning Proposal
Report of Ben Boyd, Executive Strategic Planner
On 20 March 2015, an Interim Heritage Order (IHO) was placed over 3 Anderson
Street, Neutral Bay by the Minister for Heritage. The placement of the IHO over
the property arose from community concern during the assessment of
development application DA192/14 which sought to demolish the dwellings at 3
Anderson Street and 3 Raymond Road and construct a stepped 4-storey
residential flat building across both sites containing 13 apartments above
basement parking. In issuing the IHO, the Minister for Heritage also required
Council to obtain a heritage report supporting the view that 3 Anderson Street,
Neutral Bay is of local heritage significance within 5 months of the IHO being
issued, otherwise he would revoke the IHO.
In response to the imposition of the IHO, Council engaged Clive Lucas Stapleton
and Partners on 4 June 2015 to undertake a heritage assessment of the subject
property to determine if it satisfied the relevant State Heritage Inventory criteria
for heritage listing and thereby warranted a listing as a heritage item under North
Sydney Local Environmental Plan 2013 (NSLEP 2013).
On 11 August 2015, Council received a completed Assessment of Heritage
Significance (refer to Attachment 1) from Clive Lucas Stapleton and Partners
which concluded that 3 Anderson Street, Neutral Bay satisfied the relevant State
Heritage Inventory criteria for heritage listing and recommended that it be
included as an item of local heritage significance in Schedule 5 of the NSLEP
2013.
In accordance with the recommendations of the heritage assessment, a Planning
Proposal (refer to Attachment 2) has been prepared that seeks to amend NSLEP
2013 by including 3 Anderson Street, Neutral Bay as a heritage item within
Schedule 5 - Environmental Heritage, and appropriately identified on the
Heritage Map.
The Planning Proposal is supported as it:
Generally complies with the relevant Local Environment Plan making
provisions under the Environmental Planning & Assessment Act 1979;
Generally complies with the Department of Planning‟s „A guide to
preparing planning proposals‟ (October 2014); and
Is unlikely to result in any adverse impacts on the environment or wider
community
The Planning Proposal is considered to be satisfactory and should be forwarded to
the Department of Planning and Environment for Gateway Determination.
In addition, due to the local nature of the Planning Proposal, it is recommended
that Council also request for delegation of plan making functions to finalise any
COUNCIL – 17/08/15 CiS(9)
amendment to NSLEP that would result from the implementation of the Planning
Proposal.
Recommending:
1. THAT Council resolves to adopt the attached Planning Proposal and forward it
to the Minister for Planning in order to receive a Gateway Determination in
accordance with Section 56 of the Environmental Planning and Assessment Act,
1979.
2. THAT if North Sydney Local Environmental Plan 2013 is amended as a result
of carrying out Recommendation No.1, that a North Sydney Heritage Inventory
sheet in relation to 3 Anderson Street, Neutral Bay be created reflecting the
outcomes of the heritage assessment prepared by Clive Lucas Stapleton and
Partners.
3. THAT Council request the Minister for Planning grant Council delegation of
plan making functions to implement the Planning Proposal.
4. THAT Council notify the Minister of Heritage of its decision.
COUNCIL – 17/08/15 COS (10)
Corporate Services Division
11. CoS01: Councillor Workshop - Finance: Actions Rising - 4
August 2015
Report of Garry Ross, Financial Services Manager
This report presents the actions arising from the Workshop held on 4 August
2015. Actions arising will addressed at the next Workshop.
Recommending:
1. THAT the summary of actions arising from the Councillor Workshop -
Finance held on 4 August 2015 be noted.
12. CoS02: Investments Held as at 31 July 2015
Report of Garry Ross, Manager Financial Services (Responsible Accounting
Officer)
This report provides details of the performance of Council‟s investment portfolio
for the month of July 2015.
The portfolio provided an annualised return of 4.18% for the year to date as at 31
July 2015, 2.04% above the reportable benchmark (BBSW Bank Bill Index)
Interest returns for the month ended 31 July 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 2015/16 budget estimate for returns from Council‟s investment portfolio will
be reviewed in the September Quarterly Budget Review.
Recommending:
1. THAT the report be received.
13. CoS03: Approved Loan Borrowings
Report of Garry Ross, Manager Financial Services Manager
Council has implemented an expanded capital works program which requires
alternate sources of funding, both internal and from financial institutions. Council
has been debt free for a considerable period, which has prompted the need for a
loan borrowing program to ensure that there is intergenerational equity in the
provision of essential infrastructure and other major capital projects.
Council engaged an external consultancy to assist in the request for funding. All
four major banks were invited to participate in the delivery of the loan funded
projects.
Council is exposed to interest rate risk whenever it borrows, regardless of
whether the interest rates are fixed or variable.
Comment by Responsible Accounting Officer:
COUNCIL – 17/08/15 COS (11)
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.
Recommending:
1. THAT Council adopts the identified borrowing program and the initial $9.5
million loan.
2. THAT Council supports the selection of the National Australia Bank for debt
facilities.
3. THAT Council hereby authorises its Official Seal to be affixed to debt facility
agreement under the signature of the Mayor and the General Manager.
14. CoS04: 2015 LGNSW Conference – Consideration of Motions
Report of Ian Curry, Manager Governance and Committee Services
The Local Government NSW Annual Conference 2015 will take place from
Sunday 11 - Tuesday 13 October 2015 at Rosehill Gardens Racecourse (James
Ruse Drive, Rosehill).
The purpose of this report is to consider Motions submitted by Councillors and
the community on important issues and provide these details to LGNSW by 24
August 2015.
Council has received a number of suggested Motions from Precinct Committees,
which are detailed below.
Recommending:
1. THAT Council determines whether it wants to submit any Motions/Issues to
the 2015 LGNSW Conference, as detailed in this report.
15. CoS05: CBD Marketing Update
Report of Sandra Moore, Manager Communications and Events
This report provides an update on current activities in the CBD as part of the
“Happiness Works Here” CBD marketing campaign.
Recommending:
1. THAT the report be received.
COUNCIL – 17/08/15 EPS (12)
Engineering & Property Services Division
16. EPS01: Council Owned/Leased Properties: Leasing
Transactions
Report of Risha Joseph, Property Officer
A report is submitted regarding the leasing transactions for Council‟s owned and
leased properties, for the period ending 7 August 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.
17. EPS02: Parking Spaces in Alexander Lane, Crows Nest
Report of Risha Joseph, Property Officer
Council leased a portion of a temporarily closed section of Alexander Lane in
Crows Nest to the property owners of No.‟s 131 & 133 Alexander Street in 1989
for the purposes of private parking.
It is now the intention of Council to convert these privately leased car spaces in
Alexander Lane to public parking. It is therefore recommended that as the leases
have already expired, Council not renew the leases and that the spaces be
converted to public parking.
The quantum of the income received from leasing the car spaces is outlined in the
Confidential section of this report. It outlines the revenue forgone to Council
through not renewing the leases of the car spaces.
Recommending:
1. THAT Council resolves not to renew the car parking leases to the owners of
131 & 133 Alexander Street, Crows Nest and the lessees be given 6 months‟
notice to make alternative parking arrangements.
2. THAT Council proceeds to dedicate the road as a „public road‟ by constituting
its publication in the Government Gazette.
3. THAT once gazetted as a public road Council resolves to convert the privately
leased parking spaces to public parking by removing the stacked parking and
providing four (4) parking spaces positioned to the north and south of the existing
bollards, as illustrated in Figure 4.
18. EPS03: Brett Whiteley Place - Revised Concept Design
Report
Report of Duncan Mitchell, Director Engineering and Property Services
At its meeting of 22 June 2015, Council resolved (Min. No. 174):
COUNCIL – 17/08/15 EPS (13)
THAT Council resolve to amend the resolution of 20 April 2015.
THAT Council progress the concept plan to the detailed design stage.
THAT Council adopt the recommendations made throughout this report and
Attachment for incorporation into the detailed design process.
THAT the existing Robert Woodward water feature commissioned for the space
be retained.
THAT the Robert Woodward water feature be fully restored.
THAT the Robert Woodward water feature‟s hydraulics be replaced.
THAT any other restorative works be carried out on the Robert Woodward water
feature.
THAT Council find a committed location and timeline for the design and
relocation of the heritage GPO column.
This report outlines the proposed location of the Woodward Fountains within
Brett Whiteley Place as per Councils resolution No 4 from the June 22 Council
Meeting. The fountains as outlined in the attached concept plans are located in
very much the same location as they currently are. The only difference being they
have been shifted further west up Brett Whiteley Place to achieve a larger
Public/Events space down at the intersection of Mount Street, Denison Street &
Elizabeth Plaza.
Council has allocated a budget for this project in its adopted Delivery Program.
Detailed cost estimates will be undertaken during the detailed design phase of this
Project so that an accurate Pre Tender estimate can be formulated.
Recommending:
1. THAT Council endorse the proposed location of the fountains in Brett
Whiteley Place as shown on the attached concept plans and the associated scope
of works for the upgrade of Brett Whiteley Place (Stage 1).
19. EPS04: Pacific Highway Public Domain Upgrade Works -
Tender 47/2015
Report of Adam Deutsch, Project Manager
Tenders were called and were received until 4:00pm on 30 June 2015 for the
submission of tenders to undertake Pacific Highway Public Domain Upgrade
Pedestrian Paving Works.
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.
Funding for this project is included in the four year delivery program adopted by
Council.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
47/2015 for Pacific Highway Pedestrian Paving Zones three, four and five.
2. THAT Council approves that funds be brought forward from the 2016/2017
financial years from cost centres Crows Nest Mainstreet-Pacific Highway
Upgrade, Crows Nest Mainstreet -Project to be Established and Special Projects
- Public Domain Upgrades to complete Zones 3, 4 and 5 of the project this
financial year.
COUNCIL – 17/08/15 EPS (14)
3. THAT Council hereby authorises its Official Seal to be affixed to Contract
47/2015 for Zones 3, 4 and 5 to commence in the 2015/16 financial year under
the signature of the Mayor and the General Manager.
4. 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.
20. EPS05: Submission of tenders for the Installation of Mount
St Lighting - Contract 50/2015
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 4pm on 9 July 2015 for the
submission of tenders for the installation of Mount St lighting.
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 four year delivery program adopted
by Council.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
50/2015 -Installation of Mount St Lighting.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
50/2015 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. EPS06: Submission of tenders for the Stabilisation of
Retaining Walls and Installation of Safety Fences - Contract
51/2015
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 4pm on 16 July 2015 for the
submission of tenders for the Retaining Walls and Installation of Safety Fences.
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 four year delivery program adopted
by Council.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer [1] for Tender
51/2015 - Retaining Walls and Installation of Safety Fences.
2. THAT Council approves that funds be brought forward from the 2016/2017
financial year to complete the project this financial year.
3. THAT Council hereby authorises its Official Seal to be affixed to Contract
51/2015 under the signature of the Mayor and the General Manager.
COUNCIL – 17/08/15 EPS (15)
4. 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.
22. EPS07: Road Surfacing, Patching and Associated Works -
NSROC Tender 13-15
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 10:00am, 4 June 2015 for the
submission of tenders to undertake Road Surfacing, Patching and Associated
Services.
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.
Funding for this project was included in the four year delivery program.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for the
Supply, Delivery and Laying of Asphaltic Concrete under the NSROC Contract
13-15 - Road Surfacing, Patching and Associated Services.
2. THAT Council accept the tender of the second highest ranked Tenderer for the
Supply, Delivery and Laying of Asphaltic Concrete as the second preferred
tenderer under NSROC Contract 13-15 - Road Surfacing, Patching and
Associated Works.
3. THAT Council accept the tender of the highest ranked Tenderer for Heavy
Patching under NSROC Contract 13-15 - Road Surfacing, Patching and
Associated Works.
4. THAT Council accept the tender of the second highest ranked Tenderer for
Heavy Patching under NSROC Contract 13-15 - Road Surfacing, Patching and
Associated Works.
5. THAT Council reject all tenders for the supply of asphaltic concrete under
NSROC Contract 13-15 as the bidders were deemed to be non-competitive and
enter into direct negotiation with any suitable Proponent with a view to entering
into a supply contract for asphaltic concrete under Contract 13-15.
6. THAT Council hereby authorises its Official Seal to be affixed to Contract
NSROC 13-15 under the signature of the Mayor and the General Manager.
7. 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.
23. EPS08: Traffic Committee - 24 July 2015
Report of Michaela Kemp, Manager Traffic and Transport Operations
This report presents the recommendations of the last meeting of the Traffic
Committee held on 24 July 2015, for Council adoption. The minutes are attached
for information.
Recommending:
1. THAT the information regarding Delegated Authority items be received.
COUNCIL – 17/08/15 EPS (16)
2. THAT Council cut back the rock outcrop on the western side of Ancrum Street
adjacent to Euroka Street Playground (4.2.1).
3. THAT Council notify residents in the vicinity of Ancrum Street of the
intention to cut back the rock (4.2.1).
4. THAT the remainder of recommendations made for changes in the minor
parking restrictions be adopted.
5. THAT Council remove the „access for vehicles over 6 metres is unsuitable‟
signage in Winter Avenue at Bent Street (4.3.1).
6. THAT Council erect a new standard „Trucks Prohibited‟ sign with a
supplementary plate „Vehicles over 6m‟ in Winter Avenue at Bent Street (4.3.1).
7. THAT Council monitor the effectiveness of the new Trucks Prohibited sign in
Winter Avenue at Bent Street over the course of six months once the sign has
been installed and report findings to the Traffic Committee (4.3.1).
8. THAT the remainder of recommendations made for changes in the minor
traffic investigations be adopted.
9. THAT Council raises no objection to the Sydney Spring Cycle event to be
held on Sunday 18th October 2015, subject to Police and RMS approval,
appropriate public liability insurance, and the event being carried out in
accordance with AS 1742.3 and 2015 Traffic Management Plan, and the applicant
liaise with the North Sydney Oval Manager regarding access to North Sydney
Oval for sports event. Traffic Management Plan and all other relevant
documentation must be sent to the Traffic Management Centre.
10. THAT the Traffic Committee approve the road closures detailed in this
report, in accordance with the submitted Traffic Management Plan, on Sunday
20th September 2015 for the purpose of the 205 Sydney Running Festival, subject
to TMC and Police approval, appropriate public liability insurance and subject to
notifications being distributed to affected properties at least 2 weeks prior to the
event and compliance with North Sydney Council‟s standard Road Closure
conditions. Traffic Management Plan and all other relevant documentation must
be sent to the Traffic Management Centre.
11. THAT Traffic Committee endorse the concept plans proposed kerb and
intersection adjustments on Merlin Street and Park Avenue, pedestrian crossing
improvements on Merlin Street, and separated cycleway along Merlin Street,
Ernest Street and Park Avenue as proposed in the Route 2 Cycleway and
Streetscape Improvement Plan.
12. THAT relevant signal plans and traffic assessments relating to the proposed
traffic signals at the intersection between Ernest Street and Merlin Street be
forwarded to the RMS for assessment.
13. THAT the detailed design plans for the proposed kerb and intersection
adjustments on Merlin Street and Park Avenue, pedestrian crossing improvements
on Merlin Street, and separated cycleway along Merlin Street, Ernest Street and
Park Avenue as proposed in the Route 2 Cycleway and Streetscape Improvement
Plan be referred to the Traffic Committee for approval under delegated authority
prior to construction.
14. THAT Traffic Committee endorse the proposed kerb adjustments in
Benelong Road and Macpherson Street, and cycle route pavement marking/line
marking on Benelong Road, Brightmore Street, Tobruk Avenue, Samora Avenue,
Ryries Parade Lodge Road and Ellalong Road proposed in Stage 1b of the Route
2 Cycleway and Streetscape Improvement Plan.
COUNCIL – 17/08/15 EPS (17)
15. THAT the detailed design plans for the proposed kerb adjustments in
Benelong Road and Macpherson Street, and cycle route pavement marking/line
marking on Benelong Road, Brightmore Street, Tobruk Avenue, Samora Avenue,
Ryries Parade Lodge Road and Ellalong Road proposed in Stage 1b of the Route
2 Cycleway and Streetscape Improvement Plan be referred to the Traffic
Committee for approval under delegated authority prior to construction.
16. THAT subject to RMS endorsement of the Wheeler Lane TMP and Design
Plan, Council approves the installation of a Shared Zone in Wheeler Lane, North
Sydney (application for Wheeler Lane to become a Shared Zone to be submitted
to Speed Management Team for assessment prior to RMS decision to approve or
not).
17. THAT the Abandoned Vehicles Processed Report be received.
18. THAT Council staff be congratulated on the meticulous work done
consistently over a long period of time to ensure abandoned vehicles in the North
Sydney LGA are managed effectively.
19. THAT Council Traffic Engineers investigate solutions to the issue of
vehicles reversing in Wonga Road against the one way flow and any proposed
solution be referred to the Traffic Committee for approval.
20. THAT Council's Traffic Engineers investigate how parking can be provided
at the rear of businesses in Zig Zag Lane between Burlington Street and Ernest
Place.
21. THAT the plans received by the Traffic Committee prepared by Lipman
Constructions (Construction Contractor for Department of Education) only be
approved on the condition that RMS reviews the design and that it is
demonstrated to the RMS by the proponent that the location will meet the vehicle
and pedestrian warrants for a pedestrian crossing and that the effect of the west
bound turning vehicles into Anzac Avenue will not cause significant delays in
traffic on Ernest Street.
22. THAT Council investigate speeding in Grosvenor Lane and possibility of
making the area a shared zone
23. THAT Council investigate the size limits of trucks in Grosvenor Lane and
confirm whether or not there has been any breach in the original consent granted
to companies who use the road for transporting goods.
24. THAT Council write to concerned parents outlining the reasons why a new
crossing will not be installed on Yeo Street surrounding Neutral Bay Public
School - the Traffic Committee agreed unanimously that there are adequate
pedestrian safety measures currently on Yeo Street.
24. EPS09: Administration of Special Rates Levied for Crows
Nest and Neutral Bay Business Areas - Five Year Capital Works
Program
Report of Adam Deutsch, Project Manager - Duncan Mitchell Director Engineering
and Property Services
At its meeting held on 16 March 2015, (Min. No. 68), Council resolved the
following:
COUNCIL – 17/08/15 EPS (18)
2. THAT from July 1 2015, all operational and capital expenditure of Special
Rates levied for identified projects and programs in the Crows Nest and Neutral
Bay Business Areas be resolved on by Council.
6. THAT A five year Capital Works Program for the Crows Nest and Neutral Bay
Business Areas be developed and adopted by Council. The Capital Works
Program is to clearly identify the projects where Special Rates levied will be
utilised.
The cost of transferring the full administration and reporting of the Special Rates
levied for the Crows Nest and Neutral Bay Business Areas would be incorporated
into Council‟s current financial operations.
The cost of an annual independent audit report on levied funded expenditure for
Crows Nest and Neutral Bay Business Areas would be funded from the levy and
would only require a minor variation to the current Audit tender.
Recommending:
1. THAT Council endorse the levy funded Operating Budgets for 2015/16 for
Crow‟s Nest Main Street Pty Ltd and the Neutral Bay Chamber of Commerce.
2. THAT Council adopts the proposed 5 year capital works program for Crows
Nest and Neutral Bay and the accompanying allocations of Levy and Council
funded capital works expenditure in these two Village Centres.
3. THAT If there are any requested changes to the levy funded Operating
budgets for Crows Nest Mainstreet and Neutral Bay Chamber of Commerce a
report is to be brought back to Council seeking endorsement.
4.THAT If there are any changes to the 5 year capital works program for Crow‟s
Nest and Neutral Bay and the accompanying allocations of levy and Council
funded capital works expenditure in these two Village Centres a report is to be
brought back to Council seeking endorsement.
COUNCIL – 17/08/15 OSES (19)
Open Space & Environmental Services Division
25. OSE01: Hard Surface Weed Control - Tender 49/2015
Report of David Manson - Parks and Reserves Manager
Tenders were called and were received until 4.00 pm on Wednesday the 1st of
July 2015 for the submission of tenders to undertake hard surface weed control
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 adopted 2015/16 budget.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
49/2015 for hard surface weed control.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
49/2015 under signature of the Mayor and the General Manager.
3. THAT 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.
26. OSE02: URM Corporate Restructure - Assignment of Waste
Collection Services Contract
Report of Bob Stechiwskyj, Waste Management Officer
Following a corporate restructure, URM is seeking Council‟s approval to the
assignment of the Collection of Waste and Recycling and the Provision of Call
Centre Services to URM Group.
URM is the incumbent waste collection services contractor. Under clause 13.2 of
the Contract, the contractor shall not assign its rights or obligations under the
contract without the prior written consent of Council. A change in the
management of the company or control of 30% or more of the voting capital of
the contractor is deemed to be an assignment. The restructure at URM falls within
this definition and, accordingly, requires Council‟s approval.
Recommending:
1. THAT Council consents to the assignment of the Waste Collection Services
Contract to URM Group Pty Limited.
2. THAT URM be advised to provide a parent company guarantee for URM
Group guaranteeing the continued performance of the obligations under the
contract.
3. THAT URM be advised of Council‟s decision.
COUNCIL – 17/08/15 Correspondence (20)
PETITIONS
27. PET01: Fencing of Ilbery Reserve
Submitting 2 petitions with a total of 65 names opposing the fencing of Ilbery
Reserve.
CORRESPONDENCE
28. C01: Sydney Coastal Councils Group
Submitting correspondence from Sydney Coastal Councils Group (13 July 2015)
with Minutes and Actions of the Ordinary Meeting, held on 20 June 2015 at City
of Sydney Council.
COUNCIL - 17/08/15 NoM (21)
MOTIONS OF WHICH DUE NOTICE
HAS BEEN GIVEN
29. NoM01: Notice of Motion No. 12/15 by Cr Baker - 11/08/15
Re: Interim Heritage Order – “Lansdowne”, Neutral Bay
THAT Council be provided with a progress report on the heritage assessment of
“Lansdowne” commissioned by Council and the group of concerned residents.
30. NoM02: Notice of Motion No. 13/15 by Cr Beregi - 11/08/15
Re: Publication of Confidential Materials
THAT Council request a meeting with the Editor of the Mosman Daily to discuss
the publication of confidential materials in their paper.
Background
There have now been two breaches of the Code of Conduct, one finding against
Cr Bevan and one finding against Cr Gibson, in relation to the provision and
publication of confidential Council documents in the Mosman Daily. It is
understood that this has occurred despite advice to the publication, on at least one
occasion, that the material in question was confidential. The publication of
confidential documents undermines the public's confidence in the Council, as
well as in local government and at all levels of government.
North Sydney Council is an open and transparent Council. However, there are
matters pertaining to Council, especially relating to staff, that must be kept
confidential as the releasing of such information could be damaging. The meeting
will discuss Council's relationship with the publication.
31. NoM03: Notice of Motion No. 14/15 by Cr Beregi - 11/08/15
Re: LGNSW submissions
THAT LGNSW resolve to lobby the Minister and the OLG to review the Model
Code of Conduct, especially in relation to penalties for breaches of
confidentiality and providing confidential information to the media and/or
unauthorised third party.
COUNCIL - 17/08/15 NoM (22)
32. NoM04: Notice of Motion No. 15/15 by Cr Carr - 11/08/15
Re: Leaking of Confidential Information – External Investigation
THAT Council engage an external investigator to undertake a through
investigation to examine the circumstances surrounding the leaking of
confidential information pertaining to the recent Council Meeting, where the
Mosman Daily journalist Andrea McCulloh is in receipt of information that was
subject to a closed session of Council:
CoS02 Governance Committee meeting minutes 29th June 2015 item G10-
General Managers Performance Agreement and Remuneration Review
(Confidential)
It should be noted that this is the third such occurrence where confidential
information has been leaked with two Councillors previously sanctioned. Further,
THAT Council write to the Minister and the Office of Local Government
advising of this motion which follows on from findings against Crs Bevan and
Gibson and that Council again expresses its on-going concern regarding the lack
of sanction for breaches involving confidential material.
33. NoM05: Notice of Motion No. 16/15 by Crs Beregi and
Marchandeau - 11/08/15
Re: Intersection of Abbott and Palmer St, Cammeray
THAT Council call for an urgent report into the recent accident (Sunday 9
August 2015) and on-going concerns regarding the intersection of Abbott and
Palmer Streets, Cammeray. The report should include details of recent accidents,
submissions received from residents, increased residential density, increased
traffic flow resulting from the redevelopment of the North's Club, consultation
with the school, as well as recommendations for traffic interventions including,
but not limited to, a roundabout, traffic lights, speed cameras and traffic calming
devices.
Backgound
Council has been approached on many occasions over the last few years
requesting action be taken in relation to the intersection of Abbott and Palmer
Street, Cammeray. A recent accident (9 August 2015) has prompted a number of
worried residents to write again in relation to their serious safety concerns at this
intersection, noting that had this accident occurred on a school day, the
consequences could have been far worse. Recent commercial developments
(Norths Club refurbishment) and increased residential density has resulted in an
increased amount of traffic and pedestrians in the area - Cammeray Public School
is also nearby with many children having to cross this intersection on their walk
to and from school. This report should cover, but not be limited to, the issues
COUNCIL - 17/08/15 NoM (23)
outlined above as well as make recommendations that are consistent with current
and future residential and commercial density implications.
COUNCIL - 17/08/15 Questions (24)
QUESTIONS WITH NOTICE
34. QN01: By Councillor Baker – Response to QWN 20/07/15
Re: Correspondence from LGNSW
Has the Council or the Mayor received correspondence from Local Government
NSW in relation to the application of cl 208? If so, could that correspondence be
circulated to all councillors.
Response
Council has not received any correspondence from Local Government NSW in
relation to the application of cl 208 of the Local Government Regulations.
The Mayor has provided a response, which has been distributed to councillors
separately.
35. Q02: By Councillor Beregi - 11/08/15
Re: Ilbery Reserve - Correspondence
Could the Mayor please provide Council with copies of correspondence and/or
the details of any communications between herself and Jillian Skinner MP,
Member for North Shore or her office, in relation to Ilbery Reserve?
36. Q03: By Councillor Beregi - 11/08/15
Re: Correspondence to Office of Local Government
Could the Mayor please provide to Council and all councillors, a copy of the
correspondence that was sent to the Office of Local Government which resulted
in the letter from the OLG dated 17 June 2014 addressed to the Mayor, which
was attached to the late Mayoral Minute tabled at the 20 July 2015 Council
meeting, and/or could the General Manager please write to the OLG requesting
such correspondence.
37. Q04: By Councillor Reymond - 12/08/15
Re: Final Investigation Report (20 July 2015)
On 20 July 2015, Council considered Item CoS08 - Final Investigation Report
and resolved as follows:
COUNCIL - 17/08/15 Questions (25)
1. THAT the Mayor, Councillor Jilly Gibson, be counselled for her conduct and that
such counselling include training in ethics and integrity in public office.
2. THAT Council note with concern that this is the second finding by an independent
investigator of a breach of the Code of Conduct in respect of the Mayor.
3. THAT pursuant to clause 8.56(a) of Council’s Code of Conduct, Councillor Gibson be
required to provide a written apology to the injured parties within 3 working days and
that the recipients of the apology be free to use such a document in order to restore any
reputational damage.
4. THAT the reason for Council expanding on the recommendation in relation to the
timing of the apology and the ability of the injured parties to restore reputational
damage is:
to avoid institutional risk in other forums to Council;
because Council considers that the statements made are serious, reckless and
significant and ought to be remedied as swiftly as possible in circumstances where this
Code of Conduct process has taken more than 6 months to review and resolve.
5. THAT a copy of this resolution be forwarded to the Minister and Office of Local
Government.
Has the Mayor complied with paragraph 3 of this resolution of Council?
38. Q05: By Councillor Gibson - 12/08/15
Re: DEPA Union
1. Has Cr Baker or any other Councillor had any personal, email, phone, or social
media contact with Mr Ian Robertson, the Secretary of the Union DEPA?
2. Has Council's General Manager or any of Council's Directors had any
personal, email, phone or social media contact with Mr Ian Robertson the
secretary of the Union DEPA this calendar year?
3. Has Mr Ian Robertson, the Secretary of the Union DEPA, had any business
dealings with any Councillor or any staff member this calendar year?
4. Has North Sydney Council paid any monies for any purpose to DEPA or Mr
Ian Robertson this calendar year?
QUESTIONS WITHOUT NOTICE