Council Chambers

20 September 2018

The 3709th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at

7.00pm on Monday, 24 September 2018. The agenda is as follows.

KEN GOULDTHORP

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

IDENTIFICATION OF MATTERS BROUGHT FORWARD -

CONFIRMATION OF MINUTES of the previous Meeting

DECLARATIONS OF INTEREST

MATTERS REFERRED TO COUNCILLOR INSPECTIONS

MINUTES OF THE MAYOR

DETERMINATION OF MATTERS BROUGHT FORWARD -

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

Cr StephenBARBOURTUNKS WARD

DIRECTORCommunity &

Library ServicesMr Martin ELLIS

DIRECTOREngineering &

Property ServicesMr Duncan MITCHELL

DIRECTOROpen Space &

Environmental Services

Mr Robert EMERSON

DIRECTORCity Strategy

Mr Joseph HILL

MANAGERS MANAGERS

Cr Zoë BAKERWOLLSTONECRAFT

WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

A/DIRECTORCorporate Services

Ms Sandra MOORE

PUBLIC GALLERY

GENERAL MANAGERMr Ken GOULDTHORP

Cr TonyCARR

TUNKS WARD

Cr JessicaKEEN

VICTORIA WARD

Cr KathyBRODIEVICTORIA

WARD

Cr MaryAnnBEREGI

VICTORIA WARD

Cr Ian MUTTONWOLLSTONECRAFT

WARD

Cr SamuelGUNNING

WOLLSTONECRAFTWARD

Cr AlanyaDRUMMOND

TUNKS 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 six Councillors. Ordinary Council meetings consider reports from all Divisions of Council. 2. The Chairperson shall be the Mayor or, in her absence, the Deputy Mayor. 3. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers. 4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8100) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm. Items brought forward will be considered in the order that they appear on the agenda 5. As the Chairperson calls the brought forward items on the Agenda, speakers are invited to take their place at the foot of the Councillors’ table. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery. 6. The following points should be noted by members of the public wishing to address Council:

• Addresses must relate to an item on the Agenda. • Addresses should be limited to three (3) minutes. • Addresses should be made to “Mayor and Councillors”. • If you have previously addressed the Council on the subject then any further address

must be made to present new information ONLY. • Groups, or persons wishing to present similar points of view, should nominate a

spokesperson and not address the Council individually. • All questions and comments are to be addressed through the Chairperson. • Having made your address and answered any questions put to you by the Councillors,

you may take no further part in the debate. • No written submissions or documentation may be presented to the meeting without a

resolution of Council. • Members of the public are asked not to make insulting or defamatory statements, and

to take care when discussing other people’s personal information (without their consent).

7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter.

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager. 9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress. 10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting. 11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. All Council meetings are also webcast via the internet. Members of the public are advised that if they address Council their voice will form part of the webcast but they will not appear on camera. Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at Council Offices or Stanton Library.

TO: The Mayor, Jilly Gibson and Councillors Baker, Barbour, Beregi, Brodie, Carr,

Drummond, Gunning, Keen and Mutton.

SUBJECT: 3709th MEETING OF COUNCIL TO BE HELD ON MONDAY,

24 SEPTEMBER 2018

THAT THE MINUTES of the previous 3708th Council Meeting held on

Monday, 27 August 2018 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

1. MM01: Smoke Free CBD

North Sydney Council has always had a progressive approach to creating a

smoke free environment for our residents, workers and visitors.

After the successful implementation of no smoking zones around the LGA, I

would like to see Council continue these efforts by making North Sydney one

of the first smoke free CBDs in Australia.

Cigarettes are not only bad for smokers - their cigarette butts litter our streets

and the second hand smoke is detrimental to everyone’s health. It is important

that we create a safe environment for our community where everyone can enjoy

our outdoor open spaces.

Brett Whiteley Place and Elizabeth Plaza, in the CBD, have both been self-

regulated, smoke free zones since July 2016 with great success. Ernest Place in

the heart of Crows Nest has also been designated a no smoking zone.

Our Rangers also fine anyone caught littering our streets by not properly

disposing of their cigarette butts, even if they’re not in smoke free zones.

This follows on from Council banning smoking in 2011 in several public sites

around the LGA, including:

within ten (10) metres of all children’s playgrounds and equipment;

within ten (10) metres of the boundaries of sportsfields and recreation

facilities when sports are being played;

in all outdoor dining areas on Council owned land; and

in covered bus shelters and taxi ranks.

In July 2015, the NSW Government implemented a statewide ban on smoking

in outdoor dining areas and within four (4) metres of a pedestrian access point

to a building.

The City of Sydney, Melbourne and the City of Hobart have all banned smoking

in several designated public spaces. The City of Hobart in particular has made

significant strides towards creating a smoke free CBD by banning smoking in

any outdoor dining and drinking areas on land managed by them.

I would like to see North Sydney Council do the same with participating

restaurants, bars and cafes given stickers produced by Council to put in their

windows to raise awareness of the Policy.

Council’s creation of self-regulated, no smoking zones has been well received

by the community and I believe a push to expand this Policy would be widely

welcomed.

This would not be enforced by Council but would operate on a self-regulated

basis where the community is encouraged not to smoke in public places.

I therefore recommend:

1. THAT public consultation be undertaken to determine community support

for making the whole of the North Sydney CBD smoke free; and

2. THAT following the consultation period, a further report be submitted to

Council.

2. MM02: Wendy Whiteley’s Secret Garden Charitable Trust

Wendy Whiteley’s Secret Garden is one of North Sydney’s unique gems and

Council has been integral in ensuring the garden’s survival for future

generations to enjoy.

Council set up Wendy Whiteley’s Secret Garden Charitable Trust so that

members of the public and organisations can donate money to help maintain and

protect the garden.

While the Trust was awarded charitable status earlier this year, it has not

received Deductible Gift Recipient (DGR) status which allows people to claim

back tax from donations to the Trust. As the garden is so unique, it does not fit

into any of the Australian Charities and Not-for-Profits Commission’s DGR

categories.

The Trust’s lack of DGR status could have a significant detrimental impact on

the amount of donations it receives.

There is, however, another way the Trust can receive DGR status – by being

recognised in the Income Tax Assessment Act. This can only be implemented

at a Federal level.

I therefore recommend:

1. THAT Council write to the Federal Treasurer, The Hon Josh Frydenberg MP,

to request that Wendy Whiteley’s Secret Garden Charitable Trust be recognised

in the Income Tax Assessment Act; and

2. THAT the Mayor and General Manager request an urgent meeting with the

Member for North Sydney, Mr Trent Zimmerman MP, to discuss the need for

the Trust to have Deductible Gift Recipient (DGR) status for Wendy Whiteley’s

Secret Garden.

3. MM03: Brett Whiteley Place – Art

Thousands of North Sydney’s workers walk through or past Brett Whiteley

Place every day on their way to the office. The plaza was named after Brett

Whiteley - one of the most influential modern artists of the 20th Century - to

recognise its potential to become a cultural hub and key meeting place in the

CBD.

Apart from the name, there is currently no notable mention of Brett Whiteley in

the plaza, and members of the public have commented to me that the recent

upgrade fails to reflect his bold and bright artwork.

Council has already taken community feedback on board to brighten up the

plaza, using flowers and banners to bring colour into the space. A two-

dimensional artwork has been in the pipeline for Brett Whiteley Place for some

time as part of the North Sydney Public Art Trail Master Plan.

However, given the importance of Brett Whiteley to the art world, and the

significance of Brett Whiteley Place as the North Sydney CBD’s central pubic

open space, I would like Council to reconsider other options. Wendy Whiteley

has previously presented Council with the opportunity to use a cast of one of

Brett Whiteley’s sculptures and I would like us to revisit this generous offer.

I think an original Brett Whiteley sculpture in Brett Whiteley Place would be a

real achievement for Council that would properly honour the work and

creativity of this prominent Australian artist.

I therefore recommend:

1. THAT the Mayor and Deputy Mayor start a discussion with Wendy Whiteley

about the possibility of one of Brett Whiteley’s sculptures/casts being donated

to Council; and

2. THAT Council officers investigate various options and costs of installing a

Brett Whiteley artwork in Brett Whiteley Place and report back to Council.

COUNCIL – 24/09/18 GMO (5)

REPORTS

General Manager’s Office

4. GMO01: Election of Deputy Mayor

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 2018

to 30 September 2019) will take place at the Council meeting to be held on

Monday 24 September 2018.

Nominations were received for:

Cr Stephen Barbour

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, a copy of which is attached.

Recommending:

1. THAT the election for the position of Deputy Mayor be held.

5. GMO02: Matters Outstanding – September 2018

Report of Ken Gouldthorp, General Manager

A report on the current status of matters arising from Council resolutions up to

the meeting of 27 August 2018 is presented.

Recommending:

1. THAT the report be received.

6. GMO03: Senior Staff Contractual Salary Sacrifice

Arrangements – Motor Vehicles

Report of Ken Gouldthorp, General Manager

Council has in place a Policy for the Provision of “Lease Back”, “Pool” and

“Tool of Trade” vehicles for general staff. This is common practice within the

Local Government sector where supplementary use of Council vehicles

required for work purposes has been seen as a cost-effective method to attract

staff. While this has changed over time, in particular with the evolution of

Fringe Benefits Tax (FBT), it is now enshrined to some extent within Awards,

Policy and practice.

The provision of private vehicle use benefits to Executives is common in both

Local Government and other sectors. The employment conditions for Senior

Staff (Executives) in Local Government is totally separate to that of general

staff and operates under a performance based contract framework established

by the Local Government Act 1993 and the mandatory employment contracts

for Senior Staff issued by the Office of Local Government (OLG).

COUNCIL – 24/09/18 GMO (6)

The Local Government Act 1993 and associated regulation provide

requirements in respect to publishing Senior Staff total remuneration within

annual reports and defines total remuneration to include cash and non-cash

benefits.

The Total Remuneration Package (TRP) for specific Senior Staff is identified

within the schedules to their individual employment contracts. Clause 8.6 of

the Standard Contract facilitates the entitlement to reasonably broad-based

salary sacrificing by stating:

The structure of the total remuneration package may be varied from time to

time during the term of this contract by agreement between the employee

and the employer, such agreement not to be unreasonably withheld.

The establishment of a policy on this matter was previously recommended by

Council’s external industrial lawyers. Adoption of the Policy will ensure

consistency in the provision of motor vehicles to Senior Staff and the valuation

of the cost of same to be deducted from their remuneration.

The Policy was previously put to the Performance and Remuneration

Committee who endorsed the proposed policy approach and recommended that

it be adopted following consultation with affected Senior Staff. This

consultation has been completed.

A further confidential report has been provided separately to Councillors. If

Council wishes to discuss this in detail, it will be necessary to close the meeting

to do so in accordance with Section 10A (2) (a) of the Local Government Act

(Closure to discuss personnel matters concerning particular individuals).

Implementation of the proposed Policy will reduce Council’s working capital

and, more specifically, the quantum of public funds tied up in the provision of

motor vehicles for the private use of Senior Staff. The principles of this Policy

have already been applied in the renewal of recent Senior Staff contracts

resulting in the reduction of the vehicle fleet by two (2) with a further one (1)

to follow during the transition. This will result in a permanent reduction in

working capital in the order of $120,000 and allow that amount to be reallocated

to public facilities.

The private use component of Senior Staff vehicles is fully recouped from their

contracted salary and Council costs for the work use component is met from

operational budgets.

Recommending:

1. THAT the Provision of Motor Vehicles to Senior Staff Policy be adopted.

COUNCIL – 24/09/18 CiS (7)

City Strategy Division

7. CiS01: Military Road Corridor Planning Study, Stage 1 –

Engagement Outcomes

Report of Tomas van der Meer, Strategic Planner Urban Design

On 28 May 2018 Council resolved:

2. THAT Council commence preparations for a Planning Study for the Military

Road corridor that addresses the matters identified in the report.

3. THAT in the first instance, a consultation strategy be developed to ensure

early engagement with stakeholders to gauge local values, issues and

aspirations within and surrounding the corridor prior to the study being

developed.

A project plan was developed for the Planning Study in June. The first phase of

this work commenced with a community survey to better understand local

values, issues and aspirations. This report provides an overview of the results of

this preliminary consultation phase.

The community survey was conducted between Thursday 26 July 2018 and

Wednesday 22 August 2018. The survey included a questionnaire, mapping tool

and an opportunity for free form comments. It was widely advertised via a mail

out, online and print media and several information kiosks. Council received

497 responses from the engagement process.

The community highly value the village atmosphere of Neutral Bay with

restaurants and cafes offering the most popular places to socialise. Excellent

access to shops and services was also highly regarded. Over 70% of survey

respondents identified the laneway network in and around Grosvenor Lane,

Grosvenor Street and Young Street as their favourite area in Neutral Bay.

The top three issues expressed by respondents was for more ‘beautiful public

spaces’, a more ‘healthy and safe environment’ and ‘limited building heights’.

A total of 90% of survey participants wish to see improvements made to the

Military Road environment including better road crossing opportunities. 77%

of the respondents expressed a desire for ‘more trees and vegetation’ followed

by 61% for ‘improved plazas for outdoor activities’. A significant proportion of

the community would support a social facility like a library or community centre

in Neutral Bay.

Work is now underway to prepare the draft Military Road Corridor Planning

Study. The outcomes of this engagement process will inform the issues analysis

and the desired future character of Neutral Bay.

Council allocated $125K in the 2018/19 budget to conduct the Military Road

Corridor Planning Study which remains largely unspent to date. It is noted,

however, that Economics and Transport experts are shortly to commence work

on the project, which will represent significant costs.

Recommending:

1. THAT the findings of the Military Road Corridor Planning Study, Stage 1 –

Engagement Outcomes report be noted.

2. THAT the Military Road Corridor Planning Study takes into account the

feedback as described in this report.

COUNCIL – 24/09/18 CiS (8)

8. CiS02: Gateway Determination for Planning Proposal – 41

McLaren Street, North Sydney

Report of Marcelo Occhiuzzi, Manager Strategic Planning

On 1 September 2017, Council received a Planning Proposal to amend the North

Sydney Local Environmental Plan 2013 to enable an increase in building height

of 126m at 41 McLaren Street, North Sydney. In early December 2017, the

applicant lodged a request for a Rezoning Review with the Department of

Planning and Environment (DPE) in response to Council not having made a

decision within 90 days.

Council subsequently resolved to refuse this proposal at its meeting on 19

February 2018. Amongst other reasons, the proposal was considered to

potentially undermine strategic planning work that was being undertaken in the

locality, specifically the work relating to the Ward Street Masterplan.

The Sydney North Planning Panel considered the Rezoning Review at its

meeting on 7 March 2018 and recommended that the Planning Proposal be

submitted for a Gateway Determination contrary to Council’s decision and be

exhibited concurrently as one of the options for the Ward Street Masterplan.

Subsequently, on 23 August 2018, the DPE issued a Gateway Determination

enabling the exhibition of the Planning Proposal to proceed, subject to various

conditions. Given the extent of planning work that has been conducted in the

Ward Street precinct and the strong emphasis placed by the Greater Sydney

Commission on consultative and long term strategic planning leading the

development and growth of Sydney, the issuing of the Gateway Determination

by the DPE is perplexing.

This report recommends that Council endorse the lodgement of a Gateway

Review with the DPE. The Gateway Review process essentially challenges the

Gateway Determination issued by the DPE. This is based on previously

expressed concerns about this site-specific proposal potentially influencing or

undermining the capacity to realise a more holistic outcome expressed by

Council’s Ward Street Masterplan. This Masterplan is currently on public

exhibition and the final version of this document will be a strategic planning

document that is both holistic and informed by a comprehensive and wide

ranging consultation process. The Planning Proposal, on the other hand, is

essentially a site specific proposition that is heavily influenced by a desire to

increase value on one site and which may potentially undermine the realisation

of other opportunities.

The DPE’s report that the Gateway Determination relied on, is also critiqued in

this report and is considered deficient in certain areas. Importantly, that report

does not reference Council’s comprehensive assessment report nor does it

review the Planning Proposal in any great detail against the Ward Street

Masterplan, which was publicly available for several months prior to the

Gateway determination.

Nil.

Recommending:

1. THAT Council endorse the submission of a Gateway Review in response to

the issue of a Gateway Determination dated 23 August 2018 by the Department

of Planning and Environment for the Planning Proposal for 41 McLaren Street,

North Sydney (PP_2018_NORTH_001_00).

COUNCIL – 24/09/18 CiS (9)

2. THAT the submission of the Gateway Review broadly include the following,

as discussed in the report:

a. The pursuit of a site specific Planning Proposal potentially undermines a

preferred Masterplan outcome for the Ward Street Precinct that is currently

the subject of stakeholder consultation.

b. A site specific Planning Proposal for the site is premature and is contrary to

the Greater Sydney Commission’s strong preference for the holistic,

consultative and comprehensive strategy led management of urban change.

c. The report upon which the Gateway Determination is based is considered

deficient in certain areas.

9. CiS03: Kirribilli Village Trading Hours and Small Bars –

Consultation Outcomes

Report of Lara Huckstepp, Executive Planner

The purpose of this report is to provide Council with an overview of the

outcomes of the community consultation undertaken regarding the extension of

trading hours and allowing small bars within the Kirribilli Village.

In response to Council’s resolution on 28 March 2018, between 19 July and 17

August 2018, consultation was undertaken to ascertain community views on

whether there is support for extended trading hours and for small bars to be

permissible in the Kirribilli Village. The consultation included the distribution

of a brochure containing a survey to over 7,000 residents and businesses

(owners and occupiers) within 800m of Kirribilli Village. Council’s

Engagement platform (Engagement HQ) enabled people the opportunity to

provide feedback was promoted through various methods including social

media (Facebook, Instagram, Twitter), advertisements in the Mosman Daily and

an information stall at the Kirribilli Markets.

Council received 918 survey responses and 9 individual submissions,

representing a highly engaged consultation process. The number, and quality of

responses has enabled Council to better understand attitudes towards the

existing approach to trading hours and small bars in Kirribilli Village.

Over 69% support an extension to existing trading hours and over 75% support

small bars being permitted in Kirribilli Village.

Concerns raised by those who did not support later trading hours and small bars

in Kirribilli include loss of amenity for residents, increased noise and

disturbance, decreased level of safety, increased level of crime, loss of the

Village atmosphere and character, loss of diversity of offerings in Kirribilli if

small bars proliferate the locality, and lack of car parking and greater traffic

impacts.

A further report outlining options for implementation will be prepared and

reported to Council, informed by the detailed findings of the community

consultation.

No funding has been allocated. Funds spent for the consultation were within

existing budget lines.

Recommending:

1. THAT Council note the outcomes of the community consultation.

COUNCIL – 24/09/18 CiS (10)

2. THAT Council staff prepare a detailed report outlining options for

implementation of extended trading hours and allowing small bars in Kirribilli

in response to the outcomes of the community consultation.

COUNCIL – 24/09/18 CLS (11)

Community & Library Services Division

10. CLS01: Historical Services Activities for History Week 2018

Report of Ian Hoskins, Council Historian

For 21 years the History Council of New South Wales has coordinated a variety

of history-related events – talks, walks, exhibitions and so forth – in a dedicated

thematic ‘History Week’ as a means of raising the profile of history in the State.

North Sydney Council has participated since the inception. This year’s theme

was ‘Life and Death’ which gave Historical Services staff an opportunity to

showcase the history of St Thomas’ Rest Park in Crows Nest, the oldest

European burial ground on the North Shore, and the extensive interpretative and

conservation work that has occurred there over the past decade. This report

outlines the activities that took place during History Week 2018.

Recommending:

1. THAT that the report be received.

11. CLS02: Community Housing Property Management

Transfers – Deed of Assignment

Report of Martin Ellis, Director, Community and Library Services

Council has received advice from NSW Land and Housing Corporation

(LAHC) that it has agreed with Council’s request (Council resolution of 25 June

2018) to transfer to Link Housing the management of 7 leases referencing 72

units formerly managed by NSW Family and Community Services (FACS).

The benefit of this outcome is that it allows Council to consolidate the surplus

income from both the FACS-managed properties and the Link-managed

properties in a single sinking fund, allowing for the best maintenance outcomes

for the housing of our most vulnerable residents.

Council’s 10-year Management Agreement with Link Housing provides for the

transfer of surplus income (less estimated maintenance costs for the next 12

months) to Council. The option was first taken up by Council this year and, in

April 2018, $1.031 million was transferred to Council.

No such arrangement was available to Council in 1987 when Council entered

into leases with NSW Housing, and as a result no surplus from FACS-managed

properties has ever been returned to Council. This changes under the Deed of

Assignment provided with this report: all Council properties returning a surplus

will now have this surplus directed to Council.

Recommending:

1. THAT Council hereby authorises its Official Seal to be affixed to Deed of

Assignment and Variation of Lease and Consent to Assignment of Lease under

the signature of the Mayor and the General Manager.

2. THAT Council’s 10-year North Sydney Housing Program Property

Management Agreement with Link Housing be updated with the properties

identified in Schedule 2 of the Deed of Assignment and the terms set out in the

report.

COUNCIL – 24/09/18 CLS (12)

12. CLS03: Community Housing Property – Ownership

Structure

Report of Martin Ellis, Director, Community and Library Services

Council has received a request to provide a letter of support for Link Housing’s

offer to buy out the Land and Housing Corporation (LAHC)’s share of a

boarding house in North Sydney. Council and Link are also part owners. It is

one of only three boarding houses in Council’s portfolio of social housing and

as such is of great importance in providing accommodation for certain

categories of our residents. The Title Deed requires any party wishing to sell

that they first offer their portion to the others. If the other two decline, or do not

respond within three months, the property can be sold on the open market,

meaning it will be lost to the North Sydney community as Social Housing.

The property is one of eight joint ventures Council has with the NSW

Department of Family and Community Services (FACS), and the only one in

which Link has a share.

FACS has recently advised Council that these properties will have their leases

renewed for three years only. It underlines the future uncertainty surrounding

this valuable resource.

Council’s 2013 Affordable Housing Strategy Background Report notes only 23

boarding houses remain from the 66 listed in 1998 and not all of these provide

100% affordable accommodation.

The property in question is now the secure home of a North Sydney resident

evicted in December 2017 from a Neutral Bay boarding house for being unable

to pay rent for a “premium” room. This outcome was made possible by

Council’s stipulation, in its Management Agreement with Link and its leases

with FACS, that North Sydney residents be given priority.

This report presents two options for Council to consider in retaining this

property for the benefit of our most vulnerable residents.

Council’s Affordable Housing reserve, collected under SEPP 10 as a levy for

the loss of beds through development, stands at $4.366 million capital purchase

uncommitted funds.

Should Council provide a letter of support for Link, no call on the reserve is

required. Should Council and Link Housing come to an agreement that the

majority ownership should pass to Council, then the reserve will be reduced by

the purchase price finally negotiated with FACS.

Recommending:

1. THAT Council provides a letter of support for Link Housing’s acquisition of

the NSW Land and Housing Corporation’s share of the property as discussed in

this report.

COUNCIL – 24/09/18 CoS (13)

Corporate Services Division

13. CoS01: Ratepayers Incentive Draw 2018/19

Report of Garry Ross, Manager Financial Services

Council offers an incentive scheme for those ratepayers who have paid their

rates in full by the selected date, 31 August. This year 11,736 of 39,488

(29.72%) paid in full by the relevant date.

Funding for this scheme is included in the adopted 2018/2019 operating budget.

Funding for the project is appropriate.

Recommending:

1. THAT the Ratepayers Incentive draw be conducted and the winners be

announced by the Mayor.

2. THAT the prize winners be contacted.

14. CoS02: Draft 2018 Financial Statements

Report of Garry Ross, Manager Financial Services

Attached to this report is the audited Financial Statements for the year ended 30

June 2018. The document consists of the following four sections:

Section I – General Purpose Financial Statements;

Section II – Special Purpose Financial Statements; and

Section III – Special Schedules.

Council achieved a net operating surplus from continuing operations of $17.5

million in the financial year 2017/18.

The audited 2018 Financial Statements were presented to the Audit and Risk

Committee on 14 September 2018.

Recommending:

1.THAT under Section 413(1) of the Local Government Act, 1993, the

Financial Statements for the year ended 30 June 2018 be referred to audit.

2.THAT Council authorise the completion of the “Statement by Councillors

and Management” for the General Purpose Financial Statements and the Special

Purpose Financial Statements.

3.THAT under Section 418(1) of the Local Government Act, 1993, both the

audited financial reports and the auditor’s reports on the financial statements

(Section 417(2) LGA), be placed on public exhibition and presented to the

public at the Council meeting on 29 October 2018.

15. CoS03: Investments and Loan Borrowings Held as at

31 August 2018

Report of Garry Ross, Manager Financial Services

This report provides details of the performance of Council’s investment

portfolio and borrowing limits for the period ending 31 August 2018.

Investment Portfolio:

The portfolio provided an annualised return of 3.49% for the year to date as at

31 August 2018, 1.36% above the reportable benchmark (BBSW Bank Bill

Index). Interest returns remain consistently above the benchmark. This was

COUNCIL – 24/09/18 CoS (14)

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.

Borrowings:

Council has entered into a principle and fixed loan of $9.5 million. The adopted

Delivery Program proposes further borrowing of $20.5 million in the 2020/21

financial year.

The 2018/19 budgeted returns on investments is estimated to be $1,590,000.00.

This is significantly less than previous returns due to the declining cash reserve

balances and continued low interest rates.

Any surplus funds generated in excess of adopted estimates will be transferred

to Council’s internally restricted reserves.

Investments and Loan borrowings funding comply with Council’s Financial

Management Policy.

Recommending:

1. THAT the report on Investments and Loan Borrowings held as at 31 August

2018 be received.

16. CoS04: Governance Committee – 10 September 2018

Report of Ian Curry, Manager Governance and Committee Services

A meeting of the Governance Committee was scheduled for Monday 10

September 2018 and attended by four (4) Councillors – the Mayor and

Councillors Brodie, Drummond and Keen. Apologies were received from

Councillors Baker, Barbour, Beregi, Carr, Gunning and Mutton.

The quorum for Governance Committee meetings is five (5) Councillors so the

meeting was not able to proceed formally. While the Committee proceeded

inquorate, the reports are therefore submitted to Council in full for

consideration. The report recommendations were supported by those

Councillors present and are provided in a consolidated list below for Council’s

determination.

Refer to individual reports.

Recommending:

1. THAT the Amended Procurement Policy be placed on public exhibition for

28 days.

2. THAT Council delegate the acceptance and execution of tenders up to $1

million to the General Manager, providing that funding for the project is

included within the approved budget and operational plan/long term financial

plan, that has been adopted by Council.

3. THAT the delegation be incorporated into the Council’s delegations of

authority.

4. THAT should Council receive submissions, a further report be prepared for

Council’s consideration. Should Council receive no submissions, Council

consider the Amended Procurement Policy as adopted at the end of the closing

period for submissions.

5. THAT Council appoint a second alternative delegate to attend NSROC

Meetings, in accordance with the amended NSROC Constitution.

6. THAT the Code of Conduct - NSROC Panel of Conduct Reviewers report

be received.

COUNCIL – 24/09/18 CoS (15)

7. THAT Council appoint the recommended NSROC Regional Panel of

Conduct Reviewers as outlined in this Report as Council’s Code of Conduct

Reviewers for a period of 3 years.

17. CoS05: HMAS Waterhen ‘Freedom of Entry’ Parade to

North Sydney 2018

Report of Justin Sheining, Acting Manager Communications and Events

North Sydney Council is conferring ‘Freedom of Entry’ to the City to HMAS

Waterhen, the Royal Australian Naval Base located at Waverton. With roots

that date back to Medieval times, this traditional ceremony signifies mutual trust

between a city and the military units that defend it. On Friday 26 October 2018

at 11am, 300 personnel of HMAS Waterhen will form up on Church Street,

move off at 12.30pm to publically meet with the Mayor of North Sydney outside

Council Chambers on McLaren Street, and then march down Miller Street

towards the Pacific Highway with their ‘swords drawn, drums beating and

colours flying’. After the conclusion of the parade at approximately 1pm, there

will be a community BBQ and Navy displays at North Sydney Oval.

Funding has been allocated within existing events budgets.

Recommending:

1. THAT the report be received.

18. CoS06: New Year’s Eve Ticketing at Blues Point Reserve

Report of Justin Sheining, Acting Manager Communications and Events

At its meeting of 28 May 2018, Council resolved:

1.THAT Council endorse ticketing at Blues Point Reserve for 2018 at a cost set

to recover the actual costs of conducting the event on the site.

2.THAT Council support the closure of Balls Head Reserve on NYE for 2018.

3.THAT a further report be provided to Council outlining options for cost

recovery and revenue generating opportunities, together with a community

engagement strategy.

At its meeting of 30 July 2018, Council resolved to adopt the proposed

engagement strategy for ticketing foreshore parks and reserves in the future.

Council works cooperatively with the Police and other agencies to plan

Managed Access areas, infrastructure, transport and road closures for NYE each

year. This includes participating in the Department of Premier and Cabinet NYE

All-Agency Stakeholder Working Group. Police take the lead in operations and

crowd management on the day.

Based on initial event plans and full cost recovery, the ticket price proposed for

Blues Point Reserve was $65 for adults and $35 for children plus booking fee.

Council has received feedback from Police and other stakeholders

recommending that in the trial year we introduce ticketing at a lower price. The

police are keen for ticketing to expand in the future as a mechanism to manage

excess attendance at popular sites and mitigate crowd management issues that

arise with crowd overspill when sites are closed after reaching capacity.

In the interests of interagency cooperation, it is therefore proposed to alter the

event plans and the price to $40 for adults, $20 for children and infants 0 to 2

COUNCIL – 24/09/18 CoS (16)

free. With the amended event schedule, this price will fully recover the

additional costs associated with the event services and partially recover the base

infrastructure/administration costs that have historically been incurred for Blues

Point on NYE.

Funding for NYE is included in the 2018/19 budget. The total budget is

currently $405,000. The proposed ticket price for Blues Point is anticipated to

raise approximately $150,000 (in addition to the budget allocation) which will

fully meet the event program costs at Blues Point and partially recover the cost

of street closure/crowd control historically provided at that site. Thereby

enabling some further traffic/crowd safety hardening measures and security

staffing.

Recommending:

1. THAT Council support partial cost recovery for the trial of ticketing at Blues

Point Reserve for 2018 at the cost of $40 for adults, $20 for children (plus

booking fee) and infants 0 to 2 free.

2. THAT the review of the ticketing trial at Blues Point Reserve include a

review of the cost models and feedback from the community consultation.

COUNCIL – 24/09/18 EPS (17)

Engineering & Property Services Division

19. 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 11 September 2018.

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 are

noted in ‘Attachment A’ of this report, under the signature of the Mayor and the

General Manager.

20. EPS02: Traffic Committee - Minutes - 7 September 2018

Report of Peita Rose, Governance Officer

This report presents the recommendations of the last meeting of the Traffic

Committee held on 7 September 2018 for Council adoption. The Minutes are

attached for information.

The full reports to Traffic Committee can be accessed at:

https://www.northsydney.nsw.gov.au/Council_Meetings/Meetings/Committee

s/Traffic_Committee/2018/7_September_2018

Recommending:

1. THAT Council include an additional alternative option in the Spruson Street

survey to install 2-hour timed parking on the eastern side of Spruson Street

between Holdsworth Road and Phillips Street and in Phillips Street between

Ben Boyd Road and Spruson Street to offset the proposed loss of 3 parking

spaces in Spruson Street. (Matters arising from the Minutes)

2. THAT the STOP pavement logo or text be installed on the eastern and

western approach to the intersection of Cheal Lane and Bydown Street to

improve driver’s awareness. (4.3.1)

3. THAT the Northshore Local Area Command be requested to patrol the

location. (4.3.1)

4. THAT Council check the positioning of the Stop sign, a line be added at the

Stop sign on the street, the vegetation around the sign be trimmed back as

necessary as well as monitor the situation and the progress be reported back to

the Traffic Committee in 6 months’ time. (4.3.1)

5. THAT Council installs curve and advisory 25km/h speed signs on both

approaches to the bend in Union Street. (4.3.2)

6. THAT Council installs Chevron Alignment markers (CAMs) on both

approaches to the bend in Union Street. (4.3.2)

7. THAT road delineation be improved by re-installing existing line marking

on approach to the bend in Union Street (4.3.2)

COUNCIL – 24/09/18 EPS (18)

8. THAT Council urgently proceeds with traffic calming proposals for Union

Street and also examine the kerb blister on the corner of Bank Street and Union

Street to improve pedestrian access. (4.3.2)

9. THAT notify affected residents in Wilson Street, including a plan of the

proposed restrictions, and should no objections be received, Council proceed

with the following changes:

i. No Stopping (full time) be installed on the eastern side of Wilson Street at

the pinch point near the telegraph pole outside No. 8A Wilson Street

(approx. 1 parking space), and opposite property No.14 Wilson Street (14

metres long). (4.4)

10. THAT Council Rangers be requested to patrol Wilson Street to enforce any

illegal parking behaviour. (4.4)

11. THAT Council look at line marking for two car spaces so as to maximise

parking outside the café on Wilson Street. (4.4)

12. THAT Council notify all residents that the above compromise was reached

at the Traffic Committee meeting and this is what has been decided before

anything further is done. (4.4)

13. THAT the information regarding Delegated Authority items be received.

(4.1)

14. THAT the information concerning parking surrounding Grosvenor Lane be

received. (4.2.1)

15. THAT the information concerning upcoming parking surveys be received.

(4.2.2)

16. THAT the information concerning the Abandoned Vehicles and Unattended

Boat Trailers Processed Report be received. (5.1)

17. THAT the information concerning Sydney Metro City & South-West

Construction Update be received. (5.2)

21. EPS03: Advertising Opportunities on North Sydney

Council Infrastructure

Report of Jon Higlett, Infrastructure Manager and Duncan Mitchell, Director

Engineering and Property Services Council, at its meeting on 28 May 2018, resolved to adopt NoM04: Notice of

Motion No. 7/18 by Councillor Barbour to prepare an “updated Report on

Possible Alternative Revenue from Advertising on the North Sydney

(Greenwood) Pedestrian Bridge and Bus Stops currently without Electric

Advertising Boards within our Municipality”.

Council resolved:

“THAT Council revisit the proposal for Advertising on the North Sydney

(Greenwood) Pedestrian Bridge with updated revenue projections and

implications of same as well as an inventory of those bus stops in the

Municipality currently without electric advertising boards and the projected

Revenue from these, individually and as a group, should we place electronic

advertising on them.”

This report investigates these opportunities and is supported by an external

assessment prepared by Nexus Factor, specialist advertising revenue

consultants on the potential revenue Council could receive through exploring

COUNCIL – 24/09/18 EPS (19)

these opportunities. (Refer to the Confidential Memorandum attached to this

report).

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.

Refer to the Confidential Memorandum attached to this report.

Funding for the project is appropriate.

Recommending:

1. THAT Council consider its position in relation to the installation of large-

format digital advertising on one or both sides of the pedestrian footbridge that

spans across the Pacific Highway in the North Sydney CBD.

2. THAT Council consider its position in relation to the installation of digital

advertising panels in all its Bus Shelters that currently have large scrolling

format advertising panels installed similar to the digital advertising panels that

are currently installed in the Miller Street Bus Shelters (Victoria 1 and 2).

3. THAT the requirement for future digital advertising panels in Bus shelters

be included in the next tender for this service when the current JC Decaux bus

shelter advertising contract expires in August 2020.

4. THAT Council consider its position in relation to the installation of

freestanding digital advertising panels in the CBD and other Village Centres in

North Sydney.

5. THAT Council monitor the outcome obtained by City of Sydney under their

current Expression of Interest (EOI) process and, subject to their results,

consider following a similar model for the rollout of a combined advertising and

“Smart City” initiatives contract on its entire portfolio of streetscape

infrastructure.

22. EPS04: Stormwater Drainage Relining Works – Tender

4/2019

Report of Jim Moore, Engineering Project Manager

Tenders were called and were received until 4pm, 21 August 2018 for the

submission of tenders to undertake Stormwater Drainage Relining Works.

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 these projects was included in the adopted 2018/19 budget.

Funding for the project is appropriate.

Recommending:

1. THAT Council accept the tender of the highest ranked Tenderer for Tender

4/2019 for Stormwater Drainage Relining Works.

2. THAT the General Manager be authorised to take any necessary action to

implement the decision including entering associated contracts.

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.

COUNCIL – 24/09/18 EPS (20)

23. EPS05: Amended Telecommunications and Electrical

Network Infrastructure Policy

Report of Ashraf Doureihi, Engineering Project Manager

This report seeks the approval for the public exhibition of the proposed

amendments to North Sydney Council’s Telecommunications and Electrical

Network Infrastructure Policy. See attached.

The purpose of this report and changes to the amended Telecommunications

and Electrical Network Infrastructure Policy is to enable Council to effectively

manage the installation of any new telecommunication facilities proposed by a

Carrier or third party over land or infrastructure owned or under the care and

management of Council, including private structures located within public

space controlled by Council.

In addition, this Policy has been amended to enable Council to embrace new

emerging technologies, while at the same time also establishing a robust

framework around the management of the roll out of “Low Impact

Telecommunication Facilities” (LIFs) to address Community and Council

concerns. It also establishes clear parameters around the requirement to enter

into commercial and or non-commercial agreements with Council that may arise

as a result of the installation of telecommunication facilities in the North Sydney

Council LGA.

The amended policy will provide potential lease revenue for Council for each

telecommunication installation.

Recommending:

1. THAT the draft amended Telecommunications and Electrical Network

Infrastructure Policy be placed on public exhibition for 28 days.

2. THAT should Council receive submissions, a further report be prepared for

Council’s consideration. Should Council receive no submissions, Council

consider the amended Telecommunications and Electrical Network

Infrastructure Policy as adopted at the end of the closing period for submissions.

COUNCIL – 24/09/18 OSES (21)

Open Space & Environmental Services Division

24. OSE01: Hard Surface Weed Control – Tender 3/2019

Report of David Manson, Manager Parks and Reserves

Tenders were called and were received until 4.00 pm on Thursday 19 July 2018

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.

Recommending:

1. THAT Council accept the tender of the highest ranked Tenderer for Tender

3/2019 for the Hard Surface Weed Control Contract.

2. THAT the General Manager be authorised to take any necessary action to

implement the decision including entering associated contracts.

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.

25. OSE02: Hayes Street Foreshore Upgrade Proposal

Report of Hugh Goodman, Streets Alive Project Officer, Gemma North,

Community Engagement Coordinator

A proposal to upgrade Hayes Street Foreshore (western side) has been prepared

to enhance and activate this treasured public space. The design aims to create a

space with consistent materials and elements sympathetic to the surrounding

landscape.

The proposal was placed on public exhibition from 7 June to 8 July 2018. Of

the responses received, 82% of participants supported the upgrade with 18%

either against or undecided.

This report provides an overview of the community engagement findings for the

proposed project. It details engagement process, including the promotion and

the awareness activities undertaken, the feedback mechanisms used, the level of

community participation in the process and the collated outcomes in response

to the consultation.

Funding for the proposed upgrade of Hayes Street Foreshore is budgeted at

$120,000 and included in year one of Council’s Delivery Program 2018-2021.

Recommending:

1. THAT Council note the submissions received

2. THAT Council formally adopts the proposal to upgrade Hayes Street

Foreshore

26. OSE03: Hayes Street Beach Community Kayak Share

proposal

Report of Rob Emerson, Director Open Space and Environmental Services

COUNCIL – 24/09/18 OSES (22)

As a response to a Mayoral Minute (MM02 August 2018 Kayak Share Scheme)

considered with NoM02 and NoM06 of the same meeting on 27 August 2018,

Council resolved:

1.THAT Council officers investigate the feasibility of running a community

share-a-kayak scheme on Hayes Street Beach in Neutral Bay.

2.THAT the outcome of this investigation be reported back to Council in

September 2018.

3.THAT prior to the next Council meeting, Council conduct a meeting regarding

Hayes Street Beach with interested Councillors, the Director Open Space &

Environmental Services and representatives of the ‘Kayak Share’ Scheme.

This report investigates and reports on the feasibility of the scheme, how the

proposed Community Kayak Share Scheme could operate and the proposed

safeguards that could be included in the conditions if Council approves the

community operated scheme.

Recommending:

1. THAT Council issue permits to enable the Community Share Kayak Scheme

for Hayes Street beach as detailed within the report

2. THAT Council staff prepare a review of the Community Kayak Share

Scheme after twelve months of operation and report the findings back to

Council.

COUNCIL – 24/09/18 NoM (23)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

27. NoM01: Notice of Motion No. 23/18 by Cr Beregi - 18/09/18

Re: Membership of LGNSW

1. THAT Council resign its membership of LGNSW immediately and request

a refund of the unused portion of the $52,959.43 membership fee that was paid

for the 2018/19 year.

Background On 30 October 2017, North Sydney Council resolved to re-join LGNSW

(resolution of Mayoral Minute (MM02)).

In the background to MM02, the Mayor stated that one reason for re-joining

LGNSW was “Membership gave Councillors the opportunity to network with

other Councillors at the annual conference and ensured North Sydney’s voice

was heard in the myriad of issues that were voted on at each conference.”

As a result of membership of LGNSW, North Sydney Council is entitled to 5

voting delegates at the annual conference, that being the Mayor and 4

Councillors. Attendance at the LGNSW also ensures Councillors continue to

fulfil their obligations under the LG Act Section 232.

At the 27 August 2018 Council meeting, Council resolved to send the Mayor

and two councillors to the annual conference thereby reducing North Sydney’s

“voice” at the conference by 40%.

Given that Council resolved not to send a full voting delegation, or a delegation

as close as possible to a full delegation, then it would seem that Council has

wasted over $50,000 in re-joining LGNSW as the benefits of membership

outlined by the Mayor are being significantly under-utilised at great cost.

In current circumstances, where Council has resolved to pursue a rate rise

significantly higher than that recently announced by IPART to meet the needs

of the community, if Council is not going to maximise the voting allocation and

benefits of a membership costing over $50,000, then such a membership is

redundant and should be withdrawn and refunded.

28. NoM02: Notice of Motion No. 24/18 by Crs Keen and Mutton

- 18/09/18

Re: Pedestrian Safety on the Pacific Highway, North Sydney

1. THAT Council work with the RMS to review pedestrian safety at all traffic

lights crossings on the Pacific Highway North Sydney.

2. THAT Council discuss with the RMS a reasonable amount of time to cross

taking into consideration different age groups.

COUNCIL – 24/09/18 NoM (24)

Background Over the years there have been a number of pedestrian concerns over the timing

of the traffic lights situated on the Pacific Highway in the North Sydney LGA.

The general concern is that there isn’t enough time to cross the intersections. A

number of traffic lights along the Pacific Highway are situated near the schools

and hospitals: North Sydney Demonstration School; Cammeraygal High

School; North Sydney Girls School and The Mater Hospital.

Just recently there was a fatality of a young man hit by a car crossing at the

corner of Herbert Street and the Pacific Highway in St Leonards. The general

community concern is increasing and request a review of the timing of the traffic

lights to accommodate different age groups including and not limited to: The

elderly, students, young families with children and prams.