st meeting of the north sydney council held on … · council held on tuesday, 14 june 2016....

N O R T H S Y D N E Y C O U N C I L

Minute Book Page No 140

This is Page No 140 of the Minutes of the 3681st Meeting of the North Sydney

Council held on Tuesday, 14 June 2016.

MINUTES: 3681st MEETING OF THE NORTH SYDNEY COUNCIL

HELD ON TUESDAY, 14 JUNE 2016 AT 7.00 PM.

PRESENT

The Mayor, Jilly Gibson, in the Chair, and Councillors Baker, Barbour, Beregi,

Bevan, Carr, Clare and Reymond.

An apology was received from Councillors Marchandeau and Morris.

At the commencement of business (7.05pm) those present were:

The Mayor, Jilly Gibson, in the Chair, and Councillors Baker, Barbour, Bevan, Clare

and Reymond.

The meeting was opened by the Mayor.

Councillor Bevan read the Acknowledgement of Country.

170. Matters Brought Forward at the Request of Members of the

Public Gallery

It was moved, seconded and carried -

THAT the following items be brought forward and dealt with at this stage:

CLS07: James Milson Village - Impact of Aged Care Reforms

(See Min. No.174)

PET01: Continue Speed Bumps - Sutherland Street, Cremorne

(See Min. No.175)

171. Minutes

The Minutes of the previous 3680th Council Meeting held on Monday, 16 May 2016,

copies of which had been previously circulated, were taken as read and confirmed.

The Motion was moved by Councillor Reymond and seconded by Councillor Bevan.

Voting was as follows: For/Against 6/0

COUNCIL - 14/06/16 Page (141)



Councillor Yes No Councillor Yes No

Gibson Y Beregi Absent

Reymond Y Barbour Y

Clare Y Morris Absent

Baker Y Marchandeau Absent

Carr Absent Bevan Y

172. Leave of Absence

Councillors Marchandeau and Morris have indicated their inability to attend the

Council meeting on 14 June 2016.

It is therefore recommended that Council grant leave of absence to Councillors

Marchandeau and Morris for the meeting of 14 June 2016.

The Motion was moved by Councillor Baker and seconded by Councillor Barbour.

RESOLVED:

1. THAT leave of absence be granted.

173. Declarations of Interest

Nil.

MATTERS BROUGHT FORWARD

174. CLS07: James Milson Village - Impact of Aged Care

Reforms

Report of Martin Ellis, Director, Community and Library Services

In response to a Council resolution, Councillors attended a briefing on 16 May 2016

by Stewart Brown, Chartered Accountants (extensively experienced in Aged Care,

Independent Living and James Milson Village in particular) regarding the current

environment of Aged Care Reform that James Milson Village is operating under, and

challenges which will need to be addressed, arising from:

• Its character as a standalone facility

• The departure from the Board of Uniting Care (the largest Aged Care

provider in Australia), and the loss of expertise that that entails

Local Government Act 1993: Section 23A Guidelines - Council Decision Making

During Merger Proposal Period.

The Guidelines have been considered in the preparation of this report and are not

applicable.

Recommending:

1. THAT Council writes to the Board of James Milson Village recommending that a

Governance and Board Skills audit be undertaken by an independent entity acceptable

to the Board and to Council, and that Council participates in the drafting of the brief.

2. THAT Council advises the Board of James Milson Village of the outcomes of the

market rent review for Council‟s share of the site, when available, and subsequently

opens discussions with the Board as to how the value of Council‟s contribution under

the lease is meeting, and can continue to assist the Board in meeting, its objectives

under the North Sydney Retirement Trust Constitution.

COUNCIL - 14/06/16 Page (142)



Mr McPherson addressed Council.

The Motion was moved by Councillor Reymond and seconded by Councillor Baker









3. THAT a further Councillor Workshop be convened to discuss matters arising from

the previous Councillor Briefing.

Note: Councillor Beregi arrived at 7.07pm during discussion of this item.

Note: Councillor Carr arrived at 7.09pm during discussion of this item.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:









3. THAT a further Councillor Workshop be convened to discuss matters arising from

the previous Councillor Briefing.

175. PET01: Continue Speed Bumps - Sutherland Street, Cremorne

Submitting a petition of 25 signatories (representing 58 voters):

Residents of Sutherland Street, Cremorne would like to continue the existing speed

bumps throughout Sutherland Street to normalise traffic and improve safety.

Mr King addressed Council.

The Motion was moved by Councillor Baker and seconded by Councillor Beregi

1. THAT Council accept the petition and refer it to Council‟s Director Engineering

and Property Services for consideration in the planning of the traffic calming works

as part of the separated cycleway.

COUNCIL - 14/06/16 Page (143)





Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council accept the petition and refer it to Council‟s Director Engineering

and Property Services for consideration in the planning of the traffic calming works

as part of the separated cycleway.

REPORTS

General Manager’s Office

176. GMO01: Matters Outstanding

Report of Ross McCreanor, Acting General Manager

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

meeting of 18 April 2016 is presented.




applicable.

Recommending:

1. THAT the report be received.

The Motion was moved by Councillor Beregi and seconded by Councillor Barbour


2. THAT Council congratulate Council staff on the achievement of a gold award at

the Australasia Reporting Awards last week.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


2. THAT Council congratulate Council staff on the achievement of a gold award at

the Australasia Reporting Awards last week.

COUNCIL - 14/06/16 Page (144)



177. GMO02: NSW State Government’s Reform Agenda for

Local Government - Update

Peter Coulton, Executive Officer, Organisational performance

This report provides an update on the NSW State Government‟s Council reform

agenda and provides a Submission for comment and endorsement by Council to the

Minister for Local Government.




applicable.

Recommending:


2. THAT the Submission to the Minister for Local Government be endorsed.

The Motion was moved by Councillor Baker and seconded by Councillor Beregi



3. THAT Council circulate a submission to the Precinct Committees for information.



Gibson N Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:



3. THAT Council circulate a submission to the Precinct Committees for information.

178. GMO03: Local Government Reform – Legal Proceedings

(Dealt with in Closed Session, see Min. No. 225)

City Strategy Division

Note: Items CiS01 to CiS11 (Min. No. 179 to 189) were voted on “en globo”.

179. CiS01: Amended Delivery Program 2013/14-2016/17 - Post

Exhibition

Report of Katrina Furjanic, Corporate Planning Co-ordinator

In accordance with legislative requirements Council is required to re-adopt its

Delivery Program annually in conjunction with adoption of each annual Operational

Plan and Budget.

The Draft Amended Delivery Program2013/14-2016/17/Operational Plan and Budget

COUNCIL - 14/06/16 Page (145)



2016/17 was reported to Council on 21 March 2016 whereby Council resolved to

exhibit the plan. The plan was publicly exhibited for 28 days from 24 March to 21

April 2016. During this period two submissions were received.

The purpose of this report is to adopt the proposed Amended Delivery Program

2013/14-2016/17/Operational Plan and Budget 2016/17 following its public

exhibition. No changes to the plan are recommended in response to the submissions

received, as outlined in this report.

Council is required to adopt the Amended Delivery Program 2013/14-2016/17 by 30

June 2016.

Printing and promotion associated with the Amended Delivery Program 2013/14-

2016/17 can be met from existing administrative budgets.



The Guidelines have been considered in the preparation of this report and satisfy the

requirements.

Recommending:

1. THAT having considered the submission and amendments detailed, Council

adopts the Amended Delivery Program 2013/14-2016/17 as attached to this report.

The Motion was moved by Councillor Baker and seconded by Councillor Gibson.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT having considered the submission and amendments detailed, Council

adopts the Amended Delivery Program 2013/14-2016/17 as attached to this report.

180. CiS02: Amended Resourcing Strategy 2013-2023 - Post

Exhibition

Report of Jenny Gleeson, Manager Integrated Planning and Special Projects Darren

Goode, Manager Accounting Services

Council is required to re-adopt its Resourcing Strategy by 30 June annually in

accordance with legislative requirements. The Draft Amended Resourcing Strategy

2013-2023 was reported to Council on 18 April 2016 whereby Council resolved to

exhibit the draft Amended Strategy.

The Long Term Financial Plan (LTFP) component of the Resourcing Strategy has

been updated in conjunction with preparation of the 2016/17 Operational Plan.

Additionally parts of the Asset Management Strategy and Workforce Management

Strategy components have also been updated.

The Amended Strategy was publicly exhibited for 28 days from 21 April to 16 May

2016. During this period no submissions were received.

The amended figures within Attachment 1 are reflective of actual results and/or the

proposed 2016/17 budget (post exhibition), which is concurrently reported to Council

on 14 June 2016.

Printing and promotion associated with the Amended Delivery Program 2013/14-

2016/17 can be met from existing administrative budgets.

COUNCIL - 14/06/16 Page (146)






requirements.

Recommending:

1. THAT the Amended Resourcing Strategy 2013-2023 be adopted (post exhibition)

and the previous version (May 2015) be replaced.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the Amended Resourcing Strategy 2013-2023 be adopted (post exhibition)

and the previous version (May 2015) be replaced.

181. CiS03: Draft Amendment to NSDCP 2013 - Implementing

Education Precinct Planning Study (2013) and St

Leonards/Crows Nest Planning Study - Precincts 2&3 (2015) -

Post Exhibition Report

Report of Katerina Pikoulas, Graduate Strategic Planner

On 21 March 2016, Council resolved to adopt a draft amendment to North Sydney

Development Control Plan 2013 (NSDCP 2013) for the purposes of public

exhibition. The draft amendment is informed by the Education Precinct Planning

Study adopted by Council on 19 August 2013 and St Leonards/Crows Nest Planning

Study Precincts 2&3 adopted by Council on 18 May 2015.

The planning studies recommend a number of principles be adopted and formalised to

guide and inform the consideration of any future development proposals that propose

to contribute to the delivery of the study‟s objectives. The draft amendment to

NSDCP 2013 reflects these recommended principles.

The draft amendment to NSDCP 2013 was placed on public exhibition for a period of

28 days, from Thursday 21 April 2016 to Wednesday 18 May 2016. Council received

a total of five (5) submissions during the exhibition period, three (3) relating to the

Education Precinct and two (2) that also addressed St Leonards Precincts 2 & 3. Two

(2) submissions supported the intent of the draft DCP amendments and three (3)

submissions requested further changes in relation to:

Locality boundaries

Alignment with Conservation Management Plan and Concept Approval for

the Graythwaite site;

Street activation provisions

Through-site link provisions

Scale, massing and bulk provisions

As a result of the submissions, a number of minor amendments to the exhibited

documents are recommended. The submissions, staff responses and recommendations

are contained within the submissions summary table (refer to Attachment 1).

COUNCIL - 14/06/16 Page (147)



This report seeks Council‟s resolution to adopt the recommendations made resulting

from public submissions and adopt the amended draft documents (refer to Attachment

2).




applicable.

Recommending:

1. THAT Council note the results of the exhibition of the draft DCP amendment.

2. THAT Council adopt the draft amendments to North Sydney Development Control

Plan 2013 as attached to this report (Attachment 2).

3. THAT public notice of the amendments to North Sydney Development Control

Plan 2013 be given.

4. THAT all submitters be notified of Council‟s decision and thanked for their

submissions.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council note the results of the exhibition of the draft DCP amendment.

2. THAT Council adopt the draft amendments to North Sydney Development Control

Plan 2013 as attached to this report (Attachment 2).

3. THAT public notice of the amendments to North Sydney Development Control

Plan 2013 be given.

4. THAT all submitters be notified of Council‟s decision and thanked for their

submissions.

182. CiS04: Ward Street Precinct Masterplan

Report of Scott Williamson, Senior Strategic Planner

The Ward Street Precinct forms the northern end of North Sydney Centre. The

precinct supports a mix of privately owned commercial, mixed use and residential

development. It also contains the Ward and Harnett Street car parks, which are in

Council ownership.

The precinct is presently undergoing or will soon see, significant and transformational

changes, triggered by:

The return of the Ward Street car park to Council control in 2020;

The proposed Victoria Cross Metro Station; and

Strong ongoing private development interest within the block.

This is a unique opportunity for Council to encourage positive change within the

greater North Sydney Centre. To take advantage of this opportunity, Council must

have a coherent vision in place for the precinct.

The preparation of a masterplan for the Ward Street Precinct will ensure that Council

can apply an informed strategic approach to future redevelopment in the area. The

masterplan will guide our future planning, asset management and community

COUNCIL - 14/06/16 Page (148)



infrastructure decisions, whilst giving necessary clarity to various stakeholders.

The site offers a potential source of significant income to be derived from its

redevelopment. Whilst this must be balanced with Council‟s outstanding community

infrastructure needs, a key driver will continue to be an economically viable outcome.

Funding for the preparation of the masterplan is included in the adopted 2015/16

budget.

Comment by Responsible Accounting Officer:




applicable as this represents an existing endorsed and funded project identified in the

Community Strategic Plan 2013-2023.

Recommending:

1. THAT Council note the preparation of a masterplan for the Ward Street Precinct in

accordance with the project identified in the Community Strategic Plan 2013-2023.

2. THAT Council incorporate the relevant outcomes of the Ward Street Precinct

Masterplan into any future update of Council‟s Delivery Program, in order to

contribute to the outcomes in the Community Strategic Plan 2013-2023.

3. THAT Council note that financial return is a key driver to this project.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council note the preparation of a masterplan for the Ward Street Precinct in

accordance with the project identified in the Community Strategic Plan 2013-2023.

2. THAT Council incorporate the relevant outcomes of the Ward Street Precinct

Masterplan into any future update of Council‟s Delivery Program, in order to

contribute to the outcomes in the Community Strategic Plan 2013-2023.

3. THAT Council note that financial return is a key driver to this project.

183. CiS05: Community Uses on Council Land Study - Post-

exhibition Report

Report of Scott Williamson, Senior Strategic Planner - Urban Design

On 21 March 2016, Council resolved to place concept options for three (3) Council

owned assets on public exhibition. The concept options respond to a previous

resolution of Council that requested opportunities be identified to enhance provision

of community uses on existing Council owned land. The resolution requires

identification of opportunities as well as development of concept designs and

associated feasibilities.

The recently exhibited concept options seek to implement an asset planning strategy

for the potential future use of three (3) sites inclusive of the Barry Street car park,

Neutral Bay Community Centre and Holtermann Street car park. A variety of

community use options were envisaged in the case of each site. Options for various

uses were developed out of a review of Council‟s adopted policy regime, ensuring

COUNCIL - 14/06/16 Page (149)



concepts address specific and defined community needs.

The concept designs are intended only to identify future options available to Council

to enhance its community assets as a basis for wider discussion. There is presently no

detailed design or development application seeking to implement the concept designs.

Exhibition occurred between 21 April and 23 May 2016. A total of 25 submissions

were received across the three (3) sites. The general theme of submissions was

supportive of provision of new community facilities and many submissions

complemented Council on the initiative. Some recurring concerns raised included

potential for loss of parking, amenity concerns to immediate neighbours and where

residential uses were contemplated, the possibility of a loss of community land in

perpetuity.

Following an assessment of the community feedback received, advice of stakeholders

and Council‟s Design Excellence Panel, as well as design and feasibility information,

staff have now identified preferred options for each site as follows:

Barry Street car park: Concept option 2; comprising community and

recreation functions with compliant building height is preferred. This option

presents a high level of versatility and the ability for the site to remain in

community control. Concerns raised during exhibition over impacts to nearby

residential amenity can be addressed during any future detailed design phase.

Neutral Bay Community Centre: Community support for any upgrade of

the Neutral Bay Community Centre was strong. The concept options are not

mutually exclusive and therefore, in maximising the potential for an upgrade

to occur, it is recommended both options form part of a long term strategy for

the asset.

Holtermann Street car park: Support for rooftop facilities was received,

often accompanied by concerns over parking. Amenity impacts to a nearby

residential building were also a concern. Both options present substantial

public benefit gain and are not mutually exclusive. It is recommended both

options form part of a future strategy for the asset. Concerns raised during

exhibition over parking and residential amenity can be addressed during a

detailed design phase.

This report seeks adoption by Council of each of the recommended concepts as a

future infrastructure strategy for each site.

It is anticipated that following the adoption of strategies for each site, a funding plan

would need to be developed, followed by detailed design. Both Planning Proposal

and Development Application processes would then need to be undertaken.

The concepts presented within this report and the wider Community Uses on Council

Land project present a proactive attempt of Council to address the established

ongoing needs of its community.

For the benefit of Council's standing within the wider District Planning process, it

would be prudent to refer the strategy outcomes of the Community Uses on Council

Land study, including previous decisions regarding Ridge Street car park and Hume

Street park, to the Greater Sydney Commission for its consideration in the

development of the District Plan.

This report is concerned with establishing a vision for the future of the Barry Street

car park, Neutral Bay Community Centre and Holtermann Street car park sites.

Funding for detailed design to DA stage and construction has not been established.






Recommending:

1. THAT Council write to community members who made submissions, thanking

COUNCIL - 14/06/16 Page (150)



them for their input into the ongoing development of Council‟s community

infrastructure planning.

2. THAT Council adopt in principle concept option 2 with a compliant height as the

preferred future development strategy for the Barry Street car park site.

3. THAT Council adopt in principle, both options exhibited for the Neutral Bay

Community Centre site as the preferred future development strategy.

4. THAT Council adopt in principle, both concept options for the future use of the

rooftop space at Holtermann Street car park as the preferred future development

strategy.

5. THAT where funding opportunities arise, each of the preferred strategies be

progressed to detailed design, with Local Environmental Plan and Development

Control Plan amendments prepared where necessary to facilitate the development of

each individual project.

6. THAT Council refer the adopted concept strategies of the Community Uses on

Council Land project, including previous decisions relating to Ridge Street and Hume

Street sites, to the Greater Sydney Commission for its consideration against the

regional objectives set for the North Sydney community, within the ongoing District

Planning process.

7. THAT Council incorporate the strategy recommendations of the Community Uses

on Council Land Study, including previous decisions relating to Ridge Street and

Hume Street sites, into any future update of Council‟s Delivery Program.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council write to community members who made submissions, thanking

them for their input into the ongoing development of Council‟s community

infrastructure planning.

2. THAT Council adopt in principle concept option 2 with a compliant height as the

preferred future development strategy for the Barry Street car park site.

3. THAT Council adopt in principle, both options exhibited for the Neutral Bay

Community Centre site as the preferred future development strategy.

4. THAT Council adopt in principle, both concept options for the future use of the

rooftop space at Holtermann Street car park as the preferred future development

strategy.

5. THAT where funding opportunities arise, each of the preferred strategies be

progressed to detailed design, with Local Environmental Plan and Development

Control Plan amendments prepared where necessary to facilitate the development of

each individual project.

6. THAT Council refer the adopted concept strategies of the Community Uses on

Council Land project, including previous decisions relating to Ridge Street and Hume

Street sites, to the Greater Sydney Commission for its consideration against the

regional objectives set for the North Sydney community, within the ongoing District

Planning process.

7. THAT Council incorporate the strategy recommendations of the Community Uses

on Council Land Study, including previous decisions relating to Ridge Street and

COUNCIL - 14/06/16 Page (151)



Hume Street sites, into any future update of Council‟s Delivery Program.

184. CiS06: Regulatory Framework for Events - Gateway

Determination

Report of Marcelo Occhiuzzi, Manager Strategic Planning

North Sydney Council has a rich history of conducting and facilitating events on

public land. Events have the capacity to contribute to the social, cultural, intellectual

and physical wellbeing of local and wider communities. Council‟s regulatory

framework has at times, however, created difficulties for parties including Council,

wishing to conduct events.

Council considered reports on 19 October and 19 November 2015 regarding a

proposed change to the regulatory approach to conducting and facilitating events on

public land. At those meetings, Council endorsed a draft Planning Proposal to

identify events as “exempt development” as well as adopting a Public Event Policy

and Guideline for such activities.

Following Council‟s endorsement of the draft Planning Proposal, the usual referral to

the Department of Planning and Environment (DPE) occurred, seeking a “Gateway

Determination” to facilitate the public exhibition of the Plan. The DPE raised various

issues with the draft Proposal and after a period of discussion between Council and

the Department, a Gateway Determination was finally issued on 20 April 2016.

The DPE‟s advice requires that certain conditions be included in the Planning

Proposal to ensure that the size, extent and timeframes of events be pre determined

before being considered as exempt development. The Determination has also

required that any reference to permits be removed from the Planning Proposal.

This report recommends that Council endorse an amendment to the Planning Proposal

which includes various additional limits as requested by the Department. The

proposed amendment recommends the removal of the reference to permits being

issued by Council. The result of these amendments is not significant and this report

recommends that Council proceed with the amended Planning Proposal and exhibit it

concurrently with the Public Event Policy and Guideline previously endorsed by

Council on 19 October 2015.




applicable.

Recommending:

1. THAT Council resolves to adopt the amendments to the Planning Proposal as

discussed in this report and forward it to the Department of Planning and

Environment (DPE) as required by the Gateway Determination issued by the

Department on 20 April 2016.

2. THAT the previously endorsed Public Event Guidelines be amended to make

reference to Council‟s “Sustainable Public Events” policy.

3. THAT the Planning Proposal, once endorsed by the DPE, be publically exhibited

in the usual manner concurrently with the previously adopted Public Event Policy and

Guideline.

4. THAT the General Manager be given delegated authority to approve any further

minor amendment required to the Planning Proposal by the DPE prior to exhibition.



COUNCIL - 14/06/16 Page (152)




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council resolves to adopt the amendments to the Planning Proposal as

discussed in this report and forward it to the Department of Planning and

Environment (DPE) as required by the Gateway Determination issued by the

Department on 20 April 2016.

2. THAT the previously endorsed Public Event Guidelines be amended to make

reference to Council‟s “Sustainable Public Events” policy.

3. THAT the Planning Proposal, once endorsed by the DPE, be publically exhibited

in the usual manner concurrently with the previously adopted Public Event Policy and

Guideline.

4. THAT the General Manager be given delegated authority to approve any further

minor amendment required to the Planning Proposal by the DPE prior to exhibition.

185. CiS07: Crows Nest Planning Study (Metro) - Consultation

Findings

Report of Mark Yee, Strategic Planner

On 15 February 2016, Council supported the commencement of a consultation

process for the „Crows Nest Planning Study‟. The study was launched to identify and

manage growth pressure associated with the delivery of the proposed Metro Station at

Crows Nest and also identify public benefits to support such growth.

An extensive consultation process was undertaken from 17 March to 20 May 2016, to

help define the scope of the study as well inform the community of the work being

done by Council.

A survey was the focus of the consultation. Correspondence was sent to over 9,000

local residents/landowners in the study area (including a number of residents from

Lane Cove and Willoughby Councils) notifying them of the survey. To encourage a

greater response rate, a reply-paid envelope was included in all correspondence.

There was overwhelming response from the community, with over 1000 completions

of the survey. Approximately 80% of responses were from residents in the area.

After analysis of the responses to the surveys, a number of key principles for the

study were developed as follows:

- Maintain and enhance the village atmosphere in Crows Nest

- Maintain and enhance access to amenities

- Proactively manage development pressure

- Provide public benefit

- A greater focus on sustainable transport

It is recommended that Council note the feedback from the consultation and now

move into Stage 2 of the Crows Nest Planning Study to develop options for growth

taking into account the feedback received.




applicable.

Recommending:

1. THAT Council notes the feedback and the key themes from the Stage 1

consultation of the Crows Nest Planning Study.

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2. THAT Council proceeds to Stage 2 of the Crows Nest Planning Study taking into

account the stakeholder feedback received.

3. THAT Council seek funding from the State Government for the development of

the Crows Nest Planning Study.

4. THAT Council includes the Crows Nest Planning Study in the Delivery Program.

5. THAT Council notes the risks associated with any future imposition of a State

Infrastructure Contribution from the NSW Government in potentially undermining

identified local benefit that may be captured from future private development within

the precinct.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council notes the feedback and the key themes from the Stage 1

consultation of the Crows Nest Planning Study.

2. THAT Council proceeds to Stage 2 of the Crows Nest Planning Study taking into

account the stakeholder feedback received.

3. THAT Council seek funding from the State Government for the development of

the Crows Nest Planning Study.

4. THAT Council includes the Crows Nest Planning Study in the Delivery Program.

5. THAT Council notes the risks associated with any future imposition of a State

Infrastructure Contribution from the NSW Government in potentially undermining

identified local benefit that may be captured from future private development within

the precinct.

186. CiS08: Planning Proposal - Building Heights

Report of Ben Boyd, Executive Strategic Planner

Since the commencement of North Sydney Local Environmental Plan 2013 (NSLEP

2013), Council staff have identified:

• A number of anomalies with the Height of Buildings Map which require

correction;

• Confusion by both Council staff and applicants in applying single storey

height controls as viewed from a public street frontage; and

• A large number of development applications seeking variations to the

maximum building height controls on land having an area less than 230sqm being

referred to the North Sydney Independent Planning Panel (NSIPP) for determination.

In response to these issues, a Planning Proposal has been prepared to amend NSLEP

2013 to correct obvious errors on the Height of Buildings Map and to improve the

application and interpretation of planning controls relating to building height. In

particular, the Planning Proposal seeks to:

• Correct the colours on the legend and main part of the map to the Height of

Buildings Map, consistent with the DPE‟s Standard Technical Requirements

for Spatial Datasets and Maps (30 November 2015);

COUNCIL - 14/06/16 Page (154)



• Remove the maximum building height controls from the following road

reserves:

o Harriet Lane, Neutral Bay;

o Balls Head Road, Waverton;

o The Avenue, North Sydney;

o Gas Lane, North Sydney;

o High Street, North Sydney;

o Hill Street, North Sydney;

o McDonald Lane, North Sydney

• Remove the maximum building height controls from the following public

open space reserves:

o Mater Gardens, 194 Pacific Highway, Wollstonecraft

• Impose a maximum building height of 8.5m on land at 124 Alexander Street,

Crows Nest;

• Impose a maximum building height of 10m on land at 74 McDougall Street,

Kirribilli; and

• Deleting clauses 4.3(2A) and 4.3(2B) in their entirety.

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.




applicable.

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.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

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.

COUNCIL - 14/06/16 Page (155)



187. CiS09: Planning Proposal and VPA - 31-33 Albany Street,

Crows Nest

Report of Marcelo Occhiuzzi, Manager Strategic Planning

At its meeting on 19 October 2015, Council resolved to support a draft Planning

Proposal for the site at 31-33 Albany Street, Crows Nest and refer it to the

Department of Planning and Environment (DPE) for a Gateway Determination to

enable its public exhibition. The Planning Proposal was accompanied by a Voluntary

Planning Agreement comprising a cash contribution ($1.15M) towards public open

space in Crows Nest. Both the Planning Proposal and VPA are consistent with the St

Leonards/Crows Nest Planning Study - Precinct 1, which was adopted by Council in

October 2012.

Council subsequently received a Gateway Determination from the DPE on 2 February

2016 (Attachment 1), outlining that the Planning Proposal could proceed subject to

certain conditions. Two of these conditions were unusual in that they introduced a

significant level of uncertainty to the process. Condition 1b, in particular, is an open

ended, undefined additional State Infrastructure Contribution (SIC) monetary charge

that represents an additional unanticipated monetary impost. Council at its meeting

on 21 March 2016 resolved that a formal review challenging these conditions, be

submitted to the Department. The DPE has yet to assess and report on this review. In

the meantime, the Planning Proposal and accompanying open space contribution are

at risk of not proceeding.

Both these conditions are contingent on a draft or final strategic review of St

Leonards being conducted by the DPE. There is no sign that this work has gained

any traction since it was first mooted in mid 2015. It is considered that for this

Planning Proposal, the risk of actually incurring a State Infrastructure Contribution is

very low. In this context and in the interests of realising the negotiated contribution

towards open space in Crows Nest, the exhibition of the Planning Proposal has

proceeded. This is on the basis that the previously lodged review is also exhibited

and that further representations on behalf of the community, be made to the Minister

regarding the impact of the SIC on the capacity of developers to continue to fund

important local infrastructure through VPAs which is a critical component of each of

the local growth plans adopted by Council.

At the time of writing, the public exhibition of the Planning Proposal and

accompanying VPA was planned to commence on 9 June 2016. It was to be

accompanied by Council‟s submission objecting to the additional conditions imposed

and a “plain English” version of the implications of the imposition of a SIC on the

capacity of Council to realise its public benefit aspirations for St Leonards/Crows

Nest. This way, the wider community will have an opportunity to comment on the

notion of the imposition of a SIC at the potential expense of a thoughtful, community

scrutinised, developer funded and adopted public benefit regime that is directly

related to development and growth. Council officers will continue to push for the

protection of Council‟s endorsed public benefit plans to be realised and not be

undermined by a SIC. The exhibition has therefore been tailored to seek community

input into this important issue.

The financial implications associated with not proceeding with the Planning Proposal

and VPA are monetary contributions of $1.15M towards open space in Crows Nest.




applicable.

Recommending:


2. THAT Council continues to push for the protection of Council‟s capacity to

COUNCIL - 14/06/16 Page (156)



deliver developer funded public benefit plans for St Leonards/Crows Nest associated

with growth in these precincts and not be allowed to be undermined by a planned

NSW Government imposed “State Infrastructure Contribution”.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


2. THAT Council continues to push for the protection of Council‟s capacity to

deliver developer funded public benefit plans for St Leonards/Crows Nest associated

with growth in these precincts and not be allowed to be undermined by a planned

NSW Government imposed “State Infrastructure Contribution”.

188. CiS10: North Sydney Economic Development Strategy

Report of Mark Yee, Strategic Planner - Policy

North Sydney is one of the NSW‟s most economically important areas, forming part

of Global Sydney and the Global Economic Corridor under the NSW State

Government strategy „A Plan for Growing Sydney‟ (2014). To maintain and enhance

this status, Council has developed the „North Sydney Economic Development

Strategy‟ to set a clear vision for economic growth and identify strategies to achieve

this growth.

The strategy was completed by the economic consultant SGS Economics and

Planning. The development of the strategy included extensive consultation with the

community and key stakeholders. This consultation was valuable in defining the

scope of the strategy as well as to highlight key issues.

The strategy developed a clear vision for each of the commercial centres in the North

Sydney Local Government Area. These visions identify how Council will lead in

promoting economic growth by identifying opportunities for each centre as well as

specifying how Council can address specific ongoing issues.

Supporting the vision is a series of strategies, with a number of corresponding actions

under each strategy. These strategies/actions provide the opportunity to expand

Council‟s role in economic development as well as address existing issues.

The strategy has utilised a detailed framework for developing a comprehensive range

of strategies. This framework includes strategies based on Council‟s core functions

such as such as public domain upgrades to improve amenity for workers. Importantly

the framework also identifies new roles for Council in economic development such as

establishing a new hub for small business in North Sydney and providing support for

start-ups and entrepreneurs. This expansion of Council services in economic

development will be vital for fostering innovation and promoting North Sydney

Council as a leader in economic development.

This comprehensive approach ensures that Council is a leader in capitalising on

emerging economic trends but also retains its focus on the existing core functions to

influence economic development.

The implementation of the Economic Development Strategy will be the key to its

COUNCIL - 14/06/16 Page (157)



success and will require a commitment/co-ordination from various teams/departments

within Council. One of the key strategies is to include dedicated Council staff focused

on economic development and place-making. This will allow Council to expand its

role in economic development and also provide a direct contact to businesses and

stakeholders.

It is recommended that Council note the draft Economic Development Strategy and

place it on public exhibition.

The Economic Development Strategy is an aspirational document. Many of the

actions and recommendations can be accommodated within existing budgets and

resourcing. It is important to note, however, that the actions included in the draft

Strategy have not been fully costed at this stage and the pursuit of individual actions

that have additional cost implications will need to be the subject of future budget

bids.




applicable.

Recommending:

1. THAT Council note the draft Economic Development Strategy and place it on

public exhibition for a period of 28 days with a future report to Council following this

process.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council note the draft Economic Development Strategy and place it on

public exhibition for a period of 28 days with a future report to Council following this

process.

189. CiS11: Balls Head Coal Loader Wharf - Nomination on

the State Heritage Register and Application for an Interim

Heritage Order

Report of Stephen Beattie, Manager Development Services

This report has been prepared in response to recent correspondence from the RMS

indicating their intention to demolish the Balls Head Coal Loader Wharf in its

entirety, due to safety risks posed by the deteriorating structure. The RMS is currently

preparing a Review of Environmental Factors for the full removal of the wharf.

The Coal Loader Wharf is currently listed as a heritage item within NSLEP

2013.However, the Coal Loader Wharf was assessed as having heritage significance

at State level in the Waverton Peninsular Industrial Sites Conservation Management

Plan 2000. This matter was extensively discussed in the Report of David Banbury,

Landscape Architect which was considered by Council at its December 2015 meeting.

The Office of Environment and Heritage advised Council, in a letter dated 27 January

2016, that if a detailed study of the subject item concludes that it may be of state

COUNCIL - 14/06/16 Page (158)



significance, consideration should be given to its nomination on the State Heritage

Register.

In light of the current RMS proposal to demolish the wharf in its entirety, it is now

considered appropriate that the nomination for listing on the State Heritage Register

be expedited, in order to ensure the best possible conservation outcome for the Wharf.

Full demolition of the wharf, with no retention of fabric, is considered to be the worst

possible outcome for the wharf, in heritage terms.

Council has recently engaged a heritage architect and engineer to review the

significance and condition of the wharf, and provide advice as the current level of

significance, detailed analysis of its current condition, and appropriate course of

action. The consultant has concluded that the Wharf is of State Significance for its

historic, associative, aesthetic and technical values. It has been assessed to have high

comparative significance values, and is considered to make a high contribution to the

heritage significance of the Coal Loader site as a whole. These reports are attached

for Councils information.

The consultant has provided a DRAFT State Heritage Register Nomination Form for

the Wharf.

Given the immediate threat to the Wharf by the proposed demolition, the Heritage

Office has also recommended that Council request that the Heritage Council consider

placing an Interim Heritage Order on the Wharf to protect the structure while the

Nomination for State Listing is being considered.

There are no costs to North Sydney Council resulting from the nomination of the

Coal Loader Wharf on the State Heritage Register, or the application for an Interim

Heritage Order.




applicable.

Recommending:


2. THAT Council resolve to nominate the Balls Head Coal Loader Wharf on the

State Heritage Register.

3. THAT Council resolve to apply to the Heritage Council for an Interim Heritage

Order on the Balls Head Coal Loader Wharf.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


2. THAT Council resolve to nominate the Balls Head Coal Loader Wharf on the

State Heritage Register.

3. THAT Council resolve to apply to the Heritage Council for an Interim Heritage

Order on the Balls Head Coal Loader Wharf.

COUNCIL - 14/06/16 Page (159)



Community & Library Services Division

Note: Items CLS01 to CLS06 and CLS08 (Min. No. 190 to 195 and 197) were voted

on “en globo”.

190. CLS01: Primrose Park Art and Craft Centre - Access

Works

Report of Martin Ellis, Director Community and Library Services

Of all Council‟s community facilities, the most significant non compliance for Access

is the Art and Craft Centre. Staff have been consulting with an architect experienced

in adaptive reuse of industrial buildings, and with the Board of the Centre. Objectives

in addition to making the Centre accessible include; expansion of exhibition space,

limiting any impact on the car park and presenting the building in its best light from a

heritage point of view. Currently the building has all but one of its windows blocked

up, is inaccessible from both the car park level and the playing field level and has no

accessible toilet.

Funds have been allocated in the 2016/17 estimates for construction. Funds are

available in current year for sketch design and surveyor fees.


Funding for the project is appropriate.




applicable.

Recommending:

1. THAT fee proposals be sought for a development application for an accessible Art

and Craft Centre at Primrose Park.

2. THAT quantity survey estimate be sought to confirm the budgeted amount for the

works.

The Motion was moved by Councillor Barbour and seconded by Councillor

Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT fee proposals be sought for a development application for an accessible Art

and Craft Centre at Primrose Park.

2. THAT quantity survey estimate be sought to confirm the budgeted amount for the

works.

191. CLS02: Adoption of Community Grants and Subsidies

2016-17

Report of Martin Ellis, Director, Community and Library Services

COUNCIL - 14/06/16 Page (160)



The purpose of this report is to adopt the Community Grants and Subsidies 2016-17

following their public exhibition.

The recommendations are provided for in Year 4 of the adopted Delivery Plan.






applicable.

Recommending:

1. THAT Council adopts the Community Grants and Subsidies 2016-17 as provided

with this report.


Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council adopts the Community Grants and Subsidies 2016-17 as provided

with this report.

192. CLS03: Shorelink Estimates 2016/17

Report of Rebecca Aukim, Manager Library Services

This report presents the Estimates for Shorelink Library Network, 2016/17.

North Sydney‟s contribution is provided for in the Estimates that have recently

completed public exhibition.




applicable.

Recommending:

1. THAT the Shorelink Estimates for 2016/17 be adopted.


Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

COUNCIL - 14/06/16 Page (161)



RESOLVED:

1. THAT the Shorelink Estimates for 2016/17 be adopted.

193. CLS04: Library Matters: October 2015 - May 2016

Report of Rebecca Aukim, Manager Library Services

In recent months the library has focused on a range of strategic issues, predominantly

the Stanton Library Masterplan 2015-2020. The Quantity Surveyor calculates a total

of $3.049 million. This amount includes all work to the existing building and

structural work to allow for an increase of 500sqm. Calculations include demolition,

hydraulic, mechanical, electrical, furniture and fittings; and are based on sequential

work, allowing for the library to continue to operate during construction.

In Historical Services, the „At Home in North Sydney‟ database has won the 2016

National Trust Heritage Award for multimedia; and Nutcote Museum is about to re-

open to the public following renovations.

Children‟s library staff, have launched Stanton‟s inaugural Comic Con-versation: a

week in July celebrating the best of local comic culture with events, exhibitions and

talks across Sydney libraries.

It is recommended that the cost estimates for the library masterplan be included in

Council‟s Long Term Financial Plan. Nutcote works are fully funded in the Estimates

for this year.


Funding for the projects is appropriate.




applicable.

Recommending:

1. THAT the cost estimates for the library masterplan be included in Council‟s Long

Term Financial Plan.


Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the cost estimates for the library masterplan be included in Council‟s Long

Term Financial Plan.

194. CLS05: Early Childhood Centre, Crows Nest & Parraween

Street Car Park project

Report of Martin Ellis, Director Community and Library Services

As part of the Parraween Street Car Park proposal, Council will temporarily (for 18

months to 2 years) move the existing four Cremorne nurses to the top Level of the

COUNCIL - 14/06/16 Page (162)



Crows Nest Centre. This building already accommodates, on Level 2, the three Crows

Nest nurses delivering the same services. While the Parraween Street project, which

will provide for five nurses, is currently delayed, it is nevertheless proposed that:

• The temporary accommodation on the top level of the Crows Nest Centre be

made permanent and the three Crows Nest Centre nurses relocate into it.

They would be joined by one of the four Cremorne nurses, so that the space is

fully utilized.

• The vacated (small) Early Childhood centre on level 2 would be returned to

the Crows Nest Centre to manage, on condition that the fittings (each

consulting room has a sink) remain in place to allow for the future temporary

accommodation of the remaining three Cremorne nurses when the Parraween

Street Project starts.

The existing Level 2 Early Childhood centre does not meet requirements in many

respects, so the outcomes of the above move will be of immediate, significant benefit

to the parents, children and nurses.

The new Level 4 Early Childhood Centre, even though fully compliant, will only

require some two thirds of the space. Council will recall that the balance of the space

is set aside for the Carers‟ program which will vacate Bradfield Park Community

Centre at the end of June 2016.

All costs are funded from existing allocations and reserves.






applicable.

Recommending:

1. THAT Council seeks tenders for construction for an adaptive fit-out of Level 4 of

the Crows Nest Centre as shown in the plans provided.

2. THAT the adopted Financial Model for the Parraween Street car park project be

amended to include a contribution from Section 94 Child Care reserves, noting the

children services being provided on the site.

3. THAT Council notes the joint management of the community portion of Level 4 of

the Crows Nest Centre (CNC) by the CNC Board and the Board (from Kirribilli

Neighbourhood Centre) of the relocated Carers‟ Program at Bradfield Park

Community Centre, and on this basis,

4.THAT Council amends the existing lease with the Crows Nest Centre to allow for

an appropriate community use of the Level 4 spaces on the plans provided marked

“MEETING ROOM” and “EXISTING OFFICE”, and of the to be vacated Early

Child Centre on Level 2 of the Crows Nest Centre.


Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council seeks tenders for construction for an adaptive fit-out of Level 4 of

COUNCIL - 14/06/16 Page (163)



the Crows Nest Centre as shown in the plans provided.

2. THAT the adopted Financial Model for the Parraween Street car park project be

amended to include a contribution from Section 94 Child Care reserves, noting the

children services being provided on the site.

3. THAT Council notes the joint management of the community portion of Level 4 of

the Crows Nest Centre (CNC) by the CNC Board and the Board (from Kirribilli

Neighbourhood Centre) of the relocated Carers‟ Program at Bradfield Park

Community Centre, and on this basis,

4.THAT Council amends the existing lease with the Crows Nest Centre to allow for

an appropriate community use of the Level 4 spaces on the plans provided marked

“MEETING ROOM” and “EXISTING OFFICE”, and of the to be vacated Early

Child Centre on Level 2 of the Crows Nest Centre.

195. CLS06: Youth Army - Progress Report

Report of Kate Rumpler, Youth Worker

This report provides an update about the Youth Volunteering program. Consultation

with staff in all Council Divisions has been completed. Youth volunteers in Council‟s

existing volunteer programs have been identified and a youth only database is being

developed. Advice from Council‟s Work Health and Safety Co-ordinator who advised

that children under 16 years of age need to be accompanied by a parent has been

accepted. The program therefore invites volunteers aged 16 and above to participate

in a wide range of opportunities to benefit and contribute to their local community. A

Facebook page is soon to launch, with promotion of further Council youth

volunteering opportunities commencing at this time.

A Communications Strategy proposing ongoing means of involving local school

children below the age of 16 in Council activity is provided with this report.

Working with Children checks $800.




applicable.

Recommending:

1. THAT the information be noted.


Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the information be noted.

196. CLS07: James Milson Village - Impact of Aged Care

Reforms

COUNCIL - 14/06/16 Page (164)



(Previously dealt with see Min. No. 174)

197. CLS08: Targeted Earlier Intervention Grant rolled over to

2016/17

Report of Helen Campbell, Manager, Community Development

Council‟s grants from the NSW Department of Family and Community Services

(FACS) are being renewed for 2016/17. They come with a “special condition”:

Contracting commitments with FACs are subject to change. In the case where policy

and program reform occurs during the contractual period, the existing contract can

be renegotiated with services to reflect new policy and program requirements. NS

district FACS is currently implementing a Targeted Early Intervention model: Ready

for Life - Ready for Success, which aims to break the cycle of disadvantage in

communities, through collaboration and integration across government, service

sector, academia and communities. NS FACS Community and Reform Team will be in

touch accordingly.”

This “special condition is not seen as any barrier to Council accepting the grants

which total $37,460.49 for 2016/17.

Comment by Responsible Accounting Officer: Funding for the project is appropriate.




applicable.

Recommending:

1. THAT Council hereby authorises its Official Seal to be affixed to the Program

Level Agreement with FACs, under the signature of the Mayor and the General

Manager.


Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council hereby authorises its Official Seal to be affixed to the Program

Level Agreement with FACs, under the signature of the Mayor and the General

Manager.

Corporate Services Division

198. CoS01

(No report)

COUNCIL - 14/06/16 Page (165)



Note: Items CoS02 to CoS05 (Min. No. 199 to 202) were voted on “en globo”.

199. CoS02: Investments and Loan Borrowings Held as at 31

May 2016

Report of Garry Ross, Manager Financial Services (Responsible Accounting Officer)

This report provides details of the performance of Council‟s investment portfolio for

the month of May 2016.

The portfolio provided an annualised return of 3.98% for the year to date as at 31

May 2016, 1.73% above the reportable benchmark (BBSW Bank Bill Index).

Council has commenced a $30 million debt facility and as at the 31 May 2016, has

drawn down $9.5 million for capital works projects.

Interest returns for the month ended 31 May 2016 remain consistently above the

benchmark. This was attributed to additional funds being made available for

investment and prudent selection and allocation of these funds to the financial

institutions which make up the investment portfolio.

Interest returns for this financial year reflect estimated available funds and predicted

expenditure of Council‟s reserves.

Council is exposed to interest rate risk whenever it borrows, regardless of whether the

interest rates are fixed or variable.


The 2015/16 budget estimates for returns from Council‟s investment portfolio has

been reviewed and was reported to Council in the March Quarterly Budget Review.

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:





Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


200. CoS03: Application for Citizen Membership

Report of David McQuade, Governance Co-ordinator

The purpose of this report is to inform the Reference Group of an application from

Mr Peter Mcnair for citizen membership.




applicable.

Recommending:

1. THAT the application from Mr Peter McNair for citizen membership of the

COUNCIL - 14/06/16 Page (166)



Sustainable Transport Reference Group be accepted.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the application from Mr Peter McNair for citizen membership of the

Sustainable Transport Reference Group be accepted.

201. CoS04: Survey Results: NTH SYD CBD Happiness Works

Here Program

Report of Katie Ward, Events Officer - Communications and Events

This report provides an overview of research recently carried out in the North Sydney

CBD to track the progress of the NTH SYD Happiness Works Here program. The

research was carried out by StollzNow Research in May 2016, a year after the

program launched. The results showed very positive sentiment to the CBD and good

awareness of the Happiness Works Here program.

Comment by Responsible Accounting Officer: Funding for the project is appropriate.




applicable.

Recommending:


2. THAT Council write to The Frost Collective to advise them of the survey results

and acknowledge the effectiveness of their strategy.

The Motion was moved by Councillor Baker and seconded by Councillor Gibson




3. THAT Council thank Events Staff for their excellent work in implementing the

North Sydney Happiness Works Here program.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

COUNCIL - 14/06/16 Page (167)



RESOLVED:




3. THAT Council thank Events Staff for their excellent work in implementing the

North Sydney Happiness Works Here program. The feedback is exceptional.

202. CoS05: Councillor Workshop - Finance: Actions Rising - 7

June 2016

Report of Garry Ross, Financial Services Manager

This report presents the actions arising from the Workshop held on 7 June 2016.

Actions arising will be addressed at the next Workshop.

Recommending:

1. THAT the summary of actions arising from the Councillor Workshop - Finance

held on 7 June 2016 be noted.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the summary of actions arising from the Councillor Workshop - Finance

held on 7 June 2016 be noted.

Engineering & Property Services Division

203. EPS01: Public Domain Upgrade Design of Mitchell St

Plaza - Tender 39/2016

Report of Adam Deutsch, Project Manager

Tenders were called and were received until 4:00pm, 5 May 2016 for the submission

of tenders to undertake Public Domain Design Upgrade of Mitchell St Plaza.

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 2015/16 and 2016/17 budgets.


During Merger Proposal Period


applicable.

Recommending:

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

39/2016 for Public Domain Design Upgrade of Mitchell St Plaza.

COUNCIL - 14/06/16 Page (168)



2. THAT Council hereby authorises its Official Seal to be affixed to Contract

39/2016 under 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.

The Motion was moved by Councillor Reymond and seconded by Councillor Bevan.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council accept the tender of Environmental Partnership NSW Pty Ltd for

Tender 39/2016 for Public Domain Design Upgrade of Mitchell St Plaza.







204. EPS02: Schedule of Rates Contract for Civil Works -

Tender 1/2017

Report of Ashraf Doureihi, Engineering Project Manager

Tenders were called and were received until 4pm on 10 May 2016 to undertake

repairs on Council‟s infrastructure properties and provide various services on

a schedule of rates basis over a two year period.

This report recommends the successful tenderers to be shortlisted on Council‟s Panel

to undertake civil works over the next two financial years.

Funding for this project is included in the adopted Delivery Program 2013/2014-

2016/17.





applicable.

Recommending:

1. THAT Council accept the short-list of tenderers as outlined in Table 1 of this

report for Tender 1/2017 - Schedule of Rates Contract for Civil Works.

2. THAT Council hereby authorises its Official Seal to be affixed to Contract 1/2017

under signature of the Mayor and the General Manager.





COUNCIL - 14/06/16 Page (169)



The Motion was moved by Councillor Reymond and seconded by Councillor

Barbour.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


report for Tender 1/2017 - Schedule of Rates Contract for Civil Works.







205. EPS03: Schedule of Rates Contract for Infrastructure

Property and Repair Services - Tender 2/2017


Tenders were called and were received until 4pm on 3 May 2016 to undertake repairs

on Council‟s infrastructure properties and provide various services on a schedule of

rates basis over a two year period.

This report recommends the successful tenderers to be shortlisted on Council‟s Panel

of contractors to undertake property works and provide various services over the next

two financial years.

Funding for this project is included in the adopted Delivery Program 2013/2014-

2016/17.





applicable.

Recommending:


report for Tender 2/2017 - Infrastructure Property and Repair Services.







The Motion was moved by Councillor Reymond and seconded by Councillor

Barbour.


COUNCIL - 14/06/16 Page (170)




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


report for Tender 2/2017 - Infrastructure Property and Repair Services.







206. EPS04: Submission of tenders for the Education Precinct -

Installation of Lighting - Contract 21/2016


Tenders were called and were received until 4 pm 19 May, 2016 for the submission of

tenders for the Education Precinct - Installation of Lighting



Funding for this project was included in the four year delivery program adopted by

Council.




applicable.

Recommending:


21/2016 for the Education Precinct - Installation of Lighting.







The Motion was moved by Councillor Baker and seconded by Councillor Barbour.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

COUNCIL - 14/06/16 Page (171)



RESOLVED:

1. THAT Council accept the tender of Bedrule Pty Ltd for Tender 21/2016 for the

Education Precinct - Installation of Lighting.







207. EPS05: Submission of tenders for the Brett Whiteley Place

Upgrade Works - Contract 19/2016


Tenders were called and were received until 4pm 24 May 2016 for the submission of

tenders to undertake Brett Whiteley Place Public Domain Upgrade Works.



Funding for these projects was included in the adopted 2016/17 budget.





applicable.

Recommending:

1. THAT Council accept the tender of the highest ranked Tenderer [4] for Separable

Portions 1 & 2 for Tender 19/2016 for Brett Whiteley Place Public Domain Upgrade.

2. THAT Council accept the tender of the highest ranked Tenderer [2] for Separable

Portion 4 for Tender 19/2016 for Brett Whiteley Place Public Domain Upgrade.







The Motion was moved by Councillor Bevan and seconded by Councillor Baker.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council accept the tender of Regal Innovations Pty Ltd for Tender 19/2016

for Brett Whiteley Place Public Domain Upgrade Works for Seperable Portions 1 and

2.

2. THAT Council accept the tender of CA&I Pty for Tender 19/2016 for Brett

Whiteley Place Public Domain Upgrade Works for Seperable Portion 4.

COUNCIL - 14/06/16 Page (172)









208. EPS06: Education Precinct - Napier St & Charles St Public

Domain Upgrade - 40/2016


Tenders were called and were received until 4:00pm, Tuesday 17th May 2016 for the

submission of tenders to undertake Education Precinct - Napier St & Charles St

Public Domain Upgrade



Funding for these projects was included in the adopted 2016/17 budget.




applicable.

Recommending:


40/2016 for Education Precinct - Napier St & Charles St Public Domain Upgrade.







The Motion was moved by Councillor Baker and seconded by Councillor Clare.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council accept the tender of Quality Management & Constructions Pty Ltd

for Tender 40/2016 for Education Precinct - Napier St & Charles St Public Domain

Upgrade, Seperable Portion 1 and Seperable Portion 2.







COUNCIL - 14/06/16 Page (173)



209. EPS07: St Thomas Rest Park Emergency Lighting

Replacement


Over the last four months three light poles in St Thomas Rest Park have fallen over

which has reduced overall lighting levels in the Park as well as causing a public

liability risk for Council. On inspection by a specialist consulting electrical and

lighting engineer, Council has been advised that the lights are in need of immediate

replacement to ensure lighting levels in the park are maintained and public safety is

not compromised.

Funding for this project is available in the adopted 2015/16 budget.




applicable.

Recommending:

1. THAT the 19 lights posts and mounting bolts in St Thomas Rest Park be replaced

immediately so that public safety is not compromised. The lights will be replaced

with new lighting stock as per the lights identified in Councils adopted Public

Domain Style Manual.

2. THAT, due to the urgent nature of the works, Council accepts a quote received

under the current Annual Schedule of Rates contact for Infrastructure, Property

Maintenance and Repair Services (2/2015), to under take the work.

The Motion was moved by Councillor Clare and seconded by Councillor Baker.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the 19 lights posts and mounting bolts in St Thomas Rest Park be replaced

immediately so that public safety is not compromised. The lights will be replaced

with new lighting stock as per the lights identified in Councils adopted Public

Domain Style Manual.

2. THAT, due to the urgent nature of the works, Council accepts a quote received

under the current Annual Schedule of Rates contact for Infrastructure, Property

Maintenance and Repair Services (2/2015), to under take the work.

Note: Items EPS08 to EPS10 (Min. No. 210 to 212) were voted on “en globo”.

210. EPS08 Sustainable Transport Reference Group - Minutes

30 May 2016

Report of David McQuade, Governance Co-Ordinator

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

Transport Reference Group held on 30 May 2016, for Council endorsement. The

minutes are attached for information.

COUNCIL - 14/06/16 Page (174)






requirements.

Recommending:

1. THAT the Update on Current Sustainable Transport Projects report be received.

2. THAT North Sydney Council investigate an alternative to WestConnex in line

with a 'Living Cities' approach that incorporates the sustainable transport objectives

of the Sustainable Transport Reference Group's Charter, with a view to formulating a

policy response.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the Update on Current Sustainable Transport Projects report be received.

2. THAT North Sydney Council investigate an alternative to WestConnex in line

with a 'Living Cities' approach that incorporates the sustainable transport objectives

of the Sustainable Transport Reference Group's Charter, with a view to formulating a

policy response.

211. EPS09: 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 27 May 2016.

Rental income to Council will be received in the Property Budget.




requirements.

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.



COUNCIL - 14/06/16 Page (175)




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

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.

212. EPS10: North Sydney Public Amenities Strategy and

Action Plan: Post Exhibition

Report of Risha Joseph, Property Officer

Council at its meeting on 17 November 2014 resolved in part,

“THAT Council resolves to undertake the development of a Public Amenities Strategy

and Action Plan for North Sydney Council. The Strategy and Action Plan will ensure

that Council has a strategic framework to continuously improve its network of public

amenities to ensure that they are placed in locations that best meet the community‟s

needs and are designed to meet best practice standards in terms of the following:

• Design Excellence

• Safety

• Accessibility

• Sustainability

• Maintenance

• Asset Management

• The incorporation of other compatible uses - “Multipurpose facilities”

The purpose of the development of the Strategy and Action Plan was to ensure that

Council has a framework to continuously improve its network of public amenities, to

ensure that they are placed in locations that best meet the community needs, and that

are designed to meet best practice standards in terms of Design Excellence, Safety,

Accessibility, Maintenance, Asset Management and the incorporation of other

compatible uses for multi-purposes facilities.

At its meeting on 21 March 2016, Council resolved that the draft North Sydney

Public Amenities Strategy and Action Plan be publicly exhibited for 28 days for

public comment.

The Community Consultation is now complete and all comments and

recommendations have been included into the final Strategy and Action Plan.

Funds are available from the Capital Works Reserve which has been set aside from

the 2015/2016 financial year budget.




requirements.

Recommending:

1. THAT Council notes the 2 submissions received on the public exhibition of the

draft North Sydney Public Amenities Strategy and Action Plan.

2. THAT Council adopts the North Sydney Public Amenities Strategy and Action

Plan.

COUNCIL - 14/06/16 Page (176)






Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council notes the 2 submissions received on the public exhibition of the

draft North Sydney Public Amenities Strategy and Action Plan.

2. THAT Council adopts the North Sydney Public Amenities Strategy and Action

Plan.

Open Space & Environmental Services Division

Note: Items OSE1, OSE05 and OSE06 (Min. No. 213, 217 and 218) were voted on

“en globo”.

213. OSE01: Container Deposit Scheme

Report of Bohdan Stechiwskyj, Waste Management Officer

In February, 2015, as part of its initiatives to reduce the volume of litter in NSW by

40% by 2020, the state government announced it would implement a Container

Deposit Scheme (CDS) by 1 July, 2017.

After reviewing case studies of schemes which operate in other jurisdictions and

following an extensive stakeholder consultation process, on 8 May, 2016 the

government announced the implementation of a 10 cent CDS effective 1 July, 2017.

Under the announced scheme, anyone who returns an empty eligible beverage

container to an approved NSW collection point/depot, including a reverse vending

machine, will be eligible for a 10 cent refund. Eligible beverage containers must be

between 150ml and 3 litres by volume and must display an approved NSW EPA CDS

label. The scheme is targeting away from home consumption; accordingly,

exemptions to the scheme will include wine, milk and fruit juice containers. The

refund under the scheme will be funded and administered by beverage suppliers who

bring the eligible containers into NSW whilst a scheme coordinator will oversee the

scheme‟s delivery.




applicable.

Recommending:




COUNCIL - 14/06/16 Page (177)




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


214. OSE02: Lease from Rail Corporation New South Wales for

the Wendy Whiteley Secret Garden

Report of Rob Emerson Director Open Space & Environmental Services

Wendy Whitley‟s Secret Garden in Lavender Bay is a very much loved and beautiful

garden created on unused railway land by local resident Wendy Whiteley over more

than two decades. The transformation of the derelict land to the wonderful garden

that exists today over this time has been incredible to witness and is an absolute credit

to Wendy‟s creativity and commitment

Successful negotiations with Rail Corporation NSW (RailCorp) for the Wendy

Whiteley Secret Garden have concluded with the preparation of a lease between

North Sydney Council and RailCorp that fundamentally provides long term tenure of

the land that the garden exists upon and additional land for the expansion of the

garden over time.




applicable.

Recommending:

1. THAT Council authorises its Official Seal to be affixed to the proposed lease,

under the signature of the Mayor and the General Manager.

2. THAT the Honorable Jillian Skinner MP and Andrew Constance MP be formally

thanked for their assistance in achieving this long term lease that provides substantial

additional security of tenure for the garden.

The Motion was moved by Councillor Gibson and seconded by Councillor Reymond.






3. THAT the Director Open Space and Environmental Services and his team be

congratulated for the wonderful outcome.

4. THAT Lavender Bay Precinct Committee be advised of the outcome of this

meeting and also on signing of the contract.


COUNCIL - 14/06/16 Page (178)




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:






3. THAT Director Open Space and Environmental Services and his team be

congratulated for wonderful outcome.

4. THAT Lavender Bay Precinct Committee be advised of the outcome of this

meeting and also on signing of the contract.

215. OSE03: Cunningham Pavilion Upgrade Tender 26/2016

Report of Alicja Batorowicz, Landscape Projects Coordinator

The successful tenderer for Cunningham Pavilion Upgrade -contract 26/2016 took

possession of the site on 15 February 2016. During the early stages of the demolition

it became evident that a significant portion of the existing timber structure was

exposed to previous and current termite attack. Poor ground conditions and high

levels of existing ground water were also encountered during activities leading to the

construction of footings and slab for the new building. Both issues resulted in

significant variations to the original contract sum and are discussed in detail below.

The additional funds required for this project can be sourced from funds allocated in

the 2015/16 and 2016/17 budgets to the upgrade of lighting at Tunks Park which is

now not proceeding.






Recommending:

1. THAT Council allocates the required additional funds to the budget for the

upgrade of Cunningham Pavilion at Bon Andrews Oval.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council allocates the required additional funds to the budget for the

upgrade of Cunningham Pavilion at Bon Andrews Oval.

COUNCIL - 14/06/16 Page (179)



216. OSE04: St Leonards Park Landscape Masterplan - Tender

35/2016

Report of Kate Bambrick-Browne, Landscape Grants Coordinator

Tenders were called and were received until 4pm 31 March 2016 for the submission

of tenders to undertake St Leonards Park Landscape Masterplan.



Funding for this project is included in the adopted 2016/17 budget.




applicable as the proposed expenditure does not exceed the limits imposed.

Recommending:


35/2016 for St Leonards Park Landscape Masterplan.








Reymond.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council accept the tender of Gallagher Studio P/L for Tender 35/2016 for

St Leonards Park Landscape Masterplan.







217. OSE05: Implementing Recommendations of the North

Sydney Recreation Needs Study 2015

Report of Megan White, Landscape Planner

Council‟s new Recreation Needs Study 2015 (RNS) identifies the current and future

recreation needs of the North Sydney community by assessing existing supply against

demonstrated needs in order to identify shortfalls of provision. The Study provides

Council with a sound basis upon which to plan, organise and manage the provision

COUNCIL - 14/06/16 Page (180)



and orderly development of sport and recreation facilities in North Sydney over the

next 10 years.

The Study‟s recommendations are presented in the form of goals and key issues, and

an implementation plan sets out priorities for carrying out the various capital works

and planning projects. The RNS‟s findings support many of current Council

recreation initiatives, and reflect general community satisfaction with Council‟s

facilities. This report lists the Study‟s recommendations and details what action will

be taken to implement them. Work on some of the projects listed in the

implementation plan has already commenced; reflecting the fact that a number of

Study findings are consistent with projects already identified in other planning

documents and studies, and listed in Council‟s Delivery Plan.

Outcomes, actions and projects identified in the implementation component of the

RNS will be included in future Council planning frameworks including the Delivery

Program, the Section 94 Plan, relevant Council Plans of Management and the Open

Space Division‟s Capital Works Program. Funding to undertake the required work

can then be allocated accordingly.




applicable.

Recommending:





Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:


218. OSE06: Environment Reference Group - 30 May 2016

Report of David McQuade, Governance Co-Ordinator

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

Reference Group held on 30 May 2016, for Council endorsement. The minutes are

attached for information.

Recommending:

1. THAT Council prepare a report to rectify pollution traps prioritising traps

according to the findings of the audit conducted by Optimal Stormwater.

2. THAT the report on the Green Events Program be received.

3. THAT the Update on Sustainable Business Programs report be received.

4. THAT Council‟s Water and Energy Management Programs report be received.

5. THAT Council seeks to enhance the Native Havens Program by joining Macquarie

University‟s Habitat Stepping Stones.

6. THAT the Sustainable Procurement Practices report be received.

7. THAT the Participation in Community Recycling Centre (CRC) - Update report be

received.

COUNCIL - 14/06/16 Page (181)



8. THAT the Fridge Buy Back report be received.

9. THAT Council continues to promote the Fridge Buy Back program.

10. THAT Claire Hanley be thanked for her contribution to the Environment

Reference Group.

11. THAT Council staff be thanked for Berrys Bay works.

12. THAT Council staff be thanked for the Cash for Can scheme.




Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council prepare a report to rectify pollution traps prioritising traps

according to the findings of the audit conducted by Optimal Stormwater.

2. THAT the report on the Green Events Program be received.

3. THAT the Update on Sustainable Business Programs report be received.

4. THAT Council‟s Water and Energy Management Programs report be received.

5. THAT Council seeks to enhance the Native Havens Program by joining Macquarie

University‟s Habitat Stepping Stones.

6. THAT the Sustainable Procurement Practices report be received.

7. THAT the Participation in Community Recycling Centre (CRC) - Update report be

received.

8. THAT the Fridge Buy Back report be received.

9. THAT Council continues to promote the Fridge Buy Back program.

10. THAT Claire Hanley be thanked for her contribution to the Environment

Reference Group.

11. THAT Council staff be thanked for Berrys Bay works.

12. THAT Council staff be thanked for the Cash for Can scheme.

PETITIONS

219. PET01: Continue Speed Bumps - Sutherland Street, Cremorne

(Previously dealt with see Min. No. 175)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

220. NoM01: Notice of Motion No. 20/16 by Cr Clare - 8/06/16

Re: Initiatives for Technology Innovation

COUNCIL - 14/06/16 Page (182)



1. THAT a Councillor workshop is held, as soon as practicable, to explore some

initiatives which Council could pursue to encourage innovation in the North Sydney

Area.

2. THAT once the Councillor Workshop is held, a report is provided to Council on

which ideas might be feasible and the associated costings.

Background

North Sydney Council is well placed to implement initiatives that will drive

technology innovation, and which will support North Sydney as an innovation hub.

For example,

Waverley Council is trialling wifi on Bondi Beach to provide a better

experience for users and also as a means of providing information to users of

the beach on safety etc;

The use of Luxor Wifi Lighting System for public domains; and

The use of 'Big Belly' Solar Compactor bins.

The Motion was moved by Councillor Clare and seconded by Councillor Gibson

1. THAT a Councillor workshop is held, as soon as practicable, to explore some


Area.



3. THAT representatives of Ruckus be invited to attend the Councillor Workshop.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT a Councillor Workshop is held, as soon as practicable, to explore some


Area.



3. THAT representatives of Ruckus be invited to attend the Councillor Workshop.

221. NoM02: Notice of Motion No. 21/16 by Crs Baker, Clare

and Morris - 8/06/16

Re: Waverton Peninsula Reserve Trust

1. THAT Council seek to negotiate with RMS and the Department of Lands for the

excision of the foreshore lands on the former BP site from the Berry‟s Bay marina

development site and dedication of that land into the Waverton Peninsula Reserve

Trust in order to ensure public access to the foreshore for future generations.

COUNCIL - 14/06/16 Page (183)






Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT Council seek to negotiate with RMS and the Department of Lands for the

excision of the foreshore lands on the former BP site from the Berry‟s Bay marina

development site and dedication of that land into the Waverton Peninsula Reserve

Trust in order to ensure public access to the foreshore for future generations.

222. NoM03: Notice of Motion No. 22/16 by Crs Baker and

Beregi - 8/06/16

Re: State Government forced amalgamations

1. THAT Council write to the ICAC seeking advice as to whether the appointment of

persons who acted as Delegates of the Chief Executive of the Office of Local

Government to report on proposed Council mergers to the role of Administrators of

newly proclaimed merged Councils would constitute corrupt conduct.

The Motion was moved by Councillor Baker and seconded by Councillor Beregi.



Gibson N Beregi Y

Reymond Y Barbour Y



Carr Y Bevan N

RESOLVED:

1. THAT Council write to the ICAC seeking advice as to whether the appointment of

persons who acted as Delegates of the Chief Executive of the Office of Local

Government to report on proposed Council mergers to the role of Administrators of

newly proclaimed merged Councils would constitute corrupt conduct.

223. NoM04: Notice of Motion No. 23/16 by Cr Baker - 8/06/16

Re: Resourcing of Plans of Management and Masterplans for Tunks and

Anderson Parks

1. THAT a report be prepared for Council detailing resourcing required (and likely

timeframes for delivery) by Council‟s City Strategy Division for the preparation of

the Plans of Management and Masterplans for Tunks and Anderson Parks.

COUNCIL - 14/06/16 Page (184)



Background

Council recently resolved to undertake Plans of Management and Masterplans for

Tunks and Anderson Parks in response to strong community concern and interest.

Council placed a priority on these projects. To ensure that the projects can be

undertaken and delivered in a timely manner it is important for Council to consider

whether adjustments to resourcing may be required.

The Motion was moved by Councillor Baker and seconded by Councillor Beregi.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT a report be prepared for Council detailing resourcing required (and likely

timeframes for delivery) by Council‟s City Strategy Division for the preparation of

the Plans of Management and Masterplans for Tunks and Anderson Parks.

224. Closed Session

It was moved by Councillor Baker and seconded by Councillor Barbour and carried

THAT the meeting be closed to the public at 7.42pm to discuss the following matters

the open discussion of which would be contrary to sections 10A(1) and 10A(2)(g) of

the Local Government Act 1993

to consider advice concerning litigation, or advice that would otherwise be

privileged from production in legal proceedings on the ground of legal

professional privilege

Public Interest

These matters are classified as confidential as they contain advice concerning

litigation or legal professional privilege. On balance, the public interest in preserving

the confidentiality of this information outweighs the public interest in openness and

transparency in Council decision making by discussing these matters in Open

Council.

225. GMO03: Local Government Reform – Legal Proceedings

Report of Matthew Pearce, Solicitor

The purpose of this report is for the Council to consider the recent local government

reform proceedings in the Land and Environment Court.

It will be necessary for Council to close the meeting to the public to consider the

matter.



COUNCIL - 14/06/16 Page (185)




applicable.

Recommending:

1. THAT Council close the meeting to the public pursuant to sections 10A(1) and

10A(2)(g) of the Local Government Act 1993 to consider advice concerning litigation,

or advice that would otherwise be privileged from production in legal proceedings on

the ground of legal professional privilege.

The Motion was moved by Councillor Baker and seconded by Councillor Clare

1. THAT the Acting General Manager or his delegate be delegated the authority on

behalf of the Council to instruct the Council‟s lawyers in relation to any proceedings

seeking to restrain the State Government from amalgamating North Sydney Council

with Willoughby City Council and/or Mosman Municipal Council as proposed by

Merger Number 1 or Merger Number 2 (including any appeal proceedings) subject to

the advice of Senior Counsel.

2. THAT Council allocates $200,000 for the purposes of Recommendation 1, and

that those funds be made available from Council‟s available working capital.

3. THAT a copy of Council‟s written submissions be circulated to Councillors and if

possible released to the precincts and published on the merger portion of Council‟s

website.



Gibson Y Beregi Y

Reymond Y Barbour Y



Carr Y Bevan Y

RESOLVED:

1. THAT the Acting General Manager or his delegate be delegated the authority on

behalf of the Council to instruct the Council‟s lawyers in relation to any proceedings

seeking to restrain the State Government from amalgamating North Sydney Council

with Willoughby City Council and/or Mosman Municipal Council as proposed by

Merger Number 1 or Merger Number 2 (including any appeal proceedings) subject to

the advice of Senior Counsel.

2. THAT Council allocates $200,000 for the purposes of Recommendation 1, and

that those funds be made available from Council‟s available working capital.

3. THAT a copy of Council‟s written submissions be circulated to Councillors and if

possible released to the precincts and published on the merger portion of Council‟s

website.

226. Open Session

It was moved by Councillor Gibson and seconded by Councillor Barbour and carried

THAT the meeting be reopened to the public at 7.48pm.

The Mayor made public the resolution of GMO03.

COUNCIL - 14/06/16 Page (186)



Meeting concluded at 7.49pm.

____________________________ __________________________

CHAIRPERSON ACTING GENERAL MANAGER

st meeting of the north sydney council held on … · council held on tuesday, 14 june 2016....

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