the 3681st meeting council 7...council chambers 9 june 2016 the 3681st meeting of council will be...

Council Chambers

9 June 2016

The 3681st MEETING of COUNCIL will be held at the Council Chambers, North Sydney at

7.00pm on Tuesday, 14 June 2016. The agenda is as follows.

ROSS MCCREANOR

ACTING GENERAL

MANAGER

North Sydney Council is an Open Government Council. The records of

Council are available for public viewing in accordance with this policy,

with the only exception being made for certain confidential documents

such as legal advice, matters required by legislation not to be divulged,

and staff matters.

APOLOGIES/LEAVE OF ABSENCE

ACKNOWLEDGEMENT OF COUNTRY

MATTERS BROUGHT FORWARD

CONFIRMATION OF MINUTES of the previous Meeting

DECLARATIONS OF INTEREST

MATTERS REFERRED TO COUNCILLOR INSPECTIONS

MINUTES OF THE MAYOR

RESCISSION MOTIONS of which due notice has been given

REPORTS from Officers of the Council

CORRESPONDENCE to be read, and if necessary ordered upon

MOTIONS of which due notice has been given

QUESTIONS of which due notice has been given

QUESTIONS without notice.

COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

1. Council meetings comprise the full membership of the Council with a quorum of six Councillors. Ordinary Council meetings consider reports from all Divisions of Council. 2. The Chairperson shall be the Mayor or, in her absence, the Deputy Mayor. 3. A recorded message listing all items on the agenda is placed on the Agenda Information Line (9936 8188) after midday on the Thursday before a Council meeting. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers. 4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8115) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm. 5. As the Chairperson calls the brought forward items on the agenda, speakers are invited to take their place at the foot of the Councillors’ table. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery. 6. The following points should be noted by members of the public wishing to address Council:

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

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

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

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

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

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

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

COUNCIL MEETINGS

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

TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Barbour,

Morris, Clare, Baker, Marchandeau, Beregi.

SUBJECT: 3681st MEETING OF COUNCIL TO BE HELD ON TUESDAY, 14 JUNE

2016

THAT THE MINUTES of the previous 3680th

Council Meeting held on

Monday, 16 May 2016 be taken as read and confirmed.

DECLARATIONS OF INTEREST

COUNCIL - 14/6/16 GMO (2)

REPORTS

General Manager’s Office

1. GMO01: Matters Outstanding

Report of Ross McCreanor, Acting General Manager

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

the meeting of 18 April 2016 is presented.

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

Making During Merger Proposal Period.

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

applicable.

Recommending:

1. THAT the report be received.

2. GMO02: 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.

3. 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.




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

COUNCIL - 14/6/16 GMO (3)

litigation, or advice that would otherwise be privileged from production in legal

proceedings on the ground of legal professional privilege.

COUNCIL - 14/06/16 CIS(4)

City Strategy Division

4. 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 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.

5. 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.




the requirements.

Recommending:

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

exhibition) and the previous version (May 2015) be replaced.

6. 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).


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.

7. 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 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.

8. 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 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

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.

9. 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:

COUNCIL - 14/06/16 CIS(10)

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.

10. 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.

COUNCIL - 14/06/16 CIS(11)

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.

11. 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);

• 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.

COUNCIL - 14/06/16 CIS(12)

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.

12. 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

COUNCIL - 14/06/16 CIS(13)

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

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”.

13. 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.

COUNCIL - 14/06/16 CIS(14)

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

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.

14. 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

COUNCIL - 14/06/16 CIS(15)

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 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.

COUNCIL - 14/06/16 CLS (16)

Community & Library Services Division

15. 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.

16. CLS02: Adoption of Community Grants and Subsidies 2016-

17

Report of Martin Ellis, Director, Community and Library Services

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.

17. CLS03: Shorelink Estimates 2016/17

COUNCIL - 14/06/16 CLS (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.

18. 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.

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

COUNCIL - 14/06/16 CLS (18)

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.

20. 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

COUNCIL - 14/06/16 CLS (19)

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.

21. 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




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.

22. CLS08: Targeted Earlier Intervention Grant rolled over to

2016/17

Report of Helen Campbell, Manager, Community Development

COUNCIL - 14/06/16 CLS (20)

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.






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.

COUNCIL - 14/06/16 COS (21)

Corporate Services Division

23. CoS01

(No report)

24. 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:


25. 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:

COUNCIL - 14/06/16 COS (22)

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

Sustainable Transport Reference Group be accepted.

26. 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.






applicable.

Recommending:


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

results and acknowledge the effectiveness of their strategy.

27. 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.

COUNCIL - 14/06/16 EPS (23)

Engineering & Property Services Division

28. 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.


Making 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.

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.

29. 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.

COUNCIL - 14/06/16 EPS (24)







30. 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:

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

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







31. 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.



COUNCIL - 14/06/16 EPS (25)


applicable.

Recommending:


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







32. 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.







33. 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

COUNCIL - 14/06/16 EPS (26)



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.







34. 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.

35. EPS08 Sustainable Transport Reference Group - Minutes 30

May 2016

Report of David McQuade, Governance Co-Ordinator

COUNCIL - 14/06/16 EPS (27)

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.




the 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.

36. 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.




the 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.

37. 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

COUNCIL - 14/06/16 EPS (28)

• 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.




the 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 OSES (29)

Open Space & Environmental Services Division

38. 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:


39. 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.



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

not applicable.

Recommending:

COUNCIL - 14/06/16 OSES (30)

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.

40. 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.

41. 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.



COUNCIL - 14/06/16 OSES (31)





42. 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 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:


43. 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.

COUNCIL - 14/06/16 OSES (32)

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.

COUNCIL - 14/06/16 Correspondence (33)

PETITIONS

44. 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.

CORRESPONDENCE

COUNCIL - 14/06/16 NoM (34)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

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

Re: Initiatives for Technology Innovation

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.

46. 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.

47. 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

COUNCIL - 14/06/16 NoM (35)

Office of Local Government to report on proposed Council mergers to the role of

Administrators of newly proclaimed merged Councils would constitute corrupt

conduct.

48. 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.

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 3681st meeting council 7...council chambers 9 june 2016 the 3681st meeting of council will be...

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