the th warwick winn - north sydney council€¦ · council chambers 13 august 2015 the 3668th...

Council Chambers

13 August 2015

The 3668th

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

7.00pm on Monday, 17 August 2015. The agenda is as follows.

WARWICK WINN

GENERAL MANAGER

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

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

with the only exception being made for certain confidential documents

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

and staff matters.

APOLOGIES/LEAVE OF ABSENCE

ACKNOWLEDGEMENT OF COUNTRY

MATTERS BROUGHT FORWARD

CONFIRMATION OF MINUTES of the previous Meeting

DECLARATIONS OF INTEREST

MATTERS REFERRED TO COUNCILLOR INSPECTIONS

MINUTES OF THE MAYOR

RESCISSION MOTIONS of which due notice has been given

REPORTS from Officers of the Council

CORRESPONDENCE to be read, and if necessary ordered upon

MOTIONS of which due notice has been given

QUESTIONS of which due notice has been given

QUESTIONS without notice.

COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

VISITOR

Cr J e ffMORRIS

WOLLSTONECRAFT WARD

DIRECTORCommunity &

Library ServicesMr Martin Ellis

DIRECTOREngineering &

Property ServicesMr Duncan Mitchell

DIRECTOROpen Space &

Environmental Services

Mr Robert Emerson

DIRECTORCity Strategy

Mr Joseph Hill

MANAGER CHIEF OPERATING

OFFICERMr Adrian Panuccio

Cr VéroniqueMARCHANDEAU

TUNKS WARD

Cr Vi rg i n i aBEVAN

VICTORIA WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

PUBLIC GALLERY

DIRECTORCorporate ServicesMr Ross McCreanor

GENERAL MANAGERMr Warwick Winn

Cr M e l i s s aCLARE

WOLLSTONECRAFT WARD

Cr Ste p h e nBARBOUR

CREMORNE WARD

Cr Zo ëBAKER

WOLLSTONECRAFT WARD

Cr M a r y A n nBEREGI

TUNKS WARD

Cr TonyC ARR

VICTORIA WARD

Cr MichelRE YMOND

VICTORIA WARD

COUNCIL MEETINGS

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 between Wollstonecraft and Cremorne Ward Councillors. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery. 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

7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter. 8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings 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. 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: 3668th

MEETING OF COUNCIL TO BE HELD ON MONDAY, 17

AUGUST 2015

THAT THE MINUTES of the previous 3667th

Council Meeting held on

Monday, 20 July 2015 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

COUNCIL - 17/08/15 NoR (2)

RESCISSION MOTIONS OF WHICH

DUE NOTICE HAS BEEN GIVEN

1. NoRM01: Notice of Rescission No 9/15 By Councillors Baker,

Beregi and Morris

THAT the decision of Council at its meeting of 20 July 2015 regarding CiS 01

Woolcott Avenue, Waverton, where it resolved:

1. THAT Council notes the assessment and recommendations of the external

consultant town planner, Ingham Planning Pty Ltd, which has had regard for the

relevant considerations under S.79C of the Environmental Planning and

Assessment Act 1979.

2. THAT Council grants land owner's consent such that it can consider

determining the Development Application (DA79/15).

3. THAT subject to land owner‟s consent being granted as per Recommendation

2, Council determines the development application.

4. THAT the lease incorporate Conditions as outlined by Councillor Carr.

be rescinded

If sucessful, we intend to move the following motion:

1. THAT prior to the consideration of the DA, Council seek further legal advice

as to its power to validly grant or to proceed with a lease under the Roads Act

where structures that are clearly not temporary or easily demolished are

envisaged by the Lessee and where existing public use of the subject land is being

disregarded.

2. THAT Council refer DA79/15 to the North Sydney Independent Planning

Panel in order to ensure that any decision on this matter is made at arm‟s length

from the elected body.

3.THAT should the NSIPP be minded to approve the development application,

Council grant landowner‟s consent and this be delegated to the General Manager

to provide.

4. THAT the NSIPP have regard to the precedent of alienating public open space

for a limited private purpose in its consideration of the development application.

COUNCIL – 17/08/15 GMO (3)

REPORTS

General Manager‟s Office

2. GMO01: Matters Outstanding

Report of Warwick Winn, General Manager

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

the meeting of 20 July 2015 is presented.

Recommending:

1. THAT the report be received.

3. GMO02: Investigation Report

Report of Adrian Panuccio, Chief Operating Officer

To present the Investigation Report in response to the Council resolution of 18

May 2015.

Recommending:

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

10A(2)(i) of the Local Government Act 1993 to consider information concerning

a potential code of conduct matter.

4. GMO03: Election of Deputy Mayor - Call for Nominations

Report of Ian Curry, Manager Governance and Committee Services

In accordance with Section 14 of Council‟s Code of Meeting Principles and

Practices, the election of the Deputy Mayor (for the period from 1 October 2015

to 30 September 2016) will take place at the Council meeting to be held on

Monday 21 September 2015.

Councillors are asked to complete the nomination form attached to this report and

return it to the General Manager by 12pm on Friday 11 September 2015.

In line with Council‟s policy of open government, elections shall be conducted by

open voting unless, at the meeting in which the election is to take place, Council

resolves to hold a secret ballot. Should the Council resolve to hold a ballot, ballot

papers will be distributed to Councillors. The ballot shall be conducted in

accordance with Schedule 7 Part 2 of the Local Government (General) Regulation

2005.

Recommending:

1. THAT Council note that the election for the position of Deputy Mayor, for the

period of 1 October 2015 to 30 September 2016, will take place at the Council

meeting to be held on Monday 21 September 2015.

5. GMO04: Future Management of North Sydney Oval

Report of Peter Coulton, Project Planning Officer

COUNCIL – 17/08/15 GMO (4)

This report provides an update on planning for the future management of the

North Sydney Oval.

The budget components for the various parts of the North Sydney Oval outlined

in the report are already in place. Adjustments will be made within the general

ledger to reflect the new arrangements however additional funds will be required

for engaging relevant consultancies and administrative support in the order of

$100,000. Funding can be made available from the Capital Works Reserve.

Recommending:

1. THAT Council notes that North Sydney Oval will be transitioned into a

separate business unit.

COUNCIL – 17/08/15 CiS(5)

City Strategy Division

6. CiS01: Biannual Review of the Delivery Program 2013/14-

2016/17 for the period 1 January - 30 June 2015

Report of Warwick Winn, General Manager

This is the second Biannual Review presented to Council on progress to deliver

the second year (2014/15) of the Delivery Program 2013/14-2016/17.

The report includes information in summary and in detail on progress to deliver

the Delivery Program 2013/14-2016/17 and Council’s progress towards the

outcomes in the Community Strategic Plan 2013-2023.

The Biannual Review shows that performance against the Community Strategic

Plan for the year to date is on track at 99%.

A verbal presentation on the Biannual Review was provided to councillors at the

Councillor Workshop - Finance on 4 August 2015.

Recommending:

1. THAT the Biannual Review of the Delivery Program 2013/14-2016/17 for the

period 1 January-30 June 2015 be received.

2. THAT Council notes the remedial action for those activities that were not on

track for the period ending 30 June 2015, as outlined in the Biannual Review

attached.

3. THAT incomplete activities due to be completed by 30 June 2015 be rolled

over to the Operational Plan 2015/16.

4. THAT Council resolve to amend the Delivery Program 2013/14-2016/17 and

Resourcing Strategy 2013-2023 accordingly.

7. CiS02: Planning Proposal - Elevation of Heritage Controls

Report of Katerina Pikoulas, Student Strategic Planner

On 16 March 2015, Council resolved to prepare a Planning Proposal to amend

North Sydney Local Environmental Plan 2013 (NSLEP 2013), such that it

incorporates provisions similar to NSLEP 2001, which would ensure that heritage

provisions prevail over all other provisions in the LEP. Council also resolved to

seek support with Local Government New South Wales (LGNSW) and other

metropolitan councils with significant heritage issues in endorsing Council’s

position, and to lobby the NSW Government to allow councils to amend their

Standard Instrument (SI) LEPs, similar to that being proposed by Council.

On 20 April 2015, Council resolved to adopt a Planning Proposal in accordance

with Council’s resolution of 16 March 2015, and forward it to the Minister for

Planning requesting a Gateway Determination.

A Gateway Determination was issued on 3 July 2015 stating that the Planning

Proposal should not proceed because:

It is contrary to the Standard Instrument (Local Environmental Plans)

Order 2006;

The need for the planning proposal is not apparent;

Will result in a more complicated and costly planning process for

applicants;


applicants;

Is unjustifiably inconsistent with section 117 Direction 3.1 Residential

Zones

On 5 May 2015, Council forwarded letters to LGNSW and other metropolitan

councils in accordance with the resolution of 16 March 2015. Council has only

received a single formal response to its letter. The response was received from

Mosman Council who declined to support Council‟s position. Whilst not in

receipt of any other formal responses, telephone conversations with Policy

Officers from LGNSW and Council Officers from Waverley, Woollahra,

Leichhardt and Hunters Hill verbally indicated that they were unlikely to support

Council‟s position.

Recommending:


8. CiS03: Planning Proposal - „Restaurants or Cafes‟ in RE1

Zone

Katerina Pikoulas - Student Strategic Planner

In December 2013, Council‟s Engineering and Property Services (EPS) was

approached by the business owner of a café at May Gibbs Place in Neutral Bay

with regards to obtaining approval to undertake ‘outdoor dining’ within the

public plaza located adjacent to their cafe. All land comprising May Gibbs Place

is zoned RE1 Public Recreation. ‘Outdoor dining’ is an ancillary activity to a

‘restaurant or cafe,’ which is a prohibited use within the RE1 Public Recreation

zone.

In response to this query, City Strategy (CIS) has investigated the matter and

found that there are various public plazas located within road reserves that are

zoned RE1 Public Recreation, but may quite reasonably accommodate ‘outdoor

dining’ to activate and enliven these urban spaces. The review highlighted the

unreasonable restriction placed on ‘outdoor dining’ activities in seven road

reserves, which function as active plazas as opposed to passive recreational

spaces. They include:

Brett Whitely Place, North Sydney;

Cremorne Garden Plaza, Cremorne;

Ernest Place, Crows Nest;

May Gibbs Place, Neutral Bay;

Mitchell Street Plaza, St Leonards;

Langley Place, Cremorne; and

St Peters Park, North Sydney

The review has also identified the desire to provide additional flexibility to

enable Council to respond to future development scenarios concerning its parks

and reserves. It is important to bear in mind that whilst the proposed amendment

makes ‘restaurants or cafes’ permissible on all land zoned RE1 Public

Recreation, it will not necessarily result in the approval of such uses anywhere in

the zone. Ultimately, Council would need to weigh up the merits of proposals

against the provisions of NSLEP 2013 that relate to the RE1 zone and any

relevant Plan of Management, and determine whether to even issue owners

consent for the lodgment of a Development Application. In addition, Council‟s


Plans of Management are very restrictive and any change to them would require

public consultation and endorsement by Council. Accordingly, the proposed

amendment simply provides the legal potential for such uses to occur within the

zone where they are considered reasonable and will not result in the proliferation

of ‘restaurants or cafes’ throughout Council‟s parks and reserves.

Furthermore, the amendment will result in the continuation of a previously

endorsed policy position of Council, which applied under NSLEP 2001.

A Planning Proposal has now been prepared to amend NSLEP 2013 by including

„restaurants or cafes’ as a permissible use within the Land Use Table to RE1

Public Recreation zone. This amendment would ensure the permissibility of

‘outdoor dining’ on all road reserves zoned RE1 Public Recreation under the

NSLEP 2013 and provide increased flexibility in the use of Council‟s parks and

reserves zoned RE1 Public Recreation.

The Planning Proposal:

Generally complies with the relevant Local Environmental Plan making

provisions under the Environmental Planning & Assessment Act 1979;

Generally complies with the Department of Planning‟s ‘A guide to

preparing planning proposals’ (October 2012); and

Is unlikely to result in any adverse impacts on the environment or wider

community

Recommending:

1. THAT Council resolves to adopt the attached Planning Proposal and forward it

to the Minister for Planning in order to receive a Gateway Determination in

accordance with Section 56 of the Environmental Planning and Assessment Act,

1979.

2. THAT Council requests the Minister for Planning to provide Authorisation to

Council to exercise the delegation of the Minister for Planning to make the Plan.

9. CiS04: Post Gazettal Report - NSLEP 2013 Amendment No.9

(200-220 Pacific Highway, Crows Nest)

Report of Ben Boyd, Executive Strategic Planner

On 2 December 2014, Council resolved to forward a Planning Proposal relating to

land at 200-220 Pacific Highway Crows Nest to the Minister for Planning with a

request for a Gateway Determination. In particular, the Planning Proposal sought

to amend the non-residential floor space ratio (FSR) range requirements of North

Sydney Local Environmental Plan 2013 from part 0.5:1 - 2:1 to 0.24:1 - 2:1.

The Minister for Planning subsequently issued a Gateway Determination

requiring the Planning Proposal be placed on public exhibition for a minimum of

14 days. The public exhibition took place from Thursday 19 February 2015 to

Wednesday 4 March 2015.

On 20 April 2015, Council considered a post exhibition report that addressed the

submissions received during the public exhibition. Council resolved to adopt the

Planning Proposal unamended, and proceed with the making of a Local

Environmental Plan.

The Planning Proposal was forwarded to the Department of Planning and

Environment on 28 July 2015, with a request that the plan be formally made.


NSLEP 2013 (Amendment No. 9) gives effect to the Planning Proposal and is

now in force following its publication on the NSW legislation website on 31 July

2015.

This report is for the information of Councillors.

Recommending:

1. THAT Council receive the report.

10. CiS05: Heritage Assessment of 3 Anderson Street, Neutral

Bay and associated Planning Proposal

Report of Ben Boyd, Executive Strategic Planner

On 20 March 2015, an Interim Heritage Order (IHO) was placed over 3 Anderson

Street, Neutral Bay by the Minister for Heritage. The placement of the IHO over

the property arose from community concern during the assessment of

development application DA192/14 which sought to demolish the dwellings at 3

Anderson Street and 3 Raymond Road and construct a stepped 4-storey

residential flat building across both sites containing 13 apartments above

basement parking. In issuing the IHO, the Minister for Heritage also required

Council to obtain a heritage report supporting the view that 3 Anderson Street,

Neutral Bay is of local heritage significance within 5 months of the IHO being

issued, otherwise he would revoke the IHO.

In response to the imposition of the IHO, Council engaged Clive Lucas Stapleton

and Partners on 4 June 2015 to undertake a heritage assessment of the subject

property to determine if it satisfied the relevant State Heritage Inventory criteria

for heritage listing and thereby warranted a listing as a heritage item under North

Sydney Local Environmental Plan 2013 (NSLEP 2013).

On 11 August 2015, Council received a completed Assessment of Heritage

Significance (refer to Attachment 1) from Clive Lucas Stapleton and Partners

which concluded that 3 Anderson Street, Neutral Bay satisfied the relevant State

Heritage Inventory criteria for heritage listing and recommended that it be

included as an item of local heritage significance in Schedule 5 of the NSLEP

2013.

In accordance with the recommendations of the heritage assessment, a Planning

Proposal (refer to Attachment 2) has been prepared that seeks to amend NSLEP

2013 by including 3 Anderson Street, Neutral Bay as a heritage item within

Schedule 5 - Environmental Heritage, and appropriately identified on the

Heritage Map.

The Planning Proposal is supported as it:

Generally complies with the relevant Local Environment Plan making

provisions under the Environmental Planning & Assessment Act 1979;

Generally complies with the Department of Planning‟s „A guide to

preparing planning proposals‟ (October 2014); and

Is unlikely to result in any adverse impacts on the environment or wider

community

The Planning Proposal is considered to be satisfactory and should be forwarded to

the Department of Planning and Environment for Gateway Determination.

In addition, due to the local nature of the Planning Proposal, it is recommended

that Council also request for delegation of plan making functions to finalise any


amendment to NSLEP that would result from the implementation of the Planning

Proposal.

Recommending:

1. THAT Council resolves to adopt the attached Planning Proposal and forward it

to the Minister for Planning in order to receive a Gateway Determination in

accordance with Section 56 of the Environmental Planning and Assessment Act,

1979.

2. THAT if North Sydney Local Environmental Plan 2013 is amended as a result

of carrying out Recommendation No.1, that a North Sydney Heritage Inventory

sheet in relation to 3 Anderson Street, Neutral Bay be created reflecting the

outcomes of the heritage assessment prepared by Clive Lucas Stapleton and

Partners.

3. THAT Council request the Minister for Planning grant Council delegation of

plan making functions to implement the Planning Proposal.

4. THAT Council notify the Minister of Heritage of its decision.

COUNCIL – 17/08/15 COS (10)

Corporate Services Division

11. CoS01: Councillor Workshop - Finance: Actions Rising - 4

August 2015

Report of Garry Ross, Financial Services Manager

This report presents the actions arising from the Workshop held on 4 August

2015. Actions arising will addressed at the next Workshop.

Recommending:

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

Finance held on 4 August 2015 be noted.

12. CoS02: Investments Held as at 31 July 2015

Report of Garry Ross, Manager Financial Services (Responsible Accounting

Officer)

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

for the month of July 2015.

The portfolio provided an annualised return of 4.18% for the year to date as at 31

July 2015, 2.04% above the reportable benchmark (BBSW Bank Bill Index)

Interest returns for the month ended 31 July 2015 remain consistently above the

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

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

institutions which make up the investment portfolio.

Interest returns for this financial year reflect estimated available funds and

predicted expenditure of Council‟s reserves.

The 2015/16 budget estimate for returns from Council‟s investment portfolio will

be reviewed in the September Quarterly Budget Review.

Recommending:


13. CoS03: Approved Loan Borrowings

Report of Garry Ross, Manager Financial Services Manager

Council has implemented an expanded capital works program which requires

alternate sources of funding, both internal and from financial institutions. Council

has been debt free for a considerable period, which has prompted the need for a

loan borrowing program to ensure that there is intergenerational equity in the

provision of essential infrastructure and other major capital projects.

Council engaged an external consultancy to assist in the request for funding. All

four major banks were invited to participate in the delivery of the loan funded

projects.

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

whether the interest rates are fixed or variable.

Comment by Responsible Accounting Officer:

COUNCIL – 17/08/15 COS (11)

Loan borrowing fundings for project identified in the LTFP is appropriate. All

borrowings need to comply with the identified principles of Council‟s Financial

Management Policy.

Recommending:

1. THAT Council adopts the identified borrowing program and the initial $9.5

million loan.

2. THAT Council supports the selection of the National Australia Bank for debt

facilities.

3. THAT Council hereby authorises its Official Seal to be affixed to debt facility

agreement under the signature of the Mayor and the General Manager.

14. CoS04: 2015 LGNSW Conference – Consideration of Motions

Report of Ian Curry, Manager Governance and Committee Services

The Local Government NSW Annual Conference 2015 will take place from

Sunday 11 - Tuesday 13 October 2015 at Rosehill Gardens Racecourse (James

Ruse Drive, Rosehill).

The purpose of this report is to consider Motions submitted by Councillors and

the community on important issues and provide these details to LGNSW by 24

August 2015.

Council has received a number of suggested Motions from Precinct Committees,

which are detailed below.

Recommending:

1. THAT Council determines whether it wants to submit any Motions/Issues to

the 2015 LGNSW Conference, as detailed in this report.

15. CoS05: CBD Marketing Update

Report of Sandra Moore, Manager Communications and Events

This report provides an update on current activities in the CBD as part of the

“Happiness Works Here” CBD marketing campaign.

Recommending:


COUNCIL – 17/08/15 EPS (12)

Engineering & Property Services Division

16. EPS01: Council Owned/Leased Properties: Leasing

Transactions

Report of Risha Joseph, Property Officer

A report is submitted regarding the leasing transactions for Council‟s owned and

leased properties, for the period ending 7 August 2015.

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

Recommending:

1. THAT Council notes the leasing transactions, which are detailed in

Attachment A of this report.

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

instruments necessary to implement the proposed leasing transactions, which is

noted in “Attachment A” of this report, under the signature of the Mayor and the

General Manager.

17. EPS02: Parking Spaces in Alexander Lane, Crows Nest

Report of Risha Joseph, Property Officer

Council leased a portion of a temporarily closed section of Alexander Lane in

Crows Nest to the property owners of No.‟s 131 & 133 Alexander Street in 1989

for the purposes of private parking.

It is now the intention of Council to convert these privately leased car spaces in

Alexander Lane to public parking. It is therefore recommended that as the leases

have already expired, Council not renew the leases and that the spaces be

converted to public parking.

The quantum of the income received from leasing the car spaces is outlined in the

Confidential section of this report. It outlines the revenue forgone to Council

through not renewing the leases of the car spaces.

Recommending:

1. THAT Council resolves not to renew the car parking leases to the owners of

131 & 133 Alexander Street, Crows Nest and the lessees be given 6 months‟

notice to make alternative parking arrangements.

2. THAT Council proceeds to dedicate the road as a „public road‟ by constituting

its publication in the Government Gazette.

3. THAT once gazetted as a public road Council resolves to convert the privately

leased parking spaces to public parking by removing the stacked parking and

providing four (4) parking spaces positioned to the north and south of the existing

bollards, as illustrated in Figure 4.

18. EPS03: Brett Whiteley Place - Revised Concept Design

Report

Report of Duncan Mitchell, Director Engineering and Property Services

At its meeting of 22 June 2015, Council resolved (Min. No. 174):

COUNCIL – 17/08/15 EPS (13)

THAT Council resolve to amend the resolution of 20 April 2015.

THAT Council progress the concept plan to the detailed design stage.

THAT Council adopt the recommendations made throughout this report and

Attachment for incorporation into the detailed design process.

THAT the existing Robert Woodward water feature commissioned for the space

be retained.

THAT the Robert Woodward water feature be fully restored.

THAT the Robert Woodward water feature‟s hydraulics be replaced.

THAT any other restorative works be carried out on the Robert Woodward water

feature.

THAT Council find a committed location and timeline for the design and

relocation of the heritage GPO column.

This report outlines the proposed location of the Woodward Fountains within

Brett Whiteley Place as per Councils resolution No 4 from the June 22 Council

Meeting. The fountains as outlined in the attached concept plans are located in

very much the same location as they currently are. The only difference being they

have been shifted further west up Brett Whiteley Place to achieve a larger

Public/Events space down at the intersection of Mount Street, Denison Street &

Elizabeth Plaza.

Council has allocated a budget for this project in its adopted Delivery Program.

Detailed cost estimates will be undertaken during the detailed design phase of this

Project so that an accurate Pre Tender estimate can be formulated.

Recommending:

1. THAT Council endorse the proposed location of the fountains in Brett

Whiteley Place as shown on the attached concept plans and the associated scope

of works for the upgrade of Brett Whiteley Place (Stage 1).

19. EPS04: Pacific Highway Public Domain Upgrade Works -

Tender 47/2015

Report of Adam Deutsch, Project Manager

Tenders were called and were received until 4:00pm on 30 June 2015 for the

submission of tenders to undertake Pacific Highway Public Domain Upgrade

Pedestrian Paving Works.

In order for Councillors to discuss the contact of this Commercial in Confidence

report it will be necessary to close the Council meeting to the public.

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

Council.

Recommending:

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

47/2015 for Pacific Highway Pedestrian Paving Zones three, four and five.

2. THAT Council approves that funds be brought forward from the 2016/2017

financial years from cost centres Crows Nest Mainstreet-Pacific Highway

Upgrade, Crows Nest Mainstreet -Project to be Established and Special Projects

- Public Domain Upgrades to complete Zones 3, 4 and 5 of the project this

financial year.

COUNCIL – 17/08/15 EPS (14)

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

47/2015 for Zones 3, 4 and 5 to commence in the 2015/16 financial year under

the signature of the Mayor and the General Manager.

4. THAT once Council has executed the Contract, information relating to the

successful tender be published in Council‟s Register of Contracts as required by

Government Information (Public Access) Act 2009 - Part 3 Division 5 -

Government Contracts With Private Sector.

20. EPS05: Submission of tenders for the Installation of Mount

St Lighting - Contract 50/2015

Report of Ashraf Doureihi, Engineering Project Manager

Tenders were called and were received until 4pm on 9 July 2015 for the

submission of tenders for the installation of Mount St lighting.

In order for Councillors to discuss the content of this Commercial in Confidence


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

by Council.

Recommending:


50/2015 -Installation of Mount St Lighting.


50/2015 under the signature of the Mayor and the General Manager.





21. EPS06: Submission of tenders for the Stabilisation of

Retaining Walls and Installation of Safety Fences - Contract

51/2015


Tenders were called and were received until 4pm on 16 July 2015 for the

submission of tenders for the Retaining Walls and Installation of Safety Fences.



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

by Council.

Recommending:

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

51/2015 - Retaining Walls and Installation of Safety Fences.

2. THAT Council approves that funds be brought forward from the 2016/2017

financial year to complete the project this financial year.


51/2015 under the signature of the Mayor and the General Manager.

COUNCIL – 17/08/15 EPS (15)





22. EPS07: Road Surfacing, Patching and Associated Works -

NSROC Tender 13-15


Tenders were called and were received until 10:00am, 4 June 2015 for the

submission of tenders to undertake Road Surfacing, Patching and Associated

Services.

In order for Councillors to discuss the contact of this Commercial in Confidence


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

Recommending:

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

Supply, Delivery and Laying of Asphaltic Concrete under the NSROC Contract

13-15 - Road Surfacing, Patching and Associated Services.

2. THAT Council accept the tender of the second highest ranked Tenderer for the

Supply, Delivery and Laying of Asphaltic Concrete as the second preferred

tenderer under NSROC Contract 13-15 - Road Surfacing, Patching and

Associated Works.

3. THAT Council accept the tender of the highest ranked Tenderer for Heavy

Patching under NSROC Contract 13-15 - Road Surfacing, Patching and

Associated Works.

4. THAT Council accept the tender of the second highest ranked Tenderer for

Heavy Patching under NSROC Contract 13-15 - Road Surfacing, Patching and

Associated Works.

5. THAT Council reject all tenders for the supply of asphaltic concrete under

NSROC Contract 13-15 as the bidders were deemed to be non-competitive and

enter into direct negotiation with any suitable Proponent with a view to entering

into a supply contract for asphaltic concrete under Contract 13-15.


NSROC 13-15 under the signature of the Mayor and the General Manager.





23. EPS08: Traffic Committee - 24 July 2015

Report of Michaela Kemp, Manager Traffic and Transport Operations

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

Committee held on 24 July 2015, for Council adoption. The minutes are attached

for information.

Recommending:

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

COUNCIL – 17/08/15 EPS (16)

2. THAT Council cut back the rock outcrop on the western side of Ancrum Street

adjacent to Euroka Street Playground (4.2.1).

3. THAT Council notify residents in the vicinity of Ancrum Street of the

intention to cut back the rock (4.2.1).

4. THAT the remainder of recommendations made for changes in the minor

parking restrictions be adopted.

5. THAT Council remove the „access for vehicles over 6 metres is unsuitable‟

signage in Winter Avenue at Bent Street (4.3.1).

6. THAT Council erect a new standard „Trucks Prohibited‟ sign with a

supplementary plate „Vehicles over 6m‟ in Winter Avenue at Bent Street (4.3.1).

7. THAT Council monitor the effectiveness of the new Trucks Prohibited sign in

Winter Avenue at Bent Street over the course of six months once the sign has

been installed and report findings to the Traffic Committee (4.3.1).

8. THAT the remainder of recommendations made for changes in the minor

traffic investigations be adopted.

9. THAT Council raises no objection to the Sydney Spring Cycle event to be

held on Sunday 18th October 2015, subject to Police and RMS approval,

appropriate public liability insurance, and the event being carried out in

accordance with AS 1742.3 and 2015 Traffic Management Plan, and the applicant

liaise with the North Sydney Oval Manager regarding access to North Sydney

Oval for sports event. Traffic Management Plan and all other relevant

documentation must be sent to the Traffic Management Centre.

10. THAT the Traffic Committee approve the road closures detailed in this

report, in accordance with the submitted Traffic Management Plan, on Sunday

20th September 2015 for the purpose of the 205 Sydney Running Festival, subject

to TMC and Police approval, appropriate public liability insurance and subject to

notifications being distributed to affected properties at least 2 weeks prior to the

event and compliance with North Sydney Council‟s standard Road Closure

conditions. Traffic Management Plan and all other relevant documentation must

be sent to the Traffic Management Centre.

11. THAT Traffic Committee endorse the concept plans proposed kerb and

intersection adjustments on Merlin Street and Park Avenue, pedestrian crossing

improvements on Merlin Street, and separated cycleway along Merlin Street,

Ernest Street and Park Avenue as proposed in the Route 2 Cycleway and

Streetscape Improvement Plan.

12. THAT relevant signal plans and traffic assessments relating to the proposed

traffic signals at the intersection between Ernest Street and Merlin Street be

forwarded to the RMS for assessment.

13. THAT the detailed design plans for the proposed kerb and intersection

adjustments on Merlin Street and Park Avenue, pedestrian crossing improvements

on Merlin Street, and separated cycleway along Merlin Street, Ernest Street and

Park Avenue as proposed in the Route 2 Cycleway and Streetscape Improvement

Plan be referred to the Traffic Committee for approval under delegated authority

prior to construction.

14. THAT Traffic Committee endorse the proposed kerb adjustments in

Benelong Road and Macpherson Street, and cycle route pavement marking/line

marking on Benelong Road, Brightmore Street, Tobruk Avenue, Samora Avenue,

Ryries Parade Lodge Road and Ellalong Road proposed in Stage 1b of the Route

2 Cycleway and Streetscape Improvement Plan.

COUNCIL – 17/08/15 EPS (17)

15. THAT the detailed design plans for the proposed kerb adjustments in

Benelong Road and Macpherson Street, and cycle route pavement marking/line

marking on Benelong Road, Brightmore Street, Tobruk Avenue, Samora Avenue,

Ryries Parade Lodge Road and Ellalong Road proposed in Stage 1b of the Route

2 Cycleway and Streetscape Improvement Plan be referred to the Traffic

Committee for approval under delegated authority prior to construction.

16. THAT subject to RMS endorsement of the Wheeler Lane TMP and Design

Plan, Council approves the installation of a Shared Zone in Wheeler Lane, North

Sydney (application for Wheeler Lane to become a Shared Zone to be submitted

to Speed Management Team for assessment prior to RMS decision to approve or

not).

17. THAT the Abandoned Vehicles Processed Report be received.

18. THAT Council staff be congratulated on the meticulous work done

consistently over a long period of time to ensure abandoned vehicles in the North

Sydney LGA are managed effectively.

19. THAT Council Traffic Engineers investigate solutions to the issue of

vehicles reversing in Wonga Road against the one way flow and any proposed

solution be referred to the Traffic Committee for approval.

20. THAT Council's Traffic Engineers investigate how parking can be provided

at the rear of businesses in Zig Zag Lane between Burlington Street and Ernest

Place.

21. THAT the plans received by the Traffic Committee prepared by Lipman

Constructions (Construction Contractor for Department of Education) only be

approved on the condition that RMS reviews the design and that it is

demonstrated to the RMS by the proponent that the location will meet the vehicle

and pedestrian warrants for a pedestrian crossing and that the effect of the west

bound turning vehicles into Anzac Avenue will not cause significant delays in

traffic on Ernest Street.

22. THAT Council investigate speeding in Grosvenor Lane and possibility of

making the area a shared zone

23. THAT Council investigate the size limits of trucks in Grosvenor Lane and

confirm whether or not there has been any breach in the original consent granted

to companies who use the road for transporting goods.

24. THAT Council write to concerned parents outlining the reasons why a new

crossing will not be installed on Yeo Street surrounding Neutral Bay Public

School - the Traffic Committee agreed unanimously that there are adequate

pedestrian safety measures currently on Yeo Street.

24. EPS09: Administration of Special Rates Levied for Crows

Nest and Neutral Bay Business Areas - Five Year Capital Works

Program

Report of Adam Deutsch, Project Manager - Duncan Mitchell Director Engineering

and Property Services

At its meeting held on 16 March 2015, (Min. No. 68), Council resolved the

following:

COUNCIL – 17/08/15 EPS (18)

2. THAT from July 1 2015, all operational and capital expenditure of Special

Rates levied for identified projects and programs in the Crows Nest and Neutral

Bay Business Areas be resolved on by Council.

6. THAT A five year Capital Works Program for the Crows Nest and Neutral Bay

Business Areas be developed and adopted by Council. The Capital Works

Program is to clearly identify the projects where Special Rates levied will be

utilised.

The cost of transferring the full administration and reporting of the Special Rates

levied for the Crows Nest and Neutral Bay Business Areas would be incorporated

into Council‟s current financial operations.

The cost of an annual independent audit report on levied funded expenditure for

Crows Nest and Neutral Bay Business Areas would be funded from the levy and

would only require a minor variation to the current Audit tender.

Recommending:

1. THAT Council endorse the levy funded Operating Budgets for 2015/16 for

Crow‟s Nest Main Street Pty Ltd and the Neutral Bay Chamber of Commerce.

2. THAT Council adopts the proposed 5 year capital works program for Crows

Nest and Neutral Bay and the accompanying allocations of Levy and Council

funded capital works expenditure in these two Village Centres.

3. THAT If there are any requested changes to the levy funded Operating

budgets for Crows Nest Mainstreet and Neutral Bay Chamber of Commerce a

report is to be brought back to Council seeking endorsement.

4.THAT If there are any changes to the 5 year capital works program for Crow‟s

Nest and Neutral Bay and the accompanying allocations of levy and Council

funded capital works expenditure in these two Village Centres a report is to be

brought back to Council seeking endorsement.

COUNCIL – 17/08/15 OSES (19)

Open Space & Environmental Services Division

25. OSE01: Hard Surface Weed Control - Tender 49/2015

Report of David Manson - Parks and Reserves Manager

Tenders were called and were received until 4.00 pm on Wednesday the 1st of

July 2015 for the submission of tenders to undertake hard surface weed control



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

Recommending:


49/2015 for hard surface weed control.


49/2015 under signature of the Mayor and the General Manager.

3. THAT information relating to the successful tender be published in Council‟s

Register of Contracts as required by Government Information (Public Access) Act

2009 - Part 3 Division 5 - Government Contracts With Private Sector.

26. OSE02: URM Corporate Restructure - Assignment of Waste

Collection Services Contract

Report of Bob Stechiwskyj, Waste Management Officer

Following a corporate restructure, URM is seeking Council‟s approval to the

assignment of the Collection of Waste and Recycling and the Provision of Call

Centre Services to URM Group.

URM is the incumbent waste collection services contractor. Under clause 13.2 of

the Contract, the contractor shall not assign its rights or obligations under the

contract without the prior written consent of Council. A change in the

management of the company or control of 30% or more of the voting capital of

the contractor is deemed to be an assignment. The restructure at URM falls within

this definition and, accordingly, requires Council‟s approval.

Recommending:

1. THAT Council consents to the assignment of the Waste Collection Services

Contract to URM Group Pty Limited.

2. THAT URM be advised to provide a parent company guarantee for URM

Group guaranteeing the continued performance of the obligations under the

contract.

3. THAT URM be advised of Council‟s decision.

COUNCIL – 17/08/15 Correspondence (20)

PETITIONS

27. PET01: Fencing of Ilbery Reserve

Submitting 2 petitions with a total of 65 names opposing the fencing of Ilbery

Reserve.

CORRESPONDENCE

28. C01: Sydney Coastal Councils Group

Submitting correspondence from Sydney Coastal Councils Group (13 July 2015)

with Minutes and Actions of the Ordinary Meeting, held on 20 June 2015 at City

of Sydney Council.

COUNCIL - 17/08/15 NoM (21)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

29. NoM01: Notice of Motion No. 12/15 by Cr Baker - 11/08/15

Re: Interim Heritage Order – “Lansdowne”, Neutral Bay

THAT Council be provided with a progress report on the heritage assessment of

“Lansdowne” commissioned by Council and the group of concerned residents.

30. NoM02: Notice of Motion No. 13/15 by Cr Beregi - 11/08/15

Re: Publication of Confidential Materials

THAT Council request a meeting with the Editor of the Mosman Daily to discuss

the publication of confidential materials in their paper.

Background

There have now been two breaches of the Code of Conduct, one finding against

Cr Bevan and one finding against Cr Gibson, in relation to the provision and

publication of confidential Council documents in the Mosman Daily. It is

understood that this has occurred despite advice to the publication, on at least one

occasion, that the material in question was confidential. The publication of

confidential documents undermines the public's confidence in the Council, as

well as in local government and at all levels of government.

North Sydney Council is an open and transparent Council. However, there are

matters pertaining to Council, especially relating to staff, that must be kept

confidential as the releasing of such information could be damaging. The meeting

will discuss Council's relationship with the publication.

31. NoM03: Notice of Motion No. 14/15 by Cr Beregi - 11/08/15

Re: LGNSW submissions

THAT LGNSW resolve to lobby the Minister and the OLG to review the Model

Code of Conduct, especially in relation to penalties for breaches of

confidentiality and providing confidential information to the media and/or

unauthorised third party.

COUNCIL - 17/08/15 NoM (22)

32. NoM04: Notice of Motion No. 15/15 by Cr Carr - 11/08/15

Re: Leaking of Confidential Information – External Investigation

THAT Council engage an external investigator to undertake a through

investigation to examine the circumstances surrounding the leaking of

confidential information pertaining to the recent Council Meeting, where the

Mosman Daily journalist Andrea McCulloh is in receipt of information that was

subject to a closed session of Council:

CoS02 Governance Committee meeting minutes 29th June 2015 item G10-

General Managers Performance Agreement and Remuneration Review

(Confidential)

It should be noted that this is the third such occurrence where confidential

information has been leaked with two Councillors previously sanctioned. Further,

THAT Council write to the Minister and the Office of Local Government

advising of this motion which follows on from findings against Crs Bevan and

Gibson and that Council again expresses its on-going concern regarding the lack

of sanction for breaches involving confidential material.

33. NoM05: Notice of Motion No. 16/15 by Crs Beregi and

Marchandeau - 11/08/15

Re: Intersection of Abbott and Palmer St, Cammeray

THAT Council call for an urgent report into the recent accident (Sunday 9

August 2015) and on-going concerns regarding the intersection of Abbott and

Palmer Streets, Cammeray. The report should include details of recent accidents,

submissions received from residents, increased residential density, increased

traffic flow resulting from the redevelopment of the North's Club, consultation

with the school, as well as recommendations for traffic interventions including,

but not limited to, a roundabout, traffic lights, speed cameras and traffic calming

devices.

Backgound

Council has been approached on many occasions over the last few years

requesting action be taken in relation to the intersection of Abbott and Palmer

Street, Cammeray. A recent accident (9 August 2015) has prompted a number of

worried residents to write again in relation to their serious safety concerns at this

intersection, noting that had this accident occurred on a school day, the

consequences could have been far worse. Recent commercial developments

(Norths Club refurbishment) and increased residential density has resulted in an

increased amount of traffic and pedestrians in the area - Cammeray Public School

is also nearby with many children having to cross this intersection on their walk

to and from school. This report should cover, but not be limited to, the issues

COUNCIL - 17/08/15 NoM (23)

outlined above as well as make recommendations that are consistent with current

and future residential and commercial density implications.

COUNCIL - 17/08/15 Questions (24)

QUESTIONS WITH NOTICE

34. QN01: By Councillor Baker – Response to QWN 20/07/15

Re: Correspondence from LGNSW

Has the Council or the Mayor received correspondence from Local Government

NSW in relation to the application of cl 208? If so, could that correspondence be

circulated to all councillors.

Response

Council has not received any correspondence from Local Government NSW in

relation to the application of cl 208 of the Local Government Regulations.

The Mayor has provided a response, which has been distributed to councillors

separately.

35. Q02: By Councillor Beregi - 11/08/15

Re: Ilbery Reserve - Correspondence

Could the Mayor please provide Council with copies of correspondence and/or

the details of any communications between herself and Jillian Skinner MP,

Member for North Shore or her office, in relation to Ilbery Reserve?

36. Q03: By Councillor Beregi - 11/08/15

Re: Correspondence to Office of Local Government

Could the Mayor please provide to Council and all councillors, a copy of the

correspondence that was sent to the Office of Local Government which resulted

in the letter from the OLG dated 17 June 2014 addressed to the Mayor, which

was attached to the late Mayoral Minute tabled at the 20 July 2015 Council

meeting, and/or could the General Manager please write to the OLG requesting

such correspondence.

37. Q04: By Councillor Reymond - 12/08/15

Re: Final Investigation Report (20 July 2015)

On 20 July 2015, Council considered Item CoS08 - Final Investigation Report

and resolved as follows:

COUNCIL - 17/08/15 Questions (25)

1. THAT the Mayor, Councillor Jilly Gibson, be counselled for her conduct and that

such counselling include training in ethics and integrity in public office.

2. THAT Council note with concern that this is the second finding by an independent

investigator of a breach of the Code of Conduct in respect of the Mayor.

3. THAT pursuant to clause 8.56(a) of Council’s Code of Conduct, Councillor Gibson be

required to provide a written apology to the injured parties within 3 working days and

that the recipients of the apology be free to use such a document in order to restore any

reputational damage.

4. THAT the reason for Council expanding on the recommendation in relation to the

timing of the apology and the ability of the injured parties to restore reputational

damage is:

to avoid institutional risk in other forums to Council;

because Council considers that the statements made are serious, reckless and

significant and ought to be remedied as swiftly as possible in circumstances where this

Code of Conduct process has taken more than 6 months to review and resolve.

5. THAT a copy of this resolution be forwarded to the Minister and Office of Local

Government.

Has the Mayor complied with paragraph 3 of this resolution of Council?

38. Q05: By Councillor Gibson - 12/08/15

Re: DEPA Union

1. Has Cr Baker or any other Councillor had any personal, email, phone, or social

media contact with Mr Ian Robertson, the Secretary of the Union DEPA?

2. Has Council's General Manager or any of Council's Directors had any

personal, email, phone or social media contact with Mr Ian Robertson the

secretary of the Union DEPA this calendar year?

3. Has Mr Ian Robertson, the Secretary of the Union DEPA, had any business

dealings with any Councillor or any staff member this calendar year?

4. Has North Sydney Council paid any monies for any purpose to DEPA or Mr

Ian Robertson this calendar year?

QUESTIONS WITHOUT NOTICE

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