3697th MEETING COUNCIL will be held at the Council ... · Council Chambers 16 November 2017 The 3697th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm

Council Chambers

16 November 2017

The 3697th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at

7.00pm on Monday, 20 November 2017. The agenda is as follows.

ADRIAN PANUCCIO

A/GENERAL MANAGER

North Sydney Council is an Open Government Council. The records

of Council are available for public viewing in accordance with this

policy, with the only exception being made for certain confidential

documents such as legal advice, matters required by legislation not to

be divulged, and staff matters.

APOLOGIES/LEAVE OF ABSENCE

ACKNOWLEDGEMENT OF COUNTRY

IDENTIFICATION OF MATTERS BROUGHT FORWARD -

CONFIRMATION OF MINUTES of the previous Meeting

DECLARATIONS OF INTEREST

MATTERS REFERRED TO COUNCILLOR INSPECTIONS

MINUTES OF THE MAYOR

DETERMINATION OF MATTERS BROUGHT FORWARD -

RESCISSION MOTIONS of which due notice has been given

REPORTS from Officers of Council

CORRESPONDENCE to be read, and if necessary ordered upon

MOTIONS of which due notice has been given

QUESTIONS of which due notice has been given

QUESTIONS without notice.

COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

Cr StephenBARBOURTUNKS WARD

DIRECTORCommunity &

Library ServicesMr Martin ELLIS

DIRECTOREngineering &

Property ServicesMr Duncan MITCHELL

DIRECTOROpen Space &

Environmental Services

Mr Robert EMERSON

DIRECTORCity Strategy

Mr Joseph HILL

MANAGERS A/CHIEF OPERATING

OFFICERMr Ross

McCREANOR

Cr Zoë BAKERWOLLSTONECRAFT

WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

ACTING DIRECTORCorporate Services

Ms Sandra MOORE

PUBLIC GALLERY

ACTING GENERAL MANAGER

Mr Adrian PANUCCIO

Cr TonyCARR

TUNKS WARD

Cr JessicaKEEN

VICTORIA WARD

Cr KathrynBRODIEVICTORIA

WARD

Cr MaryAnnBEREGI

VICTORIA WARD

Cr Ian MUTTONWOLLSTONECRAFT

WARD

Cr SamuelGUNNING

WOLLSTONECRAFTWARD

Cr AlanyaDRUMMOND

TUNKS WARD

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

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

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

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

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

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

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

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

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

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

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

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

Brodie, Carr, Drummond, Gunning, Keen and Mutton.

SUBJECT: 3697th MEETING OF COUNCIL TO BE HELD ON MONDAY, 20

NOVEMBER 2017

THAT THE MINUTES of the previous 3696th Council Meeting held on

Monday, 20 November 2017 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

COUNCIL - 20/11/17 GMO (2)

REPORTS

General Manager’s Office

1. GMO01: Matters Outstanding

Report of Adrian Panuccio, Acting General Manager

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

the meeting of 30 October 2017 is presented.

Recommending:

1. THAT the report be received.

2. GMO02: Code of Conduct Statistics Report

Report of Ross McCreanor, Chief Operating Officer/Complaints Coordinator

In accordance with Council’s Code of Conduct - Councillors and Staff,

Council’s Complaints Coordinator must report on a range of complaints

statistics to the Council and to the Office of Local Government by 31 December

2017 for the period 1 September 2016- 31 August 2017.

Costs incurred through the administration of the code of conduct is down from

$81,493 in the previous reporting period to $14,102. Further, the number of

code of conduct complaints received is down from 10 in the previous reporting

period to 4.

Recommending:

1. THAT the Code of Conduct Statistics Report be received.

3. GMO03: North Sydney Council Annual Report 2016/17

Report of Katrina Furjanic, Corporate Planning Coordinator

Council’s Annual Report for the financial year ended 30 June 2017 has been

completed in accordance with section 428 of the Local Government Act 1993,

the Local Government (General) Regulation 2005 (Part 9, Division 7) and the

Office of Local Government’s Integrated Planning and Reporting Guidelines.

Recommending:


4. GMO04: Integrated Planning and Reporting Framework

Review

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

Katrina Furjanic, Corporate Planning Coordinator

In accordance with legislative requirements North Sydney Council must review

its Integrated Planning and Reporting Framework consisting of the Community

Strategic Plan, Delivery Program and Resourcing Strategy. Each newly elected

council must complete the review by 30 June in the year following the local

COUNCIL - 20/11/17 GMO (3)

government elections and roll the planning period forward. Council must

prepare a:

a) Community Strategic Plan - with minimum 10-year view.

b) Delivery Program - three years not four years to align with the current term

of council and the next scheduled local government elections.

c) Resourcing Strategy - with minimum 10-year view.

The purpose of this report is to:

a) advise the Council of its responsibilities in reviewing its Integrated Planning

and Reporting Framework; and

b) seek endorsement of the Community Engagement Strategy proposed for the

review of the Community Strategic Plan. The strategy outlines the proposed

engagement process and timeframe.

Funds are allocated in the adopted 2017/18 Budget to undertake the review of

the Integrated Planning and Reporting Framework Review.

Funding for the project is appropriate.

Recommending:

1. THAT Council notes the preparation timetable for the review of the

Community Strategic Plan which is also applicable to the review of the other

components of Council’s Integrated Planning and Reporting Framework.

2. THAT Council endorses the Community Engagement Strategy for the review

of the Community Strategic Plan.

COUNCIL – 20/11/17 CiS(4)

City Strategy Division

5. CiS01: Planning Proposal 3/17 – 24 Cranbrook Avenue,

Cremorne – Update

Report of Ben Boyd, Executive Strategic Planner

On 24 July 2017, Council resolved to adopt Planning Proposal 3/17 which

sought to identify 24 Cranbrook Avenue, Cremorne as a heritage item under

North Sydney Local Environmental Plan 2013 (NSLEP 2013) and forward the

Planning Proposal to the Department of Planning and Environment (DPE) in

order to receive a Gateway Determination.

The Minister for Planning issued a Gateway Determination on 29 August 2017,

permitting the Planning Proposal to be placed on public exhibition. The

Gateway Determination was also accompanied by written authorisation to

exercise the plan making functions of the Minister for Planning under s.59 of

the Environmental Planning and Assessment Act 1979 (EP&A Act). This

allows Council, following final endorsement, to liaise directly with

Parliamentary Counsel and to make the amendment.

On 30 October 2017, Council considered a post exhibition report in relation to

the Planning Proposal, wherein it resolved to forward the Planning Proposal

unamended to Parliamentary Counsel with a request that an LEP be made giving

effect to the Planning Proposal.

On 9 November 2017, the DPE revoked Council’s written authorisation to

exercise the plan making functions of the Minister for Planning. This report

addresses that revocation.

Nil.

Recommending:

1. THAT Council write to the Department of Planning and Environment to:

(a) outline the potential implications if they do not make a determination before

28 February 2018 in relation to the Planning Proposal and impending Land and

Environment Court proceedings; and

(b) Object to the inference that Council has not followed due process in its

consideration of the Planning Proposal.

6. CiS02: Sydney North Planning Panel - Membership

Nomination 2017-2018

Report of Vera Xia, Student Strategic Planner

On 30 October 2017, Council considered a report in relation to the nomination

of members to the Sydney North Planning Panel for the 2017-2018 period.

Council resolved to nominate Councillor Drummond and Councillor Mutton,

with Councillor Barbour as an alternative, to represent North Sydney Council

on the Panel.

On 6 November 2017, both Councillors Drummond and Mutton advised the

General Manager that they were unable to fulfil their commitment to the role

and withdrew from their appointment.

As a result, this report seeks a decision regarding Council’s Planning Panel

membership for the coming year. It is recommended that Council endorses two


Councillors as members on the Panel and an additional Councillor as an

alternate, with membership reviewed in 12 months’ time.

Nil.

Recommending:

1. THAT Council nominate two (2) Councillors with at least one (1) further

Councillor nominated as an alternative to represent North Sydney Council on

the Sydney North Planning Panel.

2. THAT the Panel membership be reviewed in 12 months’ time.

7. CiS03: Draft Amendment to NSDCP 2013 –

Undergrounding of Overhead Cables

Report of Vera Xia, Student Strategic Planner

On 30 October 2017, Council considered a post exhibition report (refer to

Attachment 1) in relation to the draft Undergrounding Overhead Cables Master

Plan and draft amendment to North Sydney Development Control Plan 2013

(NSDCP 2013). That report recommended:

1. THAT Council note the results of the exhibition of the draft Master Plan and

draft DCP amendment.

2. THAT Council adopt the Undergrounding Master Plan as amended,

following Attachment 2 to this report.

3. THAT Council adopt the draft amendment to NSDCP 2013 unamended,

following Attachment 3 to this report.

4. THAT public notice of the amendments to NSDCP 2013 be given.

5. THAT Council adopt a new standard condition of consent that requires the

surveying of undergrounding infrastructure when undergrounding works are

carried out in the public domain.

6. THAT all submitters be notified of Council’s decision and thanked for their

submissions.

Council subsequently resolved to adopt all of the recommendations except

No.3. This resulted in the amendment to NSDCP 2013 not being adopted.

Accordingly, this report seeks to adopt the draft amendment to NSDCP 2013

(refer to Attachment 3 in the previous report) unamended, such that the intent

of undergrounding cables can be implemented in a more co-ordinated manner.

Nil.

Recommending:

1. THAT Council adopt the draft amendment to NSDCP 2013 unamended.

2. THAT public notice be given of the amendment to NSDCP 2013.

8. CiS04: Public Art Masterplan - Status Update

Report of Jenny Gleeson, Manager Integrated Planning and Special Projects

This report deals with five inter-related matters concerning public art in the

North Sydney local government area. These are:

a) proposed amendments to the existing North Sydney Public Art Trail -

recommending that the following sites be removed from the existing Art Trail,

as Site 4 at Quibaree Park is no longer suitable due to recent landscaping works

undertaken by Council; and the owner’s consent has never been received for


Site 11, the Wheeler Lane building facade. Leaving one gap in the existing Art

Trail, being Site 7 at St Peters Park;

b) under Development Application 96/2015, Council complete Site 7 of the

North Sydney Public Art Trail by undertaking an Expressions of Interest process

for which funding has been included in the adopted 2017/18 Operational

Plan/budget;

c) notification that the offer from Sculpture by the Sea, to accept the 2016, 2017

and 2018 winners of that competition, has been withdrawn;

a summary of the key findings of the Development Application 169/2017

submissions; and

d) a Public Art Masterplan (inclusive of the North Sydney Public Art Trail and

review of Council’s Public Art Policy) be prepared in place of a North Sydney

Public Art Trail Masterplan, and that the project be included in the next Delivery

Program and budget.

Addressing the above matters is a necessary first step in progressing the

undertaken of a Public Art Masterplan for the North Sydney local government

area.

$150,000 has been allocated in the adopted 2017/18 Operational Plan/budget

for the St Peter’s Park site. A budget for a whole of local government area

Public Art Masterplan is proposed for consideration in 2018/19.


Recommending:

1. THAT the following sites be removed from the existing North Sydney Public

Art Trail:

a) Site 4 at Quibaree Park, Lavender Bay which is no longer suitable due to

recent landscaping works undertaken by Council; and

b) Site 11 at Wheeler Lane, (12 Mount Street) for which owner’s consent has

not been received.

2. THAT Council, under Development Application 96/2015, complete the

North Sydney Public Art Trail by undertaking an Expressions of Interest process

for Site 7 in St Peters Park.

3. THAT Council notes that the offer by Sculpture by the Sea to Council to

accept the 2016, 2017 and 2018 winners of that competition, has been

withdrawn.

4. THAT Council notes the key findings of Development Application 169/2017

submissions.

5. THAT a Public Art Masterplan (inclusive of the North Sydney Public Art

Trail) be prepared in place of a North Sydney Public Art Trail Masterplan, and

that the project be included in the next Delivery Program and budget.

9. CiS05: Easy to do Business

Report of James Marshall, Economic Development Coordinator

The purpose of this report is to seek approval from Council to participate in the

NSW Government’s Easy to do Business program. The program brings

agencies, local councils and industry bodies together to make the process of

opening or expanding a small business simpler and faster. The current focus of

the program is on cafes, small bars and restaurants.

The financial implications are minor.


Recommending:

1. THAT North Sydney Council resolves to participate in the NSW

Government’s Easy to do Business program.

COUNCIL - 20/11/17 CLS (8)

Community & Library Services Division

10. CLS01: May Gibbs’ Nutcote Joint Plan of Management

2017-19 and New Constitution

Report of Martin Ellis, Director, Community and Library Services

Council’s policy for aligning the activities of its community facilities with

Council’s overall purposes is for the development of Joint Plans of Management

(JPoMs). Following public exhibition of its Strategic Plan 2017-19 in

September 2017, the Nutcote Trust Board has provided the plan to Council now

to be included in the JPoM.

Concurrently with this, Council has been guiding the Board in updating the

Nutcote Trust Pty Ltd’s 1990 Constitution.

The Constitution of Nutcote Trust Pty Ltd (ACN 003 963 148) was approved

by the shareholders at the Annual General Meeting on 24 October 2017.

Recommending:

1. THAT the draft May Gibbs’ Nutcote Plan of Management 2017-2019 be

placed on Public Exhibition for 28 days.

2. THAT should Council receive substantive submissions a further report be

prepared. Should Council receive no substantive submissions it considers the

May Gibbs’ Nutcote Plan of Management 2017-2019 as adopted after the period

closes.

3. THAT Council notes the Constitution of Nutcote Trust Pty Ltd (ACN 003

963 148) is in force.

4. THAT Council resolves to have the A/General Manager’s share in Nutcote

Trust Pty Ltd (ACN 003 963 148) be transferred to North Sydney Council.

5. THAT in the event either or both the General Manager and Director,

Community and Library Services are unable to attend general meetings of the

Nutcote Trust, the Manager Library Services and the Council Historian be

granted delegation to vote on Council’s behalf.

11. CLS02: Library Matters – Shorelink Deed and Don Bank

Launch

Report of Rebecca Aukim, Manager, Library Services

This report also provides information on the new Shorelink Deed, the Library’s

2016/17 Annual Report and Launch of the Don Bank Exhibition – Don Bank:

The Story of a House.

Lane Cove, Mosman and North Sydney Councils have agreed on a new Deed

of Agreement to carry the Shorelink Library Network into 2018/19 and beyond.

This follows Willoughby Council’s decision to withdraw from the Network (to

stand alone) in November 2017 and Manly Council’s decision to withdraw in

June 2018 in order to share its Library databases with Warringah and Pittwater

Councils in the newly formed Northern Beaches Library Service.

North Sydney’s contribution for 2018/19 is estimated at $125,094; an increase

of $6,498 over 2016/17, attributable mainly to the two Councils’ withdrawing.

COUNCIL - 20/11/17 CLS (9)

Recommending:

1. THAT Council authorise its Official Seal to be affixed to the Shorelink Deed

of Agreement 2017 under the signature of the Mayor and the General Manager.

2. THAT Council receives the Stanton Library Annual Report 2016/17.

12. CLS03: McMahons Point Community Preschool and Early

Learning Centre Playground


As part of a review of Children’s Services in Council buildings and their

playgrounds, a sketch design and estimate of costs for refurbishment of the

playground of McMahons Point Community Preschool and Early Learning

Centre has been commissioned from Architects of Arcadia’s Fiona Robbe. This

architect is a long serving member of the International Playground Standards

committee and the designer of Cammeray Children’s Centre’s playground.

The Centre’s playground is a most difficult site and unquestionably the least

well-presented of all Council’s playgrounds within community facilities. It is

non-compliant in many respects (significantly sloping, uneven surface and

concrete path running through it being some of its most obvious deficiencies).

This gives the staff no alternative but to arrange the play equipment in ways that

are not developmentally ideal for the children. Its one unusual aspect (large

concrete footbridge passing over it), has been considered by the architect as a

unique feature, one that can allow for innovative and changeable play structures

to be suspended from it.

The minor refurbishment of the playground originally envisaged for this year is

no longer appropriate and therefore not recommended. An estimate of probable

costs for an upgrade to bring the playground into compliance has been received

from the Architect.

The additional funds required for this refurbishment can be funded from unspent

S.94 Child Care contributions. However, this will reduce the potential pool of

funds available for children’s services in the 2018/19 capital works program.

Recommending:

1. THAT Council seek Tenders for a refurbishment of the McMahons Point

Community Preschool and Early Learning Centre playground as outlined in the

report.

13. CLS04: Community Arts: Guringai Festival 2017 and the

Children’s Festival 2017


Two of the highlights of the 2017 Community Arts Calendar have now been

completed (the Regional Guringai Festival with an unveiling on 8 November

2017 of the Mater Hospital work celebrating the healing influence of Indigenous

culture); and the culmination of a week’s long program of children’s art

activities at the Children’s Festival on Saturday 4 November 2017.

Both Festivals were completed within budget.

COUNCIL - 20/11/17 CLS (10)

Recommending:

1. THAT staff revisit the program of events for the culmination of the

Children’s Festival in Civic Park 2018, with a view to reinstating traditional

activities.

14. CLS05: James Milson Village Overview and 2016/17 Annual

Report


The vital importance of the not for profit James Milson Village in North

Sydney’s community infrastructure was recently reinforced by the State

Government purchase of the old Georgian House site opposite Council on the

corner of McLaren and Miller Streets (for a Metro entrance). This site had an

approved DA for a new Aged Care facility to be managed by Uniting Care that

would have closed the gap between the needed number of aged care beds

required in North Sydney and those currently provided. JMV is currently the

only affordable Aged Care facility in North Sydney. Its existence is largely due

to the foresight of North Sydney Council, founder and still part owner of the

site.

Following a Governance Review in 2016 commissioned by Council jointly with

the Village, Council sought expressions of interest from the community to

nominate for the Board. The Village’s catchment is North Sydney Mosman,

Lane Cove and Willoughby. Locals, Sarah Kennington and Ally Murphy were

selected from a short list and have now joined the Board for 2017/18. The

former has Aged and Pastoral Care experience and the latter extensive

experience at a senior level in managing modern aged care facilities.

Recommending:


15. CLS06: Australia Day Community Awards 2018

Report of Jess Gledhill, Arts and Cultural Programs Officer

North Sydney Australia Day Community Awards will be held in conjunction

with the Citizenship Ceremony on Friday 26 January 2018. The awards will be

presented by the Mayor of North Sydney, Jilly Gibson and the Australia Day

Ambassador (to be announced). North Sydney’s community awards form part

of the awards program co-ordinated by National Australia Day Council in

partnership with local governments and the Electoral Office.

The related financial implications are negligible. The associated costs are

provided for in the 2017/18 estimates.

Recommending:

1. THAT Council supports the selection of three Australia Day Community

Award Winners – Citizen of the Year, Young Citizen of the Year and

Community Group/Event of the Year.

2. THAT Council write acknowledging at a suitable time the unsuccessful

nominees who have also made substantial contributions to our community.

COUNCIL - 20/11/17 CoS (11)

Corporate Services Division

16. CoS01: 2018 Schedule of Meetings

Report of Ian Curry, Manager Governance and Committee Services

At its meeting on 9 October 2017, Council considered a report regarding

Reconstitution of Council Committees and Reference Groups and resolved, in

part:

3. THAT Council review its Committee, Reference and Working Group structure

early in 2018.

The schedule for all Council and selected Committee meetings has been

developed for 2018 in light of this resolution. Dates for the current Governance

Committee and Legal and Planning Committees, being Council’s standing

committees, have been included in 2018 schedule.

Related financial implications include staff costs. The spread of ‘ordinary hours’

under the Local Government (State) Award 2010 are from 6am to 6pm. Hours

worked outside this spread of hours are payable at the overtime rate. The

overtime rate of pay is time-and-a-half for the first two hours and double time

after that. Employees may elect to take Time in Lieu instead.

This clause does not apply to Senior Staff (as defined in the Local Government

Act 1993) nor to those employees engaged under the Award in the Executive

Classifications (Band 4) where the following applies:

“Employees engaged in Executive Band 4 may be required in addition to their

ordinary hours, to attend meetings of Council and standing and/or special

committee meetings. For the purpose of this subclause an employee who is

required to attend these meetings may be entitled to claim overtime for actual

hours worked after 11pm”.

Recommending:

1. THAT Council adopt the 2018 Schedule of Meetings.

2. THAT an updated Schedule of Meetings for 2018 be prepared following the

review of Council’s Committees, Reference Groups and Working Groups.

17. CoS02: Audit and Risk Committee - Appointment of

Independent Representatives

Report of Sandra Moore, Acting Director Corporate Services

The Charter for Council’s Audit and Risk Committee provides for the

appointment of two independent community members, one of whom is the

Chair, the Deputy Mayor and another Councillor.

The appointment of the two independent members, Mr John Gordon and Mr

Ron Switzer (Chair) expires in December 2017 and this report seeks their

reappointment for a fixed term. During this time, the two positions will be

advertised with a view to appointing one representative to commence in 2019

and the other to commence in 2020.

This matter was on the agenda for the Governance Committee on 6 November

2017 however as that meeting did not proceed due to the lack of a quorum, it is

COUNCIL - 20/11/17 CoS (12)

reported directly to Council as appointments need to be confirmed for next year

in order to have a quorum for the Audit and Risk Committee.

The independent members are paid $500 per meeting.

Recommending:

1. THAT Council extend the appointment of one Audit and Risk Committee

community representative for another 12 months (to December 2018) and the

other for a further 24 months (to December 2019).

2. THAT the current community representatives determine between themselves

who will take the longer term.

3. THAT expressions of interest be called for two Audit and Risk Committee

community representatives, with a view to appointing one representative to

commence in 2019 and the other to commence in 2020.

18. CoS03: Receiving Rates Notices by Email

Report of Sharon Mills, Manager Revenue Services

At its meeting of 24 July 2017, Council considered a Mayoral Minute regarding

this matter and resolved:

1. THAT Council endorse efforts to make rates instalment notification available

by email.

2. THAT a report on the current status of these efforts be prepared for Council.

This report provides a brief summary of the progress to date and the potential

savings as ratepayers take up the option for receiving an emailed rate notice. As

at 8 November 2017, Council had received 826 registrations, representing 2.1%

of our ratepayers.

There are potential savings of $100,000 per year, depending on the proportion

of ratepayers who register for an electronic rates notice.

Recommending:


19. CoS04: Investments and Loan Borrowings Held as at

30 September 2017

Report of Garry Ross, Manager Financial Services

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

portfolio and borrowing limits for the period ending 30 September 2017.

Investment Portfolio:

The portfolio provided an annualised return of 3.48% for the year to date as at

30 September 2017, 1.76% above the reportable benchmark (BBSW Bank Bill

Index). Interest returns 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.

Borrowing Limits:

Council has commenced a $30 million debt facility and as at the reporting date,

has drawn down $9.5 million for capital works projects. Council continues to

monitor interest rate risk whenever it borrows, regardless of whether the interest

rates are fixed or variable.

COUNCIL - 20/11/17 CoS (13)

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

to Council’s internally restricted reserves.

Investments and Loan borrowings funding comply with Council’s Financial

Management Policy.

Recommending:


20. CoS05: Financial Statements for the Year Ended 30 June

2017

Report of Garry Ross, Manager Financial Services (Responsible Accounting

Officer)

The Annual statements were prepared, audited and submitted to the Division of

Local Government on 31 October 2017. The reports have been on public

exhibition and Council has not received any submission as to the contents of the

reports.

Council has received an unqualified audit report.

Please find attached the audited Financial Statements for the year ended 30 June

2017. The document consists of the following four sections:

Section I – Executive Summary;

Section II – General Purpose Financial Statements;

Section III – Special Purpose Financial Statements; and

Section IV – Special Schedules.

The operating result for the year was a surplus from continuing operations of

$27.4 million. This result includes capital grants and contributions of $18.5

million and unrealised (non-cash) capital gains of $5.2 million in the value of

Council’s investment properties.

The audited 2017 Financial Statements have been presented to the Audit and

Risk Committee and at the Councillors Workshop – Finance.

Recommending:

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

Financial Statements for the year ended 30 June 2017 be received.

21. CoS06: Quarterly Budget Review - September 2017

Report of Darren Goode, Accounting Services Manager

The purpose of this report is to inform Council of the results of the review of

the budget for the quarter ended 30 September 2017 and to seek approval to

make the necessary adjustments to the 2017/18 budget to reflect the current

projected estimates of income and expenditure for the year.

The net effect of the adjustments to the 2017/18 revised budget outlined in this

report was the budget remaining in a balanced position at the end of the

September quarter with net transfers from reserves and available working

capital of $29.3 million.

Recommending:

1. THAT the Quarterly Budget Review Statement – September 2017 report be

received.

2. THAT the recommended adjustments to the 2017/18 budget be adopted.

COUNCIL - 20/11/17 EPS (14)

Engineering & Property Services Division

22. 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 9 November 2017.

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

Recommending:

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

‘Attachment A’ of this report.

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

instruments necessary to implement the proposed leasing transactions which are

noted in “Attachment 1” of this report, under the signature of the Mayor and the

General Manager.

23. EPS02: Mitchell Street Plaza - Dedication as Public Road

and Lease to Roads and Maritime Services

Report of Risha Joseph, Property Officer

Mitchell Street Plaza serves as a ‘Through Site Link’ connecting Atchison Street

to Pacific Highway in St. Leonards. Located within Mitchell Street Plaza is a

‘substation’ in the ownership of the Roads and Maritime Services. It is

understood that the ‘substation’ is used as a storage facility for equipment that

provides power to the traffic lights to the local area.

A comprehensive search of the subject site confirmed that it is still in private

ownership. The parcel of land appears to be the residue of a private subdivision

filed at the Land and Property Information as Deposited Plan 2872, circa 1892.

Council has met the criteria to formally dedicate the subject site as a public road.

Once dedicated Council can pursue a lease with the Roads and Maritime

Services.

Council has the necessary funds to undertake this project.

Recommending

1. THAT Council resolves to dedicate the subject portion of Mitchell Street

which connects Atchison Street to Pacific Highway, St Leonards as a public

road.

2. THAT Council resolves to make further representations to secure a lease with

the Roads and Maritime Services for the ‘substation’ located on the subject site

and delegated authority be granted to the Acting General Manager to negotiate

the terms and conditions of the lease.

3. THAT each party be responsible for the payment of their own legal costs.

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

instruments necessary to implement the finalisation of all documents under the

signature of the Mayor and the General Manager.

COUNCIL - 20/11/17 EPS (15)

24. EPS03: Rowlison Parade Footpath Replacement

Report of Jon Higlett, Engineering Infrastructure Manager

At its meeting on 21 June 2017, Council resolved to adopt the following

Councillor Question with Notice and refer it to the relevant officer for a

response:

Why has the footpath on The Boulevarde, Cammeray, at Rowlison Parade, been

closed off from pedestrian use and what would be the cost and logistics in

relation to reinstating the footpath, taking into account safety concerns?

This report details the reasons behind the decision and details a proposal to

replace this footpath in a new location that better serves the users of the

pedestrian path.

The financial implications are outlined within the report.

Recommending:

1. THAT this proposal be designed, costed and submitted to the Traffic

Committee for comment and endorsement.

2. THAT this proposal be considered for funding as part of Council’s Footpath

Construction Program in 2018/19.

25. EPS04: Pacific Highway Paving Public Domain Upgrade –

Tender 10/2018

Report of Adam Deutsch, Project Manager

Tenders were called and were received until 4:00pm, 17 October 2017 for the

submission of tenders to undertake Pacific Highway Paving Public Domain

Upgrade – 10/2018.

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

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

Funding for this project is included in the adopted 2017/18 budget.


Recommending:

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

10/2018 for Pacific Highway Paving Public Domain Upgrade.

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

10/2018 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.

COUNCIL - 20/11/17 OSES (16)

Open Space & Environmental Services Division

26. OSE01: North Sydney Olympic Pool Vinyl Liner

Replacement – Tender No. 6/2018

Report of Norman Boyle, Manager, North Sydney Olympic Pool

The Tender was advertised for the second occasion with no tenders being

received.

Funding for this project was included and adopted in the 2017/18 budget.

Recommending:

1. THAT Council resolve to enter into direct negotiation with suitable

contractors for the North Sydney Olympic Pool Vinyl Liner Replacement.

2. THAT authority be delegated to the General Manager to negotiate with

suitably qualified contractors and enter into a contract for the North Sydney

Olympic Pool Vinyl Liner Replacement works.

3. THAT Council resolve to negotiate to undertake these works in Winter 2018.

27. OSE02: Professional Swimming Coaching Rights, North

Sydney Olympic Pool – Tender No. 7/2018

Report of Norman Boyle, Manager North Sydney Olympic Pool

The current contract for the professional swimming coaching rights concludes

on 31 December 2017.

Consequently a new tender (7/2018) for these rights was offered and advertised

from 29 August to 26 September 2017.

This report seeks Council’s acceptance of the tender of the highest ranked

Tenderer for Contract No. 7/2018.

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

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

Income generated from the Professional Swimming Coaching Rights is

included in the resolved 2017/18 budget.

Recommending:

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

Tender 7/2018 for the Professional Swimming Coaching Rights, North Sydney

Olympic Pool.

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

7/2018 under the 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.

28. OSE03: Small Water Craft Storage Strategy Discussion

Paper – Post Exhibition

Report of Megan White, Landscape Architect/Planner

COUNCIL - 20/11/17 OSES (17)

North Sydney Council is developing a Small Water Craft Storage Strategy

(SWCSS) to ensure that in the future, water craft stored on public land on the

harbour foreshore are managed effectively and equitably, for the benefit of

water craft owners, and for the convenience and enjoyment of the wider

community who wish to access and use North Sydney’s foreshore parks for

recreation. At its meeting of 22/05/17, Council endorsed public exhibition of

the SWCSS Discussion Paper.

The SWCSS Discussion Paper sets out Council’s aims, objectives and a series

of principles that will guide the future of privately-owned water craft stored on

publicly-owned land around the North Sydney foreshores. It aims to provide

residents, ratepayers, stakeholders and the wider community with an

understanding of these objectives and principles, and to provoke thought and

generate discussion about current issues with small water craft storage in North

Sydney.

Public exhibition of the Discussion Paper for a period of 10 weeks has provided

the many interested community members and other stakeholders with an

opportunity to contribute ideas, and offer thoughts and suggestions about the

future of small water craft storage in North Sydney. By the time the (extended)

public exhibition period concluded on 28 August 2017, a total of 40 submissions

had been received. Although the submission period has closed, the Discussion

Paper is still available for viewing on Council’s website.

Community and stakeholder feedback has been organised into 6 Key Themes.

The feedback received will now be used to develop a draft Small Water Craft

Storage Strategy. It is planned to then publicly exhibition this draft Strategy to

allow further opportunities for the community and stakeholders to have input

into it, prior to finalisation.

Nil.

Recommending:

1. THAT the information contained in this report be posted on the ‘Small Water

Craft Storage’ page on Council’s website.

2. THAT a draft Small Water Craft Storage Strategy be prepared for public

exhibition.

29. OSE04: St Leonards Park Landscape Master Plan –

Progress Update

Report of Megan White, Landscape Architect/Planner

This report provides information about the ongoing development of a

Landscape Master Plan for St Leonards Park. It sets out the overall project

process, and provides details about the public engagement that has taken place

so far, and its outcomes. The first 3 Stages in the 5-Stage Landscape Master

Plan process are now complete, and the draft Landscape Master Plan for St

Leonards Park is now ready for general public exhibition.

Nil.

Recommending:

1. THAT Council endorse public exhibition of the draft Landscape Master Plan

for St Leonards Park for a period of ten weeks.

COUNCIL - 20/11/17 OSES (18)

30. OSE05: Wendy Whiteley Secret Garden Trust

Report of Rob Emerson, Director Open Space & Environmental Services

The beautification lease for the Wendy Whiteley Secret Garden was executed

on 28 February 2016. At the time of executing the lease it was determined that

the Council and the NSW Government Department of Premier and Cabinet

would work in collaboration to create a charitable trust arrangement to assist

with the funding and management of the garden into the future.

The Charitable Trust Deed has now been completed and North Sydney Council

is the appointed Trustee.

Council will allocate the money it receives from booking and hire fees for social

events and filming in the Wendy Whiteley Secret Garden (approximately

$15,000 per annum) to the Trust annually.

Recommending:

1. THAT Council resolves to be the Trustee of the Wendy Whiteley Secret

Garden Trust.

2. THAT the Charitable Trust Deed be adopted by Council.

3. THAT Council authorise its Official Seal to be affixed to the Trust Deed

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

4. THAT Council allocate the money it receives from booking and hire fees for

social events and filming in the Wendy Whiteley Secret Garden (approximately

$15,000 per annum) to the Trust annually.

5. THAT Council celebrate the milestone of the long term lease with RailCorp

and the finalisation of the of the Wendy Whiteley Secret Garden Charitable

Trust Deed by hosting with Wendy an afternoon tea garden party for the

community and friends of the garden prior to the end of this year.

31. OSE06: Pet Friendly Parks Grants Competition

Report of Kate Bambrick-Browne, Landscape Grants Coordinator

At its meeting of 26 June 2017, Council considered a Notice of Motion by

Councillor Morris and resolved:

“THAT Council identify an appropriate park to upgrade to make more pet

friendly and then apply for a Pet Friendly Park Grant from the Keep Australia

Pet Friendly campaign.”

Council was notified by email on 27 October 2017 of the success in obtaining a

grant of $3,000 towards improvements in dog friendly facilities at St Thomas

Rest Park.

In order to claim the grant from Keep Australia Pet Friendly, evidence is

required prior to 27 November 2017 of a carried motion by Council allocating

at a minimum the matching funds of $3,000.

This report provides details of the grant and application.

The associated costs will be covered by the 2017/2018 budget.

Recommending:

1. THAT Council provide funds of $4,000 in order to meet the terms for the

funding offered under the Keep Australia Pet Friendly, Pet Friendly Parks

Grants Competition for improvements to St Thomas Rest Park.

COUNCIL - 20/11/17 OSES (19)

32. OSE07: Processing of Kerbside Collected Recyclable

Material - Response to Notice of Motion

Report of Bob Stechiwskyj, Waste Management Officer

Recent media focus has raised concerns about the efficacy of the processing of

kerbside collected recyclable material. The reports suggest that the recycling

industry is in turmoil with materials being stockpiled or landfilled rather than

being processed and recycled.

URM is the incumbent contracted collection services provider for North Sydney

Council. Under the terms of the collection services contract, URM owns and

collects all commingled recyclable material and transports it to Visy at

Smithfield. Visy is one of Australia’s largest recyclers, with an international

footprint. At the Smithfield facility, Visy separates cardboard, paper plastic,

steel, aluminium and glass. Most of the materials recovered are processed by

Visy; the major exception being glass and certain classes of plastics. Whilst

Council does not have a direct contract with Visy, the recycler is an international

company which prides itself on its sustainability credentials and reputation to

ensure it optimises resource recovery. North Sydney Council monitors that all

kerbside recycling collected is transported to Visy for processing through

URM’s monthly performance reports and tipping dockets.

Nil.

Recommending:


COUNCIL - 20/11/17 Correspondence (20)

PETITIONS

Nil

CORRESPONDENCE

Nil

COUNCIL – 20/11/17 NoM (21)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

33. NoM01: Notice of Motion No. 47/17 by Cr Carr – 7/11/17

Re: Donation of an Historic Piece of Sculptural Significance

1. THAT the Acting General Manager make contact with Mr Peter Keel and

advise him of Council’s interest in exploring the opportunity of accepting the

donation of an historic piece of sculptural significance, titled Pipers Rill.

2. THAT the Acting General Manager undertake the necessary due diligence

(if required) in determining the logistics in relocating the Fountain to temporary

accommodation until a formal site can be determined.

3. THAT Council investigate and identify potential locations that the fountain

can be installed within the LGA and initiate a Councillor briefing to determine

the final location.

4. THAT the final location of the fountain be discussed with Ms Jane Van

Hagen and endorsed prior to any work being undertaken.

5. THAT Council write to Mr Peter Keel and thank him for his kind offering of

donating the Woodward sculpture to the residents of North Sydney.

Background

Council has been approached by a resident who wishes to donate a historic piece

of sculptural significance to North Sydney Council. On acceptance it is intended

that the piece will remain in public hands for perpetuity

Mr Peter Keel (Bank St, McMahons Point) has a Robert Woodward

commissioned architectural fountain on his premises. Mr Keel is currently

looking to sell his property and wishes to donate the unique piece to North

Sydney Council allowing all to be able to enjoy the brilliance and tranquillity

that an additional "Woodward" can bring to the residents of North Sydney. This

donation into public hands comes with the endorsement of the Woodward

family (Jane van Hagen).

Discussions have been initiated with the original installer who can supervise the

relocation. The relocation comes with logistical complexities that need to be

considered prior to a commitment by Council to undertake this potentially

difficult task. This coupled with a feasibility study needs to be undertaken to

determine the most appropriate location and report back to Council with the

findings. I understand that due to time pressures a temporary home will need to

be identified to ensure safe keeping till a formal location is identified and

preparatory work undertaken.

COUNCIL – 20/11/17 NoM (22)

34. NoM02: Notice of Motion No. 48/17 by Cr Brodie – 15/11/17

Re: Skateboard /Scooter Facilities in North Sydney

1. THAT Council staff prepare a brief report on existing skateboard/scooter

facilities in North Sydney.

2. THAT the report includes an assessment of the current facility in North

Sydney and whether it meets the current demand for skateboarding/scootering.

3. THAT the local users of Cammeray skate park give feedback about what

additional facilities they would like to use and if the current skate park meets

their needs.

4. THAT Council identify any additional sites that might be suitable for a

skateboard/scooter park.

Background

North Sydney has over 25 parks with play equipment for children. These

children grow up but there are limited public facilities for teenagers to use. I

acknowledge that there is St Leonards Park with Planet X Youth drop in centre,

a basketball court and Cammeray Skate Park, all of which are well supported

by the teenage community.

As apartment dwellings increase in our community and backyards become rarer,

teenagers as well as children need access to passive and active spaces. Our local

public schools are all at capacity and we have over 8 private schools. Council

should focus on additional facilities for the teenage kids in the area. I would like

to see them consulted as to what they would like to see in the area.

35. NoM03: Notice of Motion No. 49/17 by Cr Beregi – 15/11/17

Re: Pedestrian Crossing - Yeo Street

1. THAT Council proceed with the proposed Pedestrian Crossing on Yeo Street

in accordance with standard practice by:

i) Preparing drawings and plans for the proposed crossing clearly showing the

location and impacts, and

ii) Conducting community consultation in accordance with Council’s

community engagement framework, and

iii) Developing a budget and costings for the project, and

2. THAT when the above items are completed, a Council report addressing the

above matters be provided.


Re: B-Line

1. THAT Council again write to the Premier and Minister for Transport, with

copies to the Leader of the Opposition and the Shadow Transport Minister,

again calling for an immediate 6-month moratorium on all infrastructure works

COUNCIL – 20/11/17 NoM (23)

in Cremorne and Neutral Bay so that any further infrastructure works can be

assessed against recent and relevant data.


Re: Safety Around Schools

1. THAT Council write to the Premier and Minister for Education to express

strong support for the recent call by the Shadow Education Minister asking the

State Government to immediately conduct a State-wide audit of safety around

schools, both on-site and off-site, and that such an audit include liaising with

Principals and School Councils, as well as with Local Councils.

38. NoM06: Notice of Motion No. 52/17 by Crs Baker, Beregi and

Carr – 15/11/17

Re: Air Quality Monitoring – Proposed Tunnel Ventilation Stacks, Anzac

Park and St Leonards Park

1. THAT Council write to the Premier and Roads Minister urgently requesting

that RMS undertake air quality monitoring in locations within Anzac Park and

St Leonards Park so that impacts of the proposed tunnels may be accurately and

transparently assessed by the community.

COUNCIL - 20/11/17 Questions (24)

QUESTIONS WITH NOTICE

39. Q01 – Recruitment of General Manager – Crs Baker, Beregi and

Carr – 15/11/17

When will the Mayor and Deputy Mayor circulate the confidential

memorandum updating all Councillors on the process undertaken and progress

of the recruitment of the General Manager?

40. Q02 – LGNSW Membership and Annual Conference –

Cr Beregi– 15/11/17

Could the Acting General Manager please advise the cost of re-joining LGNSW

and advise whether Councillors would have still been able to attend the LGNSW

December conference without re-joining LGNSW, given that the cut-off time

for registration with voting rights had already passed?

QUESTIONS WITHOUT NOTICE

Documents

3697th MEETING COUNCIL will be held at the Council ... · Council Chambers 16 November 2017 The 3697th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm