Council Chambers

26 July 2018

The 3706th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at

7.00pm on Monday, 30 July 2018. The agenda is as follows.

KEN GOULDTHORP

GENERAL MANAGER

North Sydney Council is an Open Government Council. The records

of Council are available for public viewing in accordance with this

policy, with the only exception being made for certain confidential

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

be divulged, and staff matters.

APOLOGIES/LEAVE OF ABSENCE

ACKNOWLEDGEMENT OF COUNTRY

IDENTIFICATION OF MATTERS BROUGHT FORWARD -

CONFIRMATION OF MINUTES of the previous Meeting

DECLARATIONS OF INTEREST

MATTERS REFERRED TO COUNCILLOR INSPECTIONS

MINUTES OF THE MAYOR

DETERMINATION OF MATTERS BROUGHT FORWARD -

RESCISSION MOTIONS of which due notice has been given

REPORTS from Officers of the Council

CORRESPONDENCE to be read, and if necessary ordered upon

MOTIONS of which due notice has been given

QUESTIONS of which due notice has been given

QUESTIONS without notice.

COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR INSPECTIONS OR

RESCISSION MOTIONS SHOULD BE KEPT

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

Drummond, Gunning, Keen and Mutton.

SUBJECT: 3706th MEETING OF COUNCIL TO BE HELD ON MONDAY, 30 JULY

2018

THAT THE MINUTES of the previous 3705th Council Meeting held on

Monday, 25 June 2018 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

1. MM01: Upgrade of Mitchell Street Plaza in St Leonards

Council’s upgrade of the Mitchell Street Plaza in St Leonards includes the

world’s first outdoor “breathing wall” containing more than 6,000 plants. The

wall not only creates a visual and sound barrier between the Pacific Highway

and the plaza, it filters out volatile organic compounds in the air.

The technology, which uses fans, plants and microbial agents in the soil, was

developed by scientists at the University of Technology in Sydney and put into

commercial use by Junglefy. The breathing wall has proved to be powerfully

effective indoors and is expected to perform equally well in outdoor conditions.

It will be tested over the coming months by researchers from UTS.

The plaza includes new seating, lights, trees and a St Leonards place sign on the

breathing wall. The sign developed using a 3D-lenticular technique which

shows the words St Leonards in two different typefaces, creating an optical

illusion with a sense of movement.

The plaza is already being well used by both residents and workers. The

breathing wall has captured the imagination of our community, creating the

largest reach and highest number of video views on Council’s social media

pages. A breathing wall is now being installed in a second site in Sydney and

the walls are expected to become an integral feature of dense urban areas in the

future.

The redesign of the plaza was guided by a working group which included

adjacent land owners and tenants, RMS and design professionals and is a

testament to the excellent results Council can achieve when it works in

partnership with other stakeholders.

I would like to congratulate the EPS project team for incorporating the breathing

wall into the plaza and for creating a modern and comfortable space for residents

and workers to enjoy and thank the Events team for organising such an

enjoyable opening.

I therefore recommend:

1. THAT Council write to the working group who participated in the

development of the design and thank them for their contribution.

2. THAT the technical performance results of the breathing wall be reported

back to Council when they become available and then shared with NSROC.

3. THAT Council identify other public areas that may benefit from a similar

barrier wall.

2. MM02: Vale Sid Londish

North Sydney has lost a visionary and colourful resident. Sidney (Sid) Londish

was one of a handful of entrepreneurs who helped to redefine the real estate

business in Sydney. From the 1980s he was a North Sydney resident with a

substantial portfolio of commercial and residential properties in North Sydney.

His developments had a significant impact on North Sydney.

Like Frank Lowy, Londish pioneered modern retailing with a shopping centre

at St Ives in 1960 - just three years after the landmark Top Ryde centre

introduced car-based shopping to Sydney. Southside Plaza in Rockdale

followed in 1963.

Like Harry Triguboff, Londish made a mark in residential apartment

development, but specialising in blocks of luxury units rather than Meriton’s

large-scale mass market developments.

Coincidentally, he shared Triguboff’s Chinese origins and his Russian heritage.

Londish was born in Tientsin in 1924, to an English-Australian father and a

Russian mother. He came to Australia as an infant. The young man he described

himself as a toolmaker when, in 1942, he enlisted in the Royal Australian

Airforce at the Recruiting Centre in Woolloomooloo where he grew up and his

father’s engineering business was based. When he was discharged in 1946,

Londish was a Leading Aircraftman.

He was quick to see the opportunities that came with unprecedented affluence

in the post-war years and property development was more promising than

engineering. Having succeeded with shopping centres, Londish looked to

redevelop his own neighbourhood of Woolloomooloo.

He bought dozens of run-down terrace houses and proposed to replace them

with large blocks of flats, hotels and shops. While there had been little effective

challenge to replacement of low rise precincts in the 1950s and 1960s, strategies

changed in the 1970s. Union and community-based ‘Green Bans’ in the Rocks

were followed by similar resistance in Woolloomooloo. Londish’s scheme for

‘the Loo’ did not proceed but is often mentioned in histories of Sydney’s

contentious planning record.

He had more success elsewhere, not least in North Sydney. From 1980, Londish

developed Tower Square Village in Miller Street; a low-rise Mediterranean-

style shopping plaza replete with themed clock tower influenced apparently by

Rodeo Drive in Beverly Hills. It sat in an odd juxtaposition with the elegant

Modernist MLC building next door, once the tallest building in Australia. The

unused floor space above the ‘Village’ was transferred to an office block in

Denison Street for $5 million in 1984. Tower Square was the work of architect

Michael Standley with whom Londish would have a longstanding relationship.

As he began designing the continental plaza for Londish, Standley was also

putting the finishing touches to 9 Elamang Ave, a medium density block of

luxury waterfront apartments with a façade distinguished by columns,

balustrades and classical pediments. In 1988, when records for property prices

were being broken across the city, leased apartments at No.9 were priced at an

extraordinary $2000 per week. Also, in the late 80s, Londish developed “The

Big Bear” complex at Neutral Bay.

Following the success of Elamang Avenue and the completion of Tower Square

Londish began developing James Milson Square in lower Alfred Street, a series

of shops and high rise buildings that towered around the mid-19th century

sandstone house Camden Villa – the last remaining colonial dwelling in the

area. The heritage building with its Georgian portico may have appealed to

Londish’s affection for columns and historical pastiche for it was to have been

a focus of the courtyard area.

Further down the road at 70 Alfred Street, Londish and his associates, in

particular Michael Standley, won an appeal against North Sydney Council in

the Land and Environment Court in 1997 and began developing Grandview

Apartments. With its concierge service and gold rococo lobby furniture it

epitomised the developer’s definition of style and quality. Londish himself lived

there for a time in a four-bedroom apartment sold for $4.3 million in 2014.

Londish had a policy of living in his own developments so confident was he of

their style and quality. His daughter, Annette and son-in-law David Bowman

still reside in Grandview.

Sid Londish once told a journalist, ‘What I want to leave is a legacy’. The man

described as ‘a true pioneer of the industry’ died on 26 June 2018 at 94. His

luxury apartments still attract high prices. Tower Square Village was

demolished in 2018 to make way for Sydney Metro’s Victoria Cross

redevelopment. The loss of Tower Square is felt by many residents and CBD

workers who valued it for its human scale and sunny courtyards.

Sid Londish lived in the North Sydney Municipality and was still working in

the industry he loved until his death.

I therefore recommend:

1. THAT Council receives and endorses the obituary.

3. MM03: Bannerman Street Roundabout

Over the past few weeks I have been contacted by numerous residents

concerned about the new Bannerman Street roundabout. The concerns have

ranged from lamenting the loss of the much-loved flowers in the centre of the

roundabout through to lack of line marking and difficulty in manoeuvring

around the new shape. I am sure most Councillors will have received similar

phone calls and emails about this.

The roundabout was redesigned to slow traffic down on Bannerman Street and

to allow for new pedestrian and bike facilities to be installed. The shape was

flattened to make it easier for buses to navigate the roundabout in its new

position. Overall, the intent was to make the area safer for all users.

While safety is important, I believe we need to work harder as a Council to

ensure that our projects recognise the viewpoint of our community. In a densely

populated area such as North Sydney, something as small as a flower bed can

make a significant contribution to the amenity of our suburbs and, ultimately,

to our quality of life.

I am advised that in the coming weeks flowers will be planted in three beds on

the edge of the road in time for Spring. In the meantime, Council staff have put

up some signs and artificial flowers advising that real flowers will be returning

soon.

However, our failure to fully understand the importance of this roundabout to

our community and pre-empt the subsequent community response is cause for

reflection. I believe we need to pause and review our processes for infrastructure

projects to make sure we are considering all the issues.

In this instance, we also need to review how the new roundabout looks and

operates to see whether any modifications need to be done.

I therefore recommend:

1. THAT a hold is put on starting any new traffic and bike construction projects

until Council has been briefed on the processes followed for these projects.

2. THAT the appearance and operation of the roundabout be review as soon

possible.

3. THAT a report be prepared for Council’s August meeting on whether

modifications to the roundabout are needed. The review should include use of

the bike lane and pedestrian crossing, traffic speeds and traffic jams at the

roundabout and community feedback on the new flower beds.

COUNCIL – 30/07/18 GMO (6)

RESCISSION MOTIONS OF WHICH

DUE NOTICE HAS BEEN GIVEN

4. NoRM01: Notice of Rescission No. 2/18 by Councillors Beregi,

Baker and Carr

THAT the decision of Council at its meeting of 25 June 2018 regarding NoM02:

Notice of Motion No. 11/18 by Crs Mutton and Barbour - Re: DCP Parking

Provisions:

1. THAT the parking provisions within Council’s Development Control Plan be

urgently reviewed to facilitate an increase in the supply of off-street parking.

be rescinded.

Should the Rescission Motion be successful, it is proposed that the following

Motion be moved:

1. THAT a report be prepared providing options and strategies to increase the

supply of off-street parking, including a review of Council’s DCP provisions in

relation to parking for residential development.

5. NoRM02: Notice of Rescission No. 3/18 by Councillors Beregi,

Baker and Carr

THAT the decision of Council at its meeting of 25 June 2018 regarding CiS07:

Tresillian Private Health Services Facility, Development Application Briefing

Report: DA326/17, 25 Shirley Road, Wollstonecraft:

1. THAT Council acknowledges the high number of submissions for this

Development Application.

2. THAT Council forwards the following submission to the Sydney North

Planning Panel prior to its determination:

a. Council supports the application by Tresillian Health Services Facility on

the condition that the concerns raised by the Design Excellence Panel are

addressed;

b. A bond is issued to protect the highly significant oak tree near the northern

boundary of the site;

c. A replacement native tree will be planted in an appropriate position on the

site to compensate for the removal of every tree during the construction

process; and

d. Any references regarding “The Green Travel Plan” be directed towards

staff at the facility, not Tresillian’s clients.

be rescinded.

COUNCIL – 30/07/18 GMO (7)

REPORTS

General Manager’s Office

6. GMO01: Matters Outstanding – July 2018

Report of Ken Gouldthorp, General Manager

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

the meeting of 25 June 2018 is presented.

Recommending:

1. THAT the report be received.

7. GMO02: Proposed Adoption of Model Code of Meeting

Practice

Report of Ken Gouldthorp, General Manager

Amendments made to the Local Government Act 1993 (the Act) in August last

year by the Local Government Amendment (Governance and Planning) Act

2016 provide for a model code of meeting practice (Model Meeting Code) to be

prescribed by regulation.

At its meeting on 19 February 2018, Council considered a report on the

consultation draft of the proposed Model Meeting Code prepared by the Office

of Local Government (OLG), in consultation with councils. Council resolved:

1. THAT Council receives the report.

2. THAT Council not make a submission to the Office of Local Government on

the Model Code of Meeting Practice Consultation Draft.

The purpose of this report is to propose adoption of the draft Model Meeting

Code by Council.

Council meeting and associated costs are addressed within the operating budget.

Recommending:

1. THAT the draft Code of Meeting Practice, dated December 2017, be placed

on public exhibition for 28 days.

2. THAT a further report be prepared for Council’s consideration following the

exhibition period.

8. GMO03: Performance and Remuneration Committee

Minutes - 17 July 2018

Report of Ken Gouldthorp, General Manager

This report presents the recommendations of the meeting of the Performance

and Remuneration Committee held on 17 July 2018, for Council adoption. The

minutes are attached for information.

Recommending:

1. THAT the Minutes of the Performance and Remuneration Committee held

on 17 July 2018 be adopted.

COUNCIL – 30/07/18 CiS(8)

City Strategy Division

9. CiS01: Sydney North Planning Panel - Membership

Nomination 2018-2019

Report of Vera Xia, Student Strategic Planner

On 20 November 2017, Council considered a report on the nomination of

members to the Sydney North Planning Panel (SNPP) for the 2017-2018 period.

Council resolved:

THAT Council write to former Councillor Marchandeau and Reymond asking

whether they would be interested in taking on the role of Council’s

representatives on the Sydney North Planning Panel for 6 months.

THAT Council call for Expressions of Interest for the role of Council’s

representatives on the Sydney North Planning Panel, commencing in 6 months’

time.

On 29 November 2017 and 6 December 2017, former Councillors Michel

Reymond and Veronique Marchandeau respectively accepted Council’s

invitation and confirmed that they would like to be Council’s representatives to

the SNPP.

The current Council-appointed Panel members are Michel Reymond and

Veronique Marchandeau, with Councillor Barbour as an alternate.

This report asks Council to reconsider the appointment of Councillors to the

SNPP as per previous recommendations, noting that the option of retaining

Council’s currently appointed Planning Panel members for the next 12 months

is still available.

The report introduces the concept of remunerating any non-Councillor

community representatives that are appointed, consistent with that of the North

Sydney Local Planning Panel.

The $750 fee proposed for community representatives on the Panel is equivalent

to a cost of approximately $13,500 per year. This is proposed to be recouped

via the Development Application fee for development that is required to be

referred the Panel for determination at the time of lodgement.

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 for a period of 12 months, OR

2. THAT in the event that recommendation 1 is not taken up, Council retain its

current nominees being former Councillors Michel Reymond and Veronique

Marchandeau, and alternate Councillor Stephen Barbour, to represent Council

on the Sydney North Planning Panel for the next 12 months.

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

4. THAT community representatives be paid $750 per Panel meeting and that

the appropriate arrangements be made to increase Development Application

fees accordingly as such applications are required to be considered by the

Sydney North Planning Panel.

COUNCIL – 30/07/18 CiS(9)

10. CiS02: Crows Nest Integrated Station Development

Report of Emma Booth, Team Leader Design

On 4 July 2018, Sydney Metro, which forms part of Transport for NSW,

commenced an early community engagement process on the over station

development (OSD) proposal for the Crows Nest Metro Station. An 11-page

brochure has been released for public consideration and comment. This

identifies the proposed development of the Metro site with two 27 storey mixed

use towers at the northern end of the site and a 17 storey hotel/commercial

development on the southern side of Hume Street. The fourth building identified

is an eight storey commercial building on Clarke Street fronting Hume Street

Park.

This is the first opportunity the community has had to see, and comment on, the

proposed height, scale and mix of buildings being considered by the NSW

Government OSD at Crows Nest.

The engagement process is expected to close on 29 July 2018 and will be

followed by the lodgement of Secretary’s Environmental Assessment

Requirements (SEARs) with the Department of Planning and Environment

(DPE) which will inform the preparation of a State Significant Development

Application. This is expected to be lodged with the DPE in the fourth quarter

of 2018 and a determination by the DPE by the second quarter of 2019.

This report provides a high level assessment of the OSD identified in the

exhibition brochure. The assessment and critique in this report is prefaced with

an acknowledgment that the proposal represents a concept and is not a fully

refined design or proposal at this stage. This report, however, highlights the

following areas that are potentially problematic with the concept exhibited:

The proposal’s height, scale and use have not been informed by the DPE’s

Planned Precinct for St Leonards/Crows Nest.

The highly valued village feel of Crows Nest and solar access to key spaces

like Willoughby Road and Ernest Place, will be compromised as a result of

the proposals.

The OSD appears to propose limited employment floor space and misses an

opportunity to lead the employment agenda in this precinct.

Contribution of public benefit, particularly community space, does not

appear to be part of this proposal.

The design of the OSD appears to include car parking above ground which

will detract from the architectural merit and interest of the buildings, reduce

capacity to accommodate employment floor space and is a poor transport

planning outcome given that a new Metro representing high levels of public

transport accessibility, underpins the OSD.

Recommending:

1. THAT Council makes a submission to both TfNSW and the Department of

Planning and Environment in response to the pre-Secretary’s Environmental

Assessment Requirements (SEARS) exhibition.

2. THAT in Council’s submission, the following points be included and

elaborated on:

a. The proposal’s height, scale and use have not been informed by the DPE’s

Planned Precinct for St Leonards/Crows Nest.

b. The highly valued village feel of Crows Nest and solar access to key spaces

like Willoughby Road and Ernest Place, may be compromised as a result of

COUNCIL – 30/07/18 CiS(10)

the proposals.

c. The Over Station Development (OSD) appears to propose limited

employment floor space and misses an opportunity to lead the employment

agenda in this precinct.

d. Contribution of public benefit, particularly community space, does not

appear to be part of this proposal.

e. The design of the OSD appears to include car parking above ground which

will detract from the architectural merit and interest of the buildings, reduce

capacity to accommodate employment floor space and is a poor transport

planning outcome given that a new Metro representing high levels of public

transport accessibility, underpins the OSD.

3. THAT the Crows Nest Placemaking & Principles Study (2016) be amended

to state that there should be no additional overshadowing of Ernest Place year

round on the grounds that:

a. Ernest Place is the heart of Crows Nest village and highly used by the

community; and

b. afternoon sunlight to this community space is critical to the vibrancy of

Crows Nest.

4. THAT Council seek any solar analysis undertaken to inform Metro’s

proposal.

5. THAT the provision of commercial floor space and community uses be

recognised as more desirable than above ground car parking in the podium of

any development above a Metro station and that further options be developed

for any necessary car parking.

6. THAT the future development of the OSD prioritise local jobs and

community uses by:

a. Locating any necessary parking under Hume Street Park in return for

community space in the podium of the proposed building; or

b. At a minimum, providing high floor to floor ceiling heights to adaptively

reuse any parking space in the future for employment and community

purposes.

COUNCIL – 30/07/18 CoS (11)

Corporate Services Division

11. CoS01: Investments and Loan Borrowings Held as at

30 June 2018

Report of Garry Ross, Manager Financial Services

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

portfolio and borrowing limits for the period ending 30 June 2018.

Investment Portfolio:

The portfolio provided an annualised return of 3.47% for the year to date as at

30 June 2018, 1.61% 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.

Recommending:

1. THAT the report on Investments and Loan Borrowings held as at 30 June

2018 be received.

12. CoS02: Loan Borrowing Facility

Report of Garry Ross, Manager Financial Services

The current three-year loan facility expires on 31 July 2018. Council has drawn

down $9.5 million of the $30 million facility and a new loan agreement is now

required.

Consideration must be given to the terms of the agreement as interest rates and

bank fees influence the true cost to Council over the life of the loan. Refinancing

of the existing $9.5 million loan has been necessary due to the expiry of the

existing redraw facility and quotations were sought to provide the most

advantageous terms.

Recommending:

1. THAT the Council note the report and endorse the action taken.

13. CoS03: NYE Ticketing & Community Engagement

Strategy

Report of Justin Sheining, Team Leader Events

At its meeting of 28 May 2018, Council considered a report on ticketing Blues

Point Reserve on New Year’s Eve. Council resolved that a further report be

provided outlining options for cost recovery and revenue generating

opportunities, together with a community engagement strategy.

COUNCIL – 30/07/18 CoS (12)

This report examines a range of options for cost recovery and revenue

generating opportunities, including hiring a specialist sponsorship consultant to

revisit venue sponsorship, licensing sections of Council land to external

organisations and selling advertising space on the cyclone fencing used to

manage crowds across the LGA.

The report also includes a detailed community engagement strategy designed to

gather feedback on the principle of ticketing foreshore sites on NYE.

Recommending:

1. THAT Council endorse the NYE Ticketing Community Engagement

Strategy.

14. CoS04: Customer Feedback and Complaints Report:

1 January to 30 June 2018

Report of Ian Curry, Manager Governance and Committee Services

The purpose of this report is to provide a summary of the complaints, both

justified and partially justified, and compliments received during the period

1 January to 30 June 2018. A comparison is made to the total number of

customer contacts that Council received during the same period.

Recommending:

1. THAT the report be received.

15. CoS05: 2018 LGNSW Conference - Proposed Motions

Report of Ian Curry, Manager Governance and Committee Services

The 2018 Local Government NSW Annual Conference will take place from

Sunday 21 to Tuesday 23 October 2018 at the Entertainment Centre, Albury.

Council is entitled to send 5 voting delegates and submit Motions to the

Conference.

Council considered a report on this matter at its meeting on 25 June 2018

(originally submitted to the 4 June 2018 Governance Committee) and resolved:

THAT Council nominates four voting delegates to attend the 2018 LGNSW

Conference in Sydney, in addition to the Mayor (voting delegate) and General

Manager.

THAT Councillors be invited to submit proposed Motions for consideration at

the 2018 LGNSW Conference.

THAT the Precinct Committees and local business community be invited to

submit suggested issues for Council’s consideration.

THAT a further report be submitted to Council in July 2018 regarding any

proposed Motions for the LGNSW Conference.

A copy of the draft Conference program, as of 13 July 2018, is attached to this

report.

Recommending:

1. THAT the proposed 2018 “issues” Conference motions received from

Councillors and Precinct Committees be submitted to LGNSW.

COUNCIL – 30/07/18 CoS (13)

16. CoS06: Audit and Risk Committee Minutes – 29 June 2018

Report of Peita Rose, Governance Officer

This report presents the recommendations of the last meeting of the Audit and

Risk Committee held on 29 June 2018 for Council adoption. The Minutes are

attached for information.

Recommending:

1. THAT the Enterprise Risk Management report be received.

2. THAT the Internal Audit Report of Complaint Management be received and

noted.

3. THAT the Internal Audit Report of Records Capture be received and noted.

4. THAT Council formally adopt the requirements of the State Records Act

1998 as the benchmark for records capture.

5. THAT the Internal Audit Report of Asset Management be received and

noted.

6. THAT Council should move towards a single integrated Assessment

Management System and formally adopt the National Assessment Framework

for Local Government Asset Management and Financial Planning (NAF) issued

by the Institute of Public Works Engineers Australasia as the benchmark

framework for asset management.

7. THAT the Implementation Schedule of Approved Audit Recommendations

be received and noted.

8. THAT the Internal Audit Status Report with the attached Internal Audit

Calendar and Audit Committee Agenda be received and noted.

COUNCIL – 30/07/18 EPS (14)

Engineering & Property Services Division

17. 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 13 July 2018.

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

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

‘Attachment A’ of this report.

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

instruments necessary to implement the proposed leasing transactions which are

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

General Manager.

18. EPS02: 101-111 Willoughby Road, Crows Nest – Release of

Easements within Lot 20 Deposited Plan 1208836 (Previously

known as part Zig Zag Lane)

Report of Risha Joseph, Property Officer

The report relates to the release of easements within Lot 20 in Deposited Plan

1208836 (previously known as part Zig Zag Lane). Following the approval of

a Planning Proposal and Voluntary Planning Agreement lodged by Coles Group

Property Development Ltd for 101-111 Willoughby Road, Crows Nest in 2012,

Council approved both the closure of Zig Zag Lane and its subsequent sale to

Coles Group Property Development Ltd.

Voluntary Planning Agreement AK661081F was registered on 16 August 2016

against the Title of the land and the sale of Zig Zag Lane to Coles Group

Property Development Ltd settled on 24 November 2016.

As the Voluntary Planning Agreement required Coles to substantially redevelop

Zig Zag Lane, it is unlikely that the laneway could accommodate the easements

which Council created upon the closure of Zig Zag Lane within Deposited Plan

20/1208836.

It is therefore necessary to release these easements against the Title of the land

and create new easements upon registration of the Plan of Subdivision and

Consolidation as approved under Development Application 126/18.

Recommending:

1. THAT Council grant consent to release the existing easements within Lot 20

Deposited Plan 1208836.

2. THAT all easements cited in Figure 7 be created and registered against the

Title of the Land.

3. THAT Council hereby authorises its Official Seal to be affixed to the Plan of

Subdivision and Consolidation, as well as all other legal instruments necessary

to effect the registration of the easements.

COUNCIL – 30/07/18 EPS (15)

19. EPS03: North Sydney Olympic Pool (NSOP)

Redevelopment Update and Project Governance

Report of Duncan Mitchell, Director of Engineering and Property Services

This report provides a status update on the redevelopment of the North Sydney

Olympic Pool, following appointment of the Design Services team and Project

Management Services team during the month of July 2018. Specifically, the

report outlines the following:

1. The establishment of a Project Steering Group (PSG) for the redevelopment

of the pool and the proposed members of the PSG and draft Terms of

Reference;

2. The establishment of a Project Control Group (PCG) for the redevelopment

of the pool and the proposed members of the PCG and draft Terms of

Reference;

3. The establishment of a Stakeholder Reference Group (SRG) for the

redevelopment of the pool and the proposed members of the SRG and draft

Terms of Reference;

4. A proposed Study Tour of recently completed Aquatic / Recreation

Facilities in Melbourne, a proposed agenda and attendees;

5. A Value Management Workshop (VM), proposed dates and attendees; and

6. The Progress Reporting framework to be undertaken by the Project Manager

on the redevelopment of the pool.

The cost for the Design and Project Management Services for the

redevelopment of the North Sydney Olympic Pool have been budgeted for in

the Draft 2018/19 budget and were reported to Council at the Council meeting

on 25 June 2018. Forward estimates for the redevelopment of the pool have

been outlined in the current draft three-year delivery program that was adopted

by Council in June 2018.

Opportunities associated with revenue and cost efficiencies will be reviewed

and tested through the Value Management Workshop process, prior to further

design development of Option 2 as resolved by Council in December 2017.

The estimated cost for the Study tour for Melbourne for two Councillors, the

General Manager, Specialist Consultants and two Project Control Group

members is $8,000 excluding GST all inclusive (flights, accommodation and

bus hire).

Recommending: 1. THAT Council notes the status of the redevelopment of the North Sydney

Olympic Pool, regarding Program and appointment of key consultants.

2. THAT Council endorses the proposed governance structure for the project

including the establishment of:

Steering Control Group;

Project Control Group; and

Stakeholder Group

as outlined within the report.

3. THAT Council appoint a Councillor representative on the Project Steering

Group.

4. THAT the two external specialist/commercial representatives on the Project

Steering Group be appointed by the Mayor, General Manager and Councillor

representative as outlined in the Confidential Memorandum.

COUNCIL – 30/07/18 EPS (16)

5. THAT Council support the proposed study tour of recently completed

Pool/Aquatic facilities in Melbourne.

20. EPS04: Supply of Renewable Energy and Large Market

Retail Electricity - SSROC 2017-13 Tender Report

Report of Albert Lo, Property Asset Manager

Tenders were called by Southern Sydney Regional Organisation of Councils

(SSROC) and received until 4.00pm on 9 April 2018 for Renewable Energy and

Large Market Retail Supply of Electricity for participating Councils.

In order for Councillors to discuss the confidential memorandum attached to

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

Recommending:

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

SSROC tender 2017-13 for Renewable Energy and Large Market Retail Supply

of Electricity for North Sydney Council.

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

implement the decision including entering associated contracts.

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

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

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

Government Contracts With Private Sector.

COUNCIL – 30/07/18 OSES (17)

Open Space & Environmental Services Division

21. OSE01: Unfunded Capital Works – Euroka Street

Playground (Asbestos)

Report of Peter Massey, Environmental Services Manager

This report details an unfunded and unforeseen Capital Works Project at Euroka

Street playground that is required to be carried out as a matter of urgency. There

has been asbestos found in close vicinity to the playground necessitating its

closure since March 2018. Works need to be undertaken in order to remove the

asbestos and isolate the community from any physical access to the affected

soil.

Recommending:

1. THAT Council allocate $95,000 from the 2017/2018 Environmental Levy

expenditure program to allow for the asbestos removal and soil remediation of

Euroka Street playground and surrounds.

2. THAT Council inform local residents and user groups of the playground of

Council’s actions in rendering the playground and surrounds safe to enjoy.

COUNCIL – 30/07/18 NoM (18)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

22. NoM01: Notice of Motion No. 12/18 by Crs Baker, Beregi and

Carr

Re: Western Harbour Tunnel and Northern Beaches Link

1. THAT Council prepare an urgent report detailing the impacts of construction

of the Western Harbour Tunnel and Northern Beaches Link with reference to

the recently published May 2018 documents (as detailed in the Sydney Morning

Herald on 24 July 2018) will have or are likely to have on the North Sydney

LGA.

2. THAT the report address any further relevant information on the project

affecting our community.

3. THAT the report be placed on Council’s website and provided to all

Precincts.

23. NoM02: Notice of Motion No. 13/18 by Crs Baker, Beregi and

Carr

Re: Public Libraries Funding

1. THAT Council endorse the NSW Public Libraries Association and Local

Government NSW library funding advocacy initiative, Renew Our Libraries.

2. THAT Council make representation to the local State Member(s), the

Premier and Felicity Wilson, in relation to the need for additional funding from

the NSW State Government for the provision of public library services.

3. THAT Council write to the Hon. Don Harwin, Minister for the Arts and the

Hon. Walt Secord, Shadow Minister for the Arts, calling for bi-partisan support

for the provision of a significant increase in state funding for NSW public

libraries, supported by a sustainable future funding model.

4. THAT Council take a leading role in activating the campaign locally.

5. THAT Council endorse the distribution of the NSW Public Libraries

Association and Local Government NSW library funding advocacy initiative

information in Council libraries, as well as involvement in any actions arising

from the initiative.

6. THAT Council formally advise the NSW Public Libraries Association and

Local Government NSW that Council has endorsed the library funding

advocacy initiative.

Background: North Sydney Council has invested significantly in library services over the past

decade. Our library services are one of the most-used and highly valued services

that Council provides to its community.

Whilst Council receives some funding from State Government, these funds have

gradually declined. In 2015/16, State funding for Public Libraries covered only

COUNCIL – 30/07/18 NoM (19)

7.5% of the total costs of operating the 368 libraries across NSW. The level of

State Government funding for NSW public libraries has reached crisis point.

This is an historic issue that has been ignored by successive NSW governments.

The key issues are that:

NSW public libraries receive the lowest per-capita funding from their State

Government compared to all other states in Australia.

NSW councils are currently paying 92.5% of the costs to operate public

libraries, up from 77% in 1980.

In 2015-16, NSW State Government funding for public libraries was only

$26.5M compared to a contribution of $341.1M from Local Government.

NSW councils are paying 12 times more than the State Government to

provide library services to their communities.

The total funding available through the NSW Public Library Funding

Strategy is not indexed to population growth or consumer price index (CPI),

thereby contributing to the ongoing attrition of State Government funding.

The 2018-2019 State Budget delivered a 5% cut to current funding and cut

access to all infrastructure funding for metropolitan areas.

Physical and virtual visitation, library borrowing and participation in library

programs continue to increase year on year.

Libraries play a major part in supporting the achievement of government

literacy targets.

Libraries provide collections, programs and spaces for marginalised groups

including older people, refugee and multicultural communities, and people

who are digitally disadvantaged.

In 2011, the NSW State Government made a pre-election commitment to

comprehensively review the level and allocation of funding for NSW public

libraries. The Library Council of NSW worked with the NSW Public Libraries

Association and the State Library of NSW to develop an evidence-based

submission.

The resulting submission, Reforming Public Library Funding, recommending a

fairer, simpler and more transparent method for the distribution of funds, was

presented to the State Government in October 2012. Despite the undertaking of

the State Government to comprehensively review funding for its public

libraries, the recommendations of Reforming Public Library Funding were

ignored and the funding model was neither reviewed nor improved.

In 2016, the then Minister for the Arts, the Hon. Troy Grant, undertook to

review the matter of State Government funding for NSW libraries at the

conclusion of the Fit for the Future program. It can be reasonably assumed that

Fit for the Future has concluded, yet there has been no review of library funding

nor any mention of libraries in the Government’s pre-election undertakings. At

the 2016 LGNSW Conference, the Premier Mike Baird committed to reviewing

library funding.

The NSW Public Libraries Association has joined forces with Local

Government NSW to establish a library funding advocacy initiative in the lead

COUNCIL – 30/07/18 NoM (20)

up to the 2019 NSW State election. The Renew Our Libraries strategy will be

rolled out over the next 8 months to persuade the Government that its network

of 368 public libraries has reached a funding flashpoint that, without

significantly increased and sustainable funding, is at risk of imminent service

reduction. The success of this approach relies heavily on the support of NSW

councils, their libraries and their communities.

It should be noted that the following motion (submitted by the Blue Mountains

City Council) was unanimously endorsed at the Local Government NSW 2017

Conference:

That Local Government NSW works with the NSW Public Libraries Association

(NSWPLA) to develop a strategic partnership to:

a) increase public awareness of the multiple roles that Local Government

Public Libraries play in supporting the educational, social, cultural and

economic outcomes in local communities

b) advocate, in the lead up to the March 2019 State election, for improved State

Government funding for Local Government Public Libraries in NSW to

enable public libraries to meet the growing needs of our local communities.

This is not a party-political issue as every government since 1980 shares the

blame for the current funding situation. Nevertheless, it is worth noting that the

NSW Opposition released its Library Funding Policy on 26 March 2018 with

an undertaking to increase overall funding to all suburban and regional NSW

public libraries by $50 million in the first term of government. This is a very

significant pledge insofar as it is the first policy from any political party in recent

history that undertakes to provide a significant and specified increase in state

funding for public libraries.

NSW public libraries are governed by the Library Act 1939, a legislative

instrument that was initially introduced to ensure the provision and ongoing

sustainability of libraries through State Government and Local Government

collaboration, and providing up to 50% of the funding required to establish and

operate libraries. Since then local government has increasingly carried the

funding burden with the situation deteriorating significantly since the 1980s. As

a result, there are examples of attrition in library staffing, opening hours,

collections, services and programs in a number of councils across the state.

Disappointingly, the 2018-19 NSW state budget delivered a 5% cut to current

library funding and cut access to all infrastructure funding for metropolitan

areas. The State Government has completely ignored the recommendation of its

own expert panel, the Library Council of NSW which, in consultation with the

State Library of NSW and the NSW Public Libraries Consultative Committee,

recommended an increase in public library funding to $30M in 2018-19. The

public library grant funding component, which has been a budget inclusion for

many years, has been scrapped entirely. This component financed a competitive

grant project which has part-funded countless library infrastructure and service

projects over many years.

COUNCIL – 30/07/18 NoM (21)

The NSW public library network is at serious risk. Neither this Council nor the

broader NSW Local Government sector can continue with the high degree of

uncertainty about the level of ongoing State Government funding for public

libraries.

We recommend that Council support urgent action from the NSW local

government sector and NSW Public Libraries Association/Local Government

NSW, to reverse the ongoing deterioration of state funding for public libraries

to ensure that local councils will not be forced to continue meeting the funding

shortfall.

24. NoM03: Notice of Motion No. 14/18 by Crs Baker, Beregi and

Carr

Re: Plastic-Free North Sydney

1. THAT Council prepare a report as to how it is leading the way in the

transition to a plastic-free North Sydney LGA and where appropriate

recommend measures and actions that the Council can adopt so as to ensure

Council is not just talking the talk but walking the walk.

2. THAT Council aim to ensure that all businesses in the North Sydney LGA

phase out plastic straws and one-use plastic bags by the end of 2018.

3. THAT Council develop an app to identify the location of all bubblers, water

filling stations etc. in the LGA to encourage reduction in reliance on single use

plastic water bottles and to protect our harbour.

4. THAT Council invite the Better Business Partnership to conduct an

assessment of Council’s practices with Councillors being invite to submit

suggestions.

Background: Council is currently promoting the elimination of all single-use plastic in North

Sydney. Council is encouraging partnerships with local residents, businesses

and community organisations to raise awareness and reduce the use of single-

use plastic.

https://www.northsydney.nsw.gov.au/Waste_Environment/Get_Involved/Plast

ic_Free_North_Sydney

Council should therefore be leading the way as a model citizen in this transition

by not only advising and promoting a plastic-free North Sydney LGA but

actually taking action within its own structure to reduce and become a plastic-

free North Sydney. The report should include possible initiatives to support and

encourage staff to reduce the use of single-use plastic by providing keep-cups

and re-usable bags, and more recycling stations.

COUNCIL – 30/07/18 NoM (22)

25. NoM04: Notice of Motion No. 15/18 by Crs Baker, Beregi and

Carr

Re: War on Waste

1. THAT Council join the War on Waste in relation to food waste by:

i. ensuring that any catering supplied and paid for by Council is only

provided based on confirmed attendees to any meeting, function or event

where the attendee has indicated that catering will be required;

ii. ensuring that any catering or beverages provided by Council both for

internal and external meetings, functions, events etc. is served in/on re-

usable catering equipment that does not require plastic wrap, plastic straws

and cups and the like; and

iii. ensuring that any excess food is provided to food harvesting initiatives or

disposed of in a sustainable way so as not to enter landfill.

Background: The waste and leftover catering clearly demonstrates that Council is over-

ordering and over-catering as per the pictures of left-over food attached from

meetings held on 26 March, 30 April and 25 June). Whilst the cost of the left-

over, uneaten and untouched food might be regarded as insignificant by some,

cumulatively it adds up to thousands of wasted ratepayer dollars and wasted

food which does not reflect well on Council and its spending of ratepayers’

money.

Such waste of food and money could easily be managed by requiring in advance

notification of attendance at a meeting and a desire for catering to be provided.

Given that many people attend meetings but do not require catering, this then

provides a further opportunity to reduce wasteful expenditure and redirect it

towards deserving community initiatives and grant requests.

26. NoM05: Notice of Motion No. 16/18 by Crs Baker, Beregi and

Carr

Re: Moratorium on New Residential Planning Proposals

1. THAT, consistent with the recent Ryde City Council resolution on 26 June

2018, Council resolves as the planning proposal authority for the North Sydney

LGA not to accept any new planning proposals involving a residential use as

per the Minister’s initiative, until the earlier of 1 July 2020 or the completion

of any gazetted amendments to the North Sydney LEP in respect of any Land

Use and Infrastructure Plan produced by the Department of Planning’s Priority

Precinct planning process and with the exception of any Planning Proposal

submitted consistent with and in relation to a Precinct Planning Study already

adopted by Council.

2. THAT Council writes to the Minister for Planning, the Hon. Anthony

Roberts, seeking an amendment to the state policy for rezoning reviews to

exclude its operation for the North Sydney LGA in respect of new residential

planning proposals until 1 July 2020 or the completion of any gazetted

COUNCIL – 30/07/18 NoM (23)

amendments to the North Sydney LEP in respect of any Land Use and

Infrastructure Plan produced by the Department of Planning’s Priority Precinct

planning process and with the exception of any Planning Proposal submitted

consistent with and in relation to a Precinct Planning Study already adopted by

Council.

Background: On 14 May 2018, the Minister for Planning responded to Ryde City Council’s

concerns regarding overdevelopment in the City of Ryde and advised Ryde City

Council that instruction was to be provided to relevant planning authorities that

new planning proposals for residential developments would not be assessed

until such time as an appropriate strategy was in place to ensure local

infrastructure (schools, open space, transport, and community facilities), is

sufficient to manage any increase in population arising from additional

residential development.

On 26 June 2018 Ryde Council resolved that Council:

(a) not to accept any new planning proposals involving a residential use until

the earlier of 1 July 2020 or the completion of the new city-wide housing

and infrastructure strategy through the LEP review process; and

(b) writes to the Minister for Planning, the Hon. Anthony Roberts, seeking an

amendment to the state policy for rezoning reviews to exclude its operation

for Ryde LGA in respect of new residential planning proposals until 1 July

2020 or completion of the new city-wide housing and infrastructure strategy

through the LEP review process.

This resolution confirms the implementation of the moratorium on planning

proposals in accordance with the Minister’s initiative of 14 May 2018.

North Sydney Council is currently meeting and exceeding the State mandated

residential targets and is on track to meet the new targets set by the Greater

Sydney Commission’s District Plan North. However, like Ryde and other

metropolitan local government areas, the State has yet to deliver on the essential

social and community infrastructure such as schools, hospital beds, open space,

active recreational space, libraries etc., to meet existing and future demand.

Accordingly, there ought to be a moratorium on any new residential Planning

Proposals that are not the subject of an already adopted Precinct Planning Study

(which provides for public benefits to address this infrastructure shortfall) until

such time as the provision of essential local social and community infrastructure

has been addressed.

COUNCIL – 30/07/18 Questions (24)

QUESTIONS WITH NOTICE

27. Q01: Kurraba Point Reserve Kayak Storage – Crs Baker,

Beregi and Carr

1. When were the temporary kayak/ski racks at Kurraba Point Reserve

installed and how was the structure approved for installation? Please

provide reference to any relevant Council policy informing the decision.

2. Was any consultation undertaken prior to the installation of the structure?

3. Have the immediately impacted residents been consulted/advised?

4. Are these racks intended to take the overflow of removal of kayak storage

from Hayes Street Wharf Beach?

5. Why was Kurraba Point chosen for increased storage provision on a

temporary basis?

6. Were the current and future parking provision, generation and requirements

taken into account prior to the installation of the structure?

7. There appear to be racks for both dinghy and kayak storage – is it intended

to provide both in any permanent structure at Kurraba Point?

8. Are there any single boat/kayak storage structures within the LGA that will

hold the quantum of kayaks/water craft that are proposed for Kurraba Point

in any single location?

9. Will these racks become a permanent structure? If so, when will residents

be consulted on any permanent fixture?

10. How much did the temporary structure and associated works cost to

install? How much is Council paying for the structure to remain in place?

28. Q02: Western Harbour Tunnel and Northern Beaches Link –

Crs Baker, Beregi and Carr

Have the Mayor and the Deputy Mayor met with the Minister for Roads,

Minister for Transport, any State MPs or representatives of any Ministers or

relevant project personnel in relation to the Western Harbour Tunnel and

Northern Beaches Link? If so, please provide details of the meeting dates,

attendees, copies of any meeting agenda/e, minutes or notes and advise any

outcomes that have been or are being negotiated for the benefit of the residents

of the North Sydney LGA.

QUESTIONS WITHOUT NOTICE