Council Chambers

20 June 2019

The 3720th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at

7.00pm on Monday, 24 June 2019. 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

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 MANAGERS

Cr Zoë BAKERWOLLSTONECRAFT

WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

DIRECTORCorporate Services

Ms Margaret PALMER

PUBLIC GALLERY

GENERAL MANAGERMr Ken GOULDTHORP

Cr TonyCARR

TUNKS WARD

Cr JessicaKEEN

VICTORIA WARD

Cr KathyBRODIEVICTORIA

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 on an agenda item may register by submitting a written request to Council on the form available at https://www.northsydney.nsw.gov.au/Council_Meetings/Meetings/Council_Meetings by hand or email to governance@northsydney.nsw.gov.au by 4.00pm on the day of the meeting. 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 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”. • An individual may speak to no more than two (2) items on the Agenda. • If you have previously addressed the Council on the subject, then any further address

must be made to present new information ONLY. • If more than two (2) persons indicate they wish to address Council on the same issue

from the same perspective (i.e. in favour or against), the Chair may ask them to nominate a spokesperson and not all address the meeting. If the persons do not voluntarily agree on the spokesperson, the first two persons who registered to speak for the motion and the first two persons who registered to speak against the motion will be allowed to speak; providing that priority will be given to persons that have not already spoken at the same meeting.

• Council may resolve to increase the number of speakers on an agenda item when that agenda item is called.

• 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.

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

• 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. 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. Members of the public are not permitted to make a video or sound recording (and/or any electronic device capable of recording speech) of any meeting, unless the permission of Council is granted. 11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. All Council meetings are also webcast via the internet. Members of the public are advised that if they address Council their voice will form part of the webcast but they will not appear on camera. Note: The Code of Meeting Principles and Practices may be viewed on Council’s website, at Council Offices or Stanton Library.

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

Drummond, Gunning, Keen and Mutton.

SUBJECT: 3720th MEETING OF COUNCIL TO BE HELD ON MONDAY, 24 JUNE

2019

THAT THE MINUTES of the previous 3719th Council Meeting held on

Monday, 27 May 2019 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

1. MM01: Donation of Sculpture by Local Resident -

Sawmillers Reserve

During the 2016 “Sculpture at Sawmillers”, in Sawmillers Reserve, there was

an installation by Jane Gillings called “Our Golden Years” (see picture below).

The beautiful sculpture was made from a block of concrete, leftover from the

original sawmill on the site. Jane Gillings chose the concrete block as the base

for her stunning sculpture, to remind people of the previous use of the site.

Ms Gillings also sent a strong environmental message to those viewing the

sculpture, as the material used to adorn the concrete block was gold foil from

discarded cigarette packs. This was a wonderful example of reusing a waste

product.

The sculpture attracted many compliments for bringing the discarded concrete

and cigarette packets to life as a monument and also getting people to focus on

environmental issues around waste and recycling.

Elsa Atkin, who is the Director of Sculpture at Sawmillers, is now generously

proposing to commission Jane Gillings to recreate the 2016 piece as a

permanent sculpture for Sawmillers Reserve. Ms Gillings would again use

original concrete from Sawmillers Reserve and the decorative golden foil

waste from cigarette packets. Ms Atkin would really like to see this artistic

memorial come to fruition for her beloved Sawmillers Reserve.

Casual conversations regarding this proposed installation have been taking

place with Council staff and Council staff are supportive of exploring this

generous offer further.

I therefore recommend:

1. THAT the Mayor, Deputy Mayor and Director of Open Space and Environmental Services work with Elsa Atkin to facilitate the creation of a permanent sculpture in Sawmillers Reserve, reminiscent of the sculpture titled “Our Golden Years” that was created by Jane Gillings for the 2016 Sculpture at Sawmillers.

COUNCIL – 24/06/19 NoR (3)

RESCISSION MOTIONS OF WHICH

DUE NOTICE HAS BEEN GIVEN

2. NoRM01: Notice of Rescission No. 4/19 by Councillors Gibson,

Brodie and Drummond

THAT the Council resolution relating to item NoMo2 - Governance and

Finance Committee Agenda, passed at the meeting of the Council held on

27 May 2019

1. THAT the agenda for Governance and Finance Committee include the

following items:

• Capital works and costings dashboard;

• Council Investments; and

• Council borrowings.

2. THAT the General Manager provide (confidentially) all Councillors and

Governance and Finance Committee the terms and conditions undertaken

with the banking partner when the 10-year fixed rate borrowing facility was

established. This is to include:

• the credit margin applied to Council over the prevailing benchmark;

• the floating rate for the ten-year facility at time of establishment;

• why was there no provision in the signed agreement to have both a fixed

and floating rate component;

• the current fixed vs floating rate for the remaining tenor of the facility

(i.e. 9 years); and

• the economic cost to Council should Council seek to terminate the

current facility and investigate a floating rate facility.

be and is hereby rescinded.

THAT the following resolution be passed in lieu thereof:

1. THAT the General Manager, Mayor and Deputy Mayor convene a

meeting to discuss refreshing the structure of the Governance and Finance

Committee.

2. THAT all Councillors be invited to submit ideas and suggestions to the

General Manager.

COUNCIL – 24/06/19 GMO (4)

REPORTS

General Manager’s Office

3. GMO01: Matters Outstanding – June 2019

Report of Ken Gouldthorp, General Manager

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

the meeting of 27 May 2019 is presented.

Recommending:

1. THAT the report be received.

COUNCIL – 24/06/19 CiS (5)

City Strategy Division

4. CiS01: Draft Local Strategic Planning Statement

Report of Neal McCarry, Team Leader Strategic Planning

As part of the Greater Sydney Commission’s creation of the regional plan for

Sydney, A Metropolis of Three Cities and the North District Plan, accompanied

by legislative amendments, there are requirements for all Metropolitan Councils

to prepare:

1. A Local Environmental Plan (LEP) Review “Road Map” (Reported to

Council 19 November 2018)

2. A Local Strategic Planning Statements (Current Report)

3. A Local Housing Strategy (Report to Council 24 June 2019)

The purpose of this mandated work is to ensure an alignment of all LEPs

throughout Sydney to their respective District Plans. The relevant legislation

requires that all Sydney Councils align their LEPs with the objectives and

actions outlined in the Regional Plan and District Plans within 3 years. Council

endorsed the acceptance of LEP Acceleration Funding at its meeting on 29

October 2018 and this report represents a key milestone for that funding which

requires North Sydney Council to complete the program of work in two rather

than three years.

The Local Strategic Planning Statement (LSPS) is designed to be a relatively

simple-to-understand document that sets out Council’s land use vision, planning

principles, priorities, and actions for the next 20 years. It will be reviewed on a

regular basis.

The LSPS is required to be consistent with the Greater Sydney Commission’s

North District Plan. The intent of the LSPS is to provide a clear line-of-sight

between the key strategic priorities identified at the regional and district level

down to the local neighbourhood level. The draft LSPS has been prepared

having strong regard to the Council’s Community Strategic Plan and existing

broader policy and strategy framework.

It is noted that under the ‘Liveability’ theme of the draft LSPS, the need to

prepare a Local Housing Strategy (LHS) has been identified. The draft LHS will

form the strategic framework for the delivery of housing in the North Sydney

Local Government Area. The draft LHS is being reported to Council under

separate cover. Subject to endorsement, it is intended to exhibit the two

documents concurrently given their close inter-relationship.

This report represents an identified milestone required for the LEP Acceleration

Grant Funding. Expenditure associated with addressing the planning priorities

is covered by existing adopted budgets or the LEP Acceleration Grant Funding.

Recommending:

1. THAT Council endorse the attached Draft Local Strategic Planning

Statement (Attachment 1) for the purposes of public exhibition.

2. THAT a copy of the Draft Local Strategic Planning Statement be forwarded

to the Greater Sydney Commission and Department of Planning and

Environment for their review and comment.

3. THAT the Draft Local Strategic Planning Statement be placed on public

exhibition for a minimum of 42 days in accordance with the Engagement

Strategy provided at Attachment 2.

COUNCIL – 24/06/19 CiS (6)

4. THAT following exhibition, a report be prepared detailing the outcomes of

the exhibition and any recommended amendments.

5. CiS02: Draft North Sydney Local Housing Strategy

Report of Karen Buckingham, Executive Strategic Planner

As part of the Greater Sydney Commission’s (GSC) regional plan for Sydney,

A Metropolis of Three Cities and the North District Plan, there are requirements

for all Sydney Councils to prepare:

1. A Local Environmental Plan (LEP) Review “Road Map” (Reported to

Council 19 November 2019)

2. A Local Strategic Planning Statement (Report to Council 24 June 2019)

3. A Local Housing Strategy (Current Report)

Council endorsed the acceptance of LEP Acceleration Funding at its meeting

on 29 October 2018 and this report represents a key milestone for that funding

which requires North Sydney Council to complete the program of work in two

rather than three years.

As reported to Council on 19 November 2019, a Local Housing Strategy (LHS),

as well as mandated by the regional plan, fulfils a required milestone obligation

for the LEP Acceleration Grant Funding. The draft LHS will form the strategic

framework for the delivery of housing in the North Sydney Local Government

Area (LGA).

The GSC will be assessing all LHS’s prepared by Councils in Sydney and this

is expected to be conducted prior to the end of 2019.

This report presents for Council’s endorsement, the draft North Sydney LHS for

the purposes of public exhibition. The LHS identifies that Council will meet

the implied dwelling targets prepared by the DPE by virtue of its existing zoning

regime with the addition of the growth anticipated by the draft St Leonards and

Crows Nest 2036 Plan.

The draft Local Strategic Planning Statement (LSPS) is being reported to

Council under separate cover. The draft LSPS is designed to be a relatively

simple-to-understand document that sets out Council’s land use vision, planning

principles, priorities, and actions for the next 20 years. The draft LSPS identifies

(under the ‘Liveability’ theme), the need to prepare a Local Housing Strategy

(LHS). Subject to endorsement, it is intended to exhibit the two documents

concurrently given their close inter-relationship.

Expenditure associated with the preparation of the LHS is covered in full by the

LEP Acceleration Grant Funding.

Recommending:

1. THAT Council endorse the attached Draft North Sydney Local Housing

Strategy (Attachment 1) for the purposes of public exhibition.

2. THAT the Draft North Sydney Local Housing Strategy be placed on public

exhibition for a period of six weeks (a minimum of 42 days).

3. THAT following exhibition, a report be prepared detailing the outcomes of

the exhibition and any recommended amendments.

COUNCIL – 24/06/19 CiS (7)

6. CiS03: Ward Street Masterplan – Supplementary Report

Report of Marcelo Occhiuzzi, Manager Strategic Planning

At its meeting of 25 February 2019, Council considered a report into the Ward

Street Precinct Masterplan. Its purpose was to seek Council endorsement for

the finalisation of the Masterplan after having been exhibited between August

and October 2018. At that meeting, Council resolved:

1. THAT the Stage 2 Ward Street Precinct Masterplan be deferred.

2. THAT the Stage 2 Ward Street Precinct Masterplan be referred to

Council’s Strategic Planners for further consideration and review of 45

McLaren Street and reduction of the 57 storey proposal at Site B.

In response to that resolution, a report was prepared for the Council meeting on

27 May 2019 wherein it resolved:

1. THAT the matter be deferred pending the decision by the Independent

Planning Commission regarding 41 McLaren Street, North Sydney.

This report is in response to both these resolutions.

Since Council’s consideration of the previous report on this matter in May 2019

(Attachment 2), the Independent Planning and Assessment Commission (IPC)

has delivered its recommendation that the Planning Proposal for 41 McLaren

Street should not proceed. Council had objected strongly to the approval of the

previously lodged planning proposal for that site. This decision is a strong

validation of Council’s strategic planning efforts in North Sydney over the past

two years. This decision not only protects the design integrity of the Ward

Street Masterplan, but also serves to assist Council in its consideration of

whether the site at 45 McLaren Street should carry significant additional

development potential under the Masterplan.

The IPC recommendation means that there is increased certainty regarding the

immediate and medium-term scale of development in the north east segment of

the precinct. This will range between 2-8 storeys on three significant sites

including 45 McLaren Street. This decision is consistent with the preferred

Masterplan Option 2 which retains low height to the north of the precinct. This

option was preferred by the community and concerns were expressed with

Masterplan Option 1 which contained tall buildings on 41 and 45 McLaren

Street.

The preparation of the Ward Street Masterplan has a multitude of objectives and

drivers. A central objective is the opportunity to create a significant number of

new jobs in the context of the delivery of Metro in 2024 and the North District

Plan’s ambitious jobs targets. The approach taken in Council’s post exhibition

report (Attachment 1) sought to maximise the direct public benefit arising from

the development of the precinct, in the form of public open space and

community facilities, whilst delivering ambitious jobs targets. The

redevelopment of 45 McLaren Street does not make a substantive contribution

to these objectives.

In the context of Council’s broad objectives for the preparation of the Ward

Street Masterplan, the IPC’s recommendation on 41 McLaren Street and

acknowledging significant community opposition to increased heights in the

northern part of the precinct, this report recommends that 45 McLaren Street

retain its current planning controls, including height, in the short term.

COUNCIL – 24/06/19 CiS (8)

In terms of the potential height limit for Site B, the heights proposed have been

tested for solar impacts upon “special” and residential areas outside the CBD as

required by the current planning controls. It should be noted that the Masterplan

identifies a height of RL 230, consistent with the height of the approved over

station development at the Victoria Cross Metro Street, with the remaining

height over and above this, being subject to additional public benefit and design

excellence tests. The height proposed for Site B has been determined to be

consistent with Council’s approach to the management of solar impacts. It is

reasonable in the context of ambitious employment targets, that very tall

commercial buildings should be accommodated in a central CBD location and

environment like North Sydney with exceptional access to public transport.

The Stage 2 Ward Street Masterplan project was largely funded in the 2017/18

budget and there was $185,000 spent on consultancies and exhibition in that

time from a budget allocation of $150,000. Internal transfers within the

Strategic Planning budget made up for the budget shortfall. Up to $150,000 has

been identified in the LEP Acceleration Program grant funding to support the

next stage of this project.

Recommending:

1. THAT consistent with the post exhibition report considered by Council on

25 February 2019 (Attachment 1), the following be resolved by Council:

2. THAT Council note the comments raised and preferred Masterplan option

selected by the submitters as part of the exhibition of the draft Stage 2 Ward

Street Precinct Masterplan.

3. THAT Council endorse the final masterplan Option 2, as amended, in order

for Council to move forward with an implementation strategy.

4. THAT Council resolve to progress the Masterplan by preparing design

specifications for the knowledge hub, cultural hub and plaza/open spaces in

order to inform a clear and unambiguous pathway to their delivery.

5. THAT Council resolve to progress the Masterplan by preparing an

implementation plan containing:

a) strategies to maximise wider benefits within the precinct (including staging,

flexibility, timelines, sound financial management, continued commitment

to high quality outcomes and design qualities in the realisation of the

masterplan);

b) further financial analysis; and

c) a probity plan to ensure that Council’s dual role of landowner and regulator

are managed and transparent.

6. THAT Council acknowledges that an amendment to the Berry Street Special

Area controls contained in the North Sydney LEP will be required to facilitate

the heights anticipated under the preferred Masterplan. This amendment,

however, will only occur on the proviso that a high amenity, flexible and highly

usable new open space is created as a result of new development within the

precinct.

7. THAT Council writes to all the submitters thanking them for their

contributions to the Masterplan preparation process.

COUNCIL – 24/06/19 CiS (9)

7. CiS04: Northern CBD Planning Study – Tender No.

22/2019

Report of Marcelo Occhiuzzi, Manager Strategic Planning

Public tenders were called for the appointment of a consultant to undertake the

Northern CBD Planning Study. Four tender submissions were received on 17

April 2019.

For Councillors to discuss the content of this Commercial in Confidence report

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

Information regarding the funding for this project has been provided to

Councillors under separate cover.

This project will be fully funded from the LEP Acceleration Grant.

Recommending:

1. THAT Council rejects all of the submitted tenders for the Northern CBD

Planning Study – Tender No. 22/2019.

2. THAT in accordance with Clause 178(3) of the NSW Local Government

(Regulations) 2005, Part 7 Tendering, Council resolves to enter into direct

negotiation in the first instance with the highest ranked tenderer for the Northern

CBD Planning Study – Tender No. 22/2019, then with other tenderers in

descending order if necessary.

3. THAT Council not call for fresh tenders to be submitted because it considers

negotiation with the previous tenderer (as per recommendation 2) will enable

Council to achieve best value for money.

4. THAT the authority be delegated to the General Manager (or delegate) to

negotiate with the tenderer/s and, subject to achieving a satisfactory outcome,

enter into a contract for the Northern CBD Planning Study – Tender No.

22/2019.

5. 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.

6. THAT Council commence Stage 1 – initial consultation, of the proposed

contract itself to seek to meet the Department of Planning and Environment’s

project and funding deadlines.

COUNCIL – 24/06/19 CLS (10)

Community & Library Services Division

8. CLS01: Family and Children’s Services Strategy 2018-24 –

Implementation Program

Report of Martin Ellis, Director, Community and Library Services

Council’s Delivery Plan 2018-21 has the following objectives:

• 4.1.2.3 Implement the Family and Children’s Strategy July 2018-24

• 4.1.3.1 Review the range and quality of Council’s child care programs

• 4.1.3.3 Review Development Controls to improve availability of child care

The Family and Children’s Services Strategy 2018-2024 was adopted by

Council on 27 August 2018. Priorities were identified and costings arrived at in

early 2019. While the implementation of the Children’s Strategy was included

in the Delivery Program and Operational Plan, identification of specific project

funding requirements overlapped with the Budget/IPART process and timing.

For 2019/20 the priorities for Council in implementing the Family and

Children’s Services Strategy are:

• Replacement of Greenwood Child Care Centre playground;

• Architectural Review of Forsyth Park Community Centre to incorporate

Before and After School Care (Feasibility Study and, if approved by

Council, Development Application);

• New Shade Structures in Child Care Centres; and

• Report on Child Care Centre standards for above-ground centres: to be used

in review of Council’s Development Control Plan Part B Section 5 Child

Care Centres.

An allocation of $212,900 from accumulated Section 94 Child Care levies

would be required to achieve these objectives in 2019/20. The current balance

of Section 94 Child Care funds is $1,663,943.

The transfer from Reserves and allocation to the identified projects has been

included in the amended 2019/20 Budget, reported separately to this Council

meeting (Item CoS01).

Recommending:

1. THAT $212,900 be allocated to Children’s Services projects identified in the

report for 2019/20, funded from Section 94 Child Care levies.

9. CLS02: James Milson Village – Council Nominees to the

Board 2019/20

Report of Martin Ellis, Director, Community and Library Services

Council is entitled to nominate annually two Directors to the Board of the North

Sydney Retirement Trust (James Milson Village). For 2018/19 they have been

Ally Murphy and Stephen Carberry. Ms Murphy and Mr Carberry have

provided their reports in the format recommended by the 2016 Governance

Review. They advise that the answers in all cases to the following questions are

in the affirmative:

1. Is the North Sydney Retirement Trust registered as an approved provider

with the Commonwealth to provide aged care services, accredited and

receiving Commonwealth Government subsidies? YES

COUNCIL – 24/06/19 CLS (11)

2. Do the objects of the organisation still meet the social justice interests of the

council as set out in the Constitution:

a. Deliver care and wellbeing for the frail and aged, particularly in the

local government areas of North Sydney, Lane Cove, Mosman and

Willoughby. YES

b. Conduct the aged care facilities within the James Milson Village on the

corner of Clark Road and High Street, North Sydney and/or such other

place or places as the Board determines. YES

c. Relieve poverty experienced by persons who are aged. YES

d. Relieve aged persons who are in necessitous circumstances. YES

e. In each case with commitment, integrity and respect for each individual.

YES

3. Is the organisation operating and solvent? YES

This report notes the feedback received and in addition recommends Council

forward its nominees to the Trust for the coming 12 months, 2019/20.

Council’s lease to the Trust is for a peppercorn; the value of the lease has been

estimated at $700,000 p.a. The Trust’s return to the community as recorded in

the 2017/18 Annual Report is $1.8m in forgone revenue for social justice

initiatives (waiving/reduction in fees). The Directors are non-executive (and

unpaid). There is no cost to Council arising from their role.

Recommending:

1. THAT Council determines its nominees to the Board of the North Sydney

Retirement Trust for 2019/20.

2. THAT Council expresses its thanks to Ally Murphy and Stephen Carberry

for their service on the Board of the North Sydney Retirement Trust for 2018/19.

10. CLS03: 2019 Nan Manefield Young Writers’ Award

Report of Yasmin Greenhalgh, Children’s and Youth Librarian

Wednesday 15 May 2019 saw the presentation night of the Nan Manefield

Young Writers’ Award at Stanton Library. This is the 30th year that the award

has been run by North Sydney Council, and the 5th in honour of Nan Manefield.

Over 15 schools were represented and prizes totalling more than $4,000 were

presented to the winners at the awards evening, attended by the Mayor, Jilly

Gibson.

The 2019 major prize winners for the five age groups were:

11 years: Cecilia Lung for A Colour Deeper Than We’ll Ever Be

12 years: Adam Zreika for Do You Ever

13 years: Yolanda Pu for Glass Bottles of Imagination

14-15 years: Emma Walton for Edge of the Ocean

16-18 years: Jennifer Hao for El Paraiso

Prizes totalled approximately $4,000, of which $3,350 was provided from

Library budgets. Sponsor vouchers and gift certificates contributed an

additional prize value of $650.

Judging duties were performed gratis. Judges received a token appearance fee

for their attendance and contribution at the Awards Night. The total cost of

appearance fees was $1,100 taken from the Library Activities budget.

Recommending:

1. THAT the report be received.

COUNCIL – 24/06/19 CLS (12)

11. CLS04: 287 Miller Street, Cammeray - Deed of Mutual

Termination of Deed of Agreement and New Amending Deed

Report of Martin Ellis, Director, Community and Library Services

At its meeting on 29 October 2018, Council resolved:

THAT Council provide a letter of support for Link Housing’s acquisition of

the NSW Land and Housing Corporation’s share of [287 Miller Street,

Cammeray] as discussed in this report.

The property, a five-room boarding house, was at that time held in tri-partite

ownership.

Link Housing’s negotiations with NSW Land and Housing Corporation

(LAHC) have been completed and Link Housing Inc now owns 86.26% of the

property, with Council’s share untouched at 13.74%. For the sale to be finalised

a Deed of Mutual Termination of Deed of Agreement and new amending Deed

between Link Housing Inc and Council need to be signed.

The amending Deed provides for the continuation of Council’s purposes in part

owning this property, namely that:

• A minimum of five social housing units are held;

• North Sydney residents in need are prioritised over other applicants; and

• The asset remains within the North Sydney LGA.

Execution of the Deed is consistent with Council’s previous determination on

this matter. Council’s authorisation to affix its Seal to the Deed is therefore

sought in accordance with Division 1, Regulation 400 of the Local Government

Regulations 2005.

Link Housing’s responsibility for cyclical and planned maintenance remains in

place under the Management Agreement Council has with Link. Link’s

Management fee is $250 per unit per month, payable by Council from surplus

income generated by the entire community housing portfolio. All other costs for

property maintenance and tenant management are born by Link.

Recommending:

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

of Mutual Termination of Deed of Agreement, and new amending Deed between

Link Housing Inc and North Sydney Council.

COUNCIL – 24/06/19 CoS (13)

Corporate Services Division

12. CoS01: Operational Plan and Budget 2019/20 - Post

Exhibition

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

Darren Goode, Manager Accounting Services

Council is required to adopt its Operational Plan and Budget, for the coming

financial year, by 30 June. The draft Operational Plan and Budget 2019/20 was

endorsed for exhibition by Council at its meeting of 24 April 2019. The public

exhibition period ran from 21 May to 17 June 2019, concurrent with the

exhibition of the Draft Fees and Charges Schedule 2019/20. Four submissions

were received.

The purpose of this report is to recommend adoption of the Operational Plan

and Budget 2019/20 (Attachment 1) following its public exhibition. Whilst no

changes to the plan are recommended in response to the submissions received,

a few minor amendments are required, as detailed in this report.

Printing and promotion associated with the Operational Plan and Budget

2019/20 can be met from existing administrative budgets. The proposed

changes to the budget reflect the discontinuation of the trade waste collection

service from 1 July 2019, an increase in the roads reconstruction budget arising

from the resumption of the federal government’s Roads to Recovery program

and an amendment to the budget to allow for the receipt of a grant to partially

fund the Forsyth Park Oval playing surface reconstruction.

The Operational Plan and Budget 2019/20 have been developed in accordance

with the Integrated Planning and Reporting (IPR) framework and the

Community Strategic Plan 2018-2028.

Recommending:

1. THAT having considered the submissions received, Council adopt the

Operational Plan and Budget 2019/20, as attached to this report.

13. CoS02: Fees and Charges Schedule 2019/20 - Post

Exhibition

Report of Garry Ross, Manager Financial Services

The purpose of this report is to adopt the proposed Fees and Charges Schedule

2019/20 following the completion of the public exhibition. 49 submissions were

received, with the majority (all but one) relating to the Shared Parking fee.

Council has reviewed its fees and charges for 2019/20 to ensure direct recipients

of services are paying a fair share towards the costs of the services they use.

Adjustments have been made to ensure comparable market rates and

consistency with neighbouring councils.

Largely fees and charges will increase by 2.5% over the previous year. There

are some increases of greater percentage applied due to the circumstances and

cost of providing specific services. Some fees will be discontinued and a number

of new fees are proposed, as detailed in Attachment 2.

The financial impacts from the Fees and Charges Schedule 2019/20 have been

incorporated into the financial estimates within the 2019/20 Operational Plan.

COUNCIL – 24/06/19 CoS (14)

Recommending:

1. THAT the Fees and Charges Schedule 2019/20 be adopted.

14. CoS03: 2019/20 Rating Structure

Report of Garry Ross, Manager Financial Services (Responsible Accounting

Officer)

The 2019/20 Rating Structure has been calculated based on the IPART

determination and applies to a special variation increase in the general income

of 7.0% and includes a 7.0% increase in the minimum rates for both residential

and business rateable properties.

The 2019/20 rate peg for NSW councils has been set at 2.7%. This increase is

included in the SRV determination and is not in addition to the 7.0% variation.

The minimum ordinary rate for 2019/20 has been set at $563.

Rates are Council’s primary source of operating income.

The proposed 2019/20 rating structure is consistent with the IPART approval

and Council’s Revenue Policy.

Recommending:

1. THAT Council make the following rates for the year 1 July 2019 to 30 June

2020:

• Residential Rate 0.095263 cents in the dollar $563.00 minimum

• Business Rate 0.523707 cents in the dollar $563.00 minimum

• Infrastructure Levy 0.004409 cents in the dollar $24.15 base amount

• Environmental Levy 0.004948 cents in the dollar $27.10 base amount

• Crows Nest Mainstreet Levy 0.029010 cents in the dollar $111.33 base amount

• Neutral Bay Mainstreet Levy 0.050454 cents in the dollar $132.16 base amount

15. CoS04: Investments and Loan Borrowings Held as at

31 May 2019

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 31 May 2019.

Investment Portfolio:

The portfolio provided an annualised return of 3.14% for the year to date as at

31 May 2019, 1.13% 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.

Borrowings:

Council has entered into a principal and fixed loan of $9.5 million. The adopted

Delivery Program proposes further borrowing in the 2020/21 financial year.

This report was presented at the Governance and Finance Committee on 17 June

2019 for information. In accordance with the Local Government Regulations,

the Investment Report must be presented to a full Council meeting for

consideration.

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The 2018/19 budgeted returns on investments is estimated to be $1,730,000.00.

This is significantly less than previous returns due to the declining cash reserve

balances and continued low interest rates.

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.

Council has commenced a Request For Quotation (RFQ) for Investment

Advisory Services in order to ensure the Investment Portfolio is being

effectively managed. Council is seeking quotations from suitably qualified,

experienced and independent advisors to assist in the strategic management and

reporting of funds under investment and the on-going development of the

investment policy.

Recommending:

1. THAT the report on Investments and Loan Borrowings held as at 31 May

2019 be received.

16. CoS05: Code of Meeting Practice - Post Exhibition

Report of Ian Curry, Manager Governance and Committee Services

The purpose of this report is to report on the submissions received in response

to the draft Code of Meeting Practice which was on exhibition from 9 May to

20 June 2019 (Attachment 1).

A report on the draft Code (Attachment 2) was submitted to the Governance and

Finance Committee on 8 April 2019 and subsequently considered by Council on

29 April 2019, which adopted the following resolution:

THAT the attached Model Code of Meeting Practice, dated December 2018 with

the deletion of clause 3.1, be placed on public exhibition for 28 days. Public

submissions on the Model Code be received for a further 14 days after the

exhibition period, as per Attachment 3 to this report.

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

exhibition period.

52 submissions were received during the exhibition period and these are

addressed in Attachment 3.

Recommending:

1. THAT Council note the submissions received.

2. THAT Council proceed to adopt the Code of Meeting Practice as attached to

this report.

17. CoS06: Governance and Finance Committee - 17 June 2019

Report of Ian Curry, Manager Governance & Committee Services

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

and Finance Committee held on 17 June 2019 for Council adoption. The Minutes

are attached for information.

The recommendations from GF07 – Code of Meeting Practice – Interim

Engagement and Implementation Report (Min. No. 12) were deferred for

consideration following completion of the public exhibition and consultation

period for the Code of Meeting Practice (CoMP). This occurred on 20 June 2019

COUNCIL – 24/06/19 CoS (16)

and a separate report recommending adoption of the CoMP is included in this

Council meeting agenda. A full copy of GF07 is therefore included as

Attachment 2 to facilitate consideration by the full Council.

Recommending:

1. THAT the Investments and Loan Borrowings report be received. (G01)

2. THAT the report on the Land Valuation Services be received. (G02)

3. THAT the report on the Emergency Services Levy (ESL) be received. (G03)

4. THAT Council provide an update on the ESL communication to residents,

ratepayers and Precinct Committees and also on the Council website. (G03)

5. THAT Council write to the Minister and Shadow Minister expressing

concern in relation the increased cost and shift to local government of the ESL.

(G03)

6. THAT the Precincts/Councillor Supper be reinstated annually. (G04)

7. THAT the date for the next event be Monday 21 October 2019. (G04)

8. THAT the Local Government Remuneration Tribunal 2019 Annual Report

and Determination report be received. (G05)

9. THAT the Councillor Professional Development Program Update report be

received. (G06)

10. THAT Councillors advise the General Manager if they are interested in

attending any of the training courses offered by LGNSW. (G06)

11. THAT the Committee endorses a weeknight in-house training session for

Code of Meeting Practice and Code of Conduct followed by a general

discussion on governance practice. (G06)

12. THAT this matter be deferred for consideration following the completion

of the public exhibition and consultation period for the Code of Meeting

Practice. (G07)

18. CoS07: New Year’s Eve 2019 - Crowd Management Options

Report of Ben Colmer, NYE Events Officer and Suzannah Hills, Acting

Manager Communications & Events

At its meeting of 25 March 2019, Council resolved to facilitate a New Year’s

Eve (NYE) workshop with key stakeholders, including NSW Police,

Department of Premier and Cabinet, Sydney Trains, the Harbourside Liquor

Accord and a representative for the precincts to discuss issues and options

associated with ticketing sites on Council’s land for NYE. NSW Police are

strongly advocating for some kind of ticketing model across the whole harbour

foreshore and it was the general consensus of those in the workshop that

ticketing for the North Shore is inevitable. This is due primarily to managing

the public’s expectations about entry to the event and to adequately manage the

risks associated with the increasing number of people attending the event.

Following this workshop on 6 May 2019, a Councillor briefing session was held

on 20 May 2019 to provide further information regarding ticketing options and

the costs associated with various models of ticketing.

This report outlines four potential options for managing access to Bradfield

Park, Mary Booth Reserve, Blues Point Reserve and Quibaree Park for NYE

2019 and beyond. The advantages and disadvantages for each option have also

been detailed in this report for Council’s consideration.

COUNCIL – 24/06/19 CoS (17)

The consensus view of attendees at the Workshop was that ticketing would

inevitably need to be applied at the same time in order to manage growing

attendance at NYE events.

Previous Managed Access approaches, excluding ticketing, encourages early

attendance due the first in and lock out at capacity approach. Furthermore, it

does not proactively manage the overspill when capacity is reached, leaving this

as an issue to be managed by Police. The Police have consistently raised security

issues and antisocial behaviour that occurs from disenfranchised overspill

crowds, locked out once capacity is reached.

NYE has been included in the Delivery Program and has been allocated a budget

of $406,000 to provide Managed Access arrangements for the 2019/20 event.

It should be noted that if Council resolves to provide free tickets to Blues Point

Reserve, Bradfield Park, Mary Booth Reserve and Quibaree Park for NYE

2019/20, an additional estimated cost of approximately $170,000 would be

required to fund 34,000 free tickets across these four sites. This additional cost

would be offset by applying a charge for the tickets.

Ticketing will also incur significant additional internal resources and raise

expectations for providing improved amenity, including public toilets in the

ticketed areas.

Recommending:

1. THAT Council determine its preferred option for Managing Access to New

Year’s Eve 2019 at Bradfield Park, Mary Booth Reserve, Blues Point Reserve

and Quibaree Park

2. THAT Council resolves to ticket the above parks at a cost of $10 (plus

booking fee).

3. THAT Council resolves to ticket the above parks and opportunity be given

for residents to acquire up to 20% (6,800 tickets) prior to sale to the general

public.

4. THAT the ticket system include pass-out wrist bands to enable attendees to

access local businesses and tickets will be issued to specific individuals and not

transferable to avoid resale/scalping.

19. CoS08: 2019 LGNSW Conference - Proposed Motions and

Election of Delegates

Report of Ian Curry, Manager Governance and Committee Services

The 2019 Local Government NSW Annual Conference will take place from

Monday 14 to Wednesday 15 October 2019 at the William Inglis Hotel,

Warwick Farm.

The purpose of this report is to resolve which Councillors will attend the

Conference; and to inform Council of the “Issues” categories for 2019. Councils

are requested to identify important issues i.e. those causing concern to the

Council and/or the local community and provide these details to LGNSW by 19

August 2019.

Costs will include delegate registration and travel costs. An amount of

$18,500.00 has been allocated in the 2019/20 budget for Mayor and Councillor

attendance at conferences, seminars and training

COUNCIL – 24/06/19 CoS (18)

Recommending:

1. THAT Council nominates four voting delegates to attend the 2019 LGNSW

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

Manager.

2. THAT the Precinct Committees and local business community be invited to

submit suggested issues for Council’s consideration.

3. THAT a further report be submitted to Council in July 2019 regarding any

proposed Motions for the LGNSW Conference.

20. CoS09: New Applications for Reference Group

Membership

Report of Melissa Dunlop, Governance Co-ordinator

The purpose of this report is to inform Council of two applications received for

citizen membership:

• Ms Ashleigh Campbell from Australian Catholic University (ACU) has

applied to be a member of the Sport and Recreation Reference Group.

• Mr Matt Dawson, Event Director for North Sydney Parkrun, has also

applied to be a member of the Sport and Recreation Reference Group.

Recommending:

1. THAT the applications from Ms Ashleigh Campbell from Australian

Catholic University and Mr Matt Dawson from North Sydney Parkrun for

citizen membership of the Sport and Recreation Reference Group be accepted.

COUNCIL – 24/06/19 EPS (19)

Engineering & Property Services Division

21. EPS01: Traffic Committee Minutes - 14 June 2019

Report of Michaela Kemp, Manager Traffic and Transport Operations

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

Committee held on 14 June 2019 for Council adoption. The Minutes are attached

for information.

The full reports to Traffic Committee can be accessed at:

https://www.northsydney.nsw.gov.au/Council_Meetings/Meetings/Committee

s/Traffic_Committee/2019/14_June_2019

Nil.

Recommending:

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

(4.1)

2. THAT Council notes the outcome of the community consultation with

regards to proposed speed cushions in Union Street. (4.2)

3. THAT subject to an urgent road surface/speed cushion friction analysis being

undertaken and if found to be satisfactory, Council installs three (3) rows of

speed cushions in Union Street, McMahons Point as per the attached plan. (4.2)

4. THAT the information concerning the Abandoned Vehicles and Unattended

Boat Trailers Processed Report be received. (5.1)

5. THAT the information concerning Gerard Street and MacPherson Street

Traffic Control Signals Standing Item be received. (5.2)

6. THAT the information concerning Standing Item - Military Road B-Line be

received. (5.3)

7. THAT the community survey regarding offset parking in Parraween Street

be expedited. (5.3)

8. THAT an update be provided to the next Traffic Committee on the Parraween

Street survey. (5.3)

9. THAT a brief report be submitted to the next Traffic Committee meeting

regarding options for additional 15-minute free parking on Parraween Street.

(5.3)

10. THAT the representatives of TfNSW be thanked for attending this meeting

and answering questions. (5.3)

11. THAT Council restrict the three-month trial of No Parking Motor Vehicles

Excepted previously proposed for Montague Avenue and Fifth Avenue to only

the northern side of Fifth Avenue, between Brothers Memorial Park and

Ellalong Road, and a further report be submitted to the Committee.

12. THAT Council advise the Willoughby Bay Precinct and residents of this

resolution.

13. THAT the banners at Waverton Station petition be received and no further

action taken.

14. THAT the head petitioner be advised of this resolution.

COUNCIL – 24/06/19 EPS (20)

22. EPS02: 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 11 June 2019.

Council’s actual Year-to-Date income received through the Property Portfolio

is on target as per the annual forecast. Note the annual Property Revenue

forecast for 2018/19 was adjusted last month as part of the Quarterly Review.

The new Property Revenue forecast figures are reflected in the information

provided to Councillors under separate cover.

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.

23. EPS03: Free Parking Options – Ridge Street Car Park

Report of Cameron Sim, Manager Parking Stations

At the 3718th Council meeting held on 29 April 2019, Mayoral Minute MM03

requested a detailed report on the Ridge Street Car Park. Council at that meeting

resolved the following:

1. THAT Council staff prepare a detailed report on the Ridge Street car

park outlining its current usage and income and provide options for offering

a period of free parking for all customers. This report addresses the issues raised in the Mayoral Minute MM03 and

resolution of Council.

The Ridge Street Car Park is heavily utilised, with a mix of commercial tenants

and day to day casual parking. The casual parking component includes patrons

for the Library and Community Centre, the Tennis Centre, commuter parkers

and customers attending Council Chambers. Additionally, events at local

destinations such as North Sydney Oval and the nearby Catholic and Anglican

churches also increase demand on the available spaces in this car park.

In addition, to these demands, the existing Resident Parking Scheme that

Council has in place at this carpark offers 90 minutes “Free Parking” for

residents who register with Council for an annual fee of $18. This parking

scheme in the 2018 calendar year was utilised a total of 8,578 times and the

current number of customers that have used the scheme (year to date) in 2019

is 4,022.

The body of this report provides further details on the current parking utilisation

in the car park, as well as options, impacts and revenue implications to

implement a free parking period at the Ridge Street Car Park that is in addition

to the existing Resident Parking Scheme which already offers 90 minutes of

“Free Parking”.

The provision of any free parking at Ridge Street Car Park will impact Council’s

carpark revenue, as detailed in this report. There would be minor costs to

COUNCIL – 24/06/19 EPS (21)

implement any tariff adjustments to allow for a free parking period, however

these costs can be covered by the adopted operating budget of the parking

stations.

Recommending:

1. THAT in view of the 29% take-up rate of the various discount schemes

already in place at Ridge Street Car Park and considering the significant loss of

revenue if “Free Parking” were implemented, Council leave the existing tariff

structure unchanged.

2. THAT the existing Resident Parking scheme, which provides up to 90

minutes of “Free Parking” to residents who register for the scheme, remain in

place and be promoted more widely on Council’s website and in the Ridge

Street Car Park.

COUNCIL – 24/06/19 OSE (22)

Open Space & Environmental Services Division

24. OSE01: Sport and Recreation Reference Group – 20 May

2019

Report of Peita Rose, Governance Officer

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

Recreation Reference Group held on 20 May 2019, for Council endorsement. The

Minutes are attached for consideration should Council wish to adopt any of the

recommendations made at the meeting.

Recommending

1. THAT the Minutes of the Sport and Recreation Reference Group meeting of

20 May 2019 be noted and further, Council resolve:

i. THAT the Sport and Recreation Reference Group meets four times a year, the

next meeting be scheduled before the end of August 2019. All members of the

Sport and Recreation Reference Group as well as Councillors be invited to put

forward items of interest for the agenda.

25. OSE02: Ex Waverton Bowling Club Site

Report of Rob Emerson, Director Open Space & Environmental Services

When the Waverton Bowling Club went into liquidation, Council staff contacted

the NSW Department of Industry – Crown Reserves strongly advocating that

this parcel of land should revert on a permanent basis to North Sydney Council’s

care and control as per the remainder of the parkland surrounding the Club.

As of 1 May 2019, Council has gained a six-month lease (copy attached) that

fundamentally allows Council to carry out the initial due diligence on the site

i.e. undertake a condition assessment report of the building, preliminary

contamination review and a risk assessment of the grounds.

It is intended to concurrently complete a due diligence review of the site and

commence community engagement to determine the specific use of the site

(within the sport and recreation reserve category), concurrently with advancing

the re-amalgamation of the site into the surrounding Crown Lands.

The maintenance of the grounds of the Ex Waverton Bowling Club are and will

continue to be maintained by Council’s staff within the existing operating

budget for the six-month period of the lease.

The site contamination report can be funded from savings in the Hayes Street

Land & Beach Improvements project which has been completed under budget

by $17,500.

A preliminary Risk Assessment and the Community Engagement will be

undertaken by Council staff.

Recommending:

1. THAT Council complete the proposed community engagement for the Ex

Waverton Bowling Club Site.

2. THAT on completion of the community engagement a report on the outcomes

of the consultation are reported to Council for consideration.

COUNCIL – 24/06/19 OSE (23)

3. THAT an additional $17,500 be made available from the Hayes Street Land

& Beach Improvements project to undertake the preliminary contamination site

investigation.