36
Council Chambers 10 October 2013 The 3637 th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 14 October 2013. The agenda is as follows. PENNY HOLLOWAY 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 MATTERS BROUGHT FORWARD CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST MATTERS REFERRED TO COUNCILLOR INSPECTIONS MINUTES OF THE MAYOR RESCISSION MOTIONS of which due notice has been given REPORTS from Officers of the Council CORRESPONDENCE to be read, and if necessary ordered upon MOTIONS of which due notice has been given QUESTIONS of which due notice has been given QUESTIONS without notice. COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

COUNCILLORS PLEASE NOTE - ANY PAPERS … · - The recruitment consultants be engaged to facilitate the whole recruitment and selection process, including determining Council’s requirements

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Page 1: COUNCILLORS PLEASE NOTE - ANY PAPERS … · - The recruitment consultants be engaged to facilitate the whole recruitment and selection process, including determining Council’s requirements

Council Chambers 10 October 2013

The 3637th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 14 October 2013. The agenda is as follows.

PENNY HOLLOWAY 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

MATTERS BROUGHT FORWARD CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST MATTERS REFERRED TO COUNCILLOR INSPECTIONS MINUTES OF THE MAYOR RESCISSION MOTIONS of which due notice has been given REPORTS from Officers of the Council

CORRESPONDENCE to be read, and if necessary ordered upon MOTIONS of which due notice has been given QUESTIONS of which due notice has been given QUESTIONS without notice. COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

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TU

NK

S W

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D W

OL L S TO

NECR A F T WA R D C R E M O R NE W

ARD

VI C

TO

RI A

WA

RD

VISITOR

Cr J e ffM O R R I S

Cr M e l i s s aC L A R E

Cr Ste p h e nB A R B O U R

Cr S a ra hB U R K E

Cr Zo ëB A K E R

Cr D a n i e l l eB U TC H E R

Cr To mR O B E RTS O N

DIRECTORCommunity &

Library ServicesMr Martin Ellis

DIRECTOREngineering &

Property ServicesMr Duncan Mitchell

DIRECTOROpen Space &

Environmental Services

Mr Robert Emerson

DIRECTORPlanning &

Development Services

Mr Warwick Winn

MANAGERDevelopment

ServicesMr Stephen Beattie

MANAGERStrategic Planning

Mr Joseph Hill

Cr VéroniqueMA R C H A N D E AU

Cr MaryAnnB E R E G I

Cr G i n nyB E VA N

Cr TonyC A R R

Cr MichelR E YM O N D

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

PUBLIC GALLERY

DIRECTORCorporate ServicesMr Ross McCreanor

GENERAL MANAGERMs Penny Holloway

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COUNCIL AND COUNCIL (ASSESSMENTS) MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

1. Council and Council (Assessments) meetings comprise the full membership of the

Council with a quorum of seven Councillors. Ordinary Council meetings consider reports from all Divisions of Council whereas Council (Assessments) primarily considers reports on Development Applications.

2. The Chairperson shall be the Mayor, Councillor Jilly Gibson, or, in her absence, the Deputy Mayor.

3. A recorded message listing all items on the agenda is placed on the Agenda Information Line (9936 8188) after midday on the Thursday before a Council meeting. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers.

4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8115) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm.

5. As the Chairperson calls the brought forward items on the agenda, speakers are invited to take their place at the foot of the Councillors’ table between Wollstonecraft and Cremorne Ward Councillors. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery.

6. The following points should be noted by members of the public wishing to address Council:

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

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

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

Councillors, you may take no further part in the debate. No written submissions or documentation may be presented to the meeting

without a resolution of Council

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Explanatory Notes for Members of the Public Attending Meetings

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.

11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes and, as such, every effort is made not to record the addresses from members of the public. The recordings are deleted immediately the Minutes have been adopted by Council. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public.

Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at

Council Offices or Stanton Library.

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TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Butcher, Burke, Barbour, Morris, Clare, Baker, Robertson, Marchandeau, Beregi.

SUBJECT: 3637th MEETING OF COUNCIL TO BE HELD ON MONDAY, 14

OCTOBER 2013

THAT THE MINUTES of the previous 3635th Council Meeting held on Monday, 16 September 2013 and 3636th Extraordinary Council meeting held on Tuesday 24 September 2013 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR 1. MM01: General Manager Recruitment process

It was with a great deal of regret that I received the notice of resignation from our General Manager, who will be leaving North Sydney Council after 12 years in the position on 6 December 2013 to take up another position.

It is important that the recruitment process for a new General Manager commence as soon as possible, so that it is well underway by the time that our current General Manager leaves.

For recruitment and selection of a new General Manager, Council must follow the Guidelines for Appointment and Oversight of General Managers, which are

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Director General’s Guidelines issued pursuant to section 23A of the Local Government Act 1993. These state (see extract attached):

“The governing body of council should delegate the task of recruitment to a selection panel and approve the recruitment process. The panel will report back to the governing body of council on the process and recommend the most meritorious applicant for appointment by the council.

The selection panel should consist of at least the mayor, the deputy mayor, another councillor and, ideally, a suitably qualified person independent of the council. .... The selection panel membership should remain the same throughout the entire recruitment process.”

The independent person can be recruitment consultants. It is recommended that expert recruitment consultants are appointed to assist with and facilitate this very important process.

I propose that:

- Proposals be invited as a matter of urgency from a number of recruitment consultants with expertise in the field of senior local government appointments.

- All Councillors meet with a list of potential recruitment consultants, so that the preferred recruitment consultants can be selected to assist with the recruitment process as soon as possible.

- The recruitment consultants be engaged to facilitate the whole recruitment and selection process, including determining Council’s requirements for a General Manager, advertising, executive search, establishing a short-list of applicants and assisting with the interviews by Council.

- The GM selection panel be established as outlined in the Guidelines, but with the Mayor, Deputy Mayor and two Councillors on it.

- The selection panel be delegated responsibility for interviewing the first short-list of applicants, and selecting a number of preferred candidates.

- A selected short-list of two to three candidates be interviewed by the whole Council, for final selection, decision by Council and appointment of the preferred candidate as General Manager.

It is therefore recommended - 1. THAT Council invites proposals from recruitment consultants with expertise in the field of senior local government appointments. 2. THAT Council establishes the General Manager selection panel as outlined above.

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3. THAT Council endorse the process of recruitment of a new General Manager as outlined above and in the Guidelines for Appointment and Oversight of General Managers.

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COUNCIL - 14/10/13 G (4)

REPORTS

General

2. G01: Financial Statements for the year ended 30 June 2013

Report of Garry Ross, Manager Financial Services Please find attached the audited Financial Statements for the year ended 30 June 2013. The document consists of the following four sections: Section I - Executive Summary; Section II - General Purpose Financial Statements; Section III - Special Purpose Financial Statements; and Section IV - Special Schedules. Recommending: 1. THAT under Section 413(1) of the Local Government Act 1993, the Financial Statements for the year ending 30 June 2013 be referred to audit. 2. THAT under Section 413(2) of the Local Government Act 1993, the Financial Statements for the year ending 30 June 2013 have been prepared in accordance with: The Local Government Act 1993 (as amended) and the Regulations made there under, The Australian Accounting Standards and professional pronouncements, and The Local Government Code of Accounting Practice and Financial Reporting. 3. THAT Council authorise the completion of the “Statement by Councillors and Management” for the General Purpose Financial Statements and the Special Purpose Financial Statements. 4. THAT under Section 418(1) of the Local Government Act 1993, both the audited financial reports and the auditor’s reports on the financial statements (Section 417(2) LGA), be placed on public exhibition and presented to the public at the Council meeting on 18 November 2013.

3. G02: Investments Held as at 31 July and 31 August 2013

Report of Garry Ross, Manager Financial Services This report provides details of Council’s performance for returns of its investment portfolio for the months of July and August 2013. Council’s annualised year to date return for July was 5.73% and August was 5.37%. Recommending: 1. THAT the report be received.

4. G03: Disclosure of Pecuniary Interests by Councillors and Designated Persons

Report of Ross McCreanor, Director Corporate Services Section 449(3) of the Local Government Act 1993 requires Councillors or persons holding designated positions as at 30 June to complete and lodge a Disclosure of Pecuniary Interest Return within three months after that date.

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All returns have been duly completed and lodged within the prescribed period by all Councillors and designated officers. The Register of Pecuniary Interest Returns is available for inspection at Council Chambers. Recommending: 1. THAT the report be received.

5. G04: CBD Working Group Minutes - 10 September 2013

Report of Ian Curry, Governance Coordinator This report presents the recommendations of the inaugural meeting of the CBD Working Group, held on 10 September 2013, for Council reception. The minutes are provided for information. Recommending: 1. THAT Council receives the minutes of the CBD Working Group held 10 September 2013. 2. THAT should Council adopt any of the specific projects/proposals recommended in the minutes of the CBD Working Group held 10 September 2013 that a report be prepared detailing proposed costings, timelines and implications to existing workload and the adopted Delivery Program.

6. G05: Educational Institutions Working Group Minutes - 16 September 2013

Report of Ian Curry, Governance Coordinator This report presents the recommendations of the first meeting of the Educational Institutions Working Group held on 16 September 2013, for Council reception. The minutes are provided for information. Recommending: 1. THAT Council receives the minutes of the Educational Institutions Working Group held 16 September 2013. 2. THAT should Council adopt any of the specific projects/proposals recommended in the minutes of the Educational Institutions Working Group held 16 September 2013 that a report be prepared detailing proposed costings, timelines and implications to existing workload and the adopted Delivery Program.

7. G06: Legal and Planning Committee Minutes - 23 September 2013

Report of Ian Curry, Governance Coordinator This report presents the recommendations of the last meeting of the Legal and Planning Committee held on 23 September 2013, for Council endorsement. The minutes are provided for information. Recommending: 1. THAT the Current Appeals and Results - September 2013 report be received. 2. THAT Council note the progress and structure of the North Sydney Centre Review outlined in the report.

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3. THAT Council endorse the attached Traffic and Pedestrian Management Plan brief and include the Residential density further up the Pacific Highway, towards Crows Nest and St Leonards. 4. THAT Council endorse the attached Marketing and Promotion Strategy brief. 5. THAT Council refer this paper to all Precinct Committees, all Streetscape Committees and all Reference and Working Groups. 6. THAT Council resolve to ensure that the Planning Review for the North Sydney CBD is open, transparent and inclusive. 7. THAT Council note that it has undertaken to commence a review of late night trading and small bars and that the review is already in Council’s Delivery Plan for 2013/14. 8. THAT Council retain its current nominees to the Joint Regional Planning Panel for another year. 9. THAT the Joint Regional Planning Panel membership be reviewed in one year’s time. 10. THAT Council raise the issue with the Department of Planning and Infrastructure at its next quarterly meeting. 11. THAT following completion of Recommendation No.1 above, Council staff write to the Department of Planning and Infrastructure seeking a formal response to the issue. 12. THAT upon receiving formal advice from the Department of Planning and Infrastructure, the matter be reported back to Council. 13. THAT this issue also be discussed at the regional level through NSROC, with a view to making a joint representation to the Minister. 14. THAT Council receive the attached standard conditions for imposition on development consents in accordance with relevant provisions of the Environmental Planning and Assessment Act 1979 and Regulations 2000. 15. THAT Council note the Preamble to the standard conditions. 16. THAT Council note that the standard conditions are reviewed and updated by Senior Planning Staff on an ongoing basis and as circumstances dictate. 17. THAT the standard conditions and report be referred to the JRPP and NSIPP for information. 18. THAT the staff involved in the project (Stephen Beattie, David Hoy, Robyn Pearson, Fiona Mulcahy, Vesna Ristic, Zarko Cvetkovic, Geoff Mossemenear, Lucinda Varley, Lisa Trueman, Long Huynh and Adrian Pannucio) be congratulated and thanked for their efforts.

8. G07: Audit & Risk Committee Minutes - 26 September 2013

Report of Ross McCreanor, Director Corporate Services This report presents the recommendations of the last meeting of the Audit & Risk Committee held on Thursday 26 September 2013. The minutes are attached for information. Recommending: 1. THAT Council receives the minutes of the Audit & Risk Committee held 26 September 2013.

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9. G08: Councillor Workshop - Finance Actions Rising - 30 September 2013

Report of Ross McCreanor, Director Corporate Services This report presents the actions arising from the first Councillor Workshop - Finance held on 30 September 2013. The summary of actions is provided to Council for information:

1. Amend Councillor Workshop - Finance Charter: 5. No quorum required. 12.1 amend to read: personal and confidential information.

2. Distribute previously prepared discretionary service list. 3. Provide overview of Employee Leave Entitlements for next Workshop. 4. Explain how S94 contributions are calculated. 5. Explain Council’s policy for receiving bequests and donations. Distribute

form/policy regarding bequests and donations. 6. Distribute LGNSW cost shifting reports and expenditure that has been

shifted on Council over the last four years. Actions arising will be addressed at the next Workshop. The Councillor Workshop - Finance Charter is also presented to Council for adoption. Attachment 2 incorporates the amendments made at the Workshop. Recommending: 1. THAT the summary of actions arising from the Councillor Workshop - Finance held on 30 September 2013 be received. 2. THAT the Councillor Workshop - Finance Charter be adopted.

10. G09: Reference Group Charters

Report of Jenny Gleeson, Manager Corporate Planning and Governance Council’s Committee, Reference Group and Working Group structure is reconstitute annually each September. Council at its meeting of 2 September 2013 resolved (Min No. 560): THAT existing Committees of Council, Reference Groups and Working Groups be reconstituted. Also, Council at its meeting of 5 August 2013 resolved (Min No.495): THAT Council adopt the amended Sustainable Transport Reference Group Charter, subject to amending Clause 4.1 as follows: To promote public, active and alternative transport modes to reduce the reliance on private vehicle use in and through the North Sydney local government area and to ensure all other clauses use the same definition where appropriate. THAT any individual who is interested in the Sustainable Transport Reference Group be emailed the Agenda. THAT all Reference Group and Working Party charters be amended to include an unlimited number of Reference Group and Working Party members. THAT the amended charters be referred to the next Governance Committee. The Reference Group Charters have been amended accordingly and are presented to Council for adoption. The amended Working Group Charters will be presented to Council separately. The related financial implications include advertising the call for citizen members in the local paper. The associated costs will be covered by the 2013/14 budget. Recommending:

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1. THAT the amended Reference Group Charters be adopted.

11. G10: Report on Matters Outstanding from Council Resolutions

Report of Penny Holloway, General Manager A report on the current status of matters arising from Council resolutions up to the meeting of 24 September 2013 is presented. Recommending: 1. THAT the report be received.

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Division of Planning & Development Services 12. PDS01: Proposed DCP2013 Amendment - Implementing

recommendations of the St Leonards/Crows Nest Planning Study - Precinct 1

Report of Alex Williams, Senior Strategic Planner In 2012 Council formally adopted the St Leonards/Crows Nest Planning Study - Precinct 1. The study identified locations where increased building setbacks would improve pedestrian flow and amenity through the provision of widened footpaths, landscaping and outdoor seating. The study also contained recommendations regarding podium heights and the provision of awnings. The proposed DCP amendment seeks to ensure that new development incorporates the setbacks, podium heights and provision of awnings as recommended by the planning study. Recommending: 1. THAT the draft Development Control Plan (DCP) amendment be placed on public for a period of 28 days.

13. PDS02: Planning Proposal - 12 Bogota Avenue, Kurraba

Point

Report of Ben Boyd, Executive Strategic Planner Council has received a Planning Proposal for the site known as 12 Bogota Avenue, Kurraba Point. The Planning Proposal seeks to amend North Sydney Local Environment Plan 2013 (NSLEP 2013) to enable “multi dwelling housing” permissible with consent on the subject site. It primarily seeks to do this by including a site specific provision under Schedule 1 of NSLEP 2013. The Planning Proposal is not supported for the following reasons:

the proposed use is inconsistent with the objectives of the R2 zone, in so far that it promotes an undesirable density for the subject site;

it would set an undesirable precedent for the amendment of planning controls to legitimise unlawfully constructed works; and

it is considered that any development application for the occupation of the single storey building for multi-dwelling housing could not be supported due to too many non-compliances with the relevant sections of State Environmental Planning Policy (Affordable Rental Housing) 2009 and North Sydney Development Control Plan 2013.

As such, the Planning Proposal is considered to be unsatisfactory and should not be forwarded to the Department of Planning and Infrastructure for Gateway Determination. Recommending: 1. THAT Council refuse the Planning Proposal from proceeding to Gateway Determination.

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2. THAT Council notifies the applicant of Council’s determination in accordance with clause 10A of the Environmental Planning and Assessment Regulations 2000. 3. THAT Council’s Building Compliance section investigate regulatory actions to have any unlawful building works removed and rectified in accordance with Building Permit No. 322/59, determined by Council on 1 December, 1959 and Building Permit No. 410/83, determined by Council on 5 October, 1983.

14. PDS03: Luna Park, 1 Olympic Drive, Milsons Point

Report of Amy Young, Senior Environmental Health Officer The attached acoustic report provides an analysis of the findings of noise level surveying conducted at Luna Park Sydney (LPS) for the year ended March 2013. This report constitutes an annual review as required by Section 12 of the Acoustic Plan of Management (APOM), based on Condition 103 of Conditions of Development Consent No. 154-06-01 and Condition 33 of Development Consent No. 201-6-2002, both issued by the Minister for Urban Affairs and Planning. The objectives of the report are to:

document the findings of the audit period with respect to operations at the park;

review proposals, if any, for planned mitigation works arising from the review and audit process;

examine any modifications to procedures that have been implemented during the period; and

review the effectiveness of the Acoustic Plan of Management and propose any changes to procedures for the forthcoming period.

Recommending: 1. THAT the report be received.

15. PDS04: 16 Cremorne Road, Cremorne Point (C) - DA100/13

Applicant: Beata Mancuska Architects Report of Luke Donovan, Senior Assessment Officer, 30 September 2013 The subject development application seeks the consent of Council for alterations and additions to a dwelling including an addition at roof terrace level at 16 Cremorne Road, Cremorne Point. Development application 100/13 was reported to Council on 2 September 2013 with a recommendation for refusal due to a loss of views and a failure to reinforce the heritage significance and character of the Cremorne Point Conservation Area (refer to Attachment 4). At this meeting Council resolved to defer the matter to a site inspection to assess view impacts of the proposal. The matter is referred back to Council for consideration following the Councillor Site Inspection. The minutes from the Councillor Site Inspection are attached (refer to Attachment 8). The amended plans submitted to Council on 10 September 2013 (refer to Attachment 6) provided an increased setback of the front facade of the roof top addition (1metre). The roof and supporting posts would maintain a nil setback.

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The changes do not alter Council Officers original recommendation of the application for refusal. The previous reports to Council (refer to Attachments 3 and 4) contain an assessment of the application against Council’s planning requirements. In addition to this, the issues raised by the submitters were addressed in the original report. The application is recommended for refusal due to a loss of views and a failure to reinforce the heritage significance and character of the Cremorne Point Conservation Area. Recommending PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT Council resolve to refuse development consent to Development Application No. 100/13 for alterations and additions to dwelling including addition at roof terrace level on land at 16 Cremorne Road, Cremorne Point, as shown on drawing numbers 001, Issue D, dated August 2013, 003 – 005 (inclusive), Issue E, dated September 2013 and received by Council on 10 September 2013 all drawn by Beata Mancuska Architect, for the following reasons:- 1. Character of the Cremorne Point Conservation Area The proposed new works to the roof top terrace will fail to reinforce the character of the Cremorne Point Conservation Area. The Cremorne Point Conservation Area is predominantly characterised by two storey residential dwellings. These new works will visibly alter the character of the building from that of a two storey to a three storey residential dwelling. As such, approval of this application will erode the opportunity to maintain the character of the Cremorne Point Conservation Area. Particulars The new works to the rooftop terrace will erode the character of the Cremorne Point Conservation Area which is contrary to: (a) The aim in Clause 3(e)(i) of the North Sydney Local Environmental Plan 2001; (b) The conservation area objective in Clause 49 (1)(a) of the North Sydney Local Environmental Plan 2001; (c) The conservative area objective in Clause 49(1)(f) of the North Sydney Local Environmental Plan 2001; (d) The residential G zone objective in Clause 14(1)(a) of the North Sydney Local Environmental Plan 2001; (e) The conservation objectives in Section 8.8(h)(i),(ii),(iii),(ix), Section 8.8(i)(i) and Section 8.8(k)(vii) of the North Sydney Development Control Plan 2002; and (f) The heritage conservation area objectives of Section 13.10.3 (O1), and the general objectives of Section 13.6.2(O1), Section 13.6.3(O1), and Section 13.6.4(O1) of the Draft North Sydney Development Control Plan 2012. 2. Heritage significance of the Cremorne Point Conservation Area The proposed new works to the roof top terrace will also fail to reinforce the heritage significance of the Cremorne Point Conservation Area. The proposal will visibly increase the bulk of the building when viewed from the public domain, incorporate uncharacteristic detailing which will detract from the heritage

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significance of the building and result in a front facade that is further altered from the original. Particulars The new works to the rooftop terrace and the addition of photovoltaic panels will erode the heritage significance of the building and the Cremorne Point Conservation Area which is contrary to: (a) The aim in Clause 3(e)(ii) of the North Sydney Local Environmental Plan 2001; (b) The heritage conservation objective in Clause 44(d) and the conservative area objective in Clause 49(1)(f) of the North Sydney Local Environmental Plan 2001; (c) The residential G zone objective in Clause 14(1)(a) of the North Sydney Local Environmental Plan 2001; (d) The heritage conservation objective in Clause 5.10(1)(b) of the North Sydney Local Environmental Plan 2013; (e) The architectural roof features objective in Clause 5.6(1)(b) and 5.6(3)(a)(i) of the North Sydney Local Environmental Plan 2013; (e) The conservation objectives in Section 8.8(h)(i),(ii),(iii),(ix), Section 8.8(i)(i), Section 8.8(k)(vii), Section 8.8(l)(iv) and Section 8.8(o)(ii) of the North Sydney Development Control Plan 2002; and (f) The heritage conservation area objectives of Section 13.10.3 (O1), and the general objectives of Section 13.6.2(O1), Section 13.6.3(O1), Section 13.6.4(O1), Section 13.9.4(O1) of the Draft North Sydney Development Control Plan 2012. 3. View loss By virtue of the increased building height and bulk of the proposed rooftop addition, the proposal will result in unacceptable view impacts. Particulars (a) The new western rooftop addition is unacceptable having regard to the planning principle set out in tenacity Consulting v Warringah Council 2004 NSWLEC 140; (b) The view of the Harbour and city skyline to the south east and south west from Unit 5, 18-20 Cremorne Road is significant and is enjoyed from a standing position from the living area of Unit 5, 18-20 Cremorne Road; (c) The water and city views in a south westerly direction will be moderately impacted from the living area of Unit 5, 18-20 Cremorne Road, Cremorne Point, with the impacts caused by elements of the proposed development that are non compliant with the building height development standard at Clause 17 of the North Sydney Local Environmental Plan 2001 and Clause 4.3(1)(b) of the Draft North Sydney Local Environmental Plan 2012; (d) The aim in Clause 3(b)(i) of the North Sydney Local Environmental Plan 2001; and (e) The view loss objectives in Section 7.2(e) and the streetscape objective in Section 8.8(b)(i) of the North Sydney Development Control Plan 2002. B. THAT in refusing Development Application No. 100/13, and in the event of the applicant lodging an appeal to the Land & Environment Court, the Council pursuant to Section 377 of the Local Government Act 1993 grants delegated authority to the General Manager to resist such appeals having regard to the reasons for refusal identified above.

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Division of Community & Library Services

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Division of Engineering & Property Services 16. EPS01: Traffic Committee Minutes - 6 September 2013

Report of Aurelio Lindaya, Traffic Planning Manager This report presents the recommendations of the meeting of the Traffic Committee held on 6 September 2013, for Council endorsement. The minutes are provided for information. Recommending: 1. THAT Council not proceed with the construction of a pedestrian refuge island in Wycombe Road, north of Raymond Road, given its impacts on the parking supply. 2. THAT the plans for the traffic management for the International Fleet Review be approved. 3. THAT Council approve the detailed design for the vehicle drop off/ pick up facilities associated with the approved Graythwaite (Shore School) Stage 1 redevelopment 4. THAT Council approve a 6 month trial of the No Right Turn into and out of the site from Union Street subject to approval of a detailed Traffic Management Plan (TMP) by the RMS. 5. THAT Council advise Shore School that the performance review of the No Right Turn shall by carried out 6 months after operation by an independent, suitably qualified traffic consultant. The methodology of the performance review shall be agreed to by Council’s Traffic Planning Manager prior to the traffic review occurring. 6. THAT the information (Delegated Authority) be received. 7. THAT the recommendations made for changes in the parking restrictions be adopted. 8. THAT the recommendations made for minor traffic investigations be adopted. 9. THAT Council raise no objection to the Harbour Hike to be held on Sunday, 1 September 2013 subject to Police approval and the conditions outlined in the submitted Traffic Management Plan. 10. THAT the Traffic Committee approve the road closures detailed in this report, in accordance with the submitted Traffic Management Plan, on Sunday 22 September 2013 for the purpose of the 2013 Sydney Running Festival, subject to RMS and Police approval, appropriate public liability insurance and subject to notifications being distributed to affected properties at least 2 weeks prior to the event and compliance with North Sydney Council’s standard Road Closure conditions. 11.THAT Council raises no objection to the Seven Bridges Walk to be held on Sunday 27 October 2013 according to the submitted pedestrian and traffic management plan, subject to Police approval, RMS approval, appropriate public liability insurance, and the event being undertaken in accordance with AS 1742.3 and the RMS’s Traffic Control at Work Sites. 12.THAT Council raises no objection to the Sydney Spring Cycle event to be held on Sunday 20 October 2013, subject to Police and RMS approval,

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appropriate public liability insurance, and the event being carried out in accordance with AS 1742.3 and 2013 Traffic Management Plan. 13. THAT the information (Abandoned Vehicles Processed) be received.

17. EPS02: Council Own/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 8 October 2013. Rental income to Council will be received in the Property budget. Recommending: 1. THAT Council notes the leasing transactions, which are detailed in Attachment A of this report. 2. THAT Council hereby authorises its Official Seal to be affixed to the legal instruments necessary to implement the proposed leasing transactions, which is noted in “Attachment A” of this report, under the signature of the Mayor and the General Manager.

18. EPS03: Streetscape Committees Program - Proposed Changes

Report of John Butterworth, Projects Manager and Jenny Gleeson, Manager Corporate Planning and Governance The purpose of this report is to inform Council of proposed changes to the Shopping Area Streetscape Committees Program effective from 2014. It is recommended that the meeting frequency of Crows Nest and Neutral Bay Streetscape Committees be reduced from six meetings held bimonthly to four meetings held quarterly, effective from 2014, and that such meetings be held locally rather than at Council in order to encourage increased attendance by local business people and residents. It is also recommended that the Cremorne and Kirribilli Streetscape Committees meeting frequency be reduced to one meeting per annum as the major capital works programs have concluded. Council’s Shopping Area Streetscape Committees Program was established in 1997. Through this Program, Council partners with local retailers and businesses to improve the ambience of local shopping areas. There are currently four active Committees - Cremorne, Crows Nest, Kirribilli and Neutral Bay. Over time, some Committees have become inactive as their related works program has been completed - namely Cammeray, Blues Point Road and Waverton Village. Recommending: 1. THAT the Crows Nest and Neutral Bay Streetscape Committees meeting frequency be reduced to four meetings held quarterly effective from 2014. 2. THAT the Cremorne and Kirribilli Streetscape Committees meeting frequency be reduced to one meeting per annum as the major capital works programs have concluded, effective from 2014. 3. THAT the 2014 Crows Nest and Neutral Bay Streetscape Committees meetings be convened at a meeting venue within their respective shopping areas

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e.g. at Crows Nest Centre and Neutral Bay Community Centre to encourage increased attendance by local business people/residents per area.

19. EPS04: Proposed Mixed Use Redevelopment Parraween, Street Cremorne: DA Phase - Tender 4-2014

Report of John Butterworth, Projects Manager Tenders were called and were received until 4pm Tuesday 17 September 2013 for the submission of tenders for consultancy teams to undertake the preparation of a Development Application for the proposed mixed use redevelopment of the adjoining Parraween Street Cremorne Carpark and Early Childhood Health Centre. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this phase of this project is committed within the 2013/14 Operational Plan. No further funding needs to be sought. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 4-2014 to prepare a Development Application for the Proposed Mixed Use Redevelopment of the Parraween Street Cremorne Carpark and adjacent Early Childhood Health Centre. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 4-2014 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

20. EPS05: Submission of tenders for the Wondakiah Wharf Repairs - Tender 3/2014

Report of Ashraf Doureihi, Senior Design and Investigations Engineer Tenders were called and were received until 4pm on 22 August 2013 for the submission of tenders for the Wondakiah Wharf Repairs. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project was included in the adopted 2013/14 budget. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 3/2014 -Wondakiah Wharf Repairs. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 3/2014 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

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21. EPS06: Draft North Sydney Public Domain Style Manual and Design Codes - Public Exhibition

Report of Jon Higlett, Engineering Infrastructure Manager Council, at its meeting of 23 July 2012 (Min. No. 431) resolved that: THAT Council endorse the process of creating a series of new design codes which collectively define the design polices and technical standards for the typical elements within the public domain of North Sydney. THAT Council endorse the preparation of a tender brief for a consultancy to prepare a new series of Design Codes for the Public Domain of North Sydney. On 8 April 2013, Council resolved to accept the tender from Oculus P/L to prepare the Design Codes. The final draft document has been received. It is now recommended that this document be placed on public exhibition for 28 days to receive comments from the community and/or other interested stakeholders. Recommending: 1. THAT the draft North Sydney Public Domain Style Manual and Design Codes, prepared by Oculus P/L, be placed on Public Exhibition for a period of 28 days. 2. THAT at the end of the 28 day period, in the absence of any significant objections to the information in the document, Council adopts the document and commences implementing the changes to public domain infrastructure and new materials as detailed within.

22. EPS07: Advertising in North Sydney CBD and Commercial Centres and on Council Infrastructure

Report of Jon Higlett, Engineering Infrastructure Manager Council, at its meeting of 27 May 2013 considered a Mayoral Minute (Min. No. 297) and resolved that: 1. THAT Council call for a report on advertising provisions and opportunities in the North Sydney CBD and other commercial areas. 2. THAT the report include a review of the policy and opportunities for advertising on Council infrastructure in the public Domain. The financial implications are of a significant nature for Council as the annual revenue income from advertising on Council’s infrastructure would contribute significantly to Council’s Capital Works and Operational programs - refer to Table 2 within this report. The potential revenue forgone through not exploring the opportunities identified in this report should be considered carefully by Council. Recommending: 1. THAT Council considers the opportunities outlined in this report that advertising on Council owned infrastructure presents in terms of additional revenue that supports Council’s own Capital Works and Operational programs which serve to benefit the residents and visitors of North Sydney.

2. THAT Council engage a suitable consultant to prepare documentation for a tender for advertising on free standing panels in the North Sydney CBD and other high-traffic areas, as described in this report.

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3. THAT Council agrees to the submission of a Development Application for advertising in the remaining two bus shelters that were identified in the March 2009 report to Council that is now permitted under the new LEP 2013. 4. THAT Council considers its position on re-submitting a Development Application for the provision of advertising on the pedestrian bridge over the Pacific Highway in North Sydney between Miller Street and Walker Street. 5. THAT Council agrees to the submission of a Development Application for a trial of a new proprietary advertising bus shelter in Miller Street, south of the Blue Street intersection and to install two similar shelters on the Pacific Highway, west of Walker Street under the Infrastructure SEPP in the style recommended in the new Public Domain Style Manual. 6. THAT prior to the lodgement of any Development Application and/or tender process, the specific locations and signage types under consideration for advertising on Council infrastructure are reviewed by Planning and Development Services Division. The final list of sites for consideration will be determined on the basis of zoning permissibility, urban design, heritage considerations and previous Council resolutions.

23. EPS08: 2 Anzac Ave, Cammeray (former ANZAC Club site)

Report of Duncan Mitchell, Director Engineering and Property Services Council at its meeting of 10 December 2012 (Min. No. 790) resolved: 1. THAT Council not sell the former Anzac Memorial Club site. 2. THAT Council explore long-term leasehold with the NSW Department of Education and Communities. The purpose of this report is to advise the Council of the formal response from the NSW Department of Education and Communities. In order for Councillors to discuss the content of the Commercial in Confidence memorandum it will be necessary to close the Council meeting to the public. Recommending: 1. THAT Council determines its position on this matter.

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Division of Open Space & Environmental Services 24. OSES01: Hazard Reduction - Proposed removal of four (4)

Port Jackson Figs, Fig Tree Lane, North Sydney

Report of Fred Ingarfield, Tree Management Officer After the recent failure of another mature Port Jackson Fig growing on Fig Tree Lane, an independent consulting arborist has provided a report that recommends that four (4) Port Jackson Figs be removed without further delay. The related financial implications include the removal and replacement of the four trees. Quotations received from three suitably qualified contractors for the removal of the trees. Active Trees offered the best proposal coming in at $28,270.00 Inc GST. To supply and plant four replacement Morton Bay Figs (200 litre pot size) will cost $1,980 Inc GST in total. The associated costs for the removal of existing trees and the replacement trees will be covered by the 2013/14 tree replacement budget. Recommending: 1. THAT Council removes four (4) Port Jackson Figs located on Fig Tree Lane without further delay. 2. THAT Council plant four (4) semi advanced Morton Bay Figs in replacement.

25. OSES02: Shade Options for Swimming Carnivals at North

Sydney Olympic Pool

Report of Norman Boyle, Manager North Sydney Olympic Pool This report outlines both permanent and temporary shade options that can be considered for use in conjunction with School Swimming Carnivals at North Sydney Olympic Pool. It responds to the Council resolution of 16 September 2013: THAT Council be provided with a report outlining the options for the provision of shade over some or all of the Grandstand overlooking the 50 metre pool for installation by January 2014, and that the report be an agenda item for the Council meeting on 14 October 2013. That work programs for 2013/14 have been developed and that any change may impact on the delivery of existing funded projects. Recommending: 1. THAT Council determines its position on the installation of shade structures at the North Sydney Olympic Pool.

26. OSES03: Professional Swimming Coaching Rights - North

Sydney Olympic Pool

Report of Norman Boyle, Manager North Sydney Olympic Pool

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The current tender for Professional Swimming Coaching Rights at the North Sydney Olympic Pool is due to expire on 31 December 2013. The rights are currently held by Mr Stephen Badger of the Badger Swim School. Council has received a request from Mr Badger for it to consider an extension of the Rights while it is deliberating the Proposed Upgrade to the North Sydney Olympic Pool - 50m Pool Complex Facilities, as resolved at its Meeting 1 July 2013. Licence Fee Remuneration (2013) will be adjusted to include a CPI increase and will be applicable for 2014 (01/01/2014 - 31/12/2014). Recommending: 1. THAT Council grant a one year extension to Mr Stephen Badger of the exclusive Professional Swimming Coaching Rights at the North Sydney Olympic Pool. 2. THAT the 2014 fee for the exclusive Professional Swimming Coaching Rights be the equivalent to that of 2013, with a CPI adjustment increase. 3. THAT a further report regarding the Professional Swimming Coaching Rights be provided to Council in 2014, subject to its decisions on the North Sydney Olympic Pool upgrade project.

27. OSES04: Anderson Park New Amenity Block - Tender 6/2014

Report of Alicja Batorowicz, Landscape Projects Coordinator Tenders were called and were received until 3pm, Tuesday 1 October 2013 for the submission of tenders to undertake Tender 6/2014 - Anderson Park New Amenity Block. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project was included in the adopted 2013/14 budget. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 6/2014 for Anderson Park New Amenity Block. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 6/2014 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

28. OSES05: Hayes Street Beach - Response to Notice of Motion

No. 51/12

Report of Alicja Batorowicz, Landscape Projects Coordinator Council at its meeting of 22 October 2012 considered a Notice of Motion (No. 51/12) by Councillor Burke, resolved (Min. No. 639): THAT Council request the following information: a) A costing for suitable dinghy facilities to be made available for local boat owners who currently store their dinghies on the beach; b) A costing for the relevant council department to maintain the beach on a suitably regular basis; and

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c) Assessment of suitability to provide a rubbish bin on the beach. THAT a survey be conducted of local residents and users of the beach regarding these matters and the safety issues posed by the dinghies be addressed. This report responds to the Notice of Motion. A survey was conducted between July and September 2013. Council received 91 responses. In response to the survey watercraft storage options are provided for Council’s consideration. If installed, the dinghy and kayak facilities will be an income producing project and the associated funding would be available from this internally restricted reserve. The expenditure associated with the installation of bins would be sourced from the Capital Works Reserve. All ongoing rubbish bin and beach maintenance expenditure would be sourced from the existing operating budget. Recommending: 1. THAT the report be received. 2. THAT should Council resolve to consider construction of low key dinghy and kayak storage solution at the Hayes Street Beach, in Year 2 of the Delivery Program 2013/14-2016/17, that a further report be prepared including draft concept plans that will require public consultation and analysis of fee market rental rates of similar facilities offered by other councils.

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PETITIONS

****

CORRESPONDENCE

29. C01: Sydney Coastal Councils Group

Submitting correspondence from Sydney Coastal Councils Group (25 September 2013) with Minutes and Actions of the Annual General Meeting, held on 21 September 2013 at Manly Council.

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MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

30. NoM01: Notice of Motion No. 36/13 by Councillor Morris -

16/09/13

Re: Annual Leave Accruals 1. THAT the General Manager prepare a report detailing: 1. Outstanding annual leave accruals in terms of days for all staff [including herself] with accrued annual leave in excess of 20 days as at 30 June 2013, by pay grade; 2. Average annual leave accrual and average employee years of service by Division as at 30 June 2013; 3. The dollar balance of total leave accruals and number of employees per Division as at 30 June 2013; and 4. How large annual leave accruals are currently being managed.

31. NoM02: Notice of Motion No. 37/13 by Councillor Robertson -

8/10/13

Re: In-house Meeting - Former ANZAC Club site (2 Anzac Ave)

1. THAT Council conduct an in-house meeting with the executive committees of Precinct Committees in order to test community support for and receive comment on various options for use of the former ANZAC Club site.

32. NoM03: Notice of Motion No. 38/13 by Councillor Morris -

9/10/13

Re: Sporting ground hire fees for Public Schools

1. THAT no sporting ground hire fees be charged to Public Schools located in the Council area. This is to apply whether they are using the grounds exclusively themselves or in conjunction with another school/other schools located outside the Council area. 2. THAT where sportsgrounds are closed due to “change of seasons” the grounds still be made available to Public Schools during published Public School terms. Closures for weather reasons would still be applicable.

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Background 1. Local Public Schools are finding it difficult to cope with increasing hire fees for sporting facilities. It is understood that one council has increased some fees by 400% in 2 years. Some councils on the other hand provide an exemption from fees for local Public Schools. The ultimate solution will be to attempt to arrive at a rational fee structure across local councils through NSROC. In the interim the above is proposed to provide urgently needed relief to local schools so that school sport is not adversely affected. 2. Currently our sports grounds tend to close in about week 7 or 8 of a term due to “change of seasons” to the detriment of school sport. As schools are not generally heavy users in terms of wear and tear on the grounds the motion suggests making an exception for the schools’ limited use. Alternatively, if it is thought desirable, our “change of season” dates could be aligned with the public school terms. General Manager’s Note: The Council needs to be aware of the following related resolutions of the Council meeting of 5 August 2013 (Min. No. 511):

1.THAT a report be submitted to Council in relation to all options for the closure of grounds for organised sport and what opportunities there are to extend playable hours on sporting grounds. 2. THAT the Open Space and Environmental Services Division work with the Financial Services Department to develop a cost benefit analysis on maximising the use of sporting grounds. 3. THAT OSES investigate other neighbouring councils’ use of sporting grounds in terms of rotating use and the challenges they face as well as sharing of access to sporting grounds between neighbouring councils. 4. THAT this resolution be referred to the Sport and Recreation Reference Group.

33. NoM04: Notice of Motion No. 39/13 by Councillors Baker and

Beregi - 9/10/13

RE: Indoor Sports Centre - St Leonards Park 1. THAT Council undertake a feasibility study for an Indoor Sports Centre complex in St Leonards Park. 2. THAT the feasibility study examine the Concept Plans prepared by North Sydney resident and architect, Mr Michael Morgan, and provide a report to Council on the feasibility of the project including various options and detailed financial modelling of the project. 3. THAT the feasibility study be completed and reported to Council by no later than the first Council meeting held in March 2014. 4. THAT Council establish a Project Group to oversee the project and liaise with the key stakeholders including local schools, sporting groups, precincts and the State Government.

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5. THAT the Project Group consist of: The General Manager; and The Chairs of Council’s Sport and Recreation Reference Group and Educational Institutions Working Group. 6. THAT the first meeting of the Project Group be held at 6pm on 22 October 2013. 7. THAT Council notes that the Project Group is not a decision-making body and will report back to Council. Background

On 16 September, 2013 Mr Michael Morgan presented a concept for an Indoor Sports Centre to the Educational Institutions Working Group. The Concept was very positively received and then reported to a Councillor briefing on 23 September 2013 and Council’s Sports and Recreation Reference Group meeting held on 8 October 2013. The concept proposes an indoor sports centre with associated parking on the eastern portion of St Leonards Park immediately adjacent to the Warringah Expressway, a portion of the park that is under-utilised due to the steep topography.

In 2005 Council’s Recreation Needs Study concluded that North Sydney’s existing parks and reserves did not meet the needs of the existing population and did not have the capacity to absorb the demands and needs of new and planned future population. In February 2009 Council’s Open Space Provision Strategy stated:

“there is a lack of open space in some areas, particularly in St Leonards, Crows Nest and along Military Road. This, together with insufficient sporting facilities, a lack of linkages and connections and the small size of many parks, mean that additional open space is required to meet the current and future recreational needs of the community”.

The concept prepared by Mr Morgan identifies an extremely exciting opportunity to deliver much needed recreational facilities and expand useable public open space that Council should lose no time in exploring and pursuing.

34. NoM05: Notice of Motion No. 40/13 by Councillors Baker and Beregi - 9/10/13

Re: Memorandum of Understanding with Australian Catholic University

1. THAT Council establish a Memorandum of Understanding with the Australian Catholic University (ACU) to recognise and establish a collaborative relationship with the aim of developing and exploring opportunities for community, cultural, sporting, recreational and educational projects in the North Sydney Local Government area.

Background

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Over the last decade, the ACU has expanded its North Sydney campus significantly including the purchase of the former NCR Building in Napier Street. Council has undertaken an Educational Precinct Planning Study and is in the process of implementing one of its recommendations, a Living Campus, which includes the ACU campus It is time that Council recognised the contribution of the University to North Sydney’s intellectual and cultural life and to the local economy. In addition, the ACU has recognised the importance of contributing positively to the community in which it is located.

35. NoM06: Notice of Motion No. 41/13 by Councillor Beregi -

9/10/13

Re: Proposed Recreational Needs Study 1. THAT Council resolve to refer the proposed Recreational Needs Study as discussed at the recent Sport and Recreation Reference Group meeting to the Councillor Workshop - Finance for discussion, consideration and review. Background The 2005 Recreational Needs Study is now 13 years old and in need of updating and review. It is clear that the recreational needs of the North Sydney LGA are not being met and demands on both active and passive facilities are increasing. In undertaking the survey, consideration of costs, process, methodology and timeframe need to be assessed and analysed. Given the estimated cost of this study, referral to the Councillor Workshop - Finance is appropriate. General Manager’s Note: Review of Council’s Recreational Needs Study has been scheduled in the Delivery Program 2013/14-2016/17. Activity 4.7.1.1.2 (Prepare brief for review of Recreational Needs Study) is scheduled to commence in the 4th quarter of 2013/14.

36. NoM07: Notice of Motion No. 42/13 by Councillor Morris - 9/10/13

Re: Allocation of Resources - report to Councillor Workshop - Finance 1. THAT a report be prepared and submitted for consideration at the next meeting of the Councillor Workshop - Finance setting out the resources available for admin and support across Council. This should include identified needs for support and support staff allocated to all areas, including the number of ‘front line’ staff supported by each member of support staff.

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37. NoM08: Notice of Motion No. 43/13 by Councillor Barbour - 9/10/13

Re: Acting General Manager THAT an Acting General Manager be appointed to take on the role after the General Manager’s departure. The prospective appointee should be in attendance at any strategy meetings and negotiations Council is presently undertaking with our current General Manager so that over the coming 2 months and Christmas period we have a knowledge history of the progress of The Anzac Club negotiations and any other matters that will need to be attended to during the period we are waiting to recruit a new General Manager for North Sydney Council.

38. NoM09: Notice of Motion No. 44/13 by Councillor Barbour - 9/10/13

Re: Briefing on Anzac Club THAT, in light of recent events, Council has an urgent 10 min briefing after the next scheduled Council meeting to be updated on the status of negotiations for the Anzac Club site, if any new financial offers or other advances in the negotiations have occurred?

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QUESTIONS WITH NOTICE 39. QN01: By Councillor Morris - 11/09/13 (Question with

Notice 16/09/13)

Re: North Sydney Chamber of Commerce

Does Council provide financial or other assistance to the North Sydney Chamber of Commerce? If the answer to this is yes, could we have a report specifying the support provided over the past 12 months, specifying monetary, and support in kind including staff costs.

Manager Corporate Planning and Governance response: In June 2007 the five (5) Chambers of Commerce operating in the North Sydney

local government area - Cammeray, Cremorne, Crows Nest, Neutral Bay and North Sydney - collectively approached North Sydney Council requesting support for a Joint Chamber Committee (later known as the North Sydney Chamber Group).

They requested the following support:

a) Hold annual Business After Hours function; b) Designated contact person at Council; c) Inclusion of Chamber contact details in North Sydney News and on

Council’s website; d) Input into the development the Joint Chamber Committee’s

Communication Strategy.

In response to this request, Council provides the following support to the five local (5) Chambers of Commerce and the Joint Chamber Committee:

a) Agreed to host a Business After Hours (BAH) function annually. The

2013 BAH function was held on 3 September and was attended by 65 people, including 4 Councillors and 5 Council staff. Staff involvement in this annual event (including planning, set up and at the event) is approximately 14 hours at the value of approximately $1,000 plus catering costs. This is a public relations/networking activity for Council. The Joint Chamber Committee may receive income from registration fees from non-Chamber member attendees at this event.

b) Council’s designated contact person is the Community Engagement Coordinator. The Community Engagement Coordinator is responsible for coordinating and distributing correspondence (as required) to the local Chambers of Commerce and for preparing the monthly Business eNews, which is distributed to all Chambers as well as business subscribers. The Business eNews currently has 389 subscribers.

c) Chamber contact details are promoted via Council’s website. They are also periodically promoted through North Sydney News issues.

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d) Contributed to the Joint Chamber Committee’s Communication Strategy. e) Invites the Chambers to contribute suggested LGNSW Conference

motions for consideration by Council. Informs the Chambers of the outcomes of Council’s motions post the Conference.

f) Invites the Chambers to contribute suggested Community poll questions prior to each local government election.

Council also provides the following support to the Joint Chamber Committee on an annual basis since 2008:

a) Provision of meeting rooms (Geddes Room, Ros Crichton Pavilion or

Library Conference Room) for Chamber meetings and or annual business planning session.

b) Occasional provision of meeting rooms (Geddes Room, Ros Crichton Pavilion or Library Conference Room) for Chamber provided training events.

c) A cash donation of $1,500 to be used towards its operations - Funding is given upon receipt of a Memorandum of Understanding; similar to how operational funding donations are distributed to Precinct Committees. Funding is administered by North Sydney Chamber of Commerce on behalf of the Joint Chamber Committee because they do not have their own bank account. In the past this funding has contributed towards the development of the Harbour Chamber Group website.

Since 2011, Council has partnered with the North Sydney Chamber of Commerce as well as the Better Business Partnership (BBP) and the Success Women’s Network (which has a Northern Sydney chapter) to co-deliver a services of Business Network events (formally called Business Forums). The final Business Network event for 2013 will be held on 26 November 2013; thereafter the annual evaluation report will be presented to Council.

Additionally, Council provided the following support to the North Sydney Chamber of Commerce for their Street Fair held on 6 April 2013:

a) Attended two planning meetings prior to event. b) Promotion via Council’s website. c) Five (5) Council staff manned an information stall at the event (on

rotation basis). d) Facebooked three (3) photos after the event. e) Discussed potential options for future markets. f) Discussed concept of developing a marketing strategy and positioning for

the Chamber.

This support is consistent with the level of support provided to the Crows Nest Mainstreet for their annual Festival (street fair). The next Crows Nest Festival is on 20 October 2013.

40. Q02: By Councillor Morris - 26/09/13

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Re: Crows Nest Mainstreet

Does Council provide financial or other assistance to Crows Nest Mainstreet? If the answer to this is yes, could we have a report specifying the support provided over the past 12 months, specifying monetary and support in kind, including staff costs.

41. Q03: By Councillor Carr - 8/10/13

Re: Cessation of the Provision of Meals to Councillors

As Council now ceases to provide a prepared meal to Councillors at the conclusion of Council Meetings, can the General Manager please advise if cost savings are being recorded and as such where these monies now reside. In addition can the General Manager please confirm if the previously advised amount of $30 per head per week is correct.

On receipt of the above information I intend to re-submit a previous Notice of Motion (No. 49/12, 8/10/12, Min. No. 607) to ensure Council is able to provide by way of donation the equivalent amount for the Community Grants Program to provide assistance to members of the North Sydney Community who are in need.

42. Q04: By Councillor Carr - 8/10/13

Re: Findings of the Clinical Psychologist

Following the recent interview by Leading First - Mr. Norm Turkington whereby he was engaged to assess and assist in Councillors interpersonal interactions, can the General Manager please provide an update as to next steps whereby Mr Turkington is to:

a) Collate collective responses, depersonalise them to ensure confidentiality and prepare feedback covering the main themes from those discussions

b) Arrange for Councillors to meet as a group to discuss the feedback and agree necessary actions to implement over the coming months

43. Q05: By Councillor Carr - 8/10/13

Re: Code of Conduct Complaints

Can the General Manager please provide how many Code of Conduct complaints have been made in the first year of current Council. Can the advice please include:

a) How many complaints from the public against Councillors

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COUNCIL - 14/10/13 Questions (32)

b) How many Councillor to Councillor to complaints have been lodged

c) How many complaints have been initiated by individual Councillors (by number, not name, 1-13)

d) How many complaints have been lodged against individual Councillors (by number, not name, 1-13)

e) How many complaints have been resolved in-house

f) How many have been referred for outside determination

g) Cost of referral

h) Further action required (if any)

QUESTIONS WITHOUT NOTICE

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