Council Chambers

16 April 2015

The 3662nd

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

7.00pm on Monday, 20 April 2015. The agenda is as follows.

ROSS MCCREANOR

ACTING GENERAL

MANAGER

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

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

with the only exception being made for certain confidential documents

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

and staff matters.

APOLOGIES/LEAVE OF ABSENCE

ACKNOWLEDGEMENT OF COUNTRY

MATTERS BROUGHT FORWARD

CONFIRMATION OF MINUTES of the previous Meeting

DECLARATIONS OF INTEREST

MATTERS REFERRED TO COUNCILLOR INSPECTIONS

MINUTES OF THE MAYOR

RESCISSION MOTIONS of which due notice has been given

REPORTS from Officers of the Council

CORRESPONDENCE to be read, and if necessary ordered upon

MOTIONS of which due notice has been given

QUESTIONS of which due notice has been given

QUESTIONS without notice.

COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

VISITOR

Cr J e ffMORRIS

WOLLSTONECRAFT WARD

Cr S a ra hBURKE

CREMORNE WARD

DIRECTORCommunity &

Library ServicesMr Martin Ellis

DIRECTOREngineering &

Property ServicesMr Duncan Mitchell

DIRECTOROpen Space &

Environmental Services

Mr Robert Emerson

DIRECTORCity Strategy

Mr Joseph Hill

MANAGER CHIEF OPERATING

OFFICERMr Adrian Panuccio

Cr VéroniqueMARCHANDEAU

TUNKS WARD

Cr Vi rg i n i aBEVAN

VICTORIA WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

PUBLIC GALLERY

DIRECTORCorporate ServicesMr Ross McCreanor

GENERAL MANAGERMr Warwick Winn

Cr M e l i s s aCLARE

WOLLSTONECRAFT WARD

Cr Ste p h e nBARBOUR

CREMORNE WARD

Cr Zo ëBAKER

WOLLSTONECRAFT WARD

Cr M a r y A n nBEREGI

TUNKS WARD

Cr TonyC ARR

VICTORIA WARD

Cr MichelRE YMOND

VICTORIA WARD

COUNCIL MEETINGS

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resolution of Council

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

COUNCIL MEETINGS

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TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Burke, Barbour,

Morris, Clare, Baker, Marchandeau, Beregi.

SUBJECT: 3662nd

MEETING OF COUNCIL TO BE HELD ON MONDAY, 20 APRIL

2015

THAT THE MINUTES of the previous 3661st Council Meeting held on

Monday, 16 March 2015 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

COUNCIL – 20/04/15 NoR (2)

RESCISSION MOTIONS OF WHICH

DUE NOTICE HAS BEEN GIVEN

1. (1) Notice of Rescission No 3/15 By Councillors Gibson,

Marchandeau, Bevan

THAT the decision of Council at its meeting of 16 March 2015 regarding CiS07 -

Post Exhibition Brett Whiteley Place –Concept Plan, where it resolved:

1. THAT Council seek an amended concept plan that includes options for the

retention of the Robert Woodward sculptures and the GPO column and adopts the

remainder of the recommendations in the report.

2. THAT a Councillor Workshop be held to discuss costings,

exclusions/inclusions and the heritage of all sculptures in Brett Whiteley Place.

be rescinded

If successful, we intend to move:

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

2. THAT Council adopt the recommendations made throughout this report and

Attachment 1 for incorporation into the detailed design process.

3. THAT Council select an appropriate site (for the doughnut water features) that

does not require interim storage.

4. THAT the chosen site pay great respect to Robert Woodward‟s original

intention.

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

relocation of the heritage GPO column and the three doughnut fountain feature.

(2) Notice of Rescission No 4/15 By Councillors Baker, Beregi and

Reymond

THAT the decision of Council at its meeting of 16 March 2015 regarding CiS07 -

Post Exhibition Brett Whiteley Place –Concept Plan, where it resolved:

1. THAT Council seek an amended concept plan that includes options for the

retention of the Robert Woodward sculptures and the GPO column and adopts the

remainder of the recommendations in the report.

2. THAT a Councillor Workshop be held to discuss costings,

exclusions/inclusions and the heritage of all sculptures in Brett Whiteley Place.

be rescinded

If successful, we intend to move:

COUNCIL – 20/04/15 NoR (3)

1. THAT Council proceed with the detailed design process and lodgement of a

Development Application for the public domain works in Brett Whiteley Place.

2. THAT prior to lodgement of the Development Application a Councillor

Briefing be held on the final design.

3. THAT the Development Application be publicly notified for a minimum

period of 28 days.

4. THAT the existing Robert Woodward water feature commissioned for the

space be retained and that the setting of the Robert Woodward “doughnut” water

feature be embellished within the exhibited concept plan.

5. THAT Council defer consideration of the heritage listed GPO obelisk and the

Brett Whiteley “Totem” sculpture to the current Public Art Trail project.

6. THAT Council seek to negotiate the potential inclusion of a Brett Whiteley

work within Brett Whiteley Place under the Public Art Trail project.

2. Notice of Rescission No 5/15 By Councillors Gibson,

Marchandeau, Burke

THAT the decision of Council at its meeting of 16 March 2015 regarding EPS02

- North Sydney Olympic Pool Redevelopment Options, where it resolved:

1. THAT Council resolves to place option 5 Public Exhibition for the

redevelopment of the North Sydney Olympic Pool for the purposes of seeking

Community feedback and further refinement of a “Preferred Option”.

2. THAT the community and key stakeholders who have already been consulted

on the development of the options and responded to the online survey or made

submissions directly to Council are contacted about the Public Exhibition of the

Option or Options that have been developed and are invited to make further

comments and submissions.

3. THAT the Option 5 be placed on an extended public exhibition for 60 days

4. THAT at the end of the Public Exhibition period a report is brought to Council

on the feedback that has been received.

5. THAT during exhibition period Council consultants refine Option 5 to ensure

that the proposal maximises the available space to meet the increasing demands

of the pool with the various aquatic activities conducted, such as extending the

25m pool to 33m with a moveable boom and/or making the pool wider.

6. THAT Council advise Diving NSW and Diving Australia of public exhibition.

If successful we intend to move:

1. THAT Council defers placing on public exhibition an option(s) for the

redevelopment of the NSOP.

2. THAT A Councillor Briefing be scheduled as soon as practicable to further

discuss the outcomes of the community engagement process and that the briefing

is possibly held the NSOP.

3. THAT the briefing be scheduled with Councillors and Finance staff to discuss

setting a budget for the pool redevelopment.

COUNCIL – 20/04/15 NoR (4)

4. THAT Council staff engage in discussions with Diving NSW and Diving

Australia to ascertain if there is any need for additional Olympic standard diving

facilities in Sydney.

3. Notice of Rescission No 6/15 By Councillors Morris, Beregi and

Clare

THAT the decision of Council at its meeting of 16 March 2015 regarding

GMO03 - Leave of Absence - Councillor Sarah Burke, where it resolved:

1. THAT Councillor Sarah Burke be granted leave of absence for all meetings for

the period 20 March to 25 May 2015, inclusive.

If successful we intend to move that:

1. THAT Council write to Cr Burke asking her to confirm that she is now

residing in the UK and asking her whether she intends to resign from Council.

COUNCIL – 20/04/15 GMO (5)

REPORTS

General Manager’s Office

1. GMO01: Matters Outstanding

Report of Ross McCreanor, Acting General Manager

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

the meeting of 16 March 2015 is presented.

Recommending:

1. THAT the report be received.

2. GMO02: Workers Compensation Insurance - Tender 38/2015

Report of Jon Paul Agnew, Risk Manager

Tenders were called and were received until 4pm, 10 March 2015 for the

submission of tenders to provide workers compensation insurance.

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.

The related financial implications have been separately provided to Councillors.

Recommending:

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

38/2015 for workers compensation insurance.

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

38/2015 under the signature of the Mayor and the General Manager.

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

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

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

Government Contracts With Private Sector.

3. GMO03: Performance Improvement Order - Items 5 & 6

Report of Matthew Pearce, Solicitor

The Council considered the Performance Improvement Order (PIO) dated 9

December 2014 at its meeting on 16 March 2015 where it resolved, in part

(Min.No.63):

15. THAT Council seek a second opinion on the advice in relation to Items 5 and

6 of the Performance Improvement Order.

17. THAT the legal advice sought on Items 5 and 6 of the Performance

Improvement Order be obtained from an eminent Senior Counsel'.

Recommending:

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

10A(2)(a) and 10A(2)(g) of the Local Government Act 1993 to consider legal

advice in response to the Council resolution of 16 March 2015.

COUNCIL – 20/04/15 CiS (6)

City Strategy Division

4. CiS01: Planning Proposal - Elevation of Heritage Controls

Ben Boyd, Executive Strategic Planner

In response to Council‟s consideration of Notice of Motion 29/13, Council

resolved on 16 March 2015 to prepare a Planning Proposal to amend NSLEP

2013, such that the heritage provisions prevail over all other provisions of the

LEP. This is similar to clause 43 incorporated within the now repealed NSLEP

2001.

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

incorporating a new clause within Part 6 of the LEP which would enable the

heritage provisions of NSLEP 2013 prevail over all other provisions.

The Planning Proposal:

generally complies with the relevant Local Environment Plan making

provisions under the Environmental Planning & Assessment Act 1979;

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

preparing planning proposals‟ (October 2012); and

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

community.

However, the Planning Proposal may be considered to be inconsistent with the

Standard Instrument LEP, due to its ability to potentially undermine the mandated

clauses of the Standard Instrument LEP. Despite the potential inconsistency with

the Standard Instrument LEP, the Planning Proposal is considered to be

satisfactory and can be forwarded to the Department of Planning and Environment

for Gateway Determination.

Due to the local nature of the Planning Proposal, it is recommended that Council

seek Authorisation to exercise the delegation of Minister for Planning to make the

Plan that implements the intent of the Planning Proposal.

The Planning Proposal is however unable to achieve the full intent of the former

provision under NSLEP 2001, due to the relocation of heritage provisions relating

to contributory, neutral and uncharacteristic items to NSDCP 2013.

Recommending:

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

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

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

1979.

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

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

5. CiS02: Planning Proposal, 200-220 Pacific Highway, Crows

Nest - Post Exhibition Report

Ben Boyd, Executive Strategic Planner

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

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

COUNCIL – 20/04/15 CiS (7)

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

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

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

29 January 2015, the Minister for Planning issued a Gateway Determination (refer

to Attachment 3) enabling the Planning Proposal to proceed to public exhibition.

In accordance with the Gateway Determination, the Planning Proposal was placed

on public exhibition for a period of 14 days from Thursday 19 February 2015 to

Wednesday 4 March 2015. No submissions were received during the exhibition

period.

It is recommended that Council resolves to forward the Planning Proposal

unamended to Parliamentary Counsel with a request that the Planning Proposal be

made.

Recommending:

1. THAT having completed the community consultation requirements outlined in

the Gateway Determination, Council forward the unamended Planning Proposal

to Parliamentary Counsel with a request that a Local Environmental Plan be made

in accordance with section 59 of the Environmental Planning and Assessment Act

1979, to give effect to the Planning Proposal.

2. THAT Council adopt the Crows Nest South Planning Study which

comprises Attachment 2 to Council‟s Delegated Report of 2 December 2014

(forming Attachment 2 to this report).

6. CiS03: Post-exhibition Report - Planning Proposal and draft

Voluntary Planning Agreement - 521 Pacific Highway, Crows

Nest

Alex Williams, Team Leader – Policy

On 15 December 2014 Council resolved to forward a Planning Proposal to the

Minister for Planning in order to receive a Gateway Determination. Council also

resolved to exhibit an associated draft Voluntary Planning Agreement (VPA)

concurrently with the Planning Proposal subject to it receiving a Gateway

Determination. In particular, the Planning Proposal seeks the following

amendments to North Sydney Local Environmental Plan 2013:

• An increase to the maximum height control from 20 metres to 40 metres;

• The introduction of a maximum floor space ratio (FSR) control of 5.3:1.

The draft VPA contains provision for:

• A monetary contribution of $1,600,000 to be paid to Council for the

purposes of providing new open space within the precinct;

• A 6 metre setback from the Oxley Street frontage to allow for a widened

footpath and outdoor seating;

• A 3 metre setback from the Pacific Highway frontage to allow for a

widened footpath;

• A restriction on building height below the current permitted height on the

southern portion of the site to ensure an appropriate podium and tower

building typology is achieved that allows for a number of existing

residential units on the eastern side of Clarke Lane to retain a westerly

aspect.

COUNCIL – 20/04/15 CiS (8)

The Planning Proposal and draft VPA were assessed against the St

Leonards/Crows Nest Planning Study - Precinct 1 and considered to implement

the Built Form Masterplan and Open Space and Pedestrian Masterplan for

Precinct 1 to the fullest extent practicable. Documentation regarding likely

impacts was considered appropriate for the purposes of public exhibition.

On 23 January 2015 a Gateway Determination was issued by a delegate of the

Minister for Planning and Infrastructure allowing the Planning Proposal to be

placed on public exhibition. The Gateway Determination also granted delegated

authorisation to Council to directly request Parliamentary Counsel's Office to

make the plan. The Planning Proposal and draft VPA were publically exhibited

for 28 days from Thursday 12 February to Thursday 12 March 2015.

A total of one (1) submission was received during the exhibition period. The

submission was from NSW Roads and Maritime Services (RMS) and raises no

objection to the subject proposal.

Should the draft VPA be executed, it will result in the payment of $1,600,000 to

Council to enable the provision of additional public open space in accordance

with the St Leonards / Crows Nest Planning Study – Precinct 1.

Recommending:

1. THAT the General Manager be given delegation to execute the draft Voluntary

Planning Agreement as amended forming Attachment 3 to this report.

2. THAT upon execution of the draft Voluntary Planning Agreement as amended

forming Attachment 3 to this report and receipt of a bank guarantee for the

proposed monetary contribution towards new open space, having completed the

community consultation requirements outlined in the Gateway Determination,

Council forward the Planning Proposal unamended forming Attachment 1 to this

report to Parliamentary Counsel with a request that a Local Environmental Plan

be made in accordance with section 59 of the Environmental Planning and

Assessment Act 1979, so as to give effect to the Planning Proposal.

7. CiS04: Planning Proposal - 167- 169 Blues Point Road,

McMahons Point

Scott Williamson, Strategic Planner - Policy

On 7 January 2015, Council received a Planning Proposal for two (2) lots known

as 167 & 169 Blues Point Road, McMahons Point. The Planning Proposal seeks

to amend North Sydney Local Environmental Plan 2013 (NSLEP 2013) to

incorporate a site specific clause into Schedule 1 – Additional permitted uses, to

permit „business premises‟ and „office premises‟ with development consent on the

subject sites.

Each site contains a two (2) storey single dwelling, in the form of an attached

Victorian terrace house. The sites are zoned R3 – Medium Density Residential

and both buildings are listed heritage items. The proposed uses are presently

prohibited development within the Medium Density Residential zone.

Both sites have a history of accommodating small scale commercial and office

uses dating back to the 1960s, albeit without development consent. To date,

neither site has made a justified claim to existing use rights.

The owners have collectively submitted the Planning Proposal to allow future use

of the buildings for office and business premises uses, with consent. Surrounding

COUNCIL – 20/04/15 CiS (9)

sites generally support similar or more intensive commercial operations to that

proposed.

In effect the proposal is anticipated to facilitate small-scale business and office

premises, including but not limited to travel agencies, hairdressers, printing and

graphic design studios or similar clerical, technical or professional activities. All

such uses would be subject to further development consent, should the Planning

Proposal be supported.

The proposal will not prevent a future reinstatement of residential uses, given the

R3 – Medium Density Residential zoning is proposed to be maintained.

In consideration of site attributes, the mixed residential and commercial nature of

the surrounding area and the absence of immediate impacts upon the subject and

surrounding premises, it is considered the sites are well placed to support low

intensity business or office premises uses.

The sites are subject to a number of unique attributes that are considered to allow

the Planning Proposal will not introduce a precedent to other sites in the

municipality.

The Planning Proposal is supported by this assessment. It is recommended the

application be forwarded to the Department of Planning and Environment,

seeking Gateway Determination.

Recommending:

1. THAT Council resolve to support the Planning Proposal forming Attachment 1

to this report, progressing to Gateway Determination with the Department of

Planning and Environment, pursuant to Section 56 of the Environmental Planning

and Assessment Act, 1979.

8. CiS05: Planning Proposal 75-89 Chandos St, 58-62 Atchison

St and 23-35 Atchison St, St Leonards – Auswin TWT

Development

Ben Boyd, Executive Strategic Planner

On 21 August 2014, Council received a Planning Proposal to amend North

Sydney Local Environmental Plan 2103 (NSLEP 2013) as it relates to land

located at 75-89 Chandos St, 58-62 Atchison St and 23-35 Atchison St, St

Leonards. In particular, the Planning Proposal seeks to:

rezone:

o 87 and 89 Chandos Street, 33-35, 60 and 62 Atchison Street from

B4 Mixed Use to RE1 Public Recreation (approximately 2,100sqm);

o parts of the road reserve within Atchison Street and Atchison Lane

located directly adjacent to the subject site from B4 Mixed Use to RE1

Public Recreation (approximately 785sqm);

increase the maximum building height:

o to 75, 79-81 and 83-85 Chandos Street from 20m to 172m (an 8.6

fold increase);

o to 23, 25, 27 and 31 Atchison Street from 20m to 117m (a 5.9 fold

increase); and

impose a maximum floor space ratio of 8.5:1 across the entire site

(representing approximately a 2.8 fold increase).

COUNCIL – 20/04/15 CiS (10)

The Planning Proposal has been lodged by Auswin TWT Development Pty Ltd,

who is the owner of the subject lands.

Prior to reporting the matter to Council, the applicant was requested to withdraw

their application on 2 September 2014 due to, amongst other concerns, the

Planning Proposal not being informed by a locality based planning study. The St

Leonards/Crows Nest Planning Study for Precincts 2 & 3, being relevant to the

properties in question, was in development at the time.

On 8 October 2014, the applicant requested that Council continue its assessment

of the application. Having completed a preliminary assessment of the Planning

Proposal, Council again requested on 14 November 2014 that the applicant

withdraw their application based on a number of deficiencies or alternatively to

submit a revised Planning Proposal addressing the identified deficiencies.

On 15 January 2015, Council was informed by the Department of Planning and

Environment (DPE) that it had received a request from the applicant to commence

a Pre-Gateway Review. The request was made by the applicant because Council

had not made a decision to support the Planning Proposal within 90 days of

Council receiving it. The DPE has yet to make a determination with regard to the

first stage of the Pre-Gateway Review.

A detailed assessment of the Planning Proposal has now been completed and this

report has been prepared to enable Council to formally determine its position. It

is recommended that the Planning Proposal not be supported to proceed to

Gateway Determination for the following reasons:

insufficient information has been provided to enable a considered

assessment;

the subject sites are not informed by an adopted strategic direction set by

Council;

it is inconsistent with many of the desired outcomes and controls proposed

under the Draft St Leonards/Crows Nest Planning Study for Precincts 2 & 3;

the built form outcomes of the concept proposal are out of context with

the current and proposed future character of the area;

it will result in a reduction of commercial floor space over the site which

is inconsistent with Direction 1.1 – Business and Industrial Zones to the s.117

Directions under the Environmental Planning and Assessment Act, 1979.

it is not supported by the Commonwealth Department of Infrastructure

and Regional Development which is inconsistent with Direction 3.5 –

Development near licensed aerodromes to the s.117 Directions under the

Environmental Planning and Assessment Act, 1979;

it is contrary to meeting a number of objectives and actions under the

relevant regional and subregional strategies applying to the land. In particular, the

proposal does not:

o protect nor promote lands for commercial development within an

important existing Strategic Centre on the Global Economic Corridor nor

allow for future growth,

sufficient residential capacity is already provided under NSLEP 2013 to

meet State housing targets, without the need to change the land use mix on the

subject site;

if implemented, it will not enable the concept proposal that accompanies

the Planning Proposal to be realised.

COUNCIL – 20/04/15 CiS (11)

the concept proposal and proposed amendments to NSLEP 2013

contradict the objectives and intended outcomes of the Planning Proposal;

it will result in the isolation of two properties that would be incapable of

being developed to their maximum potential under current controls and potential

future controls as outlined under the Draft St Leonards/Crows Nest Planning

Study for Precincts 2 & 3; and

the absence of a Voluntary Planning Agreement which adequately sets out

the extent of works to be provided and associated detailed costs of those works.

As such, the Planning Proposal is considered to be unsatisfactory and should not

be forwarded to the DPE for Gateway Determination.

Recommending:

1. THAT Council advise the Department of Planning and Environment that it

does not support the Planning Proposal proceeding to Gateway Determination and

it be provided with a copy of this report and its determination in support of

Council‟s position.

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 the applicant be invited to submit a new Planning Proposal that is in

accordance with the St Leonards Crows Nest Planning Study for Precincts 2 & 3

once adopted by Council in its final form.

9. CiS06: Subregional Planning Process – SHOROC and NSROC

Proposed Model

Emma Booth, Acting Manager Strategic Planning

At the “Meeting of Mayors and GMs of Councils of Northern Sydney” of 12

February 2015, it was resolved:

“to develop a proposed model for the North subregion’s subregional planning

process and governance framework including the planned Local Government

Advisory Committee, staff working groups, and representation on the Greater

Sydney Commission and the interim Ministerial Advisory Council.”

A response to this resolution was tabled at the Meeting of Mayors and GMs of

Councils of Northern Sydney on 19 March 2015 (attached). That meeting

resolved to endorse the model - Option 1: Political representation with

technical/officer working groups, subject to it being revised to identify that “the

Mayor (or the Mayor‟s delegate)” is the Council representative on the North

Subregion Local Advisory Committee.

This model now forms the basis of a joint SHOROC/NSROC submission to the

NSW Government, responding to their questions seeking feedback on the Greater

Sydney Commission (GSC) and Local Government Advisory Committee (LAC)

governance framework.

In response to the listing of this agenda item on the joint meeting of Mayors and

General Managers of NSROC and SHOROC on 19 March, Council at its meeting

on 16 March 2015, resolved (amongst other things):

“THAT Council obtain a report on the benefits and disbenefits to North Sydney in

the proposed joint sub regional planning process proposed by NSROC and

SHOROC for the North Sydney community.”

COUNCIL – 20/04/15 CiS (12)

Given that the broad context and framework has already been decided by the

NSW Government, preparing this model is an attempt to influence the detail in

order to gain as much local benefit as possible rather than waiting for the working

details of this governance framework to be decided by others. It is not clear if the

process leading to the establishment of the GSC/LAC framework has included a

robust consideration and assessment of all options.

Recommending:

1. THAT the report be received.

COUNCIL – 20/04/15 CLS (13)

Community & Library Services Division

****

COUNCIL – 20/04/15 CoS (14)

Corporate Services Division

10. CoS01: Councillor Workshop - Finance: Actions Rising - 31

March 2015

Report of Garry Ross, Financial Services Manager

This report presents the actions arising from the Workshop held on 31 March

2015. Actions arising will addressed at the next Workshop.

Recommending:

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

Finance held on 31 March 2015 be noted.

11. CoS02: Audit and Risk Committee Minutes - 27 March 2015

Report of John Ferrow, Acting Director Corporate Service

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

Risk Committee held on Friday 27 March 2015. The minutes are attached for

information.

Recommending:

1. THAT the minutes of the Audit and Risk Committee held 27 March 2015 be

received.

12. CoS03: Governance Committee - Minutes 13 April 2015

Report of Ian Curry, Manager Governance and Committee Services

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

Committee held on 13 April 2015, for Council adoption. The minutes are attached

for information.

Recommending:

1. THAT Council determine not to amend the Code of Meeting Principles and

Practices as to do so would not be in accordance with relevant provisions of the

Local Government (General) Regulation 2005.

2. THAT Council determines whether it wants to submit any Motions to the 2015

National General Assembly of Local Government, under the theme of 'Closest to

the Community: Local Government in the Federation'.

3. THAT should Council submit any Motions, a further report be prepared on the

Resolutions made by the National General Assembly.

4. THAT the Complaints and Compliments Report 1 July-31 December 2014 be

received.

5. THAT a copy of this report be provided to the Minister and Office of Local

Government as part of the feedback on the Performance Improvement Order.

6. THAT the staff be complimented on the positive results of this report.

COUNCIL – 20/04/15 CoS (15)

13. CoS04: Investments Held as at 31 March 2015

Report of Garry Ross, Manager Financial Services (Responsible Accounting

Officer)

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

for the month of March 2015.

The portfolio provided an annualised return of 4.43% for the year to date as at 31

March 2015, 1.71% above the reportable benchmark (BBSW Bank Bill Index)

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

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

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

institutions which make up the investment portfolio.

Interest returns for this financial year reflect estimated available funds and

predicted expenditure of Council‟s reserves.

The 2014/15 budget estimates for returns from Council‟s investment portfolio

have been reviewed in the December Quarterly Budget Review and will be

reassessed in the up-coming March review.

Recommending:

1. THAT the report be received.

COUNCIL – 20/04/15 EPS (16)

Engineering & Property Services Division

14. EPS01: Traffic Committee - Minutes 20 March 2015

Report of Michaela Kemp, A/Manager Traffic and Transport Operations

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

Committee held on 20 March 2015, for Council adoption. The minutes are attached

for information.

Two reports were tabled at the Traffic Committee meeting concerning Streetscape

and Active Transport Upgrades on two cycling routes in Crows Nest. Some

additional information regarding these plans is provided below in this report. The

reports to the Traffic Committee are attached.

Recommending:

1. THAT the Minutes of the previous meeting held on 6 February 2015, copies of

which had been previously circulated, were taken as read and confirmed, subject

to the following:

Marilyn Mackenzie‟s name being spelt correctly under „Apologies‟

Traffic Committee members being listed as „Members‟, not „Visitors‟ on

the front page

The mover and seconder of any Motion cannot be two Councillors and

must be from voting members of the Traffic Committee

2. THAT the existing parking outside 73 and 75 Undercliff Street, Neutral Bay be

retained.

3. THAT Council apply to RMS for a 40km/h speed limit in Undercliff Street,

Neutral Bay

4. THAT Council approve the installation of a pedestrian refuge in Princes Street,

at Blues Point Road, as per the attached concept plan.

5. THAT Council notify affected residents and businesses of the proposal prior to

the works occurring.

6. THAT kerb build outs be approved for construction at the intersections of

Clarke and Hume and Clark and Oxley Streets as detailed on the attached plan

subject to funding availability.

7. THAT proposed cycle lane upgrades along the existing Clarke and Oxley

Streets cycle route be approved for construction subject to funding availability.

8. THAT pavement markings/line marking be installed on Willoughby Road and

Burlington Street as shown on the attached plan.

9. THAT affected residents and business be notified in writing a minimum of two

(2) weeks prior to the commencement of construction of any of the facilities

upgrades identified on the attached plan.

10. THAT the kerb built outs identified on the concept plan be progressively

constructed subject to funding availability.

11. THAT the residents of Huntington Street be notified regarding the proposed

contra-flow lane in that street and the proposed contra-flow bike lane in

Huntington Lane be approved for implementation..

12. THAT cycle route pavement markings and thresholds be installed along

Atchison, Matthew and Devonshire Streets (east of Willoughby Road).

COUNCIL – 20/04/15 EPS (17)

13. THAT shared path signs which permit cycling through St Thomas Rest Park

be removed immediately as they do not comply with current shared path

guidelines.

14. THAT affected residents and business be notified in writing a minimum of

two (2) weeks prior to the commencement of construction of any of the facilities

upgrades indentified on the concept.

15. THAT a further report be prepared for Traffic Committee regarding the

impacts of the proposed stop sign priority change at the intersection between

Atchison and Oxley Streets.

16. THAT pedestrian refuges on Willoughby Road, at Atchison Street, be

installed as part of the detailed design process.

17. THAT a pedestrian crossing on Alexander Street, at Atchison Street be

investigated and installed (if it meets RMS warrants) as part of the detailed design

process.

18.THAT the Traffic Management Plan for the NTH SYD Campaign Launch on

Thursday 14 May 2015 be endorsed by the Traffic Committee and the associated

Road Closures be approved, subject to RMS and Police approval.

19. THAT the matter of the STOP sign at Cooper Lane, Cremorne be deferred for

further investigation.

20. THAT the remainder of information under Delegated Authority be received.

21. THAT the Council install driveway line marking at 14 Levick Street at right

angles to the kerb, 0.7m from the western wing and at the edge of the eastern

wing.

22. THAT the remainder of recommendations made for changes in the parking

restrictions be adopted.

23. THAT the recommendations made for minor traffic investigations be adopted.

24. THAT the matter Hamilton Lane - Safety be deferred to the next Traffic

Committee meeting.

25. THAT the information be received.

26. THAT the information concerning the Walker Street Kiss & Drop restrictions

be received.

27. THAT the previous recommendation to convert 2 Hour Parking in

Wheatleigh Street to 3 Hour Parking be rescinded.

28. THAT Council undertake a survey of residents/ businesses in Wheatleigh

Street with regard to the parking restrictions and refer the survey results to a

future Traffic Committee.

15. 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 30 March 2015.

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

Recommending:

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

1 of this report.

COUNCIL – 20/04/15 EPS (18)

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 1” of this report, under the signature of the Mayor and the

General Manager.

COUNCIL – 20/04/15 OSE (19)

Open Space & Environmental Services Division

16. OSE01: Sport and Recreation Reference Group - 30 March

2015

Robert Emerson, Director Open Space and Environmental Services

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

Recreation Reference Group held on 30 March 2015, for Council endorsement. The

minutes are attached for information.

Recommending:

1. THAT the Ilbery Reserve and Outdoor Fitness Equipment Funding reports be

received.

2. THAT Council proceed with Option 2 - construct two new cricket nets parallel

to one another at Primrose Park (fully enclosed).

3. THAT the Proposal to Construct Cricket Practice Nets at Tunks Park report be

received.

4. THAT Council engages a consultant to prepare conceptual images/drawings

and then undertake consultation of Tunks Park users regarding the proposal to

construct three cricket practice nets.

5. THAT on completion of the consultation process a further report is prepared

on the feedback received for the information of the Sport & Recreation Reference

Group and Council‟s determination.

6. THAT the Shade Structure Wollstonecraft Station Park report be received.

7. THAT the Recreation Needs Study 2015 report be received.

17. OSE02: Queen Victoria Jubilee Memorial Fountain -

Condition Assessment and Proposed Schedule of Works

Kate Bambrick- Browne, Landscape Grants Coordinator

Council commissioned consultants to undertake a condition assessment report on

the Queen Victoria Jubilee Memorial Fountain. This report details the findings of

that assessment and provides a proposed schedule of works together with a

funding breakdown.

Recommending:

1. THAT Council undertakes work in Stage One as identified in the report,

following the completion of the appropriate procurement process.

2. THAT Council allocates $68,000.00 towards the redesign and construction of

the hydraulic system and equipment pit in the 2016/2017 capital works program.

18. OSE03: Two Sandstone Shelters, Bradfield Park- Condition

Assessment and Proposed Schedule of Works

Kate Bambrick-Browne, Landscape Grants Coordinator

Council commissioned consultants to undertake a condition assessment report on

the two sandstone shelters located in Bradfield Park, North Sydney. This report

COUNCIL – 20/04/15 OSE (20)

details the findings of that assessment and provides a proposed schedule of works

together with a cost estimate and proposed stages of work in order to meet

existing budgets.

Recommending:

1. THAT Council undertakes work in Stage One as identified in this report,

following the completion of the appropriate procurement process.

2. THAT Council considers allocating $65,000.00 funding for the masonry repair

components of the shelters in the 2016/2017 capital works program.

19. OSE04: Cremorne Point Reserve RMS offer to upgrade public

stairway

Rob Emerson, Director Open Space and Environmental Services

The NSW Government Department, Roads and Maritime Services (RMS) have

recently completed the reconstruction of the Cremorne Point Ferry Wharf and

have approached Council to gain permission to partially reconstruct an existing

stairway from Cremorne Point Reserve to Milson Road near the public transport

ferry/bus interchange. The primary reason that RMS has proposed to reconstruct

the stairway is to improve pedestrian safety and RMS has offered to undertake the

works and fund all of the design and construction costs.

The purpose of this report is for Council to consider their position regarding the

offer from RMS to undertake the specified works.

Recommending:

1. THAT Council provides approval for RMS to proceed with the reconstruction

of the Cremorne Reserve/transport interchange public stairway.

2. THAT RMS is requested to undertake effective bollard or recessed handrail

style lighting of the stairway in order to effectively illuminate the stairs.

COUNCIL – 20/04/15 CORRO (21)

PETITIONS

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CORRESPONDENCE

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COUNCIL – 20/04/15 NoM (22)

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

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COUNCIL – 20/04/15 Q (23)

QUESTIONS WITH NOTICE

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QUESTIONS WITHOUT NOTICE

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