Council Chambers 11 September 2014

The 3654th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 7.00pm on Monday, 15 September 2014. The agenda is as follows.

WARWICK WINN 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

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

Explanatory Notes for Members of the Public Attending Meetings

1. Council meetings comprise the full membership of the Council with a quorum of seven

Councillors. Ordinary Council meetings consider reports from all Divisions of Council.

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

determine the matter.

Explanatory Notes for Members of the Public Attending Meetings

8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager.

9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress.

10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting.

11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes 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.

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

SUBJECT: 3654th MEETING OF COUNCIL TO BE HELD ON MONDAY, 15

SEPTEMBER 2014

ACKNOWLEDGEMENT TO COUNTRY

THAT THE MINUTES of the previous 3652nd and 3653rd Council Meetings held on Monday, 18 August and Monday 1 September 2014 be taken as read and confirmed.

DECLARATIONS OF INTEREST

MINUTES OF THE MAYOR

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RESCISSION MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

1. NoRM01: Notice of Rescission No 6/14 By Councillors

Marchandeau, Gibson and Bevan - 19/08/14

THAT the Item 1 only decision of Council at its meeting of 18 August 2014 regarding Mayoral Vehicle, where it resolved:

1. THAT Council immediately suspend the Mayor’s use of Council vehicles. 2. THAT Council immediately review the Mayor and Councillor Facilities and Benefits Policy in light of what happened. 3. THAT Council write to Cutty Cellars and apologise for the disruption to its business and inconvenience caused as a result of what happened.

be rescinded.

If successful, we intend to move:

1. THAT the Mayor of North Sydney be provided with a Council vehicle as prescribed under Council policy. 2. THAT Council recognise the position of Mayor is separate and distinct from the person who holds the title at any given time with functions requiring the use of a Mayoral car. 3. THAT Councillors apologise for incorrectly publicly claiming that the Mayor's car had been "abandoned" as it was left in situ as the car had a flat tyre as reported to Council.

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REPORTS

General Manager’s Office 1. GMO01: Election of Deputy Mayor

Report of Ian Curry, Manager Governance and Committee Services In accordance with Section 14 of Council’s Code of Meeting Principles and Practices, the election of the Deputy Mayor (for the period from 1 October 2014 to 30 September 2015) will take place at the Council meeting to be held on Monday 5 September 2014. Nominations for Deputy Mayor closed at Noon on 5 September 2014. Nominations were received from: Councillor MaryAnn Beregi As there was only one nomination received, under the Local Government (General) Regulation 2005, Schedule 7 Part 3, Councillor Beregi is therefore elected unopposed to the position of Deputy Mayor Recommending: 1. THAT the election of Councillor MaryAnn Beregi unopposed to the position of Deputy Mayor for the period from 1 October 2014 until 30 September 2015 be noted.

2. GMO02: Report on Matters Outstanding from Council

Resolutions

Report of Warwick Winn, General Manager A report on the current status of matters arising from Council resolutions up to the meeting of 1 September 2014 is presented. Recommending: 1. THAT the report be received.

3. GMO03: Appointment of Council Representatives on

Community Boards, Committees and Trusts

Report of Ian Curry, Manager Governance and Committee Services The Council also holds positions on or participates in other groups or committees external to the Council. The following Committees and Trusts require North Sydney Council to nominate representatives: Crows Nest Centre - 3 representatives Northern Suburbs Regional Organisation of Councils (NSROC) - The Mayor, 1 representative and 1 alternate North Sydney Retirement Trust (James Milson Village) - 3 representatives Nutcote Trust - 3 representatives and 1 alternate

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Shorelink Committee (Library Network) - 1 representative and 1 alternate Sydney Coastal Councils Group - 2 representatives Appointment of Councillor representatives to these Boards, Committees and Trusts occurs in September each year. Recommending: 1. THAT Council appoint representatives to the bodies listed in the report. 2. THAT Council’s determine its representation on the Crows Nest Centre Board and North Sydney Retirement Trust (James Milson Village). 3. THAT Council write to the bodies to inform them of Council’s representatives for 2014/15.

4. GMO04: Independent Investigator’s Report

Report of Ross McCreanor, Director Corporate Services This report responds to the following Council resolution of 7 April 2014 (Min No. 118): THAT due to the denigrating of Council that has evolved over the last week by the editorial in the Mosman Daily by journalist Mr Adam Bell, where he referred to a minority Councillor who provided background information stated with the article: a) Council undertake a full forensic examination (utilising both internal and external parties, with notice to the relevant supervisory and policing bodies) of the breach of privacy and confidentiality, noting each Councillor undertook to adhere to (Privacy and Anti-discrimination Brief for Selection of Committee Members) by signing and handing to Mr Christian Morris; b) The Division of Local Government be notified of this serious breach and request they undertake to ensure this matter is escalated and resolved in the quickest time possible. In accordance with Clause 8.45 within Appendix A of Council’s Code of Conduct - Councillors and Staff: The council is to close its meeting to the public to consider the final investigation report where it is permitted to do so under section 10A of the Act. Recommending: 1. THAT the report concerning the Conduct Reviewers Report be considered in Closed Session pursuant to sections 10A(2)(f) and (i) of the Local Government Act 1993 and that Council resolves to go into Closed Session in order to deal matters affecting the security of the council, councillors, council staff or council property.

5. GMO05: Legal Obligations in the Workplace

Report of Ross McCreanor, Director Corporate Services This report responds to the following Council resolution of 1 September 2014 (Min No. 362): THAT Council seek urgent legal advice from senior counsel regarding the legal obligations of Council in light of the workplace incident on 20 August 2014 and any other relevant information, in relation to the following:

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a) the legal obligations of the Council and members of the governing body to the General Manager and senior staff; b) the legal risk to Council arising from the incident; and c) recommendations for managing WHS risks to all employees, but specifically to senior staff in the future, including any actions or appropriate amendments to policies and procedures. THAT Council receives the file notes from relevant Councillors and staff in relation to the incident, who were in attendance. THAT the urgent legal advice as per the above be made available at the next Council meeting on 15 September 2014. THAT Council take immediate steps to improve and eradicate the acrimonious and ineffective culture that exists between the Mayor and Councillors. THAT Council notes the Mayor was put on notice of potential conflict of interest in this matter. Courses of action will determine the extent of any financial exposures. Recommending: 1. THAT this report be considered in Closed Session pursuant to Section 10A(2)(a) and (i) of the Local Government Act 1993 and that Council resolves to go into Closed Session in order to deal with information concerning a personnel matter.

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City Strategy Division 6. CIS01: 19 Chuter Street, McMahons Point (V) - DA74/13/2

Report of Kim Rothe, Senior Assessment Officer, 4 September 2014 Applicant: Tian Ji Yang This Section 96(2) application seeks approval to modify Consent No 74/13 with regard to the approved trial hours of operation and to increase the total number of patrons allowed in the approved gym at any time. The application seeks to approve the trial hours of operation and extend the weeknight trading from 8:00 pm to 10:00 pm and to increase patron numbers to the gym to sixteen (16) patrons. The original application was considered and approved by Council at its meeting of 1 July 2013. Council resolved to grant approval for the gym to operate with a 6 month trial basis on the following operating hours: Monday to Friday 6:00 am to 8:00 pm, Saturday 9:00 am to 5:00 pm and Sunday 9:00 am to 1:00 pm. The fitout and use of the premises has been completed and the premises began operating around mid October 2013. In responding to complaints received from local residents, Council Rangers have attended the site on twenty four (24) occasions however found no cause for penalty infringement notices to be issued for breaches of development consent regarding the ongoing operation (hours of operation, noise or patronage). The application is reported to Council for determination due to the level of public interest in the proposed development, concerns raised in the submissions and due to the modification proposed to Council imposed condition. The owners of adjoining properties and the Union Precinct were notified of the proposed modifications between 16 May to 30 May 2014. Following receipt of the amended application to increase the patronage numbers on 10 June 2014, the proposal was re notified from between 20 June to 4 July 2014. The notification of the application resulted in a total of twenty two (22) submissions raising concern with the impact of the proposal to parking, residential amenity, noise and vibration impacts. The modification to the operation to the gymnasium are considered to be acceptable in part. The formalisation of hours of operation as approved under the original application on a trial basis are supported, however the proposed extended weeknight trade till 10:00 pm is not supported given the proximity of residential dwellings opposite. The proposed increase to patron numbers is supported due to the minimal increase to parking demand and proposed further acoustical treatments proposed to the front door and windows. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to the amendment to the conditions and imposition of additional conditions as detailed in the recommendation of this report. Recommending: PURSUANT TO SECTION 96 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED)

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A. THAT Council, under the provisions of Section 96(2) of the Environmental Planning and Assessment Act, and resolve to grant consent to application No. 74/13/2 to modify DA74/13 for modification to the approved hours of operation (Condition I1) and increase patron numbers to the gym (condition I2).at No. 19 Chuter Street, McMahons Point, subject to modification to the following conditions:-

1. To amend Conditions I1 and I2, as follows:- Hours of Operation I1. The proposed gym may be open for business between the following

hours:- Monday to Fridays: 6:00 am to 8:00 pm Saturday: 9:00 am to 5:00 pm. Sunday: 9:00 am to 1:00 pm. (Reason: To ensure that amenity of the surrounding locality is maintained) Maximum occupancy I2. A maximum of 16 members/patrons are permitted within the tenancy

at any one time. A maximum number of 4 staff/trainers is permitted within the tenancy at any one time.

(Reason: To protect residential amenity) 2. The following additional conditions A4, C15, G6 and I11 shall

be imposed: Plan of Management A4. The development is to operated generally in accordance with the

Plan of Management submitted by Tian Yang dated July 2014 and received at Council on the 15 July 2014 except where amended by these conditions of consent.

(Reason: To ensure the management strategies are implemented) Acoustic Report C15. The recommendations of the Acoustic Report prepared by Noise

and Sound Services dated April 2014 (Report No . nss 21926A- Final), dated April 2014 are to be incorporated into an amended Construction Certificate stage that details any acoustic and vibration design requirements for walls, the floor, the ceiling etc so that noise and vibration does not impact adversely on adjoining tenancies within the same building. The following requirements must be achieved: Install a 40 mm solid core timber door with acoustic edge

seals and drop seal. Edge seals and drop seal should be equal to Raven RP10 and RP3B respectively.

Door frames to be of solid timber. Glass viewing panels (if required) should be of not less than 10 mm glass.

Install 16 mm Frycheck plasterboard behind the existing window and allow at least 60 mm between the window (glass and/or frame) and the face of the plasterboard. The plasterboard to be fixed to timber studs at 580 mm centers to match the width of insulation and to prevent resonance of the plasterboard sheet

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Install within the cavity Soundscreen insulation, as manufactured by Bradford Insulation, having a material R-value of RI.7 and having a nominal thickness of 60 mm.

Additional rubber impact matting to be installed in designated weight lifting areas.

The Certifying Authority issuing the amended Construction Certificate must ensure that the building plans and specifications provided by the Applicant and referenced on and attached to the amended Construction Certificate fully satisfy the requirements of this condition. (Reason: To ensure noise and vibration nuisance does not occur to neighboring tenancies)

Acoustic Treatments Certification G6. Prior to issue of the amended Occupation Certificate, a certificate

from an Acoustic Engineer (who is a member or eligible to be a member of the Association of Australian Acoustical Consultants) is to be submitted to the Certifying Authority certifying that the acoustic and vibration design requirements specified in the amended acoustic report referred to in condition C15 submitted with the amended Development Application have been met. This is also to include certification that noise and vibration impact meets the requirements of the NSW Industrial Noise Policy for impact to the adjoining commercial tenancies.

(Reason: To ensure noise and vibration nuisance does not occur to neighbouring tenancies)

Noise and Vibration Impact I11. The on-going use of the premises approved under this consent

must comply with all conditions pertaining to noise and vibration specified in this consent.

The use of the premises shall comply with the following: Music and Vocal

a) The LA10 noise level emitted from the use of the premises must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the hours of 6.00am and 7.00pm when assessed at the boundary of any affected residence or adjoining.

b) The LA10 noise level emitted from the use must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 7.00pm and 6.00am on the following day when assessed at the boundary of any affected residence.

c) Notwithstanding compliance with (a) and (b) above, the noise from the use must not be audible within any habitable room or sleeping area in any affected residence between the hours of 7.00pm and 6.00am on the following day.

d) The LA10 noise level emitted from the use must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than

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3dB when assessed indoors at any affected commercial premises with windows closed.

e) The use of the premises must be controlled so that any emitted noise is at a level so as not to create an “offensive noise” as defined in the Protection of the Environment Operations Act 1997.

LA10 is the average maximum A-weighted Fast Response sound level emitted from the premises. LA90 shall be measured in the absence of all noise from the premises (including mechanical plant noise).

Use of Gym Equipment The LAavmax noise level emitted from the use of gym equipment must not exceed the background noise level (LA90) by more than 5dB when assessed inside any affected residence with the windows of the affected residence closed. LAavmax is the average maximum A-weighted Fast Response sound level emitted from use of gym equipment on the premises. LA90 shall be measured in the absence of all noise from the premises (including mechanical plant noise) with the windows of the affected residence closed and any air-conditioning in the residence turned off. If the LA90 is less than 20dB then it is taken to be 20dB.

General “affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals. “boundary” includes any window or elevated window of an affected residence. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority.

(Reason: To ensure compliance with the specified levels of noise and vibration and to maintain the amenity of surrounding land uses)

7. CIS02: 290 Military Road, Cremorne (T) DA361/12/2

Report of Lara Huckstepp, Executive Planner, 26 August 2014 Applicant: McDonalds Australia Limited This Section 96 modification application seeks approval to formalise a trial period and to allow McDonalds Restaurant to operate 24 hours per day on Sunday - Thursday. It is noted that McDonalds already has consent to operate 24 hours per day on Friday and Saturday evenings. The matter is reported to Council for determination as the modification applies to a previous resolution of Council to grant approval subject to a 12 month trial period. Notification of the proposal has attracted three submissions raising particular concerns about noise, amenity, traffic, rubbish and the need for another 24 hour

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venue in the locality. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. Following this assessment the modification application is considered to be reasonable in the circumstances and is recommended that the trial hours of operation be endorsed by Council and the S96 application be approved subject to conditions. Recommending: PURSUANT TO SECTION 96 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) A. THAT Council, as the consent authority, resolve to modify its

Development Consent DA 361/12/2 to allow 24 hour trading for McDonalds Restaurant at No.290 Military Road, Cremorne, under the provisions of Section 96 of the Environmental Planning and Assessment Act only insofar as will provide for the following:

To amend Condition I1 as follows: Hours of Operation I1. The premises may operate for business 24 hours, 7 days a week. (Reason: To clarify the terms of this consent) 2. All other conditions of consent to remain unaltered.

8. CIS03: Planning Proposal, draft DCP and draft VPAs for

472-520 Pacific Highway, St Leonards (Lane Cove Council)

Report of Alex Williams, Team Leader - Policy On 21 August 2014, Council received notification from Lane Cove Council of the public exhibition of a Planning Proposal, draft Development Control Plan and 3 draft Voluntary Planning Agreements relating to land at 472-520 Pacific Highway, St Leonards. This land directly adjoins the North Sydney LGA. The Planning Proposal seeks to:

Rezone the sites from B3 - Commercial Core to B4 - Mixed Use; Increase the maximum building height control applying to:

o 472 and 486 Pacific Highway from 65 metres to 91 metres and 115 metres; and

o 504-520 Pacific Highway from 72 metres to 138 metres. The proposal is of a magnitude that has the potential to set a new, albeit unclear, direction for St Leonards Centre by way of precedent. In particular, it represents a significant departure from the agreed strategy for the area set out by the 2006 St Leonards Strategy. It is Council’s long held position that the strategic planning framework for an area should not be dictated nor determined by applications relating to an individual site that set a precedent. This proposal should only be considered if and when a revised overarching strategy for St Leonards has been the subject of appropriate public consultation and has been agreed upon by Lane Cove, North Sydney and Willoughby Councils and the Department of Planning & Environment. Given Council’s current and recent strategic planning endeavors in the locality, it is well placed to contribute to such an exercise. On this basis, it is recommended that Council prepare and lodge a submission to Lane Cove Council objecting to the progression of the Planning Proposal and

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associated documents until such time as the strategic direction for the St Leonards Centre has been reviewed with input from Lane Cove, North Sydney and Willoughby Councils and the Department of Planning & Environment. Recommendation: 1. THAT Council grant delegation to the General Manager to lodge a submission based on the content of this report objecting to the progression of the Planning Proposal and associated documents until such time as a new strategic direction has been set for the St Leonards Centre with input from Lane Cove, North Sydney and Willoughby Councils and the Department of Planning & Environment.

9. CIS04: Luna Park - Annual Noise Audit

Report of Amy Young, Acting Team Leader - Environmental Health The attached report provides an analysis of the findings of noise level surveying conducted at Luna Park Sydney (LPS), 1 Olympic Drive, Milsons Point, for the year ending March 2014. This report constitutes an annual review as required by Section 12 of the Acoustic Plan of Management (APOM), based on Condition 103 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.

A copy of the annual noise audit review has been forwarded to the Lavender Bay Precinct Committee for their information. Recommending: 1. THAT the Luna Park - Annual Noise Audit report be received.

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Community & Library Services Division 10. CLS01: Vivid Sydney 2015

Report of Martin Ellis, Director Community and Library Services At its meeting on 21 July 2014 Council considered the report (Vivid Sydney 2014 - post event evaluation) and resolved (Min No. 282): THAT Council resolves to defer a decision in respect of Vivid 2015 until the Chamber of Commerce have progressed their ambitions to extend Vivid to the CBD and Council has received more detailed breakdown of the figures and report from Destination NSW, and the results of the survey have been received. Destination NSW has advised Council that its press release (16 June 2014) on Vivid 2014 is now confirmed as final figures. It is provided with this report and show an increase in attendance of 74% over 2013. Along with this, a group of North Sydney businesses, formed as The North Sydney Activation Steering Committee (the Alliance), has arranged a launch on 10 September 2014 to reach the wider business community. They hope to have raised $200,000 by the launch date. The Alliance aims to secure Council’s involvement again in 2015. Council will be advised at its meeting on 15 September as to the quantum of funds raised by the launch date To date no Council funds have been allocated to Vivid Sydney 2015. Should Council decide to be involved its first opportunity would be the September 2014 Quarter review. Recommending: 1. THAT Council resolves its position on Vivid 2015.

11. CLS02: Nabo Proposal - A social network connecting neighbours

Report of Russell Wolfe, Social Planner Council has been invited to participate in a pilot project for a new online social network called Nabo. Nabo’s goal is to connect neighbours by creating an online community exclusively for people who live in the same suburb. Once users have verified their address they are able to communicate with other people in their suburb on a range of topics including: discussing community issues; crime and safety matters; making recommendations on local trades and services; promoting local events; requesting assistance or advice; and offering items for sale. Nabo is free to join and use. Council will be able to use Nabo to deliver targeted messages to residents in particular suburbs. Council’s role in the pilot is to nominate one suburb to participate and to encourage residents of that suburb to trial Nabo. Cammeray is recommended as the pilot suburb for reasons which are explained in the report. If Councillors wish to discuss the related Commercial in Confidence attachment (distributed under separate cover, not available to the public) it will be necessary to close the Council meeting to the public.

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All costs to promote the project will be met from within the existing operational budget. Recommending: 1. THAT Council supports the Nabo pilot project. 2. THAT Council nominates the suburb of Cammeray for the pilot and promotes the pilot project to the residents of Cammeray. 3. THAT an evaluation be undertaken at the end of the pilot project to determine Council’s ongoing involvement.

12. CLS03: James Milson Village - redevelopment proposal and other matters

Report of Martin Ellis, Director Community and Library Services Following an informal meeting on a proposed redevelopment with Council’s Planning Advisor, and the issue having been raised at Board level (North Sydney Retirement Trust), architects for the Trust have met with the author of this report to discuss any social implications of the proposal. As owner of the land on which James Milson Village sits, Council’s “owner’s consent” would be needed for any development application to be lodged. This report flags several issues that merit Council’s consideration. Any conclusion Council reaches on these matters would assist its representatives on the Board in carrying out their duties. The financial implications are referred to in the report. Recommending: 1. THAT Council advises North Sydney Retirement Trust that for it to consider the issue of owners consent for a significant development it requires a master plan for the site. 2. THAT Council advises North Sydney Retirement Trust that the Master Plan should consider the Strategic objectives of the Trust and its other stakeholders in order that any proposed development will support the strategic objectives. 3. THAT In particular Council asks that the Board of The North Sydney Retirement Trust gives consideration to: Giving priority of access to North Sydney, Mosman and Willoughby residents or those with an established Lower North Shore connection. Redesigning services and introducing appropriate pricing to ensure James Milson Village is affordable to people who have modest financial capacity within the communities its serves. Exploring new services where it can expand access to quality care for people in need.

13. CLS04: World War 1 Commemorations in North Sydney: July 2014 - June 2015

Report of Ian Hoskins, Council Historian Council’s and the community’s activities for World War 1 are here summarized. Council functional areas which are mostly active are Open Space and Environmental Services Division (restoration of the Cenotaph and the H.M.A.S.

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Sydney bow; and Stanton Library’s Heritage Centre (exhibitions, walks, tours and workshops). Community groups involved are local schools (commemorative ANZAC trees project potentially funded through the local Federal Member’s office); and the local branches of the Returned Serviceman’s League (North Sydney and Kirribilli). Participation has already been provided by the Hyde Park War Memorial with CEO Brad Manera guest speaker at the official opening of the current exhibition in the Heritage Centre: Home Front 1914. Participation by the Australian War Memorial is also being pursued through their Camera on Gallipoli project which entails provision of a digital file to Councils who may reproduce unique photographs from Gallipoli for display. An additional service is the supply of these photographs framed; North Sydney has applied for this collection and signs are encouraging but no confirmation has been received as yet. Note: There is a two year lead time for loan of items from the Memorial so this is not an option. Recommending: 1. THAT the World War 1 Commemorations in North Sydney: July 2014 - June 2015 report be received.

14. CLS05: Public Art Trail Proposal

Report of Martin Ellis, Director, Community and Library Services Council has in many ways signaled its desire to invigorate the North Sydney CBD and surrounds. Projects already commenced include the Brett Whiteley Place refurbishment and the Education Precinct Public Domain Master Plan. Arts and Historical Services staff (in consultation with Strategic Planning staff) have drafted a Public Art Trail for Council’s consideration. It is proposed, given its objectives, that a professional review of the proposal be undertaken, and that a major work be commissioned in 2014/15. It is considered, given funding, that the Trail could be completed progressively over 2014 to 2017. The Public Art Trail has the potential to be a world class experience for residents, workforce and visitors. For it to reach its full potential it is recommended that Council work with stakeholders including the CBD business and Educational Institutions community to develop and enhance the Trail. Funds available for public art are $70,000 in 2014/15. It is proposed that the Public Art Trail be completed over three years 2014/15, 2015/16 and 2016/17, with the balance of the funds to be considered as part of the 2015/16 and 2016/17 budget estimates. Funding for the project is appropriate. Recommending: 1. THAT the Public Art Trail Proposal be adopted.

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Division of Corporate Services 15. COS01: Ratepayers Incentive Draw 2014/15

Report of John Towers, Revenue Services Manager Council has for many years offered an incentive scheme for those ratepayers who have paid their rates in full by the selected date, 31 August. This year 11,930 of 37,403 (31.9%) ratepayers paid in full by the relevant date. Funding for this project was included in the adopted 2014/15 budget. Recommending: 1. THAT the draw be conducted by the Mayor.

16. COS02: Educational Institutions Working Group - 11 August 2014

Report of Ian Curry, Manager Governance and Committee Services This report presents the recommendations of the last meeting of the Educational Institutions Working Group held on 11 August 2014, for Council reception. The minutes are provided for information. Recommending: 1. THAT Council receives the minutes of the Educational Institutions Working Group held on 11 August 2014. 2. THAT should Council adopt any of the specific projects/proposals recommended in the minutes of the Educational Institutions Working Group held 11 August 2014 that a report be prepared detailing proposed costings, timelines and implications to existing workload and the adopted Delivery Program.

17. COS03: Legal and Planning Committee - 25 August 2014

Report of Ian Curry, Manager Governance and Committee Services This report presents the recommendations of the last meeting of the Legal and Planning Committee held on 25 August 2014, for Council adoption. The minutes are attached for information. Recommending: 1. THAT the Draft Deputy Mayor Policy be placed on public exhibition for 28 days, with the following amendment to clause 4.6(c): 4.6(c) In situations where Deputy Mayor is also unavailable, the General Manager be given delegated authority to ask another Councillor to represent the Council at the particular Mayoral civic and ceremonial function. 2. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Draft Deputy Mayor Policy as adopted at the end of the closing period for submissions. 3. THAT the Councillor Workshop - Finance continue as an informal workshop. 4. THAT Council writes to the Minister for Transport, the Office of Local Government, and Local Government NSW seeking legislative amendments that

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would enable Council Rangers similar authority as NSW Police and Transport for NSW Inspectors with respect to illegal taxi ranking. 5. THAT the Current Appeals and Results - August 2014 report be received with the exception of Other Matters, to be deferred to the end of the meeting. 6. THAT the Current Appeals and Results - August 2014 (Other Matters) report be received, with the following further information to be provided to Councillors. Staff time/salary required to comply with the legal matters involving the Mayor and the Council, to reflect the true cost to Council. 7.THAT the Legal and Planning Committee recommend that Council censure the Mayor for causing significant expenditure to Council of $120,757 in legal costs and disbursements, plus unknown additional Council staff time. 8. THAT the grounds of censure include that the claim was ill-judged, designed to be antagonistic, not in the interests of residents and ratepayers, the allegations remain untested and a reasonable person may assume that the bringing of such actions was an abuse of the legal system for purely political purposes and that in bringing these actions, caused Council substantial financial and reputational cost and brought Council and local government generally into disrepute. 9. THAT Council renominate Councillors Reymond and Clare with Councillor Marchandeau nominated as an alternate, to represent North Sydney Council on the Joint Regional Planning Panel for a period of two years. 10. THAT the JRPP membership be reviewed in 12 months time. 11. THAT Council adopt the Grosvenor Lane Planning Study (Attachment 1), including a clause regarding the public transport stop. 12. THAT Council adopt the draft DCP 2013 amendments (Attachment 2). 13. THAT both documents be placed on public exhibition for a minimum of 28 days and that a report be prepared for Council following exhibition. 14. THAT a copy be provided to Willoughby Bay and Neutral Precinct Committees, the Neutral Bay Streetscape Committee and the Member for North Shore, The Hon. Jillian Skinner MP. 15. THAT Council adopt the Education Precinct Public Domain Masterplan (Attachment 2). 16. THAT further consideration be given to submissions as appropriate during future stages, as recommended in Attachment 1. 17. THAT there be a Councillor Briefing as soon as the costings are available. 18 THAT Council congratulate Council’s Strategic Planning staff for their excellent work on the Masterplan. 19. THAT Council adopt the draft DCP 2013 amendments at Attachment 2 for public exhibition purposes. 20. THAT the draft DCP 2013 amendment be placed on public exhibition for a minimum of 28 days. 21. THAT a report be prepared for Council following exhibition. 22. THAT Council write to the Minister for Transport providing a copy of the report and requesting clarification as to the intentions of the State Government towards this property remaining as a public transport depot and interchange, and a copy be sent to the Member for North Shore, The Hon. Jillian Skinner MP. 23. THAT Council acknowledge the swift and excellent response of Council’s strategic planners to the motion and the excellence of the report.

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18. COS04: Governance Committee Minutes - 1 September 2014

Report of Ross McCreanor, Director Corporate Services This report presents the recommendations of the last meeting of the Governance Committee held on 1 September 2014, for Council adoption. The minutes are attached for information. Recommending: 1. THAT the Complaints and Compliments Report 1 January-30 June 2014 report be received. 2. THAT the amended Fraud and Corruption Prevention Policy be placed on public exhibition for 28 days. 3. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the amended Fraud and Corruption Prevention Policy as adopted at the end of the closing period for submissions. 4. THAT the Amended Mayor and Councillors Facilities and Benefits Policy with amendment to clauses 4.2.1 and 4.2.5, and deletion of clause 4.2.4 be placed on public exhibition for 28 days. 5. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Amended Mayor and Councillors Facilities and Benefits Policy as adopted at the end of the closing period for submissions. 6. THAT Council adopt the amended Councillor Information and Interaction with Staff Policy, with amendment to Clause 4.2.9 (deleted); and a general clause added at front of policy “In this policy a reference to a Councillor includes the Mayor”. 7. THAT Council appoints Councillor Burke and Councillor Reymond to the Dispute Resolution Panel, which also includes the Mayor, Panel in accordance with Clause 4.17 of the Amended Oversight and Liaison with General Manager Policy. 8. THAT Council adopt Attachment 2 (Cr Baker’s suggested amendments) - Amended Oversight and Liaison with General Manager Policy, with amendment to Clauses 4.5, 4.7 and 4.17 as drafted by Attachment 1 and that the amended policy be placed on public exhibition for 28 days. 9. THAT should Council receive submissions, a further report be prepared for Council’s consideration. Should Council receive no submissions, Council consider the Amended Oversight and Liaison with General Manager Policy as adopted at the end of the closing period for submissions. 10. THAT Council notes the advice from the Office of Local Government, and resolves that Council amend the Code of Meeting Principles and Practices to reflect the advice regarding that the calling of Extraordinary Council meeting be delegated to the General Manager. 11. THAT the contractual conditions of the senior staff be noted. 12. THAT the City of Ryde - ICAC Investigation report be noted. 13. THAT the 2014 National General Assembly - Post Conference Report be received. 14. THAT the VoiceBox Evaluation - Pilot Online Engagement Program report be received. 15. THAT the pilot be extended for a further 12 months.

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16. THAT the Reference Groups and Working Groups Review - Stage 1 report be deferred to a Councillor Workshop, which includes explanation of how fits into the organisational realignment.

19. COS05: Christmas Decorations in Village Centres

Report of Sandra Moore, Communications and Events Manager and Jessica Quilty, Executive Officer This report relates to a resolution of Council on 13 September 2013 to develop a Christmas decorations strategy for 2014. The report explores the options for Christmas decorations and explains the concerns with adapting Council-owned poles to allow lighted decorations. It is proposed that Council hire decorations the Crows Nest, Cammeray, Kirribilli and Neutral Bay village centres for this year. Christmas decorations will be incorporated into the events calendar for next year and planning for decorations will begin early in 2015. Funds to be sourced from the current (2014/15) operating budget. Recommending: 1. THAT Council allocate $35,000 for the decoration of the Crows Nest, Cammeray, Kirribilli and Neutral Bay village centres for Christmas 2014.

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Engineering & Property Services Division 20. EPS01: North Sydney Integrated Traffic and Parking

Strategy - Post Exhibition Report

Report of Aurelio Lindaya, Manager Traffic Planning Council at its meeting of 28 April 2014 resolved (Min No. 143): 1. THAT the Draft North Sydney Integrated Traffic and Parking Strategy be placed on public exhibition for 60 days, during which a community information session(s) be held. 2. THAT a further report be prepared for Council’s consideration at the end of the closing period for submissions. 3. THAT the revision of off-street parking rates and policies outlined in Council’s Development Control Plan (project scheduled for July-December 2014) consider this Strategy and the recommendations of the Ecological Sustainable Development Best Practice Project - Transport chapter as previously adopted. 4. THAT a Councillor Workshop on the Draft North Sydney Integrated Traffic and Parking Strategy be held during the exhibition period. The Draft North Sydney Integrated Traffic and Parking Strategy (the Strategy) was exhibited from 15 May 2014 to 13 July 2014. During this period Council received 54 submissions. The issues raised and feedback from the community was taken into account in the preparation of the final Strategy document (Attachment 1). This report outlines the key issues raised in submissions. The final Integrated Traffic and Parking Strategy is presented to Council for adoption. Funding for the Traffic and Parking Area Scheme (TAPAS) Action Plans, as recommended in the Strategy, has been included in the adopted Delivery Program 2013/14-2016/17. Some traffic and parking projects arising from the TAPAS Action Plans may be eligible for RMS funding. Funding for the project is appropriate. Recommending: 1. THAT the revised Strategy document provided in Attachment 1 be adopted as Council’s North Sydney Integrated Traffic and Parking Strategy. 2. THAT Council commence a 12 month trial of the traffic and parking measures identified within the Strategy; and that further report on the outcomes of the trial period be provided to Council. 3. THAT Council commence design development of TAPAS Action Plans as detailed in the Strategy.

21. EPS02: Council Own/Leased Properties: Leasing

Transactions

Report of Hinako Nakata, Property Officer A report is submitted regarding the leasing transactions for Council’s owned and leased properties, for the period ending 5 September 2014. Rental income to Council will be received in the Property Budget.

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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.

22. EPS03: Council Owned/Leased Properties: 4th Quarterly Income Report 2013/14

Report of Risha Joseph, Property Officer A report disclosing the rental income Council received from its owned and leased properties for the period 1 April 2014 to 30 June 2014 was prepared by Colliers International (Council’s Property Consultants). The report also provides the budgeted and actual income received for the financial year 2013/14, including income from Outdoor Dining Licences. The report outlines the income received for the 4th quarter of 2013/14. Recommending: 1. THAT the report be received.

23. EPS04: Proposed road lease to 10 Carter Street, Cammeray: Post Exhibition Report

Report of Risha Joseph, Property Officer The report responds to the outcome of the public consultation held from 17 July 2014 to 13 August 2014 for the purposes of securing a road lease with the property owners of No. 10 Carter Street, Cammeray. Six submissions objecting to the proposal were received. 16 submissions were received in support of the proposal. A petition comprising 115 signatures was also received in support of the proposal. The primary reasons for Council recommending that the lease not be granted are as follows: (a) Wilson Street Road reserve is a strip of public land, and although abutting the property boundary of No.10 Carter Street in Cammeray, is a road reserve primarily for the benefit of use to the public; and (b) The intention of the property owners to lease the land and can be easily rectified by Council undertaking improvements to the landscaping of the reserve. The rental was based on the formula in accordance with Council’s Encroachment Management Policy. The financial implications will have no impact if Council does not proceed with the lease. Recommending: 1. THAT Council does not proceed with the proposed lease to the property owners of No. 10 Carter Street, Cammeray. 2. THAT Council trim down the overgrowth within the reserve in accordance with Council’s Arborist’s recommendation for proper tree care management and landscaping.

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3. THAT Council’s Parks and Reserves Department set up a program to ensure that the reserve is regularly maintained to address the concerns of the adjoining property owner.

24. EPS05: Submission of tenders for the CBD Lighting Conduits

and Footings Stage 2 - Tender 8/2015

Report of Ashraf Doureihi, Engineering Project Manager Tenders were called and were received until 4pm on 14 August 2014 for the submission of tenders for the CBD Lighting Conduits and Footing Works Stage 2. 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 four year delivery program adopted by Council. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 8/2015 -CBD Lighting Conduits and Footings Stage 2. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 8/2015 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.

25. EPS06: Submission of tenders for the Engineering Consulting

Services - Stormwater Drainage Design - Tender 10/2015

Report of Jim Moore, Engineering Project Manager Tenders were called and were received until 4pm on 3 September 2014 for the submission of tenders for Engineering Consulting Services - Stormwater Drainage Design. 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 four year delivery program adopted by Council. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 10/2015 - Engineering Consulting Services - Stormwater Drainage Design. 2. THAT Council accept the tenders of the second and third highest ranked Tenderers to be shortlisted for provisional works. 3. THAT Council hereby authorises its Official Seal to be affixed to Contract 10/2015 under the signature of the Mayor and the General Manager. 4. 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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Open Space & Environmental Services Division 26. OSES01: Waste Disposal Contract 21/2006

Report of Bo Karaula, Executive Environmental Health Surveyor Disposal Contract 21/2006 with SITA Australia Pty Ltd concludes on 1 January 2015. At its meeting of 27 November 2012 (Min No.747), Council resolved to take up the initial option to extend the contract for a further period of two years to 1 January 2015, so as to align the contract with the NSROC Regional Waste Disposal Tender. However, Council at its meeting of 19 May 2014 (Min No. 197) resolved not to proceed with the Regional Tender on the basis that Council’s current landfill diversion and resource recovery rates will not be achieved in the Regional Contract. A further option is made available to Council to extend the disposal contract period to three more years based on the same terms and conditions of the existing contract. Payments will be based on current rates subject to the CPI provisions outlined in the contract. This report seeks approval for the extension of the current Waste Disposal Services Contract (21/2006), held with SITA, for a period of three (3) years up until 1 January 2018. The three (3) year extension of the Waste Disposal Contract will continue at the current rates subject to annual increases, currently estimated at 4%. This is the basis on which Council’s 2014/15 budget was prepared. As a result, the extension of Contract 21/2006 will have minimal additional financial impact. Recommending: 1. THAT SITA Australia Pty Ltd be invited to extend Disposal Contract No. 21/2006 for a further three (3) years until 1 January 2018, consistent with the existing terms and conditions. 2. THAT the General Manager be delegated the authority to negotiate and sign contract extension agreements with SITA Australia Pty Ltd in accordance with the current Waste Disposal Contract 21/2006 for three (3) years until 1 January 2018, consistent with the existing terms and conditions.

27. OSES02: Rubbish Bins in the North Sydney LGA - Community

Consultation Results

Report of Peter Massey, Environmental Services Manager The report is submitted in response to a Council resolution dated 23 June 2014 whereby Council sought Streetscape and Precinct Committee’s opinion about the possible location of additional public garbage bins. Opinion was varied with a number of Precinct Committees requesting no change to the existing policy setting while others requested additional bins. Streetscape Committees generally requested additional bins in the various commercial areas. Thirty two (32) new locations were identified as sites for additional public garbage bins. For reasons

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of aesthetic consistency, it is recommended that the stainless steel bin design be the preferred style. The placing of additional public garbage bins has a budget implication. There is no current funding allocated to this project therefore this matter should be considered during the 2015/16 budget process. Recommending: 1. THAT Council allocate $128,000 to the 2015/16 Capital Works Budget for the initial manufacture and installation of thirty two stainless steel bins. 2. THAT Council allocate $235,000 to the 2015/16 Street Cleaning Recurrent Budget to provide for the servicing and maintenance of the thirty two additional public garbage bins.

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PETITIONS 28. PET01: Parking in Alfred Street, Milson Point

Submitting a petition of 17 signatures requesting that Council take action regarding the illegal parking of vehicles in disable parking spots outside the Chinese Christian Church at 100 Alfred Street Milson’s Point.

29. PET02: Parking in Wheatleigh Street, Crows Nest

Submitting a petition of 60 signatures requesting that Council consider changing the 2 hour parking zones on Council’s side of Wheatleigh Street to 3 hours.

30. PET03: Parking in Crows Nest Shopping Village

Submitting a petition of 2200 signatures requesting that Council consider introducing half an hour free parking in and around Crows Nest Shopping Village.

CORRESPONDENCE

****

COUNCIL – 15/09/14 NoM (25)

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

31. NoM01: Notice of Motion No. 22/14 by Councillor Baker - 26/08/14

Re: Leasing Transactions Reports

1. THAT in the future any report to Council on leases that involve the proposal for public land or land under the care and control of Council to be leased to private property owners should include a copy of any lease recommended for approval of Council. The lease documents in the report should include plans and photographs that clearly identify the land to be leased. .

32. NoM02: Notice of Motion No. 23/14 by Councillor Baker –

9/09/14

Re: One Vote, One Value

 

THAT Council urgently write to:

The Premier, The Hon Mike Baird, MP; Minister for Local Government, The Hon Paul Toole, MP; Local State MPs; Leader of the Opposition, The Hon John Robertson, MP Shadow Minister for Local Government, The Hon Sophie Cotsis, MLC The Hon Robert Borsak, MLC (Shooters and Fishers Party); The Hon David Shoebridge, MLC (Greens spokesperson on local

government); The Hon Alex Greenwich, MP (Member for Sydney); and Local Government NSW

- urging that they oppose the City of Sydney Amendment (Elections) Bill 2014 and uphold the democratic principle of “one vote, one value” in local government elections in NSW. THAT a copy of this resolution together with the following background note be provided to the Premier, Ministers, MPs, MLCs and LGNSW. Background The City of Sydney Amendment (Elections) Bill 2014 was introduced into the NSW Parliament by the Shooters and Fishers Party without consultation. The Bill is extremely undemocratic in that it seeks to confer two votes upon corporations and transfer responsibility for preparing the roll of non-resident

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voters from the NSW Electoral Commission to Council. The proposed electoral laws conferring two votes on corporations (whilst residents have a single vote) may be extended without consultation, by Regulation, to any or all other councils in NSW. The Bill imposes an onerous administrative burden upon council and significant penalties on businesses who fail to vote. The Bill disenfranchises many small and medium businesses and tenancies. In short, it is poorly drafted and deeply undemocratic.

33. NoM03: Notice of Motion No. 24/14 by Councillor Baker – 9/09/14

Re: Review of Special Rates THAT Council review the administration of the special rates levied for the purposes of carrying out streetscape works within the Crows Nest and Neutral Bay Business Areas to ensure that the funds raised by Council are administered efficiently and effectively to achieve the purpose for which the funds are levied.

COUNCIL – 15/09/14 Questions (27)

QUESTIONS WITH NOTICE

34. Q01: By Councillor Beregi – 10/09/14

Re: Mosman Daily Articles 1. Could the General Manager please write to the Minister for Local Government to ascertain what the Minister's intentions were in relation to the article in the Mosman Daily by Adam Bell on 4 September 2014? 2. Could the General Manager please contact the Mosman Daily and request a copy of the transcript of the full interview between Adam Bell and the Minister for Transport?

RESPONSES TO PREVIOUS QUESTIONS 35. Q02: By Councillor Beregi - 17/06/14 (Min. No. 249 - 23/06/14)

Re: Toilet Facilities in Neutral Bay What immediate and short-term measures can be implemented to address the chronic shortage of toilet facilities in the Neutral Bay shopping area, on both sides of Military Road so we can provide an immediate solution to this problem until the Grosvenor Street carpark has been re-developed? Response from Director Engineering and Open Space Report drafted for 13 October Council Meeting.

36. Q03: By Councillor Clare - 11/08/14 (Min. No. 346 - 18/08/14)

Re: Agreements with Real Estate Agencies

Has council entered into any preferred supplier agreements with real estate agents? If so, are there any issues with marketing materials, including a flyer which was widely distributed in the LGA, by McGrath which includes a testimonial from the Mayor in her official capacity? Did McGrath Neutral Bay seek authorisation from Council for the endorsement of their provision of real estate services to the Mayor? Was the Mayor, in her role as holding civic office, paid (in cash or in kind) to provide a testimonial to McGrath's or for the advertorial that appeared in the Mosman Daily on 3 April 2014, page 46?

COUNCIL – 15/09/14 Questions (28)

Response from Director Engineering and Property Services

No, Council has not entered into any preferred supplier agreements with Real Estate agents. Council has not been contacted by McGrath Neutral Bay regarding the advertorial that was posted in the Mosman Daily on 3 April 2014. Council's Property Portfolio is managed by Colliers International who have also confirmed they were not contacted by the Real Estate agents and they also confirmed that they don’t have any preferred supplier agreements with Real Estate agents. Response from McGraths Neutral Bay The Managing Director of McGraths Neutral Bay provided the following written response on 1 September 2014: 1. Being a personal testímonial for Nigel Mukhi the acting agent was unaware that authorisation was required by council. 2. No the Mayor was not paid in cash nor did she receive any entitlements for providíng a testimonial to Nigel Mukhi or for the editoríal which appeared in the Mosman Daily.

37. Q04: By Councillor Baker - 12/08/14 - (Min. No. 347 - 18/08/14)

Re: Abandoned vehicle in Crows Nest Was a Council vehicle abandoned in Crows Nest in early August? If so, what were the circumstances of such abandonment and did it interfere with the operation of any businesses or residences in Crows Nest? Response from General Manager Part 1 question- Was a Council vehicle abandoned in Crows Nest in early August? Part 1 response - A Council vehicle was left unattended and parked in a private parking space in the evening of the 1/8/2014 until the morning of the 4/8/2014. Council staff remain unaware as to the reasons for this Council vehicle being left in this location for that period of time. Part 2 question- If so, what were the circumstances of such abandonment and did it interfere with the operation of any businesses or residences in Crows Nest?

Part 2 response - The vehicle is owned by North Sydney Council and the Mayor is the custodian of the vehicle as per the Mayor and Councillors Benefits Policy. Based on the normal use and meaning of the word "abandoned" such as "leaving, deserting or giving-up control of", the following represents a brief outline of events that Council is aware of:

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3/8/14 - Council received a message from the local police via our 'after-hours service' that a Council vehicle was parked illegally in a private car space in Crows Nest from 7:00pm 1/8/14

- A Council Ranger responded to this message and attended the site. Nothing could be done as the Ranger did not know the custodian of the vehicle nor had access to the spare keys. 4/8/14 - Council received an email from a Crows Nest Business who advised that one of our vehicles had parked in their private parking space from the evening of 1/8/14. The customer also advised that it had "totally affected my normal trading during my busiest trading period which is the whole weekend". This complaint was referred to Ranger Services the same day and then referred onto Engineering Services. - On receipt of the message from the 'after-hours service' Council's Engineering staff retrieved this vehicle using their spare keys, repaired a flat tyre and returned the vehicle to the Council Chambers car park on that same day. 7/8/14 - An Engineering Services officer apologised in writing to the customer. 18/8/14 - The matter was raised as a Matter of Urgency at the Council meeting of 18 August 2014. 19/8/14 - The Mayor contacted and questioned the Manger of Ranger and Parking Services. The Mayor also contacted and questioned the Fleet and Parking Station Manager. This interaction and the nature of the questioning of Council staff is currently subject to further inquiry. A memorandum was sent to the custodian of the vehicle on 26/8/14. The response to which, dated 27/8/14, is outlined below. The response from the Mayor dated 27/8/14 to the QwN02 is as follows: " My answer is The General Manager should have informed the Council Meeting that the car had not been abandoned. The General Manager should have provided Council with the following correct information regarding abandoned vehicles; "when a vehicle is left unattended and unregistered on any public road or other Council property, Rangers will advise the last registered owner by a formal 'Notice of Intention to Impound' that it must either be re-registered within a prescribed period or removed to private property. If the last registered owner fails to comply with the Notice the vehicle will be deemed at law to be abandoned and impounded or destroyed."

COUNCIL – 15/09/14 Questions (30)

The General Manager should have informed the meeting that the car had a flat tyre. These simple initiatives by The General Manager would have diverted inaccurate coverage by the media.

38. Q05: By Councillor Beregi - 16/07/14 (Min. No. 296 - 21/07/14, Min. No. 349 – 18/08/14)

Re: ALGA Conference  

Could Council please be advised as to how the Mayor, as our only voting delegate, voted on each of the 42 motions moved at the recent ALGA conference? Response from Mayor Gibson

There was no formal voting mechanism in place and individual votes were not recorded by ALGA. Voting was done in public view by holding up a card. The GM and the other Councillors who attended the conference were in a position to witness the voting. Council Resolution 18/08/14: 3. THAT the response to Q04 be referred to the General Manager for the vote on items for which he was present. Response from General Manager The Mayor only sat with me for a short period then left and sat out of my view with Willoughby Councillors. I could not see how she voted.

QUESTIONS WITHOUT NOTICE