Council Chambers
16 November 2017
The 3697th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at
7.00pm on Monday, 20 November 2017. The agenda is as follows.
ADRIAN PANUCCIO
A/GENERAL MANAGER
North Sydney Council is an Open Government Council. The records
of Council are available for public viewing in accordance with this
policy, with the only exception being made for certain confidential
documents such as legal advice, matters required by legislation not to
be divulged, and staff matters.
APOLOGIES/LEAVE OF ABSENCE
ACKNOWLEDGEMENT OF COUNTRY
IDENTIFICATION OF MATTERS BROUGHT FORWARD -
CONFIRMATION OF MINUTES of the previous Meeting
DECLARATIONS OF INTEREST
MATTERS REFERRED TO COUNCILLOR INSPECTIONS
MINUTES OF THE MAYOR
DETERMINATION OF MATTERS BROUGHT FORWARD -
RESCISSION MOTIONS of which due notice has been given
REPORTS from Officers of Council
CORRESPONDENCE to be read, and if necessary ordered upon
MOTIONS of which due notice has been given
QUESTIONS of which due notice has been given
QUESTIONS without notice.
COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR
INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT
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Cr StephenBARBOURTUNKS WARD
DIRECTORCommunity &
Library ServicesMr Martin ELLIS
DIRECTOREngineering &
Property ServicesMr Duncan MITCHELL
DIRECTOROpen Space &
Environmental Services
Mr Robert EMERSON
DIRECTORCity Strategy
Mr Joseph HILL
MANAGERS A/CHIEF OPERATING
OFFICERMr Ross
McCREANOR
Cr Zoë BAKERWOLLSTONECRAFT
WARD
COUNCIL OFFICERS
MAYORCr Jilly GIBSON
ACTING DIRECTORCorporate Services
Ms Sandra MOORE
PUBLIC GALLERY
ACTING GENERAL MANAGER
Mr Adrian PANUCCIO
Cr TonyCARR
TUNKS WARD
Cr JessicaKEEN
VICTORIA WARD
Cr KathrynBRODIEVICTORIA
WARD
Cr MaryAnnBEREGI
VICTORIA WARD
Cr Ian MUTTONWOLLSTONECRAFT
WARD
Cr SamuelGUNNING
WOLLSTONECRAFTWARD
Cr AlanyaDRUMMOND
TUNKS WARD
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COUNCIL MEETINGS
Explanatory Notes for Members of the Public Attending Meetings
1. Council meetings comprise the full membership of the Council with a quorum of six Councillors. Ordinary Council meetings consider reports from all Divisions of Council. 2. The Chairperson shall be the Mayor or, in her absence, the Deputy Mayor. 3. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers. 4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8100) 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. Items brought forward will be considered in the order that they appear on the agenda 5. As the Chairperson calls the brought forward items on the Agenda, speakers are invited to take their place at the foot of the Councillors’ table. When you are called to speak, you must identify yourself by name 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 and 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. • Members of the public are asked not to make insulting or defamatory statements, and
to take care when discussing other people’s personal information (without their consent).
7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter.
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COUNCIL MEETINGS
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. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. All Council meetings are also webcast via the internet. Members of the public are advised that if they address Council their voice will form part of the webcast but they will not appear on camera. Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at Council Offices or Stanton Library.
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TO: The Mayor, Jilly Gibson, in the Chair, and Councillors Baker, Barbour, Beregi,
Brodie, Carr, Drummond, Gunning, Keen and Mutton.
SUBJECT: 3697th MEETING OF COUNCIL TO BE HELD ON MONDAY, 20
NOVEMBER 2017
THAT THE MINUTES of the previous 3696th Council Meeting held on
Monday, 20 November 2017 be taken as read and confirmed.
DECLARATIONS OF INTEREST
MINUTES OF THE MAYOR
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REPORTS
General Manager’s Office
1. GMO01: Matters Outstanding
Report of Adrian Panuccio, Acting General Manager
A report on the current status of matters arising from Council resolutions up to
the meeting of 30 October 2017 is presented.
Recommending:
1. THAT the report be received.
2. GMO02: Code of Conduct Statistics Report
Report of Ross McCreanor, Chief Operating Officer/Complaints Coordinator
In accordance with Council’s Code of Conduct - Councillors and Staff,
Council’s Complaints Coordinator must report on a range of complaints
statistics to the Council and to the Office of Local Government by 31 December
2017 for the period 1 September 2016- 31 August 2017.
Costs incurred through the administration of the code of conduct is down from
$81,493 in the previous reporting period to $14,102. Further, the number of
code of conduct complaints received is down from 10 in the previous reporting
period to 4.
Recommending:
1. THAT the Code of Conduct Statistics Report be received.
3. GMO03: North Sydney Council Annual Report 2016/17
Report of Katrina Furjanic, Corporate Planning Coordinator
Council’s Annual Report for the financial year ended 30 June 2017 has been
completed in accordance with section 428 of the Local Government Act 1993,
the Local Government (General) Regulation 2005 (Part 9, Division 7) and the
Office of Local Government’s Integrated Planning and Reporting Guidelines.
Recommending:
1. THAT the report be received.
4. GMO04: Integrated Planning and Reporting Framework
Review
Report of Jenny Gleeson, Manager Integrated Planning and Special Projects and
Katrina Furjanic, Corporate Planning Coordinator
In accordance with legislative requirements North Sydney Council must review
its Integrated Planning and Reporting Framework consisting of the Community
Strategic Plan, Delivery Program and Resourcing Strategy. Each newly elected
council must complete the review by 30 June in the year following the local
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government elections and roll the planning period forward. Council must
prepare a:
a) Community Strategic Plan - with minimum 10-year view.
b) Delivery Program - three years not four years to align with the current term
of council and the next scheduled local government elections.
c) Resourcing Strategy - with minimum 10-year view.
The purpose of this report is to:
a) advise the Council of its responsibilities in reviewing its Integrated Planning
and Reporting Framework; and
b) seek endorsement of the Community Engagement Strategy proposed for the
review of the Community Strategic Plan. The strategy outlines the proposed
engagement process and timeframe.
Funds are allocated in the adopted 2017/18 Budget to undertake the review of
the Integrated Planning and Reporting Framework Review.
Funding for the project is appropriate.
Recommending:
1. THAT Council notes the preparation timetable for the review of the
Community Strategic Plan which is also applicable to the review of the other
components of Council’s Integrated Planning and Reporting Framework.
2. THAT Council endorses the Community Engagement Strategy for the review
of the Community Strategic Plan.
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City Strategy Division
5. CiS01: Planning Proposal 3/17 – 24 Cranbrook Avenue,
Cremorne – Update
Report of Ben Boyd, Executive Strategic Planner
On 24 July 2017, Council resolved to adopt Planning Proposal 3/17 which
sought to identify 24 Cranbrook Avenue, Cremorne as a heritage item under
North Sydney Local Environmental Plan 2013 (NSLEP 2013) and forward the
Planning Proposal to the Department of Planning and Environment (DPE) in
order to receive a Gateway Determination.
The Minister for Planning issued a Gateway Determination on 29 August 2017,
permitting the Planning Proposal to be placed on public exhibition. The
Gateway Determination was also accompanied by written authorisation to
exercise the plan making functions of the Minister for Planning under s.59 of
the Environmental Planning and Assessment Act 1979 (EP&A Act). This
allows Council, following final endorsement, to liaise directly with
Parliamentary Counsel and to make the amendment.
On 30 October 2017, Council considered a post exhibition report in relation to
the Planning Proposal, wherein it resolved to forward the Planning Proposal
unamended to Parliamentary Counsel with a request that an LEP be made giving
effect to the Planning Proposal.
On 9 November 2017, the DPE revoked Council’s written authorisation to
exercise the plan making functions of the Minister for Planning. This report
addresses that revocation.
Nil.
Recommending:
1. THAT Council write to the Department of Planning and Environment to:
(a) outline the potential implications if they do not make a determination before
28 February 2018 in relation to the Planning Proposal and impending Land and
Environment Court proceedings; and
(b) Object to the inference that Council has not followed due process in its
consideration of the Planning Proposal.
6. CiS02: Sydney North Planning Panel - Membership
Nomination 2017-2018
Report of Vera Xia, Student Strategic Planner
On 30 October 2017, Council considered a report in relation to the nomination
of members to the Sydney North Planning Panel for the 2017-2018 period.
Council resolved to nominate Councillor Drummond and Councillor Mutton,
with Councillor Barbour as an alternative, to represent North Sydney Council
on the Panel.
On 6 November 2017, both Councillors Drummond and Mutton advised the
General Manager that they were unable to fulfil their commitment to the role
and withdrew from their appointment.
As a result, this report seeks a decision regarding Council’s Planning Panel
membership for the coming year. It is recommended that Council endorses two
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Councillors as members on the Panel and an additional Councillor as an
alternate, with membership reviewed in 12 months’ time.
Nil.
Recommending:
1. THAT Council nominate two (2) Councillors with at least one (1) further
Councillor nominated as an alternative to represent North Sydney Council on
the Sydney North Planning Panel.
2. THAT the Panel membership be reviewed in 12 months’ time.
7. CiS03: Draft Amendment to NSDCP 2013 –
Undergrounding of Overhead Cables
Report of Vera Xia, Student Strategic Planner
On 30 October 2017, Council considered a post exhibition report (refer to
Attachment 1) in relation to the draft Undergrounding Overhead Cables Master
Plan and draft amendment to North Sydney Development Control Plan 2013
(NSDCP 2013). That report recommended:
1. THAT Council note the results of the exhibition of the draft Master Plan and
draft DCP amendment.
2. THAT Council adopt the Undergrounding Master Plan as amended,
following Attachment 2 to this report.
3. THAT Council adopt the draft amendment to NSDCP 2013 unamended,
following Attachment 3 to this report.
4. THAT public notice of the amendments to NSDCP 2013 be given.
5. THAT Council adopt a new standard condition of consent that requires the
surveying of undergrounding infrastructure when undergrounding works are
carried out in the public domain.
6. THAT all submitters be notified of Council’s decision and thanked for their
submissions.
Council subsequently resolved to adopt all of the recommendations except
No.3. This resulted in the amendment to NSDCP 2013 not being adopted.
Accordingly, this report seeks to adopt the draft amendment to NSDCP 2013
(refer to Attachment 3 in the previous report) unamended, such that the intent
of undergrounding cables can be implemented in a more co-ordinated manner.
Nil.
Recommending:
1. THAT Council adopt the draft amendment to NSDCP 2013 unamended.
2. THAT public notice be given of the amendment to NSDCP 2013.
8. CiS04: Public Art Masterplan - Status Update
Report of Jenny Gleeson, Manager Integrated Planning and Special Projects
This report deals with five inter-related matters concerning public art in the
North Sydney local government area. These are:
a) proposed amendments to the existing North Sydney Public Art Trail -
recommending that the following sites be removed from the existing Art Trail,
as Site 4 at Quibaree Park is no longer suitable due to recent landscaping works
undertaken by Council; and the owner’s consent has never been received for
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Site 11, the Wheeler Lane building facade. Leaving one gap in the existing Art
Trail, being Site 7 at St Peters Park;
b) under Development Application 96/2015, Council complete Site 7 of the
North Sydney Public Art Trail by undertaking an Expressions of Interest process
for which funding has been included in the adopted 2017/18 Operational
Plan/budget;
c) notification that the offer from Sculpture by the Sea, to accept the 2016, 2017
and 2018 winners of that competition, has been withdrawn;
a summary of the key findings of the Development Application 169/2017
submissions; and
d) a Public Art Masterplan (inclusive of the North Sydney Public Art Trail and
review of Council’s Public Art Policy) be prepared in place of a North Sydney
Public Art Trail Masterplan, and that the project be included in the next Delivery
Program and budget.
Addressing the above matters is a necessary first step in progressing the
undertaken of a Public Art Masterplan for the North Sydney local government
area.
$150,000 has been allocated in the adopted 2017/18 Operational Plan/budget
for the St Peter’s Park site. A budget for a whole of local government area
Public Art Masterplan is proposed for consideration in 2018/19.
Funding for the project is appropriate.
Recommending:
1. THAT the following sites be removed from the existing North Sydney Public
Art Trail:
a) Site 4 at Quibaree Park, Lavender Bay which is no longer suitable due to
recent landscaping works undertaken by Council; and
b) Site 11 at Wheeler Lane, (12 Mount Street) for which owner’s consent has
not been received.
2. THAT Council, under Development Application 96/2015, complete the
North Sydney Public Art Trail by undertaking an Expressions of Interest process
for Site 7 in St Peters Park.
3. THAT Council notes that the offer by Sculpture by the Sea to Council to
accept the 2016, 2017 and 2018 winners of that competition, has been
withdrawn.
4. THAT Council notes the key findings of Development Application 169/2017
submissions.
5. THAT a Public Art Masterplan (inclusive of the North Sydney Public Art
Trail) be prepared in place of a North Sydney Public Art Trail Masterplan, and
that the project be included in the next Delivery Program and budget.
9. CiS05: Easy to do Business
Report of James Marshall, Economic Development Coordinator
The purpose of this report is to seek approval from Council to participate in the
NSW Government’s Easy to do Business program. The program brings
agencies, local councils and industry bodies together to make the process of
opening or expanding a small business simpler and faster. The current focus of
the program is on cafes, small bars and restaurants.
The financial implications are minor.
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Recommending:
1. THAT North Sydney Council resolves to participate in the NSW
Government’s Easy to do Business program.
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Community & Library Services Division
10. CLS01: May Gibbs’ Nutcote Joint Plan of Management
2017-19 and New Constitution
Report of Martin Ellis, Director, Community and Library Services
Council’s policy for aligning the activities of its community facilities with
Council’s overall purposes is for the development of Joint Plans of Management
(JPoMs). Following public exhibition of its Strategic Plan 2017-19 in
September 2017, the Nutcote Trust Board has provided the plan to Council now
to be included in the JPoM.
Concurrently with this, Council has been guiding the Board in updating the
Nutcote Trust Pty Ltd’s 1990 Constitution.
The Constitution of Nutcote Trust Pty Ltd (ACN 003 963 148) was approved
by the shareholders at the Annual General Meeting on 24 October 2017.
Recommending:
1. THAT the draft May Gibbs’ Nutcote Plan of Management 2017-2019 be
placed on Public Exhibition for 28 days.
2. THAT should Council receive substantive submissions a further report be
prepared. Should Council receive no substantive submissions it considers the
May Gibbs’ Nutcote Plan of Management 2017-2019 as adopted after the period
closes.
3. THAT Council notes the Constitution of Nutcote Trust Pty Ltd (ACN 003
963 148) is in force.
4. THAT Council resolves to have the A/General Manager’s share in Nutcote
Trust Pty Ltd (ACN 003 963 148) be transferred to North Sydney Council.
5. THAT in the event either or both the General Manager and Director,
Community and Library Services are unable to attend general meetings of the
Nutcote Trust, the Manager Library Services and the Council Historian be
granted delegation to vote on Council’s behalf.
11. CLS02: Library Matters – Shorelink Deed and Don Bank
Launch
Report of Rebecca Aukim, Manager, Library Services
This report also provides information on the new Shorelink Deed, the Library’s
2016/17 Annual Report and Launch of the Don Bank Exhibition – Don Bank:
The Story of a House.
Lane Cove, Mosman and North Sydney Councils have agreed on a new Deed
of Agreement to carry the Shorelink Library Network into 2018/19 and beyond.
This follows Willoughby Council’s decision to withdraw from the Network (to
stand alone) in November 2017 and Manly Council’s decision to withdraw in
June 2018 in order to share its Library databases with Warringah and Pittwater
Councils in the newly formed Northern Beaches Library Service.
North Sydney’s contribution for 2018/19 is estimated at $125,094; an increase
of $6,498 over 2016/17, attributable mainly to the two Councils’ withdrawing.
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Recommending:
1. THAT Council authorise its Official Seal to be affixed to the Shorelink Deed
of Agreement 2017 under the signature of the Mayor and the General Manager.
2. THAT Council receives the Stanton Library Annual Report 2016/17.
12. CLS03: McMahons Point Community Preschool and Early
Learning Centre Playground
Report of Martin Ellis, Director, Community and Library Services
As part of a review of Children’s Services in Council buildings and their
playgrounds, a sketch design and estimate of costs for refurbishment of the
playground of McMahons Point Community Preschool and Early Learning
Centre has been commissioned from Architects of Arcadia’s Fiona Robbe. This
architect is a long serving member of the International Playground Standards
committee and the designer of Cammeray Children’s Centre’s playground.
The Centre’s playground is a most difficult site and unquestionably the least
well-presented of all Council’s playgrounds within community facilities. It is
non-compliant in many respects (significantly sloping, uneven surface and
concrete path running through it being some of its most obvious deficiencies).
This gives the staff no alternative but to arrange the play equipment in ways that
are not developmentally ideal for the children. Its one unusual aspect (large
concrete footbridge passing over it), has been considered by the architect as a
unique feature, one that can allow for innovative and changeable play structures
to be suspended from it.
The minor refurbishment of the playground originally envisaged for this year is
no longer appropriate and therefore not recommended. An estimate of probable
costs for an upgrade to bring the playground into compliance has been received
from the Architect.
The additional funds required for this refurbishment can be funded from unspent
S.94 Child Care contributions. However, this will reduce the potential pool of
funds available for children’s services in the 2018/19 capital works program.
Recommending:
1. THAT Council seek Tenders for a refurbishment of the McMahons Point
Community Preschool and Early Learning Centre playground as outlined in the
report.
13. CLS04: Community Arts: Guringai Festival 2017 and the
Children’s Festival 2017
Report of Martin Ellis, Director, Community and Library Services
Two of the highlights of the 2017 Community Arts Calendar have now been
completed (the Regional Guringai Festival with an unveiling on 8 November
2017 of the Mater Hospital work celebrating the healing influence of Indigenous
culture); and the culmination of a week’s long program of children’s art
activities at the Children’s Festival on Saturday 4 November 2017.
Both Festivals were completed within budget.
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Recommending:
1. THAT staff revisit the program of events for the culmination of the
Children’s Festival in Civic Park 2018, with a view to reinstating traditional
activities.
14. CLS05: James Milson Village Overview and 2016/17 Annual
Report
Report of Martin Ellis, Director, Community and Library Services
The vital importance of the not for profit James Milson Village in North
Sydney’s community infrastructure was recently reinforced by the State
Government purchase of the old Georgian House site opposite Council on the
corner of McLaren and Miller Streets (for a Metro entrance). This site had an
approved DA for a new Aged Care facility to be managed by Uniting Care that
would have closed the gap between the needed number of aged care beds
required in North Sydney and those currently provided. JMV is currently the
only affordable Aged Care facility in North Sydney. Its existence is largely due
to the foresight of North Sydney Council, founder and still part owner of the
site.
Following a Governance Review in 2016 commissioned by Council jointly with
the Village, Council sought expressions of interest from the community to
nominate for the Board. The Village’s catchment is North Sydney Mosman,
Lane Cove and Willoughby. Locals, Sarah Kennington and Ally Murphy were
selected from a short list and have now joined the Board for 2017/18. The
former has Aged and Pastoral Care experience and the latter extensive
experience at a senior level in managing modern aged care facilities.
Recommending:
1. THAT the report be received.
15. CLS06: Australia Day Community Awards 2018
Report of Jess Gledhill, Arts and Cultural Programs Officer
North Sydney Australia Day Community Awards will be held in conjunction
with the Citizenship Ceremony on Friday 26 January 2018. The awards will be
presented by the Mayor of North Sydney, Jilly Gibson and the Australia Day
Ambassador (to be announced). North Sydney’s community awards form part
of the awards program co-ordinated by National Australia Day Council in
partnership with local governments and the Electoral Office.
The related financial implications are negligible. The associated costs are
provided for in the 2017/18 estimates.
Recommending:
1. THAT Council supports the selection of three Australia Day Community
Award Winners – Citizen of the Year, Young Citizen of the Year and
Community Group/Event of the Year.
2. THAT Council write acknowledging at a suitable time the unsuccessful
nominees who have also made substantial contributions to our community.
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Corporate Services Division
16. CoS01: 2018 Schedule of Meetings
Report of Ian Curry, Manager Governance and Committee Services
At its meeting on 9 October 2017, Council considered a report regarding
Reconstitution of Council Committees and Reference Groups and resolved, in
part:
3. THAT Council review its Committee, Reference and Working Group structure
early in 2018.
The schedule for all Council and selected Committee meetings has been
developed for 2018 in light of this resolution. Dates for the current Governance
Committee and Legal and Planning Committees, being Council’s standing
committees, have been included in 2018 schedule.
Related financial implications include staff costs. The spread of ‘ordinary hours’
under the Local Government (State) Award 2010 are from 6am to 6pm. Hours
worked outside this spread of hours are payable at the overtime rate. The
overtime rate of pay is time-and-a-half for the first two hours and double time
after that. Employees may elect to take Time in Lieu instead.
This clause does not apply to Senior Staff (as defined in the Local Government
Act 1993) nor to those employees engaged under the Award in the Executive
Classifications (Band 4) where the following applies:
“Employees engaged in Executive Band 4 may be required in addition to their
ordinary hours, to attend meetings of Council and standing and/or special
committee meetings. For the purpose of this subclause an employee who is
required to attend these meetings may be entitled to claim overtime for actual
hours worked after 11pm”.
Recommending:
1. THAT Council adopt the 2018 Schedule of Meetings.
2. THAT an updated Schedule of Meetings for 2018 be prepared following the
review of Council’s Committees, Reference Groups and Working Groups.
17. CoS02: Audit and Risk Committee - Appointment of
Independent Representatives
Report of Sandra Moore, Acting Director Corporate Services
The Charter for Council’s Audit and Risk Committee provides for the
appointment of two independent community members, one of whom is the
Chair, the Deputy Mayor and another Councillor.
The appointment of the two independent members, Mr John Gordon and Mr
Ron Switzer (Chair) expires in December 2017 and this report seeks their
reappointment for a fixed term. During this time, the two positions will be
advertised with a view to appointing one representative to commence in 2019
and the other to commence in 2020.
This matter was on the agenda for the Governance Committee on 6 November
2017 however as that meeting did not proceed due to the lack of a quorum, it is
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reported directly to Council as appointments need to be confirmed for next year
in order to have a quorum for the Audit and Risk Committee.
The independent members are paid $500 per meeting.
Recommending:
1. THAT Council extend the appointment of one Audit and Risk Committee
community representative for another 12 months (to December 2018) and the
other for a further 24 months (to December 2019).
2. THAT the current community representatives determine between themselves
who will take the longer term.
3. THAT expressions of interest be called for two Audit and Risk Committee
community representatives, with a view to appointing one representative to
commence in 2019 and the other to commence in 2020.
18. CoS03: Receiving Rates Notices by Email
Report of Sharon Mills, Manager Revenue Services
At its meeting of 24 July 2017, Council considered a Mayoral Minute regarding
this matter and resolved:
1. THAT Council endorse efforts to make rates instalment notification available
by email.
2. THAT a report on the current status of these efforts be prepared for Council.
This report provides a brief summary of the progress to date and the potential
savings as ratepayers take up the option for receiving an emailed rate notice. As
at 8 November 2017, Council had received 826 registrations, representing 2.1%
of our ratepayers.
There are potential savings of $100,000 per year, depending on the proportion
of ratepayers who register for an electronic rates notice.
Recommending:
1. THAT the report be received.
19. CoS04: Investments and Loan Borrowings Held as at
30 September 2017
Report of Garry Ross, Manager Financial Services
This report provides details of the performance of Council’s investment
portfolio and borrowing limits for the period ending 30 September 2017.
Investment Portfolio:
The portfolio provided an annualised return of 3.48% for the year to date as at
30 September 2017, 1.76% above the reportable benchmark (BBSW Bank Bill
Index). Interest returns remain consistently above the benchmark. This was
attributed to additional funds being made available for investment and prudent
selection and allocation of these funds to the financial institutions which make
up the investment portfolio.
Borrowing Limits:
Council has commenced a $30 million debt facility and as at the reporting date,
has drawn down $9.5 million for capital works projects. Council continues to
monitor interest rate risk whenever it borrows, regardless of whether the interest
rates are fixed or variable.
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Any surplus funds generated in excess of adopted estimates will be transferred
to Council’s internally restricted reserves.
Investments and Loan borrowings funding comply with Council’s Financial
Management Policy.
Recommending:
1. THAT the report be received.
20. CoS05: Financial Statements for the Year Ended 30 June
2017
Report of Garry Ross, Manager Financial Services (Responsible Accounting
Officer)
The Annual statements were prepared, audited and submitted to the Division of
Local Government on 31 October 2017. The reports have been on public
exhibition and Council has not received any submission as to the contents of the
reports.
Council has received an unqualified audit report.
Please find attached the audited Financial Statements for the year ended 30 June
2017. The document consists of the following four sections:
Section I – Executive Summary;
Section II – General Purpose Financial Statements;
Section III – Special Purpose Financial Statements; and
Section IV – Special Schedules.
The operating result for the year was a surplus from continuing operations of
$27.4 million. This result includes capital grants and contributions of $18.5
million and unrealised (non-cash) capital gains of $5.2 million in the value of
Council’s investment properties.
The audited 2017 Financial Statements have been presented to the Audit and
Risk Committee and at the Councillors Workshop – Finance.
Recommending:
1. THAT under Section 413(1) of the Local Government Act, 1993, the
Financial Statements for the year ended 30 June 2017 be received.
21. CoS06: Quarterly Budget Review - September 2017
Report of Darren Goode, Accounting Services Manager
The purpose of this report is to inform Council of the results of the review of
the budget for the quarter ended 30 September 2017 and to seek approval to
make the necessary adjustments to the 2017/18 budget to reflect the current
projected estimates of income and expenditure for the year.
The net effect of the adjustments to the 2017/18 revised budget outlined in this
report was the budget remaining in a balanced position at the end of the
September quarter with net transfers from reserves and available working
capital of $29.3 million.
Recommending:
1. THAT the Quarterly Budget Review Statement – September 2017 report be
received.
2. THAT the recommended adjustments to the 2017/18 budget be adopted.
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COUNCIL - 20/11/17 EPS (14)
Engineering & Property Services Division
22. EPS01: Council Owned/Leased Properties: Leasing
Transactions
Report of Risha Joseph, Property Officer
A report is submitted regarding the leasing transactions for Council’s owned
and leased properties, for the period ending 9 November 2017.
Rental income to Council will be received in the Property Budget.
Recommending:
1. THAT Council notes the leasing transactions, which are detailed in
‘Attachment A’ of this report.
2. THAT Council hereby authorises its Official Seal to be affixed to the legal
instruments necessary to implement the proposed leasing transactions which are
noted in “Attachment 1” of this report, under the signature of the Mayor and the
General Manager.
23. EPS02: Mitchell Street Plaza - Dedication as Public Road
and Lease to Roads and Maritime Services
Report of Risha Joseph, Property Officer
Mitchell Street Plaza serves as a ‘Through Site Link’ connecting Atchison Street
to Pacific Highway in St. Leonards. Located within Mitchell Street Plaza is a
‘substation’ in the ownership of the Roads and Maritime Services. It is
understood that the ‘substation’ is used as a storage facility for equipment that
provides power to the traffic lights to the local area.
A comprehensive search of the subject site confirmed that it is still in private
ownership. The parcel of land appears to be the residue of a private subdivision
filed at the Land and Property Information as Deposited Plan 2872, circa 1892.
Council has met the criteria to formally dedicate the subject site as a public road.
Once dedicated Council can pursue a lease with the Roads and Maritime
Services.
Council has the necessary funds to undertake this project.
Recommending
1. THAT Council resolves to dedicate the subject portion of Mitchell Street
which connects Atchison Street to Pacific Highway, St Leonards as a public
road.
2. THAT Council resolves to make further representations to secure a lease with
the Roads and Maritime Services for the ‘substation’ located on the subject site
and delegated authority be granted to the Acting General Manager to negotiate
the terms and conditions of the lease.
3. THAT each party be responsible for the payment of their own legal costs.
4. THAT Council hereby authorises its Official Seal to be affixed to the legal
instruments necessary to implement the finalisation of all documents under the
signature of the Mayor and the General Manager.
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24. EPS03: Rowlison Parade Footpath Replacement
Report of Jon Higlett, Engineering Infrastructure Manager
At its meeting on 21 June 2017, Council resolved to adopt the following
Councillor Question with Notice and refer it to the relevant officer for a
response:
Why has the footpath on The Boulevarde, Cammeray, at Rowlison Parade, been
closed off from pedestrian use and what would be the cost and logistics in
relation to reinstating the footpath, taking into account safety concerns?
This report details the reasons behind the decision and details a proposal to
replace this footpath in a new location that better serves the users of the
pedestrian path.
The financial implications are outlined within the report.
Recommending:
1. THAT this proposal be designed, costed and submitted to the Traffic
Committee for comment and endorsement.
2. THAT this proposal be considered for funding as part of Council’s Footpath
Construction Program in 2018/19.
25. EPS04: Pacific Highway Paving Public Domain Upgrade –
Tender 10/2018
Report of Adam Deutsch, Project Manager
Tenders were called and were received until 4:00pm, 17 October 2017 for the
submission of tenders to undertake Pacific Highway Paving Public Domain
Upgrade – 10/2018.
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 is included in the adopted 2017/18 budget.
Funding for the project is appropriate.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
10/2018 for Pacific Highway Paving Public Domain Upgrade.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
10/2018 under 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.
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Open Space & Environmental Services Division
26. OSE01: North Sydney Olympic Pool Vinyl Liner
Replacement – Tender No. 6/2018
Report of Norman Boyle, Manager, North Sydney Olympic Pool
The Tender was advertised for the second occasion with no tenders being
received.
Funding for this project was included and adopted in the 2017/18 budget.
Recommending:
1. THAT Council resolve to enter into direct negotiation with suitable
contractors for the North Sydney Olympic Pool Vinyl Liner Replacement.
2. THAT authority be delegated to the General Manager to negotiate with
suitably qualified contractors and enter into a contract for the North Sydney
Olympic Pool Vinyl Liner Replacement works.
3. THAT Council resolve to negotiate to undertake these works in Winter 2018.
27. OSE02: Professional Swimming Coaching Rights, North
Sydney Olympic Pool – Tender No. 7/2018
Report of Norman Boyle, Manager North Sydney Olympic Pool
The current contract for the professional swimming coaching rights concludes
on 31 December 2017.
Consequently a new tender (7/2018) for these rights was offered and advertised
from 29 August to 26 September 2017.
This report seeks Council’s acceptance of the tender of the highest ranked
Tenderer for Contract No. 7/2018.
In order for Council to discuss the content of this Commercial in Confidence
report it will be necessary to close the Council meeting to the public.
Income generated from the Professional Swimming Coaching Rights is
included in the resolved 2017/18 budget.
Recommending:
1. THAT Council accept the tender from the highest ranked Tenderer for
Tender 7/2018 for the Professional Swimming Coaching Rights, North Sydney
Olympic Pool.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
7/2018 under the signature of the Mayor and the General Manager.
3. THAT information relating to the successful tender be published in Council’s
Register of Contracts as required by Government Information (Public Access)
Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.
28. OSE03: Small Water Craft Storage Strategy Discussion
Paper – Post Exhibition
Report of Megan White, Landscape Architect/Planner
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North Sydney Council is developing a Small Water Craft Storage Strategy
(SWCSS) to ensure that in the future, water craft stored on public land on the
harbour foreshore are managed effectively and equitably, for the benefit of
water craft owners, and for the convenience and enjoyment of the wider
community who wish to access and use North Sydney’s foreshore parks for
recreation. At its meeting of 22/05/17, Council endorsed public exhibition of
the SWCSS Discussion Paper.
The SWCSS Discussion Paper sets out Council’s aims, objectives and a series
of principles that will guide the future of privately-owned water craft stored on
publicly-owned land around the North Sydney foreshores. It aims to provide
residents, ratepayers, stakeholders and the wider community with an
understanding of these objectives and principles, and to provoke thought and
generate discussion about current issues with small water craft storage in North
Sydney.
Public exhibition of the Discussion Paper for a period of 10 weeks has provided
the many interested community members and other stakeholders with an
opportunity to contribute ideas, and offer thoughts and suggestions about the
future of small water craft storage in North Sydney. By the time the (extended)
public exhibition period concluded on 28 August 2017, a total of 40 submissions
had been received. Although the submission period has closed, the Discussion
Paper is still available for viewing on Council’s website.
Community and stakeholder feedback has been organised into 6 Key Themes.
The feedback received will now be used to develop a draft Small Water Craft
Storage Strategy. It is planned to then publicly exhibition this draft Strategy to
allow further opportunities for the community and stakeholders to have input
into it, prior to finalisation.
Nil.
Recommending:
1. THAT the information contained in this report be posted on the ‘Small Water
Craft Storage’ page on Council’s website.
2. THAT a draft Small Water Craft Storage Strategy be prepared for public
exhibition.
29. OSE04: St Leonards Park Landscape Master Plan –
Progress Update
Report of Megan White, Landscape Architect/Planner
This report provides information about the ongoing development of a
Landscape Master Plan for St Leonards Park. It sets out the overall project
process, and provides details about the public engagement that has taken place
so far, and its outcomes. The first 3 Stages in the 5-Stage Landscape Master
Plan process are now complete, and the draft Landscape Master Plan for St
Leonards Park is now ready for general public exhibition.
Nil.
Recommending:
1. THAT Council endorse public exhibition of the draft Landscape Master Plan
for St Leonards Park for a period of ten weeks.
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30. OSE05: Wendy Whiteley Secret Garden Trust
Report of Rob Emerson, Director Open Space & Environmental Services
The beautification lease for the Wendy Whiteley Secret Garden was executed
on 28 February 2016. At the time of executing the lease it was determined that
the Council and the NSW Government Department of Premier and Cabinet
would work in collaboration to create a charitable trust arrangement to assist
with the funding and management of the garden into the future.
The Charitable Trust Deed has now been completed and North Sydney Council
is the appointed Trustee.
Council will allocate the money it receives from booking and hire fees for social
events and filming in the Wendy Whiteley Secret Garden (approximately
$15,000 per annum) to the Trust annually.
Recommending:
1. THAT Council resolves to be the Trustee of the Wendy Whiteley Secret
Garden Trust.
2. THAT the Charitable Trust Deed be adopted by Council.
3. THAT Council authorise its Official Seal to be affixed to the Trust Deed
under the signature of the Mayor and the Acting General Manager.
4. THAT Council allocate the money it receives from booking and hire fees for
social events and filming in the Wendy Whiteley Secret Garden (approximately
$15,000 per annum) to the Trust annually.
5. THAT Council celebrate the milestone of the long term lease with RailCorp
and the finalisation of the of the Wendy Whiteley Secret Garden Charitable
Trust Deed by hosting with Wendy an afternoon tea garden party for the
community and friends of the garden prior to the end of this year.
31. OSE06: Pet Friendly Parks Grants Competition
Report of Kate Bambrick-Browne, Landscape Grants Coordinator
At its meeting of 26 June 2017, Council considered a Notice of Motion by
Councillor Morris and resolved:
“THAT Council identify an appropriate park to upgrade to make more pet
friendly and then apply for a Pet Friendly Park Grant from the Keep Australia
Pet Friendly campaign.”
Council was notified by email on 27 October 2017 of the success in obtaining a
grant of $3,000 towards improvements in dog friendly facilities at St Thomas
Rest Park.
In order to claim the grant from Keep Australia Pet Friendly, evidence is
required prior to 27 November 2017 of a carried motion by Council allocating
at a minimum the matching funds of $3,000.
This report provides details of the grant and application.
The associated costs will be covered by the 2017/2018 budget.
Recommending:
1. THAT Council provide funds of $4,000 in order to meet the terms for the
funding offered under the Keep Australia Pet Friendly, Pet Friendly Parks
Grants Competition for improvements to St Thomas Rest Park.
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32. OSE07: Processing of Kerbside Collected Recyclable
Material - Response to Notice of Motion
Report of Bob Stechiwskyj, Waste Management Officer
Recent media focus has raised concerns about the efficacy of the processing of
kerbside collected recyclable material. The reports suggest that the recycling
industry is in turmoil with materials being stockpiled or landfilled rather than
being processed and recycled.
URM is the incumbent contracted collection services provider for North Sydney
Council. Under the terms of the collection services contract, URM owns and
collects all commingled recyclable material and transports it to Visy at
Smithfield. Visy is one of Australia’s largest recyclers, with an international
footprint. At the Smithfield facility, Visy separates cardboard, paper plastic,
steel, aluminium and glass. Most of the materials recovered are processed by
Visy; the major exception being glass and certain classes of plastics. Whilst
Council does not have a direct contract with Visy, the recycler is an international
company which prides itself on its sustainability credentials and reputation to
ensure it optimises resource recovery. North Sydney Council monitors that all
kerbside recycling collected is transported to Visy for processing through
URM’s monthly performance reports and tipping dockets.
Nil.
Recommending:
1. THAT the report be received.
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COUNCIL - 20/11/17 Correspondence (20)
PETITIONS
Nil
CORRESPONDENCE
Nil
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COUNCIL – 20/11/17 NoM (21)
MOTIONS OF WHICH DUE NOTICE
HAS BEEN GIVEN
33. NoM01: Notice of Motion No. 47/17 by Cr Carr – 7/11/17
Re: Donation of an Historic Piece of Sculptural Significance
1. THAT the Acting General Manager make contact with Mr Peter Keel and
advise him of Council’s interest in exploring the opportunity of accepting the
donation of an historic piece of sculptural significance, titled Pipers Rill.
2. THAT the Acting General Manager undertake the necessary due diligence
(if required) in determining the logistics in relocating the Fountain to temporary
accommodation until a formal site can be determined.
3. THAT Council investigate and identify potential locations that the fountain
can be installed within the LGA and initiate a Councillor briefing to determine
the final location.
4. THAT the final location of the fountain be discussed with Ms Jane Van
Hagen and endorsed prior to any work being undertaken.
5. THAT Council write to Mr Peter Keel and thank him for his kind offering of
donating the Woodward sculpture to the residents of North Sydney.
Background
Council has been approached by a resident who wishes to donate a historic piece
of sculptural significance to North Sydney Council. On acceptance it is intended
that the piece will remain in public hands for perpetuity
Mr Peter Keel (Bank St, McMahons Point) has a Robert Woodward
commissioned architectural fountain on his premises. Mr Keel is currently
looking to sell his property and wishes to donate the unique piece to North
Sydney Council allowing all to be able to enjoy the brilliance and tranquillity
that an additional "Woodward" can bring to the residents of North Sydney. This
donation into public hands comes with the endorsement of the Woodward
family (Jane van Hagen).
Discussions have been initiated with the original installer who can supervise the
relocation. The relocation comes with logistical complexities that need to be
considered prior to a commitment by Council to undertake this potentially
difficult task. This coupled with a feasibility study needs to be undertaken to
determine the most appropriate location and report back to Council with the
findings. I understand that due to time pressures a temporary home will need to
be identified to ensure safe keeping till a formal location is identified and
preparatory work undertaken.
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34. NoM02: Notice of Motion No. 48/17 by Cr Brodie – 15/11/17
Re: Skateboard /Scooter Facilities in North Sydney
1. THAT Council staff prepare a brief report on existing skateboard/scooter
facilities in North Sydney.
2. THAT the report includes an assessment of the current facility in North
Sydney and whether it meets the current demand for skateboarding/scootering.
3. THAT the local users of Cammeray skate park give feedback about what
additional facilities they would like to use and if the current skate park meets
their needs.
4. THAT Council identify any additional sites that might be suitable for a
skateboard/scooter park.
Background
North Sydney has over 25 parks with play equipment for children. These
children grow up but there are limited public facilities for teenagers to use. I
acknowledge that there is St Leonards Park with Planet X Youth drop in centre,
a basketball court and Cammeray Skate Park, all of which are well supported
by the teenage community.
As apartment dwellings increase in our community and backyards become rarer,
teenagers as well as children need access to passive and active spaces. Our local
public schools are all at capacity and we have over 8 private schools. Council
should focus on additional facilities for the teenage kids in the area. I would like
to see them consulted as to what they would like to see in the area.
35. NoM03: Notice of Motion No. 49/17 by Cr Beregi – 15/11/17
Re: Pedestrian Crossing - Yeo Street
1. THAT Council proceed with the proposed Pedestrian Crossing on Yeo Street
in accordance with standard practice by:
i) Preparing drawings and plans for the proposed crossing clearly showing the
location and impacts, and
ii) Conducting community consultation in accordance with Council’s
community engagement framework, and
iii) Developing a budget and costings for the project, and
2. THAT when the above items are completed, a Council report addressing the
above matters be provided.
36. NoM04: Notice of Motion No. 50/17 by Cr Beregi – 15/11/17
Re: B-Line
1. THAT Council again write to the Premier and Minister for Transport, with
copies to the Leader of the Opposition and the Shadow Transport Minister,
again calling for an immediate 6-month moratorium on all infrastructure works
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in Cremorne and Neutral Bay so that any further infrastructure works can be
assessed against recent and relevant data.
37. NoM05: Notice of Motion No. 51/17 by Cr Beregi – 15/11/17
Re: Safety Around Schools
1. THAT Council write to the Premier and Minister for Education to express
strong support for the recent call by the Shadow Education Minister asking the
State Government to immediately conduct a State-wide audit of safety around
schools, both on-site and off-site, and that such an audit include liaising with
Principals and School Councils, as well as with Local Councils.
38. NoM06: Notice of Motion No. 52/17 by Crs Baker, Beregi and
Carr – 15/11/17
Re: Air Quality Monitoring – Proposed Tunnel Ventilation Stacks, Anzac
Park and St Leonards Park
1. THAT Council write to the Premier and Roads Minister urgently requesting
that RMS undertake air quality monitoring in locations within Anzac Park and
St Leonards Park so that impacts of the proposed tunnels may be accurately and
transparently assessed by the community.
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COUNCIL - 20/11/17 Questions (24)
QUESTIONS WITH NOTICE
39. Q01 – Recruitment of General Manager – Crs Baker, Beregi and
Carr – 15/11/17
When will the Mayor and Deputy Mayor circulate the confidential
memorandum updating all Councillors on the process undertaken and progress
of the recruitment of the General Manager?
40. Q02 – LGNSW Membership and Annual Conference –
Cr Beregi– 15/11/17
Could the Acting General Manager please advise the cost of re-joining LGNSW
and advise whether Councillors would have still been able to attend the LGNSW
December conference without re-joining LGNSW, given that the cut-off time
for registration with voting rights had already passed?
QUESTIONS WITHOUT NOTICE
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