mosman council ordinary meeting agenda 2 february 2010 · cr warren yates cr belinda halloran ....

MOSMAN MUNICIPAL COUNCIL

ORDINARY MEETING

AGENDA

MEETING DATE: 02 February 2010

MOSMAN MUNICIPAL COUNCIL

COUNCIL CHAMBERS SEATING 2009-2010 MAYORAL TERM

Mosman Bay Ward

Manager

Governance / Finance

Minutes

Secretary

General Manager

Mayor

Cr Anne Connon

DirectorEnvironment

and Planning

ManagerDevelopment

Services

Director Corporate Services

DirectorCommunity

Development

Balmoral Ward

Cr Tom Sherlock Cr Libby Moline

Cr Simon Menzies

Cr Dom Lopez OAM

Cr Jim Reid

Middle Harbour Ward

Cr Denise Wilton

Cr Warren Yates

Cr Belinda Halloran

INFORMATION ABOUT PROCEDURES FOR THE ORDINARY MEETING OF COUNCIL

Open Question Time Council meetings are scheduled to commence at 7.00pm. However, Open Question Time is held for a maximum of 10 minutes if required, from 6.45pm prior to the commencement of the meeting. Questions from members of the gallery may be directed to the Mayor on any relevant matter unless it is on the Agenda for this meeting. Any derogatory comments and/or personal attacks on Councillors or staff will result in the offender being instructed to leave the Chamber immediately and any such questions will be disregarded. Further, Open Question Time is not an opportunity for debate amongst the elected members. Open Question Time is an opportunity for questions only, not speeches, and every endeavour to answer will be given immediately by the Mayor or referred to the General Manager. Ordinary Meeting The Ordinary Meeting of Council commences in accordance with the Agenda prepared for the Meeting. Committee of the Whole The General Manager will ask residents prior to the commencement of the Council meeting if they seek to address Council on a General Manager’s and Departmental Report listed on the agenda and will register their names. Council will resolve into Committee of the Whole to allow residents to address the Committee and for Councillor discussion and questioning in relation to the report listed on the agenda. Reports on which residents wish to address Council will be dealt with expeditiously as possible between 7.00pm and 9.00pm. Should there be too many matters to be heard or should residents have major matters that need lengthy discussion, the affected residents will be advised to come back to the meeting at a particular time. All remaining items will be dealt with following resolution of reports which residents have an interest in. Supper Adjournment At approximately 9.00pm there is usually a recess break for 15 minutes at which time the Mayor will invite those people in the gallery to join the Councillors for supper. Resume Ordinary Meeting The Ordinary Meeting resumes at the conclusion of the supper break. Emergency Evacuation In the event of an emergency, please remain seated and await the direction of staff in attendance at the meeting. If the building needs to be evacuated you will be directed to the nearest exit.

AGENDA - ORDINARY MEETING 1. NATIONAL ANTHEM, PRAYER AND ACKNOWLEDGEMENT OF INDIGENOUS PEOPLE

2. WELCOME TO VISITORS

3. APOLOGIES AND LEAVE OF ABSENCE

4. DISCLOSURES OF PECUNIARY INTEREST

5. DISCLOSURES OF NON-PECUNIARY INTEREST

6. CONFIRMATION OF MINUTES Confirmation of the Minutes of the Council Meeting held on 8 December 2009.

7. MAYORAL MINUTES

8. GENERAL MANAGER’S REPORT

GM/1 KEE Pty Ltd - SHOROC Sub-Committee.............................................................. 2 GM/2 SHOROC - Minutes of Annual General Meeting and Board Meeting held 18

November 2009..................................................................................................... 3 GM/3 Waste - Joint Services Committee - Meeting Minutes 18 November 2009........... 4 GM/4 MOSPLAN Quarterly Report - October - December 2009 .................................... 5 GM/5 Richard Hayes Harnett Jr...................................................................................... 6

9. COMMUNITY DEVELOPMENT DEPARTMENT REPORTS

CD/1 Women in Local Government................................................................................ 8 CD/2 Shorelink Library Network Committee - Minutes of 136th meeting ..................... 10

10. CORPORATE SERVICES DEPARTMENT REPORTS

CS/1 Electricity Supply Contract - Main Sites .............................................................. 11 CS/2 Pay and Display Street Parking (P&D) - Review and Allocation of Revenue...... 13 CS/3 Complaints Handling Policy ................................................................................ 16 CS/4 Political Donations by Property Developers ........................................................ 19 CS/5 Code of Meeting Practice.................................................................................... 21 CS/6 Investment Properties Business Plan ................................................................. 28 CS/7 Financial Statement to 31 December 2009......................................................... 30 CS/8 Unnamed Park: Corner Bay Street and Quakers Road - Naming...................... 31 CS/9 Lang Street: South of Military Road - Renaming................................................. 33 CS/10 Internal Audit ....................................................................................................... 35 CS/11 Investments......................................................................................................... 37

11. ENVIRONMENT AND PLANNING DEPARTMENT REPORTS

EP/1 Road Asset Management Plan - Tender Assessment ........................................ 38 EP/2 Clifton Gardens - Public Amenities Building Concept Plan ................................. 41 EP/3 Beachwatch and Harbourwatch State of the Beaches Report 2008-09.............. 44 EP/4 Community Environment Contract (CEC) - Works Program ............................... 46 EP/5 Footprints Program ............................................................................................. 48 EP/6 Balmoral Beach Amenities Upgrade ................................................................... 50 EP/7 Draft Mosman LEP 2008 and DCPs - Timeline 2010.......................................... 54 EP/8 Capital Works Program 2010/2011 ..................................................................... 56 EP/9 Road Safety Action Plan 2009-2010 Progress Report........................................ 57 EP/10 Waste and Sustainability Improvement Payment Program 2009/10 - Approved

Projects ............................................................................................................... 61 EP/11 Mosman Bowling Club - Update.......................................................................... 63 EP/12 Development Control Unit ................................................................................... 65

12. TRAFFIC COMMITTEE

Report from Traffic Committee Meeting - 9 December 2009....................................................... 66 T/62 Esther Road - Request for Disabled Parking ...................................................... 67 T/64 Punch Street - STA Proposal for Metrobus Service Route 30 ........................... 69 T/69 Pearl Bay Avenue - Relocation of Bus Stop........................................................ 73

13. QUESTIONS WITHOUT NOTICE

14. CORRESPONDENCE

COR/1 Correspondence: Mosman Public Art Trust ........................................................ 76 COR/2 Correspondence: Paediatric Department, Royal North Shore Hospital .............. 77 COR/3 Correspondence: Annual Reports....................................................................... 78

15. NOTICES OF MOTION

NM/1 Notice of Motion: Second Hand Saturday .......................................................... 79 NM/2 Notice of Motion: Health Education Signage from the NSW Cancer Council on

the Mosman Rider Bus........................................................................................ 80 NM/3 Notice of Motion: Not to Use Eggs from Caged Chickens ................................. 81

Report - Council Meeting - 02 February 2010

Page 1

7. MAYORAL MINUTES There are no Mayoral Minutes.


Page 2

8. GENERAL MANAGER’S REPORT

GM/1 KEE Pty Ltd - SHOROC Sub-Committee

MOSPLAN REF: 05.10.02 REPORT BY: General Manager, Viv May SUMMARY Appointment of Council's representatives on SHOROC Sub-Committee - Kimbriki Resource Recovery Centre. OFFICER'S RECOMMENDATION The General Manager recommends: That: A. Council appoint a Councillor to the SHOROC Sub-Committee - Kimbriki Resource

Recovery Centre. B. The Mayor, Deputy Mayor and General Manager interview applicants from the Expression

of Interest process for the appointment to the SHOROC Sub-Committee of a Mosman community member for recommendation to Council.

REPORT As part of the establishment agreements for Kimbriki Environmental Enterprises Pty Ltd (KEE) it was agreed that a Sub-Committee to be known as the SHOROC Sub-Committee - Kimbriki Resource Recovery Centre would be established with one Councillor and one community representative from each of the four local government areas. The terms of reference to formally establish the Sub-Committee are included in the Minutes of the meeting of SHOROC Board held on 18 November - refer Item GM/2. It will be necessary for Council to appoint a Councillor to the Sub-Committee and in line with normal practice this would be for the 2009/10 mayoral term. Councillor Sherlock was previously the Council's representative on the now defunct Warringah, Manly, Pittwater and Mosman Joint Services Committee. Advertisements have been placed in the 'Mosman Daily' seeking nominations for one community representative, the appointment being until the next Local Government election in September 2012, and a further report will be submitted to Council in that regard.


Page 3

GM/2 SHOROC - Minutes of Annual General Meeting and Board Meeting held 18 November 2009

MOSPLAN REF: 12.04.01 REPORT BY: General Manager, Viv May SUMMARY Minutes of the SHOROC Inc Annual General Meeting and Board Meeting held on 18 November 2009. OFFICER'S RECOMMENDATION The General Manager recommends: That the Minutes of the SHOROC Inc Annual General Meeting and Board Meeting held on 18 November 2009 be received and the recommendations contained therein be adopted. REPORT Minutes of the SHOROC Inc Annual General Meeting and Board Meeting held on 18 November 2009 are circulated. The Mayor of Mosman will be the SHOROC President for the next 12 months, with the Mayor of Pittwater being the Vice President. By rotation the new Vice President should have been the Mayor of Manly but Councillor Hay is undergoing medical treatment and has requested that her tenure be deferred for 12 months. In relation to Item 5 - Kimbriki Resource Recovery Centre - SHOROC Sub-Committee - refer to Item GM/1 of this agenda. Copies of the reports referred to in the Minutes are available from the General Manager. COUNCILLORS' ATTACHMENTS Minute Book Attachments Minutes of the SHOROC Inc Annual General Meeting held on 18 November 2009 Minutes of the SHOROC Inc Board Meeting held on 18 November 2009


Page 4

GM/3 Waste - Joint Services Committee - Meeting Minutes 18 November 2009

MOSPLAN REF: 05.10.02 REPORT BY: General Manager, Viv May SUMMARY Minutes of the Joint Services Committee meeting held on 18 November 2009. OFFICER'S RECOMMENDATION The General Manager recommends: That the Minutes of the Joint Services Committee meeting of 18 November 2009 be received and the recommendations contained therein be adopted. REPORT The Minutes of the Joint Services Committee meeting held on 18 November 2009 are attached to Councillors' Business Papers. COUNCILLORS' ATTACHMENTS Minute Book Attachments Minutes of the Joint Services Committee meeting held on 18 November 2009


Page 5

GM/4 MOSPLAN Quarterly Report - October - December 2009

MOSPLAN REF: 01.03.09 REPORT BY: Executive Officer – Corporate and Human Development, Beki

Boulet SUMMARY MOSPLAN Quarterly Review, October – December 2009 OFFICER'S RECOMMENDATION The General Manager recommends: That the report be noted REPORT At the end of each quarter, Council is required to report on the progress it is making towards achieving its management plan, MOSPLAN. All actions have been reported on, not just exceptions. If Councillors wish to discuss the progress of matters with relevant officers outside the more formal meeting environment, this will allow them to do so, within the provisions of the Protocol for Interaction between Councillors and Staff. Recommendation endorsed by General Manager, Viv May COUNCILLORS' ATTACHMENTS Circulations MOSPLAN Quarterly Report - October - December 2009


Page 6

GM/5 Richard Hayes Harnett Jr

MOSPLAN REF: 09.07 REPORT BY: General Manager, Viv May SUMMARY Memorial in Macquarie Park Cemetery on the grave of Mosman's first Mayor. OFFICER'S RECOMMENDATION The General Manager recommends: That the report be noted and Council agree to underwrite the placing of a appropriate memorial to Mosman's first Mayor, Richard Hayes Harnett Jr, at Macquarie Park Cemetery, and $5,000 be voted in this regard. REPORT In August 2009 during the mayoralty of Councillor Lopez a Mayoral Minute was put before Council noting that local resident Mr John Dansie had located the unmarked grave of Mosman's first Mayor, Richard Hayes Harnett Jr, in the Anglican section of Macquarie Park Cemetery. Councillor Lopez sought Council's financial support to appropriately acknowledge the location of the grave and requested the establishment of a small committee and that $10,000 be earmarked for the purpose. Council resolved that the Minute be noted and the panel suggested by the Mayor not only look at the gravesite but also look at other opportunities to recognise and celebrate Harnett's life on a continuing basis in Mosman. There has been much discussion by the panel in relation to this matter and it is of the view that the bust of Harnett at Centenary Circle funded during Mosman's centenary celebrations by former long serving Mayor, the Hon Barry O'Keefe AM, QC, is a sufficient recognition. The matter has been the subject of further research by Mosman historian Gavin Souter AO, and the panel, which consists of the Mayor, Councillor Lopez, Messrs Dansie, O'Keefe and Souter, the Director Community Development and myself, are unanimous of the view that there should only be a memorial placed at the gravesite, also acknowledging the fact the Harnett Jr was the first Mayor of Mosman. Attempts have been made by the panel to raise funds in accordance with the direction of the Council. There have been several articles in the 'Mosman Daily', members of the panel have made representations to service and sporting organisations and individuals, and just over $5,000 has been pledged to date. The pledges have been made on the basis that the Council undertakes the work of a standard befitting the recognition and the fact that the grave is in a memorial section of the cemetery. The sum of $10,000 originally suggested by Councillor Lopez was arrived at after some research by him and I can confirm, following formal quotation, that this amount is realistic. What is proposed for the grave is a reinforced dark grey polished granolite basecourse, with headstone which requires some excavation and the laying of reinforced concrete piers and footings. The panel met on 21 January and endorsed the above with the suggested wording for the headstone recommended as:


Page 7

Following a recent article in 'Mosman News' also seeking financial contributions, the panel is of the view that most avenues of sponsorship have now been exhausted, however will continue with its endeavours, but requests that Council underwrite the shortfall of approximately $5,000 so that the work can proceed. The work will take three to four months following issue of order, and it is proposed to organise a respectful graveside ceremony on an appropriate date, following which a Mayoral Minute will be presented to acknowledge those who have contributed.


Page 8

9. COMMUNITY DEVELOPMENT DEPARTMENT REPORTS

CD/1 Women in Local Government

MOSPLAN REF: 10.08.01 REPORT BY: Events & Marketing Coordinator, Skye Paton SUMMARY Report on International Women’s Day and the 2010 Year of Women in Local Government. OFFICER'S RECOMMENDATION The Events & Marketing Coordinator recommends: That Mosman Council celebrates International Women's Day by incorporating elements of the 2010 Year of Women in Local Government at an event to be held early in March along the lines described in the report. REPORT 2010 has been declared Year of Women in Local Government in Australia. A National Steering Committee of 21 ambassadors (made up of representatives from local, state and federal governments, as well as elected and peak professional bodies), with the assistance of Local Government Managers Australia (LGMA National) and the involvement of ALGWA, have been working towards ensuring a successful year. They advise that:

The objective of raising awareness and informing the local government sector on the value and contribution of all women employed, elected and involved in local government will be achieved together by: Raising awareness of the significant role women play in the effectiveness and long-term

health of local government, and the need to increase their participation; Fostering commitment to local government becoming an ‘employer of choice’ through

advocating for cultural and attitudinal change to remove barriers to the advancement of women;

Encouraging councils, through a range of communication channels, to establish targets to: Increase the participation of local government women in decision making roles; Increase participation of local government women in management and leadership

training and mentoring programs; and Establish communication, support and developmental structures that can be readily

maintained and that will be available post 2010 to maintain the momentum of the year. Mosman Council does not need to set targets to achieve more female participation in either its workforce or its elected members. Mosman has a good participation of women through both merit selection in the workforce and through the ballot box. Mosman has long strived to be an Equal Opportunity Employer and this is reflected in the fact that of full time and part time employees (181 staff), 59% are women and 41% men, and out of 17 management positions, 7 are occupied by women. Council aims to have a holistic approach to team development and spirit rather than focussing on one gender or another.


Page 9

The current Council has five male and four female councillors. Gone are the days when female councillors were in any significant minority and our Mayor of the day is just as likely to be female as male. Mosman Council hosts an event every year for International Women's Day (IWD) supported usually by a $1,000 grant from the Premier’s Department. Last year’s event was held at the Drill Hall and the guest speaker was the then Commander of Harbourside Local Area Command, Superintendent Belinda Nolan. This year IWD focuses on "Empowering Women to End Poverty by 2015". Mosman Council has played a significant role in such work over the past decade or so. In light of these two events it would be appropriate, while not negating the work of male Councillors, for female elected representatives to speak about how being an elected member empowered them to help women in poverty, in other areas both in Australia and overseas. Examples include:

The Aboriginal Women’s Art Education project in Glen Innes. This project is designed to empower women by raising their self esteem so that they can more adequately deal with their circumstances and more effectively look after their children. This has been a creative and effective way of providing ongoing support and care for these disadvantaged women.

The Mudanjiang Girl Child Project. This project assists young girls with their education and

development and aims to give them the ability to support themselves in adulthood. Councillors and staff and several residents continue to play key roles in this project and in the lives of individual girls and their families in Mudanjiang.

Bicycles for Democracy. This is an initiative to provide bicycles for woman who are elected

representatives in Cambodia to enable them to visit their constituents in rural areas. In response to a Question Without Notice from Cr Wilton in November 2009 suggesting that Council might sponsor one or more bicycles, the Mayor donated $200 to the project from the mayoral discretionary fund.

In order to highlight IWD’s topic of "Empowering Women to End Poverty by 2015" and celebrate women in local government it is proposed to invite women who have been involved in these projects (again, not negating the initiatives and ongoing involvement of several men) to join a discussion panel to talk about their work in these impoverished communities. Suggested speakers in addition to the Mayor and Cr Wilton could include, in relation to Mudanjiang, Trish Arber (previous Citizen of the Year); and in relation to Glen Innes, ex-Councillor and Aboriginal Elder Rose Curtis who if unable to attend could send a message to be conveyed at the meeting. If transport and accommodation were an obstacle to Elder Curtis attending, Council could consider supporting her financially. The discussion would be followed, as last year, by a light dinner and informal networking. Staff would be invited to attend. Such an event would provide an opportunity for the community to recognise the achievements of our women leaders and their contribution to society. In the words from IWD’s website, “on this day, women can celebrate the progress that has been made but also contemplate those areas of women's lives where true equality has not yet been achieved." Individual Councils have recently been asked by the organisers of the Year of Women in Local Government to sponsor the program. Gold sponsorship is $2,000, Silver $1,000 and Bronze $500. No funds have been set aside for this purpose, and sponsorship is not supported. Recommendation endorsed by Director Community Development


Page 10

CD/2 Shorelink Library Network Committee - Minutes of 136th Meeting

MOSPLAN REF: 09.04.01 REPORT BY: Manager Library Resources, Jill Cuthbert SUMMARY Minutes of the136th meeting of the Shorelink Library Network Committee. OFFICER'S RECOMMENDATION The Manager Library Resources recommends: That the Minutes be received. REPORT The 136th meeting of the Shorelink Library Network Committee was held at Willoughby Council on Wednesday 18 September 2009. The minutes of the meeting are attached. The main items on the agenda were: Issues relating to the segmentation of the Shorelink network. The Committee endorsed the

recommendations which document responsibilities of member libraries relating to security, devices, license arrangements and services.

An update on Shorelink’s move to managed services, to be completed by the end of 2009

with the migration of Shorelink’s data to SirsiDynix managed services hosted in Melbourne and relocation of hardware and telecommunications infrastructure to the Global Switch Centre in Pyrmont. This will deliver significant improvements to Internet services.

The annual review of SHOREPLAN, the Network’s Strategic Plan, and the annual review and

updating of the Shorelink Policies Manual. Election of 2010 Office bearers – the Mayor, Councillor Connon was re-elected as

Chairperson. Recommendation endorsed by Director Community Development. COUNCILLORS' ATTACHMENTS Minute Book Attachments Minutes of the 136th meeting of the Shorelink Library Network Committee


Page 11

10. CORPORATE SERVICES DEPARTMENT REPORTS

CS/1 Electricity Supply Contract - Main Sites

MOSPLAN REF: 11.03.04 REPORT BY: Manager Finance, Mark McDonald SUMMARY Supply of electricity for Council’s larges sites including street lighting effective 1 July 2010. OFFICER'S RECOMMENDATION The Manager Finance recommends: That the advices be received. REPORT Council has previously been advised (CS/49 - 4/8/09) that its existing NSW Government Department of Commerce Contract 777 with Energy Australia, covering the provision of electricity and associated services at the Council Chambers, Library, Cultural Centre, Vista Street Car Park and Street Lighting (>160MWH) expires on 30 June 2010. As Councillors would be aware, Mosman entered into a joint tender with other SHOROC Council’s in August 2009 for a new supplier effective 1 July 2010 however elected not to accept a tender as potential cost savings were being harnessed by its green power coverage and it was felt that there were further opportunities to explore the marketplace. In late 2009, Mosman was contacted by the General Manager of SSROC to determine whether it would be interested in joining a joint tender process with a number of its member Councils and other interested Councils for an electricity supplier with the major selling point being the potential cost benefit to be gained by going to the marketplace with a significant merged load factor. Given that Council had elected not to accept the SHOROC tender and the date to accept the revised 777 contract pricing had lapsed it was considered an appropriate time to join the SSROC group. On 5 January 2010, Mosman together with the following Council’s advertised for the supply of electricity to large sites and street lighting for a period of 3 years from 1 July 2010:

Ashfield Canterbury Hunters Hill Hurstville Kogarah Ku-Ring-Gai Lane Cove Leichhardt Marrickville Randwick


Page 12

Rockdale Ryde Strathfield Waverley Woollahra

The following timetable is provided to Council:

Tender’s close on 5/2/2010 Assessment of offers will be conducted between 6/2/2010 and 8/2/2010 Advice to Councils will be provided on afternoon of 8/2/2010 Councils need to advice SSROC by 11/2/2010 of decision Contract sign off 12/2/2010.

This contract process is being undertaken under a very tight timeframe with suppliers only providing a window of 7 days for a decision to be made and that all Councils be included in the contract otherwise the remaining will be forced to meet additional costs. Unlike the SHOROC tender, Green energy is an integral part of the process and tenderers have been provided with a schedule which contains each Council’s split of black/green power and have been asked to provide pricing on both. As a result of the above, an Ordinary meeting will be scheduled for 7 pm on 9 February 2010 for Council to consider a report on the tender assessment and associated recommendation in order for it to meet the timeframe. Recommendation endorsed by Director Corporate Services


Page 13

CS/2 Pay and Display Street Parking (P&D) - Review and Allocation of Revenue

MOSPLAN REF: 02.02 REPORT BY: Director Corporate Services, Max Glyde, and

Manager Finance, Mark McDonald SUMMARY Ticket (P&D) parking has been in operation at the Zoo, Rosherville and The Spit from October 2009 and at Balmoral from November 2009. OFFICER'S RECOMMENDATION The Director Corporate Services recommends: That the recommendations contained within the report be adopted. REPORT Despite the inclement weather over the 2009/10 festive season, and criminal damage to P&D machines, additional security and resulting 'down time' (estimated $77,000), revenue has exceeded the original expectations and it is now estimated that $928K will be received to 30 June 2010. When first responding to the question of the introduction of P&D in February 2009 an indicative annual revenue forecast of $796,000 was estimated. Allowing for the extra spaces provided in Bradleys Head Road at the Zoo it is now forecast that the revenue for 2010/11 will be in the order of $1.25M. When resolving to commence community consultation in relation to P&D and Residential Parking Schemes (RPS) in February 2009 Council also noted opportunities for expenditure on the environment and infrastructure and resolved that 80% of the estimated income be included in the 2009/10 Estimates. The General Manager's overview to the Estimates noted "There is absolutely no reliance on the pay and display parking proposal to balance the general fund. However, newly funded projects such as environmental grant funding, the 'Mosman Rider' bus service and the new indoor sports facility at Drill Hall Common will be brought into question should it not proceed in some form." Notwithstanding the above, the 2009/10 draft Budget provided for revenue of $636,800 and was allocated as follows for consultation purposes: Mosman Rider $ 200,000 Cross Street Sports Complex $ 100,000 Public Amenities Infrastructure $ 100,000 100% Green Power - Street Lighting $ 54,000 10% Green Power - Main Sites $ 6,500 Additional Cleaning - Amenity Blocks $ 25,000 Loan Payments - On Street Machines $ 83,681 Employee Cost - Parking Scheme $ 67,619


Page 14

When formally adopting the 2009/10 Budget Council voted the following funding with the balance to be voted throughout the year following a separate report in relation to the provision of the Mosman Rider bus service, improvement to public amenities etc: 10% Green Power - Main Sites $ 6,500 100% Green Power - Street Lighting $ 54,000 Restoration Works at Rotunda $ 25,000 Consultancy - Public Amenities - Balmoral $ 10,000 Drill Hall Common Recurrent Costs/Debt Servicing

(originally estimated at $200,000 but reduced in view of $2M Community Infrastructure Grant) $ 100,000

Regulatory Signage - one-off cost $ 13,500 Pedestrian Accessibility / Stormwater Improvement

Works - Bradleys Head Road $ 10,000 Consultancy for routes for Mosman Rider and

Optimal use of community buses $ 5,000 $25,000 was subsequently voted by Council to supplement its local community grants program for the benefit of local not-for-profit, service and sporting groups. The report of February 2009 noted:

"It is not possible to accurately forecast revenue projections as there is no data available on the percentage of vehicles which do and do not display a Mosman foreshore reserve sticker and are parked in on-street areas adjacent to the reserves nor is there data on length of occupancy. The assumptions have been made following personal observations and that of Council Rangers. Unfortunately this information will only be validated should Council proceed with the proposals and they have been operating." Noting that revenue from 2010/11 will be an estimated recurrent $1.25M, financial modelling utilising the same methods as for the Community Environmental Contract and Infrastructure Levy has been undertaken over January to determine a recommended recurrent and capital expenditure program. Council is already well aware of the condition of many of its foreshore amenities buildings and these shortcomings are also identified in the Asset Management Plan. Accordingly, the following recurrent expenditure items are recommended to be included in the 2010/11 draft Estimates:

Mosman Rider $ 200,000 10% Green Power-Main Sites $ 6,825 100% Green Power-Street Lighting $ 56,700 Drill Hall Common $ 100,000 Community Grants $ 25,000 Zoo Kerb & Gutter (Year 1) $ 50,000 Balmoral Promenade Rehabilitation $ 100,000 Ticket Machine Maintenance /Cash Collection $ 100,000 Loan borrowings totalling $1.75M will be provided for the following major capital infrastructure improvements:

Balmoral Baths Toilets / Amenities $ 300,000 Tramshed Toilets / Amenities $ 450,000 Tramshed Refurbishment $ 100,000 Clifton Gardens Toilets / Amenities $ 500,000 Rosherville Toilets / Amenities $ 400,000


Page 15

In addition, it is recommended that cash funding be provided for the provision of solar capacity in addition to that proposed for the Sports Complex at Drill Hall Common of $100,000 to allow leverage for possible grant funding. The vision for this initiative is to provide for the 'green' lighting of all foreshore amenities, and further reports will be presented in this regard. An additional $125,000 is also recommended to be allocated to the rehabilitation of the Balmoral Rotunda. Provision has been made for loan repayments for the ticket machines as earlier recommended and repayments until 2014/15 for the above loan. In addition to the above, provision has been made for a loan of $0.5M in 2011/12 for major improvements on The Spit east side to address the pedestrian / cycle/ parking / boat rigging / improved lighting / park furniture issues, with repayment being funded from the $133,000 estimated to be received from weekday parking in the two foreshore carparks. Following determination of this report by Council, the Strategic Financial Plan will be updated to include Council approved budget variations to December 2009, Community Environmental Contract, Section 94 and Infrastructure Levy and will be circulated to Councillors in mid-February. While the above expenditure represents a significant commitment by Council in improving its community asset base it is considered very manageable and should not hinder Council’s intention of improving its key financial indicators and in particular it’s unrestricted current ratio to 2% into the future. Other items on this agenda deal with the community consultation processes for a number of the recommended projects and it should be noted that development consent is not required for amenities buildings under State Environmental Planning Policy (Infrastructure) 2007. Recommendation endorsed by General Manager.


Page 16

CS/3 Complaints Handling Policy

MOSPLAN REF: 01.03.02 REPORT BY: Manager Governance, Anthony Fitzpatrick SUMMARY Proposed amendments to Council’s Complaints Handling Policy following advice from the NSW Ombudsman. OFFICER'S RECOMMENDATION The Manager Governance recommends: That the Council’s Complaints Handling Policy as amended at Section 5.3 and detailed in the report be adopted. REPORT Letters of determination on complaints investigated by Council were recently referred to the NSW Ombudsman as part of the Ombudsman’s complaints referral program. The Ombudsman has now written to Council suggesting that it consider reviewing its Complaints Handling Policy in relation to the Ombudsman’s complaints referral program and the advice given to complainants in determinations of internal reviews. The matters raised by the Ombudsman mostly pre-date the review of Council’s Policy on 1 September 2009 to take in to account Practice Note 9 – Complaints Management in Councils which was jointly released by the Department of Local Government and the Ombudsman on 3 August. This included guidelines on better advising complainants in letters of determination. However in the light of the Ombudsman’s comments it is apparent that there are a some provisions in Council’s Policy that need to be clarified to accurately reflect the process of the Ombudsman’s complaints referral program and to also recognise the right of access to dispute resolution procedures. Ombudsman’s complaints referral program Council’s current Policy does need to be clarified to indicate that Tier 2 (internal review) complaints may be either instigated by Council or by direct referral of a complaint from the Ombudsman. The Policy also presently indicates that internal review results must be communicated to the Ombudsman, whereas the Ombudsman’s program only requires advice on the outcome of an internal review if the complaint was a direct referral from the Ombudsman, not in cases of a Council instigated internal review. Advice contained within determinations of internal reviews The Ombudsman suggests that Council review Section 5.4 of the Policy to include the requirement that all determinations of internal reviews provide advice as to the next steps in seeking resolution or an external review, e.g. alternative dispute resolution, review by an external investigation agency or any other appeal mechanism.


Page 17

Section 5.3.7 of the current Policy provides that a letter of determination will be forwarded to the complainant advising of the result, any action taken, and of the right to an external review. Section 5.4.1 further provides that if the complainant is not satisfied after an internal review they may be offered a dispute resolution procedure, such as mediation or conciliation and that the complainant be advised of any appeal procedure or other legal remedy or alternatively be advised that the complaint may be referred to an external agency for external review. These provisions generally address the Ombudsman’s concerns, however it is proposed to amend current Section 5.3.7 to also recognise the right of access to dispute resolution procedures. It is proposed to amend Section 5.3 of Council’s Policy as follows:

5.3 Tier 2 - Unresolved complaint referred for internal review

5.3.1 Complaints that have not been resolved to the satisfaction of the complainant following completion of the Tier 1 procedure, will be then subject to internal review to provide a satisfactory alternative means of address for the complainant. A Council officer upon being advised by the complainant that the complaint has not been dealt with satisfactorily must refer the matter to the Public Officer who will advise the complainant that the matter has been referred for internal review. Requests from complainants for an internal review must be in writing; state the reasons why the complaint has not been dealt with satisfactorily; and be received within 28 days after the notice given pursuant to Clause 5.2.10 (or within 49 days of the receipt of the complaint where Council has failed to give notice pursuant to Clause 5.2.10).

5.3.2 A Tier 2 internal review may also be instigated by a direct referral of a complaint from

the NSW Ombudsman. A copy of the results of a review of such a complaint will be provided to the Ombudsman. (See clauses 5.3.6 and 5.3.7)

5.3.23 The internal review will be conducted by the Public Officer or a senior officer

designated by the Public Officer or General Manager to review and investigate the unresolved complaint, with the focus being on resolving the complaint wherever possible. If for any reason (including but not limited to conflict of interest or perceived bias) the General Manager considers that a Tier 2 Internal Review should be carried out by an external reviewer then the review should be carried out by a member of the Council’s Conduct Review Committee or a Conduct Review Panel member nominated by the General Manager.

5.3.34 The Public Officer or designated senior officer or external reviewer will have the

delegation to:

reconsider the original decision or remedial action afresh and take any appropriate corrective action.

overturn previous decisions and apply remedies as considered necessary apply appropriate redress in cases where the review reveals maladministration or

detriment arising from the Council’s dealing with the complainant. 5.3.45 The internal review must be conducted within ten (10) working days of referral of the

matter in writing to the Public Officer. Where this is not possible, complainants will be kept fully informed of progress in their matter.

5.3.56 The results of the review must be communicated directly to the complainant (with a

copy being provided to the NSW Ombudsman as part of the Ombudsman’s complaint referral program where the complaint has been referred from that agency). The response to the complainant must be accurate, comprehensive and deal with all the issues articulated in the complaint.


Page 18

5.3.67 Where the complaint has been referred to Council by the Ombudsman, Tthe

Ombudsman will monitor the reply and intervene if it is considered Council failed to address and/or resolve the complaint satisfactorily. The complainant however may make further complaint directly to the Ombudsman.

5.3.78 The Public Officer or designated senior officer or external reviewer shall forward a

letter to the complainant advising of the result of the review, any action taken and of the right to access dispute resolution procedures or an external review, as set out in Section 5.4.

The amendments will result in Council only referring to the Ombudsman letters of determination of an internal review, where the complaint was a direct referral from the Ombudsman. Determinations of Council instigated internal reviews will no longer be referred to the Ombudsman. Further, letters of determination will clearly advise complainants in relation to the next steps in seeking resolution or an external review. Recommendation endorsed by Director Corporate Services


Page 19

CS/4 Political Donations by Property Developers

MOSPLAN REF: 01.03.02 REPORT BY: Manager Governance, Anthony Fitzpatrick SUMMARY Advice on new prohibitions against political donations by property developers brought about by the Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009. OFFICER'S RECOMMENDATION The Manager Governance recommends: That the advices be received. REPORT The Election Funding and Disclosures Amendment (Property Developers Prohibition) Bill 2009 was assented to on 14 December 2009 and commenced on the same day. The Bill amends the Election Funding and Disclosures Act 1981 (EDFA). The changes follow revelations of regular political donations to Labor Party MPs and the Labor Party's NSW Branch, as well as the ICAC's investigation of Wollongong Council. Under the amendments, property developers will no longer be able to provide political donations to NSW Councillors, and NSW Councillors will no longer be allowed to receive political donations from property developers. The Bill amends the EDFA so that: it is unlawful for a person to make a political donation if the person is a property developer or

makes the donation on behalf of a property developer; it is unlawful for a person to accept a political donation that was made by or on behalf of a

property developer; and it is unlawful for a property developer or a person on behalf of a property developer to solicit

another person to make a political donation. A ‘property developer’ is defined to be: a) a corporation engaged in a business that regularly involves the making of relevant planning

applications by or on behalf of the corporation in connection with the residential or commercial development of land, with the ultimate purpose of the sale or lease of the land for profit, or

b) a person who is a close associate of a corporation. Activities by a corporation for the dominant purpose of providing commercial premises at which the corporation (or related body corporate) will carry on its business are excluded for the purpose of determining whether the corporation is a property developer. 'Close associates' of a corporation include: directors and officers of the corporation and their spouses; a related body corporate of the corporation;


Page 20

persons whose voting power in the corporation or a related body corporate is greater than 20 percent and their spouses.

A 'relevant planning application' continues to have the same meaning given to it in section 147 of the Environmental Planning Assessment Act 1979 (EP&A Act). Such applications include: formal requests for the Minister or Director-General to initiate the making of an Environmental

Planning Instrument or Development Control Plan for a particular site; formal request to the Minister or Director-General for a development to be made state

significant development or a declared Part 3A project; an application for approval of a concept plan or project under Part 3A of the EP&A Act; or an application for development consent under Part 4 of the EP&A Act. Other key elements of the new provisions include: The offence under the above provisions is triggered where the relevant person makes or

accepts the donation knowing this to be unlawful. The maximum penalty is the same as for other offences relating to political donations, namely 200 penalty units for a party ($22,000 at present) and 100 penalty units in any other case ($11,000 at present).

It should also be borne in mind by councillors and property developers alike that loans are also regarded as a political donation, except where the loan derives from a financial institution.

Membership contributions to political parties are not considered political donations so long as the membership contribution is not a reportable political donation under section 86 of the EFDA, which are political donations of $1000 or more.

A person may also apply to the Election Funding Authority of NSW for a determination that they are not a property developer for the purposes of the EFDA. However, such a determination will have no effect where such an application is made by a person who provides the authority with false or misleading material.

The changes brought about by the Bill co-exist with the various other requirements under the EFDA, Local Government Act 1993 (LGA) and the EP&A Act in relation to political donations. Councillors would be aware that amendments to the LGA and EP&A in 2008 required the General Manager of each Council to inter alia keep a public register of all current donations and expenditure declarations lodged by Councillors with the Election Funding Authority of NSW. No advice has been received to date from the State Government in relation to amendments to the EFDA, LGA and EP&A Act. Both Councillors and persons who may fall under the definition of a property developer need to be aware of the above provisions relating to donations. Recommendation endorsed by Director Corporate Services


Page 21

CS/5 Code of Meeting Practice

MOSPLAN REF: 01.01.02 REPORT BY: Manager Governance, Anthony Fitzpatrick SUMMARY Proposed adoption of draft amended Code of Meeting Practice following public exhibition. OFFICER'S RECOMMENDATION The Manager Governance recommends: That A. The draft amended Code of Meeting Practice as exhibited be adopted, excepting Schedule

3 – Procedures and notes on the conduct of Mosman Traffic Committee meetings, subject to the following amendments:

1. Clause 4(1) – Definitions, be amended by inserting the following:

Resident, means any member of the public including resident ratepayers, non-resident ratepayers and non-ratepaying residents, excepting in relation to Clause 83(1) of this Code which limits access to Open Question Time to Mosman residents and ratepayers only.

2. Clause 43(9) – Reconsideration of Items, be deleted. 3. Clause 83(1) – Open Question Time, be amended as follows:

Open Question Time will be held for a period of 10 minutes commencing at 6.45 pm prior to the commencement of a Council meeting scheduled to commence at 7.00 pm. Open Question Time is available only to Mosman residents and ratepayers. Questions must be in writing and must not contain any preamble or comment. Residents or ratepayers wishing to ask a question will be invited to the lectern by the Mayor to read out the question. The resident or ratepayer will then read out the question to the Mayor then lodge the written question with the General Manager. Questions may be on any relevant matter unless it is on the Agenda for this meeting.

Open Question Time is an opportunity for questions only, not speeches or discussion, and every endeavour to answer will be given immediately by the Mayor or referred to the General Manager. Any derogatory comments and/or personal attacks on Councillors or staff will result in the offender being instructed to leave the Chamber immediately and any such questions will be disregarded. Further, Open Question Time is not an opportunity for debate amongst the elected members. Questions asked and responses given will not be recorded in the Minutes as Open Question Time is not part of the meeting agenda pursuant to Clause 24 of this Code.


Page 22

B. In accordance with Section 362(2) of the Local Government Act, 1993, Council is of the opinion that the proposed further amendments to the Code of Meeting Practice are not substantial and determine that the amendments be adopted without further exhibition.

C. A further report be submitted to Council once the Mosman Traffic Committee considers

adoption of Schedule 3 – Procedures and notes on the conduct of Mosman Traffic Committee meetings.

REPORT At its meeting on 3 November 2009 Council considered proposed amendments to the Code of Meeting Practice following a review to reflect best practice standards provided in the Division of Local Government Meeting Practice Note (Practice Note 16) and other matters. Council resolved that: A. The draft Code of Meeting Practice as amended and circulated be endorsed. B. The amendments be placed on public exhibition for a period of 28 days in accordance with

Section 362(2) of the Local Government Act, 1993. C. The Traffic Committee be requested to convene an electronic meeting during the exhibition

period to consider adoption of the meeting procedures and notes for that Committee. D. At the conclusion of the exhibition period the matter be brought back to Council for

adoption. and that the following further amendments be placed on exhibition: 22(6). Order of Business vi. Council will resolve into Committee of the Whole as a public forum to allow residents to

address the Committee and for Councillor questioning in relation to those items called by residents. Only those items called by residents will be dealt with in the public forum, generally in order of the agenda. Only residents will be heard during the public forum and there will be no Councillor discussion on items other than questioning of residents.

vii Once all residents have addressed the Committee on individual items called by residents,

the Committee will resolve into Full Council to deal with each item. The Council will then resolve into Committee of the Whole to deal with the next item that residents have called.

83. Public Addressing Meetings (and Clause 1(1) Schedule 2)

(1) Open Question Time

Open Question Time will be held for a period of 10 minutes commencing at 6.45 pm prior to the commencement of a Council meeting scheduled to commence at 7.00 pm. Questions from members of the gallery must be lodged in writing with the General Manager prior to 4.00 pm on the day of the Council meeting. Questions may be on any relevant matter unless it is on the Agenda for this meeting. No questions that have not been lodged in writing by the required time may be asked nor may statements or comments be made.

Open Question Time is an opportunity for questions only, not speeches, and every endeavour to answer will be given immediately by the Mayor or referred to the General


Page 23

Manager. Any derogatory comments and/or personal attacks on Councillors or staff will result in the offender being instructed to leave the Chamber immediately and any such questions will be disregarded. Further, Open Question Time is not an opportunity for debate amongst the elected members.

The community consultation process commenced on 5 November 2009 with: The draft Code of Meeting Practice together with the report to Council on 3 November 2009

being exhibited on Council's website in the Community Consultation area providing a facility for the on-line lodgement of submissions.

Advertisements in the Mosman Daily in Council's column for the four weeks on 12 November to 3 December 2009.

The exhibition closing on 10 December 2009.

Submissions The consultation process resulted in 24 submissions being received. Resident submissions were acknowledged on 18 December 2009 and residents advised that the matter would be listed for consideration at the Council meeting on 2 February 2010. The submissions overwhelmingly proposed that Clause 83(1) of the Code of Meeting Practice regarding open question time remain unchanged. No submission supported the proposed amendment to Clause 83(1). Some submissions made further comment on other matters. Key issues raised in the submissions are summarised below and commented upon by the reporting officer (in italic): Clause 5(4) – Act and Regulation (1 submission)

Clause 5(4): “This Code reflects the best practice standards provided in the Division of Local Government’s Meetings Practice Note (Practice Note 16).” However, a review of the proposed draft indicates this will certainly not be the case should the proposals be adopted. Comment: The exhibited Code has been amended to reflect best practice standards

contained in the Division of Local Government’s Meetings Practice Note (Practice Note 16). No evidence or examples have been presented to support that this is not the case.

Clause 14(3) – General Manager’s exclusion from Meeting (1 submission)

Why is exclusion only optional and not mandatory? The presence of the General Manager in such circumstances is quite inappropriate and should not be allowed. Any questions requiring clarification from him/her can be adequately dealt with without his/her physical presence, which cannot be other than intimidatory in such circumstances. Comment: Required by statute (Section 376(3) of the Local Government Act)

Clause 22(6) – Calling of items (1 submission)

Why is a non-resident ratepayer precluded from the rights conferred by this section 22(6)? Comment: There is no intent to preclude any member of the public from calling an item

at a Council meeting and addressing Council. The term ‘resident’ refers to the public and there is no discrimination between resident ratepayers, non-resident ratepayers and non-ratepaying residents in this clause. It is


Page 24

recommended to amend the Code to provide a definition of ‘resident’ in Clause 4(1) – Definitions.

Clause 43(9) – Reconsideration of Items (1 submission)

This clause prohibits the reconsideration of an item within 3 months of it being decided upon. That period of 3 months is excessive. Exemption from such prohibition should not be left in the hands of the Mayor and General Manager. Council is the appropriate body to decide such matters. This clause – has no equivalent in the Local Government Act or in Practice Note 16 is contrary to the spirit of section 6.2.1 of Practice Note 16.

[Section 6.3.3 of Practice Note 16 clearly indicates that matters should not be pursued if contrary to the spirit of provisions of the Model Code]

is an unnecessary and unjustifiable constraint on accountability of Council. As such, it should be deleted from the Code.

Comment: Clause 43(9) of the Code of Meeting Practice is a supplementary provision.

It is agreed that it should be removed and is recommended accordingly. The prohibition on Council considering a similar motion to one that has been negatived within 3 months is required by statute (Section 372(5) of the Local Government Act and Clause 43(6) of the Code of Meeting Practice).

Clause 83(1) – Open Question Time (All submissions)

General objection to the change of open question time. Taking away the democratic right residents have to ask questions. All Councillors must be present for question time. This is a responsibility of their position.

They must be available at this point of the proceedings. It is creating a bigger division between Council and Community. 10 minutes is too short – suggestions of extending it to 15 or 30 minutes Reference to North Sydney’s Precinct Committees and lack of Ward Meeting at Mosman

and general absence of opportunities for residents to meet with Councillors face to face. Requirement to submit questions in writing in advance is seen as a mechanism for Council

to avoid embarrassment, criticism or uncomfortable questions on grounds of being defamatory.

An attempt to muzzle open question time, allowing questions to be vetted by staff. The restrictions diminish accountability; run counter to principles of open government; and

are not consistent with open and transparent government. The Chair is responsible for maintaining order and ruling derogatory or ridiculous questions

out of order, so there should be no need to require questions in writing. Questions and responses should be recorded in the Minutes.

Comment: Submissions express concern about the proposed amendments to open question time, specifically the requirement to submit questions in writing before the commencement of the meeting.

There appears to be a perception that the proposed amendments to open question time will either abolish open question time or limit the ability of residents to ask questions. There is also the perception that staff will vet questions or withhold questions that may be uncomfortable on the grounds that they may be defamatory. It is understood that the rationale behind the proposed requirement for questions to be submitted in writing prior to commencement of the meeting was to bring order to the process and ensure that genuine questions are being asked not commentary, opinion or


Page 25

an opportunity to conduct a discussion or make derogatory or otherwise inappropriate remarks.

To alleviate the perceptions communicated in the submissions it is proposed that there be no requirement to lodge questions in writing prior to 4.00 pm on the day of the meeting, but to assist in giving the process some structure, it is proposed that questions be submitted in writing during open question time. The process proposed and recommended is as follows:

Open Question Time will only be available to Mosman residents and ratepayers. Questions must be in writing and must not contain any preamble or comment. Residents or ratepayers wishing to ask a question will be invited to the lectern by the Mayor to read out the question. The resident or ratepayer will then read out the question to the Mayor then lodge the written question with the General Manager.

As open question time is not part of the meeting agenda, it is a matter for individual Councillors whether they attend open question time. It is not recommended that open question time be extended beyond 10 minutes given that, as it is an opportunity for questions and answers only not discussion and debate, 10 minutes is considered to be ample time to hear residents and ratepayers. It is not recommended that questions and responses are dealt with in the Council meeting or recorded in the Minutes as this is inconsistent with Council’s obligation to give due notice of the business to be transacted at a Council meeting pursuant to Clause 241 of the Local Government Regulation and Clause 24 of the Code of Meeting Practice. The conduct of Ward meetings is a matter for Councillors.

Other issues in general raised in submissions

Changes have not been promoted to the electorate in a simple, easily understood manner and amendments not detailed.

Comment: The report to Council concerning the draft amended Code was also placed

on exhibition with the Code. The report clearly communicated the key proposed amendments. No enquiries in relation the draft amended Code were made of staff during the exhibition period.

Complete transcripts of all discussions should be kept as Councillors have, in the past,

denied statements that they have made during a discussion.

Comment: Keeping of Hansard of the conduct of a meeting to record Councillor discussion is not recommended. Any recordings of meetings, should they ever be made, would only be retained to ensure the accuracy of the Minutes and would be destroyed after confirmation of the Minutes.

Councillors are mounting personal attacks. A provision needs to be inserted to warn

Councillors against mounting personal attacks through derogatory comments naming an individual resident.


Page 26

Comment: Clause 256 of the Local Government Regulation and Clause 47 of the Code of Meeting Practice deals with Acts of Disorder by Councillors and specifically prescribes that a Councillor commits an act of disorder if the Councillor at a meeting insults or makes personal reflections or imputes improper motives to any person at the meeting.

The Introduction to DLG Meetings Practice Note 16 (August 2009) states:

Local councils are largely independent bodies, mainly responsible to their residents and ratepayers… All councillors, staff and community members participating in Council meetings must act with good intentions and behave to the standard of conduct expected by the community.

The proposals contained in the draft do not adequately satisfy these criteria. The restrictions proposed by the draft on the ability of residents and ratepayers to seek such intelligible answers – diminish the prospects of meaningful accountability run counter to the principles of open government publicly espoused by Council Comment: As noted at Clause 5(4) the exhibited Code has been amended to reflect

best practice standards contained in the Division of Local Government’s Meetings Practice Note (Practice Note 16). No evidence or examples have been presented to support that this is not the case. There is no proposal before Council that would diminish the ability of Mosman residents and ratepayers to ask a question.

The draft Code is unwieldy and difficult to understand

Comment: The draft amended Code reflects the Local Government Act, the Regulation and Practice Note 16. There are some supplementary provisions or ‘local rules’ in the document which in the main document accepted procedures and protocols. There are schedules attached to the Code to provide information and guidance to the users of the Code.

The draft amended Code and schedules to the Code acknowledge and document procedures on such things as the conduct of Committees and consultative groups. For instance, procedures and notes on the conduct of the Mosman Traffic Committee have been included in the draft amended Code following resident feedback. It is difficult to accept criticism that the Code is unwieldy and difficult to understand yet also be criticised because it does not contain enough information and guidance. In general, the draft amended Code simply follows the provisions required in the Act, the Regulation and the Practice Note.

Other matters There has previously been discussion in the Chamber concerning recommittal of items at Council meetings and comment to the effect that if North Sydney Council provides for it in its Code of Meeting Practice, why not Mosman. There is no provision under the Act, the Regulation or the Practice Note to recommit business once it has been resolved at a meeting and the view remains that to provide such a supplementary provision would be ultra vires. Accordingly there is no recommendation to provide for recommittal of business in Council’s Code. The appropriate course of action is to submit a Rescission Motion in accordance with Clause 43 of the Code. Mosman Traffic Committee


Page 27

At the time of writing this report, the Traffic Committee had yet to convene an electronic meeting to consider adoption of the meeting procedures and notes for that Committee. As it is not anticipated that the Committee will meet before the 2 February Council meeting it is recommended that the draft amended Code be adopted with the exception of Schedule 3 – Procedures and notes on the conduct of Mosman Traffic Committee meetings. A further report will be submitted following consideration of adoption of the meeting procedures and notes by the Mosman Traffic Committee. Recommendation endorsed by Director Corporate Services


Page 28

CS/6 Investment Properties Business Plan

MOSPLAN REF: 02.02.08 REPORT BY: Manager Governance, Anthony Fitzpatrick SUMMARY Proposed adoption of an Investment Properties Business Plan. OFFICER'S RECOMMENDATION The Manager Governance recommends: That the confidential Investment Properties Business Plan as circulated and the recommended actions therein be adopted. REPORT A financial review of Council was undertaken in April 2008 by officers of the then Department of Local Government (DLG). Council received an outline of the DLG findings in December 2008 and a report on the financial review was received by Council on 3 February 2009. It was reported to Council that the DLG report on the review noted that the Council’s 2007/2008 Financial Statements had been reviewed and that an improvement in its financial position was largely due to the recognition of investment properties at fair value. The report on the review recommended that Council might consider the implementation of a number of recommendations which would assist in improving Council’s financial management. This included preparing business cases for its investment properties. An Investment Properties Business Plan has now been prepared in-house and is submitted for adoption. The plan contains commercial-in-confidence information and as such has been circulated separately to Councillors. The objective of the plan is to assess the purpose, risks and benefits in the Council maintaining and managing its existing investment property portfolio, to formally review that business activity and to recommend actions. Council’s investment property portfolio comprises the following properties and is reported upon as a declared business activity for the purposes of the National Competition Policy: 573 Miltary Road Mosman Square Shops 1 to 9 601 Military Road Library Walk Shops 1 to 10 601 Military Road Library Walk Flats 1 to 5 624 Military Road Boronia 2 The Esplanade Watermark Restaurant, Balmoral Baths 4 The Esplanade Balmoral Bathers Pavilion 90 Vista Street Bertoni Casalinga, Mosman Swim Centre* These properties have been specifically acquired or developed to provide a financial return to the Council with the objective to contribute to Council’s financial sustainability.


Page 29

The plan addresses the following matters: Overview of the activity Management and governance of the portfolio Financial considerations Cost/benefit analysis Site specific issues Summary of recommended actions The recommended actions contained throughout the report are self-explanatory and are designed to improve Council’s management of its portfolio and to identify and explore opportunities. The plan has received peer review by property management consultants, Preston Rowe Paterson which specialise in these matters. The Division of Local Government will be advised of the preparation and adoption of the business plan. Recommendation endorsed by Director Corporate Services COUNCILLORS' ATTACHMENTS Circulations CONFIDENTIAL Investment Properties Business Plan dated January 2010 circulated

separately


Page 30

CS/7 Financial Statement to 31 December 2009

MOSPLAN REF: 02.02.01 REPORT BY: Manager Finance, Mark McDonald SUMMARY Quarterly Financial Statement. OFFICER'S RECOMMENDATION The Manager Finance recommends: That the Financial Statement for the quarter ended 31 December 2009 including the revised estimates and recommendations contained within the Manager Finance’s Report be adopted. REPORT The Financial Statement for the quarter ended 31 December 2009, together with the summary of recommended forecasted variations are attached to Councillors’ Business Papers. Councillors who wish to discuss any aspect of the Financial Statement to 31 December 2009 should contact the Manager Finance. Recommendation endorsed by Director Corporate Services COUNCILLORS' ATTACHMENTS Minute Book Attachments Budget Review Statement to 31 December 2009 Summary of Recommended Variations to 31 December 2009


Page 31

CS/8 Unnamed Park: Corner Bay Street and Quakers Road - Naming

MOSPLAN REF: 06.01.05 REPORT BY: Director Corporate Services, Max Glyde SUMMARY To name the parkland at the corner of Bay Street and Quakers Road following consultation. OFFICER'S RECOMMENDATION The Director Corporate Services recommends: That the matter be considered for Council's determination. REPORT At its meeting on 6 October 2009 Council resolved to consult the community regarding a proposal to name the parkland at corner of Bay Street and Quakers Road. The community consultation process commenced on 8 October with:

A description, including the map showing the location of the park to be renamed listed on Council's website home page in the Community Consultation area as well as providing a facility for the on-line lodgement of submissions.

Advertisements in the Mosman Daily in Council's Notices section for three weeks on 21 October, 28 October and 4 November 2009.

A letter to Mosman Historical Society, Mosman Reconciliation Group and local residents who previously made suggestions seeking their advice and input.

The consultation process included the Local Studies Librarian and resulted in eight submissions being received, though some submissions had multiple suggestions, with a summary as follows: Beauty Point Park - (3 submissions) Background: Significant to the area. Billy Goat Hill Reserve - (2 submissions) Background: in the early 1900's the Beauty Point area of Mosman was referred to as Billy Goat Hill because of the goats that roamed the area prior to development. Red Hand Park - (1 submission) Background: Quakers Hat Bay was previously known as Red Hand Bay so named because of the red aboriginal hand stencils in a local cave. Stan McCabe Park - (1 submission) Background: Stan was a cricketing legend who played for Mosman before World War 2 and lived at 74 Bay Street, Beauty Point until his death in 1968. Ida Veitch Park - (1 submission) Background: The park to be named after Ida Veitch who came to Sydney from New Zealand in 1957, took one look at Mosman, purchased a property at 48 Central Avenue and never lived anywhere else until she died in 1985.


Page 32

Carruthers Park - (1 submission) Background: The Carruthers family lived above the park at 50 Central Avenue for at least three generations. Bob and Dolly Dyer Playground - (1 submission) Background: Bob and Dolly Dyer lived on the waterfront at 10 Bay Street diagonally opposite. They gave so much pleasure to the people of Sydney through radio and television. Two Herons Place - (1 submission) Background: “I often see two grey herons there.” All of the above suggestions have been validated in documentation held by Council with the exception of the last suggestion of Two Herons Place. Recommendation endorsed by General Manager


Page 33

CS/9 Lang Street: South of Military Road - Renaming

MOSPLAN REF: 06.01.05 REPORT BY: Director Corporate Services, Max Glyde SUMMARY To rename the section of Lang Street south of Military Road after community consultation. OFFICER'S RECOMMENDATION The Director Corporate Services recommends: That the matter be considered for Council's determination. REPORT At its meeting on 24 November 2009 Council resolved to consult the community regarding a proposal to rename the section of Lang Street south of Military Road. The community consultation process commenced on 26 November with:

A description, including the map showing the location of the street to be renamed listed on Council's website home page in the Community Consultation area as well as providing a facility for the on-line lodgement of submissions.

Advertisements in the Mosman Daily in Council's Notices section for three weeks on 2, 9 and 16 December 2009.

A letter to all owners of properties in Melrose Street, Lang Street and a relevant section of Military Road seeking their input.

The reason for the request for the renaming is that a new residential development in this section of Lang Street requires a street number and unfortunately Lang Street commences its numbering in the section north of Military Road. Numbering the new property 1A will cause confusion to visitors to 1A and 1 Lang Street and also emergency services which could result in unnecessary delays to either, as 1 Lang Street will be on one side of Military Road and 1A on the other.

The consultation process which included the Local Studies Librarian resulted in seven submissions being received, though some submissions had multiple suggestions, with a summary as follows: Victor Chang Street/Place (3 submissions) Background: Opportunity to recognise and honour Dr Victor Chang's significant contribution to our society after losing his life on this street. Victor Street (2 submissions) Background: Opportunity to recognise and honour Dr Victor Chang's significant contribution to our society after losing his life on this street. Chang Street (2 submissions) Background: Opportunity to recognise and honour Dr Victor Chang's significant contribution to our society after losing his life on this street. Billy Street (1 submission) Background: Like Billy the dog, which reeks with local historical significance.


Page 34

Snell Street/Road (1 submission, on behalf of 7 further family members) Background: A detailed submission received in remembrance of Harry Snell (1891- 1985), indicates that he lived in rented property known as “Avondale” situated in this section of Lang Street for nearly 50 years. It also informs that he: Was employed as a marine engineer with Mosman Council for 30 years having a major role

in the construction and maintenance of the Balmoral shark net, the decommissioning of the tip and the construction of the incinerator at Balmoral and the adjacent Oval.

Held one of the two steam roller driver licences at the time. Was forced to retire in March 1952 following a workplace injury. Represented Mosman Swimming Club at State and National championships and in 1910

setting a NSW Amateur Swimming Association State record for 220 yards in breaststroke. Was awarded Life Membership to the Middle Harbour 16ft Sailing Club serving on the

executive and as President. As previously reported to Council the developer of the property had approached the Chang family regarding the possibility of naming this section of Lang St in recognition of Dr Victor Chang however they are not supportive. This is understandable and therefore cannot be recommended. In view of the above the only strong proposal remaining is that submitted by the Snell family. It has been validated that Harry Snell was employed by Council and that he did reside at 'Avondale' Lang Street for many years during that time. It is unfortunate that his involvement in the project mentioned in the submission cannot be substantiated in written documentation; however there is no reason to doubt their accuracy. Photographs supporting his swimming and sailing achievements have been provided. An alternative name to Snell Street, suggested in discussions, is Avondale St, after the name of the property that Harry Snell and his family lived in for many years, being the only house fronting this section of Lang Street. Recommendation endorsed by General Manager


Page 35

CS/10 Internal Audit

MOSPLAN REF: 02.01.01 REPORT BY: Director Corporate Services, Max Glyde SUMMARY To report on the establishment of an Internal Audit facility and an Audit Committee. OFFICER'S RECOMMENDATION The Director Corporate Services recommends: That the advices be received and that Mr Philip Higginson, Mr Brian Halsted and Ms Kath Roach be appointed as Council’s independent members of the Audit Committee until the end of Council’s term in September 2012. REPORT At the meeting of Council on 3 March 2009 Council resolved: That:

A. Council establish an Audit Committee.

B. Councillor representation on the Committee be the Deputy Mayor and Cr Sherlock (confirmed 8 September 2009).

C. Expressions of Interest be called for three independent representatives on the Audit Committee.

D. Audit Committee members to be paid an attendance fee of $400 per formal meeting including preparation time.

E. The Mayor, Deputy Mayor and General Manager interview and recommend the appointment of the independent representatives.

F. The Audit Committee when established be authorised to adopt an internal audit workplan to be actioned by the internal auditor.

G. An amount of $30,000 be included in the 2009/2010 Budget for internal audit, such audit to be undertaken on a collaborative basis.

H. Council adopt the draft Internal Audit Charter and draft Internal Audit Committee Charter as circulated.

I. The General Manager be authorized to appoint an Internal Auditor on the basis of up to 5 days per month.

Mosman is too small for the appointment of a full time Internal Auditor and attempts to establish a SHOROC Internal Audit function failed, however an Internal Audit function with North Sydney, Willoughby, Manly, Lane Cove and Hunters Hill Councils has now been established. An agreement has been signed with the General Managers of these Councils to establish the unit, with Willoughby Council to be the employer of the Internal Audit team. An appointment has been made to the position of Head of Internal Audit who will take up the position in late February. As part of the agreement Mosman has five days a month of internal audit time allocated to it. One of


Page 36

the first roles of the Head of Internal Audit will be to develop a draft Audit Workplan for each Council for consideration by the respective Audit Committees. Whilst the recruitment of the Head of Internal Audit was in progress Council advertised and interviewed for independent committee members, it being noted that the Chairperson of the Committee must be from one of the independents. Nine applications with one further late submission were received. One of the applicants withdrew their application prior to determining interviews. The Mayor, Deputy Mayor and the General Manager reviewed all applications selecting and interviewing five applicants. Following referee checks, the panel recommends the appointment of Mr Philip Higginson, Mr Brian Halsted and Ms Kath Roach as Council’s independent members of the Audit Committee. Mr Higginson and Mr Halsted are Mosman residents. All applicants are highly qualified, have extensive experience in Internal Audit and are members of audit committees in large organisations and have a strong interest in governance and probity. Ms Roach also has extensive governance and risk experience in both State and Local Government. Following the finalisation of the Committee its first role will be to appoint the Chairperson, and to review and adopt the Audit Committee Charter, the Internal Audit Charter and Audit Workplan. Recommendation endorsed by General Manager


Page 37

CS/11 Investments

MOSPLAN REF: 02.02.01 REPORT BY: Manager Finance, Mark McDonald SUMMARY Investment Schedules for the months of November and December 2009 and January 2010. OFFICER'S RECOMMENDATION The Manager Finance recommends: That the Schedules of Investments be adopted. REPORT Schedules of all monies invested under Section 625 of the Local Government Act, 1993, for the months of November and December 2009 are attached and January 2010 will be circulated to Councillors prior to the meeting. Council’s Manager Finance certifies that the investments have been made in accordance with Section 625 of the Local Government Act, 1993, Local Government (Financial Management) Regulation – Section 16 & Council’s Investment Policy. Recommendation endorsed by Director Corporate Services COUNCILLORS' ATTACHMENTS Minute Book Attachments Investment Schedule for the months of November and December 2009 and January 2010


Page 38

11. ENVIRONMENT AND PLANNING DEPARTMENT REPORTS

EP/1 Road Asset Management Plan - Tender Assessment

MOSPLAN REF: 02.07 REPORT BY: Manager Assets and Services, Craig Covich SUMMARY Tender for the preparation of an Asset Management Plan for Council’s roads and footpaths. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends: That: A. In accordance with the Local Government (General) Regulation 2005 Clause 178

subclause (1) (b), Council decline all tenders due to the complexity of the tender documentation and the complexity of the tenders submitted;

B. In accordance with Local Government (General) Regulation 2005 Clause 178 subclause (3)

(e), Council enter into negotiations with the identified companies to clarify certain components of the tender and reduce the financial risk to Council;

C. In accordance with Local Government (General) Regulation 2005 Clause 178 subclause

(4), the following reasons be noted for not inviting tenders for a second time:

i. The tender was downloaded by 25 companies, 5 companies attended the pre-tender site meeting and 6 companies submitted a tender. As such it is considered a suitable section of the market has provided a quotation for the work.

ii. The tender prices from 3 contractors did not vary substantially indicating that tender

prices reflect current market rates.

iii. Included within the tender is the requirement to prepare a valuation report for the Department of Local Government. This report has a strict deadline and the time required to tender again may result in not meeting this deadline;

iv. A detailed analysis indicates that there are areas in the tender that can be negotiated to

reduce risks to both the Tenderer and Council. D. The General Manager be delegated authority to conduct negotiations outlined in point B

and to enter into a contract with the preferred contractor. REPORT An open tender for Roads Condition Reporting, Valuation & Asset Management Plan for Council’s roads and footpaths was advertised on 24 November 2009 through the tenderlink electronic tendering system.


Page 39

25 Companies downloaded a copy of the tender document and 5 companies attended the pre-tender site meeting. Tenders closed at 4:00pm on 23 December 2009. Council received tenders from the following 6 companies. 1. GHD 2. Complete Urban 3. Fugro 4. Opus 5. Cardno 6. SMEC – NSW Public Works A tender assessment panel was established to assess the tenders in accordance with a pre-determined Tender Assessment Plan. The panel comprised of the Team Leader Open Space and Asset Management, the Acting Team Leader Roads and the Asset Coordinator. Tender prices submitted ranged from $113,000 to $296,000. Non-weighted criteria were used to undertake a primary assessment of the tenders and weighted criteria were used to undertake a more detailed assessment. The non-weighted criteria were: 1. Completed Tender Forms; 2. Attendance at compulsory pre tender meeting; 3. Program of Work; 4. Declaration to Collusive Tendering (Annexure B); 5. Declaration to Conflict of Interest (Annexure C); 6. Environmental Management Information (Annexure D);and 7. Occupational Health and Safety Information (Annexure E). The weighted criteria were: 1. Pricing (50%); 2. Proposal from the tender to achieve the tender objective (25%); and 3. Organisational profile, Completed projects, Project Team Reference Checks (25%). Opus failed to complete several items required in the non weighted criteria and also failed to attend the compulsory pre tender meeting. They were not considered in the detailed assessment. The tender prices submitted by Cardno and SEMC / NSW Public Works were in excess of the engineering estimate for the work and they scored extremely low in the pricing criteria. For this reason, both these tenders were not considered in the detailed assessment. The remaining three tenders were assessed against the weighted criteria. All three tenders scored well and showed capability to complete the project. Complete Urban and Fugro scored the highest with only marginal differences in scoring. On this basis, a referee check and review of resource allocation was undertaken based on information provided in the Complete Urban and Fugro tenders. Both tenders scored well with Complete Urban slightly outscoring Fugro. All submissions received were of high quality and all companies could undertake the work. Based on the tender assessment against the criteria, the tender assessment panel has selected Complete Urban as the first preferred tenderer and Fugro as the second preferred tenderer.


Page 40

In order to complete this assessment, negotiations with preferred tenderer is required. These negotiations will include: 1. Final definition of project teams, responsibilities and communication channels; 2. Final determination of schedule items to be included in the contract and confirmation of

rates; 3. Further assessment and consideration of alternative conforming tenders proposed by

tenderers; 4. Review of previously completed Asset Management Plans and assessment of compliance

with Council requirements; and 5. Confirmation of data collection and compilation methodology and assessment of

compliance with Council requirements. If any of the aspects above are considered to be unsatisfactory and negotiations fail with the first preferred tenderer, Council will enter into negotiations with the second preferred tenderer. Councillors will be notified of the successful tenderer and contract price upon awarding of the contract.


Page 41

EP/2 Clifton Gardens - Public Amenities Building Concept Plan

MOSPLAN REF: 03.05 REPORT BY: Team Leader Open Space and Asset Management,

John Grady SUMMARY Proposed amenities building and kiosk at Clifton Gardens Reserve. OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That

A. The concept plans for the amenities building/kiosk be placed on public exhibition for a period of 28 days.

B. A further report be submitted to Council on the outcome of the public exhibition. REPORT Clifton Gardens Reserve has traditionally received very high weekend patronage. More and more people are visiting as foreshore walkways are improved, facilities are upgraded and the Sydney Harbour Federation Trust opens up areas of Headland Park for use and public recreation. Council has developed and adopted a Management Framework for Clifton Gardens Reserve. This document notes one of the key issues as the replacement of older facilities such as the amenities block. In short, the facilities are well below current expected standards. The provision of an amenities building incorporating a kiosk within the Reserve is not contrary to the Clifton Gardens Management Framework (2003). In 2009 concept plans for a new amenities building including a kiosk were prepared in an effort to see whether rental income from a kiosk could assist Council in bringing forward the replacement of the existing amenities building. Following public consultation Council considered the concept at several Council meetings in 2009. On 16 June 2009 Council resolved:

1. That a number of options for addressing the situation regarding the poor condition of the amenities block at Clifton Gardens be investigated.

2. A report be presented to Council detailing the options and their cost. 3. Each option should provide:

a. A long term solution b. Immunity from flooding c. Disabled access d. A baby change table e. External multi-head showers.

4. No option should have a footprint greater than the existing footprint. 5. The options should include one incorporating a small kiosk capable of providing

refreshments on busy days.


Page 42

6. Staff consider the options that were put forward by the Sydney Harbour Foreshore Committee.

7. Council consider the undergrounding of power cables in the area. In response to this resolution a scope of works was developed for the architects to review the design proposals for the Clifton Gardens amenities building. That scope principally required assessment of 3 options in regard to providing suitable amenities at Clifton Gardens. They were: 1. Assessment of feasibility / practicality for renovation of the existing building. 2. Demolish the building and rebuild an amenities building on the existing site. 3. Incorporate the inclusion of a small kiosk capable of providing refreshments on busy days.

This will include an assessment of the most suitable site for a kiosk in the Reserve. Further to these options the concept designs were to:

Be immune from flooding – (i.e. current floor level not acceptable); Include disabled access facilities; Include a baby change table (possibly within disabled facilities); Include external multi-head showers; Include separate urinals (rather than troughs in men’s toilets); Be a design to encourage openness and passive surveillance where appropriate; Facilities to cater for weekend peak use; Not have a footprint greater than the existing amenities building; Designed to be a minimum ‘4 Green Star’ rated (Green Building Council of

Australia); Consider the site plan put forward by the Sydney Harbour Foreshore Committee; The building design should be sympathetic to the surrounds, have relatively low

visual impact, and be considerate of heritage aspects of the site. General appearance could reflect the neighbouring buildings at Chowder Bay; and

The general approach should be adaptable and able to be applied at different sites within the Mosman LGA by varying the quantity of inclusions.

The architects undertook an audit of the existing building to determine if it was feasible for the building to be renovated to provide suitable facilities for park users, comply with relevant building codes and satisfy the Council’s objective of endeavouring to comply with a minimum ‘4 Green Star’ rating from the Green Building Code of Australia. The audit determined it was not feasible to renovate the existing building and meet the requirements listed above. The primary issues were:

The floor level is too low and is subject to flooding during storm events and high tides. Renovation would require raising the floor level by up to 500mm;

The roof structure has deteriorated to an extent where total replacement is the best option;

The general layout (walls) of the building does not promote the use of natural light and ventilation and results in the dark and damp feel of the building. The existing layout would need to be significantly altered to comply with ‘4 Green Star’ rating from the Green Building Code of Australia as well as many of the other requirements listed above; and

Integration of old materials and services (plumbing) into new designs would be difficult, costly and less than ideal.

The audit concluded that an effective renovation of the existing building would require replacement of the floor, roof, much of the walls and the bulk of the existing services. As such, retention of the new building is not feasible in terms of practicality, design and cost. The concept plans (copies attached to Councillors’ Business Papers) for the new facilities include:


Page 43

Male toilets x 4 + 3 individual urinal bases; Male change area; Hand wash trough in male area; Female toilets x 7; Female change area; Hand wash trough in female area; Separate disabled toilet and wash trough facilities; Separate child / baby change toilet and wash trough facilities; Showers x 3 (communal area); Wash trough x 2 (communal area); Drying area and bench (communal area); Rainwater tanks; Kiosk (21.2m2); Outdoor seating area; and Landscaping works including pedestrian and disability pathways.

The provision of a new amenities building at Clifton Gardens Reserve is urgently needed as the existing amenities building is in a poor state. A small kiosk has been included in accordance with Council’s earlier resolution. It is important to note should Council wish to proceed with the kiosk and grant a lease or licence for Community Land for a period exceeding 5 years, the proposal must be publicly advertised and submissions considered in accordance with the Act and culminating in Ministerial approval. Amenities facilities are permitted in parks without consent pursuant to State Environmental Planning Policy (Infrastructure) 2007. Therefore no development application is required. It is proposed that the concept plans be placed on public exhibition for a period of 28 days and that a further report be submitted to Council on completion of the exhibition period. COUNCILLORS' ATTACHMENTS Circulations Copy of concept plans Clifton Gardens amenities


Page 44

EP/3 Beachwatch and Harbourwatch State of the Beaches Report 2008-09

MOSPLAN REF: 05.03 REPORT BY: Team Leader-Environmental Sustainability, Belinda Atkins SUMMARY State of the Beaches in the Mosman Local Government Area in 2008/09 OFFICER'S RECOMMENDATION The Manager Environment and Services recommends: That the Report be received and noted. REPORT The Beachwatch and Harbourwatch State of the Beaches Report 2008/09, published by the Department of Environment, Climate Change and Water, describes water quality monitoring results for the period of 1 May 2008 to 30 April 2009 throughout Sydney, the Hunter and Illawarra regions. As a component of the Harbourwatch Program, five sites within the Mosman Local Government Area are monitored for faecal coliforms and enterococci. These sites are Chinamans Beach, Edwards Beach and Balmoral Baths situated within the Middle Harbour Catchment, and Clifton Gardens and Little Sirius Cove within the Port Jackson Catchment. According to seasonal data presented in the State of the Beaches Report 2008/09, higher rainfall periods were recorded for the months of June 2008, August 2008, September 2008 November 2008, March 2009 and May 2009. Each of the monitoring sites within Mosman recorded elevated levels of faecal coliforms and enterococci during periods of higher rainfall compared to dry weather periods, indicating the correlation between rainfall and increased stormwater pollution and sewer overflows. The table below shows the 2008/09 results for compliance with water quality guidelines during the summer season (1 October 2008 to 30 April 2009) for each of the monitoring sites in Mosman, comparative to 2007/08. Location Faecal Coliforms (%Compliance) Enterococci (% Compliance) 2007-2008 2008-2009 2007-2008 2008-2009 Chinamans Beach 100 100 94 100 Edwards Beach 100 100 94 100 Balmoral Baths 100 100 90 100 Clifton Gardens 100 100 94 100 Little Sirius Cove 84 100 61 100 As shown in the table above, all of the five Mosman monitoring sites were 100% compliant with recommended guideline levels for faecal coliforms and enterococci during the 2008/09 summer season. The water quality has improved at all sites comparative to 2007/08, even at Little Sirius Cove which has often recorded poor water quality.


Page 45

Harbourwatch / Beachwatch monitor 131 sites throughout the Sydney, Hunter and Illawarra regions. Compliance figures from the 131 sites taken over the 2008/09 monitoring period were compared and a ranking system of 1 to 14 was applied. The table below shows the ranking given to Mosman’s monitoring sites in 2008/09 compared to the ranking given in 2007/08. Location 2007-2008

Ranking (1-41) 2008-2009

Ranking (1-14) Chinamans Beach 3 1 Edwards Beach 3 1 Balmoral Baths 5 1 Clifton Gardens 3 1 Little Sirius Cove 32 1 All Mosman sites were given a ranking of 1 for 2008/09. Chinamans Beach, Edwards Beach and Clifton Gardens improved from a ranking of 3 in 2007/08 to a ranking of 1 in 2008/09, with Balmoral Baths improving from a ranking of 5 in 2007/08 to a ranking of 1 in 2008/09. Little Sirius Cove showed a significant improvement moving from a poor ranking of 32 in 2007/08 to a ranking of 1 in 2008/09. For more information a hard copy of the State of the Beaches Report 2008/09 is available from the Mosman Library (Local studies), or a summary can be viewed online at http://www.environment.nsw.gov.au/beach/ar0809/index.htm Recommendation endorsed by Director Environment and Planning

http://www.environment.nsw.gov.au/beach/ar0809/index.htm�


Page 46

EP/4 Community Environment Contract (CEC) - Works Program

MOSPLAN REF: CEC Program REPORT BY: Manager Assets and Services, Craig Covich SUMMARY Summary of Works Program for the CEC for 2009/2010 and 2010/2011. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends: That the report be noted and endorsed. REPORT The Community Environmental Contract (CEC) is a program of environmental infrastructure projects covering the areas of Stormwater Quality, Sea Walls, Creek Rehabilitation and Bushland. The program is funded by a special rate levy of 5%. The CEC commenced in 2000/2001 following community consultation and approval by the Minister for Local Government and was to be in place to 2011/2012. In February 2009 The Minister for Local Government approved an extension to the program to 2016/2017. Since its inception, Council has submitted an annual CEC report to the Department of Local Government which provides detailed information of the prior year’s activities together with a Financial Report which is audited by Council’s auditors. The scope of works under the CEC has expanded considerably since first estimated in 1999/2000 and engineering proposals have been replaced by environmentally sustainable engineering solutions. Council officers have been extremely successful in obtaining grants particularly for Stormwater and Seawall projects which total in excess of $3M. A recent highlight has been the completion of the Botanic Road Water Re-use Scheme, now providing irrigation to Balmoral Oval and the completion of the Ecological works and Sea Wall Rehabilitation at Spit West. (See photos below). Both projects began as simple engineering works but have resulted in projects that are ecologically and environmentally sustainable. In addition to the CEC funding, both projects were the recipient of State and Federal Government grants. The program of Works for the 2009/2010 and 2010/2011 period is detailed below. Year Project CEC

Expenditure Comments

09/10 Mosman Bay Creek Restoration $ 189,000 Estimated 09/10 CEC Expenditure

09/10 Morella Road SQID Plunkett Road SQID Construction

$ 116,000 Estimated 09/10 CEC Expenditure

09/10 Design and Investigation of Pearl Bay SQID

$49,900 Estimated 09/10 CEC Expenditure

09/10 Design and Investigation of Reginald $69,300 Estimated 09/10 CEC


Page 47

and Brierley SQID Expenditure 10/11 Pearl Bay SQID Construction $199,600

10/11 Quakers Hat Bay SQID Design and Investigation

$20,303

10/11 Reginald and Brierley SQID Construction

$277,200 Could be extended over to 2011/12 Period subject to finalisation of Design and Investigation

Council still has several projects within the CEC Program that are scheduled to be completed in 2011/2012 and 2012/2013. The timing of these projects will be reviewed at the end of 2010 and reported to Council at that time.

The recently completed Botanic Road Stormwater Re-use Tank. Photo was taken during the construction stage.

The recently completed Spit Seawall Works and Ecological Improvements


Page 48

EP/5 Footprints Program

MOSPLAN REF: 05.08 REPORT BY: Team Leader-Environmental Sustainability, Belinda Atkins SUMMARY The Footprints Program will be launched on 9 February 2010. OFFICER'S RECOMMENDATION The Manager Environment and Services recommends: That the report be received and noted. REPORT Mosman, North Sydney and Willoughby Councils have joined forces to bring Footprints: Tread Lightly into the Future to the local community. The Footprints program is specifically aimed at 20-40 year olds in the Mosman, North Sydney and Willoughby communities who would like to become actively involved in reducing their carbon footprint. The Footprints program focuses on core sustainability issues including waste, water and energy. Throughout the Footprints program participants can learn about sustainability, gain some great ideas and even undertake sustainability dares and challenges to implement actions or change their behaviour to reduce their footprint. Having regard to each council’s Greenhouse Action Plans, objectives of the Footprints program include the following:

Reduced greenhouse gas emissions produced by the residential sector of North Sydney, Mosman, and Willoughby Local Government Areas.

Improved knowledge of energy and water efficiency and reduced consumption in the community through efficiency actions and behaviour change.

Improved waste management practices (recycling and composting/worm farming). The provision of a clear and concise action plan to all program participants clearly

identifying a range of opportunities within the home to reduce greenhouse gas emissions.

Increased community awareness of the relevant rebates, programs and sources of information to assist the resident to implement sustainability actions.

Strengthened partnerships and learning between the councils and the wider community regarding sustainability.

Individuals, couples and families wanting to reduce their footprint can register to participate in the Footprints program. Those that register will be given the opportunity to calculate their footprint at the beginning and end of the program, and will be able to attend a variety of workshops and events across the three Council LGA’s. Participants will also receive a free ‘Sustainability Home Assessment’ and ‘Sustainability Action Plan’, providing recommendations of actions that can be


Page 49

undertaken to minimise waste and reduce water and energy use in and around the home. The Sustainability Home Assessments will be undertaken between 9 February and 6 May 2010. The Footprints program will be launched on 9 February 2010 with the 7pm film screening of the climate change film ‘Age of Stupid’ at the Starlight Cinema, North Sydney. A small introductory segment to the Footprints program will be shown during the film screening, and a stall will be set up outside the cinema to accept registrations to the program. The Mayor and all councillors are welcome to attend the film screening of ‘Age of Stupid’ for the launch of the Footprints program. The workshops and events that will be held for participants of the Footprints program include:

24 February - Pub Ecotrivia at the Hotel Mosman 11 March – Eco-baby Workshop for the Mum’s and Dad’s, Dougherty Community

Centre, Chatswood 17 April - Eat Well Workshop, North Sydney Produce Market 13 May - Sustainable Homes Workshop, Mosman Art Gallery 20 June - Brunch at the Coal Loader in Waverton.

Throughout the program participants will be able to complete their own sustainability challenges and dares and exchange information and ideas on Facebook. For more information on Footprints: Tread Lightly into the Future, go to: www.northsydney.nsw.gov.au/footprints Recommendation endorsed by Director Environment and Planning.

http://www.northsydney.nsw.gov.au/footprints�


Page 50

EP/6 Balmoral Beach Amenities Upgrade

MOSPLAN REF: 6.02.01 REPORT BY: Strategic Planner, Joe Vertel SUMMARY Proposed refurbishment of existing amenities in the Balmoral Baths building and replacement of the amenities building adjacent to the Tramshed at Balmoral Beach. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends: That:

A. Council endorse the proposed upgrade of the amenities at Balmoral and proceed with the preparation of revised plans incorporating amendments as detailed in this report.

B. The plans be placed on public exhibition for a period of 14 days.

C. A further report be submitted to Council on the outcome of the public exhibition. REPORT As part of Council’s “making Balmoral even better” commitment, it is proposed to utilise funding generated from paid parking to refurbish the amenities in the Balmoral Baths building (Baths amenities) and to replace the amenities building adjacent to the Tramshed (Tramshed amenities). Preliminary concept plans (copies are attached to Councillor’s Business Papers) were prepared. Notices advising of the preparation of the preliminary concept plans were placed on-site with the plans available for viewing on Council’s web site from 20 December 2009 to 20 January 2010. Feedback on the preliminary concept plans has been received and is discussed further in this report. Tramshed amenities The existing amenities building adjacent to the Tramshed reflects its age and suffers from limited natural light and ventilation as well as an inappropriate layout which includes underutilised storage area and poorly located entrances. To achieve a light, airy and environmentally sustainable amenities building requires significant changes and will require demolition of the existing structure. Preliminary concept plans for a new amenities building utilising the same building footprint as the existing structure have been prepared and these include: Male toilets (3) + individual urinals (5) (current provision 2 toilets + shared urinal) Female toilets (5) (current provision 4 toilets) Showers (2) (none currently provided) Disabled toilet incorporating baby change facilities (current provision 1 disabled toilet but no baby change facilities) Two options have been provided for the proposed roof form; a gabled roof and a skillion roof with both options providing for increased natural light and ventilation. Details of external finishes have


Page 51

not been specified at this stage but a combination of rendered and painted masonry, timber features and stainless steel doors is envisaged. Environmentally sustainable features would include two rainwater tanks at the rear of the building providing water for toilet flushing and cleaning. Toilets and tap fitting will be a minimum of AAA rated. Provision of solar panels for water heating or power will be investigated. Other sustainability considerations will be assessed as part of the further development of the proposal. It should be noted that the adjacent Tramshed is a heritage listed structure. Council’s Heritage Advisor has reviewed the preliminary concept plans for the new amenities building and has not raised objection to either roof option subject to detailed design issues being resolved. Baths Amenities The existing amenities in the Baths building also suffer from a lack of natural light and ventilation and are in need of refurbishment. Preliminary concept plans have been prepared and these include: Male amenities: Toilets (3) + individual urinals (6) (current provision 3 toilets and shared urinal) Showers (2) internal Baby change bench (none currently provided) Female amenities: Toilets (7) (current provision 3) Showers (2) internal Parents room with baby change facilities and child toilet (none currently provided) External showers (6) are also proposed which will be available for all Baths users. The proposed scheme involves setting the front entry further back to provide for the external showers and seating. Thirteen ventilated skylights are provided with a battened screen along the rear wall of both male and female amenities to provide for natural light and ventilation. Sustainabililty features would include the use of rainwater tanks (not currently shown) to be sited along the rear (The Esplanade) elevation of the building to provide water for toilet flushing and cleaning. Toilets and tap fitting will be a minimum of AAA rating. The provision of solar panels on the roof for water heating or power will be investigated. Other environmental considerations will be assessed as part of the further development of the proposal. Public Feedback Public feedback on the preliminary concept plans has been received and this includes both oral advice and written submissions. The issues raised are summarised below: Hot water – requested that hot water be provided for the showers in the Baths amenities. Comment – The provision of solar hot water heating will be investigated. Flooring – requested that the flooring for the Baths amenities be of a non slip type. Comment – Details of flooring are yet to be specified but a non slip surface will be provided.


Page 52

Female amenities – suggested that there is an under provision of female toilets relative to male toilets/urinals and that amendments should be made to the plans to increase the size of the female amenities to allow an increased number of toilets to be provided. Comment – The proposal involves an increase in the number of female toilets from 3 to 7 at the Baths amenities and from 4 to 5 at the Tramshed amenities. Further amendments are considered appropriate to increase the number of female toilets at the Tramshed amenities to 6. The overall increase in the number of toilets is considered sufficient to cater for general demand. The provision is to deal with normal demand not special events where portable toilets are provided. Parent’s room – suggested that the parent’s room which is accessible from within the female toilets of the Baths amenities should be accessible for males. Comment – Baby change facilities are proposed in both male and female change rooms and the issue could be dealt with by renaming the from Parents Room to mothers’ room; however, a revision to the plan allowing for external access would be feasible and could be incorporated in the plan by removing some or all of the external showers in front of the ladies’ change room. Bench seating – suggested that insufficient bench space is provided in the Baths amenities. Comment - It is acknowledged that the proposal represents a decrease in the amount of bench space currently provided. Amendments to the plans will be considered in conjunction with amendments to provide the Parents’ Room. Outdoor showers – suggested that the provision of six outdoor showers is excessive and that showers should be provided internally. Comment – The provision of outdoor showers is considered a positive aspect of the proposed design as this will allow users to wash off sand before entering the amenities or leaving the beach. Amendments to the plans to allow for external access to the Parents’ Room will result in a reduction in external showers but this should not affect their effectiveness. Change cubicles – requested that separate change cubicles be provided in the female Baths amenities. Comment – Due to limited space the provision of separate change cubicles would be difficult to accommodate and it is likely they would be at the expense of additional toilets which are proposed. Fit out – A number of suggestions regarding materials, fittings and fixtures to be used have been made. These include the use or provision of: Automatic taps (sensor activated) Stainless steel toilet with integrated seat Bowless sinks Graffiti proof surfaces Mural wall Clock Comment – The type of materials, fittings and fixtures to be used and provided will be given detailed consideration as this project progresses and will be closely allied to Council’s stated objective of having all Council buildings operate on good sustainability principles. Suggestions made in the submissions will be assessed on this basis as well as durability, lifetime cost etc. Next Step


Page 53

To date the public response has confirmed the view that the upgrade works are required. It is proposed therefore that the initial concept plans be revised to address issues identified and then placed on formal public exhibition for 14 days. Noting the desirability of undertaking any such works in the winter season it will be necessary for Council to develop a final approach to the upgrades in time to allow for final architectural documentation, tendering and construction promptly. With this in mind it is proposed that the public exhibition of the proposals include: Tramshed: Amended internal layout to incorporate an additional ladies’ toilet; Gabled roof design; External showers Baths Building: Revised layout with external entry to Parents’ Room; Consideration of additional bench space in Men’s area based on removal of baby change area Council should be aware that a Development Application is not required for the proposed works pursuant to the provisions of State Environmental Planning Policy (Infrastructure) 2007. For this reason, the proposed consultation will not be repeated. Further, completing both projects this year may require the works to occur concurrently. In this event, temporary facilities will be installed. CONCLUSION The condition of ageing amenities at various foreshore locations has been an issue for some time. Council’s commitment when adopting paid parking is that any funds derived would be used to improve the amenity of the foreshore areas by undertaking projects such as these. It is therefore proposed that Council endorse the upgrade of the amenities as detailed in this report and proceed with the public exhibition based on the revised plans. COUNCILLORS' ATTACHMENTS Circulations Preliminary concept plans


Page 54

EP/7 Draft Mosman LEP 2008 and DCPs - Timeline 2010

MOSPLAN REF: 03.02 REPORT BY: Project Coordinator - Strategic Planning, Kelly Lynch SUMMARY Public exhibition of the draft Mosman LEP 2008 and DCPs concluded in December 2009. This report provides a timeline for key tasks and milestones to be achieved in 2010 to finalise the draft plans. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends that the report be noted. REPORT Public exhibition of the draft Mosman Local Environmental Plan (LEP) 2008 and Development Control Plans (DCPs) pursuant to section 66 of the Environmental Planning and Assessment Act 1979 (the Act) concluded in December 2009. During the exhibition period Council planners responded to a range of enquiries from local residents, business operators and planners and architects who work in Mosman about the implications of the draft plans. Over 150 people attended information sessions or workshops about the draft plans, and online consultation received over 2,020 visitors. At the time of writing this report, 211 written submissions had been received from the Mosman community and public authorities on a diverse range of planning matters. Feedback on the draft plans had also been received in 47 completed surveys, blog posts, and at community information sessions and the practitioners’ workshop. The following timeline outlines key tasks and milestones to be achieved by Council planners in 2010 to finalise the draft plans.

Date Task/Milestone Assumption

Consider submissions and other community feedback received in response to exhibition of the draft LEP and DCPs, and in particular consider whether amendment to the draft plans is warranted in response to feedback received.

Consider outstanding issues identified by the NSW Department of Planning (DOP) in the section 65 certificate issued for the draft LEP, and recently introduced State legislation, which may necessitate further amendment to the draft plans.

Timely resolution of issues with DOP

January – March 2010

Workshop to provide councillors with the opportunity to consider submissions received and recommended amendments to the draft LEP.

Councillor Workshop on 30 March 2010, 6-9pm


Page 55

Report submissions and proposed amendments to the draft LEP to a meeting of Council.

Council Meeting 4 May 2010

April – May 2010

Submit the draft LEP and any proposed amendments adopted by Council to the DOP under section 68 of the Act for their consideration.

The DOP has advised that this process, which includes further review by Parliamentary Counsel and reporting to the Minister, would take approximately 7 months. Assuming the draft LEP and supporting information is submitted to the DOP immediately following the Council Meeting in May, gazettal may occur in November 2010.

Submit to DOP mid-May

Work on finalising the draft DCPs. A further workshop with Councillors would likely be held prior to reporting the draft DCPs and any recommended amendments to a meeting of Council.

DCPs adopted by Council before anticipated gazettal LEP in November 2010*

June – November 2010

Council planners to work closely with the DOP to resolve any issues that arise from their consideration of the draft LEP to facilitate timely progress and gazettal by the end of 2010.

LEP gazettal November 2010

* It is important the draft DCPs are finalised and adopted by Council to be ready to come into force

at the same time as the draft LEP following its gazettal. Section 74C(2) of the Act provides that only one DCP is permitted per planning authority for the same land, and compliance with this requirement is required once a council has prepared its new principal LEP that adopts the provisions of the Standard Instrument or by 31 March 2011 (being five years after the gazettal of the Standard Instrument), whichever is sooner.


Page 56

EP/8 Capital Works Program 2010/2011

MOSPLAN REF: Program 11 REPORT BY: Manager Assets and Services, Craig Covich SUMMARY Summary of the Proposed Draft Works Program 2010/2011. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends that the report be noted and endorsed. REPORT Council Officers have established the draft works program for 2010/2011. This program has been prepared based on the following:

Footpath Defect Audit by Mosman Council - December 2007 (Condition and Defect Survey to be updated in 2010);

Pavement Road Network Report by Pavement Management Services - 2005 (Condition and Defect Survey to be updated in 2010);

Draft Stormwater Asset Management Plan - 2009; Mosman Council Retaining Wall Condition Register - 2008; Risk Management Assessment for Several Rock Faces and Retaining Walls in Mosman by

URS - 2009 (GHD Geotechnics report to be completed in 2010); Mosman Council Building Asset Management Plan by IPEWA - 2007 (To be updated

2010); Council’s Unfunded Works List.

The works program for 2010/2011 is detailed below.

Project Capital Budget Infrastructure

Budget Project Cost

Lower Almora Street Road Works, Footpath Works and Stormwater

Works $160,000.00 $190,000.00 $350,000.00

Footpath and Stormwater Works - The Esplanade Outside The

Watermark $90,000.00 $106,000.00 $196,000.00

General Footpath Capital Works $150,000.00 $150,000.00 $300,000.00 K&G Works $25,000.00 $25,000.00

Ida Avenue Stormwater Works $ 50,000.00 $50,000.00 Retaining Walls $50,000.00 $50,000.00

Illawarra Street Asphalt and Kerb and Gutter Works

$75,000.00 $75,000.00

Resurfacing Works Awaba Street and Cowles Road

$ 75,000.00 $79,000.00 $154,000.00

Costs for the projects have been estimated using Council’s current contract schedule of rates.


Page 57

EP/9 Road Safety Action Plan 2009-2010 Progress Report

MOSPLAN REF: 11.05.09 REPORT BY: Road Safety Officer, Rebecca Thomas SUMMARY Progress report on the implementation of road safety projects in the current Road Safety Action Plan for 2009-2010. OFFICER'S RECOMMENDATION The Manager of Assets and Services recommends that the report be received and noted. REPORT The Road Safety Action Plan for 2009-2010 EP/113 "Road Safety Action Plan and Accident Statistics" was adopted by Council on 7 July 2009 and is currently being implemented with several projects already completed. This progress report covers activities up to January 2010. The projects that are to be implemented from the Action Plan are:

Drink Drive; Safety Around Schools Project & School Blitz; Senior Road Safety Calendar; Senior Driver Seminar; Occupant Restraints - Car Seat Safety Check; Local Streets Speed Campaign - Slow Down in MY Street; Pedestrian Safety; Safe Cyclists; Walk safely to school; and GLS Workshops for Helping Parents and Supervisors of Learner Drivers.

Each year grants are sought from the Roads and Traffic Authority (RTA) and other organisations. Successful grants for this year are: RTA – Child Restraint Checking Campaign $2,000 RTA – Pedestrian Safety Campaign $2,000 RTA – Local Streets Speed Project $4,000 RTA - Drink Drive $2,000 RTA – Workshops for Supervisors and Parents of Learner Drivers $1,500 Drink Drive Paranoia Campaign Drink driving is still a major cause of accidents throughout Sydney so as part of the action to educate the community Pubs, RSL's and Yacht Clubs within Mosman were contacted by the Road Safety Officer during September 2009 to be a part of the Paranoia campaign. The aim of the campaign was to lower the amount of drink driving, promote police enforcement and give patrons of the venues alternative late night transport options to and from Mosman, the city and northern region.


Page 58

Venues received free resources to place and use in their venues with the paranoia message of "You won't know where, you won't know when". Posters both A2 and A4 size were provided to place around the venue and for the back of toilet doors. Information about late night public transport was developed as a card that can fit into patron's wallets and venues distributed by the venues. T-Shirts were also given to venues with the paranoia message for their bar staff and security to wear. Evaluation of the project will commence in February 2010. Safety Around Schools Project For Terms 3 & 4 in 2009 of the school year, road safety banners were lent to schools to place on their fences to promote safe and legal parking around schools. Postcards were distributed to parents with the same road safety message as the banners and tips on how to improve safety around schools. Road rule reminder posters were placed on school fences covering topics such as no stopping, no parking, driveways, double parking and bus zones. A bike safety leaflet was provided to schools to give to all parents within their community it was also suggested that schools should put information about this in their newsletter. Strategies planned for the next two school terms in this education plan are: Term 1: A road safety around schools "Blitz" will be conducted around every school. All schools will be targeted during school zone hours and will include Rangers enforcing parking, Police presence when available; new road rule refresher posters will be placed on school fences and advertisements will be placed in the Mosman Daily. Schools will also be given the road rule reminders to place in their school newsletters. Speed Display Boards will be placed on specific streets to remind motorists of the 40km/h speed zones. Term 2: A leaflet on all parking rules and regulations distributed to every parent attending the schools. Media releases will be done and advertisements will again be placed in the Mosman Daily. Senior Road Safety Calendar The Senior Road Safety Calendar is a joint project with nine other Councils in the Northern Sydney area. It has been running now for seven years and is a very popular resource to seniors. It covers road safety issues particular to seniors in a creative but also lasting format. The project involves volunteers from the community to feature in the photos as well as local camera clubs that volunteer their time to take the photos. The calendar is given to all retirement villages in the Mosman area as well as through events held in the seniors centre and meals on wheels. This year 1000 calendars were distributed throughout Mosman and 21,000 in the whole northern region. Senior Driver Seminar This is a free workshop is for drivers aged 60 or older who wish to refresh their skills, road rules and become low risk drivers. It is an excellent way of getting older drivers up to date with new road rules and skills, as well as answer any questions they have and prepare them for the aged driving test. Once again this year it was very well received with it being booked out again for the second time running with 35 people attending in October 2009. After the workshop very positive feedback from the participants was received with the main comment being it helps seniors to reassess how they are driving as well as making them think about what things they are doing wrong.


Page 59

Occupant Restraints - Car Seat Safety Check A "Children's Car Seat Safety Check Day" was held in Children's Week in October 2009 which was free for Mosman residents. This day consisted of RTA approved restraint fitters coming to Mosman and residents booking their car in to have their children's car seats checked for safety and the correct fit of both the car and the child. The age of the car seats was also examined. It was an education day as well as a correctional fit day as parents were able to ask the fitters many questions on things related to cars seats and be shown how to correctly fit their car seat. The day was very popular and ran for seven hours with two restraint fitters and it was fully booked out with 41 cars on the day and 60 car seats being checked. Another day will be held in March when the new restraint laws come into force. Local Streets Speed Campaign - Slow Down in My Street The project consists of portable Speed Displays and Variable Message Signs (which conduct courtesy speed checks) which will be placed on four specific streets in Mosman in an attempt to slow people down and be more aware of their speed in 50km/h zones. In conjunction with this project, bin stickers with a slow down message will be given out to these specific streets. These stickers are a clear visual warning to drivers stating “SLOW DOWN in my street”. It is considered that this is a great way to have temporary signage out on specific days to remind drivers of the speed zone. The project will start in March 2010 and this year the Police will be conducting an enhanced enforcement project at the same so enforcement will be increased not only in those streets, but all over Mosman and North Sydney. Council Rangers will also be a part of the visual speed displays when conducted. Pedestrian Safety Project This project is currently in its planning stages and will aim to raise pedestrian's awareness when crossing the road and to use pedestrian crossings. Local businesses will be asked to display posters and Adshel posters will be placed up along Military Road. The Adshel poster will display the pedestrian accidents that have occurred in the last 5 years and will stay up for a 4 week period during April 2010. Adverts in the Mosman daily will also be placed throughout April. Safe Cyclists This project is due to start in March 2010 with advertisements and media releases in the Mosman Daily to promote safe cycling to both cyclists and drivers on safe riding and about shared paths. Road safety information was also given to schools about riding safely as part of the schools project and was part of the sustainability leaflets that were produced by the Environment Sustainability section. Walking Safely to School Schools were contacted with a survey regarding holding more walk to school days during the school year. Only three schools returned the survey and there have been mixed responses from the schools regrading what they will do and also the amount of help that they would like from Council. Most schools say they already promote walking to school in other ways. The Road Safety Officer will meet with the schools that asked for help and provide resources where able.


Page 60

GLS Workshops for Helping Parents and Supervisors of Learner Drivers The Workshops for Parents and Supervisors of Learner Drivers offer strategies for keeping learner drivers safe and therefore P plate drivers as well. They also provide on-road practice and information how to correctly complete the Learner Driver Logbook. As young drivers are one of the highest fatalities on our roads it is considered important to educate them early during the learning process to try and make them safer drivers. Now with 120 hours of on road driving experience needed and new rules for both learner drivers and P plate drivers are the main reasons why the Workshops for Parents and Supervisors of Learner Drivers is conducted. One workshop has already been held in December 09 and the next one is planned for 25 February 2010.


Page 61

EP/10 Waste and Sustainability Improvement Payment Program 2009/10 - Approved Projects

MOSPLAN REF: Program 5 REPORT BY: Manager Environment and Services, Mehreen Faruqi SUMMARY Update on projects which have been approved by the NSW Department of Environment, Climate Change and Water (DECCW) under the Waste and Sustainability Improvement Payment (WaSIP) Program 2009/10. OFFICER'S RECOMMENDATION The Manager Environment and Services recommends that the report be received and noted. REPORT Council was previously informed about new standards for eligibility for Waste and Sustainability Improvement Payments (WaSIP) at the meeting on 1 September 2009 (EP/159). In order to qualify for the 2009/2010 payment, councils in the Greater Metropolitan Area were required to commit to the following Standards:

Council to develop and adopt a Strategic Waste Action Plan (SWAP) that contains performance milestones that will contribute to council reaching the 2014 municipal waste target. Councils should submit their completed SWAP to DECCW by 30 April 2010 along with a copy of the relevant section of the council meeting where the waste actions were adopted for implementation.

Council to develop a Sustainability Action Plan (SAP) or policy of similar nature, which contains measurable actions and targets to improve Council’s and the LGA’s environmental bottom line that includes waste, biodiversity, water, energy, climate change, transport and sustainable purchasing actions.

Council to provide DECCW with an action table that provides details of the waste and sustainability actions and targets that Council is committing to implement and the allocation of the 2009/10 WaSIP funds. Councils will be able to allocate WaSIP funds for unfunded sustainability actions and programs drawn from existing council policies and various sustainability plans and/or environmental management plans. DECCW will provide a template for the action table and councils should submit the completed table to DECCW for approval by 30 October 2009.

In November 2009, Council was informed that a payment of $107,243.24 was approved for Mosman Council and was to be allocated to new and/or enhanced waste and sustainability initiatives. Council also received a template for the action table including a template for a financial report (to be completed by 31 August 2010) and instructions on how to complete this. The completed action table was submitted to DECCW for approval on 7 December 2009 and on 14 December 2009 Council received an email from DECCW indicating approval of the actions/programs proposed in the table. A copy of the action table and cover letter to DECCW are attached to Councillors’ Business Papers. Actions/programs included in the table have been drawn from the Environmental


Page 62

Management Plan and/or other sustainability plans as well as priority actions recognised during 2009. DECCW has also provided Council with an electronic tool for preparing a Strategic Waste Action Plan (SWAP) which will be presented to Council for adoption at the April 2010 meeting. Recommendation endorsed by Director Environment and Planning. COUNCILLORS' ATTACHMENTS Circulations WaSIP Action Table and cover letter to DECCW


Page 63

EP/11 Mosman Bowling Club - Update

MOSPLAN REF: 8.03 REPORT BY: Manager Assets and Services, Craig Covich SUMMARY An update on the grant application for the Mosman Bowling Club. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends That:

A. Council allocate $50,000 to prepare Development Application and Construction Certificate Plans and the funding be reported in the Mach 2010 quarterly financial review; and

B. Concept Plans be reported to the March 2010 Council Meeting.

REPORT On 24 November 2009 Council resolved to allocate $50,000 to undertake a maintenance and construction feasibility study of the Mosman Bowling Club. The purpose of this feasibility study was to enable Council to consider and understand the costs and benefits of the conservation of the heritage listed Bowling Club building and the construction of a child care centre at the site. MOSPLAN identifies construction of the child care centre by 2011/12 with plans prepared for the work by 2009/10. On 14 January 2010, the feasibility study was completed and it was concluded that there was benefit in the project. Works would involve the following:

Construction and establishment of a Childcare Centre at the eastern side of the site; Conservation works on the bowling club building; Soil Contamination Remediation works; Upgrading of the building to Building Code of Australia compliance standards; Upgrading of the lighting system for improved environmentally sustainability; Upgrading of the ablution facilities; Upgrading of the disabled access; Installation of a rainwater storage tank to provide irrigation water for the bowling greens;

and Installation of a playground area.

Part of the feasibility study included a quantity surveyor’s report and it is estimated that the cost of the works would be $2.8 - 3 million On this basis Council has applied for a $1.5 million grant from the second round of the Federal Government’s Regional and Local Community Infrastructure Program (RLCIP). Mosman was


Page 64

successful in round one of the RLCIP securing $2 million for construction of the Sports Hall at Drill Hall Common. The announcement of the award of the grant is not expected until late April 2010. If Council was successful, the funding agreement would require the project completed by 30 June 2011. Using this deadline, the following timetable has been devised.

1. Report concept plans to Council March 2010 2. Final Design completed ready for construction April 2010 3. Announcement of Grant Late April 2010 (Assumed) 4. Development Application Process May 2010 5. Advertisement of Construction Tender Close August 2010 6. Award Construction Tender September 2010 7. Complete Construction May 2011

It should be noted that due to the tight timeframe, Council would need to be in a position to lodge a Development Application and have detailed plans completed prior to the announcement of any grant funding. It is anticipated that to prepare this documentation funds of $50,000 would be required. Concept plans will be complete by March 2010 at which time they will be reported to Council. Should Council be successful in obtaining the grant, it is anticipated that Council’s funding contribution would be sourced through Section 94 funds. If Council is not successful in its funding application, the feasibility of the project would need to be reviewed.


Page 65

EP/12 Development Control Unit

MOSPLAN REF: 01.01.02 REPORT BY: Director Environment & Planning, John Carmichael SUMMARY Minutes of the Development Control Unit meeting held on 21 January 2010. OFFICER'S RECOMMENDATION The Director Environment and Planning recommends that the Minutes of the Development Control Unit meeting held on 21 January 2010 be received and noted. REPORT Minutes of the Development Control Unit meeting of 21 January 2010 are circulated for the information of Councillors and for record purposes. Recommendation endorsed by General Manager. COUNCILLORS' ATTACHMENTS Minute Book Attachments Minutes of the Development Control Unit meeting of 21 January 2010.


Page 66

12. TRAFFIC COMMITTEE

Report from Traffic Committee Meeting - 9 December 2009

The Traffic Committee met in the Council Chambers, Mosman Square on 9 December 2009 from 10:20am to 11.36am. PRESENT The Chairperson (Councillor P S Menzies) in the Chair, Mrs Marilyn Mackenzie (representative of Jillian Skinner, MP), Mr Jana Jegathesan (RTA), Sgt Mick Sweeney (Harbourside LAC), Mr Bruce Richards, Mr Rob Rosadi and Mr Edward Osiowy (STA), together with the Manager Assets and Services, Senior Traffic Engineer, Road Safety Officer and Senior Administration Officer. Councillors Connon, Wilton and Yates were in attendance. APOLOGIES An apology was received from Ms Kaye Russell of the RTA and Councillor Lopez. DISCLOSURES OF PECUNIARY INTERESTS No disclosures of pecuniary interests were raised by Councillors or Senior Staff. DISCLOSURES OF NON-PECUNIARY INTERESTS No disclosures of non-pecuniary interests were raised by Councillors or Senior Staff. Items RESOLVED pursuant to authority delegated to the Committee: Item No Description T/61 Hale Road - Review of Road Safety Audit Recommendations T/63 Rangers Avenue - Pedestrian Refuge Upgrade T/65 Sverge Street/Moran Street - Request for Traffic Mirror T/66 Botanic Road - Proposed Motorbike Parking T/67 McLeod Street - 90 Degrees Angle Parking T/68 Mosman Street - Proposed Parking Restrictions


Page 67

T/62 Esther Road - Request for Disabled Parking

MOSPLAN REF: 11.04.02

REPORT BY: Senior Traffic Engineer, Sam Sathanesan SUMMARY Request for a Disabled parking in Esther Road. OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That:

A. Correspondence from Ms Mockler dated 13 September 2009 be noted; and

B. No changes be made to the parking arrangements in Esther Road at this time. Can this item be resolved by the Committee: Yes Ms Geraldine Mockler (3/12A Esther Road) addressed the Committee on this item. COMMITTEE RECOMMENDATION Motion Menzies/Mackenzie That the request for disabled parking in Esther Road be approved and appropriate signage be installed. CARRIED UNANIMOUSLY REPORT In September 2009 Council received an application from Ms Mockler of Esther Road for a Disabled Parking in Esther Road. The application included a copy of Mobility Parking Scheme (MPS) sticker issued by the RTA. The on-street parking in Esther Road, in the vicinity of Ms Mockler's property, is signposted as "2P, 8:00:AM-8:00PM, Sat-Sun & Public Holidays, 1 Feb - 30 Nov, Mon-Sun, 1 Dec- 31 Jan, Permit Holders Excepted". There is also an existing Disabled Parking space in Esther Road. Installation of Disabled Parking on local roads is delegated to the General Manager. A condition of this delegation is that no objection is received from the members of the Local Traffic Committee (LTC). Advices from the members of the LTC have been received. The advice received from the Police representative was that a resident with a Mobility Parking Scheme (MPS) sticker or a Resident Parking Scheme (RPS) permit would be exempted from the 2P parking restriction anyway. Since the above provisions are not satisfied in respect of Ms Mockler's request, the matter cannot be resolved by delegation. Under these circumstances, the matter is referred to the Committee for determination.


Page 68

FINANCIAL IMPLICATIONS There are no implications at this stage. MEMBERS' ATTACHMENTS Circulation Correspondence from Ms Mockler dated 13 September 2009


Page 69

T/64 Punch Street - STA Proposal for Metrobus Service Route 30

MOSPLAN REF: 11.07

REPORT BY: Senior Traffic Engineer, Sam Sathanesan SUMMARY Consideration of State Transit Authority's proposal to install a bus layover area in Punch Street for Metrobus Route 30. OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That:

A. The State Transit Authority's proposal for Metrobus Route 30 dated 20 November 2009 be noted;

B. The proposed Bus Zone on the southern side of Punch Street be reduced to accommodate one articulated bus; and

C. STA be requested to investigate other options to address traffic safety associated with Route 30 articulated buses turning into Punch Street from Moruben Road.

Can this item be resolved by the Committee: Yes This item has been called by Councillor Reid. Ms Maureen Collins (1/11 Moruben Road), Mr Carl Crawford (1/8 Punch Street), Mr Robert Smallwood (1/13 The Strand, Dee Why), Mr Robert Anderson (2/8 Punch Street), Mr Roy Richards (3/3 Punch Street), Mr Peter Psaltis (4/1 Punch Street), Mr Graham Thornton (17 Moruben Street), Mr Edward Osiowy (Senior Service Planner, STA) and Mr Robert Rosadi (Traffic Engineer, STA) addressed the Committee on this item. COMMITTEE RECOMMENDATION Motion Menzies/Mackenzie That: A. Council staff liaise with the STA over possible alternatives to the bus stop in Punch Street

and provide this information to the Council meeting in February 2010. B. Council officers further investigate the safety of the Punch Street and Moruben Road

intersection. CARRIED UNANIMOUSLY BACKGROUND From March 2010, the State Transit Authority (STA) intends to introduce a new Metrobus Route 30 service between Mosman and Enmore via Sydney CBD, Sydney University and Newtown. This is one of a number of such Metrobus services announced by the Premier in March 2009:


Page 70

Route 10 - between Leichhardt and Maroubra Junction via City (now operating) Route 20 - between Gore Hill and Mascot via City (now operating) Route 30 - between Mosman and Enmore via City Route 40 - between Chatswood and Bondi Junction via City Route 50 - between Drummoyne and Randwick via City. Route 30 – Mosman to Enmore via City From Spit Junction, buses will run along Military Road via Cremorne and Neutral Bay and travel via the Warringah Freeway and across the Harbour Bridge to Wynyard. Buses will continue through the City past the QVB and Town Hall, along George Street, through Railway Square and along Broadway. Route 30 will then run along City Road, past Sydney University and on to King Street, Newtown and Enmore Road, Enmore. Specifically, from Mosman, Route 30 will run: Commence Punch Street (first pick up) Left Spit Road Right Military Road Left Warringah Freeway Continue Harbour Bridge, York Street City Left Druitt Street Right George Street Continue Broadway Left City Road Continue King Street Right Enmore Road Spit Junction was chosen as a logical terminus to this inner-city, higher frequency service, providing a suitable destination and anchor with patronage potential, given its size, range of shops and services, and the population within walking distance of the Junction. Initially, Route 30 buses will run at 10 minute intervals during weekday peak hours, reducing to a 15 minute service in off-peak times and a 20 minute service on weekends and evenings. The STA advises that all services on Route 30 will be operated by the newest buses in the State Transit fleet. Each brightly coloured red bus will be an air-conditioned, low floor wheelchair accessible bus with the latest features improving ride quality and comfort for passengers and minimising emissions and noise. It is understood that the new Metrobuses meet the Euro V emissions standards. Route 30 will initially operate a mixture of rigid (12.5m long) and articulated (18m long) buses. To facilitate provision of this service, the STA seeks approval from Council to install a full time Bus Zone on Punch Street. REPORT STA's proposal On 23 November 2009 Council received a proposal from the STA to introduce a 38m long full time Bus Zone on the southern side of Punch Street, between the intersection of Spit Road and the existing Bus Zone, to accommodate the laying over of two articulated buses. A copy of STA submission dated 20 November 2009 is attached to the members' business papers.


Page 71

The submission states that the existing bus zone on Punch Street will remain unchanged and continue to accommodate bus Routes 143, 144, 229 and 246 currently operating from this stop. Loss of parking The new Bus Zone extension will result in the removal of six (6) on-street parking spaces, three of which are 1 Hour parking. The other three are unrestricted parking spaces. Comment: It is considered that a Bus Zone is required for this new service. At the same time consideration should be given to minimise the loss of short term parking in Punch Street. The STA should be advised that Council may not agree to the removal of three 1 Hour parking spaces in Punch Street and the existing Bus Zone on Punch Street will need to be assessed on the basis of the 1 hour parking being retained. Punch Street/Moruban Road intersection The STA has submitted a turning diagram for articulated buses at the intersection of Punch Street and Moruben Road for left turn movements. Turning appears to be tight with the bus crossing the existing double centerline. There will be conflict between buses and eastbound traffic at the intersection and this is not considered satisfactory. To address the issue of traffic safety, the STA proposes that the existing double center lines and traffic dome on Punch Street be removed and replaced with a new broken centre line 1.6m north. As part of this, a 20m “No Stopping” zone on the northern side of Punch Street to the intersection of Moruben Road will be necessary and result in the removal of one parking space. Comment The installation of a new broken center line 1.6m north of the existing line is not appropriate or acceptable from a safety point of view as the bus still appears to cross the new center line. Further loss of on-street parking at this location is not supported. Other options, including the realignment of the kerbline at the south-east corner of Punch Street and Moruben Road, should be investigated by the STA. Public consultation Upon receipt of the proposal Council officers prepared notifications which were sent to residents of Punch Street on 24 November. The letter asked the residents to make submissions on the proposal by 1 December 2009 or to attend the Local Traffic Committee meeting on 9 December 2009 to provide their views. At the time of writing the report, seven submissions have been received. Six of them are against the proposal. The following comments were made in the correspondence: Residents who are not in favour of the proposal

30% of the parking will be lost. When buses start and stop the noise is just so loud. Old people in The Garrison have trouble getting around with more buses in Punch Street. Lack of existing parking spaces is distressing in proximity of Punch Street. The proposal is going against the needs and resident expectation.


Page 72

Unique qualities of water views creating a special character of this place and it will be disturbed and damaged by this proposal.

There is no need for this service. This proposal will attract a larger number of people to the street wishing to use the buses. This is likely to have a negative impact on the value of my property. Why Spit Junction or Military Road stops cannot be expanded rather than forcing traffic to

residential streets. Removal of 6 on-street parking spaces in such a busy residential area is ridiculous. Would it not be pro-active to share the burden of this proposal in other streets? You encourage non-residents of Mosman to visit our great suburb. The new route will attract more commuters to park their cars in the area. Visitors will find it extremely difficult to park and visit. The proposed service timetable is A LOT of extra traffic and noise pollution. Instead of taking more spaces away from this area, it would be greatly appreciated that the

residents of this street be given some consideration and priority, we would have permits while others could be on timed 1 hour parking, between 8am to 10pm.

Residents who are in favour of the proposal

As owners of a property in Punch Street, we have no objection to the proposed installation of a Bus Zone for Metrobus Route 30 outside the property, nor to any related works.

Submissions received after 1 December and before 8 December 2009 will be provided as late correspondence to the members of the Local Traffic Committee. CONCLUSION Due to short notice, several factors have not been resolved that allow for a full assessment of the proposal. This includes changes to the intersection of Punch Street and Moruben Road and incomplete public consultation. The recommendations are subject to the pending investigation by the STA for the use of existing Bus Zone in Punch Street and alternative proposals for the Punch Street/Moruben Road intersection. Notwithstanding this it is suggested that: 1 The existing 1 Hour parking in Punch Street be retained; and 2 The proposed Bus Zone in Punch Street be reduced to accommodate one articulated bus. FINANCIAL IMPLICATIONS There are no implications at this stage. MEMBERS' ATTACHMENTS State Transit Authority correspondence dated 20 November 2009


Page 73

T/69 Pearl Bay Avenue - Relocation of Bus Stop

MOSPLAN REF: 11.07.04

REPORT BY: Senior Traffic Engineer, Sam Sathanesan SUMMARY Consideration of a proposal to relocate the bus stop in Pearl Bay Avenue near Moss Lane. OFFICER'S RECOMMENDATION The Manager Assets and Services recommends: That:

A. Subject to the concurrence of Sydney Buses, the bus stop be relocated as indicated in the report;

B. Bus Zone signs be erected to indicate the days and hours the bus stop operates; and

C. The two jacaranda trees be pruned to prevent them from overhanging the kerb. Can this item be resolved by the Committee: Yes Mr Donald Smith (12 Pearl Bay Avenue) addressed the Committee on this item. COMMITTEE RECOMMENDATION Motion Menzies/Mackenzie That no further action be taken. CARRIED REPORT The position of the bus stop on the southern side of Pearl Bay Avenue east of Moss Lane does not comply with the Australian Road Rules (ARRs). The bus stop sign is positioned in Pearl Bay Avenue close to the eastern side boundary of Moss Lane. The ARRs require a distance of 10 metres of "No Stopping" along Pearl Bay Avenue between the kerb line in Moss Lane and the commencement of the bus stop and a distance of 30 metres along Pearl Bay Avenue for the bus stop. The introduction of these requirements will move the bus stop in an easterly direction. It will occupy the kerb space in front of No.12 and 14 Pearl Bay Avenue and part of the kerb space in front of No.10 Pearl Bay Avenue to the western side of the vehicular entrance to No.10 Pearl Bay Avenue. Two jacaranda trees will require pruning to prevent branches from overhanging the kerbline so as to facilitate and to prevent potential damage to buses and the trees. Although buses only operate from this Bus Stop between 6:00am and 10:00am Monday to Friday, there is no indication that this is the case on the existing bus stop sign. This means that vehicles, other than a bus, cannot legally park at anytime in the 30 metres length of the bus stop as defined in the ARRs.


Page 74

It is therefore proposed to erect Bus Zone signs at each end of the bus stop to clearly define the length of the Bus Zone and to place on the signs the hours and days that the Bus Zone operates. This will enable residents and visitors to legally park in the Bus Zone outside the hours of operation of the Bus Zone. The owners of the three properties likely to be affected by the moving of the bus stop have been advised. Two letters have been received from the owner of No.12 Pearl Bay Avenue. These letters are attached to the members' business papers. FINANCIAL IMPLICATIONS Bus Zone signs can be financed from Council's Traffic Facilities funds. MEMBERS' ATTACHMENTS Submissions from No 12 Pearl Bay Avenue.


Page 75

13. QUESTIONS WITHOUT NOTICE Questions Without Notice to be submitted by Councillors for consideration.


Page 76

14. CORRESPONDENCE

COR/1 Correspondence: Mosman Public Art Trust

MOSPLAN REF: 10.05.10 RECOMMENDATION That the correspondence be received. CORRESPONDENCE The Secretary of the Mosman Public Art Trust has written to the General Manager:

"I wish to advise that Spencer Steer Chartered Accountants have completed an audit of the finances of the Mosman Public Art Trust for the last financial year, 2008/2009. A copy of this report is attached for your attention and the information of Council."

Note from General Manager: A copy of the audited financial statements is available from the Director Corporate Services.


Page 77

COR/2 Correspondence: Paediatric Department, Royal North Shore Hospital

MOSPLAN REF: 8.02 RECOMMENDATION That the correspondence be received. CORRESPONDENCE Following distribution of the donated gifts from Council's Christmas 'giving tree' the Recreational Therapist from the Paediatric Department of Royal North Shore Hospital has written to the Mayor:


Page 78

COR/3 Correspondence: Annual Reports

MOSPLAN REF: 01.01.02 RECOMMENDATION That the correspondence be received. CORRESPONDENCE The following annual Reports for 2008/09 have been notified. Hard copies of those reports marked with (*) are available from the Director Community Development.

Department of Local Government - available on website www.dlg.nsw.gov.au

Independent Commission Against Corruption (ICAC) – can be viewed on the ICAC’s website www.icac.nsw.gov.au (*)

NSW Maritime – view on website www.maritime.2009.annual-report.com.au

Scouts Australia NSW - available at www.nsw.scouts.com.au (*)

SHOROC - available for download at www.shoroc.nsw.gov.au (*)

State Transit Authority - online at www.sydneybuses.info/corporate/publications.htm

Sydney Harbour Federation Trust – available online at www.harbourtrust.gov.au

Sydney Ports Corporation – available on website www.sydneyports.com.au

Sydney Water - full Annual Report can be found at www.sydneywater.com.au/AnnualReport. Annual Report Summary (*)

http://www.dlg.nsw.gov.au/�

http://www.icac.nsw.gov.au/�

http://www.maritime.2009.annual-report.com.au/�

http://www.nsw.scouts.com.au/�

http://www.shoroc.nsw.gov.au/�

http://www.sydneybuses.info/corporate/publications.htm�

http://www.harbourtrust.gov.au/�

http://www.sydneyports.com.au/�

http://www.sydneywater.com.au/AnnualReport�


Page 79

15. NOTICES OF MOTION

NM/1 Notice of Motion: Second Hand Saturday

SUBMITTED BY: Councillor Menzies MOSPLAN REF: 05.10.06 NOTICE OF MOTION That staff investigate and report on implementing the Second Hand Saturday concept in Mosman. Background Second Hand Saturday - the biggest garage sale ever - is an opportunity to promote community spirit while reducing the amount of waste going to landfill. Local Governments such as Willoughby, Hornsby, Manly and numerous others co-ordinate and promote garage sales in their neighbourhoods under the Second Hand Saturday banner. They are usually held bi-annually in the week prior to council clean-ups. Second Hand Saturday's would help to reduce the amount of waste going to landfill, enable residents to participate in the promotion of re-use and repair, and engage them in an environmentally, socially and economically rewarding activity.


Page 80

NM/2 Notice of Motion: Health Education Signage from the NSW Cancer Council on the Mosman Rider Bus

SUBMITTED BY: Councillor Halloran MOSPLAN REF: 11.04.02 NOTICE OF MOTION That Council uses the Mosman Rider bus to promote the NSW Cancer Council's sun smart and anti smoking messages on both sides of the bus, provide free sunscreen on board the bus and educational materials for bus users; and that Council accept $3000 from the NSW Cancer Council towards the running costs of the bus for a contract period of twelve months. History The NSW Cancer Council wishes to assist in the running of the Mosman Rider bus and help educate the Mosman community on the benefits of 'slip, slop, slap, shade' by providing a sun smart and anti-smoking message on both sides of the bus, free sunscreen on board the bus, educational material for bus users on how to protect themselves from melanoma, Australia's greatest number one cancer killer, and in addition will also contribute $3000 towards running costs of the bus or for use by Mosman Council towards a NSW Cancer Council health promotional activity. The details of the exact wording of an appropriate message and/or ideas of an activity are to be confirmed by the NSW Cancer Council and Council staff. Mosman has one of Sydney's most popular beaches. This creates an opportunity for the NSW Cancer Council to make a strong visible impact on the local community and beach users on the dangers of skin cancers and the protection options. It is also an anti-smoking beach and the danger of smoking is another issue the Cancer Council wish to re-enforce. Mosman Council has the responsibility to assist not for profit organisations like the NSW Cancer Council in educating the public. Signage on the newly installed Mosman Rider bus will achieve this and is a bonus to the ratepayer as it helps in the running costs of the service or, if Council wishes, the $3000 can be used towards another educational event for the community. The signage costs, sunscreen and educational flyers will be provided for by the NSW Cancer Council and an additional $3000 will be donated to Mosman Council to assist in the running costs of the free bus service or the option to use the money towards a NSW Cancer Council health promotional activity in the community or at the beach. This arrangement will be valid for a contract period of twelve months - with the opportunity to extend at the end of the twelve months if the bus service and/or health promotional activity proves to be a success.


Page 81

NM/3 Notice of Motion: Not to Use Eggs from Caged Chickens

SUBMITTED BY: Councillor Halloran MOSPLAN REF: 05.09.01 NOTICE OF MOTION That: Mosman Council adopts a policy of not using eggs sourced from caged chickens. This policy will include but not be limited to the following situations:

A. All future catering arrangements will only be made with caterers who can guarantee that they use non-cage eggs.

B. The use of non-cage eggs be stipulated in any future tenders or contracts relating to the supply of food in which Council is a party. Where there is no option but to source food from a vendor who uses caged chicken eggs, "No eggs" will be Council's preferred option.

C. That Council publicise this policy on its website and that the General Manager write directly to all known suppliers of food products to Council notifying them of the new policy position.

D. That Council applaud other Mosman businesses, organisations and households who adopt a similar policy.

E. That Council supports any similar motions at the LGA, NSROC and in any other area in which it may be expected to voice a position, relevant to this policy.

mosman council ordinary meeting agenda 2 february 2010 · cr warren yates cr belinda halloran ....

Documents