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Council Chambers 22 October 2015

The 3671st EXTRAORDINARY MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 5.00pm on Friday, 23 October 2015. The agenda is as follows.

WARWICK WINN GENERAL MANAGER

North Sydney Council is an Open Government Council. The records of Council are available for public viewing in accordance with this policy, with the only exception being made for certain confidential documents such as legal advice, matters required by legislation not to be divulged, and staff matters.

APOLOGIES/LEAVE OF ABSENCE

CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST RESCISSION MOTIONS of which due notice has been given COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

Council Chambers 22 October 2015

The 3671st EXTRAORDINARY MEETING of COUNCIL will be held at the Council Chambers, North Sydney at 5.00pm on Friday, 23 October 2015. The agenda is as follows.

WARWICK WINN GENERAL MANAGER

North Sydney Council is an Open Government Council. The records of Council are available for public viewing in accordance with this policy, with the only exception being made for certain confidential documents such as legal advice, matters required by legislation not to be divulged, and staff matters.

APOLOGIES/LEAVE OF ABSENCE

CONFIRMATION OF MINUTES of the previous Meeting DECLARATIONS OF INTEREST RESCISSION MOTIONS of which due notice has been given REPORTS FROM OFFICERS OF THE COUNCIL COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR

INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT

VISITOR

Cr J e ffMORRIS

WOLLSTONECRAFT WARD

DIRECTORCommunity &

Library ServicesMr Martin Ellis

DIRECTOREngineering &

Property ServicesMr Duncan Mitchell

DIRECTOROpen Space &

Environmental Services

Mr Robert Emerson

DIRECTORCity Strategy

Mr Joseph Hill

MANAGER CHIEF OPERATING

OFFICERMr Adrian Panuccio

Cr VéroniqueMARCHANDEAU

TUNKS WARD

Cr Vi rg i n i aBEVAN

VICTORIA WARD

COUNCIL OFFICERS

MAYORCr Jilly GIBSON

PUBLIC GALLERY

DIRECTORCorporate ServicesMr Ross McCreanor

GENERAL MANAGERMr Warwick Winn

Cr M e l i s s aCLARE

WOLLSTONECRAFT WARD

Cr Ste p h e nBARBOUR

CREMORNE WARD

Cr Zo ëBAKER

WOLLSTONECRAFT WARD

Cr M a r y A n nBEREGI

TUNKS WARD

Cr TonyC ARR

VICTORIA WARD

Cr MichelRE YMOND

VICTORIA WARD

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings

1. Council meetings comprise the full membership of the Council with a quorum of six Councillors. Ordinary Council meetings consider reports from all Divisions of Council. 2. The Chairperson shall be the Mayor or, in her absence, the Deputy Mayor. 3. A recorded message listing all items on the agenda is placed on the Agenda Information Line (9936 8188) after midday on the Thursday before a Council meeting. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers. 4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8115) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm. 5. As the Chairperson calls the brought forward items on the agenda, speakers are invited to take their place at the foot of the Councillors’ table. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery. 6. The following points should be noted by members of the public wishing to address Council:

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

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

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

you may take no further part in the debate. No written submissions or documentation may be presented to the meeting without a

resolution of Council

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

COUNCIL MEETINGS

Explanatory Notes for Members of the Public Attending Meetings business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager. 9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress. 10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting. 11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. All Council meetings are also webcast via the internet. Members of the public are advised that if they address Council their voice will form part of the webcast but they will not appear on camera. Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at Council Offices or Stanton Library.

N O R T H S Y D N E Y C O U N C I L

Minute Book Page No 325

This is Page No 325 of the Minutes of the 3670th Meeting of the North Sydney Council held on Monday, 19 October 2015.

MINUTES: 3670th MEETING OF THE NORTH SYDNEY COUNCIL HELD

ON MONDAY, 19 OCTOBER 2015 AT 7.00 PM.

PRESENT

The Mayor, Jilly Gibson, in the Chair, and Councillors Baker, Barbour, Beregi, Clare, Marchandeau, Morris and Reymond. Leave of Absence: Councillors Bevan and Carr. At the commencement of business (7pm) those present were: The Mayor, and Councillors Baker, Barbour, Beregi, Clare, Marchandeau and Reymond. . The meeting was opened by the Mayor. Councillor Beregi read the Acknowledgement of Country

364. Matters Brought Forward at the Request of Members of the Public Gallery It was moved, seconded and carried - THAT the following items be brought forward and dealt with at this stage:

CiS01 - Planning Proposal - 11 Cowdroy Avenue, Cammeray CiS06 - DPE Pre Gateway Review Assessment of Planning Proposal - 75-89

Chandos St, 58-62 Atchison St and 23-35 Atchison St, St Leonards - Auswin TWT Development

CoS05 - Youth/Councillor Mentor Program NoM08 - Notice of Motion No. 29/15 by Cr Baker - 16/09/15, Re: Youth

Volunteer Initiative

365. Minutes The Minutes of the previous 3669th Council Meeting held on Monday, 21 September 2015, copies of which had been previously circulated, were taken as read and confirmed, subject to the correct mover and seconder of the amendment for Minute 346 (Item CoS09) being checked on recording and amended if necessary.

The Motion was moved by Councillor Reymond and seconded by Councillor Beregi.

Voting was as follows: For/Against 7/0

COUNCIL - 19/10/15 Page (326)

Councillor Yes No Councillor Yes No Gibson Y Beregi Y Reymond Y Barbour Y Clare Y Morris AbsentBaker Y Marchandeau Y Carr Absent Bevan Absent

(NB: The Amendment for Minute 346 (Item CoS09) was moved by Cr Baker, seconded by Cr Beregi)

366. Leave of Absence Councillor Carr and Councillor Bevan have indicated their inability to attend the Council meeting on 19 October 2015 It is therefore recommended that Council grant leave of absence to Councillor Carr and Councillor Bevan for the meeting of 19 October 2015. RESOLVED: 1. THAT leave of absence be granted.

367. Declarations of Interest

Re Item NoM04 Outstanding matter related to Council resolutionCouncillor Gibson and Beregi

Non-pecuniary/Significant

Re Item CiS06 Councillors Clare and Reymond

DPE Pre Gateway Review Assessment of Planning Proposal - 75-89 Chandos St, 58-62 Atchison St and

23-35 Atchison St, St Leonards - Auswin TWT Development

Non-pecuniary/Significant Members of the JRPP

MINUTES OF THE MAYOR

Nil

MATTERS BROUGHT FORWARD

Ms S. Wakeling addressed Council on items NoM08 and CoS05.

Cr Morris arrived at the meeting at 7.12pm.

368. CoS05: Youth/Councillor Mentor Program Report of Ian Curry, Manager Governance and Committee Services At its meeting on 20 July 2015, Council considered an application for the Youth/Councillor Mentor Program and resolved (Min. No. 239): 1. THAT the EOI be referred to the next Youth/Councillor Mentor Program round in October 2015 and in the interim that Council write to the applicant thanking them and advising they will be considered as part of formal program when it next comes before Council. A copy of the previous report is attached.

COUNCIL - 19/10/15 Page (327)

The related costs are minimal and can be allocated from the existing 2015/16 budget Recommending: 1. THAT the mentee Expression of Interest to participate in the Youth/Councillor Mentor Program be received and Council appoints a Councillor as mentor. 2. THAT a report be submitted to Council after the next Local Government election asking for interested councillors to nominate to be involved in the Program.

A Motion was moved by Cr Gibson and seconded by Cr Marchandeau

1. THAT Councillor Gibson be nominated as mentor for the Youth/Councillor Mentor Program. 2. THAT a report be submitted to Council after the next Local Government election asking for interested councillors to nominate to be involved in the Program. 3. THAT Councillor Baker be congratulated for her participation in the Youth/Councillor Mentor Program and doing an excellent job of mentoring Ms Sophia Wakeling.


Councillor Yes No Councillor Yes No

Gibson Y Beregi Y Reymond Y Barbour Y Clare Y Morris Y Baker Y Marchandeau Y Carr Absent Bevan Absent

369. NoM08: Notice of Motion No. 29/15 by Cr Baker - 16/09/15

Re: Youth Volunteer Initiative 1. THAT a report be prepared and provided to Council on the establishment of a youth volunteer initiative similar to the “Youth Army” established by the Hills Shire Council. The Motion was moved by Cr Baker, seconded by Cr Beregi

RESOLVED: 1. THAT a report be prepared and provided to Council on the establishment of a youth volunteer initiative similar to the “Youth Army” established by the Hills Shire Council. 2. THAT the report include the consideration of an Educational and Communication Strategy to all fourteen educational establishments in the LGA. Voting was as follows: For/Against 8/0



COUNCIL - 19/10/15 Page (328)

370. CiS01: Planning Proposal - 11 Cowdroy Avenue, Cammeray Report of Katerina Pikoulas, Student Strategic Planner On 21 September 2015, Council considered an assessment report (refer to Attachment 1) in relation to a Planning Proposal that seeks to amend North Sydney Local Environmental Plan 2013 (NSLEP 2013) to permit a second dwelling in the form of a ‘dual occupancy (detached)’ at 11 Cowdroy Avenue, Cammeray. The report recommended that Council refuse the Planning Proposal from proceeding to Gateway Determination for the following reasons: Insufficient information has been provided to enable a considered assessment; Sufficient residential capacity is already provided under NSLEP 2013 without

the need to change the land use mix; The proposal represents an unacceptable precedent in so far that it:

(a) Introduces a new residential accommodation type that is currently not permissible anywhere in the Local Government Area (LGA); and (b) Gives the impression to the community that Council is willing to amend its planning controls to legitimise unlawful works or unauthorised uses;

If implemented, the proposal would result in unreasonable amenity impacts for the occupants of the two dwellings on the site; and

If implemented, the proposal cannot comply with the relevant planning controls under NSLEP 2013 relating to dual occupancies.

Council resolved to defer determining the matter pending an in-house discussion between Councillors, Council staff and the applicant, which subsequently occurred on 6 October 2015. At the briefing the merits for and against the Planning Proposal were discussed, with a particular focus on the zoning history of the subject site, the character of the surrounding area and potential policy implications. Consistent with the recommendation of the 21 September 2015 report, it is recommended that the Planning Proposal not be supported to proceed to Gateway Determination for the reasons outlined in the original report. Recommending: 1. THAT Council refuse the Planning Proposal from proceeding to Gateway Determination. 2. THAT Council notify the applicant of Council’s determination in accordance with Clause 10A of the Environmental Planning and Assessment Regulations 2000. 3. THAT Council’s Building Compliance section continue regulatory action to cease the use of the rear southern building as a second dwelling.

Mr Holmes and Ms Levy addressed the meeting.

A Motion was moved by Cr Gibson, seconded by Cr Marchandeau

1. THAT Council call for a report on any possible options for granting approval, including:

a) Placing11 Cowdroy Avenue, Cammeray on a Schedule 1; b) Amending or removing Condition 2; c) Forwarding the Planning Proposal to the Department of Planning for

determination.

An Amendment was moved by Cr Baker, seconded by Cr Morris

1. THAT Council refuse the Planning Proposal from proceeding to Gateway Determination. 2. THAT Council notify the applicant of Council’s determination in accordance with

COUNCIL - 19/10/15 Page (329)

Clause 10A of the Environmental Planning and Assessment Regulations 2000. 3. THAT Council’s Building Compliance section continue regulatory action to cease the use of the rear southern building as a second dwelling.

The Amendment was put and carried and became the Motion



Gibson N Beregi Y Reymond Y Barbour N Clare Y Morris Y Baker Y Marchandeau N Carr Absent Bevan Absent

The Motion was put and carried



Gibson N Beregi Y Reymond Y Barbour N Clare Y Morris Y Baker Y Marchandeau N Carr Absent Bevan Absent

RESOLVED: 1. THAT Council refuse the Planning Proposal from proceeding to Gateway Determination. 2. THAT Council notify the applicant of Council’s determination in accordance with Clause 10A of the Environmental Planning and Assessment Regulations 2000. 3. THAT Council’s Building Compliance section continue regulatory action to cease the use of the rear southern building as a second dwelling.

Cr Clare and Cr Reymond declared an interest in the CiS06 and left the meeting at 7.56pm.

371. CiS06: DPE Pre Gateway Review Assessment of Planning Proposal - 75-89 Chandos St, 58-62 Atchison St and 23-35 Atchison St, St Leonards - Auswin TWT Development Report of Marcelo Occhiuzzi, Manager Strategic Planning Council received a Planning Proposal for a mixed use development at 75-89 Chandos St, 58-62 Atchison St and 23-35 Atchison St, St Leonards (“Auswin site”) in August 2014. The proposal was lodged well before Council adopted the St Leonards/Crows Nest Planning Study and was significantly in excess of the development parameters subsequently identified in that Study as adopted by Council. The applicant lodged a Pre Gateway Review with the Department of Planning and Environment (DPE) in January 2015 on the basis that the application had not been determined by Council within 90 days. Council has systematically prepared planning studies for St Leonards and Crows Nest to proactively manage the high level of development interest in the precinct in a manner that has been comprehensive, collaborative, consultative and directly responsive to metropolitan planning objectives. These studies (identified as precincts 1, 2 and 3)

COUNCIL - 19/10/15 Page (330)

represented much more than a simple analysis of development potential in the precinct. They addressed the issues of employment, urban design, amenity issues, accessibility and created mechanisms to ensure that there is a significant public benefit that will underpin and support new development. The most recent of these, the St Leonards/Crows Nest Precincts 2/3 Planning Study, was adopted in May 2015 which identified a maximum height limit of 16 storeys for this site with a notation that design flexibility may be explored on the basis of the preparation of a masterplan. Even though at a briefing in May 2015, Council invited the applicant to engage with Council staff to discuss a masterplan for the site, further contact with Council was not made and the Pre Gateway Review was continued with the Department. Council staff received notification that on 29 September 2015, the DPE had recommended that the review request was eligible for review by the Joint Regional Planning Panel. The Department indicated support for a height limit of 36 and 32 storeys (117m and 97m respectively) which represents at least double the height limit identified in Council’s endorsed Study. The Proposal will now be referred to the Joint Regional Planning Panel for its consideration and determination. If the Panel endorses the Department’s view, the Proposal can then be publically exhibited for comment. A date is yet to be set for the Panel’s consideration of the Proposal and Council staff will have an opportunity of presenting a response. The Department’s determination is very disappointing in light of the NSW Government’s rhetoric regarding the importance of good evidence based strategic planning to guide the development of Sydney. Council’s rigorous planning process undertaken to formulate a well considered, comprehensive growth plan for the precinct is an excellent example of a local authority translating wider metropolitan planning objectives at the local level in a responsible and consultative manner. Unfortunately, this has been largely ignored by the very Department which partly funded this work. This report provides detail regarding this process. Recommending: 1. THAT Council seek a meeting with the Minister to express its disappointment and surprise that Council’s rigorous and comprehensive planning processes could be so seriously undermined. 2. THAT Council make strong representations to the Joint Regional Planning Panel outlining the flaws in the Department’s assessment of the Proposal and the benefits of Council’s adopted approach to guide the future development of the site. 3.THAT Council advocate strongly that any increase in density for this site be accompanied by commensurate public benefit funded by the developer by way of a Planning Agreement consistent with the benefits identified in the St Leonards/Crows Nest Precincts 2/3 Planning Study, concurrent with any changes to the planning controls.

Mr Smyth addressed the meeting.

A Motion was moved by Cr Baker, seconded by Cr Gibson

1. THAT Council seek an urgent meeting with the Minister to express its disappointment and surprise that Council’s rigorous and comprehensive planning processes could be so seriously undermined. 2. THAT Council make strong representations to the Joint Regional Planning Panel outlining the flaws in the Department’s assessment of the Proposal and the benefits of Council’s adopted approach to guide the future development of the site. 3.THAT Council advocate strongly that any increase in density for this site be accompanied by commensurate public benefit funded by the developer by way of a Planning Agreement consistent with the benefits identified in the St Leonards/Crows

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Nest Precincts 2/3 Planning Study, concurrent with any changes to the planning controls. 4. THAT Councillor Gibson and Councillor Baker, or another Wollstonecraft Ward Councillor, also attend the meeting with the Minister and Council’s Planning staff. The Motion was put and carried



Gibson Y Beregi Y Reymond DoI Barbour Y Clare DoI Morris Y Baker Y Marchandeau Y Carr Absent Bevan Absent

RESOLVED: 1. THAT Council seek an urgent meeting with the Minister to express its disappointment and surprise that Council’s rigorous and comprehensive planning processes could be so seriously undermined. 2. THAT Council make strong representations to the Joint Regional Planning Panel outlining the flaws in the Department’s assessment of the Proposal and the benefits of Council’s adopted approach to guide the future development of the site. 3.THAT Council advocate strongly that any increase in density for this site be accompanied by commensurate public benefit funded by the developer by way of a Planning Agreement consistent with the benefits identified in the St Leonards/Crows Nest Precincts 2/3 Planning Study, concurrent with any changes to the planning controls. 4. THAT Councillor Gibson and Councillor Baker, or another Wollstonecraft Ward Councillor, also attend the meeting with the Minister and Council’s Planning staff.

REPORTS

General Manager’s Office

Cr Clare and Cr Reymond returned to the meeting at 8.07pm

372. GMO01: Matters Outstanding

Report of Warwick Winn, General Manager A report on the current status of matters arising from Council resolutions up to the meeting of 21 September 2015 is presented. Recommending: 1. THAT the report be received.

The Motion was moved by Cr Baker and seconded by Cr Clare



COUNCIL - 19/10/15 Page (332)

Councillor Yes No Councillor Yes No Gibson Y Beregi Y Reymond Y Barbour Y Clare Y Morris Y Baker Y Marchandeau Y Carr Absent Bevan Absent

RESOLVED: 1. THAT the report be received.

373. GMO02: Chief Operations Summary and Changes to Workers Compensation Premium Report of Adrian Panuccio, Chief Operating Officer This report details some of the work undertaken through the General Manager’s Office during the last financial year, and advises of the recent potential increase in the workers compensation premium payable by the Council. Recommending: 1. THAT the report be received.

The Motion was moved by Cr Marchandeau and seconded by Cr Barbour






374. GMO03: Fit for the Future Update Report of Peter Coulton, Corporate Planning Projects Council has affirmed, and re-affirmed on a number of occasions that it is Fit for the Future as a standalone Council, within its current boundaries. At the meeting of 21 September 2015 Council resolved (Min. No 317): THAT Council resolve to immediately commence a legal challenge (including an application for stay) against any decision by the State Government, including but not limited to any decision or order made by the Minister for Local Government or Chief Executive of the Office of Local Government, to place North Sydney Council into administration pending forced amalgamation or implementation of the State Government’s Fit for the Future policy in respect of amalgamations. A community petition, opposing amalgamations, was circulated throughout the various Precincts, and special mention must be made of Jillian Christie who both coordinated the collection and personally collected a significant number of signatures. Copies of the petition were delivered to IPART, the Minister for Local Government, the Premier, and

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the Minister for North Shore. IPART will have lodged their final report to the NSW State Government on 16 October 2015. The Upper House Inquiry, through General Purpose Standing Committee Number 6 is scheduled to release its report on 30 October 2015. This report will be made public as soon as it is tabled in Parliament. Comments by both the Premier and Minister for Local Government at the recent LGNSW Annual Conference suggest that councils will be given “one last chance”. At this stage however a great deal of uncertainty exists as to how the Government will proceed with their reform agenda. Recommending: 1. THAT Council affirms that it is Fit for the Future as a standalone Council, within its current boundaries. 2. THAT Council thanks Ms Jillian Christie for her assistance with coordinating and lodging the community petition and accompanying submission. 3. THAT Council determines what steps, if any, it wishes to take prior to the State Government releasing the IPART final report, or making any formal announcements regarding its reform agenda’s next steps. A Motion was moved by Cr Baker, seconded by Cr Morris 1. THAT Council affirms that it is Fit for the Future as a standalone Council, within its current boundaries. 2. THAT Council thanks Ms Jillian Christie for her assistance with coordinating and lodging the community petition and accompanying submission. 3. THAT an urgent Councillor briefing be held as soon as practicable following release by the State government of the IPART report. 4. THAT Council reiterate and reinforce all previous resolutions relating to Fit For the Future and forced amalgamations including but not limited to:

a) Resolutions relating to taking interlocutory proceedings to stay any such move and;

b) Resolutions relating to the preparation and conduct of a community campaign consistent with Council policy on any proposed forced amalgamations.

5. THAT Council write to our colleagues at Mosman Council with a copy of this resolution. 6. THAT Council write to the Premier and the Minister of Local Government requesting an urgent explanation as to how the rates of North Sydney Council would have downward pressure applied when our rates are already second-lowest in metropolitan Sydney. The Motion was put and carried Voting was as follows: For/Against 8/0



RESOLVED: 1. THAT Council affirms that it is Fit for the Future as a standalone Council, within its current boundaries.

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2. THAT Council thanks Ms Jillian Christie for her assistance with coordinating and lodging the community petition and accompanying submission. 3. THAT an urgent Councillor briefing be held as soon as practicable following release by the State government of the IPART report. 4. THAT Council reiterate and reinforce all previous resolutions relating to Fit For the Future and forced amalgamations including but not limited to:



5. THAT Council write to our colleagues at Mosman Council with a copy of this resolution. 6. THAT Council write to the Premier and the Minister of Local Government requesting an urgent explanation as to how the rates of North Sydney Council would have downward pressure applied when our rates are already second-lowest in metropolitan Sydney. (Note: A Notice of Rescission was lodged (regarding Minute 374 - GMO03: Fit for the Future Update), signed by Councillors Gibson, Bevan and Marchandeau)

City Strategy Division

375. CiS01: Planning Proposal - 11 Cowdroy Avenue, Cammeray (Previously considered see Min. No. 370)

376. CiS02: Regulatory Framework for Public Events Report of Marcelo Occhiuzzi - Manager Strategic Planning North Sydney Council has a rich history of conducting and facilitating events on public land. Events have the capacity to contribute to the social, cultural, intellectual and physical wellbeing of local and wider communities. Council’s regulatory framework has at times created difficulties for parties including Council, wishing to conduct events in North Sydney. Event organisers are often required to negotiate regulatory hurdles that may be unnecessarily difficult or time consuming. They may be dissuaded from conducting events in North Sydney because lead in times required to navigate the required approvals or complexities in the process may create an environment of uncertainty for organisers. This report recommends that Council endorse a Planning Proposal to identify events on public land as “exempt” from the need to gain development consent. Events are temporary occurrences and it is appropriate that on public land, a more flexible approvals process be applicable than the development application process. Whilst it will be the subject of a report in November 2015, Council staff are in the process of finalising a “Public Events Guidelines” document that will provide the framework and guidance for event organisers to conduct events in North Sydney and provide an overview of Council’s expectations for events on public land. A permit will be required to be issued, in lieu of development consent, thereby ensuring that the appropriate checks and balances continue to apply to the consideration of the running of events on public land. This, however, is considered a less cumbersome or formal process than a development application in addition to the normal approval processes to use public land and other potentially associated activities like road closures.

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The approach adopted by Plans of Management to the staging of public events has also been considered as part of this review. In this context, it is further recommended that the Plan of Management for Bradfield Park be amended in order to clarify that the consideration of a wide range of events is appropriate for this setting. Recommending: 1. THAT Council resolves to adopt the attached Planning Proposal and forward it to the Minister for Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979. 2. THAT the Planning Proposal, once endorsed, be publically exhibited in the usual manner. 3. THAT the Bradfield Park Plan of Management be amended to clarify that a variety of public events can occur in future.

The Motion was moved by Cr Gibson, seconded by Cr Reymond

The Motion was put and carried Voting was as follows: For/Against 8/0



RESOLVED: 1. THAT Council resolves to adopt the attached Planning Proposal and forward it to the Minister for Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979. 2. THAT the Planning Proposal, once endorsed, be publically exhibited in the usual manner. 3. THAT the Bradfield Park Plan of Management be amended to clarify that a variety of public events can occur in future.

377. CiS03: Post-exhibition Report - Planning Proposal - 167 and 169 Blues Point Road, McMahons Point Report of Scott Williamson, Strategic Planner - Policy On 20 April 2015, Council resolved to forward a Planning Proposal to the Minister for Planning in order to receive a Gateway Determination. The Planning Proposal seeks to amend North Sydney Local Environmental Plan 2013 (NSLEP 2013) to incorporate a site specific clause into Schedule 1 - Additional permitted uses, to permit ‘business premises’ and ‘office premises’ with development consent on the subject sites. On 29 May 2015, a Gateway Determination was issued by a delegate of the Minister for Planning, allowing the Planning Proposal to be placed on public exhibition and requiring consultation with the Office of Environment and Heritage. The Gateway Determination also granted delegated authorisation to Council to directly request Parliamentary Counsel make the plan. The Office of Environment and Heritage was notified and provided with a copy of the Planning Proposal and all associated documentation. The response from the Office of Environment and Heritage indicates no objection to the Planning Proposal. A copy of their response is provided at attachment 4.

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The Planning Proposal was publically exhibited for 14 days from Thursday 27 August to Thursday 9 September 2015, in accordance with the requirements of the Gateway Determination. No submissions were received during the exhibition of the Planning Proposal. The Planning Proposal has been assessed and any foreseeable impacts are considered generally acceptable. It is recommended that Council resolve to forward the Planning Proposal unamended, to Parliamentary Counsel with a request that the Planning Proposal be made. Recommending: 1. THAT Council forward the Planning Proposal unamended to Parliamentary Counsel with a request that a Local Environmental Plan be made in accordance with section 59 of the Environmental Planning and Assessment Act 1979, so as to give effect to the Planning Proposal.

The Motion was moved by Cr Reymond, seconded by Cr Clare




RESOLVED: 1. THAT Council forward the Planning Proposal unamended to Parliamentary Counsel with a request that a Local Environmental Plan be made in accordance with section 59 of the Environmental Planning and Assessment Act 1979, so as to give effect to the Planning Proposal.

378. CiS04: Post-exhibition Report - Supporting DCP Amendments to the St Leonards/Crows Nest Planning Study - Precincts 2/3 Report of Nigel Turner, Strategic Transport Planner At its meeting on 18 May 2015, Council resolved to place draft amendments to North Sydney Development Control Plan 2013 (NSDCP 2013) on public exhibition. The draft amendments identify a number of changes for land bound by Chandos Street, Oxley Street, Albany Street and the Pacific Highway east of St Leonards railway station. The draft amendments address community concerns regarding traffic generation and its impacts on the local road network expressed during the exhibition of the St Leonards/Crow’s Nest Planning Study, Precincts 2/3. Specifically, the amendments seek to: 1. Reduce maximum parking rates for new residential development; 2. Strengthen travel planning requirements for new development; and 3. Remove existing impediments to the provision of innovative parking schemes in new developments. These proposed changes will help St Leonards become a welcoming, interesting and safe urban centre that prioritises walking, cycling and public transport use over the use of private vehicles.

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The draft amendments were placed on public exhibition for a period of 28 days from Thursday 16 July, 2015 to Friday 14 August, 2015. Three (3) submissions were received during the exhibition period from: 1. Holtermann Precinct Committee (see Attachment 2); 2. Transport for NSW (TfNSW) (see Attachment 3); and 3. Roads and Maritime Services (RMS) (see Attachment 4). The Holtermann Precinct Committee supported the proposed approach to on-site parking management. TfNSW and RMS submissions raised no issues with or objections to the proposed approach to traffic management. It is, therefore, recommended that Council adopt the proposed amendments to NSDCP 2013 (Attachment 1 as exhibited) and provide public notice of these amendments. Recommending: 1. THAT Council adopt the proposed amendments to the North Sydney Development Control Plan 2013 forming Attachment 1 of this report as exhibited. 2. THAT public notice of these amendments to North Sydney Development Control Plan 2013 be given.

A Motion was moved by Cr Baker, seconded by Cr Reymond

1. THAT Council adopt the proposed amendments to the North Sydney Development Control Plan 2013 forming Attachment 1 of this report as exhibited. 2. THAT public notice of these amendments to North Sydney Development Control Plan 2013 be given. 3. THAT Council write to the Minister for Planning enclosing a copy of Precincts 2 and 3 Planning Study and this resolution, expressing Council’s thanks for the substantial funding in the order of $140,000 provided by the Department to undertake parts of the study. 4. THAT Council advise the Minister that the study expresses Council and community expectations in relation to this Precinct and the Council and community expect that future planning decisions in this Precinct by the DPE will be consistent with the Precinct Planning Study, particularly given the careful and widespread community consultation undertaken prior to the adoption of the study and these controls. Council expects that this is consistent with the aims outlined by the State Government under the now-stalled Planning Bill to ensure upfront community consultation on strategic planning followed by consistent planning in decision making.




RESOLVED: 1. THAT Council adopt the proposed amendments to the North Sydney Development Control Plan 2013 forming Attachment 1 of this report as exhibited. 2. THAT public notice of these amendments to North Sydney Development Control Plan 2013 be given. 3. THAT Council write to the Minister for Planning enclosing a copy of Precincts 2 and 3 Planning Study and this resolution, expressing Council’s thanks for the substantial funding in the order of $140,000 provided by the Department to undertake parts of the

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study. 4. THAT Council advise the Minister that the study expresses Council and community expectations in relation to this Precinct and the Council and community expect that future planning decisions in this Precinct by the DPE will be consistent with the Precinct Planning Study, particularly given the careful and widespread community consultation undertaken prior to the adoption of the study and these controls. Council expects that this is consistent with the aims outlined by the State Government under the now-stalled Planning Bill to ensure upfront community consultation on strategic planning followed by consistent planning in decision making.

379. CiS05: Planning Proposal and draft Voluntary Planning Agreement - 31-33 Albany Street, Crows Nest Report of Mark Yee, Strategic Planner Council has received a Planning Proposal and draft Voluntary Planning Agreement (VPA) for the site at 31-33 Albany Street, Crows Nest. The site is located within the study area of the St Leonards/Crows Nest Planning Study - Precinct 1, which was adopted by Council in October 2012. The Planning Proposal and draft VPA have been assessed against the implementation recommendations contained within the St Leonards/Crows Nest Planning Study - Precinct 1. The Planning Proposal and draft VPA implement the Built Form Masterplan and Open Space and Pedestrian Masterplan for Precinct 1 to the fullest extent practicable. This report recommends that Council supports the Planning Proposal and draft VPA and that it be forwarded to the Minister for Planning for a Gateway Determination. The Planning Proposal is accompanied by a draft Voluntary Planning Agreement that proposes a monetary contribution of $1,150,000 to assist Council in meeting the open space objectives for the area as articulated by the St Leonards/Crows Nest Planning Study - Precinct 1. Recommending: 1. THAT Council forwards the Planning Proposal to the Minister for Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979. 2. THAT the associated draft Voluntary Planning Agreement be exhibited concurrently with the subject Planning Proposal conditioned on it receiving a Gateway Determination.

A Motion was moved by Cr Gibson, seconded by Cr Baker

1. THAT Council forwards the Planning Proposal to the Minister for Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979. 2. THAT the associated draft Voluntary Planning Agreement be exhibited concurrently with the subject Planning Proposal conditioned on it receiving a Gateway Determination. 3. THAT Council thank staff for their efforts in this matter. The Motion was put and carried Voting was as follows: For/Against 8/0

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RESOLVED: 1. THAT Council forwards the Planning Proposal to the Minister for Planning in order to receive a Gateway Determination in accordance with Section 56 of the Environmental Planning and Assessment Act, 1979. 2. THAT the associated draft Voluntary Planning Agreement be exhibited concurrently with the subject Planning Proposal conditioned on it receiving a Gateway Determination. 3. THAT Council thank staff for their efforts in this matter.

380. CiS06: DPE Pre Gateway Review Assessment of Planning

Proposal - 75-89 Chandos St, 58-62 Atchison St and 23-35 Atchison St, St Leonards - Auswin TWT Development

(Previously considered see Min. No. 371)

381. CiS07: Independent Review of the Building Professionals Act

2005 Report of Long Huynh, Team Leader Building Compliance In 2014, the State Government appointed former Treasury Secretary Mr. Michael Lambert to conduct a review of certification and its application in the wider building industry. The review was aimed to include the following: 1. Assess the validity and efficacy of the current Act (Building Professionals Act 2005). 2. Examine building and subdivision certification and its application in the wider building industry. 3. Make recommendations for reform. The draft report was placed on public exhibition from 21 August 2015 to 21 September 2015. Staff have reviewed the draft report and its recommendations. In principle, the draft report may be supported. The absolute financial implication to Council can not be gauged at this stage as the draft report appears to be aimed at reforms to the process relating to the State Government and Building Professionals Board. Further details of financial implications to Council will be clearer once the recommendations within the draft report are implemented. Recommending: 1. THAT Council notes this report for information.

A Motion was moved by Cr Marchandeau, seconded by Cr Barbour

1. THAT Council notes this report for information. 2. THAT Council writes to ask for clarification of the partnership component of the compliance function.


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RESOLVED: 1. THAT Council notes this report for information. 2. THAT Council writes to ask for clarification of the partnership component of the compliance function.

Corporate Services Division 382. CoS01: Financial Statements for the year ended 30 June 2015

Report of Garry Ross, Manager Financial Services Attached to this report are the audited Financial Statements for the year ended 30 June 2015. The document consists of the following four sections: Section I – Executive Summary; Section II – General Purpose Financial Statements; Section III – Special Purpose Financial Statements; and Section IV – Special Schedules. Council achieved a net operating surplus from continuing operations of $22.575 million in 2014/15. This result includes unrealised (non-cash) capital gains of $4.92 million in the value of Council’s investment properties. This was a decrease of $4.1 million over the result achieved in 2013/14. The unrealised capital gain of investment properties for the 2013/14 financial year was $20.62 million. The audited 2015 Financial Statements have been presented to the Audit and Risk Committee and will be discussed at the next Councillors Workshop – Finance. Recommending: 1. THAT under Section 413(1) of the Local Government Act, 1993, the Financial Statements for the year ended 30 June 2015 be referred to audit. 2. THAT Council authorise the completion of the “Statement by Councillors and Management” for the General Purpose Financial Statements and the Special Purpose Financial Statements. 3. THAT under Section 418(1) of the Local Government Act, 1993, both the audited financial reports and the auditor’s reports on the financial statements (Section 417(2) LGA), be placed on public exhibition and presented to the public at the Council meeting on 16 November 2015.

A Motion was moved by Cr Reymond, seconded by Cr Barbour


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RESOLVED: 1. THAT under Section 413(1) of the Local Government Act, 1993, the Financial Statements for the year ended 30 June 2015 be referred to audit. 2. THAT Council authorise the completion of the “Statement by Councillors and Management” for the General Purpose Financial Statements and the Special Purpose Financial Statements. 3. THAT under Section 418(1) of the Local Government Act, 1993, both the audited financial reports and the auditor’s reports on the financial statements (Section 417(2) LGA), be placed on public exhibition and presented to the public at the Council meeting on 16 November 2015.

383. CoS02: Investments and Loan Borrowings Held as at 30

September 2015

Report of Garry Ross, Manager Financial Services (Responsible Accounting Officer) This report provides details of the performance of Council’s investment portfolio for the month of September 2015. The portfolio provided an annualised return of 4.16% for the year to date as at 30 September 2015, 2.01% above the reportable benchmark (BBSW Bank Bill Index). Council has commenced a $30 million debt facility and as at the 30 September 2015, has drawn down $9.5 million for capital works projects. Interest returns for the month ended 30 September 2015 remain consistently above the benchmark. This was attributed to additional funds being made available for investment and prudent selection and allocation of these funds to the financial institutions which make up the investment portfolio. Interest returns for this financial year reflect estimated available funds and predicted expenditure of Council’s reserves. Council is exposed to interest rate risk whenever it borrows, regardless of whether the interest rates are fixed or variable. The 2015/16 budget estimate for returns from Council’s investment portfolio will be reviewed in the September Quarterly Budget Review. Loan borrowing fundings for project identified in the LTFP is appropriate. All borrowings need to comply with the identified principles of Council’s Financial Management Policy. Recommending: 1. THAT the report be received.

A Motion was moved by Cr Barbour, seconded by Cr Marchandeau


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384. CoS03: Council Property Portfolio Performance June 2015

Report of Garry Ross, Manager Financial Services Manager Council has a comprehensive property portfolio which generates considerable annual cash flows. The portfolio performance for the June quarter and for the Financial Year was in accordance with the adopted revised budgets. The revenues generated from the Property portfolio, ensures a regular cash flow is available to Council. The Property Portfolio performance to adopted budget will be reviewed in the next quarterly budget review. Recommending: 1. THAT the report be received.





385. CoS04: Disclosure of Pecuniary Interests by Councillors and

Designated Persons Report of Ross McCreanor, Director Corporate Services Section 449(3) of the Local Government Act 1993 requires Councillors or persons holding designated positions as at 30 June to complete and lodge a Disclosure of Pecuniary Interest Return within three months after that date (i.e. 30 September). All returns have been duly completed and lodged within the prescribed period by all Councillors and designated officers, with the exception of one officer on annual leave. The outstanding Disclosure Form will be submitted upon their return to work. The Register of Pecuniary Interest Returns is available for inspection at the Council Chambers. Recommending: 1. THAT the report be received.

A Motion was moved by Cr Reymond, seconded by Cr Marchandeau

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386. CoS05: Youth/Councillor Mentor Program


387. CoS06: Ward Boundary Realignment and Renaming -

Response from NSWEC Report of Ian Curry, Manager Governance and Committee Services At its meeting on 19 September 2015, Council considered a report to the Governance Committee regarding this matter and resolved (Min. No.340): THAT Council recommend Option 4 with an amendment for the revised three Ward boundaries (fix the central 3 SA’s into “Cremorne Ward “if possible) as a geographical community of interest which acknowledges the physical and natural divide of Military Rd. THAT the NSW Electoral Commission be advised of Council’s resolution and invited to meet with Council to discuss the proposed variation on Military Road. THAT a further report be submitted to Council following public advertising of the approved option. THAT proposed Wards be named Wollstonecraft, Tunks and Victoria. Council resolve to retain names for their historical significance. A copy of the report is attached. A response has been received from the NSW Electoral Commission requiring consideration by Council. Recommending: 1. THAT Council formally adopt Ward boundary Option B, as approved by the NSWEC. 2. THAT Council put Option B on exhibition for 28 days and allow 42 days for public submissions. 3. THAT A further report be submitted to Council on 14 December 2015. The Motion was moved by Cr Clare, seconded by Cr Baker The Motion was put and carried Voting was as follows: For/Against 8/0

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RESOLVED: 1. THAT Council formally adopt Ward boundary Option B, as approved by the NSWEC. 2. THAT Council put Option B on exhibition for 28 days and allow 42 days for public submissions. 3. THAT A further report be submitted to Council on 14 December 2015.

Engineering & Property Services Division 388. EPS01: Traffic Committee - Minutes 4 September 2015

Report of Michaela Kemp, Manager Traffic and Transport Operations This report presents the recommendations of the last meeting of the Traffic Committee held on 4 September 2015, for Council adoption. The minutes are attached for information. Recommending: 1. THAT the minutes of the 24 July 2015 Traffic Committee be adopted subject to a comment from the RMS that in relation to Minutes 67 and 68 which relate to Route 2 Cycleway and Streetscape Improvement Plan Stages 1a and 1b, that the detailed designs must be referred to RMS for approval prior to implementation. 2. THAT Council install wide kerb extensions in Wood Street at Balls Head Road and on the eastern side of Balls Head Road at Wood Street (4.4). 3. THAT parking not be relocated to the southern side of Waterhen Drive due to lack of community support (4.4). 4. THAT Council proceed with the intersection treatment at Waterhen Drive/ Balls Head Road shown on the concept plan with the exception of kerb extension on the eastern side of the road (4.4). 5. THAT Council proceed with the intersection treatment at Balls Head Drive/Balls Head Road shown on the concept plan (4.4). 6. THAT Council investigate installing street lighting on Waterhen Drive for safety purposes (4.4). 7. THAT existing plantings and sandstone rocks in Balls Head Road be relocated in consultation with residents and Streets Alive volunteers, prior to the commencement of works (4.4). 8. THAT Council staff investigate turning areas for large vehicles at the end of the Waverton peninsula (4.4). 9. THAT concerns about the timeline of works in relation to redevelopment of the Berry’s Bay marina and possible future damage to Council works be noted (4.4). 10. THAT the matter of Elamang Avenue, Kirribilli - Review of 8 Hour Parking Restriction 6 Month Trial be deferred to the next Traffic Committee meeting (4.6). 11. THAT Traffic staff investigate traffic flows from Premier Street, Watson Street and Yeo Street, Neutral Bay, and pedestrian movements during the morning and afternoon school peak periods and provide a report back to the Traffic Committee (7.1). 12. THAT the Construction Traffic Management Plan for the excavation and construction stages of development at 88 Alfred Street South, Milsons Point (DA 608/14) be referred to a full meeting of the North Sydney Traffic Committee (4.1).

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13. THAT the remainder of information regarding Delegated Authority items be received (4.1). 14. THAT the review of parking restrictions in Raymond Road, Neutral Bay, be deferred to provide more background on the consultation process and to table a map of the for/against responses from residents (4.2). 15. THAT the remainder of recommendations made for changes in the parking restrictions be adopted (4.2). 16. THAT Rangers investigate the number of vehicles double parking in Doris Street and how many of those vehicles have resident parking stickers and report back to the Traffic Committee (4.3). 17. THAT the remainder of recommendations made for minor traffic investigations be adopted (4.3). 18. THAT Council installs No Stopping restrictions on the north-western side of Cammeray Road where the road narrows between Winston Avenue and Cowdroy Avenue (4.5). 19. THAT Council converts the existing 4 spaces of unrestricted parking in the angle parking to the west of the roundabout in Folly Point to 8 hour 6am to 6pm Mon-Fri Permit Holders Excepted Area 25 (4.5). 20. THAT Council applies to the RMS to convert the split level roadway between the roundabout and Folly Point Reserve to a “Shared Zone” with the relevant speed signs of 10 km per hour and start and end section speed cushions as shown on the attached plan (4.5). 21. THAT Traffic staff consult the Manager Ranger Services on enforcement times for future changes to parking restrictions (4.5). 22. THAT Council raises no objection to the Seven Bridges Walk to be held on Sunday 25 October 2015 according to the submitted pedestrian and traffic management plan, subject to Police approval, RMS approval, appropriate public liability insurance, and the event being undertaken in accordance with AS 1742.3 and the RMS’s Traffic Control at Work Sites (4.7). 23. THAT the information concerning Abandoned Vehicles Processed Report be received, and Wyoming Road, Neutral Bay be changed to Wycombe Road, Neutral Bay (5.1). 24. THAT Traffic staff investigate installing a pedestrian refuge or other safety measure at Cremorne Road intersection with Milson Road, Cremorne Point (General Business).

Cr Barbour declared an interest in item 4.2 of the Traffic Committee Minutes and left at 8.32pm during discussion of this item, returning at 8.37pm

A Motion was moved by Moved by Cr Beregi, seconded by Cr Baker THAT the Minutes of the Traffic Committee be adopted with an amendment to items 15 and 17 and the addition of further recommendations, as follows:

15. THAT the remainder of recommendations made for changes in the parking restrictions be adopted (4.2) with the exception of the item for Ben Boyd Road being referred back to the Traffic Committee for further consideration. 17. THAT the remainder of recommendations made for minor traffic investigations be adopted, with the exception of the item for Wallaringa Road being referred back to the Traffic Committee for further consideration (4.3). 25. THAT Council write to RMS seeking a review and variation of the delegations to Council to allow North Sydney Council to deal with local traffic matters under delegation, and the letter set out the careful traffic and parking management system that the Council is currently undertaking and how this could be facilitated. 26. THAT in relation to Items 2-9, the final drawings be submitted to the

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Waverton Peninsula Working Group and the Precinct.




RESOLVED: 1. THAT the minutes of the 24 July 2015 Traffic Committee be adopted subject to a comment from the RMS that in relation to Minutes 67 and 68 which relate to Route 2 Cycleway and Streetscape Improvement Plan Stages 1a and 1b, that the detailed designs must be referred to RMS for approval prior to implementation. 2. THAT Council install wide kerb extensions in Wood Street at Balls Head Road and on the eastern side of Balls Head Road at Wood Street (4.4). 3. THAT parking not be relocated to the southern side of Waterhen Drive due to lack of community support (4.4). 4. THAT Council proceed with the intersection treatment at Waterhen Drive/ Balls Head Road shown on the concept plan with the exception of kerb extension on the eastern side of the road (4.4). 5. THAT Council proceed with the intersection treatment at Balls Head Drive/Balls Head Road shown on the concept plan (4.4). 6. THAT Council investigate installing street lighting on Waterhen Drive for safety purposes (4.4). 7. THAT existing plantings and sandstone rocks in Balls Head Road be relocated in consultation with residents and Streets Alive volunteers, prior to the commencement of works (4.4). 8. THAT Council staff investigate turning areas for large vehicles at the end of the Waverton peninsula (4.4). 9. THAT concerns about the timeline of works in relation to redevelopment of the Berry’s Bay marina and possible future damage to Council works be noted (4.4). 10. THAT the matter of Elamang Avenue, Kirribilli - Review of 8 Hour Parking Restriction 6 Month Trial be deferred to the next Traffic Committee meeting (4.6). 11. THAT Traffic staff investigate traffic flows from Premier Street, Watson Street and Yeo Street, Neutral Bay, and pedestrian movements during the morning and afternoon school peak periods and provide a report back to the Traffic Committee (7.1). 12. THAT the Construction Traffic Management Plan for the excavation and construction stages of development at 88 Alfred Street South, Milsons Point (DA 608/14) be referred to a full meeting of the North Sydney Traffic Committee (4.1). 13. THAT the remainder of information regarding Delegated Authority items be received (4.1). 14. THAT the review of parking restrictions in Raymond Road, Neutral Bay, be deferred to provide more background on the consultation process and to table a map of the for/against responses from residents (4.2). 15. THAT the remainder of recommendations made for changes in the parking restrictions be adopted (4.2) with the exception of the item for Ben Boyd Road being referred back to the Traffic Committee for further consideration. 16. THAT Rangers investigate the number of vehicles double parking in Doris Street

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and how many of those vehicles have resident parking stickers and report back to the Traffic Committee (4.3). 17. THAT the remainder of recommendations made for minor traffic investigations be adopted, with the exception of the item for Wallaringa Road being referred back to the Traffic Committee for further consideration (4.3). 18. THAT Council installs No Stopping restrictions on the north-western side of Cammeray Road where the road narrows between Winston Avenue and Cowdroy Avenue (4.5). 19. THAT Council converts the existing 4 spaces of unrestricted parking in the angle parking to the west of the roundabout in Folly Point to 8 hour 6am to 6pm Mon-Fri Permit Holders Excepted Area 25 (4.5). 20. THAT Council applies to the RMS to convert the split level roadway between the roundabout and Folly Point Reserve to a “Shared Zone” with the relevant speed signs of 10 km per hour and start and end section speed cushions as shown on the attached plan (4.5). 21. THAT Traffic staff consult the Manager Ranger Services on enforcement times for future changes to parking restrictions (4.5). 22. THAT Council raises no objection to the Seven Bridges Walk to be held on Sunday 25 October 2015 according to the submitted pedestrian and traffic management plan, subject to Police approval, RMS approval, appropriate public liability insurance, and the event being undertaken in accordance with AS 1742.3 and the RMS’s Traffic Control at Work Sites (4.7). 23. THAT the information concerning Abandoned Vehicles Processed Report be received, and Wyoming Road, Neutral Bay be changed to Wycombe Road, Neutral Bay (5.1). 24. THAT Traffic staff investigate installing a pedestrian refuge or other safety measure at Cremorne Road intersection with Milson Road, Cremorne Point (General Business). 25. THAT Council write to RMS seeking a review and variation of the delegations to Council to allow North Sydney Council to deal with local traffic matters under delegation, and the letter set out the careful traffic and parking management system that the Council is currently undertaking and how this could be facilitated. 26. THAT in relation to Items 2-9, the final drawings be submitted to the Waverton Peninsula Working Group and the Precinct.

389. EPS02: Intersection Safety - Palmer Street at Abbott Street,

Cammeray Report of Michaela Kemp, Traffic and Transport Operations Manager At the Council meeting on 17 August 2015 the following resolution was adopted with regard to Notice of Motion 16/15 (Min. No. 268): 1. THAT Council call for an urgent report into the recent accident (Sunday 9 August 2015) and on-going concerns regarding the intersection of Abbott and Palmer Streets, Cammeray. The report should include details of recent accidents, submissions received from residents, increased residential density, increased traffic flow resulting from the redevelopment of the North's Club, consultation with the school, as well as recommendations for traffic interventions including, but not limited to, a roundabout, traffic lights, speed cameras and traffic calming devices. This report addresses the matters raised in the Notice of Motion. Any proposed treatment may be funded from a future Traffic Facilities Program and/or funds may be sought through the Federal and State Black Spot Programs. Recommending: 1. THAT a roundabout at the intersection of Palmer Street and Abbott Street be considered as part of the Cammeray TAPAS Action Plan for consultation with the

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community. 2. THAT should Council resolve to fast-track implementation of a roundabout at the intersection of Palmer Street and Abbott Street, the roundabout be included as part of the Cammeray TAPAS Action Plan to consider impacts in the context of the broader area scheme.

A Motion was moved by Cr Marchandeau, seconded by Cr Beregi

1. THAT a traffic calming strategies to improve pedestrian safety at the intersection of Palmer Street and Abbott Street be considered as part of the Cammeray TAPAS Action Plan for consultation with the community. 2. THAT the traffic calming strategy be included be included as part of the Cammeray TAPAS Action Plan to consider impacts in the context of the broader area scheme.




RESOLVED: 1. THAT a traffic calming strategies to improve pedestrian safety at the intersection of Palmer Street and Abbott Street be considered as part of the Cammeray TAPAS Action Plan for consultation with the community. 2. THAT the traffic calming strategy be included be included as part of the Cammeray TAPAS Action Plan to consider impacts in the context of the broader area scheme.

390. EPS03: Council Owned/Leased Properties: Leasing

Transactions Report of Risha Joseph, Property Officer A report is submitted regarding the leasing transactions for Council’s owned and leased properties, for the period ending 6 October 2015. Rental income to Council will be received in the Property Budget. Recommending: 1. THAT Council notes the leasing transactions, which are detailed in attachment A of this report. 2. THAT Council hereby authorises its Official Seal to be affixed to the legal instruments necessary to implement the proposed leasing transactions, which is noted in “attachment A” of this report, under the signature of the Mayor and the General Manager.

A Motion was moved by Cr Marchandeau, seconded by Cr Reymond


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RESOLVED: 1. THAT Council notes the leasing transactions, which are detailed in attachment A of this report. 2. THAT Council hereby authorises its Official Seal to be affixed to the legal instruments necessary to implement the proposed leasing transactions, which is noted in “attachment A” of this report, under the signature of the Mayor and the General Manager.

391. EPS04: Submission of tenders for the Stormwater Drainage

Rehabilitation Works - Contract 10/2016 Report of Jim Moore, Engineering Project Manager Tenders were called and were received until 4pm, 17 September 2015 for the submission of tenders for Stormwater Drainage Rehabilitation Works. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project was included in the four year delivery program adopted by Council. Funding for the project is appropriate. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 10/2016 for Stormwater Drainage Rehabilitation Works. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 10/2016 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

A Motion was moved by Cr Marchandeau, seconded by Cr Reymond

1. THAT Council accept the tender of the highest ranked Tenderer for Tender 10/2016 for Stormwater Drainage Rehabilitation Works. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 10/2016 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector. 4. THAT all future tender reports provide the names of the Procurement Panel members who assessed the tenders.


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RESOLVED: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 10/2016 for Stormwater Drainage Rehabilitation Works. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 10/2016 under the signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector. 4. THAT all future tender reports provide the names of the Procurement Panel members who assessed the tenders.

392. EPS05: Education Precinct Public Domain Upgrade Design

Consultancy - Contract 1/2016 Report of Adam Deutsch, Project Manager Tenders were called and were received until 4:00pm, Thursday 3 September 2015 for the preparation of tender and construction documentation for the upgrade of Napier Street, Charles Street and Wheeler Lane in North Sydney’s Education Precinct. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project was included in the four year delivery program adopted by Council. Recommending: 1. THAT Council accepts the tender of the highest ranked Tenderer for Tender 1/2016 for Education Precinct Public Domain Upgrade Design Consultancy. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 1/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender is published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts with Private Sector.

The Motion was moved by Cr Baker, seconded by Cr Beregi




RESOLVED: 1. THAT Council accepts the tender of the highest ranked Tenderer for Tender 1/2016 for Education Precinct Public Domain Upgrade Design Consultancy.

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2. THAT Council hereby authorises its Official Seal to be affixed to Contract 1/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender is published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts with Private Sector.

393. EPS06: Assessment of tenders for Burlington Street Public

Domain Upgrade - Tender 2/2016 Report of Adam Deutsch, Project Manager Tenders were called and were received until 4:00pm EST Sydney on Tuesday 6th of October 2015 for the submission of tenders to undertake Burlington Street Public Domain Upgrade. In order for Councillors to discuss the contact of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project is included in the four year delivery program adopted by Council. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 2/2016 for Burlington Street Public Domain Upgrade 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 2/2016 under the signature of the Mayor and the General Manager. 3. THAT once Council has executed the Contract, information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

The Motion was moved by Cr Baker, seconded by Cr Beregi




RESOLVED: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 2/2016 for Burlington Street Public Domain Upgrade 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 2/2016 under the signature of the Mayor and the General Manager. 3. THAT once Council has executed the Contract, information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

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Open Space & Environmental Services Division 394. OSE01: Debrief report of North Sydney Leisure and Lifestyle

Festival Report of Rob Emerson, Director Open Space and Environmental Services On 22 June 2015 Council considered a debrief report on the North Sydney Leisure and Lifestyle Festival held on 5-7 February 2015 within North Sydney Oval and St Leonards Park. Council resolved (Min. No. 200): THAT the report be received and a further report be received in future regarding financial information. The cost implications for Council hosting this event was minimal compared to the positive community value it provided. Recommending: 1. THAT the report be received.

A Motion was moved by Cr Beregi, seconded by Cr Morris

1. THAT the report be received. 2. THAT Council write to Mr Hart requesting a report on the profits that were raised and how they were distributed based on the previous Council resolution.




RESOLVED: 1. THAT the report be received. 2. THAT Council write to Mr Hart requesting a report on the profits that were raised and how they were distributed based on the previous Council resolution.

395. OSE02: North Sydney Oval Drop In Wicket Installation -

Tender 04/2016 Report of David Manson, Manager Parks and Reserves Tenders were called and were received until 4.00 pm on Tuesday the 22nd of September 2015 for the submission of tenders to undertake North Sydney Oval Drop in Wicket Installation. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for these projects was included in the adopted 2015/16 budget. The financial implications (budget) for 2014/15 are outlined within the confidential memo. By appointing the preferred tenderer, the budget for the works will need to be increased to meet the tendered price and associated cost of completing this project. These funds can be sourced from the Capital Works Reserve.

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Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 04/2016 for the North Sydney Oval Drop In Wicket Installation. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 04/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

The Motion was moved by Cr Beregi, seconded by Cr Morris




RESOLVED: 1. THAT Council accept the tender of the highest ranked Tenderer for Tender 04/2016 for the North Sydney Oval Drop In Wicket Installation. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 04/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

396. OSE03: Jeaffreson Jackson Reserve Lighting

Report of David Manson, Parks and Reserves Manager This report details the results of a survey conducted with local residents on a proposal to install footpath lighting through Jeafferson Jackson Reserve at Cammeray. The related financial implications include an estimated budget for the installation of solar lighting at Jeaffreson Jackson Reserve. Funding for this project is not included in the four year financial estimates and is requested from the capital works reserve. Funding is available in the Capital Works Reserve for this project Recommending: 1. THAT Council approves the proposal to install pathway lighting in Jeaffreson Jackson Reserve. 2. THAT Council allocates a budget of $12,500.00 to construct this project in the 2015/16 financial year. 3. THAT Council accepts the offer from RMS to contribute $12,500.00 for this project for construction in the 2015/16 financial year.

The Motion was moved by Cr Marchandeau, seconded by Cr Beregi


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RESOLVED: 1. THAT Council approves the proposal to install pathway lighting in Jeaffreson Jackson Reserve. 2. THAT Council allocates a budget of $12,500.00 to construct this project in the 2015/16 financial year. 3. THAT Council accepts the offer from RMS to contribute $12,500.00 for this project for construction in the 2015/16 financial year.

397. OSE04: North Sydney Oval Irrigation Upgrade - Tender

08/2016

Report of David Manson, Manager Parks and Reserves Tenders were called and were received until 4.00pm on Wednesday 23 September 2015 for the submission of tenders to undertake North Sydney Oval Irrigation upgrade. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for this project is not included in the four year financial estimates for the 2015/16 budget. By appointing the preferred tenderer, a budget for the works will need to be implemented for $99,882.60 ex GST to meet the tendered price and associated cost of completing this project. These funds can be sourced from the capital works reserve. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer for option #1 Tender 08/02016 for North Sydney Oval Irrigation upgrade. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 08/02016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

The Motion was moved by Cr Morris, seconded by Cr Beregi




RESOLVED: 1. THAT Council accept the tender of the highest ranked Tenderer for option #1 Tender 08/02016 for North Sydney Oval Irrigation upgrade. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 08/02016

COUNCIL - 19/10/15 Page (355)

under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

398. OSE05: Bushland Rehabilitation - Tender 9/2016

Report of Gareth Debney, Bushland Management Coordinator Tenders were called and were received until 4pm Friday 25 September 2015 for the submission of tenders to undertake Bushland Rehabilitation Services. In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding for these projects is derived from Council’s Environmental Levy and was included in the adopted 2015/16 budget. Funding for the project is appropriate. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderers for Tender 9/2016 for Bushland Rehabilitation. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 9/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

The Motion was moved by Cr Baker, seconded by Cr Marchandeau




RESOLVED: 1. THAT Council accept the tender of the highest ranked Tenderers for Tender 9/2016 for Bushland Rehabilitation. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 9/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

399. OSE06: North Sydney Oval Lighting Upgrade - Tender

03/2016 Report of David Manson, Manager Parks and Reserves Tenders were called and were received until 4.00pm on Wednesday 23 September 2015 for the submission of tenders to undertake North Sydney Oval Lighting upgrade.

COUNCIL - 19/10/15 Page (356)

In order for Councillors to discuss the content of this Commercial in Confidence report it will be necessary to close the Council meeting to the public. Funding of $650,000.00 for this project is included in the adopted 2015/16 budget. By appointing the preferred tenderer, a budget for the works will need to be increased by $175,321.50 ex GST to meet the tendered price and associated costs and contingencies of completing this project. These funds can be sourced from the capital works reserve. Recommending: 1. THAT Council accept the tender of the highest ranked Tenderer #2 for Tender 03/2016 for North Sydney Oval Lighting upgrade. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 03/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector. The Motion was moved by Cr Morris, seconded by Cr Beregi The Motion was put and carried Voting was as follows: For/Against 8/0



RESOLVED: 1. THAT Council accept the tender of the highest ranked Tenderer #2 for Tender 03/2016 for North Sydney Oval Lighting upgrade. 2. THAT Council hereby authorises its Official Seal to be affixed to Contract 03/2016 under signature of the Mayor and the General Manager. 3. THAT information relating to the successful tender be published in Council’s Register of Contracts as required by Government Information (Public Access) Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.

PETITIONS

Nil

CORRESPONDENCE

400. C01: Sydney Coastal Councils Group

Submitting correspondence from Sydney Coastal Councils Group (13 October 2015) with Minutes and Actions of the Annual General Meeting, held on 19 September 2015 at Mosman Council.

COUNCIL - 19/10/15 Page (357)

A Motion was moved by Cr Marchandeau, seconded by Cr Baker 1. THAT the correspondence be received.

The Motion was put and carried. Voting was as follows: For/Against 8/0



RESOLVED: 1. THAT the correspondence be received.

MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

401. NoM01: Notice of Motion No. 22/15 by Cr Reymond –

14/10/15

Re: Advertising Processes 1. THAT a report be prepared for Council’s consideration outlining the costs and expenses of current advertising processes and exploring opportunities for more efficient ways and means to ensure important information reaches the community. The Motion was moved by Cr Reymond, seconded by Cr Baker The Motion was put and carried Voting was as follows: For/Against 8/0



RESOLVED: 1. THAT a report be prepared for Council’s consideration outlining the costs and expenses of current advertising processes and exploring opportunities for more efficient ways and means to ensure important information reaches the community.

COUNCIL - 19/10/15 Page (358)

402. NoM02: Notice of Motion No. 23/15 by Cr Reymond – 14/10/15

Re: Installation of Fish Vending Machines 1. THAT a report be prepared for Council’s consideration into the installation of fish vending machines at various waterway locations in North Sydney, a recent example of which was exhibited at the recent LGSA Conference. The report should cover the advantages and disadvantages (if any) in any such installation and the process for consultation. NB: Tunks Park has been suggested as one of three possible locations for the installation of such machines. The Motion was moved by Cr Reymond, seconded by Cr Baker The Motion was put and carried Voting was as follows: For/Against 8/0



RESOLVED: 1. THAT a report be prepared for Council’s consideration into the installation of fish vending machines at various waterway locations in North Sydney, a recent example of which was exhibited at the recent LGNSW Conference. The report should cover the advantages and disadvantages (if any) in any such installation and the process for consultation.

403. NoM03: Notice of Motion No. 24/15 by Cr Baker – 14/10/15

Re: Seating in Public Gallery 1. THAT Council delegate the seating arrangements in the Council Chamber, particularly the public gallery seating, to the General Manager in order to limit any potential risk and liability and to enhance open government.

The Motion was moved by Cr Baker, seconded by Cr Morris


COUNCIL - 19/10/15 Page (359)


RESOLVED: 1. THAT Council delegate the seating arrangements in the Council Chamber, particularly the public gallery seating, to the General Manager in order to limit any potential risk and liability and to enhance open government.


Re: Outstanding Matters Relating to Council Resolution 1. THAT Council write to the Acting Chief Executive of the Office of Local Government requesting urgent advice as to any action proposed to be taken by the OLG in respect of the continuing failure of the Mayor, Councillor Gibson, to comply with the resolution of Council at the meeting held on 20 July 2015.

This matter was considered at the conclusion of the meeting


Re: Complaint to NSW Ombudsman 1. THAT Council make a formal complaint to the NSW Ombudsman in respect of: (i) the unwillingness of the Office of Local Government (OLG) to take action in relation to breaches of lawful resolutions of Council; and (ii) Council's increasing concerns that the OLG has, and continues, to inconsistently exercise its statutory responsibilities in regard to Code of Conduct complaints and recommendations made by independent investigators arising from such complaints generally.


1. THAT Council make a formal complaint to the NSW Ombudsman in respect of: (i) the unwillingness of the Office of Local Government (OLG) to take action in relation to breaches of lawful resolutions of Council; and (ii) Council's increasing concerns that the OLG has, and continues, to inconsistently exercise its statutory responsibilities in regard to Code of Conduct complaints and recommendations made by independent investigators arising from such complaints generally.

An Amendment was moved by Cr Gibson, seconded by Cr Marchandeau

1. THAT Council write to the Minister of Local Government and request that he urgently commence an investigation under section 430 of the Local Government Act into all aspects of North Sydney Council’s management of Code of Conduct matters.

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2. THAT the investigation include, but not be limited to, both the administrative and the political bodies of North Sydney Council. 3. THAT the investigation involve in-depth analysis of all Code of Conduct matters since the 2012 local government election.

The Amendment was put and lost



Gibson Y Beregi N Reymond N Barbour N Clare N Morris N Baker N Marchandeau Y Carr Absent Bevan Absent




Gibson N Beregi Y Reymond Y Barbour Y Clare Y Morris Y Baker Y Marchandeau Y Carr Absent Bevan Absent

RESOLVED: 1. THAT Council make a formal complaint to the NSW Ombudsman in respect of: (i) the unwillingness of the Office of Local Government (OLG) to take action in relation to breaches of lawful resolutions of Council; and (ii) Council's increasing concerns that the OLG has, and continues, to inconsistently exercise its statutory responsibilities in regard to Code of Conduct complaints and recommendations made by independent investigators arising from such complaints generally.

(Note: A Notice of Rescission was lodged regarding Minute 405 – NoM05: Complaint to NSW Ombudsman, signed by Councillors Gibson, Bevan and Marchandeau)


Re: General Manager Performance Panel 1. THAT Council appoint the Mayor, the Deputy Mayor, Councillors Beregi and Baker to the General Manager's Performance Review Panel to commence forthwith.




COUNCIL - 19/10/15 Page (361)

Councillor Yes No Councillor Yes No Gibson N Beregi Y Reymond Y Barbour Y Clare Y Morris Y Baker Y Marchandeau Y Carr Absent Bevan Absent

RESOLVED: 1. THAT Council appoint the Mayor, the Deputy Mayor, Councillors Beregi and Baker to the General Manager's Performance Review Panel to commence forthwith.


Re: LGNSW Lifetime Achievement Award to Recognise 20 Years of Service by Councillor Michel Reymond 1. THAT Council write to LGNSW nominating Cr Reymond for an award recognising 20 years of service to North Sydney. The Motion was moved by Cr Baker, seconded by Cr Barbour The Motion was put and carried




RESOLVED: 1. THAT Council write to LGNSW nominating Cr Reymond for an award recognising 20 years of service to North Sydney.


Re: Youth Volunteer Initiative


QUESTIONS WITH NOTICE

Nil

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QUESTIONS WITHOUT NOTICE

Nil

Cr Beregi declared an interest in the following matter and left the meeting at 9.08 pm The Mayor declared an interest in the following matter, vacated the Chair and left the meeting at 9.08 pm Cr Morris assumed the Chair at 9.08pm.


Re: Outstanding Matters Relating to Council Resolution 1. THAT Council write to the Acting Chief Executive of the Office of Local Government requesting urgent advice as to any action proposed to be taken by the OLG in respect of the continuing failure of the Mayor, Councillor Gibson, to comply with the resolution of Council at the meeting held on 20 July 2015.

The Motion was moved by Cr Baker, seconded by Cr Barbour.




Gibson DoI Beregi DoIReymond Y Barbour Y Clare Y Morris Y Baker Y Marchandeau Y Carr Absent Bevan Absent

RESOLVED: 1. THAT Council write to the Acting Chief Executive of the Office of Local Government requesting urgent advice as to any action proposed to be taken by the OLG in respect of the continuing failure of the Mayor, Councillor Gibson, to comply with the resolution of Council at the meeting held on 20 July 2015.

(Note: A Notice of Rescission was lodged regarding Minute 409 – NoM04: Outstanding Matters Relating to Council Resolution, signed by Councillors Gibson, Bevan and Marchandeau. However, this Rescission Motion could not be accepted as it did not meet Council’s Code of Conduct.)

Cr Beregi returned to the meeting at 9.09pm. The Mayor returned to the meeting at 9.10pm and resumed the Chair.

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The Meeting concluded at 9.10pm ____________________________ __________________________ CHAIRPERSON GENERAL MANAGER

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

SUBJECT: 3671st EXTRAORDINARY MEETING OF COUNCIL TO BE HELD ON

MONDAY, 23 OCTOBER 2015

THAT THE MINUTES of the previous 3670th Council Meeting held on Monday, 19 October 2015 be taken as read and confirmed.

DECLARATIONS OF INTEREST

COUNCIL – 23/10/15 (2)

RESCISSION MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

1. NoRM01: Notice of Rescission No 10/15 By Councillors Gibson,

Bevan and Marchandeau

THAT the decision of Council at its meeting of 19 October 2015 regarding GMO03: Fit for the Future Update, where it resolved:

1. THAT Council affirms that it is Fit for the Future as a standalone Council, within its current boundaries. 2. THAT Council thanks Ms Jillian Christie for her assistance with coordinating and lodging the community petition and accompanying submission. 3. THAT an urgent Councillor briefing be held as soon as practicable following release by the State government of the IPART report. 4. THAT Council reiterate and reinforce all previous resolutions relating to Fit For the Future and forced amalgamations including but not limited to:



5. THAT Council write to our colleagues at Mosman Council with a copy of this resolution. 6. THAT Council write to the Premier and the Minister of Local Government requesting an urgent explanation as to how the rates of North Sydney Council would have downward pressure applied when our rates are already second-lowest in metropolitan Sydney.

be rescinded

2. NoRM02: Notice of Rescission No 11/15 By Councillors Gibson,

Bevan and Marchandeau

THAT the decision of Council at its meeting of 19 October 2015 regarding NoM05: Notice of Motion No. 26/15 by Cr Baker – 14/10/15, Re: Complaint to NSW Ombudsman, where it resolved:

1. THAT Council make a formal complaint to the NSW Ombudsman in respect of: (i) the unwillingness of the Office of Local Government (OLG) to take action in relation to breaches of lawful resolutions of Council; and (ii) Council's increasing concerns that the OLG has, and continues, to inconsistently exercise its statutory responsibilities in regard to Code of Conduct

COUNCIL – 23/10/15 (3)

complaints and recommendations made by independent investigators arising from such complaints generally.

be rescinded

COUNCIL – 23/10/15 (4)

REPORTS

General Manager’s Office 3. GMO01: Fit for the Future Update

Report of Peter Coulton, Corporate Planning Projects On Tuesday 20 October the NSW State Government released the IPART Report; “Assessment of Council Fit for the Future Proposals”. IPART has deemed North Sydney Council to be Not Fit, similarly neighboring councils Mosman, Lane Cove, Willoughby, Hunters Hill and Ryde were also deemed not fit. The Hunters Hill, Ryde and Lane Cove proposal to establish a Joint Regional Organisation (JRA) was also rejected. The City of Sydney was determined by IPART to be fit as a standalone Council, but not fit as a Global City Council (The Global City option proposed the City of Sydney merge with Botany, Randwick, Waverley and Woollahra). The State Government has given councils until Wednesday 18 November 2015 to provide feedback and/or a response. Providing feedback is optional. Council needs to determine its next steps. Financial implications will depend on how Council resolves to respond to the IPART report and the NSW Government’s request for Councils to engage in voluntary mergers. Recommending: 1. THAT Council determines its next steps.

declarations of interest rescission motions of which … · council chambers 22 october 2015 the...

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