the 3681st meeting council 7...council chambers 9 june 2016 the 3681st meeting of council will be...
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Council Chambers
9 June 2016
The 3681st MEETING of COUNCIL will be held at the Council Chambers, North Sydney at
7.00pm on Tuesday, 14 June 2016. The agenda is as follows.
ROSS MCCREANOR
ACTING GENERAL
MANAGER
North Sydney Council is an Open Government Council. The records of
Council are available for public viewing in accordance with this policy,
with the only exception being made for certain confidential documents
such as legal advice, matters required by legislation not to be divulged,
and staff matters.
APOLOGIES/LEAVE OF ABSENCE
ACKNOWLEDGEMENT OF COUNTRY
MATTERS BROUGHT FORWARD
CONFIRMATION OF MINUTES of the previous Meeting
DECLARATIONS OF INTEREST
MATTERS REFERRED TO COUNCILLOR INSPECTIONS
MINUTES OF THE MAYOR
RESCISSION MOTIONS of which due notice has been given
REPORTS from Officers of the Council
CORRESPONDENCE to be read, and if necessary ordered upon
MOTIONS of which due notice has been given
QUESTIONS of which due notice has been given
QUESTIONS without notice.
COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR
INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT
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 Members of the public are asked not to make insulting or defamatory statements, and
to take care when discussing other people’s personal information (without their consent).
7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter.
COUNCIL MEETINGS
Explanatory Notes for Members of the Public Attending Meetings 8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager. 9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress. 10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting. 11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. All Council meetings are also webcast via the internet. Members of the public are advised that if they address Council their voice will form part of the webcast but they will not appear on camera. Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at Council Offices or Stanton Library.
TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Barbour,
Morris, Clare, Baker, Marchandeau, Beregi.
SUBJECT: 3681st MEETING OF COUNCIL TO BE HELD ON TUESDAY, 14 JUNE
2016
THAT THE MINUTES of the previous 3680th
Council Meeting held on
Monday, 16 May 2016 be taken as read and confirmed.
DECLARATIONS OF INTEREST
COUNCIL - 14/6/16 GMO (2)
REPORTS
General Manager’s Office
1. GMO01: Matters Outstanding
Report of Ross McCreanor, Acting General Manager
A report on the current status of matters arising from Council resolutions up to
the meeting of 18 April 2016 is presented.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
2. GMO02: NSW State Government’s Reform Agenda for Local
Government - Update
Peter Coulton, Executive Officer, Organisational performance
This report provides an update on the NSW State Government‟s Council reform
agenda and provides a Submission for comment and endorsement by Council to
the Minister for Local Government.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
2. THAT the Submission to the Minister for Local Government be endorsed.
3. GMO03: Local Government Reform - Legal Proceedings
Report of Matthew Pearce, Solicitor
The purpose of this report is for the Council to consider the recent local
government reform proceedings in the Land and Environment Court.
It will be necessary for Council to close the meeting to the public to consider the
matter.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council close the meeting to the public pursuant to sections 10A(1) and
10A(2)(g) of the Local Government Act 1993 to consider advice concerning
COUNCIL - 14/6/16 GMO (3)
litigation, or advice that would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege.
COUNCIL - 14/06/16 CIS(4)
City Strategy Division
4. CiS01: Amended Delivery Program 2013/14-2016/17 - Post
Exhibition
Report of Katrina Furjanic, Corporate Planning Co-ordinator
In accordance with legislative requirements Council is required to re-adopt its
Delivery Program annually in conjunction with adoption of each annual
Operational Plan and Budget.
The Draft Amended Delivery Program2013/14-2016/17/Operational Plan and
Budget 2016/17 was reported to Council on 21 March 2016 whereby Council
resolved to exhibit the plan. The plan was publicly exhibited for 28 days from 24
March to 21 April 2016. During this period two submissions were received.
The purpose of this report is to adopt the proposed Amended Delivery Program
2013/14-2016/17/Operational Plan and Budget 2016/17 following its public
exhibition. No changes to the plan are recommended in response to the
submissions received, as outlined in this report.
Council is required to adopt the Amended Delivery Program 2013/14-2016/17 by
30 June 2016.
Printing and promotion associated with the Amended Delivery Program 2013/14-
2016/17 can be met from existing administrative budgets.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and satisfy
the requirements.
Recommending:
1. THAT having considered the submission and amendments detailed, Council
adopts the Amended Delivery Program 2013/14-2016/17 as attached to this
report.
5. CiS02: Amended Resourcing Strategy 2013-2023 - Post
Exhibition
Report of Jenny Gleeson, Manager Integrated Planning and Special Projects
Darren Goode, Manager Accounting Services
Council is required to re-adopt its Resourcing Strategy by 30 June annually in
accordance with legislative requirements. The Draft Amended Resourcing
Strategy 2013-2023 was reported to Council on 18 April 2016 whereby Council
resolved to exhibit the draft Amended Strategy.
The Long Term Financial Plan (LTFP) component of the Resourcing Strategy has
been updated in conjunction with preparation of the 2016/17 Operational Plan.
Additionally parts of the Asset Management Strategy and Workforce
Management Strategy components have also been updated.
The Amended Strategy was publicly exhibited for 28 days from 21 April to 16
May 2016. During this period no submissions were received.
COUNCIL - 14/06/16 CIS(5)
The amended figures within Attachment 1 are reflective of actual results and/or
the proposed 2016/17 budget (post exhibition), which is concurrently reported to
Council on 14 June 2016.
Printing and promotion associated with the Amended Delivery Program 2013/14-
2016/17 can be met from existing administrative budgets.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and satisfy
the requirements.
Recommending:
1. THAT the Amended Resourcing Strategy 2013-2023 be adopted (post
exhibition) and the previous version (May 2015) be replaced.
6. CiS03: Draft Amendment to NSDCP 2013 - Implementing
Education Precinct Planning Study (2013) and St
Leonards/Crows Nest Planning Study - Precincts 2&3 (2015) -
Post Exhibition Report
Report of Katerina Pikoulas, Graduate Strategic Planner
On 21 March 2016, Council resolved to adopt a draft amendment to North Sydney
Development Control Plan 2013 (NSDCP 2013) for the purposes of public
exhibition. The draft amendment is informed by the Education Precinct Planning
Study adopted by Council on 19 August 2013 and St Leonards/Crows Nest
Planning Study Precincts 2&3 adopted by Council on 18 May 2015.
The planning studies recommend a number of principles be adopted and
formalised to guide and inform the consideration of any future development
proposals that propose to contribute to the delivery of the study‟s objectives. The
draft amendment to NSDCP 2013 reflects these recommended principles.
The draft amendment to NSDCP 2013 was placed on public exhibition for a
period of 28 days, from Thursday 21 April 2016 to Wednesday 18 May 2016.
Council received a total of five (5) submissions during the exhibition period,
three (3) relating to the Education Precinct and two (2) that also addressed St
Leonards Precincts 2 & 3. Two (2) submissions supported the intent of the draft
DCP amendments and three (3) submissions requested further changes in relation
to:
Locality boundaries
Alignment with Conservation Management Plan and Concept Approval
for the Graythwaite site;
Street activation provisions
Through-site link provisions
Scale, massing and bulk provisions
As a result of the submissions, a number of minor amendments to the exhibited
documents are recommended. The submissions, staff responses and
recommendations are contained within the submissions summary table (refer to
Attachment 1).
COUNCIL - 14/06/16 CIS(6)
This report seeks Council‟s resolution to adopt the recommendations made
resulting from public submissions and adopt the amended draft documents (refer
to Attachment 2).
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council note the results of the exhibition of the draft DCP amendment.
2. THAT Council adopt the draft amendments to North Sydney Development
Control Plan 2013 as attached to this report (Attachment 2).
3. THAT public notice of the amendments to North Sydney Development Control
Plan 2013 be given.
4. THAT all submitters be notified of Council‟s decision and thanked for their
submissions.
7. CiS04: Ward Street Precinct Masterplan
Report of Scott Williamson, Senior Strategic Planner
The Ward Street Precinct forms the northern end of North Sydney Centre. The
precinct supports a mix of privately owned commercial, mixed use and residential
development. It also contains the Ward and Harnett Street car parks, which are in
Council ownership.
The precinct is presently undergoing or will soon see, significant and
transformational changes, triggered by:
The return of the Ward Street car park to Council control in 2020;
The proposed Victoria Cross Metro Station; and
Strong ongoing private development interest within the block.
This is a unique opportunity for Council to encourage positive change within the
greater North Sydney Centre. To take advantage of this opportunity, Council must
have a coherent vision in place for the precinct.
The preparation of a masterplan for the Ward Street Precinct will ensure that
Council can apply an informed strategic approach to future redevelopment in the
area. The masterplan will guide our future planning, asset management and
community infrastructure decisions, whilst giving necessary clarity to various
stakeholders.
The site offers a potential source of significant income to be derived from its
redevelopment. Whilst this must be balanced with Council‟s outstanding
community infrastructure needs, a key driver will continue to be an economically
viable outcome.
Funding for the preparation of the masterplan is included in the adopted 2015/16
budget.
Comment by Responsible Accounting Officer:
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable as this represents an existing endorsed and funded project identified in
the Community Strategic Plan 2013-2023.
COUNCIL - 14/06/16 CIS(7)
Recommending:
1. THAT Council note the preparation of a masterplan for the Ward Street
Precinct in accordance with the project identified in the Community Strategic
Plan 2013-2023.
2. THAT Council incorporate the relevant outcomes of the Ward Street Precinct
Masterplan into any future update of Council‟s Delivery Program, in order to
contribute to the outcomes in the Community Strategic Plan 2013-2023.
3. THAT Council note that financial return is a key driver to this project.
8. CiS05: Community Uses on Council Land Study - Post-
exhibition Report
Report of Scott Williamson, Senior Strategic Planner - Urban Design
On 21 March 2016, Council resolved to place concept options for three (3)
Council owned assets on public exhibition. The concept options respond to a
previous resolution of Council that requested opportunities be identified to
enhance provision of community uses on existing Council owned land. The
resolution requires identification of opportunities as well as development of
concept designs and associated feasibilities.
The recently exhibited concept options seek to implement an asset planning
strategy for the potential future use of three (3) sites inclusive of the Barry Street
car park, Neutral Bay Community Centre and Holtermann Street car park. A
variety of community use options were envisaged in the case of each site. Options
for various uses were developed out of a review of Council‟s adopted policy
regime, ensuring concepts address specific and defined community needs.
The concept designs are intended only to identify future options available to
Council to enhance its community assets as a basis for wider discussion. There is
presently no detailed design or development application seeking to implement the
concept designs.
Exhibition occurred between 21 April and 23 May 2016. A total of 25
submissions were received across the three (3) sites. The general theme of
submissions was supportive of provision of new community facilities and many
submissions complemented Council on the initiative. Some recurring concerns
raised included potential for loss of parking, amenity concerns to immediate
neighbours and where residential uses were contemplated, the possibility of a loss
of community land in perpetuity.
Following an assessment of the community feedback received, advice of
stakeholders and Council‟s Design Excellence Panel, as well as design and
feasibility information, staff have now identified preferred options for each site as
follows:
Barry Street car park: Concept option 2; comprising community and
recreation functions with compliant building height is preferred. This
option presents a high level of versatility and the ability for the site to
remain in community control. Concerns raised during exhibition over
impacts to nearby residential amenity can be addressed during any future
detailed design phase.
Neutral Bay Community Centre: Community support for any upgrade
of the Neutral Bay Community Centre was strong. The concept options
COUNCIL - 14/06/16 CIS(8)
are not mutually exclusive and therefore, in maximising the potential for
an upgrade to occur, it is recommended both options form part of a long
term strategy for the asset.
Holtermann Street car park: Support for rooftop facilities was received,
often accompanied by concerns over parking. Amenity impacts to a
nearby residential building were also a concern. Both options present
substantial public benefit gain and are not mutually exclusive. It is
recommended both options form part of a future strategy for the asset.
Concerns raised during exhibition over parking and residential amenity
can be addressed during a detailed design phase.
This report seeks adoption by Council of each of the recommended concepts as a
future infrastructure strategy for each site.
It is anticipated that following the adoption of strategies for each site, a funding
plan would need to be developed, followed by detailed design. Both Planning
Proposal and Development Application processes would then need to be
undertaken.
The concepts presented within this report and the wider Community Uses on
Council Land project present a proactive attempt of Council to address the
established ongoing needs of its community.
For the benefit of Council's standing within the wider District Planning process, it
would be prudent to refer the strategy outcomes of the Community Uses on
Council Land study, including previous decisions regarding Ridge Street car park
and Hume Street park, to the Greater Sydney Commission for its consideration in
the development of the District Plan.
This report is concerned with establishing a vision for the future of the Barry
Street car park, Neutral Bay Community Centre and Holtermann Street car park
sites. Funding for detailed design to DA stage and construction has not been
established.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable as this represents an existing endorsed and funded project identified in
the Community Strategic Plan 2013-2023.
Recommending:
1. THAT Council write to community members who made submissions, thanking
them for their input into the ongoing development of Council‟s community
infrastructure planning.
2. THAT Council adopt in principle concept option 2 with a compliant height as
the preferred future development strategy for the Barry Street car park site.
3. THAT Council adopt in principle, both options exhibited for the Neutral Bay
Community Centre site as the preferred future development strategy.
4. THAT Council adopt in principle, both concept options for the future use of
the rooftop space at Holtermann Street car park as the preferred future
development strategy.
5. THAT where funding opportunities arise, each of the preferred strategies be
progressed to detailed design, with Local Environmental Plan and Development
Control Plan amendments prepared where necessary to facilitate the development
of each individual project.
COUNCIL - 14/06/16 CIS(9)
6. THAT Council refer the adopted concept strategies of the Community Uses on
Council Land project, including previous decisions relating to Ridge Street and
Hume Street sites, to the Greater Sydney Commission for its consideration against
the regional objectives set for the North Sydney community, within the ongoing
District Planning process.
7. THAT Council incorporate the strategy recommendations of the Community
Uses on Council Land Study, including previous decisions relating to Ridge
Street and Hume Street sites, into any future update of Council‟s Delivery
Program.
9. CiS06: Regulatory Framework for Events - Gateway
Determination
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, however, created difficulties for parties
including Council, wishing to conduct events.
Council considered reports on 19 October and 19 November 2015 regarding a
proposed change to the regulatory approach to conducting and facilitating events
on public land. At those meetings, Council endorsed a draft Planning Proposal to
identify events as “exempt development” as well as adopting a Public Event
Policy and Guideline for such activities.
Following Council‟s endorsement of the draft Planning Proposal, the usual
referral to the Department of Planning and Environment (DPE) occurred, seeking
a “Gateway Determination” to facilitate the public exhibition of the Plan. The
DPE raised various issues with the draft Proposal and after a period of discussion
between Council and the Department, a Gateway Determination was finally
issued on 20 April 2016.
The DPE‟s advice requires that certain conditions be included in the Planning
Proposal to ensure that the size, extent and timeframes of events be pre
determined before being considered as exempt development. The Determination
has also required that any reference to permits be removed from the Planning
Proposal.
This report recommends that Council endorse an amendment to the Planning
Proposal which includes various additional limits as requested by the Department.
The proposed amendment recommends the removal of the reference to permits
being issued by Council. The result of these amendments is not significant and
this report recommends that Council proceed with the amended Planning
Proposal and exhibit it concurrently with the Public Event Policy and Guideline
previously endorsed by Council on 19 October 2015.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
COUNCIL - 14/06/16 CIS(10)
1. THAT Council resolves to adopt the amendments to the Planning Proposal as
discussed in this report and forward it to the Department of Planning and
Environment (DPE) as required by the Gateway Determination issued by the
Department on 20 April 2016.
2. THAT the previously endorsed Public Event Guidelines be amended to make
reference to Council‟s “Sustainable Public Events” policy.
3. THAT the Planning Proposal, once endorsed by the DPE, be publically
exhibited in the usual manner concurrently with the previously adopted Public
Event Policy and Guideline.
4. THAT the General Manager be given delegated authority to approve any
further minor amendment required to the Planning Proposal by the DPE prior to
exhibition.
10. CiS07: Crows Nest Planning Study (Metro) - Consultation Findings
Report of Mark Yee, Strategic Planner
On 15 February 2016, Council supported the commencement of a consultation
process for the „Crows Nest Planning Study‟. The study was launched to identify
and manage growth pressure associated with the delivery of the proposed Metro
Station at Crows Nest and also identify public benefits to support such growth.
An extensive consultation process was undertaken from 17 March to 20 May
2016, to help define the scope of the study as well inform the community of the
work being done by Council.
A survey was the focus of the consultation. Correspondence was sent to over
9,000 local residents/landowners in the study area (including a number of
residents from Lane Cove and Willoughby Councils) notifying them of the
survey. To encourage a greater response rate, a reply-paid envelope was included
in all correspondence.
There was overwhelming response from the community, with over 1000
completions of the survey. Approximately 80% of responses were from residents
in the area.
After analysis of the responses to the surveys, a number of key principles for the
study were developed as follows:
- Maintain and enhance the village atmosphere in Crows Nest
- Maintain and enhance access to amenities
- Proactively manage development pressure
- Provide public benefit
- A greater focus on sustainable transport
It is recommended that Council note the feedback from the consultation and now
move into Stage 2 of the Crows Nest Planning Study to develop options for
growth taking into account the feedback received.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council notes the feedback and the key themes from the Stage 1
consultation of the Crows Nest Planning Study.
COUNCIL - 14/06/16 CIS(11)
2. THAT Council proceeds to Stage 2 of the Crows Nest Planning Study taking
into account the stakeholder feedback received.
3. THAT Council seek funding from the State Government for the development
of the Crows Nest Planning Study.
4. THAT Council includes the Crows Nest Planning Study in the Delivery
Program.
5. THAT Council notes the risks associated with any future imposition of a State
Infrastructure Contribution from the NSW Government in potentially
undermining identified local benefit that may be captured from future private
development within the precinct.
11. CiS08: Planning Proposal - Building Heights
Report of Ben Boyd, Executive Strategic Planner
Since the commencement of North Sydney Local Environmental Plan 2013
(NSLEP 2013), Council staff have identified:
• A number of anomalies with the Height of Buildings Map which require
correction;
• Confusion by both Council staff and applicants in applying single storey
height controls as viewed from a public street frontage; and
• A large number of development applications seeking variations to the
maximum building height controls on land having an area less than 230sqm being
referred to the North Sydney Independent Planning Panel (NSIPP) for
determination.
In response to these issues, a Planning Proposal has been prepared to amend
NSLEP 2013 to correct obvious errors on the Height of Buildings Map and to
improve the application and interpretation of planning controls relating to
building height. In particular, the Planning Proposal seeks to:
• Correct the colours on the legend and main part of the map to the Height
of Buildings Map, consistent with the DPE‟s Standard Technical
Requirements for Spatial Datasets and Maps (30 November 2015);
• Remove the maximum building height controls from the following road
reserves:
o Harriet Lane, Neutral Bay;
o Balls Head Road, Waverton;
o The Avenue, North Sydney;
o Gas Lane, North Sydney;
o High Street, North Sydney;
o Hill Street, North Sydney;
o McDonald Lane, North Sydney
• Remove the maximum building height controls from the following public
open space reserves:
o Mater Gardens, 194 Pacific Highway, Wollstonecraft
• Impose a maximum building height of 8.5m on land at 124 Alexander
Street, Crows Nest;
• Impose a maximum building height of 10m on land at 74 McDougall
Street, Kirribilli; and
• Deleting clauses 4.3(2A) and 4.3(2B) in their entirety.
COUNCIL - 14/06/16 CIS(12)
The Planning Proposal:
• Generally complies with the relevant Local Environmental Plan making
provisions under the Environmental Planning & Assessment Act 1979;
• Generally complies with the Department of Planning‟s „A guide to
preparing planning proposals‟ (October 2012); and
• Is unlikely to result in any adverse impacts on the environment or wider
community.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council resolves to adopt the attached Planning Proposal and forward it
to the Minister for Planning in order to receive a Gateway Determination in
accordance with Section 56 of the Environmental Planning and Assessment Act,
1979.
2. THAT Council requests the Minister for Planning to provide authorisation to
Council to exercise the delegation of the Minister for Planning to make the Plan.
12. CiS09: Planning Proposal and VPA - 31-33 Albany Street,
Crows Nest
Report of Marcelo Occhiuzzi, Manager Strategic Planning
At its meeting on 19 October 2015, Council resolved to support a draft Planning
Proposal for the site at 31-33 Albany Street, Crows Nest and refer it to the
Department of Planning and Environment (DPE) for a Gateway Determination to
enable its public exhibition. The Planning Proposal was accompanied by a
Voluntary Planning Agreement comprising a cash contribution ($1.15M) towards
public open space in Crows Nest. Both the Planning Proposal and VPA are
consistent with the St Leonards/Crows Nest Planning Study - Precinct 1, which
was adopted by Council in October 2012.
Council subsequently received a Gateway Determination from the DPE on 2
February 2016 (Attachment 1), outlining that the Planning Proposal could
proceed subject to certain conditions. Two of these conditions were unusual in
that they introduced a significant level of uncertainty to the process. Condition
1b, in particular, is an open ended, undefined additional State Infrastructure
Contribution (SIC) monetary charge that represents an additional unanticipated
monetary impost. Council at its meeting on 21 March 2016 resolved that a formal
review challenging these conditions, be submitted to the Department. The DPE
has yet to assess and report on this review. In the meantime, the Planning
Proposal and accompanying open space contribution are at risk of not proceeding.
Both these conditions are contingent on a draft or final strategic review of St
Leonards being conducted by the DPE. There is no sign that this work has gained
any traction since it was first mooted in mid 2015. It is considered that for this
Planning Proposal, the risk of actually incurring a State Infrastructure
Contribution is very low. In this context and in the interests of realising the
negotiated contribution towards open space in Crows Nest, the exhibition of the
Planning Proposal has proceeded. This is on the basis that the previously lodged
COUNCIL - 14/06/16 CIS(13)
review is also exhibited and that further representations on behalf of the
community, be made to the Minister regarding the impact of the SIC on the
capacity of developers to continue to fund important local infrastructure through
VPAs which is a critical component of each of the local growth plans adopted by
Council.
At the time of writing, the public exhibition of the Planning Proposal and
accompanying VPA was planned to commence on 9 June 2016. It was to be
accompanied by Council‟s submission objecting to the additional conditions
imposed and a “plain English” version of the implications of the imposition of a
SIC on the capacity of Council to realise its public benefit aspirations for St
Leonards/Crows Nest. This way, the wider community will have an opportunity
to comment on the notion of the imposition of a SIC at the potential expense of a
thoughtful, community scrutinised, developer funded and adopted public benefit
regime that is directly related to development and growth. Council officers will
continue to push for the protection of Council‟s endorsed public benefit plans to
be realised and not be undermined by a SIC. The exhibition has therefore been
tailored to seek community input into this important issue.
The financial implications associated with not proceeding with the Planning
Proposal and VPA are monetary contributions of $1.15M towards open space in
Crows Nest.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
2. THAT Council continues to push for the protection of Council‟s capacity to
deliver developer funded public benefit plans for St Leonards/Crows Nest
associated with growth in these precincts and not be allowed to be undermined by
a planned NSW Government imposed “State Infrastructure Contribution”.
13. CiS10: North Sydney Economic Development Strategy
Report of Mark Yee, Strategic Planner - Policy
North Sydney is one of the NSW‟s most economically important areas, forming
part of Global Sydney and the Global Economic Corridor under the NSW State
Government strategy „A Plan for Growing Sydney‟ (2014). To maintain and
enhance this status, Council has developed the „North Sydney Economic
Development Strategy‟ to set a clear vision for economic growth and identify
strategies to achieve this growth.
The strategy was completed by the economic consultant SGS Economics and
Planning. The development of the strategy included extensive consultation with
the community and key stakeholders. This consultation was valuable in defining
the scope of the strategy as well as to highlight key issues.
The strategy developed a clear vision for each of the commercial centres in the
North Sydney Local Government Area. These visions identify how Council will
lead in promoting economic growth by identifying opportunities for each centre
as well as specifying how Council can address specific ongoing issues.
COUNCIL - 14/06/16 CIS(14)
Supporting the vision is a series of strategies, with a number of corresponding
actions under each strategy. These strategies/actions provide the opportunity to
expand Council‟s role in economic development as well as address existing
issues.
The strategy has utilised a detailed framework for developing a comprehensive
range of strategies. This framework includes strategies based on Council‟s core
functions such as such as public domain upgrades to improve amenity for
workers. Importantly the framework also identifies new roles for Council in
economic development such as establishing a new hub for small business in
North Sydney and providing support for start-ups and entrepreneurs. This
expansion of Council services in economic development will be vital for fostering
innovation and promoting North Sydney Council as a leader in economic
development.
This comprehensive approach ensures that Council is a leader in capitalising on
emerging economic trends but also retains its focus on the existing core functions
to influence economic development.
The implementation of the Economic Development Strategy will be the key to its
success and will require a commitment/co-ordination from various
teams/departments within Council. One of the key strategies is to include
dedicated Council staff focused on economic development and place-making.
This will allow Council to expand its role in economic development and also
provide a direct contact to businesses and stakeholders.
It is recommended that Council note the draft Economic Development Strategy
and place it on public exhibition.
The Economic Development Strategy is an aspirational document. Many of the
actions and recommendations can be accommodated within existing budgets and
resourcing. It is important to note, however, that the actions included in the draft
Strategy have not been fully costed at this stage and the pursuit of individual
actions that have additional cost implications will need to be the subject of future
budget bids.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council note the draft Economic Development Strategy and place it on
public exhibition for a period of 28 days with a future report to Council following
this process.
14. CiS11: Balls Head Coal Loader Wharf - Nomination on the
State Heritage Register and Application for an Interim Heritage
Order
Report of Stephen Beattie, Manager Development Services
This report has been prepared in response to recent correspondence from the
RMS indicating their intention to demolish the Balls Head Coal Loader Wharf in
its entirety, due to safety risks posed by the deteriorating structure. The RMS is
COUNCIL - 14/06/16 CIS(15)
currently preparing a Review of Environmental Factors for the full removal of the
wharf.
The Coal Loader Wharf is currently listed as a heritage item within NSLEP
2013.However, the Coal Loader Wharf was assessed as having heritage
significance at State level in the Waverton Peninsular Industrial Sites
Conservation Management Plan 2000. This matter was extensively discussed in
the Report of David Banbury, Landscape Architect which was considered by
Council at its December 2015 meeting.
The Office of Environment and Heritage advised Council, in a letter dated 27
January 2016, that if a detailed study of the subject item concludes that it may be
of state significance, consideration should be given to its nomination on the State
Heritage Register.
In light of the current RMS proposal to demolish the wharf in its entirety, it is
now considered appropriate that the nomination for listing on the State Heritage
Register be expedited, in order to ensure the best possible conservation outcome
for the Wharf.
Full demolition of the wharf, with no retention of fabric, is considered to be the
worst possible outcome for the wharf, in heritage terms.
Council has recently engaged a heritage architect and engineer to review the
significance and condition of the wharf, and provide advice as the current level of
significance, detailed analysis of its current condition, and appropriate course of
action. The consultant has concluded that the Wharf is of State Significance for
its historic, associative, aesthetic and technical values. It has been assessed to
have high comparative significance values, and is considered to make a high
contribution to the heritage significance of the Coal Loader site as a whole. These
reports are attached for Councils information.
The consultant has provided a DRAFT State Heritage Register Nomination Form
for the Wharf.
Given the immediate threat to the Wharf by the proposed demolition, the Heritage
Office has also recommended that Council request that the Heritage Council
consider placing an Interim Heritage Order on the Wharf to protect the structure
while the Nomination for State Listing is being considered.
There are no costs to North Sydney Council resulting from the nomination of the
Coal Loader Wharf on the State Heritage Register, or the application for an
Interim Heritage Order.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
2. THAT Council resolve to nominate the Balls Head Coal Loader Wharf on the
State Heritage Register.
3. THAT Council resolve to apply to the Heritage Council for an Interim
Heritage Order on the Balls Head Coal Loader Wharf.
COUNCIL - 14/06/16 CLS (16)
Community & Library Services Division
15. CLS01: Primrose Park Art and Craft Centre - Access Works
Report of Martin Ellis, Director Community and Library Services
Of all Council‟s community facilities, the most significant non compliance for
Access is the Art and Craft Centre. Staff have been consulting with an architect
experienced in adaptive reuse of industrial buildings, and with the Board of the
Centre. Objectives in addition to making the Centre accessible include; expansion
of exhibition space, limiting any impact on the car park and presenting the
building in its best light from a heritage point of view. Currently the building has
all but one of its windows blocked up, is inaccessible from both the car park level
and the playing field level and has no accessible toilet.
Funds have been allocated in the 2016/17 estimates for construction. Funds are
available in current year for sketch design and surveyor fees.
Comment by Responsible Accounting Officer:
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT fee proposals be sought for a development application for an accessible
Art and Craft Centre at Primrose Park.
2. THAT quantity survey estimate be sought to confirm the budgeted amount for
the works.
16. CLS02: Adoption of Community Grants and Subsidies 2016-
17
Report of Martin Ellis, Director, Community and Library Services
The purpose of this report is to adopt the Community Grants and Subsidies 2016-
17 following their public exhibition.
The recommendations are provided for in Year 4 of the adopted Delivery Plan.
Comment by Responsible Accounting Officer:
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council adopts the Community Grants and Subsidies 2016-17 as
provided with this report.
17. CLS03: Shorelink Estimates 2016/17
COUNCIL - 14/06/16 CLS (17)
Report of Rebecca Aukim, Manager Library Services
This report presents the Estimates for Shorelink Library Network, 2016/17.
North Sydney‟s contribution is provided for in the Estimates that have recently
completed public exhibition.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the Shorelink Estimates for 2016/17 be adopted.
18. CLS04: Library Matters: October 2015 - May 2016
Report of Rebecca Aukim, Manager Library Services
In recent months the library has focused on a range of strategic issues,
predominantly the Stanton Library Masterplan 2015-2020. The Quantity Surveyor
calculates a total of $3.049 million. This amount includes all work to the existing
building and structural work to allow for an increase of 500sqm. Calculations
include demolition, hydraulic, mechanical, electrical, furniture and fittings; and
are based on sequential work, allowing for the library to continue to operate
during construction.
In Historical Services, the „At Home in North Sydney‟ database has won the 2016
National Trust Heritage Award for multimedia; and Nutcote Museum is about to
re-open to the public following renovations.
Children‟s library staff, have launched Stanton‟s inaugural Comic Con-versation:
a week in July celebrating the best of local comic culture with events, exhibitions
and talks across Sydney libraries.
It is recommended that the cost estimates for the library masterplan be included in
Council‟s Long Term Financial Plan. Nutcote works are fully funded in the
Estimates for this year.
Comment by Responsible Accounting Officer:
Funding for the projects is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the cost estimates for the library masterplan be included in Council‟s
Long Term Financial Plan.
19. CLS05: Early Childhood Centre, Crows Nest & Parraween
Street Car Park project
Report of Martin Ellis, Director Community and Library Services
As part of the Parraween Street Car Park proposal, Council will temporarily (for
18 months to 2 years) move the existing four Cremorne nurses to the top Level of
the Crows Nest Centre. This building already accommodates, on Level 2, the
COUNCIL - 14/06/16 CLS (18)
three Crows Nest nurses delivering the same services. While the Parraween Street
project, which will provide for five nurses, is currently delayed, it is nevertheless
proposed that:
• The temporary accommodation on the top level of the Crows Nest Centre
be made permanent and the three Crows Nest Centre nurses relocate into
it. They would be joined by one of the four Cremorne nurses, so that the
space is fully utilized.
• The vacated (small) Early Childhood centre on level 2 would be returned
to the Crows Nest Centre to manage, on condition that the fittings (each
consulting room has a sink) remain in place to allow for the future
temporary accommodation of the remaining three Cremorne nurses when
the Parraween Street Project starts.
The existing Level 2 Early Childhood centre does not meet requirements in many
respects, so the outcomes of the above move will be of immediate, significant
benefit to the parents, children and nurses.
The new Level 4 Early Childhood Centre, even though fully compliant, will only
require some two thirds of the space. Council will recall that the balance of the
space is set aside for the Carers‟ program which will vacate Bradfield Park
Community Centre at the end of June 2016.
All costs are funded from existing allocations and reserves.
Comment by Responsible Accounting Officer:
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council seeks tenders for construction for an adaptive fit-out of Level 4
of the Crows Nest Centre as shown in the plans provided.
2. THAT the adopted Financial Model for the Parraween Street car park project
be amended to include a contribution from Section 94 Child Care reserves, noting
the children services being provided on the site.
3. THAT Council notes the joint management of the community portion of Level
4 of the Crows Nest Centre (CNC) by the CNC Board and the Board (from
Kirribilli Neighbourhood Centre) of the relocated Carers‟ Program at Bradfield
Park Community Centre, and on this basis,
4.THAT Council amends the existing lease with the Crows Nest Centre to allow
for an appropriate community use of the Level 4 spaces on the plans provided
marked “MEETING ROOM” and “EXISTING OFFICE”, and of the to be
vacated Early Child Centre on Level 2 of the Crows Nest Centre.
20. CLS06: Youth Army - Progress Report
Report of Kate Rumpler, Youth Worker
This report provides an update about the Youth Volunteering program.
Consultation with staff in all Council Divisions has been completed. Youth
volunteers in Council‟s existing volunteer programs have been identified and a
youth only database is being developed. Advice from Council‟s Work Health and
COUNCIL - 14/06/16 CLS (19)
Safety Co-ordinator who advised that children under 16 years of age need to be
accompanied by a parent has been accepted. The program therefore invites
volunteers aged 16 and above to participate in a wide range of opportunities to
benefit and contribute to their local community. A Facebook page is soon to
launch, with promotion of further Council youth volunteering opportunities
commencing at this time.
A Communications Strategy proposing ongoing means of involving local school
children below the age of 16 in Council activity is provided with this report.
Working with Children checks $800.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the information be noted.
21. CLS07: James Milson Village - Impact of Aged Care Reforms
Report of Martin Ellis, Director, Community and Library Services
In response to a Council resolution, Councillors attended a briefing on 16 May
2016 by Stewart Brown, Chartered Accountants (extensively experienced in Aged
Care, Independent Living and James Milson Village in particular) regarding the
current environment of Aged Care Reform that James Milson Village is operating
under, and challenges which will need to be addressed, arising from:
• Its character as a standalone facility
• The departure from the Board of Uniting Care (the largest Aged Care
provider in Australia), and the loss of expertise that that entails
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council writes to the Board of James Milson Village recommending
that a Governance and Board Skills audit be undertaken by an independent entity
acceptable to the Board and to Council, and that Council participates in the
drafting of the brief.
2. THAT Council advises the Board of James Milson Village of the outcomes of
the market rent review for Council‟s share of the site, when available, and
subsequently opens discussions with the Board as to how the value of Council‟s
contribution under the lease is meeting, and can continue to assist the Board in
meeting, its objectives under the North Sydney Retirement Trust Constitution.
22. CLS08: Targeted Earlier Intervention Grant rolled over to
2016/17
Report of Helen Campbell, Manager, Community Development
COUNCIL - 14/06/16 CLS (20)
Council‟s grants from the NSW Department of Family and Community Services
(FACS) are being renewed for 2016/17. They come with a “special condition”:
Contracting commitments with FACs are subject to change. In the case where
policy and program reform occurs during the contractual period, the existing
contract can be renegotiated with services to reflect new policy and program
requirements. NS district FACS is currently implementing a Targeted Early
Intervention model: Ready for Life - Ready for Success, which aims to break the
cycle of disadvantage in communities, through collaboration and integration
across government, service sector, academia and communities. NS FACS
Community and Reform Team will be in touch accordingly.”
This “special condition is not seen as any barrier to Council accepting the grants
which total $37,460.49 for 2016/17.
Comment by Responsible Accounting Officer:
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council hereby authorises its Official Seal to be affixed to the Program
Level Agreement with FACs, under the signature of the Mayor and the General
Manager.
COUNCIL - 14/06/16 COS (21)
Corporate Services Division
23. CoS01
(No report)
24. CoS02: Investments and Loan Borrowings Held as at 31 May
2016
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 May 2016.
The portfolio provided an annualised return of 3.98% for the year to date as at 31
May 2016, 1.73% above the reportable benchmark (BBSW Bank Bill Index).
Council has commenced a $30 million debt facility and as at the 31 May 2016,
has drawn down $9.5 million for capital works projects.
Interest returns for the month ended 31 May 2016 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.
Comment by Responsible Accounting Officer:
The 2015/16 budget estimates for returns from Council‟s investment portfolio has
been reviewed and was reported to Council in the March 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.
25. CoS03: Application for Citizen Membership
Report of David McQuade, Governance Co-ordinator
The purpose of this report is to inform the Reference Group of an application
from Mr Peter Mcnair for citizen membership.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
COUNCIL - 14/06/16 COS (22)
1. THAT the application from Mr Peter McNair for citizen membership of the
Sustainable Transport Reference Group be accepted.
26. CoS04: Survey Results: NTH SYD CBD Happiness Works
Here Program
Report of Katie Ward, Events Officer - Communications and Events
This report provides an overview of research recently carried out in the North
Sydney CBD to track the progress of the NTH SYD Happiness Works Here
program. The research was carried out by StollzNow Research in May 2016, a
year after the program launched. The results showed very positive sentiment to
the CBD and good awareness of the Happiness Works Here program.
Comment by Responsible Accounting Officer:
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
2. THAT Council write to The Frost Collective to advise them of the survey
results and acknowledge the effectiveness of their strategy.
27. CoS05: Councillor Workshop - Finance: Actions Rising - 7
June 2016
Report of Garry Ross, Financial Services Manager
This report presents the actions arising from the Workshop held on 7 June 2016.
Actions arising will be addressed at the next Workshop.
Recommending:
1. THAT the summary of actions arising from the Councillor Workshop -
Finance held on 7 June 2016 be noted.
COUNCIL - 14/06/16 EPS (23)
Engineering & Property Services Division
28. EPS01: Public Domain Upgrade Design of Mitchell St Plaza -
Tender 39/2016
Report of Adam Deutsch, Project Manager
Tenders were called and were received until 4:00pm, 5 May 2016 for the
submission of tenders to undertake Public Domain Design Upgrade of Mitchell St
Plaza.
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 and 2016/17
budgets.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
39/2016 for Public Domain Design Upgrade of Mitchell St Plaza.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
39/2016 under signature of the Mayor and the General Manager.
3. THAT once Council has executed the Contract, information relating to the
successful tender be published in Council‟s Register of Contracts as required by
Government Information (Public Access) Act 2009 - Part 3 Division 5 -
Government Contracts With Private Sector.
29. EPS02: Schedule of Rates Contract for Civil Works - Tender
1/2017
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 4pm on 10 May 2016 to undertake
repairs on Council‟s infrastructure properties and provide various services on
a schedule of rates basis over a two year period.
This report recommends the successful tenderers to be shortlisted on Council‟s
Panel to undertake civil works over the next two financial years.
Funding for this project is included in the adopted Delivery Program 2013/2014-
2016/17.
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council accept the short-list of tenderers as outlined in Table 1 of this
report for Tender 1/2017 - Schedule of Rates Contract for Civil Works.
COUNCIL - 14/06/16 EPS (24)
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
1/2017 under signature of the Mayor and the General Manager.
3. THAT once Council has executed the Contract, information relating to the
successful tender be published in Council‟s Register of Contracts as required by
Government Information (Public Access) Act 2009 - Part 3 Division 5 -
Government Contracts With Private Sector.
30. EPS03: Schedule of Rates Contract for Infrastructure
Property and Repair Services - Tender 2/2017
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 4pm on 3 May 2016 to undertake
repairs on Council‟s infrastructure properties and provide various services on
a schedule of rates basis over a two year period.
This report recommends the successful tenderers to be shortlisted on Council‟s
Panel of contractors to undertake property works and provide various services
over the next two financial years.
Funding for this project is included in the adopted Delivery Program 2013/2014-
2016/17.
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council accept the short-list of tenderers as outlined in Table 1 of this
report for Tender 2/2017 - Infrastructure Property and Repair Services.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
2/2017 under signature of the Mayor and the General Manager.
3. THAT once Council has executed the Contract, information relating to the
successful tender be published in Council‟s Register of Contracts as required by
Government Information (Public Access) Act 2009 - Part 3 Division 5 -
Government Contracts With Private Sector.
31. EPS04: Submission of tenders for the Education Precinct -
Installation of Lighting - Contract 21/2016
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 4 pm 19 May, 2016 for the
submission of tenders for the Education Precinct - Installation of Lighting
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.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
COUNCIL - 14/06/16 EPS (25)
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
21/2016 for the Education Precinct - Installation of Lighting.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
21/2016 under signature of the Mayor and the General Manager.
3. THAT once Council has executed the Contract, information relating to the
successful tender be published in Council‟s Register of Contracts as required by
Government Information (Public Access) Act 2009 - Part 3 Division 5 -
Government Contracts With Private Sector.
32. EPS05: Submission of tenders for the Brett Whiteley Place
Upgrade Works - Contract 19/2016
Report of Ashraf Doureihi, Engineering Project Manager
Tenders were called and were received until 4pm 24 May 2016 for the submission
of tenders to undertake Brett Whiteley Place Public Domain Upgrade 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 these projects was included in the adopted 2016/17 budget.
Funding for the project is appropriate.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer [4] for
Separable Portions 1 & 2 for Tender 19/2016 for Brett Whiteley Place Public
Domain Upgrade.
2. THAT Council accept the tender of the highest ranked Tenderer [2] for
Separable Portion 4 for Tender 19/2016 for Brett Whiteley Place Public Domain
Upgrade.
3. THAT Council hereby authorises its Official Seal to be affixed to Contract
19/2016 under signature of the Mayor and the General Manager.
4. 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.
33. EPS06: Education Precinct - Napier St & Charles St Public
Domain Upgrade - 40/2016
Report of Adam Deutsch, Project Manager
Tenders were called and were received until 4:00pm, Tuesday 17th May 2016 for
the submission of tenders to undertake Education Precinct - Napier St & Charles
St Public Domain Upgrade
COUNCIL - 14/06/16 EPS (26)
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 2016/17 budget.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
40/2016 for Education Precinct - Napier St & Charles St Public Domain Upgrade.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
40/2016 under signature of the Mayor and the General Manager.
3. THAT once Council has executed the Contract, information relating to the
successful tender be published in Council‟s Register of Contracts as required by
Government Information (Public Access) Act 2009 - Part 3 Division 5 -
Government Contracts With Private Sector.
34. EPS07: St Thomas Rest Park Emergency Lighting
Replacement
Report of Adam Deutsch, Project Manager
Over the last four months three light poles in St Thomas Rest Park have fallen
over which has reduced overall lighting levels in the Park as well as causing a
public liability risk for Council. On inspection by a specialist consulting electrical
and lighting engineer, Council has been advised that the lights are in need of
immediate replacement to ensure lighting levels in the park are maintained and
public safety is not compromised.
Funding for this project is available in the adopted 2015/16 budget.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the 19 lights posts and mounting bolts in St Thomas Rest Park be
replaced immediately so that public safety is not compromised. The lights will be
replaced with new lighting stock as per the lights identified in Councils adopted
Public Domain Style Manual.
2. THAT, due to the urgent nature of the works, Council accepts a quote received
under the current Annual Schedule of Rates contact for Infrastructure, Property
Maintenance and Repair Services (2/2015), to under take the work.
35. EPS08 Sustainable Transport Reference Group - Minutes 30
May 2016
Report of David McQuade, Governance Co-Ordinator
COUNCIL - 14/06/16 EPS (27)
This report presents the recommendations of the last meeting of the Sustainable
Transport Reference Group held on 30 May 2016, for Council endorsement. The
minutes are attached for information.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and satisfy
the requirements.
Recommending:
1. THAT the Update on Current Sustainable Transport Projects report be
received.
2. THAT North Sydney Council investigate an alternative to WestConnex in line
with a 'Living Cities' approach that incorporates the sustainable transport
objectives of the Sustainable Transport Reference Group's Charter, with a view to
formulating a policy response.
36. EPS09: 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 27 May 2016.
Rental income to Council will be received in the Property Budget.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and satisfy
the requirements.
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.
37. EPS10: North Sydney Public Amenities Strategy and Action
Plan: Post Exhibition
Report of Risha Joseph, Property Officer
Council at its meeting on 17 November 2014 resolved in part,
“THAT Council resolves to undertake the development of a Public Amenities
Strategy and Action Plan for North Sydney Council. The Strategy and Action
Plan will ensure that Council has a strategic framework to continuously improve
its network of public amenities to ensure that they are placed in locations that
best meet the community‟s needs and are designed to meet best practice
standards in terms of the following:
• Design Excellence
• Safety
COUNCIL - 14/06/16 EPS (28)
• Accessibility
• Sustainability
• Maintenance
• Asset Management
• The incorporation of other compatible uses - “Multipurpose facilities”
The purpose of the development of the Strategy and Action Plan was to ensure
that Council has a framework to continuously improve its network of public
amenities, to ensure that they are placed in locations that best meet the
community needs, and that are designed to meet best practice standards in terms
of Design Excellence, Safety, Accessibility, Maintenance, Asset Management and
the incorporation of other compatible uses for multi-purposes facilities.
At its meeting on 21 March 2016, Council resolved that the draft North Sydney
Public Amenities Strategy and Action Plan be publicly exhibited for 28 days for
public comment.
The Community Consultation is now complete and all comments and
recommendations have been included into the final Strategy and Action Plan.
Funds are available from the Capital Works Reserve which has been set aside
from the 2015/2016 financial year budget.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period.
The Guidelines have been considered in the preparation of this report and satisfy
the requirements.
Recommending:
1. THAT Council notes the 2 submissions received on the public exhibition of
the draft North Sydney Public Amenities Strategy and Action Plan.
2. THAT Council adopts the North Sydney Public Amenities Strategy and Action
Plan.
COUNCIL - 14/06/16 OSES (29)
Open Space & Environmental Services Division
38. OSE01: Container Deposit Scheme
Report of Bohdan Stechiwskyj, Waste Management Officer
In February, 2015, as part of its initiatives to reduce the volume of litter in NSW
by 40% by 2020, the state government announced it would implement a
Container Deposit Scheme (CDS) by 1 July, 2017.
After reviewing case studies of schemes which operate in other jurisdictions and
following an extensive stakeholder consultation process, on 8 May, 2016 the
government announced the implementation of a 10 cent CDS effective 1 July,
2017. Under the announced scheme, anyone who returns an empty eligible
beverage container to an approved NSW collection point/depot, including a
reverse vending machine, will be eligible for a 10 cent refund. Eligible beverage
containers must be between 150ml and 3 litres by volume and must display an
approved NSW EPA CDS label. The scheme is targeting away from home
consumption; accordingly, exemptions to the scheme will include wine, milk and
fruit juice containers. The refund under the scheme will be funded and
administered by beverage suppliers who bring the eligible containers into NSW
whilst a scheme coordinator will oversee the scheme‟s delivery.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
39. OSE02: Lease from Rail Corporation New South Wales for
the Wendy Whiteley Secret Garden
Report of Rob Emerson Director Open Space & Environmental Services
Wendy Whitley‟s Secret Garden in Lavender Bay is a very much loved and
beautiful garden created on unused railway land by local resident Wendy Whiteley
over more than two decades. The transformation of the derelict land to the
wonderful garden that exists today over this time has been incredible to witness
and is an absolute credit to Wendy‟s creativity and commitment
Successful negotiations with Rail Corporation NSW (RailCorp) for the Wendy
Whiteley Secret Garden have concluded with the preparation of a lease between
North Sydney Council and RailCorp that fundamentally provides long term tenure
of the land that the garden exists upon and additional land for the expansion of the
garden over time.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are
not applicable.
Recommending:
COUNCIL - 14/06/16 OSES (30)
1. THAT Council authorises its Official Seal to be affixed to the proposed lease,
under the signature of the Mayor and the General Manager.
2. THAT the Honorable Jillian Skinner MP and Andrew Constance MP be
formally thanked for their assistance in achieving this long term lease that
provides substantial additional security of tenure for the garden.
40. OSE03: Cunningham Pavilion Upgrade Tender 26/2016
Report of Alicja Batorowicz, Landscape Projects Coordinator
The successful tenderer for Cunningham Pavilion Upgrade -contract 26/2016 took
possession of the site on 15 February 2016. During the early stages of the
demolition it became evident that a significant portion of the existing timber
structure was exposed to previous and current termite attack. Poor ground
conditions and high levels of existing ground water were also encountered during
activities leading to the construction of footings and slab for the new building.
Both issues resulted in significant variations to the original contract sum and are
discussed in detail below.
The additional funds required for this project can be sourced from funds allocated
in the 2015/16 and 2016/17 budgets to the upgrade of lighting at Tunks Park
which is now not proceeding.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable as this represents an existing endorsed and funded project identified in
the Community Strategic Plan 2013-2023.
Recommending:
1. THAT Council allocates the required additional funds to the budget for the
upgrade of Cunningham Pavilion at Bon Andrews Oval.
41. OSE04: St Leonards Park Landscape Masterplan - Tender
35/2016
Report of Kate Bambrick-Browne, Landscape Grants Coordinator
Tenders were called and were received until 4pm 31 March 2016 for the
submission of tenders to undertake St Leonards Park Landscape Masterplan.
In order for Councillors to discuss the content of this Commercial in Confidence
report it will be necessary to close the Council meeting to the public.
Funding for this project is included in the adopted 2016/17 budget.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable as the proposed expenditure does not exceed the limits imposed.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
35/2016 for St Leonards Park Landscape Masterplan.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
35/2016 under signature of the Mayor and the General Manager.
COUNCIL - 14/06/16 OSES (31)
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.
42. OSE05: Implementing Recommendations of the North Sydney
Recreation Needs Study 2015
Report of Megan White, Landscape Planner
Council‟s new Recreation Needs Study 2015 (RNS) identifies the current and
future recreation needs of the North Sydney community by assessing existing
supply against demonstrated needs in order to identify shortfalls of provision. The
Study provides Council with a sound basis upon which to plan, organise and
manage the provision and orderly development of sport and recreation facilities in
North Sydney over the next 10 years.
The Study‟s recommendations are presented in the form of goals and key issues,
and an implementation plan sets out priorities for carrying out the various capital
works and planning projects. The RNS‟s findings support many of current
Council recreation initiatives, and reflect general community satisfaction with
Council‟s facilities. This report lists the Study‟s recommendations and details
what action will be taken to implement them. Work on some of the projects
listed in the implementation plan has already commenced; reflecting the fact that
a number of Study findings are consistent with projects already identified in other
planning documents and studies, and listed in Council‟s Delivery Plan.
Outcomes, actions and projects identified in the implementation component of the
RNS will be included in future Council planning frameworks including the
Delivery Program, the Section 94 Plan, relevant Council Plans of Management
and the Open Space Division‟s Capital Works Program. Funding to undertake the
required work can then be allocated accordingly.
Local Government Act 1993: Section 23A Guidelines - Council Decision
Making During Merger Proposal Period
The Guidelines have been considered in the preparation of this report and are not
applicable.
Recommending:
1. THAT the report be received.
43. OSE06: Environment Reference Group - 30 May 2016
Report of David McQuade, Governance Co-Ordinator
This report presents the recommendations of the last meeting of the Environment
Reference Group held on 30 May 2016, for Council endorsement. The minutes are
attached for information.
Recommending:
1. THAT Council prepare a report to rectify pollution traps prioritising traps
according to the findings of the audit conducted by Optimal Stormwater.
2. THAT the report on the Green Events Program be received.
3. THAT the Update on Sustainable Business Programs report be received.
COUNCIL - 14/06/16 OSES (32)
4. THAT Council‟s Water and Energy Management Programs report be received.
5. THAT Council seeks to enhance the Native Havens Program by joining
Macquarie University‟s Habitat Stepping Stones.
6. THAT the Sustainable Procurement Practices report be received.
7. THAT the Participation in Community Recycling Centre (CRC) - Update
report be received.
8. THAT the Fridge Buy Back report be received.
9. THAT Council continues to promote the Fridge Buy Back program.
10. THAT Claire Hanley be thanked for her contribution to the Environment
Reference Group.
11. THAT Council staff be thanked for Berrys Bay works.
12. THAT Council staff be thanked for the Cash for Can scheme.
COUNCIL - 14/06/16 Correspondence (33)
PETITIONS
44. PET01: Continue Speed Bumps - Sutherland Street, Cremorne
Submitting a petition of 25 signatories (representing 58 voters):
Residents of Sutherland Street, Cremorne would like to continue the existing
speed bumps throughout Sutherland Street to normalise traffic and improve
safety.
CORRESPONDENCE
COUNCIL - 14/06/16 NoM (34)
MOTIONS OF WHICH DUE NOTICE
HAS BEEN GIVEN
45. NoM01: Notice of Motion No. 20/16 by Cr Clare - 8/06/16
Re: Initiatives for Technology Innovation
1. THAT a Councillor workshop is held, as soon as practicable, to explore some
initiatives which Council could pursue to encourage innovation in the North
Sydney Area.
2. THAT once the Councillor Workshop is held, a report is provided to Council
on which ideas might be feasible and the associated costings.
Background
North Sydney Council is well placed to implement initiatives that will drive
technology innovation, and which will support North Sydney as an innovation
hub.
For example,
Waverley Council is trialling wifi on Bondi Beach to provide a better
experience for users and also as a means of providing information to users
of the beach on safety etc;
The use of Luxor Wifi Lighting System for public domains; and
The use of 'Big Belly' Solar Compactor bins.
46. NoM02: Notice of Motion No. 21/16 by Crs Baker, Clare and
Morris - 8/06/16
Re: Waverton Peninsula Reserve Trust
1. THAT Council seek to negotiate with RMS and the Department of Lands for
the excision of the foreshore lands on the former BP site from the Berry‟s Bay
marina development site and dedication of that land into the Waverton Peninsula
Reserve Trust in order to ensure public access to the foreshore for future
generations.
47. NoM03: Notice of Motion No. 22/16 by Crs Baker and Beregi -
8/06/16
Re: State Government forced amalgamations
1. THAT Council write to the ICAC seeking advice as to whether the
appointment of persons who acted as Delegates of the Chief Executive of the
COUNCIL - 14/06/16 NoM (35)
Office of Local Government to report on proposed Council mergers to the role of
Administrators of newly proclaimed merged Councils would constitute corrupt
conduct.
48. NoM04: Notice of Motion No. 23/16 by Cr Baker - 8/06/16
Re: Resourcing of Plans of Management and Masterplans for Tunks and
Anderson Parks
1. THAT a report be prepared for Council detailing resourcing required (and
likely timeframes for delivery) by Council‟s City Strategy Division for the
preparation of the Plans of Management and Masterplans for Tunks and Anderson
Parks.
Background
Council recently resolved to undertake Plans of Management and Masterplans for
Tunks and Anderson Parks in response to strong community concern and interest.
Council placed a priority on these projects. To ensure that the projects can be
undertaken and delivered in a timely manner it is important for Council to
consider whether adjustments to resourcing may be required.