Council Chambers
30 November 2017
The 3698th MEETING of COUNCIL will be held at the Council Chambers, North Sydney at
7.00pm on Monday, 4 December 2017. The agenda is as follows.
ADRIAN PANUCCIO
A/GENERAL MANAGER
North Sydney Council is an Open Government Council. The records
of Council are available for public viewing in accordance with this
policy, with the only exception being made for certain confidential
documents such as legal advice, matters required by legislation not to
be divulged, and staff matters.
APOLOGIES/LEAVE OF ABSENCE
ACKNOWLEDGEMENT OF COUNTRY
IDENTIFICATION OF MATTERS BROUGHT FORWARD -
CONFIRMATION OF MINUTES of the previous Meeting
DECLARATIONS OF INTEREST
MATTERS REFERRED TO COUNCILLOR INSPECTIONS
MINUTES OF THE MAYOR
DETERMINATION OF MATTERS BROUGHT FORWARD -
RESCISSION MOTIONS of which due notice has been given
REPORTS from Officers of Council
CORRESPONDENCE to be read, and if necessary ordered upon
MOTIONS of which due notice has been given
QUESTIONS of which due notice has been given
QUESTIONS without notice.
COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR
INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT
Cr StephenBARBOURTUNKS WARD
DIRECTORCommunity &
Library ServicesMr Martin ELLIS
DIRECTOREngineering &
Property ServicesMr Duncan MITCHELL
DIRECTOROpen Space &
Environmental Services
Mr Robert EMERSON
DIRECTORCity Strategy
Mr Joseph HILL
MANAGERS A/CHIEF OPERATING
OFFICERMr Ross
McCREANOR
Cr Zoë BAKERWOLLSTONECRAFT
WARD
COUNCIL OFFICERS
MAYORCr Jilly GIBSON
ACTING DIRECTORCorporate Services
Ms Sandra MOORE
PUBLIC GALLERY
ACTING GENERAL MANAGER
Mr Adrian PANUCCIO
Cr TonyCARR
TUNKS WARD
Cr JessicaKEEN
VICTORIA WARD
Cr KathrynBRODIEVICTORIA
WARD
Cr MaryAnnBEREGI
VICTORIA WARD
Cr Ian MUTTONWOLLSTONECRAFT
WARD
Cr SamuelGUNNING
WOLLSTONECRAFTWARD
Cr AlanyaDRUMMOND
TUNKS WARD
COUNCIL MEETINGS
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COUNCIL MEETINGS
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TO: The Mayor, Jilly Gibson and Councillors Baker, Barbour, Beregi, Brodie, Carr,
Drummond, Gunning, Keen and Mutton.
SUBJECT: 3698th MEETING OF COUNCIL TO BE HELD ON MONDAY,
4 DECEMBER 2017
THAT THE MINUTES of the previous 3697th Council Meeting held on
Monday, 20 November 2017 be taken as read and confirmed.
DECLARATIONS OF INTEREST
MINUTES OF THE MAYOR
COUNCIL – 4/12/17 NoR (2)
RESCISSION MOTIONS OF WHICH
DUE NOTICE HAS BEEN GIVEN
1. NoRM01: Notice of Rescission No 4/17 By Councillors Beregi,
Baker and Carr
THAT the decision of Council at its meeting of 20 November 2017 regarding
MM01: Finally Fix Our Pool:
1. THAT Council supports the development of Option 2 to a detailed design phase.
2. THAT the design development include an upgraded crèche that meets the needs of
parents and carers who wish to keep their children safe while visiting the gym and pool
facilities, and that the design solution takes into account any anticipated increased
demand for the crèche once the overall pool facility is upgraded.
3. THAT while the detailed design is being undertaken, Council staff in conjunction
with the Architects develop a business analysis of the costs and future revenue streams
of the project.
4. THAT the detailed design and business analysis be reported back to Council before
being placed on public exhibition for an extended consultation period.
5. THAT Council consider accessibility in the planning specifically addressing
universal design.
6. THAT Council staff investigate options for allowing pool and gym users access to
Luna Park’s Parking Station, which at present is under-utilised.
7. THAT the Mayor and Deputy Mayor meet with the Member for North Sydney, the
Member for North Shore and the Premier, seeking their assistance in applying for grant
funding for the Pool renewal project.
be rescinded
If successful, we intend to move the following Motion:
1. THAT, in accordance with the commitment made to the community by the
consultants who undertook the community consultation for the redesign of the
NSOP, Council meet with the pool architects to develop a final design which
incorporates:
i) all feedback received during the community consultation period;
any subsequent feedback received during the extended period of hiatus of the
project;
ii) any new feedback from the community resulting from the community's
awareness that Council is now progressing with the redesign of NSOP;
iii) the two new elements proposed on the floor of Council on 20 November
2017 by Crs Drummond and Keen which were not part of the community
consultation.
2. THAT the final design be reported back to Council and included in the
Council meeting Agenda to ensure that the decision is consistent with Council's
long standing commitment to open government and so that the community is
publicity notified that the matter will be considered by Council and therefore
have an opportunity to participate at the Council meeting prior to any decision
being made.
COUNCIL – 4/12/17 NoR (3)
3. THAT the report include the costing and necessary budget needed to progress
the redevelopment of the pool and identify funding sources so that Council and
the community understand the cost prior to making a decision.
4. THAT any unbudgeted costs be reported to Council for approval and new
expenditure relating to the redevelopment of the NSOP be referred to the
Finance Working Group and the budget process for 2018-2019.
COUNCIL – 4/12/17 GMO (4)
REPORTS
General Manager’s Office
2. GMO01: Matters Outstanding
Report of Adrian Panuccio, Acting General Manager
A report on the current status of matters arising from Council resolutions up to
the meeting of 20 November 2017 is presented.
Recommending:
1. THAT the report be received.
3. GMO02: Review of Delegations of Authority
Report of Matthew Pearce, General Counsel
An annual review of the delegations granted to staff in accordance with Section
377 of the Local Government Act 1993 has been undertaken.
Amendments to the Delegations of Authority Manual have been highlighted in
yellow in Attachment 1.
Recommending:
1. THAT the delegations to the Mayor and General Manager as contained in
the Delegations of Authority Manual be granted.
2. THAT the delegations by the General Manager to staff in the Delegations of
Authority Manual be noted.
COUNCIL – 4/12/17 CiS(5)
City Strategy Division
4. CiS01: Precincts Hot Desk – Response to Notice of Motion
Report of Jenny Gleeson, Manager Integrated Planning and Special Projects
In response to Notice of Motion No. 22/17, Council at its meeting of 26 June
2017, resolved the following (Min. No. 194):
1. THAT Council establish a “hot desk” at Council in order to support Precinct
Office Bearers and the Precincts generally.
2. THAT the “hot desk” support include, but not be limited to, a computer,
printing and photocopying facilities and provision of hard copies of current and
draft policy documents.
This motion originated from a request from Hayberry Precinct Committee.
Feasibility of providing a “hot desk” for Precinct office bearer use has been
investigated and an option providing access to the equipment detailed within the
motion is outlined in this report.
Consultation with all active Precinct Committees regarding the recommended
option occurred prior to the preparation of this report and their feedback is
included. In summary, whilst some concerns were raised regarding the need for
such a facility, including that it duplicates services already provided to the
Precinct System, the annual operational funding contribution and whether the
location and accessibility was most suited, there was majority support to trial
the “hot desk” as proposed in this report for a 6-month period.
There are significant costs associated with this initiative of which there are
insufficient funds available in the 2017/18 “precincts support” budget. It is
recommended that if this is to proceed, even for a trial period that, the project
be included in Year 1 (2018/19) of the next Delivery Program. The most
significant estimated cost associated with this initiative is the capital cost of a
photocopier and computer as required by Council’s resolution. It is
recommended that the 6-month trial proceed with the purchase of a black and
white laser printer only, as the purchase cost of a multi-function device is
excessive and leasing is not an option. This is estimated to cost $1,385. Colour
printing can be provided on request by Council staff as outlined in this report.
In addition, the approximate cost of a desktop PC with 24” monitor, keyboard
and mouse is $1,090.45. The approximate cost of software is $638. Other costs
not yet known can be identified during preparation of the next Delivery Program
and financial estimates.
Funding for the project will be considered during the preparation of the 2018/19
budget.
Recommending:
1. THAT given the feedback from Precinct Committees, that the Precincts Hot
Desk be trialled for 6 months in 2018/19 and that the project be included in the
next Delivery Program, (commencement date pending availability of required
resources from external suppliers).
COUNCIL – 4/12/17 CiS(6)
5. CiS02: Response to Notice of Motion - Parking
Infringement Review Committee with Community
Representation
Report of Mark Richardson, Manager Ranger and Parking Services
At its meeting of 26 June 2017, Council considered Notice of Motion No. 21/17
regarding Parking Infringement Review Committee and resolved:
THAT a report be prepared and provided to the next Council meeting in relation
to Council establishing a Parking Infringement Review Committee and that the
report includes consideration of community representatives on such a
Committee.
This report outlines the research undertaken into Council establishing a Parking
Infringement Review Panel. It also seeks to respond to and address the issues
expressed in the document tabled at the meeting when the matter was being
considered.
Council is currently a premium client of the State Debt Recovery Office
(SDRO) and the services provided as a holder of that status will be removed if
a Panel is established. Council would then become a basic client and required
to bear the costs of providing and delivering those services. There are
significant implications for such a change and they are outlined in this report.
Notably, the New South Wales Ombudsman has recommended that there should
be one avenue of review for the Council issued fines and there should be a
consistent approach to all considerations across the entire state. The
establishment of a local level infringement review panel is not consistent with
the NSW Ombudsman recommendations.
An additional cost to Council is in the order of between $890,000 to $1,040,000
per annum would be incurred should an Infringement Review Panel be
implemented.
Recommending:
1. THAT Council not proceed with the establishment of a Parking Infringement
Review Panel on the basis that:
a) Such a panel is contrary to the position expressed by the NSW Ombudsman
as it would lead to inconsistent decisions across various jurisdictions;
b) the additional costs arising from administering the infringements as a basic
client are significant if not prohibitive;
c) the apprehended bias perceived or otherwise would be unavoidable;
d) the risk of reputational damage to North Sydney Council by decisions with
the potential to be perceived to be corrupt;
e) the existing situation, with the State Debt Recovery Office providing the
independent and consistent decision making, is an efficient and impartial way
of dealing with infringement representations.
6. CiS03: Draft Regional Plan for Sydney and North District
Plan
Report of Marcelo Occhiuzzi, Manager Strategic Planning
The Greater Sydney Commission (GSC) is an independent planning agency that
was established in 2015 and reports to the NSW Minister for Planning. It is
COUNCIL – 4/12/17 CiS(7)
charged with heading and coordinating metropolitan planning for the Greater
Sydney Region.
In November 2016, the GSC prepared six (6) draft District Plans including the
draft North District Plan which applied to North Sydney. This was prepared in
the context of A Plan for Growing Sydney which was prepared by the
Department of Planning and Environment in 2015.
The GSC has now released A Metropolis of Three Cities (“the Regional Plan”)
which will replace A Plan for Growing Sydney. The new draft Regional Plan is
accompanied by the update of the draft North District Plan. The Regional Plan
provides for a planning framework to accommodate an anticipated additional
725,000 dwellings, 1.7 million people and 817,000 new jobs by 2036. Both
these documents are in draft form and the Commission is seeking feedback until
15 December 2017.
Council previously made a submission to the initial draft version of the North
District Plan and the main points are summarised in Attachment 1, including,
how the updated version addresses the previous issues raised. In general terms,
both the Regional Plan and North District Plan, represent an improvement on
the previous plans released for consultation. The North District Plan is more
concise and better structured, is shorter and has been reduced in complexity. It
is more clearly and logically set out and aligns with the ten planning directions
as identified in the Regional Plan. Much of what was previously considered
superfluous to a planning document, has either been deleted or moved to the
Regional Plan which has wider application to the Sydney Metropolitan Area.
The plans have their strengths including a firm target on affordable housing for
larger projects, clearer statements on the value of local planning and they
provide a focus and avenue for all agencies, including councils, to integrate their
planning and development efforts through a clearer planning framework.
It is encouraging that the first “direction” identified by the Regional Plan is
“planning for a city supported by infrastructure”. The increasingly rapid growth
of Sydney’s population has attracted widespread concern about population
growth not being accommodated by commensurate improvements and
provision of the necessary infrastructure. Whilst the Plans clearly recognise
this, it will be the implementation of the plan, in particular the alignment of
forecast growth with infrastructure, which will be a significant measure of the
Plans’ success.
Whilst the plans have their strengths, there are issues of concern that are worth
raising. The transport planning aspects of the plans could be strengthened.
Given the very significant and sustained growth of Sydney’s population, a step-
change in the way that people and freight move around the city, is required.
Accessible, sustainable transport options that actually contribute to liveability,
productivity and sustainability are required for Sydney. Whilst the Metro
initiative that will connect the north-west sector to the south-west Sydney is
strongly supported, this type of investment will become increasingly critical if
Sydney is to remain a highly liveable and successful city.
Unfortunately, the draft North District Plan, has not provided housing targets
beyond five years. North Sydney’s 5 year dwelling target has remained at 3,000
dwelling and this reflects the existing development pipeline. It is the GSC’s
expectation that local housing strategies and associated amendments to planning
controls will be finalised by councils within three years. Given the timeframes
involved in preparing residential strategies that are characterised by
COUNCIL – 4/12/17 CiS(8)
comprehensive community consultation as well as the follow up amendments
to LEPs, the three-year target to give this initiative effect, appears to be
ambitious.
It should also be noted that the NSW Government’s draft Future Transport
Strategy has also been released for public comment. A separate report has been
prepared responding to this document. There is clearly a strong relationship
between these suite of documents, however, for simplicity and brevity, this is
being reported separately.
Recommending:
1. THAT Council make a submission to the Greater Sydney Commission’s draft
documents, A Metropolis of Three Cities and North District Plan, consistent
with the discussion contained in this report.
7. CiS04: Response to the Draft Future Transport Strategy
Report of Nigel Turner, Strategic Transport Planner
In October 2017, TfNSW released its Draft Future Transport Strategy 2056 for
consultation. The Draft Future Transport Strategy is described as an “update”
to the Long Term Transport Masterplan, 2012 developed to support the land
use aspirations of the Greater Sydney Commission’s Draft Regional Plan: A
Metropolis of Three Cities. A separate report has been prepared that responds
to the Draft Regional Plan and the North District Plan.
On-line Draft Future Transport Strategy resources are available at:
https://future.transport.nsw.gov.au/react-feedback/future-transport-strategy-
2056/
A printable version the Draft Future Transport Strategy is available at:
https://future.transport.nsw.gov.au/wp-content/uploads/2017/plans/Future-
Transport-Strategy-2056.pdf
The following issues are considered in this report:
the legibility and consistency of the Regional Plan, District Plan, Future
Transport Strategy and Greater Sydney Services and Infrastructure Plan
land use and transport planning framework;
how existing transport networks have been considered in the development
of the Draft Regional Plan and Draft Future Transport Strategy;
the clarity of the Draft Future Transport Strategy “Vision”;
the identification of objectives and targets to help deliver the Draft Future
Transport Strategy’s “Vision”;
the assessment of projects, trends, and technologies against the Draft Future
Transport Strategy “Vision”;
a rational and consistent action plan to efficiently deliver the Draft Future
Transport Strategy “Vision”; and
processes for the ongoing assessment of the action plan over the 20 to 40-
year life of the Draft Future Transport Strategy.
In addition, while the aspirations of the Draft Future Transport Strategy
partially reflect the objectives of the North Sydney Transport Strategy, it does
not address many of the potential impacts of the strategy on NSW communities.
Further analysis of the compatibility of the Draft Future Transport Strategy
with the North Sydney Transport Strategy is provided in this report.
This assessment concludes that the draft strategy does not deliver:
COUNCIL – 4/12/17 CiS(9)
a clear “Vision” for land use and transport planning in NSW;
consistency with other layers of the NSW land use and transport planning
framework;
it “reacts to” rather than “collaborates with” the Greater Sydney
Commission’s Regional Plan;
it fails to address key impacts of transport planning; and
it does not identify timelines or processes for monitoring the success of the
strategy.
These outputs are all critical to ensuring effective transport planning and
management for NSW in an era of unprecedented technological, economic,
social and demographic change. Furthermore, any strategy based on a
“predict and provide” approach to land use and transport planning is
destined to replicate and reinforce mistakes of the past. A progressive
approach that focuses on a clear, vision-led strategy based on strategic
principals rather than transport-specific outcomes is preferred.
Recommending:
1. THAT Council make a submission to Transport for New South Wales’ draft
document, Draft Future Transport Strategy 2056, consistent with the discussion
contained in this report.
8. CiS05: Submission to the Department of Planning and
Environment regarding the Western Harbour Tunnel Beaches
Link (WHTBL)
Report of Gavin McConnell, Executive Planner Metro
This report has been prepared to advise Councillors of a preliminary submission
made to the Department of Planning in respect of the Western Harbour Tunnel
Beaches Link. The RMS has applied to the Department of Planning to classify
the project as State Significant Infrastructure (SSI). This would then lead to the
preparation of an Environmental Impact Statement (EIS) and subsequent
determination as to whether the project would proceed. The submission has
been made on the basis of a Scoping Report prepared by RMS as well as draft
Secretaries Environmental Assessment Requirements (SEARs). Due to time
limits imposed by the Department of Planning (DPE), Council endorsement was
not able to be sought prior to forwarding the submission to DPE and it is now
referred to Council for endorsement and submission to the Department.
The submission at Attachment 1 is a far ranging one that includes reference to
a spectrum of issues that should be addressed in any future environmental
impact assessment. This includes justification for the project, environmental
impacts such as emissions, impact on north Sydney’s local road network,
impacts upon open space, vegetation, heritage and marine environments.
Recommending:
1. THAT Council endorse the submission attached to this report.
9. CiS06: B-Line Update – Proposal to Convert T3 Lanes to
Bus Lanes
Report of Nigel Turner, Strategic Transport Planner
COUNCIL – 4/12/17 CiS(10)
On 21 November 2017, Council received a letter and drawings from Transport
for NSW (TfNSW) detailing proposed changes to Military Road T3 Lanes that
are proposed to facilitate the B-Line bus program. These changes relate to the
“conversion of the existing AM T3 Lane to an AM Bus Lane” on Military Road
(letter and drawings at Attachments 1 and 2).
Although the letter notes that conversion of the T3 lanes is expected to “improve
bus reliability” and “reduce bus travel times” of the B-Line service, whether
and to what extent these outcomes will be achieved and how this will affect
mode shift, traffic reduction and the value for money objectives of the project,
has not been quantified and is therefore difficult to assess.
The Transport for NSW letter does not quantify the benefits of the proposal but
instead notes that:
RMS is in the process of finalising a detailed traffic impact assessment that will
assess:
travel times for all modes of transport during the AM peak as a result of the
T3 Lane conversion;
assess the impact of the conversion on delays at existing signalised
intersections along the routes.
While this traffic impact assessment should be completed before incorporating
changes into the B-Line project, consideration must also be given to the social,
health and economic impact of proposed changes on Military Road
communities.
The B-Line letter also notes that, “…conversion of the T3 Lane to a Bus Lane
will likely result in delays to road users wishing to enter the main road
network...from local roads” and “It is possible that road users may seek
alternative routes… …potentially leading to increased usage of the local road
network.” While neither increased delays for residents joining Military Road or
increased rat-running is desirable, it is suggested that a more holistic assessment
of the impact of improved bus passenger travel times on mode shift and through-
traffic demand could show that road space and phase time re-allocation to other
mode groups can be achieved without negatively impacting bus passenger travel
times.
There also appears to be some confusion within the letter/drawings regarding
whether T3 Lanes will be converted to “Bus Lanes” or to “Bus Only Lanes”.
While the letter and sign drawings are for “Bus Lanes”, drawing notations (key
and road markings) indicate the introduction of “Bus Only Lanes”. Introduction
of “Bus Only Lanes” would have significant negative impacts on Military Road
including: an effective ban of cycling on Military Road, a ban on taxi/hire
vehicle pick-up/drop-offs and increased confusion between buses and drivers
turning directly from general traffic lanes across bus only lanes.
Recommending:
1. THAT Council endorse a submission to TfNSW’s B-Line Team regarding
the conversion of the existing AM T3 Lanes to an AM Bus Lane along the lines
of commentary provided in this report.
10. CiS07: Planning Proposal – 100 Christie Street,
St Leonards
Report of Scott Williamson, Senior Strategic Planner -Urban Design
COUNCIL – 4/12/17 CiS(11)
On 21 December 2016, Council received a Planning Proposal and draft
Voluntary Planning Agreement (VPA) relating to the site at 100 Christie Street,
St Leonards. The site is located within the area investigated under the St
Leonards / Crows Nest Planning Study - Precinct 2 and 3, adopted by Council
on 18 May 2015. The site also exists within the more concise area identified by
the Christie Street Masterplan, a vision for which was adopted on 16 May 2016.
The subject site contains a 12 storey commercial building of brutalist design,
with frontages to Christie Street and Sergeants Lane. Also contained within the
site is the Christie Street Reserve, a public park that Council leases from the
owner of 100 Christie Street.
The function of a planning proposal is to amend the planning controls of
Council’s LEP, while a VPA provides a legal requirement to deliver public
benefit. The subject Planning Proposal seeks to amend the planning controls to
allow a building envelope with maximum height of 132 metres (36 stories) and
a floor space ratio of 18:1. It also seeks to allow part of this envelope to extend
beneath the southern half of Christie Street Reserve, to accommodate a future
basement. The proposal is inclusive of an adjustment to the boundary of the
Reserve to form a functional east-west boundary line. The irregular shape of the
Reserve will change as a result, however the 1071 square metre size of the
Reserve will be maintained.
The associated draft VPA proposes to make monetary and in-kind contributions
to community infrastructure in the precinct. These contributions have been
independently assessed as having a market value of $17.5 million. Contributions
include the transfer of ownership in stratum title to Council and landscape
upgrade of Christie Street Reserve. Also included is the streetscape upgrade of
Sergeants Lane and Chandos Street, adjacent to the site. Additionally, two
whole floors of commercial space within a future building will be dedicated to
Council, for the purpose of a co-working space. For the purpose of a future bike
hub in the area, $100,000 will also be contributed to Council.
The Planning Proposal and draft VPA have been assessed against the
implementation recommendations contained within the St Leonards / Crows
Nest Planning Study - Precinct 2 and 3, as well as the outcomes envisaged under
the Christie Street Masterplan Guidelines.
The form and massing of the proposal has been designed to respond to the
objectives and design requirements set out in the Christie Street Masterplan
Guidelines. The proposal presents an acceptable realisation of that envisaged by
the Masterplan’s ‘Concept Option 1’. In doing so, the envelope minimises the
potential for additional foreseeable environmental impacts. The scheme seeks
to achieve a balance of consistency with the detail of ‘Concept Option 1’ with
commercial viability. Of note is the ability to provide adequate separation to the
Forum building, located to the west, which is generally provided between 18
and 24 metres.
The Planning Proposal presents a good opportunity for Council to realise the
objectives of the community endorsed outcomes of the St Leonards/Crows Nest
Planning Study for Precinct 2 and 3 and the Christie Street Masterplan
Guidelines, along with the associated public benefits defined in each. Notable
is the ability to see significant improvement in pedestrian safety and amenity on
the heavily trafficked Sergeants Lane, for those using St Leonards Station.
The draft VPA has been reviewed by Council’s lawyers and a number of issues
have been identified that require resolution. These issues relate to legal drafting
COUNCIL – 4/12/17 CiS(12)
associated with certainty of outcome, security of payment, timing of delivery of
contributions and enforcement of the agreement. Assuming satisfactory
resolution of these issues, the Planning Proposal and draft VPA are considered
to implement the Masterplan’s placemaking, employment, access and built form
requirements to the fullest extent practicable.
This report recommends Council seeks a Gateway Determination from the
Department of Planning and Environment. This should occur only once the
Acting General Manager is satisfied that the issues with the draft VPA, as
identified by Council’s lawyers, have been adequately resolved.
The Planning Proposal and draft VPA should then be exhibited concurrently, so
as to allow the community a full appreciation of what is being proposed. Council
will have the opportunity to execute the draft VPA when the post-exhibition
report is reported to Council.
The Planning Proposal is accompanied by a draft Voluntary Planning
Agreement that proposes to provide various monetary and in kind contributions
to Council. The contributions include:
Two whole floors of the commercial podium space, representing some 2,010
square metres of office space, dedicated to Council in perpetuity, with
“warm shell” fitout;
Dedication of the Christie Street Reserve to Council in perpetuity (the
reserve is currently leased by Council);
Full upgrade of Christie Street Reserve to Council’s specifications;
Upgrade of the Sergeants Lane and Chandos Street streetscapes; and
Monetary contribution of $100,000 to Council for the purpose of a bike hub
in the area.
The total value of the proposed contributions has been independently assessed
as having a market value in the order of $17.5 million to Council.
Recommending:
1. THAT upon satisfactory negotiation of issues with the draft VPA as
identified by Council’s lawyers, the General Manager be given the authority to
forward the attached 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, as endorsed by
the General Manager as outlined in Recommendation No.1, be exhibited
concurrently with the subject Planning Proposal conditioned on it receiving a
Gateway Determination.
11. CiS08: Ward Street Precinct Masterplan – Tender No.
15/2018
Report of Scott Williamson, Senior Strategic Planner, Urban Design
Tenders for a design and financial consultant team to contribute to the next
phase of the Ward Street Precinct Masterplan were called for on 17 October
2017. Tenders were received until 4pm on 14 November 2017.
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 has been included in the adopted 2016/2017 budget and
a budget has been allocated for this project for 2017/18.
COUNCIL – 4/12/17 CiS(13)
Recommending:
1. THAT Council rejects all offers for Tender 15/2018 for consultant input to
Stage 2 of the Ward Street Precinct Masterplan.
2. THAT Council not call for fresh tenders to be submitted.
3. THAT Council resolves to enter into direction negotiation with tenderers and
other suitable consultants for the preparation of the Ward Street Precinct
Masterplan.
4. THAT authority be delegated to the General Manager to negotiate with
suitably qualified consultants and enter into a contract for the preparation of the
Ward Street Precinct Masterplan.
5. THAT the attached Tender Evaluation memorandum to the subject report
remain confidential in accordance with section 10A(2)(d) of the Local
Government Act 1993.
COUNCIL – 4/12/17 CLS (14)
Community & Library Services Division
12. CLS01: Donation of a Public Art Work
Report of Martin Ellis, Director Community and Library Services
Council has received an offer by its owner to donate Piper’s Rill, a Robert
Woodward water sculpture; the artist’s work being known to Council through
his water fountains in Brett Whiteley Place. The offer is strongly supported by
the family of the artist who have independently looked at several sites in North
Sydney for suitability. Piper’s Rill is Robert Woodward’s last work, a quiet,
reflective, in-ground water sculpture edged by a bamboo grove, very different
to the work already owned by Council. It is located on private property.
Council has expressed an interest in acquiring the work and is investigating
suitable sites. Following Council’s resolution on 20 November 2017, contact
has been initiated with both the owner and the family representative of artist,
thanking the owner for his offer and the artist’s daughter, Ms Van Hagen, for
her involvement. However, no information beyond the original offer has been
received to date.
While it is understood the owner intended the work be gifted to Council, there
is no information at present on the cost of relocation (including interim storage)
and recommissioning.
Recommending:
1. THAT the report be received.
2. THAT input from Council’s Public Art or Playgrounds Consultants be sought
to review the extent to which Council’s pocket parks or playgrounds may be
suitable sites for a relocated Piper’s Rill.
COUNCIL – 4/12/17 CoS (15)
Corporate Services Division
13. CoS01: Audit and Risk Committee Minutes – 17 November
2017
Report of Melissa Dunlop, Governance Co-ordinator
This report presents the recommendations of the last meeting of the Audit and
Risk Committee held on 17 November 2017 for Council adoption. The Minutes
are attached for information.
Recommending:
1. THAT the Minutes of the Audit and Risk Committee meeting held on
17 November 2017 be received.
14. CoS02: Councillor Workshop - Finance: Actions Rising –
17 October and 14 November 2017
Report of Garry Ross, Financial Services Manager
This report presents the actions arising from the Workshops held on 17 October
and 14 November 2017. Actions arising will be addressed at the next Workshop.
Recommending: 1. THAT the summary of actions arising from the Councillor Workshop -
Finance held on 17 October and 14 November 2017 be noted.
15. CoS03: Investments and Loan Borrowings Held as at
31 October 2017
Report of Garry Ross, Manager Financial Services
This report provides details of the performance of Council’s investment
portfolio and borrowing limits for the period ending 31 October 2017.
Investment Portfolio:
The portfolio provided an annualised return of 3.43% for the year to date as at
31 October 2017, 1.71% above the reportable benchmark (BBSW Bank Bill
Index). Interest returns remain consistently above the benchmark. This was
attributed to additional funds being made available for investment and prudent
selection and allocation of these funds to the financial institutions which make
up the investment portfolio.
Borrowing Limits:
Council has commenced a $30 million debt facility and as at the reporting date,
has drawn down $9.5 million for capital works projects. Council continues to
monitor interest rate risk whenever it borrows, regardless of whether the interest
rates are fixed or variable.
Any surplus funds generated in excess of adopted estimates will be transferred
to Council’s internally restricted reserves.
Investments and Loan borrowings funding comply with Council’s Financial
Management Policy.
Recommending:
1. THAT the report be received.
COUNCIL – 4/12/17 CoS (16)
16. CoS04: Management of 2017 New Year’s Eve in North
Sydney
Report of Justin Sheining, Acting Manager Communications & Events
This report provides a general overview of plans and key changes to the
management of NYE in North Sydney.
Additional physical safety measures have been requested by NSW Police. These
will be funded through savings in the existing event budget.
Recommending:
1. THAT the report be received.
17. CoS05: Local Government Remuneration Tribunal
Submission 2018
Report of Sandra Moore, A/Director Corporate Services Council resolved at its meeting held on the 24 July 2017:
1. THAT Council writes to the Minister for Local Government asking her to
direct the Remuneration Tribunal to make a special determination reclassifying
North Sydney Council as a major CBD, in the light of the State Government’s
own statements that North Sydney plays a key role in both the State’s economy
and cultural events.
2. THAT Council makes a submission to the Local Government Remuneration
Tribunal for its 2018 annual review, requesting the reclassification of North
Sydney Council as a major CBD.
3. THAT Council in its correspondence with the Local Government
Remuneration Tribunal specifically states that if the reclassification is
successful, Council is not seeking an increase in the stipend for Councillors and
the Mayor.
4. THAT Council be kept informed of any correspondence from the
Remuneration Tribunal and Minister for Local Government regarding our
classification and any upcoming reviews for that classification.
The attached submission relates to resolution 2 above and provides a strong case
requesting North Sydney Council’s re-classification.
As the Council has resolved not to increase fees, there are no financial
implications.
Recommending:
1. THAT Council endorses the attached submission to the Local Government
Remuneration Tribunal.
COUNCIL – 4/12/17 EPS (17)
Engineering & Property Services Division
18. EPS01: Draft Traffic and Parking Area Scheme (TAPAS)
Action Plans - Post Exhibition
Report of Michaela Kemp, Manager Traffic and Transport Operations and
Gemma North, Community Engagement Coordinator
This report provides an overview of the engagement findings for the Phase 2
Transport and Parking Consultation recently completed. It details the
engagement process, including the promotion and awareness activities
undertaken, the feedback mechanisms used, the level of community
participation in the process and the collated outcomes in response to the public
exhibition of the Traffic and Parking Area Scheme (TAPAS) Action Plans.
Extensive community consultation took place in 2016 as part of Phase 1 of the
project. The findings were reported to Council on 18 July 2016 (Min. No. 247)
whereby Council resolved that TAPAS Action Plans be prepared.
The findings were used to inform the preparation of an Action Plan for each of
the seven TAPAS Zones. This involved undertaking a detailed technical review
in each TAPAS Zone including locations of public transport nodes, traffic count
and crash data, recent development approvals, and state government projects. A
technical assessment of the Phase 1 findings was also undertaken.
On 26 June 2017 Council resolved (Min. No. 214) to place the Draft Action
Plans on exhibition for a minimum of 60 days. The exhibition period
commenced 3 August and concluded 23 October 2017. Promotion of the
opportunity to have a say occurred as detailed in this report. Council received
45 submissions.
The related financial implications include cost of implementing each of the
projects within the action plan over the short (1-2 years), medium (2-5 years)
and long-term (5-10) years. Some projects may also be eligible for State and
Federal Government Grants including Black Spot and Active Transport
Programs. The Action Plans will be used to inform forward planning for Council
budgets and grant funding applications.
The funding of these projects will need to be considered and prioritised in the
upcoming preparation of Council’s Delivery Program for 2018/19 to 2020/21.
Funding sources will need to be identified and reviewed, along with all other
projects. The projects will also require consideration in the preparation of the
Long Term Financial Plan, Asset Management Plan and the Resourcing
Strategy.
Recommending:
1. THAT Council adopt the final Traffic and Parking Area Scheme (TAPAS)
Action Plans for TAPAS Zones 1 to 7 and the Action Plans be published on
Council’s website, subject to title changes being made throughout the
documents.
2. THAT the title of the TAPAS Action Plans be changed to Local Area Traffic
Management (LATM) Action Plan and list the respective suburbs on the cover
pages for each LATM.
3. THAT Council note Attachment No. 3 – the summary of amendments to each
Action Plan made after Phase 2 community engagement
COUNCIL – 4/12/17 EPS (18)
4. THAT the associated costs of implementing the Action Plans be considered
in preparation of the Delivery Program for 2018/19 to 2020/21.
19. EPS02: Traffic Committee - Minutes 24 November 2017
Report of Michaela Kemp, Manager Traffic and Transport Operations
This report presents the recommendations of the last meeting of the Traffic
Committee held on 24 Novem017 for Council adoption. The Minutes are
attached for information.
Nil.
Recommending:
1. THAT Council survey the residents of Spruson Street, Holdsworth Street and
the broader area with regard to the introduction of parking restrictions. The
survey should include options for preference of 2-hour or 4-hour parking; and
question how many off-street parking spaces are allocated to the property, and
the total number of vehicles used by the property. The results of the survey to
be reported back to the Traffic Committee in the New Year. (4.2.2)
2. THAT Council review the parking layout in Spruson Street to provide better
access for buses with no net loss of parking spaces. Investigation to include
possible relocation of parking spaces and/or linemarking of parking lanes.
(4.2.2)
3. THAT Council urgently re-establish a raised crossing in Anzac Avenue,
Cammeray and in doing so Council’s Manager Traffic and Transport Operations
liaise with Grant Kepler in regards to the bollards being installed. The new
crossing is to be installed before the start of the 2018 school year. (4.3.1)
4. THAT the information concerning standing items for the Traffic Committee
be received. (5.4)
5. THAT the information regarding Delegated Authority items be received.
(4.1)
6. THAT the information concerning children being dropped off at the
Cammeray Oval for the after school sport be received. (4.2.1)
7. THAT Council continues to monitor traffic and parking situation in Park
Avenue during after school sports activities at Cammeray Oval. (4.2.1)
8. THAT 30m of kerb space on the southern side of Rangers Road east of
Allister Street be converted to “No Stopping 8:00am to 9:30am, and 2:30pm-
4:30pm School days”. (4.3.2)
9. THAT Council notify properties in Rangers Road prior to implementing the
parking changes. (4.3.2)
10. THAT the information on Car Share membership and usage be received.
(4.5)
11. THAT the recommendations relating to the installation of new car share
spaces be adopted. (4.4)
12. THAT the information concerning the Abandoned Vehicles Processed
Report be received. (5.1)
13. THAT the information concerning the Unattended Boat Trailers Processed
Report be received. (5.2)
14. THAT the information concerning Sydney Metro City & South-West
Construction Update be received. (5.3)
COUNCIL – 4/12/17 EPS (19)
15. THAT the proposed North Sydney Traffic Committee meeting dates for
2018 be adopted. (5.5)
16. THAT Council authorise the Manager, Traffic and Transport Operations to
vote on behalf of Council in the event that an urgent traffic issue arises over the
holiday break, noting that a delegation facsimile would be sent to the NSW
Police, Roads & Maritime Services and the local State Member for approval
and a report on the issue arising would also be referred to the first Traffic
Committee meeting of the New Year. (5.6)
17. THAT a Shared Zone scheme to formalise footpath parking in Shellcove
Road between Hollowforth Avenue and Billong Street be implemented as part
of Council’s Traffic and Parking Area Scheme (TAPAS) subject to RMS
approval. (7.1)
18. THAT Council does not erect “No Parking” signs in Shellcove Road and
that Council continue to monitor and enforce the Road Rules as required. (7.1)
19. THAT the existing unrestricted parking on the western side of Shellcove
Road between Hollowforth Avenue and Billong Street be converted to “2 Hour
Parking 8.30am - 6pm Monday to Friday, Permit Holders Excepted Area 32”.
(7.1)
20. EPS03: Sustainable Transport Reference Group - Minutes
13 November 2017
Report of Michaela Kemp, Manager Traffic & Transport Operations
This report presents the recommendations of the last meeting of the Sustainable
Transport Reference Group held on 13 November 2017 for Council
endorsement. The Minutes are attached for information.
Nil.
Recommending: 1. THAT the information on current Sustainable Transport Projects be received.
2. THAT the Mayor write to the Premier strongly objecting to the B- Line
Project as being unsustainable.
3. THAT the Sustainable Transport Reference Group recommend that Council
write to the Minister for Transport to call for a 3-month moratorium on the B-
Line works in the North Sydney Local Government Area in order to collect
traffic and safety data to inform the future gains.
4. THAT the Sustainable Transport Reference Group call again on the State
Government to undertake a holistic traffic and transport plan for both the north
shore and the northern beaches, which includes consideration of the additional
densities which are a planned approach.
5. THAT this Reference group in light of the release of the scoping study on
the Western Harbour Tunnel and Beaches Link, express its strong concerns in
relation to the impact and scale of the proposed infrastructure works and request
that further investigation of other public transport options, in particular rail, be
undertaken. Concerns from this Group include pollution, loss of tree canopy,
safety, increased traffic on local roads, loss of amenity, air pollution, effect on
our urban corridor including cycle ways and other sustainable transport.
6. THAT Council write to the State Government to request that an automatic
pedestrian phase be incorporated into all Traffic Control Signals removing the
need for ‘call buttons’.
COUNCIL – 4/12/17 OSES (20)
Open Space & Environmental Services Division
21. OSE01: Environment Reference Group 13 November 2017
Report of Peita Rose, Governance Officer
This report presents the recommendations of the last meeting of the
Environment Reference Group held on 13 November 2017, for Council
endorsement. The Minutes are attached for information.
Recommending:
1. THAT the report on the Compost Revolution be received.
2. THAT the report on Waste and Resource Recovery be received.
3. THAT Council look into the feasibility of introducing mattress collection
and/or acceptance of mattresses at the community recycling centre in Artarmon.
4. THAT the report on Community Engagement for the Waste and Recycling
Collection Tender be noted.
5. THAT the report on the activities at the Coal Loader Centre for Sustainability
be noted.
6. THAT the report on the Green Events Program be received.
7. THAT the report on Council’s Water and Energy Management Programs is
noted.
22. OSE02: Professional Swimming Coaching Rights, North
Sydney Olympic Pool – Tender No. 7/2018
Report of Norman Boyle, Manager North Sydney Olympic Pool
The current contract for the professional swimming coaching rights concludes
on 31 December 2017.
Consequently, a new tender (7/2018) for these rights was offered and advertised
from 29 August to 26 September 2017.
This report seeks Council’s acceptance of the tender of the highest ranked
Tenderer for Contract No. 7/2018.
In order for Council to discuss the content of this Commercial in Confidence
report it will be necessary to close the Council meeting to the public.
Council considered this matter at its meeting on 20 November 2017 and
resolved:
1. THAT the Item be deferred to the next Council meeting on 4 December 2017.
Income generated from the Professional Swimming Coaching Rights is
included in the resolved 2017/18 budget.
Recommending:
1. THAT Council accept the tender from the highest ranked Tenderer for
Tender 7/2018 for the Professional Swimming Coaching Rights, North Sydney
Olympic Pool.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
7/2018 under the signature of the Mayor and the General Manager.
3. THAT information relating to the successful tender be published in Council’s
Register of Contracts as required by Government Information (Public Access)
Act 2009 - Part 3 Division 5 - Government Contracts With Private Sector.
COUNCIL – 4/12/17 Correspondence (21)
PETITIONS
CORRESPONDENCE
23. C01: Sydney Coastal Councils Group Minutes from the Annual
General Meeting – 28 October 2017
Submitted for consideration is the Minutes of the Sydney Coastal Councils
Group’s Annual General Meeting, held on 28 October 2017 at North Sydney
Council.
COUNCIL – 4/12/17 NoM (22)
MOTIONS OF WHICH DUE NOTICE
HAS BEEN GIVEN
24. NoM01: Notice of Motion No. 53/17 by Cr Drummond –
29/11/17
Re: Recycling of Soft Plastics and Organics Waste
1. THAT consideration of the collection and recycling of soft plastics and
organics waste be included in any upcoming community consultation relating
to North Sydney Council's waste disposal and processing.
2. THAT indication of cost and logistics for the collection and recycling of soft
plastics and organics waste be requested from tenderers in any contractual
renewals relating to waste disposal and processing services.
Background
In early 2018, North Sydney Council will begin community consultation
regarding the disposal/processing and collection of waste in our municipality,
in preparation for the tender process for any waste contracts that expire in June
2019.
This presents an ideal time for Council to improve on the environmental
sustainability of our waste collection. Our current program is highly regarded
and is to be applauded, yet there are two opportunities to progress towards an
even more advanced service: the collection and recycling of soft plastics and
organic waste.
Soft plastics, particularly littered plastic bags, cause serious damage to wildlife,
livestock and natural habitats. Incorrect disposal of soft plastics can also
increase the cost of recycling to our communities as bags get caught in the
sorting machinery at recycling centres causing breakdowns and delays. The
systems are available to adequately recycle soft plastics (see REDcycle), and
collection points are already available at supermarkets across Australia. The
potential for soft plastics to be collected at a wider number of collection points
across North Sydney, or even potentially curbside, would hold substantial
benefits to our natural environment.
Organic waste recycling (ie food scraps) reduces greenhouse emissions and can
substantially limit the amount of waste sent to landfill. Whilst household
composting is important, it is not always feasible for those living in apartments
or without adequate garden space. Curbside organics collection is already
offered by multiple other Councils in Sydney, demonstrating its viability and
community benefits. For example, Woollahra Council has a 'Kitchen to
Compost' service where food scraps are placed in green bins with other garden
refuse. As North Sydney Council already offers a fortnightly collection of green
waste, there is an obvious opportunity for the integration of food scraps.
COUNCIL – 4/12/17 NoM (23)
There are potential cost considerations for any refinement of North Sydney
Council's waste collection program, and the upcoming consultation and tender
processes provide an obvious opportunity for a cost/benefit analysis.
25. NoM02: Notice of Motion No. 54/17 by Cr Beregi – 29/11/17
Re: “Dog Poo Fairy Campaign” with Mosman Council
1. THAT Council join Mosman Council in the award winning “There is no such
thing as the Poo Fairy” Campaign.
2. THAT Council identify additional locations for waste bags and bins and
install where appropriate.
3. THAT Council conduct an information campaign for dog owners, park users
and dog walking businesses in relation to their responsibilities when in public
areas with their dogs, including on footpaths and off-leash parks.
Background
In 2015, Mosman Council launched a campaign with a touch of humour
designed to make dog owners more responsible for their dog’s behaviour. The
campaign was extremely successful but with all campaigns, they need to be re-
launched to keep the issue top of mind.
The campaign, “There’s no such thing as the Dog Poo Fairy” scooped a major
Local Government award. The award acknowledged the efforts of the council
to communicate with their residents. The Local Government Awards are the
highest accolades a NSW council could receive for achievements
in communication. Whilst having a serious message, the campaign was
humorous and attracted attention.
Given the increasing demand and usage of our public open spaces, it is both
timely and appropriate to remind dog owners that they must always clean up
after dogs in their care and must always have effective control of their animals
at off-leash parks.
http://www.theleader.com.au/story/3264700/no-such-thing-as-the-dog-poo-
fairy-it-won-one-council-a-prize/
http://mosman.nsw.gov.au/residents/Pets/dog-poo-fairy
26. NoM03: Notice of Motion No. 55/17 by Cr Beregi – 29/11/17
Re: B-Line Bus
1. THAT Council write to the Shadow Minister for Transport, Jodi Mackay MP,
to thank her for accepting the petition, signed by over 5,000 of our residents,
outlining their concerns for the local businesses, for public safety, proposed
unnecessary infrastructure changes and other negative impacts to the North
Shore community resulting from the introduction of the B-Line service.
COUNCIL – 4/12/17 NoM (24)
2. THAT Council express its profound disappointment in the Member for North
Shore, Felicity Wilson MP, for refusing to receive the petition from her
community.
3. THAT Council commit to representing their community and their concerns,
and again write urgently to the Minister for Transport, copying the Shadow
Minister for Transport, asking for a six-month moratorium on all infrastructure
works relating to the B-Line that have been proposed to take place in Cremorne
and Neutral Bay, in order to undertake a trial of the B-Line bus service to collect
real-time data and that such a trial not take place over the Christmas/New
Year period.
27. NoM04: Notice of Motion No. 56/17 by Crs Barbour, Keen
and Mutton – 29/11/17
Re: The North Sydney LGA Flood Study (WMAwater, 2017)
1. THAT Council embark on a campaign to progress a new phase of The North
Sydney LGA Flood Study (WMA water 2017) as follows to reduce any current
community concerns by:
contacting the same residents contacted in 2016;
advise those with flood affectation issues that they are flood affected and
provide them with a map which defines their flood affectation
advise those with small or no flood affectation (a large number of those
initially contacted) in the 1% AEP/planning event that they are not, for all
intents and purposes, flood affected.
Background
There has been a great deal of community concern and angst about the Flood
Study results where a large number of residents need some clarity in the
implications and application of the results.
28. NoM05: Notice of Motion No. 57/17 by Cr Keen – 29/11/17
Re: Women’s Refuges in North Sydney
1. THAT Council increase the support for Women’s refuges in the North
Sydney local government area.
Background
The North Sydney Council have historically been supportive for Women’s
refuges and the service they provide. Can Council please look at and assess the
current level of support and consider increasing it for the future.
COUNCIL – 4/12/17 NoM (25)
29. NoM06: Notice of Motion No. 58/17 by Crs Keen, Barbour
and Mutton
Re: Review and Assessment of the Current Precinct System
1. THAT Council revisit the North Sydney Precinct Report presented to Council
in December 2012. Can the report be updated to reflect any details that need to
be adapted to ensure this is a current and relevant document.
2. THAT Council look at and evaluate again referring to the 2012 report.
Background The North Sydney Council Precinct System is a very effective way to
communicate with the community and the purpose of this request is to ensure it
remains that way. This request is purely to ensure that the Precinct model
remains sustainable and effective. There is no need to change anything that is
working well however this is purely an opportunity to ensure all of the residents
have an opportunity to attend precinct meetings. There are currently 25
nominated Precincts with 7 inactive (28%). There needs to be a mechanism to
ensure that residents that reside within the 7 inactive Precincts have an
opportunity to be a part of a Precinct. The purpose of this motion is not to
necessarily change anything purely to review the process.
COUNCIL – 4/12/17 Questions (26)
QUESTIONS WITH NOTICE
30. Q01: Recruitment of General Manager – Crs Baker,
Beregi and Carr – 29/11/17
Do the Mayor and Deputy Mayor (or any members of the General Manager’s
Recruitment Panel) intend to advise all Councillors on the process undertaken
and progress of the recruitment of the General Manager?
QUESTIONS WITHOUT NOTICE