minutes - North Sydney Council - NSW Government

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

Minute Book Page No 6

This is Page No 6 of the Minutes of the 3676th

Meeting of the North Sydney Council

held on Monday, 15 February 2016.

MINUTES: 3676th

MEETING OF THE NORTH SYDNEY COUNCIL HELD

ON MONDAY, 15 FEBRUARY 2016 AT 7.00 PM.

PRESENT

The Mayor, Jilly Gibson, in the Chair, and Councillors Baker, Barbour, Beregi, Carr,

Clare, Marchandeau, Morris and Reymond.

Leave of Absence: Councillor Bevan.

At the commencement of business (7.02pm) those present were:

The Mayor, and Councillors Baker, Beregi, Carr, Clare, Marchandeau, Morris and

Reymond.

Councillor Baker read the Acknowledgement of Country.

The meeting was opened by the Mayor.

6. Matters Brought Forward at the Request of Members of the

Public Gallery

It was moved, seconded and carried -

THAT the following items be brought forward and dealt with at this stage:

CiS02 - Planning Proposal - 3 Anderson Street, Neutral Bay - Post Exhibition

Report

CiS04 - Post Gazettal Report - NSLEP 2013 Amendment No.13 („Restaurants or

cafes‟ in RE1 Public Recreation zone)

7. Minutes

The Minutes of the previous 3675th Council Meeting held on Wednesday, 10 February

2016, copies of which had been previously circulated, were taken as read and confirmed.

The Motion was moved by Councillor Baker and seconded by Councillor Clare.

8. Leave of Absence

Councillor Bevan has indicated her inability to attend the Council meeting on 15 February

2016.

It is therefore recommended that Council grant leave of absence to Councillor Bevan for

the meeting of 15 February 2016.

COUNCIL - 15/02/16 Page (7)




A Motion was moved by Councillor Gibson and seconded by Councillor Baker.

Voting was as follows: For/Against 8/0

Councillor Yes No Councillor Yes No

Gibson Y Beregi Y

Reymond Y Barbour Absent

Clare Y Morris Y

Baker Y Marchandeau Y

Carr Y Bevan Absent

RESOLVED:

1. THAT leave of absence be granted.

9. Declarations of Interest

Re Item CiS04 Applicant of 275 Alfred Street is an acquaintance

(Non pecuniary/non significant) Councillor Gibson

MINUTES OF THE MAYOR

Nil.

MATTERS BROUGHT FORWARD

Cr Barbour arrived at the meeting at 7.06pm during this item.

10. CiS02: Planning Proposal - 3 Anderson Street, Neutral Bay -

Post Exhibition Report

Report of Ben Boyd, Executive Strategic Planner

On 17 August 2015, Council resolved to forward a Planning Proposal to the Department

of Planning and Environment to identify 3 Anderson Street, Neutral Bay as a heritage

item under North Sydney Local Environmental Plan 2013 (NSLEP 2013). In particular,

the proposed amendment seeks to include a new item within Schedule 5 - Environmental

Heritage and identify the subject site as a general heritage item on the Heritage Map to

NSLEP 2013. On 29 September 2015, the Minister for Planning issued a Gateway

Determination permitting the Planning Proposal to be placed on public exhibition.

In accordance with the Gateway Determination, the Planning Proposal was initially placed

on public exhibition for a period of 28 days from Thursday 22 October 2015 to

Wednesday 18 November 2015. However, due to an administrative error in the initial

notification process of the Planning Proposal, the Planning Proposal was renotified to

ensure that everyone was provided with an equal opportunity to make a submission. The

Planning Proposal was replaced on public exhibition for a period of 28 days from

Thursday 5 November 2015 to Wednesday 2 December 2015.





Submissions from both exhibition periods have been considered as part of this post-

exhibition report.

A total of 40 submissions were received during the exhibition period, 37 of which were in

support of listing the property as a heritage item under NSLEP 2013 and 3, including 2

from the same person, objecting to the proposed listing. The issues raised in the

submissions do not warrant an amendment to the Planning Proposal. It is recommended

that Council resolves to forward the Planning Proposal, unamended, to Parliamentary

Counsel with a request that the Planning Proposal be made.

Recommending:

1. THAT having completed the community consultation requirements outlined in the

Gateway Determination, Council forward the Planning Proposal unamended (Attachment

2) to Parliamentary Counsel with a request that a Local Environmental Plan be made in

accordance with section 59 of the Environmental Planning and Assessment Act 1979, to

give effect to the Planning Proposal.

2. THAT Council advise the Minister for Heritage and the Office of Environment and

Heritage of Council‟s decision and provide them with a copy of this report and Council‟s

resolution.

3. THAT a copy of all submissions be provided to the Office of Environment and

Heritage and the Department of Planning.

Mr De Ferranti and Mr Cornell addressed the meeting.

The Motion was moved by Councillor Gibson and seconded by Councillor Baker.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT having completed the community consultation requirements outlined in the

Gateway Determination, Council forward the Planning Proposal unamended (Attachment

2) to Parliamentary Counsel with a request that a Local Environmental Plan be made in

accordance with section 59 of the Environmental Planning and Assessment Act 1979, to

give effect to the Planning Proposal.

2. THAT Council advise the Minister for Heritage and the Office of Environment and

Heritage of Council‟s decision and provide them with a copy of this report and Council‟s

resolution.

3. THAT a copy of all submissions be provided to the Office of Environment and

Heritage and the Department of Planning.

11. CiS04: Planning Proposal - 275 Alfred Street, North Sydney

Report of Ben Boyd, Executive Strategic Planner

On 3 September 2015, Council received a Planning Proposal (refer to Attachment 1)

seeking to amend North Sydney Local Environmental Plan 2013 (NSLEP 2013) as it

relates to land located at 275 Alfred Street, North Sydney (also known as the „Bayer

Building‟). In particular, the Planning Proposal sought to:

rezone the land at 275 Alfred Street from B3 Commercial Core to B4 Mixed Use;





retention of the maximum building height of 13m (the existing building on the

site is 52.36m) for depth of 11m in from its eastern boundary to Little Alfred

Street and increase the maximum building height over the remainder of the site to

85m;

increase the maximum floor space ratio from 3.5:1 (the existing building on the

site is 7.3:1) to 10.2:1; and

impose a non-residential floor space ratio of 0.5:1 across the entire site.

The Planning Proposal has been lodged by Mecone on behalf of Benmill Pty Ltd, who is

the owner of the subject site.

A detailed assessment of the Planning Proposal has now been completed and this report

has been prepared to enable Council to formally determine its position. It is

recommended that the Planning Proposal not be supported to proceed to Gateway

Determination for the following reasons:

The proposal is not underpinned by a comprehensive strategic planning study for

the locality particularly in relation to commercial floor space and the site and

general precinct‟s relationship to other B3 zoned land in the North Sydney

Centre;

The proposal has the potential to undermine future strategic planning for the

North Sydney Centre;

The proposal would set an unacceptable precedent, prior to the establishment of a

desired policy position for future development in the locality;

The proposal would isolate the immediately adjoining sites, severely reducing

their potential for redevelopment;

It is unclear whether the proposed amendments to the LEP are required to make

the redevelopment of the site financially viable;

The proposed public benefits identified within the letter of offer, which would

ultimately form part of a future Voluntary Planning Agreement (VPA) may be

undervalued in relation to the potential up-lift that would be achieved by

implementing the proposed amendments to the LEP; and

Sufficient residential capacity is already provided under North Sydney Local

Environmental Plan 2013 (NSLEP 2013) and foreshadowed in the planning

studies for St Leonards and Crows Nest, without the need to further alter the

development mix upon the site.

As such, the Planning Proposal is considered to be unsatisfactory and should not be

forwarded to the Department of Planning and Environment (DPE) seeking a Gateway

Determination.

Recommending:

1. THAT Council refuse the Planning Proposal from proceeding to Gateway


a) The proposal is not underpinned by a comprehensive strategic planning study for

the locality particularly in relation to commercial floor space as well as the site

and general precinct‟s relationship to other B3 zoned land in the North Sydney

Centre;

b) The proposal has the potential to undermine future strategic planning for the


c) The proposal would set an unacceptable precedent, prior to the establishment of a


d) It is contrary to the actions and objectives of the Regional Plan A Plan for

Growing Sydney and the draft Inner North Draft Subregional Strategy to promote

North Sydney as the highest order Strategic Centre within an economic corridor

or enable the Centre‟s growth over time.

COUNCIL - 15/02/16 Page (10)




e) It will result in a reduction of commercial floor space over the site which is

inconsistent with Direction 1.1 – Business and Industrial Zones to the S117

Directions under the EP&A Act.

f) The proposal would isolate the immediately adjoining sites, significantly

impacting on their potential for redevelopment;

g) It is unclear whether the proposed amendments to the LEP are required to make


h) The proposed public benefits identified within the letter of offer, which would




i) Sufficient residential capacity is already provided under North Sydney Local




2. THAT Council notifies the applicant of Council‟s determination in accordance with

clause 10A of the Environmental Planning and Assessment Regulations 2000.

3. THAT Council extend the opportunity to the applicant to make a submission to the

North Sydney Centre Review process once publicly exhibited.

4. THAT any changes to the planning controls for the precinct be considered holistically

and involve all landowners.

5. THAT Council advise the Department of Planning and Environment that it does not

support the Planning Proposal proceeding to Gateway Determination and it be provided

with a copy of this report and its determination in support of Council‟s position.

Mr Mayoh, Mr Labutis and Mr Wyndham addressed the meeting.

A Motion was moved by Councillor Baker and seconded by Councillor Morris.






Centre;


















COUNCIL - 15/02/16 Page (11)















and involve all landowners, in the context of a comprehensive strategic planning study for

the locality which includes planning for defined public benefits for any additional

residential density.






Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:






Centre;




















COUNCIL - 15/02/16 Page (12)













and involve all landowners, in the context of a comprehensive strategic planning study for

the locality which includes planning for defined public benefits for any additional

residential density.




REPORTS

General Manager’s Office

12. GMO01: Matters Outstanding

Report of Martin Ellis, Acting General Manager

A report on the current status of matters arising from Council resolutions up to the

meeting of 7 December 2015 is presented.

Recommending:

1. THAT the report be received.

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



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:


13. GMO02: Outstanding Governance Committee

Recommendation - 09/11/15

Report of Adrian Panuccio, Chief Operating Officer

This report addresses Recommendation 6 of the Governance Committee Meeting held on

9 November 2015. This Recommendation was subsequently ruled illegal by the Chair of

the Council Meetings of 16 and 19 November 2015, and as a consequence remains

outstanding.

COUNCIL - 15/02/16 Page (13)




Recommending:

1. THAT Council note the content of this report.

2. THAT Council consider the outstanding Recommendation of the Governance

Committee Meeting held on 9 November 2015, namely:

THAT the Councillors Use of Email Policy report be adopted.

A Motion was moved by Councillor Baker and seconded by Councillor Clare.

1. THAT Council note content of this report.

2. THAT it be noted that the Mayor ruled recommendation 2 of the report illegal and

refused to allow it to be put to the meeting.



Gibson N Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT Council note content of this report.

2. THAT it be noted that the Mayor ruled recommendation 2 of the report illegal and

refused to allow it to be put to the meeting.

City Strategy Division

14. CiS01: Biannual Review of the Delivery Program 2013/14-

2016/17 for the period 1 July-31 December 2015

Report of Katrina Furjanic, Corporate Planning Coordinator

This is the first Biannual Review presented to Council on progress to deliver the third

year of the Delivery Program 2013/14-2016/17.

The report includes information in summary and in detail on progress to deliver the

Delivery Program 2013/14-2016/17 and Council‟s progress towards the outcomes in the

Community Strategic Plan 2013-2023.

The Biannual Review shows that performance against the Community Strategic Plan for

the year to date is on track at 53%.

Full financial performance information and implications on Council‟s financial position

are detailed within the December Quarterly Budget Review Statement (QBRS) presented

separately to Council.

Recommending:

1. THAT the Biannual Review of the Delivery Program 2013/14-2016/17 for the period 1

July-31 December 2015 be received.

2. THAT Council notes the remedial action for those activities that were not on track for

the period ending 31 December 2015, as outlined in the Biannual Review attached.

3. THAT project 3.1.4.1.3 Develop and promote a business and services directory be

discontinued.

4. THAT project 2.5.1.2.5 Promote Park(ing) Day be carried over to 2016/17.

COUNCIL - 15/02/16 Page (14)




5. THAT in regards to the above identified projects Council resolve to amend the

Delivery Program 2013/14-2016/17 and Resourcing Strategy accordingly.

The Motion was moved by Councillor Reymond and seconded by Councillor

Marchandeau.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT the Biannual Review of the Delivery Program 2013/14-2016/17 for the period 1

July-31 December 2015 be received.

2. THAT Council notes the remedial action for those activities that were not on track for

the period ending 31 December 2015, as outlined in the Biannual Review attached.

3. THAT project 3.1.4.1.3 Develop and promote a business and services directory be

discontinued.

4. THAT project 2.5.1.2.5 Promote Park(ing) Day be carried over to 2016/17.

5. THAT in regards to the above identified projects Council resolve to amend the

Delivery Program 2013/14-2016/17 and Resourcing Strategy accordingly.

15. CiS02: Planning Proposal - 3 Anderson Street, Neutral Bay -

Post Exhibition Report

(Previously considered, see Min. No. 10)

16. CiS03: Post Gazettal Report - NSLEP 2013 Amendment

No.13 (‘Restaurants or cafes’ in RE1 Public Recreation zone)

Report of Katerina Pikoulas, Student Strategic Planner

On 17 August 2015, Council resolved to forward a Planning Proposal relating to the

permissibility of outdoor dining on all land zoned RE1 Public Recreation to the Minister

for Planning with a request for a Gateway Determination. In particular, the Planning

Proposal sought to amend North Sydney Local Environmental Plan (NSLEP) 2013 by

amending the Land Use Table to include „Restaurants or cafes‟ as permissible land uses

with development consent in all areas zoned RE1 Public Recreation.

The Minister for Planning subsequently issued a Gateway Determination requiring the

Planning Proposal be placed on public exhibition for a minimum of 14 days. The public

exhibition took place from Thursday 22 October 2015 to Wednesday 4 November 2015.

On 7 December 2015, Council considered a post-exhibition report which addressed the

submissions received during the public exhibition. Council resolved to adopt the Planning

Proposal unamended and proceed with the making of a Local Environmental Plan to give

effect to the Planning Proposal.

The Planning Proposal was forwarded to the Department of Planning and Environment on

24 December 2015, with a request that the plan be formally made.

COUNCIL - 15/02/16 Page (15)




NSLEP 2013 (Amendment No. 13) gives effect to the Planning Proposal and is now in

force following its publication on the NSW legislation website on 15 January 2016.

This report is for the information of Councillors.

Recommending:

1. THAT Council receive the report.




Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT Council receive the report.

17. CiS04: Planning Proposal - 275 Alfred Street, North Sydney

(Previously considered, see Min. No. 11)

18. CiS05: Crows Nest (Precinct 4) Planning Study Inception

Report of Marcelo Occhiuzzi, Manager Strategic Planning

At its meeting on 21 September 2015, Council noted that “planning work on Precinct 4 of

St Leonards/Crows Nest was deferred pending announcements by the NSW Government

regarding the location and commissioning of the Metro Station in St Leonards/Crows

Nest”.

Since that time, the Premier of NSW announced a significant Sydney Metro project

update in November 2015 which included more details regarding the locations of each of

the new proposed Metro stations including Crows Nest. That announcement identified the

location of Crows Nest station being the block bounded by the Pacific Highway, Clarke

Lane, Oxley Street and mid block south of Hume Street. This provides Council with the

necessary information and guidance to commence work on a comprehensive and

consultative strategic planning study that explores the opportunities raised by the Metro

railway station proposed for Crows Nest. A new Metro station in this location will

improve accessibility and connections to the employment centres of Chatswood, North

Sydney and Barangaroo and general improved mobility to and from other parts of

metropolitan Sydney more generally. In this context, the new Metro station will increase

pressure for growth that leverages from such significant infrastructure. If well managed, a

Crows Nest Metro station presents an opportunity for the local and wider community to

reap public domain and economic benefits. It should be noted that in this context, built

form, density and public domain implications beyond the previously identified “Precinct

4” boundaries will need to be considered.

Preparing a study similar to the planning work conducted for precincts 1, 2 and 3 will

provide the basis to proactively and strategically deal with the inevitable pressure for new

development.

This work will have a strong consultation basis inclusive of the variety of private and

public stakeholders. In the first instance, the project will involve a high level consultation

COUNCIL - 15/02/16 Page (16)




process which will seek to capture the values of the precinct as well as inform

stakeholders that potential change is on the horizon. This will be the basis of the first

stage consultation with the various stakeholders including local residents, land and

business owners, precinct committees and government agencies. The feedback gained in

this first stage of the project will be used as input, along with other specialist work, to

generate a detailed draft strategy for the purpose of further consultation.

Whilst the Department of Planning and Environment has indicated a willingness to

commence a “Priority Precinct” process in the broader St Leonards/Crows Nest area,

Council should continue down this path regardless as it has demonstrated a strong

capacity to deliver such work in a responsible, consultative and meaningful manner.

Much of this work will be conducted in house with limited expenditure on specialist

consultant studies.

Recommending:

1. THAT this report be noted.

2. THAT Council notes that a broad consultation process will commence shortly to gauge

general community and other stakeholder views regarding the development and growth

implications of the proposed Metro station at Crows Nest. This process will be broadly

underpinned by the draft consultation material attached to this report.

3. THAT Council notes that in the context of a Metro station at Crows Nest, this project

will result in the consideration of built form, density and public domain implications

beyond the previously identified “Precinct 4” boundaries.




Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT this report be noted.

2. THAT Council notes that a broad consultation process will commence shortly to gauge

general community and other stakeholder views regarding the development and growth

implications of the proposed Metro station at Crows Nest. This process will be broadly

underpinned by the draft consultation material attached to this report.

3. THAT Council notes that in the context of a Metro station at Crows Nest, this project

will result in the consideration of built form, density and public domain implications

beyond the previously identified “Precinct 4” boundaries.

19. CiS06: Preparation of HMAS Platypus site masterplan by

the Sydney Harbour Foreshore Trust

Report of Gavin McConnell, Executive Planning Advisor

This report has been prepared in response to an invitation by the Sydney Harbour

Federation Trust (SHFT) to provide comments regarding the preparation of a masterplan

for the HMAS Platypus site. Once the masterplan has been drafted in late 2016 it will be

available for further comment by Council and the community.

COUNCIL - 15/02/16 Page (17)




The SHFT is a body constituted by the Australian Federal Government to rehabilitate and

re-purpose harbourside sites formerly occupied by the Australian Defence Force. HMAS

Platypus is the only SHFT site located within North Sydney.

The key issues for consideration in the preparation of the masterplan are the provision of

public access and to enable a range of suitable community uses on the site.

It is noted that the site falls under the jurisdiction of the Australian Federal Government

and North Sydney Council will not be the consent authority for any future land use

applications. The opportunity to provide inputs in the preparation of the masterplan

represents an opportunity for North Sydney Council to influence the future success of this

important public asset.

There are no costs to North Sydney Council resulting from the preparation of a masterplan

for HMAS Platypus.

Recommending:

1. THAT Council note the report.

2. THAT Council resolve to make a submission regarding the preparation of the

masterplan for HMAS Platypus in accordance with the key issues identified in the body of

the report.

A Motion was moved by Councillor Gibson and seconded by Councillor Baker.




the report.

3. THAT it be noted that the project is run by the Federal Government with the input of

North Sydney Council and that it be cited in Council‟s submission to the Minister‟s

delegate.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:




the report.

3. THAT it be noted the project is run by the Federal Government with the input of North

Sydney Council and that it be cited in Council‟s submission to the Minister‟s delegate.

Community & Library Services Division

20. CLS01: Arts and Cultural Projects and Programs 2015,

Deaccession Policy Artwork and Library Collections

COUNCIL - 15/02/16 Page (18)




Report of Alison Clark, Team Leader Arts and Culture, Lisa Sammut, Cultural Events and

Projects Officer, Ian Hoskins, Council Historian

Every year the Arts and Culture team delivers a range of programs, projects and events

aimed at engaging a broad cross section of the community. The team consists of one full

time and two part time staff who are responsible for coordinating over twenty arts

programs and events, ranging from mid to large scale community arts activities. This

report details some of the key programs and outcomes. This report also presents the

current Deaccession Policy Artwork and Library Collection for consideration.

The related financial implications are negligible. The associated costs are covered by the

financial year 2015/16 budget.

Recommending:


2. THAT the draft Deaccession Policy Artwork and Library Collections Policy be placed

on public exhibition for 28 days.

3. THAT should Council receive submissions, a further report be prepared for Council‟s

consideration. Should Council receive no submissions, Council consider the Deaccession

Policy Artwork and Library Collections Policy as adopted at the end of the closing period

for submissions.

The Motion was moved by Councillor Baker and seconded by Councillor Barbour.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:


2. THAT the draft Deaccession Policy Artwork and Library Collections Policy be placed

on public exhibition for 28 days.

3. THAT should Council receive submissions, a further report be prepared for Council‟s

consideration. Should Council receive no submissions, Council consider the Deaccession

Policy Artwork and Library Collections Policy as adopted at the end of the closing period

for submissions.

21. CLS02: Parraween Street Car Park Redevelopment -

Construction Funding Approval

Report of Martin Ellis, Acting General Manager

The purpose of this report is to seek Councils approval to commercially borrow funds

from Councils approved Debt Facility for a portion of the funding that is required to

enable the construction of the Parraween Street Car Park redevelopment.

Council through a public tender process has engaged consultants (NBRS and Partners) to

document the project for tender and construction purposes. Council would like to call

tenders for construction in April of this year. In accordance with the Department of Local

Government Tendering Guidelines and Councils Procurement policy, Council cannot call

tenders unless they have a firm intention to proceed.

Councils must not invite or submit tenders without a firm intention and capacity to

proceed with a contract, including having funds available.

COUNCIL - 15/02/16 Page (19)




Extract from section 1.2. Standards of Behaviour and Ethical Principles Tendering

Guidelines for NSW Local Government.

Council currently has a portion of the funds required to let a construction contract but

requires the balance of the funds to be commercially borrowed from Councils approved

Debt Facility.

The Parraween Street Car Park Redevelopment has been identified as a project in the last

two delivery programs adopted by North Sydney Council and commercial borrowing to

fund the Project was identified in the approved “Loan Borrowings” report prepared for

Council in August 2015. The Parraween Street Car park redevelopment is identified as

one of a suite of large capital works Projects that should be funded from Councils Debt

facility.

Council was unsuccessful in its Grant Funding application to the National Stronger

Regions Fund in December 2015. All grant funding awarded through Round 2 of the

National Stronger Regions Fund was directed to Regional Councils. No Sydney

metropolitan Councils received any funding through the program.

Currently there are funds in Council‟s Delivery Program, Section 94 contributions (Open

Space), Affordable Housing Capital reserve and partners contributions to fund a portion

of the project. There is a significant shortfall in funds required to commence construction

of the project in mid 2016. Council under the Local Government Act and North Sydney

Council‟s Procurement Policy cannot go to tender unless there are sufficient funds to start

and finish the project.

A portion of the required funds are available in the future years capital works budget and

the Section 94 Open Space contributions, Affordable Housing capital reserve, the NSC

Community Housing Capital Works Budgets Project, annual contributions to maintenance

from Mosman Council and an annual contribution from the proposed Community

Housing provider, Link Housing. The balance of funds will be required to be

commercially borrowed through the Council approved debt facility. Financing the Project

was identified in the approved “Loan Borrowings” report prepared for Council in August

2015

Once the project has been completed, modelling forecasts an annual operating deficit of

approximately $300,000. This will have to be funded from general revenue which will, in

turn, result in the availability of less funding for future capital works projects.

Recommending:

1. THAT Council endorses the balance of funds required to commence construction of

the Project be sourced from Council‟s established debt facility so that the project can be

tendered in April 2016.

2. THAT Council forwards the attached Notification to the Office of Local Government

advising them of the intention to proceed with the Project.

3. THAT Council notes the net operating deficit in loan repayments identified in the

Financial Model.

A Motion was moved by Councillor Baker and seconded by Councillor Beregi.







Financial Model.

4. THAT a Councillor Briefing be convened to discuss the project and in particular the

length of the lease proposed to Link Housing.

5. THAT the item be referred to the Councillor Workshop - Finance for discussion.

COUNCIL - 15/02/16 Page (20)






Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:







Financial Model.

4. THAT a Councillor Briefing be convened to discuss the project and in particular the

length of the lease proposed to Link Housing.

5. THAT the item be referred to the Councillor Workshop - Finance for discussion.

Corporate Services Division

22. CoS01: Quarterly Budget Review - December 2015

Report of Darren Goode, Accounting Services Manager

The purpose of this report is to inform Council of the results of the review of the budget

for the quarter ended 31 December 2015 and to seek approval to make the necessary

adjustments to the 2015/16 revised budget to reflect the current projected estimates of

income and expenditure for the year.

The net effect of the adjustments to the 2015/16 revised budget outlined in this report was

the budget remaining in a balanced position at the end of the December quarter with net

transfers from reserves of $28.5 million.

Recommending:

1. THAT the Quarterly Budget Review Statement - December 2015 report be received.

2. THAT the recommended adjustments to the 2015/16 budget be adopted.

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



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT the Quarterly Budget Review Statement - December 2015 report be received.

2. THAT the recommended adjustments to the 2015/16 budget be adopted.

COUNCIL - 15/02/16 Page (21)




23. CoS02: Investments and Loan Borrowings Held as at 31

December 2015 and 31 January 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

months of December 2015 and January 2016.

The portfolio provided an annualised return of 4.09% for the year to date as at 31

December 2015, 1.92% above the reportable benchmark (BBSW Bank Bill Index) and an

annualised return of 4.07% for the year to date as at 31 January 2016, 1.89% above the

reportable benchmark.

Council has commenced a $30 million debt facility and as at the 31 October 2015, has

drawn down $9.5 million for capital works projects.

Interest returns for the months of December 2015 and January 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.

The 2015/16 budget estimate for returns from Council‟s investment portfolio, have been

reviewed in the December Quarterly Budget Review.

Recommending:


The Motion was moved by Councillor Baker and seconded by Councillor Barbour.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:


24. CoS03: Governance Committee - Minutes 8 February 2016

Report of Ian Curry, Manager Governance and Committee Services

This report presents the recommendations of the last meeting of the Governance

Committee held on 8 February 2016, for Council adoption. The minutes are attached for

information.

Recommending:

1. THAT the Council Advertising report be received.

2. THAT Council write to Newscorp asking that all local requests made under the

“Neighbourhood Rescue” section in their publications be forwarded to Council so that an

appropriate response can be made.

COUNCIL - 15/02/16 Page (22)




3. THAT the Council resolution requesting a meeting between councillors and the Editor

of the Mosman Daily be followed up.

4. THAT Council makes a submission in response to the proposed amendments to the

Local Government Act 1993 outlined in Towards New Local Government Legislation

Explanatory Paper: proposed Phase 1 amendments.

5. THAT the submission be amended in point 5.3 to require annual reporting of Senior

Staff salaries.

6. THAT Council makes a submission to IPART in response to the recommendations to

its Draft Report: Review of Reporting and Compliance Burdens on Local Government.

7. THAT the Employment Diversity Report be received.

8. THAT congratulations be forwarded to Council‟s Workforce Planning Manager and

other relevant staff, particularly in respect of Council‟s involvement with the

Commonwealth Government initiative to encourage mature aged employees.

9. THAT the General Manager‟s Expense Claims - 1 July 2015 to 31 December 2015

report be received.

10. THAT the Public lnquiry under section 438U of the Local Government Act 1993 into

North Sydney Council report be received.

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



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT the Council Advertising report be received.

2. THAT Council write to Newscorp asking that all local requests made under the

“Neighbourhood Rescue” section in their publications be forwarded to Council so that an

appropriate response can be made.

3. THAT the Council resolution requesting a meeting between councillors and the Editor

of the Mosman Daily be followed up.

4. THAT Council makes a submission in response to the proposed amendments to the

Local Government Act 1993 outlined in Towards New Local Government Legislation

Explanatory Paper: proposed Phase 1 amendments.

5. THAT the submission be amended in point 5.3 to require annual reporting of Senior

Staff salaries.

6. THAT Council makes a submission to IPART in response to the recommendations to

its Draft Report: Review of Reporting and Compliance Burdens on Local Government.

7. THAT the Employment Diversity Report be received.

8. THAT congratulations be forwarded to Council‟s Workforce Planning Manager and

other relevant staff, particularly in respect of Council‟s involvement with the

Commonwealth Government initiative to encourage mature aged employees.

9. THAT the General Manager‟s Expense Claims - 1 July 2015 to 31 December 2015

report be received.

10. THAT the Public lnquiry under section 438U of the Local Government Act 1993 into

North Sydney Council report be received.

COUNCIL - 15/02/16 Page (23)




25. CoS04: 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

Stuart Warren for citizen membership.

Recommending:

1. THAT the application from Mr Stuart Warren for citizen membership of the Sport and

Recreation Reference Group be accepted.

The Motion was moved by Councillor Clare and seconded by Councillor Baker.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT the application from Mr Stuart Warren for citizen membership of the Sport and

Recreation Reference Group be accepted.

Engineering & Property Services Division

26. EPS01: Council Owned/Leased Properties: Leasing

Transactions

Report of Risha Joseph, Property Officer

A report is submitted regarding the leasing transactions for Council‟s owned and leased

properties, for the period ending 3 February 2016.

Rental income to Council will be received in the Property Budget.

Recommending:

1. THAT Council notes the leasing transactions, which are detailed in Attachment A of

this report.

2. THAT Council hereby authorises its Official Seal to be affixed to the legal instruments

necessary to implement the proposed leasing transactions, which is noted in “Attachment

A” of this report, under the signature of the Mayor and the General Manager.

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



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

COUNCIL - 15/02/16 Page (24)




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.

27. EPS02: Upgrade to ‘Nutcote’ - Tender 27/2016

Report of John Butterworth, Projects Manager

Tenders were called and were received until 4pm, 15 December 2015 for the submission

of tenders for upgrade works to „Nutcote‟ 5 Wallaringa Avenue Neutral Bay which was

the home of the renowned children‟s author and illustrator May Gibbs.

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 committed for 2015/16 and 2016/17 in the four year Delivery

Program adopted by Council.

The tender price received in tender 27/2016 exceeds the current funding allocated for this

project.

Recommending:

1. THAT Council reject all offers for Tender 27-2016 for upgrade works to „Nutcote‟.

2. THAT Council not invite fresh tenders for the reasons stated in the confidential

memorandum attached to this report and because it is considered that re-tendering, rather

than negotiating, will not attract additional suitable submissions for the project.

3. THAT Council resolves to enter into direct negotiation with the tenderers and other

suitable contractors for the upgrade works to „Nutcote‟.

4. THAT authority be delegated to the General Manager to negotiate with suitably

qualified contractors and enter into a contract for the upgrade works to „Nutcote‟.

The Motion was moved by Councillor Barbour and seconded by Councillor Marchandeau.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT Council reject all offers for Tender 27-2016 for upgrade works to „Nutcote‟.

2. THAT Council not invite fresh tenders for the reasons stated in the confidential

memorandum attached to this report and because it is considered that re-tendering, rather

than negotiating, will not attract additional suitable submissions for the project.

3. THAT Council resolves to enter into direct negotiation with the tenderers and other

suitable contractors for the upgrade works to „Nutcote‟.

4. THAT authority be delegated to the General Manager to negotiate with suitably

qualified contractors and enter into a contract for the upgrade works to „Nutcote‟.

28. EPS03: Administration Support for Neutral Bay Chamber of

Commerce

COUNCIL - 15/02/16 Page (25)




Report of Adam Deutsch, Project Manager

Council has approved the allocation of funds from the Neutral Bay Mainstreet Levy

Reserve for the past six years to permit the Chamber of Commerce to continue with the

engagement of a consultant to provide administrative, databasing and marketing

assistance. With the expiry of the current period on 11 January 2016, the Chamber has

written to Council requesting a further 12 month period through to 10 January 2017.

Council is recommended to approve that further period of engagement of the consultant

(Concept Event Management Pty. Ltd.) by the Chamber for the lump sum fee of $18,000

including GST (i.e. $16,364 excluding GST).

Funding source is Neutral Bay Mainstreet Levy reserves.

Funding for the project is appropriate.

Recommending:

1. THAT Council resolve to allocate $16,364 excluding GST from the Neutral Bay

Mainstreet Levy funds to permit the Neutral Bay Chamber of Commerce to engage

Concept Event Management Pty. Limited to assist the Chamber in administration,

databasing and marketing roles for a further 12-month period from 12 January 2016 to 11

January 2017.

A Motion was moved by Councillor Baker and seconded by Councillor Clare.





January 2017.

2. THAT Council work towards a funding model for the Crows and Neutral Bay

Mainstreet levy areas for any administrative funding for the Precincts into the future.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:





January 2017.

2. THAT Council work towards a funding model for the Crows and Neutral Bay

Mainstreet levy areas for any administrative funding for the Precincts into the future.

Open Space & Environmental Services Division

****

COUNCIL - 15/02/16 Page (26)




PETITIONS

****

CORRESPONDENCE

29. C01: Sydney Coastal Councils Group

Submitting correspondence from Sydney Coastal Councils Group (22 December 2015)

with Minutes and Actions of the Ordinary Meeting, held on 12 December 2015 at the City

of Sydney.

A Motion was moved by Councillor Reymond and seconded by Councillor Barbour.

1. THAT the correspondence from the Sydney Coastal Councils Group be received.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT the correspondence from the Sydney Coastal Councils Group be received.

MOTIONS OF WHICH DUE NOTICE

HAS BEEN GIVEN

30. NoM01: Notice of Motion No. 1/16 by Cr Beregi - 9/02/16

Re: Request for meeting with Member for North Sydney

1. THAT Council write to Trent Zimmerman MP, Member for North Sydney, seeking a

meeting between himself and Councillors.

A Motion was moved by Councillor Beregi and seconded by Councillor Morris.

1. THAT Council write to Mr Trent Zimmerman MP, Federal Member for North Sydney,

seeking an urgent meeting between himself and North Sydney Councillors.

COUNCIL - 15/02/16 Page (27)




2. THAT in its letter to Mr Zimmerman, Council note that Mr Zimmerman attributed the

13% swing against the Liberals to the NSW State Government's intention to forcibly

merge Councils, and stated that his does not support the forced amalgamation of local

councils.

3. THAT in its letter to Mr Zimmerman, Council request that in his capacity as our local

federal MP and Acting State Liberal Party President, Mr Zimmerman immediately write

to the Premier of NSW, Mr Baird, advising that he does not support the forced

amalgamation of Councils, and that he attributed the 13% swing against the Liberals to

the unpopular stance that the NSW Government is taking.

4. THAT in its letter, Council convey to Mr Zimmerman, its position of strong opposition

to forced Council amalgamations, consistent community feedback against any

amalgamation, Council's strong financial position and current capital works program and

its concerns regarding impacts on North Sydney residents from any merger, which include

but are not limited to, higher rates, loss of services, reduced local representation and the

anti-democratic behaviour of the Baird State Government.



Gibson N Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT Council write to Mr Trent Zimmerman MP, Federal Member for North Sydney,

seeking an urgent meeting between himself and North Sydney Councillors.

2. THAT in its letter to Mr Zimmerman, Council note that Mr Zimmerman attributed the

13% swing against the Liberals to the NSW State Government's intention to forcibly

merge Councils, and stated that his does not support the forced amalgamation of local

councils.

3. THAT in its letter to Mr Zimmerman, Council request that in his capacity as our local

federal MP and Acting State Liberal Party President, Mr Zimmerman immediately write

to the Premier of NSW, Mr Baird, advising that he does not support the forced

amalgamation of Councils, and that he attributed the 13% swing against the Liberals to

the unpopular stance that the NSW Government is taking.

4. THAT in its letter, Council convey to Mr Zimmerman, its position of strong opposition

to forced Council amalgamations, consistent community feedback against any

amalgamation, Council's strong financial position and current capital works program and

its concerns regarding impacts on North Sydney residents from any merger, which include

but are not limited to, higher rates, loss of services, reduced local representation and the

anti-democratic behaviour of the Baird State Government.


Re: ANZAC Public school

1. THAT Council write to the Principal of the ANZAC Public school expressing its

congratulations and enthusiastic support for our new local school.

A Motion was moved by Councillor Beregi and seconded by Councillor Baker.

COUNCIL - 15/02/16 Page (28)




1. THAT Council write to the Principal of the new ANZAC Park Public School, Ms

Unity Taylor-Hill, expressing its congratulations and enthusiastic support for our new

local school which is currently under construction on the site of the former ANZAC Club

which is land leased to the NSW State Government by North Sydney Council.

2. THAT Council in its letter, Council request that once the new buildings are complete

and the new school is operational, that Councillors meet with Ms Taylor-Hill on site to

discuss how Council can support the school and allow Councillors to tour our new local

educational facility.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT Council write to the Principal of the new ANZAC Park Public School, Ms

Unity Taylor-Hill, expressing its congratulations and enthusiastic support for our new

local school which is currently under construction on the site of the former ANZAC Club

which is land leased to the NSW State Government by North Sydney Council.

2. THAT Council in its letter, Council request that once the new buildings are complete

and the new school is operational, that Councillors meet with Ms Taylor-Hill on site to

discuss how Council can support the school and allow Councillors to tour our new local

educational facility.

32. NoM03: Notice of Motion No. 3/16 by Cr Clare - 10/02/16

Re: Innovation and North Sydney LGA

1. THAT Council prepare a brief summary report on:

(a) possible available Council owned space in the North Sydney LGA which could be

used for innovation; and

(b) any State Government or Federal Government Grants which could be accessed for

this purpose.

The Motion was moved by Councillor Clare and seconded by Councillor Baker.



Gibson Y Beregi Y

Reymond Y Barbour Y

Clare Y Morris Y


Carr Y Bevan Absent

RESOLVED:

1. THAT Council prepare a brief summary report on:

COUNCIL - 15/02/16 Page (29)




(a) possible available Council owned space in the North Sydney LGA which could be

used for innovation; and

(b) any State Government or Federal Government Grants which could be accessed for

this purpose.


Re: 11 Woolcott Ave, Waverton

1. THAT the signing of lease over public land and subsequent proposed development in

relation to 11 Woolcott Avenue, Waverton, be deferred pending the receipt of advice from

Senior Counsel.

The Mayor ruled this Motion illegal as it seeks to over rule, or to impede, or to interfere

with a lawful resolution of North Sydney Council and would not allow it to be put to the

meeting.

QUESTIONS WITH NOTICE

****

QUESTIONS WITHOUT NOTICE

****

The Meeting concluded at 8.15 pm

____________________________ __________________________

CHAIRPERSON GENERAL MANAGER

minutes - North Sydney Council - NSW Government

Documents

Transcript of minutes - North Sydney Council - NSW Government