Time: 8 - Home | Woollahra Municipal Council · Woollahra Municipal Council Notice of Meeting 24 July 2014 To: Her Worship the Mayor, Councillor Toni Zeltzer ex-officio Councillors

Agenda: Ordinary Council Meeting

Date: Monday 28 July 2014

Time: 8.00pm

Woollahra Municipal Council

Notice of Meeting

24 July 2014

To: Her Worship the Mayor, Councillor Toni Zeltzer ex-officio

Councillors Ted Bennett

Anthony Boskovitz

Peter Cavanagh

Luise Elsing

James Keulemans

Greg Levenston

Anthony Marano

Katherine O‟Regan

Andrew Petrie

Matthew Robertson

Deborah Thomas

Elena Wise

Susan Wynne

Jeff Zulman

Dear Councillors

Council Meeting – 28 July 2014

In accordance with the provisions of the Local Government Act 1993, I request your

attendance at Council‟s Ordinary Council Meeting to be held in the Council Chambers,

536 New South Head Road, Double Bay, on Monday 28 July 2014 at 8.00pm.

Gary James

General Manager


Ordinary Council Meeting 28 July 2014

H:\COUNCIL\AGENDAS\2014\july28-14councilage.docx

Meeting Agenda

Page

1. Confirmation of Minutes – Ordinary Meeting 14 July 2014

2. Leave of Absence and Apologies

3. Declarations of Interest

4. Late Correspondence Note Council resolution of 27 June 2011 to read late correspondence in

conjunction with the relevant Agenda Item

5. Petitions Tabled

6. Mayoral Minute Nil

7. Public Forum

8. General Manager & Officer‟s Report Nil

9. Reports of the Committees

9.1 Corporate & Works Committee 21 July 2014 1

R1 Edgecliff Road, Woollahra – Streetscape

Upgrade Project

9.2 Development Control Committee 21 July 2014 2

R1 DA94/2013 - 2-4 Quarry Street, Paddington –

Site remediation & construction of new childcare

centre to provide 120 long day care places for

ages 0-6 years with operating hours between

6.30am to 7.30pm Monday to Friday –

14/3/2013

9.3 Urban Planning Committee 14 July 2014 3

R1 Altona

R2 Woollahra Design Excellence Awards

9.4 Community & Environment Committee 14 July 2014 4

R1 Woollahra Local Traffic Committee Minutes – 1

July 2014

Y4 Bellevue Road, Bellevue Hill – Traffic Calming

10. Rescission Motion Nil

11. Notices of Motion 5

12 Questions on Notice Nil

13 Questions for the Next Meeting 7




9.1 Corporate & Works Committee

Items with Recommendations from the Committee Meeting of Monday 21 July 2014

Submitted to the Council for Determination

Item No: R1 Recommendation to Council

Subject: Edgecliff Road, Woollahra – Streetscape Upgrade Project

Author: Jake Matuzic, Manager Capital Projects

File No: Tender No 14/07

Reason for Report: To recommend to Council the acceptance of a Tender

Recommendation:

A. That Council enter into a Contract with Pave-Link Pty Ltd for the Edgecliff Road, Woollahra

– Streetscape Upgrade Project for the sum of $466,600 (excluding GST).

B. That successful and unsuccessful tenderers be advised accordingly.




9.2 Development Control Committee




Subject: 2-4 Quarry Street, Paddington – Site remediation & construction of new

childcare centre to provide 120 long day care places for ages 0-6 years

with operating hours between 6.30am to 7.30pm Monday to Friday –

14/3/2013

Author: Adrian Gilderdale – Assessment Officer

File No: DA94/2013

Reason for Report: In accordance with Council‟s meeting procedures and policy this matter is

referred to full Council due to the publics‟ interest in the matter.

Recommendation:

A. THAT the Council in respect of the Land and Environment Court of New South Wales Class

4 Summons to Development Application No. 94/2013 for site remediation and construction of

new childcare centre to provide 120 long day care places for ages 0 to 6 years with operating

hours between 6.30am to 7.30pm Monday to Friday on land at 2-4 Quarry Street Paddington,

resolve to determine Development Application No. 94/2013.

B. THAT the Council in respect of the Land and Environment Court of New South Wales Class

4 Summons to Development Application No. 94/2013 for site remediation and construction of

new childcare centre to provide 120 long day care places for ages 0 to 6 years with operating

hours between 6.30am to 7.30pm Monday to Friday on land at 2-4 Quarry Street Paddington,

resolve to make the legal advice provided by Council‟s solicitor Dr. Lindsay Taylor of

Lindsay Taylor Lawyers dated 02/07/2014 available to the public.

C. THAT Development Application No. 94/2013 be referred back to the Development Control

Committee for determination.




9.3 Urban Planning Committee




Subject: ALTONA

Author: Amelia Parkins, Strategic Heritage Officer

File No: 505.54

Reason for Report: To respond to an adopted notice of motion requiring a report on the

possibility of heritage listing the Wunulla Road facade of the property at 54-

56 Wunulla Road, Point Piper.

Recommendation:

A. That the heritage assessment for 54-56 Wunulla Road, Point Piper be received and noted.

B. That no further action regarding the local heritage listing of the property or its facade be

taken.


Subject: Woollahra Design Excellence Awards

Author: Amelia Parkins, Strategic Heritage Officer

File No: 998.G

Reason for Report: To respond to a recommendation from the Urban Planning Committee to

provide further details on the Woollahra Heritage Conservation Awards.

As the voting on the Amendment was 4 votes for the Amendment and 4 votes against the

Amendment both the Motion and Amendment are referred to the Council for consideration.

Motion to be submitted to Council:

That the report be noted, no further action taken and the Woollahra Design Excellence Awards be

put on hold for now.

Amendment to be submitted to Council:

A. That scope of the Woollahra Conservation Awards be expanded to incorporate additional

categories for contemporary design and sustainability.

B. The name of the awards should be updated to the Woollahra Design Excellence Awards.

C. That the “Judging Criteria” include a provision that no award would need to be issued where

award criteria could not be met.

D. That winning nominations be recognised at an awards ceremony to be held in May/June 2015.




9.4 Community & Environment Committee



Item No: R1 Delegated to Committee

Subject: Woollahra Local Traffic Committee Minutes – 1 July 2014

Author: Cathy Edwards-Davis, Manager Engineering Services

File No: 595.G 2014

Reason for Report: For the Committee to consider the recommendations of the Woollahra Local

Traffic Committee

Note: In accordance with Council‟s meeting procedures Item Y4 (Bellevue Road, Bellevue

Hill – Traffic Calming) was called to full Council by Councillor Anthony Boskovitz

prior to the commencement of the meeting as he was not satisfied with the Officer

Recommendation adopted by the Traffic Committee.

Item No: Y4 Recommendation to Council

Subject: Bellevue Road, Bellevue Hill – Traffic Calming

Author: Shirlene Yee Yet – Team Leader Traffic & Transport

File No: T34

Reason for Report: To respond to a traffic issue for the community

Recommendation:

A. That Council note the following Recommendations from the Traffic Committee in respect of

this Item:

i. That Council approve the traffic calming proposals Option D – Speed Cushions and

Intersection Treatments and Option Z – Shopping Strip Traffic Calming for detailed

design and staged implementation.

ii. That the exact location of the speed cushions be marked on the road pavement to ensure

abutting residents are informed prior to any speed hump installation.

iii. That all the residents in Bellevue Road and abutting streets be informed of Council‟s

decision.

B. That consideration of the Traffic Committee‟s Recommendations be deferred to enable

Councillors to review the traffic monitoring reports and for the Traffic Committee to consider

alternative options.




Notices of Motion

Item No: 1

From: Councillor Robertson

Date: 15 July 2014

File No: 900.G

That Council

1. Reaffirms its concern about the public health impacts of smoking;

2. Notes the NSW Health Minister's position that responsibility for tobacco control at public

beaches falls to local government;

3. Notes its intention to ban smoking at Woollahra's public beaches; and

4. Requests staff to prepare a report for presentation to the Community & Environment

Committee, outlining options for the lawful implementation of a ban on smoking at

Woollahra's public beaches.

Background

Creating a smoke-free environment at Woollahra‟s public beaches will bring significant benefits for

public health and environmental protection.

Smoke-free environments protect individuals from second-hand smoke exposure, denormalise

smoking behaviour, help prevent smoking experimentation and uptake among youth, and provide an

environment that helps promote quit attempts.[1] Environmental benefits flow from reduced

littering of cigarette butts and reduced contamination to waterways and biodiversity.

NSW legislation prohibiting smoking in public places came into effect in early January 2013.

Section 6a of the Smoke Free Environment Act 2000[2] now prohibits smoking in many public

places, but not beaches.

According to the Heart Foundation, “Councils have the power to legislate in their own jurisdictions

to move ahead of the state wide legislation and further protect their local communities from the

harmful effects of second-hand smoke”.[3]

On 4 June 2014, NSW Health Minister Jillian Skinner affirmed this is the case, telling the

Wentworth Courier: "The Local Government Act allows councils to implement their own by-laws to

ban smoking on beaches, enforceable by council rangers".

Prohibiting smoking on public beaches will reduce residents‟ exposure to second-hand and side-

steam smoke, which contains over 4,000 chemicals many of which are known carcinogens.[4]

When non-smokers are exposed to second-hand smoke, they inhale many of the same cancer-

causing chemicals that smokers inhale, increasing their risk of heart disease by up to 25–30%.

Tobacco smoking remains the leading preventable cause of death and disease in Australia. Smoking

leads to a wide range of diseases including many types of cancer, heart disease and stroke, chest and

lung illnesses and stomach ulcers.[5]

The Heart Foundation states that “Every day, four people in NSW lose their life as a result of

cardiovascular disease caused by smoking. Smoking is the leading cause of preventable death in

NSW, with cigarettes killing half of all lifetime smokers and accounting for 5,200 deaths and 44,000

hospitalisations per year and costing the NSW community about $8 billion annually.”[6]




Further to the negative implications for public health, smoking also has a significantly detrimental

impacts on our natural environment. Annually, over 5 trillion cigarette butts are discarded

worldwide. The City of Sydney[7] disposes of an estimated 15,000 cigarette butts every day. A

decade ago Waverley Council introduced a smoking ban in response to an estimated 700 000 butts

buried on Bondi beach.

Cigarette butts contain hazardous chemicals including cadmium, arsenic and lead that are partially

filtered out during smoking.[8] When discarded, these chemicals leach into the environment

contaminating our waterways and biodiversity. Birds and aquatic animals can mistake butts for

food, resulting in serious digestive problems and sometimes death. Butts have been found in the

stomachs of young birds, sea turtles and other marine animals.

[1] http://wiki.cancer.org.au/prevention/Tobacco_control/Effective_interventions

[2] http://www.austlii.edu.au/au/legis/nsw/consol_act/sea2000247/s6a.html

[3] http://www.heartfoundation.org.au/driving-change/current-campaigns/local-campaigns/Pages/nsw-smoke-

free.aspx

[4]http://www.heartfoundation.org.au/SiteCollectionDocuments/SecondhandSmoking-ISC.pdf

[5] See Cancer Council: http://www.cancer.org.au/policy-and-advocacy/position-statements/smoking-and-

tobacco-control/

[6] http://www.heartfoundation.org.au/news-media/Media-Releases-2013/Pages/smoking-stubbed-

today.aspx

[7] http://www.cityofsydney.nsw.gov.au/live/waste-and-recycling/clean-streets/yuk-cigarette-butts [8] http://www.cleanup.org.au/PDF/au/cua-cigarette-butts-fact-sheet.pdf

Item No: 2

From: Councillor Andrew Petrie

Date: 22 July 2014

File No: 900.G

Motion

That a report be brought to the appropriate committee on the potential for installation of artificial

turf on one or more of Council's sportsfields. The report should consider social/community benefits,

a cost benefit analysis, environmental benefits, ongoing maintenance and the potential for increased

utilisation. The report should also consider potential sources of funding, including grants and

contributions by user groups.

History

A great deal of work has been done by Clrs Petrie and Wynne, in conjunction with Council staff,

local sporting groups and schools. This has included research of textures, suitability and industry

standards and has involved in particular an inspection of the facility at Endeavour Sports High at

Caringbah.




Item No: 3

From: Councillors O‟Regan & Marano

Date: 23 July 2014

File No: 900.G

That Council:

Acknowledges the public health dangers and detrimental environmental impacts associated with

smoking.

Council move to exercise its powers under the Local Government Act to prohibit smoking on

Council controlled beaches in the Woollahra Municipality.

In doing so Council takes a sensible, measured and cost effective approach that recognizes that most

people do the right thing. This approach be implemented by a staged compliance program that

emphasises individual responsibility, the role of education and awareness and targeted, appropriate

enforcement.

The staged approach adopted:

1. Smoking banned on beaches in the Municipality from 1 December 2014

2. Commencing in 2014, an education and awareness campaign in partnership with

organizations such as the Cancer Council that smoking is not acceptable on our beaches

3. Progressive installation and upgrade of signage informing the public of the no smoking ban

on beaches through appropriate images or advices to enable Council's regulatory staff to

enforce the prohibition as and when required.

4. Investigation of complaints lodged with Council, with a one year moratorium on enforcement

action, during which time, warnings will be issued to persons disobeying the smoking ban.

5. Council staff provide a summary report to Councilors on any impacts as a result of the

introduction of Council's prohibition stance and recommendations for any further steps that

could be taken.

Rationale

Smoking on public beaches has significant health risk and environmental impacts.

By adopting a policy that bans smoking supported by relevant information on signage and increased

community awareness and provides a cost effective approach.

No Council report is required and through the addition of the words „No Smoking‟ to existing

signage as minimize costs to our community.

The inclusion of the words „No Smoking‟ on existing beach signage which outlines all other

prohibited activities is sympathetic to our local beach and local context.

The „No Smoking‟ addition to existing signage will also serve to support „self-policing‟ on our

beaches.

Working collaboratively with organizations such as the Cancer Council using previously successful

low cost education strategies enhances the effectiveness of self-policing and reduces the level of

patrolling needed on our small beaches.




Questions for the Next Meeting

Item No: 13

Subject: Questions for Next Meeting

Author: Gary James, General Manager

File No: 467.G/Q 10

Reason for Report: To provide a response to Questions for Next Meeting from Council Meeting

of 14 July 2014 and for Councillors to ask Questions for Next Meeting in

accordance with Council‟s Code of Meeting Practice.

Recommendation:

That the responses to previous Questions for Next Meeting be noted.

Background:

The provision for Councillors to ask Questions for Next Meeting is contained in Section 3.2 of

Council's Code of Meeting Practice which states:

3.2 QUESTIONS FOR NEXT MEETING – No previous notice of questions required

1) As a standard practice, “Questions for Next Meeting” shall be listed in all agendas of

Ordinary Meetings of Council. The agenda item shall contain a report of the questions

asked at the last Council Meeting and the responses to those questions and provide an

opportunity for the Councillors to ask questions for the next Council Meeting.

(2) Questions asked at a Council Meeting shall also be submitted in writing.

(3) The Councillor must put every question directly, succinctly and without argument.

(4) The Mayor shall refer the question to the General Manager or responsible Division

Head, or if the question is directed to another Councillor, the Councillor concerned.

There shall be no requirement to answer the question immediately.

(5) If the answer to a question can be given immediately, and it makes sense to do so, then

such shall be done and a record made in the Minutes of the Meeting. If an answer can

be given, but not immediately, then the Mayor shall indicate to whom the question is to

be directed.

(6) In the spirit of achieving the expeditious discharge of Council business the

agenda item “Questions for Next Meeting” shall generally be limited to not more than

30 minutes duration unless the Council determines otherwise, on the evening in

question and by way of specific resolution.

Questions for Next Meeting should be asked in accordance with the Code of Meeting Practice.

Responses to Councillors Questions for Next meeting on 14 July 2014 are as follows:




Councillor Boskovitz asking:

To my dismay, recently traffic calming devices have been installed along Old South Head Road,

Rose Bay. One of the by-products of the introduction of these devices has been the loss of parking

in the precinct. Of particular concern are the lost parking spaces outside the Coles Shopping

Centre.

My questions are as follows:

1. How many parking spots have been lost?

2. What communications have the State Government or relevant department therein conducted

with Council seeking our comment on the changes?

3. What consideration was given by Council or the Traffic Committee in respect of the number

of parking spots that have been lost (I note that there has been a petition tabled regarding 2

lost parking spaces at 618 Old South Head Road).

4. What actions can the Council undertake to remove these traffic calming devices so that the

parking in this area can be reinstated?

Manager Engineering in response:

1. Approximately five parking spaces were lost.

2. Roads and Maritime Services notified Council staff that they intended to install the pedestrian

refuges on Old South Head Road. RMS undertook a letterbox drop to residents near the new

pedestrian refuges, inviting them to comment on the proposals. Following this consultation

process, RMS resolved to proceed with the proposals.

3. Old South Head Road is a State Road and as such, RMS is responsible for traffic management

and safety. Council and the Traffic Committee have no authority or jurisdiction to approve or

refuse the installation of pedestrian refuges on this road.

At the July Traffic Committee, a petition was tabled in relation to the newly installed

pedestrian refuge at 618 Old South Head Road. This matter was placed on the agenda as a “Z

Informal Item” as a courtesy only. The resident specifically requested that he be given the

opportunity to address the Committee. At the meeting, the resident was advised that the

Committee had no jurisdiction over the matter and that RMS would respond to him directly.

4. Pedestrian refuges help improve safety for pedestrians by allowing them to cross the road in

two stages. It is recommended that Council support the installation of these refuges.

Nevertheless, should Council be of a mind to pursue the removal of these pedestrian refuges,

it would need to lobby RMS.




Councillor Boskovitz asking:

In respect of the retirement of 3 very valuable staff members, what plans are in place to replace

these members of staff?

Is the intention of the General Manager to replace these staff members or to service their positions

by promoting current members of staff?

In light of extraordinarily difficult and tight budget constraints of Woollahra Council, any cost

savings measures must be considered.

General Manager in response:

One is a Manager‟s position, one is an operational Team Leader and the other is servicing the

Mayor. The recruitment has actually commenced and I think, if it hasn‟t started, interviews will

start on Friday.

Councillor Petrie asking:

I am asking the question to review the non- restrictive commuter parking in Bay Street, Double Bay

and other similar areas which is non-restrictive for the ferry commuter parking.

The residents have been using valuable parking areas on a permanent basis, some of them even

shrouding their cars for months at a time with a shroud or thing over the car.

I go to Double Bay every day and I know it‟s also in Rose Bay. I have spoken to Craig Jenner and

Tim Tuxford about it and all they did was get the guy who leaves his car permanently to move his

car from one side of the road which is 2 hours to the other side which is non-restrictive.

I am asking to at least look at what we can do about it when we can actually enforce something like

a 2 hours on a Wednesday because we are losing the whole effect of commuter travelling for ferry

people. There is not many anyway and all the residents just park there full time.

I am asking for this to be reviewed.

Team Leader Engineering in response:

Parking occupancy surveys will be undertaken in Bay Street, William Street and Ocean Avenue

along Steyne Park in Double Bay to ascertain parking turnover. Parking along Steyne Park is

currently unrestricted. Number plate surveys will be undertaken in the morning, midday, afternoon

and evening. A report with findings and recommendations will be prepared for the September

Traffic Committee meeting.




Councillor Petrie asking:

That Council report to the Council on the Skip Act, particularly why skips can stay for up to 3 or 6

months or more in a 1 hour regulated parking spot. At places like Bellevue Hill and Double Bay,

skips can sit there unattended, unworkable for up to 6 months at a time taking up valuable car spots

in our commercial areas.

I have been told that that is how the Act is. I am asking for a report on the Act. It is just absurd.

The Mayor requested that the review also look at storage vessels that sit on the streets permanently,

that store people‟s belongings that can‟t be stored in their houses.

Coordinator of Regulatory Services in response:

Data will be gathered with regard to the number and length of time bins are remaining on the streets

in the Bellevue Hill and Double Bay areas that have time restricted parking. A target date of first

Community & Environment Committee Meeting in September 2014 has been set for the requested

report.

Councillor Thomas asking:

It‟s noted that Kiaora Lane was closed on Friday for works on the old cinema. Is this ongoing and

if so, what measures are in place for the time frame of the works?

Manager Engineering in response:

There are two developments operating from Kiaora Lane.

The old cinema site, 377-383 New South Head Road has an approved Work Zone located in Kiaora

Lane. This Work Zone was approved subject to a number of conditions including:

i. The applicant shall provide information in the CMP showing that when the Works Zone is in

use there will be a minimum 3m wide through lane available past the site so that neighbouring

commercial properties are not adversely affected by the use of this Works Zone.

ii. The applicant must ensure that the traffic lanes, footpaths and driveways, adjacent to the

Works Zone, remain free of obstruction at all times during the construction.

No road closures for Kiaora Lane have been approved for this worksite. If the builder needs to

close Kiaora Lane, they must make a separate Application for a Temporary Road Closure. This

requires approval from RMS and the Traffic Committee. One of the conditions for the approval of

temporary road closures is that the local community is notified.

The other development is the Kiaora Lands Development, working on the old Woolworths site.

They have an approved Construction Management Plan which states in part:

Any queuing of construction vehicles in Kiaora Lane will be coordinated by site management

to ensure that tenancy deliveries and a minimum 3.0m clear for emergency vehicles will be

maintained.

In accordance with the Development Application permits will be obtained for the following

construction related activities on public roads (including Kiaora Lane). Road closure permits.




The CMP for the Kiaora Lands Development was approved subject to the condition, “Pedestrian

and vehicle access to neighbouring properties must be maintained at all times.”

No road closures for Kiaora Lane have been approved for Stage 2 of the Kiaora Lands

Development.

Any unauthorised road closures, which the community has not been provided advanced notification

of, should be reported to Council‟s Compliance Department at the time of the incident.

Councillor Thomas asking:

Can Mr O‟Hanlon please give us an updated report on the parking arrangements agreed during the

second stage of Kiaora Lands Project, ie reduction of cost of parking at the Cross Street car park

and whether or not we are going to keep the “30 Mins Free” along New South Head Road?

Director Technical Services in response:

The half hour free parking on New South Head Road will remain in place until the completion of

the construction of stage 2 and the 2 hour free parking scheme, which was operating in Cross Street

during the construction of stage 1, has been extended for those businesses that are operating on the

south side of New South Head Road but has been transferred to the new Kiaora Lane car park

which has been met with great delight by all of the operators down there.

Councillor Elsing asking:

Re: Paddington Business Partnership

Could staff please indicate:

1. How much has been given to Paddington Business Partnership in the last financial year,

2. What is the purpose of these funds (at the time of allocation),

3. What details does Council have of how the funds are spent?

4. What information does Council expect to receive about the use of these funds?

5. What information is available about the accounts of the Paddington Business Partnership (that

is their other expenses and income)?

Executive Planner in response:

1. For the 2013/2014 financial year the Paddington Business Partnership (PBP) received

$39,000 as a funding grant from ourselves. We approved total funding of $45,000 for the

PBP for the 2013/2014 financial year with condition that $9,000 be paid subject to a mid-

stream report.;

2. The purpose of the funding was to cover seven (7) specific activities of the PBP's operations

as contained in its Business Plan that accompanied its funding request. The activities were:

i) promote better business presentation ($1,000);

ii) business welcome kit ($1,000);

iii) regular newsletters ($3,000);

iv) study into opening hours and local needs and demands /analysis ($2,000);

v) Visit Paddington website/maintenance and 2nd stage review ($5,000);

vi) social media strategy development and implementation ($12,000);

vii) Paddington Alive Festival (Paddo Pub festival, Five Ways winter warm up, Faces of

Paddington, William Street laneway festival) ($21,000);

The amounts allocated to each of the activities is an indicative budget.




3. Under the terms of the grant agreement the PBP has to submit a mid-stream report before the

balance of the funding is handed over. The PBP have not yet submitted a mid-stream report

for the 2013/2014 financial year. Also, each of the seven (7) activities has objectives and key

performance indicators (KPIs) - under the terms of the grant agreement future sponsorship is

dependent on the PBP meeting the performance criteria (objectives) and KPIs. Therefore, the

PBP will need to demonstrate that the funds have been appropriately spent when they apply

for future funding.

4. We expect to receive a report on the PBP's activities with regard to the activities as set out in

the grant agreement. This will include the activities of the project, media reviews,

promotional activities and any feedback from audiences.

5 The information available about the accounts of the PBP is what is provided as part of its

funding requests. This has included itemised profit and loss statements and budget

expenditure, i.e. budgeted expenditure and actual expenditure, for its various activities.

Councillor Keulemans asking:

A point of clarification on my previous Question For Next Meeting, can Council Officers advise

when the brief for St Brigid‟s will be presented?

Will it be a part of the briefing on the new library plans or perhaps more appropriately as a separate

briefing?

When is the library briefing?

Director Community Services in response:

As for the briefing on the new library, we are looking at doing that in the beginning of August in a

few week‟s time when we have finalised a few things. It will be a very detailed briefing and we

will be giving the Councillors plenty of notice on that.

As far as the St Brigid‟s brief, that information will go to the Assets Working Party which I

understand is to be done in August as well.

General Manager further in response:

That brief is to explore options, it doesn‟t have any definitive decision in relation to what we will be

doing with it.




Councillor Robertson asking:

Has Council received a response from Minister Skinner in relation to responsibilities for beach

smoking bans?

Mayor in response:

A response was received soon after they received my letter and it simply said that the letter was

received and they are giving back to Council the ability to make the decision on it. They didn‟t

answer the questions we posed to them in that letter. I will circulate that letter to the Councillors.

Manager Governance further in response:

Council received information which was thought to be on behalf of the Minister that referred to

Council's capacity to regulate smoking on beaches through the Local Government Act.

As it turns out this was not the case and we received a response to Council's letter from The Hon

Melinda Pavey MLC, Parliamentary Secretary for Regional and Rural Health on behalf of Minister

Skinner on 17 July 2014 which states:

Thank you for your correspondence to Jillian Skinner MP, Minister for Health and Minister for

Medical Research, concerning smoking bans on public beaches. Mrs Skinner has asked me to

respond.

Following amendments to the Smoke-free Environment Act 2000 in January 2013, smoking is

banned at a number of public outdoor areas including within 10 metres of children's play

equipment, open areas of public swimming pool complexes, transport stops and stations, spectator

areas of sports grounds and within 4 metres of a pedestrian access point to a public building. From

6 July 2015, smoking will also be banned in commercial outdoor dining areas. NSW Health is

responsible for the administration and enforcement of the Act and NSW Health Inspectors are

authorised to enforce these bans.

I can advise you that in choosing outdoor areas to be covered by the Act, the NSW Government

carefully considered the content of over 800 formal submissions on the Strategic Directions for

Tobacco Control in NSW 2011-2016 Discussion Document. Levels of community support for

additional smoke-free settings, available evidence on the health effects of outdoor smoking and the

tobacco control measures of other jurisdictions at that time were also considered.

Many NSW local councils have banned smoking in outdoor areas, including beaches, by using their

powers under the Local Government Act 1993. The 2012 Heart Foundation Survey of NSW

Councils report found that across NSW, 98 of the 152 local councils had adopted some form of

smoke-free outdoor areas policy, of which 19 of them had banned smoking on beaches. A resource

kit to support local councils to develop their own smoke-free outdoor areas policy has been

developed and can be accessed online at: http://www.heartfoundation.org/driving-change/current-

campaigns/local-campaigns/Paqes/nsw-smoke-free-resources.aspx.

Thank you again for raising your concerns with the NSW Government. Should you require any

further information regarding tobacco control in NSW, please contact the Tobacco Information

Line on 1800 357 412 or at: [email protected].




Councillor Robertson asking:

To the Mayor.

As Chair of the Oxford Street Working Party, will you consider a Mayoral Minute outlining where

we‟ve arrived at in relation to the Village Well Report, your collaboration with Lord Mayor Clover

Moore and the City of Sydney Council, and where the revitalisation process is headed next?

In my view, this may give our local community and retailers some certainty going forward.

Mayor in response:

I‟d love to.

Executive Planner further in response:

The following comments are provided to assist in the preparation of a Mayoral Minute.

The Village Well report was received on 20 May 2014. It was on the agenda for discussion at the

Oxford Street Working Party meeting on 28 May 2014. In accordance with the outcome of those

discussions, staff are preparing a report to the Urban Planning Committee incorporating feedback

from Working Party members and options for the development of an implementation strategy. The

staff report is expected to be considered at the Urban Planning Committee meeting on 28 July 2014.

There are two (2) aspects of where the revitalisation process is headed next. Firstly, work is already

being done to revitalise Oxford Street and this work will continue irrespective of the Village Well

report. These include works and actions consistent with parts of the Village Well report. The

second aspect is the Village Well report. It is a placemaking approach to activating Oxford Street

which represents a new and different approach to how we have traditionally inter-related with our

business districts. It represents an opportunity to focus efforts to optimise the revitalisation of

Oxford Street.

Ultimately it is a matter for council to decide, in its deliberations on the staff report, how it will

respond to the Village Well report. It may respond by adopting the report's recommendations either

wholly or in part or it may respond in some other fashion.

The Village Well report itself contains a number of recommendations for revitalising Oxford Street

and council will need to decide how it will respond to those recommendations. If the council adopts

the recommendations, either wholly or in part, then implementation could be in accordance with the

staff's recommendations, subject to any variations that the council may consider to be appropriate.

There are two (2) categories of recommendations in the Village Well report, 'Quick Wins' and

Priority Initiatives. It is likely that action will commence to implement the appropriate 'Quick Win'

recommendations immediately. The Priority Initiatives are generally longer term and will have to

be implemented over time. Resourcing of the recommendations, and in particular the Priority

Initiative recommendations, are likely to have budget implications that will need to be worked

through. It is essential to the successful implementation of the recommendations that the business

community accept responsibility and ownership for various actions.




We have been in close contact with the City of Sydney over a range of issues relating to the

revitalisation of Oxford Street. Both councils share responsibility for the street and it is beneficial

that a close working relationship is maintained and enhanced. The Lord Mayor has acknowledged

our shared responsibility towards traffic and parking issues and has suggested a joint approach to

the Roads Minister. She also recognises the challenges we face in activating vacant commercial

properties and achieving an appropriate business mix and has indicated that agreed ideas from the

Village Well report will be integrated into the City's Oxford Street Village Business Action Plan.

The Lord Mayor provided information on enhancing the cultural and community role of the

Paddington Town Hall and Paddington Reservoir Gardens. She has stated that the City looks

forward to seeing us further develop our plans for Oxford Street and believes that there are strong

opportunities to work together on various common issues.

Gary James

General Manager




Political Donations – matters to be considered by Councillors at Meetings

Action Declare a significant non-pecuniary conflict of

interest, absent yourself from the meeting and take no further part in the debate or vote on the matter

(Code of Conduct Cl 4.16b)

Action

Consider appropriate action required. This could include limiting involvement by:

1. participating in discussion but not in decision making (vote), 2. participating in decision making (vote) but not in the discussion

3. not participating in the discussion or decision making (vote) 4. removing the source of the conflict

Do you believe the political contribution creates a significant non-pecuniary conflict of interest

for you?

(Code of Conduct Cl 4.23)

Action Declare a significant non-

pecuniary conflict of interest, absent yourself from the meeting

and take no further part in the debate or vote on the matter

(Code of Conduct Cl 4.16(5)

Staff to record decision process (motions/amendments) and Division of votes for the determinative resolution or recommendation in the

meeting minutes.

Matter before Committee or

Council Meeting

Did the applicant, owner (if not the applicant) or someone close

to the applicant make a donation in excess of $1,000 that directly benefited your

election campaign? (Code of Conduct Cl 4.21)

Is the matter before the meeting

a Planning Matter?

Action

Participate in debate and vote on the matter

Did the applicant or someone close to the applicant make a donation less than $1,000 that directly benefited your election

campaign?

(Code of Conduct Cl 4.2)

Staff to record decision process (motions/amendments) and Division of votes for the determinative resolution or recommendation in the

meeting minutes.

No

No No

No

Yes

Yes Yes

Yes

Yes