COUNCIL 15 SEPTEMBER 2014
ITEM 10. QUESTIONS ON NOTICE
PUBLIC TOILETS ACCESS FOR PADDINGTON TOWN HALL LIBRARY USERS (S103145)
1. By Councillor Green
Question
The City of Sydney owns and is responsible for the maintenance, infrastructure and management of the Paddington Town Hall.
Woollahra Council manages the library facility, but the City is responsible for the utilities.
It has come to my attention that there are no toilet facilities available for those using the community library in the building.
Can the City rectify this situation and make available easy access to toilet facilities already installed in the building and, if so, when?
Answer by the Lord Mayor
Paddington Library, housed in Paddington Town Hall, is a joint initiative by the City of Sydney and Woollahra Municipal Council. In 2011, Woollahra Municipal Council (WMC) proposed a significant internal refurbishment to enhance the library’s attraction, utilisation and features. Both WMC the City of Sydney have allocated funds in 2013/14 complemented by a State Government Library grant facilitated by WMC.
The 2014/15 Capital Works program includes the upgrading the interior of the library. The scope of work proposes new shelving, painting, carpet, reception areas and a refurbished children’s area with new story-time cushions, tables, chairs and shelving. A DDA compliant access ramp, handrails and sliding doors will also be constructed. Works will be completed by 30 June 2015.
The library includes a staff toilet which is accessed through the staff kitchenette area.
The City is investigating options for the installation of an accessible public bathroom within Paddington Town Hall and library so that visitors can stay at the library longer. The feasibility study should be completed by December 2014 and a report will then be submitted to Council for funding approval.
MAYORAL TRAVEL (S103141)
2. By Councillor Mandla
Question
From time to time, The Lord Mayor and relevant staff travel interstate and overseas for various Council business and Council resolved trips.
Please list the trips the Lord Mayor and/or the CEO or their representatives have undertaken in the past four financial years. Include itineraries, trip reports and estimated carbon footprint of those journeys.
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Please itemise the cost of that travel, including the flights, accommodation, meals, beverages and other expenses of the Lord Mayor and staff. Please list number of staff or delegates that have accompanied the Lord Mayor and why they accompanied the Lord Mayor and/or the CEO or their representatives.
Answer by the Lord Mayor
All international travel by the Lord Mayor and Councillors is approved by Council with a report provided to Council following the travel. A budget is approved by Council and costs reported to Council in the relevant Quarterly Report.
I have undertaken the following international travel in the past four years:
• C40 São Paulo Summit: Approved by Council 6 December 2010; final report to Council 7 November 2011. The CEO and three staff also participated to provide support, share information and promote the City.
• China International Fair Trade in Services and World Cities Summit in Singapore: Approved by Council on 31 May 2014; Lord Mayoral Minute to Council 23 June 2014; final report being prepared. Councillor Robert Kok and two staff participated in the travel to China to provide support, share information and promote City.
On 18 November 2011, Council approved my participation in the C40 Large Cities Climate Change Summit in Johannesburg. I was unable to attend and the City’s Chief Executive Officer represented the City and one staff member.
The CEO presented at international events in Abu Dhabi (April 2014) and Auckland (May 2014) with the costs of travel and accommodation paid by the conference organisers.
In the past four years, I have travelled interstate to attend Council of Capital City Lord Mayor’s Meetings; the former Federal Government’s urban Policy Forum (Canberra); and to speak at the PIA National Congress (Canberra) and National Press Club (Canberra). Normally the CEO and one staff member also attend.
METROPOLITAN MAYORS ASSOCIATION (S103141)
3. By Councillor Mandla
Question
On 13 May 2013, Council resolved to support the formation of the Sydney Metropolitan Mayors Association (SMMA) pledging $10,000 of rate payer money to its formation. It should be noted that Councilor Edward Mandla and Councilor Christine Forster both voted against this motion, citing its purpose was to delay and thwart the State Government’s intention to bring about long overdue and much needed reform to Local Government.
1. Please provide a list of Councils that are members of SMMA. 2. Please list the members of the executive and their political affiliations. 3. Please list the frequency of meetings including the dates of the last five meetings. 4. Please list Councils that declined to join SMMA.
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Answer by the Lord Mayor
Sydney Metropolitan Mayors was established in July 2013 and comprises twenty-two of the thirty-eight councils in the Sydney metropolitan area. Member councils reflect all political persuasions.
Member councils include: Auburn Council, Ashfield Council, Bankstown City Council, Blacktown City Council, Botany Bay City Council, Burwood Council, Canada Bay Council, City of Canterbury, Fairfield City Council, Holroyd City Council, Hunter’s Hill Council, Leichhardt Council, Manly Council, Marrickville Council, Mosman Council, Pittwater Council, Randwick City Council, Rockdale City Council, Ryde City Council, Strathfield City Council, the City of Sydney and Woollahra Council.
Further information is being sought from Sydney Metropolitan Mayors (the name adopted at the meeting of mayors to formally establish the association) and will be provided in a future CEO Update.
USE OF THE MP TITLE (S103141)
4. By Councillor Mandla
Question
In 2013, the State Government passed a law forbidding elected state Members of Parliament (MP) from being a Councilor and an MP. This was an appropriate and widely supported law which every State in Australia had already enacted. At the time, 27 MPs had to make a choice to fully concentrate on one job. All but the Lord Mayor of Sydney decided to step down in their roles on Council. The Lord Mayor voluntarily decided to step down from Parliament in order to continue as Lord Mayor of Sydney.
The Lord Mayor continues to use the title MP after her name on various publications even though the Lord Mayor is no longer a Member of Parliament.
Parliamentary rules state that a Minister can keep the title Hon (Honourable) for three years after leaving parliament but you cannot continue to use MP after leaving Parliament.
Why is the Lord Mayor continuing to use the MP title?
Answer by the Lord Mayor
On 20 September 2012, I was forced to resign from Parliament because of legislation enacted by the O'Farrell Government, with the support of the Shooters and Fishers Party and Fred Nile's Christian Democratic Party which banned the holding of elective positions in both State and local government.
This anti-democratic legislation overturned a right of the people to determine who their representatives should be, a right that had existed since the beginning of representative government in this State in 1856.
Just 18 months before the passage of this reprehensible legislation, the people of my electorate had democratically chosen me to be their representative for the seventh time.
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Following my resignation from Parliament, I adopted the practice of striking out “MP” on my Lord Mayoral letterhead, rather than subject the City of Sydney to the additional expense of printing new letterhead. I also requested that “MP” be removed or struck out wherever it was used, and not appear after my name on documents created following my forced resignation. This includes new letterhead once supplies of the previous letterhead were exhausted.
I invite Councillor Mandla to provide any examples where “MP” has been inadvertently used after my name.
PARKING RANGERS (S103141)
5. By Councillor Mandla
Question
At the August 2014 Committee Meeting, Councillors were told that a $5.9 million drop in enforcement revenue was due to better compliance amongst the driving public. Councillor Edward Mandla asked whether the drop could be attributed to poor morale with parking rangers. He cited the Warfield Report, which no one in the Chamber could recall but was found after a subsequent Question on Notice, but is classified confidential.
Following on from the Questions on Notice put to the Lord Mayor last month:
1, Who currently occupies the position of Principal Officer with the City of Sydney Council and what are the powers and duties of that position?
2. To whom does the Governance unit report, what are its tasks and what are the powers and duties of the individual staff positions in this unit? What statement of duties or functions of this role exists? Please provide a copy of the job description.
3. To which staff position in Council is the authority vested to oversee the application and good management of the Code of Conduct.
4. What mechanisms exist to ensure fairness and equity as the Code of Conduct is applied to staff at all levels of the organisation?
5. What safeguards exist to protect individual staff members from being bullied or intimidated by superiors misusing the Code of Conduct?
6. What provisions exist to ensure that interview panels for job applications will be selected so as to avoid nepotism and cronyism?
7. How is a disciplinary hearing initiated?
8. Who decides or how is it decided whether a disciplinary hearing is warranted?
9. How are decisions reached when disciplinary interviews are conducted and how is the constitution of the interview panel decided so as to avoid perceived conflicts of interest or perceptions of managerial bullying?
10. What are the provisions for appeal against a decision of the disciplinary panel or to ensure procedural fairness?
11. What are the present figures involving the Rangers unit as they relate to:
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(a) Number of grievances lodged alleging bullying (b) Number of final warnings issued (c) Number of disciplinary matters presently on foot
12. How many cases involving correspondence to Council by legal representatives, acting for aggrieved members of the Rangers’ Unit, have occurred in the last two years?
13. Has Council ever had a position on staff with the title or function of Ombudsman?
Answer by the Lord Mayor
These questions relate to staffing and operations matters that are the responsibility of the CEO. The CEO has supplied me with the following information.
1. There is no position of Principal Officer.
2. The Governance unit reports to the Director Legal and Governance. Tasks, powers and duties are set out in position descriptions for each position which will be circulated. The positions also have tasks, powers and duties inherent in and incidental to those contained in position descriptions.
3. The Chief Executive Officer.
4. Professional conduct of staff as overseen by the CEO, the Code itself, Office of Local Government Procedures for Administering the Code of Conduct, oversight agencies such as the Office of Local Government and the Ombudsman, City policies including the Harassment and Bullying Policy and the Disciplinary Policy and the City’s values of integrity, respect and courage.
5. See previous answer.
6. In accordance with the City’s Recruitment and Selection Policy, the principles of merit selection apply throughout the recruitment and selection process, including the declaration of any conflict of interest by panel members.
7. The City’s approach to managing disciplinary matters is outlined in the Disciplinary Policy and the Staff Complaints Policy. The employee is advised in writing to attend a meeting to discuss the particular performance or conduct concerns. The employee is asked to bring a support person to the meeting. At the meeting, the employee is given the opportunity to respond to specific allegations and ask questions.
8. The manager, in consultation with a human resources representative, considers the matter and any relevant information in order to decide whether a meeting with the employee is required.
9. After each meeting, the employee’s responses, along with other relevant information, are considered prior to any further steps. To ensure procedural fairness, the meeting is attended by a member of management, a representative from human resources, the employee and the employee’s support person.
10. An employee may appeal a disciplinary outcome or procedure by following the Staff Complaints process as outlined in the Staff Complaints Policy.
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11. The City has a responsibility to protect individuals’ personal information. Details of current and completed employee matters are not disclosed publicly because of the risk of disclosure of individual staff members’ personal information. Public disclosure of information about current investigations can also adversely impact on the individuals involved and the integrity of the investigation.
12. See previous answer.
13. No.
ANTI-BUSINESS VOTE RALLY (S103141)
6. By Councillor Mandla
Question
A Lord Mayoral minute from the August 2014 Council meeting gave approval for the Lord Mayor to spend unlimited ratepayer money to fight the State Government from supporting the Borsak Bill (Shooters and Fishers Party). The Bill seeks to make it easier for businesses to vote in the City of Sydney Council elections and to restore democracy to businesses that contribute 78% of rate revenue and an estimated 60% of total revenue. This motion was not supported by Councillor Edward Mandla and Councillor Christine Forster.
Part of the motion was to spend ratepayer money to hold a rally on Saturday 6 September 2014. Ratepayer money was also to be used to advertise this rally, namely, sending a letter to every resident asking residents to attend the rally to stop this bill from restoring democracy to the business rate payers which the Lord Mayor, with the help of the Carr government in 2002, passed laws to silence the business rate payers. Advertisements were placed in media as well as on Grindr.
Even with the help of Getup and the Labor and Green parties also heavily promoting the rally within their membership, less than 300 people attended.
1. What was the total cost of arranging the rally including (but not limited to) the cost of: (a) filming the rally; (b) advertising; (c) administration; (d) catering; (e) printing; (f) postage; and (g) all other costs of fulfilling the relevant motion passed by Council in respect of the rally.
2. Part of the rally was held in the Lord Mayor’s reception room which can hold approximately 150 people standing. What is the value-in-kind of the use of the room and was catering provided?
3. When will the unedited version of the recorded rally be made available to Councillors?
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Answer by the Lord Mayor
The costings were in alignment with the Council resolution to stage and promote the event. They totalled $58,830 for print and distribution, newspaper advertising, video of keynote speakers, specialist photography.
Administration was undertaken in-house.
There is no cost or catering associated with use of the Lord Mayor’s Reception Room.
The video will be available for distribution following the editing process.
2012 LOCAL ENVIRONMENTAL PLAN (S103141)
7. By Councillor Mandla
Question
In 2012, the Local Environmental Plan (LEP) was changed.
1. What is the impact of the LEP 2012 change to residents in Macleay Street, Potts Point. 2. On what basis was the LEP changed? 3. Was an urban design and contextual analysis prepared and, if so: (a) By whom? (b) Who was the analysis prepared for? (c) Who received it? 4. Were any properties in Macleay Street, Potts Point a potential beneficiary of this? 5. How were residents informed of the proposed changes to the LEP? 6. How many submissions were received?
Answer by the Lord Mayor
1. Sydney Local Environmental Plan 2012 (LEP) consolidated planning controls for the whole of the City of Sydney LGA into a single plan.
Prior to Sydney LEP 2012, planning controls for Macleay Street were contained in South Sydney LEP 1998 and South Sydney DCP 1997, except for 2 to 8 Macleay Street, which were in Sydney LEP 2005. The maximum building height and floor space ratio controls for Macleay Street were contained in the South Sydney DCP 1997.
The NSW Government required height and floor space ratio controls to be in the LEP rather than the DCP. The government also required councils to use standard definitions. This change in definition affected building height. Under the South Sydney DCP 1997, building height was measured to the ceiling of the uppermost floor. Under the LEP, building height is measured to the uppermost part of the building and includes roof forms, lift overruns and plant. Three metres was added to the previous height controls to allow for roof forms, lift overruns and plant.
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The Sydney LEP 2012 contains the primary controls for building height, floor space ratio, heritage, land use zoning and car parking. No substantive changes were made to the zonings or heritage listings for Macleay Street as part of the LEP 2012. HMAS Kuttabul was converted from a residential to a Special Uses zone. Changes to car parking rates occurred throughout the City. Generally, for residential flat buildings in the Potts Point area, they were reduced and set as a maximum. The LEP changed the height and floor space ratio controls for properties on Macleay Street to reflect the existing built form and character of the area.
2. The LEP was changed as the NSW Government required all councils to prepare new LEPs in a standardised format. The City also needed to consolidate the three LEPs from the amalgamated council areas into a single plan.
The LEP was informed by studies into a range of issues, including urban design studies for the major village areas. The urban design studies analysed the built form and urban character of the village areas, prepared character statements to guide development and recommended future planning controls, including height, floor space ratio and land use.
3. The City East Urban Design Study was prepared by Allen, Jack and Cottier with Godden Mackay Logan for the City in 2006. The draft study was exhibited in May and June 2006, and in October 2006 Council noted the final report and that the study would inform the LEP.
4. The height controls of all properties in Macleay Street were changed to allow for the new definition of height. Other properties received an increase in the LEP height to reflect their existing height. This occurred when the height shown in South Sydney DCP was lower than the actual height of the existing building. Other properties had a height increase in response to the height of neighbouring development, allowing those properties the opportunity to develop to a scale consistent with the neighbourhood.
5. Residents were informed and had input into the urban design study through community meetings in November 2005 and March 2006. The draft study was placed on exhibition during May and June 2006, and 26 of the submissions received related to the City East area. The final study, including changes in response to submissions, was noted by Council in October 2006.
For public exhibition of Sydney LEP 2012, advertisements were placed in The Sydney Morning Herald, the Financial Review, The Australian and local newspapers and it was notified on the City’s website. 105,800 individually addressed letters were sent to landowners; at least 70,000 were included with a scheduled rates notice. Letters were also sent to landowners who had requested rezoning of their land; who had a property with a zoning different to that recommended in an exhibited study; and who were affected by changes to a heritage listing. City staff contacted community and industry stakeholders, neighbouring councils, and individuals known to have a particular interest in the exhibition by telephone or emails. City staff also met directly with residents’ groups and industry representatives to explain the plan.
6. More than 1,000 submissions were received to the draft LEP across the whole council area. 77 submissions related directly the City East area and 52 of those related to properties on Macleay Street.
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POLITICAL WEBSITES (S103146)
8. By Councillor Doutney
Question
What political websites are blocked by the City’s internal internet filter?
Answer by the Lord Mayor
The City uses a commercial service provider to categorise web sites.
No restrictions have been placed on staff access to web sites categorised as government or political.
Web filters currently used by the City of Sydney include disallowing all access to adult/sexually explicit sites, criminal activity sites, hacking sites, gambling sites, and intolerance and hate sites.
Additional restrictions apply in some special use cases. These include:
• Public access terminals in Libraries that can only access the Library catalogue. • Workstations in child care centres. • Some operational field staff who only have access to specific web sites appropriate to their work.
AFFORDABLE HOUSING (S103146)
9. By Councillor Doutney
Question
In regard to affordable housing in the City:
1. Was the sale of land at Joynton Avenue from the City to City West Housing transacted at market rate and what processes were undertaken to arrive at a price? 2. As part of the forthcoming sale of land at the Harold Park site from the City to a community housing provider, does the City anticipate selling this land at market rate? How will the price for the sale be decided? 3. What is the governance process for the management and expenditure of the money received from the anticipated sale of land at Harold Park?
Answer by the Lord Mayor
1. The sale of a portion of the former South Sydney Hospital site was transacted at market value reflecting the proposed use and supported by an independent valuation. The price was less than an open market valuation for a mixed use development. A widely marketed expression of interest for the land, including principle conditions of sale, yielded competitive offers.
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2. The price is likely to be less than open market value for a mixed use development due to the restriction on use to affordable housing and the limited number of Class 1 and 2 community housing providers which may bid for the land. The evaluation process will consider the number/type of affordable units being provided, price offered and the financial capacity and capability of the community housing provider in determining the recommended proposal.
3. The Council is not expected to receive the sale proceeds until the second quarter of 2015 when the sale is completed. Funds will be reserved by the Chief Financial Officer to ensure that expenditure is only allocated to affordable housing projects in accordance with Council endorsed procedures and approvals.
The procedure for selection and recommendation of future affordable housing projects to be funded from those monies will be developed before the sale is complete and Council’s approval obtained.
RSPCA (S103146)
10. By Councillor Doutney
Question
Who are the RSPCA badged Police Officers/Special Constables? Do the City’s Animal Welfare Officers have a working relationship with them?
Answer by the Lord Mayor
The RSPCA has informed City staff they have no staff who are “badged Police Officers/Special Constables”. NSW police can prosecute matters under the Protection of Cruelty to Animals Act under their own authorities.
The RSPCA also advised they have seven inspectors who cover the City of Sydney area. The City’s two Companion Animal Liaison Officers have a working relationship with the RSPCA.
PARK CLEAN UPS (S103146)
11. By Councillor Doutney
Question
In relation to recent clean ups undertaken by Police at Walla Mulla Park in Woolloomooloo and Wentworth Park in Glebe:
1. What items are being removed from the park? 2. Is there a process whereby homeless people living in the park can retrieve any possessions lost in the clean up? 3. Are the officers conducting the clean-up leaving bedding items on site? 4. What involvement do City staff have in these park clean ups?
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Answer by the Lord Mayor
The City aims to ensure that our parks and public space are accessible and can be enjoyed by everyone, including people who are homeless. The City encourages responsible behavior by all people in our public spaces whilst acting to ensure that people who may be disadvantaged are not discriminated against and are treated with compassion and respect.
The City employs two public space liaison officers who work with City business units, service providers and other external stakeholders to manage the impacts of homelessness in the public domain whilst ensuring that vulnerable people have access to the support they need.
Both Walla Mulla Park and Wentworth Park are occupied by rough sleepers. In order to maintain the safety of these areas and manage the buildup of items, regular clean ups are required. The homelessness unit works with rough sleepers to negotiate removal of unwanted nominated items. Items removed in the past have included furniture (lounges, beds, dressers), shopping trolleys, mattresses, soiled blankets, bags of paper and general waste.
In order to ensure the opportunity exists for personal effects to be claimed, the public space liaison officers provide advanced notice of the clean-up, discuss the need for items with the homeless persons, and encourage them to be on site at the time the collection takes place.
In settings such as Wentworth Park this notice is given at least 48 hours prior to the clean-up, which is required every 6 weeks. Walla Mulla Park requires daily cleaning due to higher numbers of homeless people and the build-up of materials. In this instance, both the Police and the public space liaison officers visit the site and discuss the needs of the homeless persons with them. They are advised to collect all personal items and store them within lockable bins supplied by the City by 7.30am daily. As the area has a transient homeless population, many items are left unclaimed. City waste and cleansing teams service the site daily at 9am and remove any unclaimed items. The City never disposes of items deemed to be of a personal nature, eg, diaries, personal papers, bail notices, housing applications, ID. Attempts are made to locate the owner of the property, or a responsible adult who knows the person named in the personal items, and leave it with them. Otherwise, the items are handed to Police.
The lockable bins are checked by City staff and homeless people every two months and cleaned. Over the past two weeks, Police have conducted two larger clean ups and requested assistance by City staff. This involved removing items placed by Police on the corner of Cathedral Street and Forbes Street. Police coordinated, and assisted with, this clean up.
These prearranged clean ups are conducted and, where necessary, the Police. They allow the homeless people the opportunity to discuss their needs, retain personal and essential items such as bedding, and to discuss support and longer term housing options.
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PUBLIC ART (S103142)
12. By Councillor Scott
Question
What are the risks to the City regarding the artistic originality of the artwork Pavilion?
Answer by the Lord Mayor
Mr Armanious’ artwork is a 13.66(h) x 15(w) x 15(d) metre fibreglass blue structure which will perform the task of a pavilion. It is understood Mr Kennedy’s 2005 wooden structure measured 3(h) x 3(w) x 3(d) metres, with the interior measuring 2.4 metres high. This referenced residential suburban ceiling heights, therefore allowing for a small number of people to occupy the interior.
Mr Armanious has confirmed he had no prior knowledge of Mr Kennedy’s work exhibited in regional Victoria as part of the 2005 McClelland Sculpture Survey & Award and has rejected all assertions that he has infringed Mr Kennedy’s copyright.
It is important to note that there was very little coverage of Mr Kennedy’s work in the public domain as a result of his 2005 entry.
As succinctly summarised by The Age’s Melbourne art critic Robert Nelson, "If you study art history, you know that if you draw a nude it's never going to be completely original. It's a similar effect with the crate." (http://www.smh.com.au/entertainment/art-and- design/crate-moments-in-art-history-20140731-zyw51.html#ixzz3Cs2B6iFA).
The City is confident there is no basis to Mr Kennedy’s allegation of copyright infringement.
NATIONAL ANTI-RACISM STRATEGY AND ‘RACISM. IT STOPS WITH ME’ CAMPAIGN (S103142)
13. By Councillor Scott
Question
On 12 May 2014, Council resolved to endorse the National Anti-Racism Strategy and sign the supporter agreement to official support the ‘Racism. It Stops With Me’ campaign.
Has the City of Sydney completed the supporter agreement form to become an official supporter of the Australian Human Rights Commission campaign, ‘Racism. It Stops With Me’?
If yes, when was this agreement returned to the Australian Human Rights Commission?
If not, when will this agreement be signed and returned to the Australian Human Rights Commission?
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Answer by the Lord Mayor
The supporter agreement for the Racism It Stops With Me has been signed by the Chief Executive Officer. It has been returned to the Australian Human Rights Commission and is expected to be finalised with the Australian Human Rights Commission shortly. As soon as the City has confirmation from the Australian Human Rights Commission, the City will promote the campaign under the the Racism It Stops With Me logo on the City of Sydney website.
It must be noted that the City is a strong advocate for a society that is free of racism. We wrote to the Federal Minister opposing proposed amendments to the Racial Discrimination Act, which have since been dropped. We take a lead role in supporting significant national events including Reconciliation Week, NAIDOC Week and Harmony Week. We have highly regarded programs to support international students. Our community centres provide programs to support and celebrate our diverse community, and we provide extensive support to community groups delivering initiatives to promote cultural learning and harmony. We ensure City employees have strong cultural understanding capability through cultural awareness training and we have commenced work on our inaugural Reconciliation Action Plan.
Formally signing up to the Racism It Stops With Me acknowledges the City’s considerable efforts to promote a diverse and inclusive society, recognising that our community is made up of people from over 180 nations with diverse cultures, practices and beliefs. Nearly half of the City’s residents were born overseas. The City is home to one of Sydney’s largest communities of Aboriginal and Torres Strait Islander people and has been recognised as home to the largest population of GLBTIQ people in Australia. The City is proud to support this diversity and believes that diversity is an asset.
SYDNEY LOCAL ENVIRONMENT PLAN 2012 (S103142)
14. By Councillor Scott
Question
How many sites in the City of Sydney are currently built above the height limit for that site in the Sydney Local Environment Plan 2012 and other planning instruments that apply in the City?
How many sites in the City of Sydney are currently built with a greater FSR than permissible for that site under the Sydney Local Environment Plan 2012 and other planning instruments that apply in the City?
Answer by the Lord Mayor
There are 26,988 properties in the City of Sydney according to the City’s 2012 Floor Space and Employment Survey (FES).
The City has not identified the number of properties currently built above the height and floor space control. This number can be determined in part by the Central Sydney Capacity Study, which is currently being prepared.
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The purpose of the Central Sydney Capacity Study is to estimate the overall development capacity under the City’s planning controls. It determines the potential floor space that can be achieved if property was to be developed to the maximum floor space under the planning controls. It then identifies additional capacity by calculating the difference between the potential capacity and the existing floor space based on the FES. The City’s three-dimensional electronic built form model is used to estimate the height of buildings.
A capacity study for the City of Sydney is usually undertaken every five years as it uses data from the FES. The last comprehensive capacity study was undertaken in 2008. The Study was updated in 2010 for the draft Sydney LEP 2010.
The Central Sydney Capacity Study has been brought forward as part of the review of the Central Sydney planning controls. There are 1,008 sites in Central Sydney, excluding sites such as Barangaroo. The draft Capacity Study estimates that 225 sites have been built above the height control and 95 sites exceed the FSR control.
The City will consider a capacity study for the remainder of the local government area in the future. The results of this work will estimate the number of sites that are currently built above the height and floor space limit in Sydney LEP.
CITY FARM (S103142)
15. By Councillor Scott
Question
Have any flyers or advertising materials been distributed regarding the proposal for a City Farm? If so, please provide a breakdown by year of how many, what for, and what was the cost of design, printing, and distribution since 2009?
Please provide a breakdown by year of the cost of public consultation and any other promotional activities the City has conducted regarding the proposal for a City Farm since 2009, including a breakdown of cost for each public consultation or other promotional activity event.
Answer by the Lord Mayor
The City commenced work on the proposal for a City Farm in late 2009. A series of community consultations have been undertaken at key points in the project to obtain feedback from the community and communicate how the project is progressing.
The community consultation activities and associated costs for the City Farm project by year are:
2009/10 – Nil.
2010/11 – City Farm Feasibility Study – 3 community consultations at a cost of $9,000 were incorporated into the consultancy services.
2011/12 – Nil.
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2012/13 – City Farm community day July 2012 - Promotional materials were designed and printed in house and distributed. There were material costs of $120 and distribution costs of $1,395. Event management costs for the day, including petting zoo, plant giveaways, refreshments and guest speakers, were $12,895.
City Farm community consultation October 2012 - This was a targeted community consultation to community members who registered interest in the project at the July community day. No costs associated with marketing or advertising materials. Catering costs of $185.
City Farm Summer Garden January to March 2013 - Promotional materials were designed in house. Material costs for park signage were $1,155. Design and construction services for the temporary installation were $25,000. Delivery of 10 weekend programs $7,500. Harvest Day $2,500.
City Farm two week promotional stand at the 2013 Easter Show. Construction and removal of planted display and promotional banner cost $7,400.
2013/14 - City Farm promotional seed packets June 2014 – Design costs $1,590.
2014/15 - City Farm promotional seed packets July 2014 – Printing and delivery costs $4,200.
The total expenditure to date on flyers and advertising materials is $8,645. The total expenditure on consultations and promotional events is $64,295.
LEGAL MATTERS (S103141)
16. By Councillor Mandla
Question
The City of Sydney conducts a large number of legal matters in a variety of jurisdictions as an Applicant and Respondent. The conduct of legal matters is a substantial cost and the City of Sydney devotes substantial resources to the conduct of matters.
Please advise:
1. The number of matters that were commenced against the City of Sydney in all jurisdictions in the 2014, 2013 and 2012 financial years by jurisdiction.
2. The number of matters that were commenced by the City of Sydney in all jurisdictions in the 2014, 2013 and 2012 financial years by jurisdiction.
3. The number of matters that were resolved with judgement or verdict in the City of Sydney favour during the 2014, 2013 and 2012 financial years.
4. The number of matters that were resolved with judgement or verdict against the City of Sydney during the 2014, 2013 and 2012 financial years.
5. The number of matters that were withdrawn or abandoned by the City of Sydney in the 2014, 2013 and 2012 years by jurisdiction.
6. The number of matters that were withdrawn or abandoned against the City of Sydney in the 2014, 2013 and 2012 financial years.
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7. The total legal costs that were paid by the City of Sydney to other parties in legal proceedings as a result of cost orders against the City of Sydney in the 2014, 2013 and 2012 financial years.
8. The total legal costs that were recovered by the City of Sydney from other parties in legal proceedings in the 2014, 2013 and 2012 financial years.
Answer by the Lord Mayor
With the exception of the particulars of legal costs paid to other parties in legal proceedings as a result of cost orders against the City of Sydney, the information requested is contained within the annual report of Council each year. Information relating to the 2012 financial year can be located at p.32-33 of the City of Sydney Statutory Returns and Financial Statements 2011/12. Information relating to the 2013 financial year can be located at p.23-24 of the City of Sydney Statutory Returns Annual Report 2012/13. Information relating to the 2014 financial year will be circulated separately by CEO update pending its formal release in the annual report.
The total legal costs that were paid by the City of Sydney to other parties in legal proceedings as a result of costs orders against the City of Sydney for the 2012, 2013 and 2014 financial years were as follows:
2011/12 $58,785.98 2012/13 $62,269.43 2013/14 $40,050.00
FORMAL YOUTH PARTICIPATION AND THE CITY OF SYDNEY (S103147)
17. By Councillor Vithoulkas
Question
Delegates of the 2014 G20 Youth Summit recently convened in Sydney during July 2014 to discuss three broad themes that included growth and job creation, global citizenship and mobility, and sustainable development.
Is there any formal platform through which young people aged 25 years or under can participate in discussions and put forward proposals about issues that affect them in the City of Sydney?
This may include: • issues and policies affecting young people; • raising concerns and proposing solutions to problems that affect young people; • participating in discussions about planning and development proposals that will affect young people including sustainable development, affordable housing and student housing; • having access to information that is of particular interest to young people in the City of Sydney; and • raising awareness of particular issues that affect young people including unemployment.
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Answer by the Lord Mayor
The City uses online engagement channels including SydneyYourSay.com.au, Facebook and twitter to consult and engage on policies and issues and provide avenues for people to raise concerns. Investment in digital engagement reflects the City’s strategy to reach out and engage with our younger citizens. The use of these channels for consultation has increased significantly in the past year; in the case of SydneyYourSay unique visitors have increased five-fold.
The City engages with young people through a variety of mechanisms, all focused on times and places that suit young people, and leveraging youth engagement undertaken by external organisations. This information informs City policies and programs.
For example, just last week, the CEO in conjunction with the Thomas Kelly Youth Foundation, hosted a forum with a group of young people to discuss their concerns around alcohol-related violence and look at strategies to help young people to look out for the friends and seek to reduce violence amongst their peers.
The City of Sydney Youth Facebook page is dedicated to providing information about activities and issues relevant to young people. The City uses this platform to promote surveys and consultation processes that young people may wish to contribute to, provide information about health and education programs, cultural opportunities, and to let young people know about the City’s programs and services including vacation care and youth week activities.
In April each year, the City hosts a Youth Week celebration. Events for youth week are planned in collaboration with young people and with youth organisations in the City of Sydney. Youth Week events combine fun, entertaining events with forums for discussing issues of concern for young people. For example, in 2014, Youth Week screened an intergenerational film, which was produced in partnership with Vibewire, a youth-led not- for-profit cultural organisation. The film explored the issue of cross-generational understanding.
Other festivals also engage young people in community debate and discussion. This year the Living in Harmony Festival hosted forums to discuss issues of particular interest to young people, including the My Study, My Career forum targeted to understanding career opportunities for international students and The Great Gap - an intellectual debate about Chinese culture across generations.
The City’s pilot International Student Leadership and Ambassador Program has provided a forum for consultation with international students and also an avenue for increasing engagement between the City, the student ambassadors and other local and international students. Through this program, the ambassadors have the opportunity to raise issues and concerns and to contribute to providing a positive experience of Sydney for international students.
The City’s Aboriginal and Torres Strait Islander Advisory Panel provides two positions specifically for young people in its membership.
Community consultations during the design of community facilities also target young people and children in schools. Staff and architects run workshops and art competitions with schools and local youth organisations for design ideas to incorporate in parks, libraries and other community facilities. Recently, consultations were held with WEAVE, Gardeners Road School and the Green Square School to inform design detail in the Green Square Library, Plaza and pool.
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In the City of Sydney local government area, there are a number of reference and advisory groups already established in the City, for example, in youth services like Headspace – a youth mental health foundation and at the Opera House and Museum of Contemporary Art. The City’s Youth Services Interagency meetings provide a forum for services to discuss issues and projects that relate particularly to young people in the City who experience disadvantage.
CITY OF SYDNEY BUSINESS NUMBERS (S103147)
18. By Councillor Vithoulkas
Question
Based on the City of Sydney’s own published information on its website in the article Supporting small business: Small business in the City, small business is the core of the economy and it states:
• The small business sector employs more than 102,000 people • There are 18,385 small businesses in the local area • A 'small business' employs less than 20 people • Small business within the City is estimated to contribute over a quarter of our economic output – more than $25 billion a year
Please provide the equivalent information for other sized businesses operating within the City of Sydney LGA, specifically:
1. What is the City Of Sydney’s definition of a medium size business?
2. How many people does the medium business sector employ within the City Of Sydney?
3. How many medium size businesses are there in the local government area?
4. How much is estimated for medium sized businesses to contribute to the City Of Sydney’s economic output?
5. What is the City Of Sydney’s definition of a large size business?
6. How many people does the large business sector employ within the City Of Sydney?
7. How many large size businesses are there in the local government area?
8. How much is estimated for large sized businesses to contribute to the City Of Sydney’s economic output?
Answer by the Lord Mayor
1. The City uses the Australian Bureau of Statistics classification of business size based on the number of workers employed. Medium sized businesses are those that have between 20 and 199 workers. ABS Catalogue Number 8165.0.
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2. In 2012, there were 149,437 workers counted in medium sized businesses (source: 2012 Floor Space and Employment Survey). This was 34.3% of the total business workforce.
3. In 2012, there were 2,940 medium sized businesses (source: 2012 Floor Space and Employment Survey). This was 13.7% of all employing businesses.
4. In 2012, it is estimated that medium sized businesses contributed $35.7B to the city economy. This is based on the total economic value of the city economy of $104B in 2012, divided by the proportion of the workforce.
5. The City uses the Australian Bureau of Statistics classification of business size based on the number of workers employed. Large businesses are those that have 200 or more workers. ABS Catalogue Number 8165.0.
6. In 2012, there were 184,325 workers counted in large businesses (source: 2012 Floor Space and Employment Survey). This was 42.3% of the total business workforce.
7. In 2012, there were 323 large businesses (source: 2012 Floor Space and Employment Survey). This was 1.5% of all employing businesses.
8. In 2012, it is estimated that large businesses contributed $44.0B to the city economy. This is based on the total economic value of the city economy of $104B in 2012, divided by the proportion of the workforce.
ANZAC MEMORIAL AT HYDE PARK (S103148)
19. By Councillor Forster
Question
At the Council meeting of 25 August 2014, Councillor Green moved a foreshadowed motion which contained an assertion, attributed to the Returned Services League, that the federal government’s ANZAC Centenary Public Fund would contribute $19.6 million in funding for the redevelopment of the ANZAC Memorial at Hyde Park.
Under Part B of the resolution, the CEO was requested to write to the NSW Government to confirm the level of funding “being provided by the NSW Government in addition to the Federal funding and its fundraising activities.” What was the NSW Government’s response to that letter?
Answer by the Lord Mayor
A response has not been received as of the release of the papers for the Council meeting of 15 September 2014.
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LORD MAYOR’S CHRISTMAS 2014 LAUNCH (S103148)
20. By Councillor Forster
Question
Did the Lord Mayor attend the Christmas vision and marketing strategy presentation held on 29 July 29 2014 in the Vestibule at Sydney Town Hall?
Answer by the Lord Mayor
Yes.
COUNCILLORS’ EXPENSES POLICY – CORPORATE CREDIT CARD (S103148)
21. By Councillor Forster
Question
Section 4.3 Part (d) of the Councillors’ Expenses Policy states that: “from time to time, the Lord Mayor incurs expenses in carrying out the role, e.g., attendance at functions, dry cleaning, entertainment, etc, outside the Town Hall building. For convenience, a corporate credit card is made available, if required, for the Lord Mayor’s use while discharging the functions of the Lord Mayor.”
What is the total expense incurred to date by the Lord Mayor on the corporate credit card since the September 2012 local government election?
Answer by the Lord Mayor
I do not have a corporate credit card.
SMOKE-FREE TRIAL IN MARTIN PLACE (S103148)
22. By Councillor Forster
Question
On 23 June 2014, Council approved a resolution under which the CEO would investigate options for conducting a six-month trial under which Martin Place would be made a smoke-free zone, and report back to Council with the findings of that investigation before the end of August 2014.
According to a Memo issued via the CEO Update on 21 August 2014, Council will not report back on the findings of its investigations until an unspecified time “before the end of the year.”
What has caused the delay?
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COUNCIL 15 SEPTEMBER 2014
Answer by the Lord Mayor
As advised in the CEO Update dated 21 August 2014, City staff are researching the effectiveness of smoke free areas in other capital cities and will conduct intercept surveys in Martin Place to determine existing patterns of use by smokers, and the perceptions and preferences of smokers and non-smokers for the establishment of a smoke free area.
It is intended that this preliminary research, together with the data obtained from the intercept surveys (to be undertaken in early October), will better inform the smoke free trial and the impacts of dislocating smokers from Martin Place during the trial.
Research and survey related activities (survey design, conduct of survey, data aggregation and analysis) could not be completed within the time frame proposed.
It is intended that findings and recommendations will be reported to the December meeting cycle.
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