Councillor Chris Harris

Lord Mayor Clover Moore has voted to side with developers over the community in the ongoing case of the Barangaroo development.  At a Council meeting last Monday I introduced a motion calling for the City to provide $10 000 to the Environmental Defenders Office (EDO) should it proceed with legal action in conjunction with the Barangaroo Action Group if new development plans are approved by the Planning Minister.  As a result of Clover’s vote the EDO may now not be able to proceed with this action. 

The EDO approached the City to contribute to possible action so that it was clear that the EDO was acting in the broader public interest and not just in the interests of a particular group of residents. The Lord Mayor’s actions have prevented the City from genuinely aligning itself with the broader community by  ’getting down in the trenches’ with residents to oppose the massive overdevelopment on Barangaroo. Her actions have also jeopardised the ability of the EDO to act for local residents.

The application before the Minister for Planning is to excavate a giant pit that will house at least four floors of car parking to be used for commercial parking for the foreseeable future. These plans risk spreading contamination into the harbour and onto Council land.  They also fly in the face of claims that the development will be environmentally sensitive by providing commercial parking for over 800 cars and leaving no room for trigeneration systems which would have provided low carbon energy to the development.  Council planning staff say the plans are so riddled with problems that they would never be approved were the decision up to Council. You can read the City’s damning assessment here.

Prior to the meeting I sought legal advice on whether or not the Lord Mayor, as a member of the Barangaroo Delivery Authority Board, would have a conflict of interest in voting on this matter.  The advice indicated clearly that she would have a conflict and should therefore absent herself from the voting.  The advice is attached here.

Despite this advice, which I circulated to all Councilors prior to the meeting, the Lord Mayor did not declare any sort of conflict in the matter.  She chose to remain in the Council chambers while my motion was debated and then to participate in the vote on whether or not it should be adopted. 

The vote came down to a 5-5 split, with fellow Greens Councilor Irene Doutney, Liberal Shayne Mallard and two members of the Clover Moore Party (John McInerney and Marcelle Hoff) voting with me in support.  Labor Councilor Meredith Burgmann, supporting the state government party line, voted with Clover Moore and the remaining three members of her team to oppose the motion.  Moore then used her casting vote as Lord Mayor to vote a second time and defeat the motion. 

Had Moore absented herself, in line with the legal advice, the motion would have passed.  The Council would be standing up for what it has repeatedly stated it believes in and would not be relying on volunteers from the community, such as the Barangaroo Action Group and The Friends of Barangaroo, to fight its battles. 

I have since filed a complaint with the NSW Ombudsman and the Department of Local Government asking them to confirm the legal advice that Clover Moore had a conflict of interest in this matter.

The text of my motion to Council can be found here. The SMH story on the council meeting is here.

Clover Moore should resign from the Barangaroo board. This position with the Barangaroo Delivery Authority (BDA) represents a conflict of interest with her role on Council.

The Greens & other councillors together with many members of the community have major issues with the plans the BDA have for Barangaroo, considering it to be a massive overdevelopment as the artists impression on the right shows.  Unfortunately the Lord Mayor Clover Moore’s membership of the BDA Board is hampering the City of Sydney Council’s ability to represent the community on these issues.

The Lord Mayor has claimed that her role on the BDA has resulted in a number of positive environmental features, such as water recycling, co-generation and zero waste provisions, being added to plans for the development.  However I have serious doubts about these claims.

Progressive property owners are now including trigeneration, full water recycling & capture & zero waste approaches in major new developments. Recent examples of this approach include the Sydney Harbour Foreshore Authority’s “Workplace 6” building on Darling Island and Fraser’s Properties Carlton United Breweries site in Chippendale.  I think the state government, desperate to try to show some green credentials, would have included these initiatives in the project whether or not the Lord Mayor was on the board.

The Lord Mayor has also claimed that her influence on the BDA Board resulted in a light rail connection that integrates Barangaroo with the rest of the City being added to the plan, however, as with her environmental claims, I have doubts about how much of a contribution her presence on the board has made.

Firstly, a possible light/heavy rail link to Barangaroo was flagged by the Government long before the Lord Mayor joined the Board in December 2008. Secondly the BDA are proposing a light rail line running from central station to Circular Quay somewhere on the western side of the City – possibly down Sussex St.  There is no proposed integration with the CBD, the shopping precinct of Pitt St mall or Town Hall. The transport proposal is totally inadequate. 

Both my Greens colleague Irene Doutney and I think that we must have a low fare service that intimately links the old eastern and new western sections of the CBD.  It would be like the 555 shuttle buses but would not have to contend with traffic on crowded city streets.  So far, Clover’s involvement hasn’t delivered an integrated transport plan for Barangaroo.

And if a final example of the Lord Mayors ineffectiveness on the board were needed it can be seen in these two documents from the Barangaroo Action Group - a comparison of the building size in the southern section of the site under the original award winning plan and the BDA’s new plan.  Clover herself describes the buildings in the new plan as “too big”, a statement which I completely agree with, yet the plan was released during 2009 while she was on the board and she seems to have been completely unable to stop it.

It seems that the BDA are using Ms Moore’s position on the board to create the impression that the City of Sydney is supportive of what will be a gross overdevelopment of this iconic site.  Since the Lord Mayor joined the BDA board Councillors have not received a single briefing about what is proposed at Barangaroo – confidential or otherwise.  The first time that I had a chance to see what was proposed was at a public presentation by the BDA in the City Recital Hall on 23rd February 2010 and the first time we debated it as a council was on 15th March 2010. That’s a full sixteen months that the other councillors have been kept in the dark about the BDA’s plans.

Ms Moore should resign from the BDA immediately. This would then allow the City of Sydney to better use its resources to advocate in a very public way and demand that the design be revised to reduce the scale of the development, delete the intrusion into the harbour, return the whole of the foreshore to public use and to provide a proper public transport link that would genuinely integrate this beautiful site into the rest of the City.

The City of Sydney Council could be a powerful voice for the community on this matter.  Instead we are being gagged because Ms Moore has to be cautious about not wanting to seem too critical of a project she has helped develop.

I have serious concerns about the tender process that appears to have been designed to place the City’s tennis courts under the management of a single operator. Should the recommendation of council staff be adopted the operator at Ruchcutters Bay tennis courts will be tossed out after 25 years of service to the community. The Greens councillors consider such a proposal to be unreasonable & unfair.  At an extraordinary meeting on Monday 1st March (attended by around 200 people protesting the recommendation, shown below) the Clover Moore Party used their numbers to defer the tender process for a second time.  Councillor Doutney and myself, along with the Labor and Liberal Councillors, voted against the motion.

As Greens we have three key concerns with the tender process: shortcomings with information provided to councillors, inconsistent treatment of individual tenderers during the process and a failure of the tender criteria & process to capture the “community benefit” that councillors had requested.

The level of benefit that an applicant could provide to the community was meant to be the most heavily weighted criteria upon which a successful tender was assessed. However the hundreds of emails that Councillors received from the Rushcutters Bay community have provided information about the local operator that should have been presented to Councillors in the staff report on the tenders at the Finance Committee on 15th February 2010.

There has been no performance review of the current tennis court operators at Rushcutters Bay, despite this being required by local government tendering guidelines. As a result the free coaching, court hire & equipment hire to children from Darlinghurst & Plunkett St Public Schools over the past fifteen years was not reported to councillors and could not have been considered in the tender assessment.

Another piece of highly relevant information was a proposed Franks Family scholarship of $100,000 per annum to provide coaching & court time for 40 children from disadvantaged backgrounds. Again this was not reported to councillors and therefore could not have been considered in the tender assessment.

The Greens are also very concerned about the inconsistent treatment of the two tenderers who made direct contact with councillors in order to lobby for their bid. One tenderer was excluded and the other, who ended up as the recommended tenderer, was not.  I have read the “no lobbying” clause in the tender and the emails from tenderers (see attachment 1 below). I can’t see why one was ousted and the other was not. The decision seems biased and unfair.

I have since sought legal advice from a senior counsel Francis Douglas QC who advised that the email from the tenderer who was not excluded  had indeed breeched the tender guidelines (see attachment 2 below). Further the awarding of the tender to the offending tenderer could see such a decision invalidated by a court and damages sought from the City of Sydney.

Once the legal advice was tabled the Clover Moore Party scrambled to defer the process until a more thorough investigation could be carried out, but this is not a positive way forward.  To simply delay a process with so many flaws in it so that just one of those flaws can be investigated, while ignoring all the others, is not in the interest of the community. 

People have invested significant time and effort in writing to Council and turning up to meetings in order to try to make sure the process reflects their very reasonable desires for their community. They deserve better than to have to wait once more for a flawed process to turn out an unsatisfactory outcome.  The process needs to be restarted with criteria that will accurately reflect the benefits that each applicant will provide, and has provided previously, to the community.

Attachment 1- Tenderer not to Solicit Council Personel

Attachment 2 - Legal Advice from Francis Douglas QC

Hot on the heels of their destruction of the habitat area at Orphan School Creek with the freshly laid concrete zig zag path, the Clover Moore Party are at it again across the road in Johnstons Canal with more habitat destruction.  The proposal is a bike path that links the shared pathway emerging from Orphan School Creek as it crosses Wigram Rd at Forest Lodge.

Two pathways have been outlined by City staff. The one favoured by Clover Moore Party councillors  proceeds along the eastern side of the canal between Wigram Rd and a bridge across the canal about 150 metres away. This area contains about 5 metres of council land immediately adjacent to the canal and joins seamlessly with the backyards of 22 terrace homes that front Minogue Crescent. Currently there is a dirt ‘goat track’ that is used by the occasional recreational cyclist, mothers with little kids in prams and people walking their dogs. These uses have happily coexisted with the local residents for years but all that is about to change.

The Lord Mayor’s concrete and steel brigade have voted to build a 2.5 metre wide concrete path with regular 3.5 metre light poles. This new commuter cyclepath will be lit up like a carnival, it will attract a lot more cyclists and totally destroy this idyllic little haven. The impact on the residents will be considerable.

When I visited the site with Greens colleague, Cr Doutney, we saw corellas feeding their young, sulphur crested cockatoos munching the freshly mown grass seed and multiple varieties of birdlife – night time brings out possums & other native animals.

There is a perfectly good alternative route for this section of the cycleway just metres away on the other side of the canal. Booth lane is a very seldom used laneway that hosts a Housing NSW development on one side of the road and a private multi unit development on the other. Both of these have adequate on site parking for residents. The laneway contains 8 parking spaces that could easily be converted into a two way cycleway that terminates at Taylor St. Taylor St is a very wide & quiet dead end street that leads straight into the park where the shared path cycleway will continue down to the parklands around Roselle Bay.

Clover Moore councillors refused to consider the alternative ‘on road’ route but have decided instead on habitat destruction, increased conflict with cyclists and the loss of the peaceful glade enjoyed by the 22 homes along Minogue Cres. This choice is totally unnecessary.

Leichhardt Council will shortly be spending around $700,000 on Taylor St to convert it into a model sustainable street. What better addition to this project than the inclusion of sustainable transport. The traffic movements on Booth Lane and Taylor St are very low and it would be an ideal and easy path for both recreational & commuter cyclists with little potential conflict with cars or pedestrians

Residents of Minogue Cres, who have not been properly consulted, turned up at council on 22nd February to express their view and were refused an opportunity to address councillors when the Clover Moore Party voted as a block to deny them the right to speak. Once again Forrest Lodge residents are being ignored.

Thanks to local resident Alexandra Brunner for images of the site as it is now in it’s unconcreted state.

The City of Sydney Council has been urged by the Greens to provide 18 weeks paid maternity leave for employees in line with an endorsement by the NSW Local Government Association.

Extending the leave from 14 to 18 weeks would show that the City of Sydney values parenting and recognises the huge investment women make to acquire degrees and skills which ultimately benefit not only themselves but the organisation that employs them.

There are very real economic benefits to be gained by an organisation in providing  paid maternity leave. It leads to increased employee productivity and loyalty and reduces recruitment and training costs as the number of employees returning to work after paid maternity leave increases. It also improves morale and job satisfaction.

We need to foster ongoing relationships with our working-mother employees that value their educational investment, hard work and career aspirations.

At the Council meeting on May 11, I asked the CEO to consider extending the maternity leave to 18 weeks in the current round of wage and salary negotiations with unions.

The Greens also want consideration to be given to establishing parental leave for supporting parents of new born and adopted children and to extend maternity leave, where legally possible, to same sex couples.

The motion below was passed unanimously at Council on Monday, May 11.

 MATERNITY LEAVE (S063668)
1. By Councillor Harris -

The City of Sydney Council:
1. Notes that maternity leave provides critical financial support to City of Sydney
employees who choose to care for newborn infants on a full time basis.

2. Notes that there are corresponding economic benefits to the City of Sydney in
retaining skilled and experienced staff, on a full time or part time basis, when staff return to work after the birth of children.

3. Notes the endorsement of 18 weeks maternity leave by the NSW Local
Government Association.

4. Requests that the CEO consider extending maternity leave from 14 weeks to 18 weeks for City of Sydney employees in the current round of wage and salary
negotiations with the Unions.

5. Requests that the CEO report to Council on additional measures the City can take to extend parental leave, such measures:

 (a) being designed to facilitate the needs and personal choices of:
     (i) the parents of a new born child – which could include the biological
         father and mother or a non-biological co-parent, such as in the case of
         same sex couples;
     (ii) persons adopting children; and
     (iii) persons who may assume the care of a child or children, for example,
          as a result of the death or incapacity of their parents;
(b) to include the option of paid leave being available in these circumstances to
parents and other parents responsible for the care of children, other than the
primary care giver.