Minutes of Northern Beaches Council - Tuesday, 27 February 2024

MINUTES OF Northern Beaches Council - 27 February 2024

Minutes of the Northern Beaches Council

held on Tuesday 27 February 2024

at the Civic Centre, Dee Why

Commencing at 6:01pm

Attendance:

Councillors

Sue Heins (Mayor)

Georgia Ryburn (Deputy Mayor)

Kristyn Glanville – joined the meeting at 6:07pm

Sarah Grattan

Candy Bingham

Miranda Korzy

Michael Gencher

Karina Page

Vincent De Luca OAM

Stuart Sprott

Bianca Crvelin (remote)

Ruth Robins

Jose Menano-Pires

David Walton

Officers

Scott Phillips	Chief Executive Officer
Mark Jones	Acting Director Corporate & Legal Acting Director Workforce & Technology
David Kerr	Director Community & Belonging
Todd Dickinson	Director Environment & Sustainability
Louise Kerr	Director Planning & Place
Campbell Pfeiffer	Acting Director Transport & Assets
Sarah Dunstan	Executive Manager Governance & Risk
Caroline Foley	Executive Manager Financial Planning & Systems
David Walsh	Chief Financial Officer
Michael McDermid	Acting Executive Manager Strategy & Performance
Joseph Hill	Executive Manager Strategic & Place Planning
Jeremy Smith	Acting Executive Manager Parks & Recreation
Yianni Mentis	Executive Manager Environment & Climate Change
Andrew Ward-Harvey	Executive Manager Waste Management & Cleansing
Kristie Debney	Acting Executive Manager Property
Lesley Milbourne	Manager Governance
Lauren Reti	Senior Advisor – Governance
Mat Maish	Senior Advisor – Governance
Gavin Mascarenhas	Service Desk Analyst
Max Alexander	Service Delivery Analyst

Notes

The meeting commenced at 6:01pm, adjourned at 8:23pm, resumed at 8:34pm, moved into closed session at 10:29pm, resumed in open session at 11:35pm and concluded at 11:37pm

Table of Contents

1.0 Acknowledgement of Country. 5

2.0 Apologies and Applications for Leave of Absence and Remote Attendance. 5

3.0 Confirmation of Minutes. 5

4.0 Disclosures of Interest 6

5.0 Public Forum and Public Address. 8

6.0 Items Resolved by Exception. 9

9.3 Review and revocation of various policies. 9

9.4 Monthly Investment Report - November 2023. 9

9.5 Monthly Investment Report - December 2023. 10

11.1 Confirmed Minutes of the Environment Strategic Reference Group Meeting - 6 September 2023 10

11.2 Minutes of the Northern Beaches Bush Fire Management Committee held 6 June 2023 and 6 September 2023. 10

13.1 Outcome of Public Exhibition - Proposed Naming of the Grandstand at Weldon Oval the Loudon Marston Grandstand. 10

18.1 RFT 2023/174 - Provision of Co-location of Data Centre Services. 11

18.3 Alternative Procurement - Specialist Marine Maintenance Services. 11

7.0 Mayoral Minutes. 12

7.1 Mayoral Minute No 1/2024 - Cost Shifting onto Local Government 12

7.2 Mayoral Minute No 2/2024 - Acknowledgement of Australia Day Honours recipients. 12

7.3 Mayoral Minute No 3/2024 - Affordable Housing. 13

7.4 Mayoral Minute No 4/2024 - Vale Martin McCallum.. 14

Change to order of business. 14

12.0 Planning and Place Division Reports. 14

12.1 Submission to State Government - Changes to Create Low and Mid-Rise Housing. 14

9.0 Corporate and Legal Division Reports. 16

9.1 Submission to IPART - NSW Government's Draft Terms of Reference for NSW council financial model review.. 16

9.2 Public Exhibition - Draft Code of Meeting Practice. 16

9.6 Quarterly Review - December 2023. 16

9.7 Use of Delegated Authority by the Mayor over Christmas and New Year Recess 2023-24. 17

13.0 Transport and Assets Division Reports. 17

13.2 Public Exhibition - Naming Proposal for Jean Hay AM.. 17

15.0 Notices of Motion. 18

15.1 Notice of Motion No 1/2024 - Underwater Photography Award for Excellence. 18

15.2 Notice of Motion No 2/2024 - Innovation Regarding Dog Defecation Bags. 18

15.3 Notice of Motion No 3/2024 - Review of Condition of Pittwater Rock Pools. 19

16.0 Questions with Notice. 22

16.1 Question With Notice No 2/2024 - Balgowlah Golf Club Lease. 22

17.0 Responses to Questions. 22

17.1 Response to Question With Notice No 11/2023 - Hop Skip & Jump Service Costs. 22

18.0 Confidential Matters – Closed Session. 22

19.0 Report of Confidential Resolutions. 23

18.1 RFT 2023/174 - Provision of Co-location of Data Centre Services. 23

18.2 RFT 2021/130 - Manly Life Saving Club & Associated Community Facilities Design Consultancy Services - Update. 24

18.3 Alternative Procurement - Specialist Marine Maintenance Services. 25

1.0 Acknowledgement of country

NOTE: The Mayor acknowledged the traditional custodians of the land on which the meeting gathered, and paid respect to Elders past, present and emerging

2.0 Apologies and applications for leave of absence and remote attendance

Procedural Motion - Leave of Absence

001/24 Resolved

Cr Walton / Cr Robins

That Council accept the application for a leave of absence from Councillor Regan for the February Council meeting.

Voting

FOR: Cr Grattan, Cr Bingham, Cr Gencher, Cr Page, Cr Heins, Cr Ryburn, Cr De Luca, Cr Crvelin, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Cr Korzy and Cr Sprott

ABSENT: Cr Glanville

Carried

Procedural Motion - Request for Remote Attendance

002/24 Resolved

Cr Ryburn / Cr Page

That in accordance with clause 6.26 of the Code of Meeting Practice, Councillor Crvelin be granted remote attendance to the February ordinary Council meeting.

Voting

FOR: Cr Grattan, Cr Bingham, Cr Korzy, Cr Gencher, Cr Page, Cr Heins, Cr Ryburn, Cr De Luca, Cr Sprott, Cr Crvelin, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Nil

ABSENT: Cr Glanville

Carried

3.0 Confirmation of Minutes

3.1 Minutes of Northern Beaches Council held ON 19 December 2023

003/24 Resolved

Cr Robins / Cr Korzy

That the minutes of the Northern Beaches Council held on 19 December 2023, copies of which were previously circulated, are hereby confirmed as a true and correct record of the proceedings of that meeting.

Voting

FOR: Cr Grattan, Cr Bingham, Cr Korzy, Cr Gencher, Cr Page, Cr Heins, Cr Ryburn, Cr De Luca, Cr Sprott, Cr Crvelin, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Nil

ABSENT: Cr Glanville

Carried

4.0 Disclosures of interest

NOTE: Designated person returns were tabled in accordance with sections 4.25 and 4.26 of the Code of Conduct.

NOTE: Councillor Glanville arrived at 6:07pm

· Councillor Bingham declared a not significant non-pecuniary interest in relation to Item 18.2 RFT 2021/130 - Manly Life Saving Club & Associated Community Facilities Design Consultancy Services - Update and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Associate member of the Manly Life Saving Club.”

· Councillor Menano-Pires declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Jointly own property in the area that may or may not be affected.”

· Councillor Menano-Pires declared a significant non-pecuniary interest in relation to Item 13.2, Public Exhibition - Naming Proposal for Jean Hay AM and will leave the meeting for the discussion and voting on the item. The reason provided was:

“Long term political working relationship with both Mrs Hay OAM and her husband The Hon David Hay, prevents me for having an impartial view on this issue.”

· Councillor Korzy declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“I am the joint executor of a family member’s will and the estate includes a unit, which I’m likely to jointly inherit, in an R2 zone within a retirement village. Given the small footprint of the unit, it couldn’t be redeveloped on its own and the village has more than 100 owners, making it unlikely. Further, this motion does not directly involve a decision about zonings or controls. I therefore do not consider that I have a conflict of interest in this issue.”

· Councillor Grattan declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“The Council’s submission to the Department of Planning does not change any zoning of my property and we have no intentions of developing our family home. Any decisions to develop my employer’s land would be taken by the Board. As such, any interest/influence I may have is remote and not significant.”

· Councillor Walton declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“I have properties that may be affected by the planned changes by the NSW government, there may be a perception of a conflict of interest. NSW Government is the decision makers of these changes.”

· Councillor Walton declared a not significant non-pecuniary interest in relation to Item 13.2, Public Exhibition - Naming Proposal for Jean Hay AM and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Known Jean Hay for a significant period of time”

· Councillor Sprott declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Have properties in the LGA outside of town centres but may be impacted by the change of the planning laws.”

· Councillor Sprott declared a not significant non-pecuniary interest in relation to Item 13.2, Public Exhibition - Naming Proposal for Jean Hay AM and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Know Jean Hay and have known her for some time.”

· Councillor Glanville declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“In relation to this item, I disclose for transparency sake that I am jointly an owner occupier of a property which would potentially be subject to development uplift if this policy were to be adopted by the State Government.”

· Councillor Page declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Property in the LGA.”

· Councillor Crvelin declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“I do not reside within one of the town centres areas for the proposal but my parents do. I am not a decision maker on that property.”

· Councillor Crvelin declared a not significant non-pecuniary interest in relation to Item 13.2, Public Exhibition - Naming Proposal for Jean Hay AM and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“I know Jean Hay and have known her for a number of years”

· Councillor Ryburn declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“Land owner or direct beneficiary of properties in the LGA both in and outside of town centres.”

· Councillor Ryburn declared a not significant non-pecuniary interest in relation to Item 13.2, Public Exhibition - Naming Proposal for Jean Hay AM and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“I have known Jean Hay AM for many years.”

· Mayor Heins declared a not significant non-pecuniary interest in relation to Item 12.1, Submission to State Government - Changes to Create Low and Mid-Rise Housing and will remain in the meeting for the discussion and voting on the item. The reason provided was:

“My home is in an R2 zone and could be affected if the State proposal introduces changes.”

5.0 Public forum and public address

NOTE: The Mayor requested that each speaker acknowledge that they had been informed that the meeting was to be webcast live and that Council accepts no responsibility for any defamatory comments made

NOTE: Councillor Crvelin left the meeting at 6:24pm and returned at 6:34pm

5.1 PUBLIC FORUM

· Annie Beaulieu addressed Council on the incorporation of blue/green infrastructure to reduce stormwater impact on the environment/ocean.

· Benjamin Kioko, on behalf of GLAM Plus, addressed Council on the funding of queer youth group on the Northern Beaches, GLAM Plus.

· Merryn Baker addressed Council on housing density on the Northern Beaches (via a statement read by Council staff).

· Sean Moran, on behalf of Fusion Pride Northern Beaches, addressed Council on seeking Council’s continued support for GLAM+ and assistance in finding a new tender.

5.2 PUBLIC ADDRESS

Item 12.1 Submission to State Government – Changes to Create Low and Mid-Rise Housing

· Anna Monticelli addressed Council in support of this item.

· Rory Amon MP addressed Council against this item (via a statement read by Council staff).

Item 15.1 Notice of Motion No 1/2024 – Underwater Photography Award for Excellence

· Judith Lambert addressed Council in support of this item.

Item 15.2 Notice of Motion No 2/2024 – Innovation Regarding Dog Defecation Bags

· Penelope Philpott addressed Council against this item.

6.0 Items Resolved by EXception

004/24 Resolved

Cr Ryburn / Cr GrattanRECOMMENDATION

That

1. Items 9.3, 9.4, 9.5, 11.1, 11.2, 13.1, 18.1 and 18.3 are dealt with by exception with the recommendations being adopted.

2. The reports for items 18.1 and 18.3 are to be treated as confidential in accordance with section 11 (3) of the Local Government Act 1993, as they relate to matters specified in section 10A (2) of the Local Government Act 1993.

9.3 Review and revocation of various policies

005/24 Resolved

Cr Ryburn / Cr Grattan

That Council:

1. Revoke the following policies:

a. Fitness Group and Personal Training Policy

b. Hire Boats Operations – Beaches and Reserves Policy

c. Open Air Cinema Events on Council Controlled Land Policy

d. Open Air Concerts Policy

e. Reserves – Exclusive Use for Private Functions Policy

f. Reserves, Beaches and Headlands Booking Policy.

2. Adopt the Waste Minimisation for Functions and Events Policy.

RESOLVED BY EXCEPTION

9.4 Monthly Investment Report - November 2023

006/24 Resolved

Cr Ryburn / Cr Grattan

That Council note the Investment Report as at 30 November 2023, including the certification by the Responsible Accounting Officer.

RESOLVED BY EXCEPTION

9.5 Monthly Investment Report - December 2023

007/24 Resolved

Cr Ryburn / Cr Grattan

That Council note the Investment Report as at 31 December 2023, including the certification by the Responsible Accounting Officer.

RESOLVED BY EXCEPTION

11.1 Confirmed Minutes of the Environment Strategic Reference Group Meeting - 6 September 2023

008/24 Resolved

Cr Ryburn / Cr Grattan

That Council note the minutes of the Environment Strategic Reference Group meeting held on 6 September 2023.

RESOLVED BY EXCEPTION

11.2 Minutes of the Northern Beaches Bush Fire Management Committee held 6 June 2023 and 6 September 2023

009/24 Resolved

Cr Ryburn / Cr Grattan

That Council note the minutes of the Northern Beaches Bush Fire Management Committee Meetings held on 6 June 2023 and 6 September 2023.

RESOLVED BY EXCEPTION

13.1 Outcome of Public Exhibition - Proposed Naming of the Grandstand at Weldon Oval the Loudon Marston Grandstand

010/24 Resolved

Cr Ryburn / Cr Grattan

That Council:

1. Adopt the proposal to name the grandstand at Weldon Oval, John Fisher Park the Loudon Marston Grandstand.

2. In consultation with the Loudon and Marston families, the Warringah Cricket Club, the Manly Bombers Junior AFL Club, and the Manly Warringah Wolves AFL Club install signage at the grandstand.

RESOLVED BY EXCEPTION

18.1 RFT 2023/174 - Provision of Co-location of Data Centre Services

011/24 Resolved

Cr Ryburn / Cr Grattan

That Council:

1. In accordance with section 178(1)(b) of the Local Government (General) Regulation 2021, decline to accept any of the tenders received for RFT 2023/174 – Co-Location Data Centre

2. In accordance with section 178(3)(e) of Local Government (General) Regulation 2021, enter into negotiations with NEXTDC Ltd with a view to entering into a contract in relation to the subject matter of the tender.

3. In accordance with section 178(4)(a) of the Local Government (General) Regulation 2021, Council’s reasons for declining to invite fresh tenders or applications as referred to in section 178(3)(b)–(d) of the Local Government (General) Regulation 2021 are that:

a. In the circumstances, the best outcome for Council is likely to be achieved by direct negotiation and discussion to determine the most relevant contract to utilise.

4. In accordance with section 178(4)(b) of the Local Government (General) Regulation 2021, Council’s reasons for determining to enter into negotiations with NEXTDC Ltd are:

a. The tender from NEXTDC Ltd demonstrated that the entity has the capability to undertake the works.

b. The tender from NEXTDC Ltd demonstrated a clear understanding of the key project risks and provided a sound methodology.

c. The tender from NEXTDC Ltd demonstrated a thorough understanding of the project risks through the submitted methodology.

d. The tender from NEXTDC Ltd offered the best value for money.

5. That Council delegate authority to the Chief Executive Officer to enter into negotiations with NEXTDC Ltd, and subject to the Chief Executive Officer being satisfied with the outcome of those negotiations, enter into a contract with NEXTDC Ltd in relation to the subject matter of the tender and to execute all necessary documentation to give effect to this resolution.

RESOLVED BY EXCEPTION

18.3 Alternative Procurement - Specialist Marine Maintenance Services

012/24 Resolved

Cr Ryburn / Cr Grattan

That Council:

1. Enter into a contract with Rachel and Carl Fallon Pty Ltd (trading as Sea Dragon Protective Enclosures) for Specialist Marine Maintenance Services for a period of up to 5 years.

2. Resolve pursuant to section 55 (3)(i) of the Local Government Act 1993 that a satisfactory result would not be achieved by inviting tenders for the contract referred to in 1 because of extenuating circumstances by reason of:

a. Rachel and Carl Fallon Pty Ltd (trading as Sea Dragon Protective Enclosures) is the only contractor in Sydney that specialises in the maintenance of tidal pools including the supply and installation of sea-nets suitable for tidal pools.

b. Engagement of a specialist contractor is critical for Council to manage its environmental risks and ensure professional net maintenance and preservation of numerous threatened species of fish and seagrass around the pools.

c. Rachel and Carl Fallon Pty Ltd has been providing services for Northern Beaches Council since amalgamation and has an excellent track record for performance and innovation.

3. Delegate authority to the Chief Executive Officer to do all things necessary to give effect to this resolution including the execution of all necessary documentation.

RESOLVED BY EXCEPTION

7.0 Mayoral Minutes

7.1 Mayoral Minute No 1/2024 - Cost Shifting onto Local Government

NOTE: Councillor Glanville left the chamber at 6:54pm and returned at 6:56pm

013/24 Resolved

Cr Heins

That Council:

1. Receive and note the findings of Local Government NSW’s report, ‘Cost Shifting 2023: How State Costs Eat Council Rates’.

2. Place a copy of the cost shifting report on Council’s website so that our community can access it.

3. Write to the Premier, the NSW Treasurer and the NSW Minister for Local Government requesting that they urgently seek to address these costs through a combination of regulatory reform, budgetary provision and appropriate funding.

Voting

FOR: Unanimous

Carried

7.2 Mayoral Minute No 2/2024 - Acknowledgement of Australia Day Honours recipients

014/24 Resolved

Cr Heins

That Council:

1. Acknowledge the Northern Beaches recipients of the 2024 Australia Day Honours.

2. Write to congratulate them on their recognition and thank them for their contribution to our community.

Voting

FOR: Unanimous

Carried

7.3 Mayoral Minute No 3/2024 - Affordable Housing

NOTE: Councillor Page left the chamber at 7:22pm and returned at 7:23pm

Cr Heins

That Council write to the Hon Chris Minns MP, Premier of NSW; the Hon Paul Scully MP, Minister for Planning and Public Spaces; the Leader of the Opposition, the Hon Mark Speakman MP; and the NSW State Greens and Independent Members of Parliament, calling on the NSW Government to:

1. Provide a meaningful quantity of affordable housing on former or surplus government land at Frenchs Forest.

2. Address the affordable housing shortage on the Northern Beaches that is more than what we currently have allocated.

015/24 Resolved - Motion be put

Cr Menano-Pires

That the motion be now put.

Voting

FOR: Cr Glanville, Cr Grattan, Cr Bingham, Cr Heins, Cr Ryburn, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Cr Korzy, Cr Gencher, Cr Page, Cr De Luca, Cr Sprott and Cr Crvelin

Carried

016/24 Resolved

Cr Heins

That Council write to the Hon Chris Minns MP, Premier of NSW; the Hon Paul Scully MP, Minister for Planning and Public Spaces; the Leader of the Opposition, the Hon Mark Speakman MP; and the leaders of the cross bench parties and Independent Members of Parliament, calling on the NSW Government to:

1. Provide a meaningful quantity of affordable housing on former or surplus government land at Frenchs Forest.

2. Address the affordable housing shortage on the Northern Beaches that is more than what we currently have allocated.

3. Introduce new legislation to ensure affordable housing is always used for its intended purpose and properly regulated by and monitored by a state regulatory body.

Voting

FOR: Cr Glanville, Cr Grattan, Cr Bingham, Cr Korzy, Cr Heins, Cr Ryburn, Cr De Luca, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Cr Gencher, Cr Page, Cr Sprott and Cr Crvelin

Carried

7.4 Mayoral Minute No 4/2024 - Vale Martin McCallum

017/24 Resolved

Cr Heins

That Council:

1. Acknowledge the wonderful contribution made by the late Martin McCallum.

2. Send its condolences to the family of the late Martin McCallum, the Palm Beach Whale Beach Association and the Barrenjoey Alliance for Arts and Culture.

3. Work with the family of the late Martin McCallum, the Palm Beach Whale Beach Association and the Barrenjoey Alliance for Arts and Culture to find a fitting tribute that recognises his long-standing contribution to our community.

Voting

FOR: Unanimous

Carried

Procedural Motion - Change to Order of Business

NOTE: Councillor Grattan left the chamber at 7:39pm

018/24 Resolved

Cr De Luca / Cr Page

That the order of business be changed so items 12.1 be brought forward and dealt with immediately.

Voting

FOR: Cr Glanville, Cr Bingham, Cr Korzy, Cr Gencher, Cr Page, Cr Heins, Cr Ryburn, Cr De Luca, Cr Sprott, Cr Crvelin, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Nil

ABSENT: Cr Grattan

Carried

12.0 Planning and Place Division Reports

12.1 Submission to State Government - Changes to Create Low and Mid-Rise Housing

NOTE: Councillor Grattan returned to the chamber at 7:49pm

019/24 Resolved

Cr Korzy / Cr Page

That Council:

1. Write to the NSW Government calling on the Government to abandon the low and mid-rise housing reforms as outlined in the Department of Planning and Environment ‘Explanation of Intended Effect: Changes to Create Low and Mid-rise Housing’ noting that Northern Beaches Council has the capacity to plan for future growth as outlined in our adopted Local Housing Strategy and is best placed to make planning decisions that affect the community due to our knowledge of our unique, fragile natural environment and infrastructure constraints.

2. Endorse the alternate submission as circulated to councillors on 27 February 2024 and tabled, retaining reference to Mona Vale Road and Beaches Link Tunnel, and forward it to the Department of Planning, Housing and Infrastructure.

3. Forward the endorsed submission to the Legislative Council Parliamentary Inquiry into the development of the Transport Oriented Development Program.

Voting

FOR: Unanimous

Carried

Procedural Motion - Adjourn the Meeting

020/24 Resolved

Cr Robins / Cr Page

That in accordance with clause 19.1 of the Code of Meeting Practice the meeting be adjourned for 10 minutes.

Voting

FOR: Unanimous

Carried

Procedural Motion - 1 Motion of Urgency

NOTE: Councillor Crvelin left the meeting at 8:37pm

021/24 Resolved

Cr Glanville / Cr Korzy

That as a matter of urgency Council consider a motion in relation to sediment impacts on Manly Dam.

Voting

FOR: Cr Glanville and Cr Korzy

AGAINST: Cr Grattan, Cr Bingham, Cr Gencher, Cr Page, Cr Heins, Cr Ryburn, Cr De Luca, Cr Sprott, Cr Robins, Cr Menano-Pires and Cr Walton

ABSENT: Cr Crvelin

Lost

9.0 Corporate and Legal Division Reports

9.1 Submission to IPART - NSW Government's Draft Terms of Reference for NSW council financial model review

NOTE: Councillor Crvelin returned to the meeting at 8:40pm

022/24 Resolved

Cr Grattan / Cr Bingham

That Council endorse the submission to IPART on the NSW Government’s ‘Draft Terms of Reference for review of the council financial model in NSW’, with the inclusion of the following two additional measures:

1. Investigate the legitimacy and how cost shifting from other levels of government to local government impacts financial sustainability and the consideration of funding mechanisms to take account of these cost transfers.

2. Given natural disasters and extreme weather events are becoming more intense and frequent, consider how climate change impacts financial sustainability, including the adequacy of infrastructure, coastal erosion risks, clean-up costs along with the need to fund mitigation and adaption actions and what funding mechanisms may be available to deal with these additional costs.

Voting

FOR: Cr Glanville, Cr Grattan, Cr Bingham, Cr Korzy, Cr Heins, Cr Ryburn, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Cr Gencher, Cr Page, Cr De Luca, Cr Sprott and Cr Crvelin

Carried

9.2 Public Exhibition - Draft Code of Meeting Practice

023/24 Resolved

Cr Ryburn / Cr Robins

That the matter be deferred to a councillor briefing.

Voting

FOR: Unanimous

Carried

9.6 Quarterly Review - December 2023

024/24 Resolved

Cr Glanville / Cr Grattan

That Council:

1. Note the Quarterly Report on Service Performance for the period ended December 2023.

2. Note the December 2023 Quarterly Budget Review Statement.

3. Approve the changes to the Current Forecast in the December 2023 Quarterly Budget Review Statement, including:

a. a decrease in the forecast surplus from continuing operations, which includes capital grants and contributions, of $8.014 million to $32.016 million.

b. a decrease in Capital Expenditure of $24.188 million to $88.528 million.

4. Note the Quarterly Report on expenditure of funds from the Stronger Communities Fund for the period ended December 2023.

5. Due to the long lead time associated with the supply of plant and fleet, approve capital expenditure of $3.0 million from the anticipated 2024/25 budget allocation to enable orders to be placed prior to 1 July 2024.

Voting

FOR: Unanimous

Carried

9.7 Use of Delegated Authority by the Mayor over Christmas and New Year Recess 2023-24

025/24 Resolved

Cr Sprott / Cr Page

That Council note the report.

Voting

FOR: Unanimous

Carried

13.0 Transport and Assets Division Reports

13.2 Public Exhibition - Naming Proposal for Jean Hay AM

NOTE: Councillor Menano-Pires left the chamber at 9:01pm due to a declared significant non-pecuniary interest on this item

026/24 Resolved

Cr Page / Cr Ryburn

That Council place the proposal to name a lookout at Fairlight (as identified in the location map attached to this report) the Jean Hay Lookout in honour of former Mayor of Manly, Jean Hay AM, on public exhibition for a minimum of 28 days and report the outcome of the public exhibition back to Council.

Voting

FOR: Cr Glanville, Cr Grattan, Cr Bingham, Cr Korzy, Cr Gencher, Cr Page, Cr Heins, Cr Ryburn, Cr De Luca, Cr Sprott, Cr Crvelin, Cr Robins and Cr Walton

AGAINST: Nil

ABSENT: Cr Menano-Pires

Carried

15.0 Notices of Motion

15.1 Notice of Motion No 1/2024 - Underwater Photography Award for Excellence

NOTE: Councillor Menano-Pires returned to the chamber at 9:10pm

027/24 Resolved

Cr Bingham / Cr Glanville

That Council:

1. Name the major prize in Council's annual Underwater Photographic Competition as ‘The Valerie Taylor Underwater Photography Award For Excellence’.

2. Create a sustainable perpetual trophy for the above award, funded from the existing Ocean Festival budget.

Voting

FOR: Unanimous

Carried

15.2 Notice of Motion No 2/2024 - Innovation Regarding Dog Defecation Bags

028/24 Resolved

Cr De Luca / Cr Menano-Pires

That Council:

1. Note:

a. The advice of the Manager of Waste and Cleansing Services that each year Northern Beaches Council budgets $100,000 to assist dog owners by providing Dog Defecation Bags at certain parks and reserves.

b. At parks that Council has authorised for off-leash dog walking under Part 3 of the Companion Animals Act 1998, Clause 20(2) requires local authorities to provide waste receptacles designed for the purpose of disposal of dog faeces at places that are commonly used for dog exercise, however the Act does not require local authorities to provide bags for the same purpose.

c. Council provides for a network of 96 bag dispensers located in various off-leash dog parks and tracks and there are additional costs of labour in installing and replacing bags.

d. Council does not distinguish between litterbins in off-leash dog parks and other public areas as most bins provided in dog parks and trails are for general use and not specifically for dog faeces, however Council’s annual budget for maintaining and servicing the litterbins network on the Northern Beaches is approximately $3.85 million which equates to approximately $3,850 per bin, per location, including disposal costs.

e. Currently, there are no automatic vending machine type products that offer dog waste bags for purchase in Australia.

2. Resolve to:

a. Acknowledge these facilities provided to dog owners presently to help them but more are needed, however substantial costs are prohibitive.

b. Request Council’s Chief Executive Officer to ensure that staff liaise with Innovation NSW, Global Australia, relevant Universities as well as invite expressions of interest from the public to ascertain whether any organisation can develop and introduce paid vending machines for dog defecation bags and the costs, noting the number of grants on offer for such innovation projects by Investment NSW, GrantsAssist, Innovate NSW and others.

c. Request that the Chief Executive Officer report back to Council within 6 months as to the outcome of Council’s activities in (2b) above.

Voting

FOR: Cr Glanville, Cr Gencher, Cr Page, Cr De Luca, Cr Sprott, Cr Crvelin and Cr Menano-Pires

AGAINST: Cr Grattan, Cr Bingham, Cr Korzy, Cr Heins, Cr Ryburn, Cr Robins and Cr Walton

There being an equal number of votes the Mayor used her casting vote against the motion which was declared LOST.

15.3 Notice of Motion No 3/2024 - Review of Condition of Pittwater Rock Pools

NOTE: Councillor Sprott left the chamber at 9:38pm and returned at 9:43pm

NOTE: Councillor Page left the chamber at 9:45pm and returned at 9:46pm

NOTE: Councillor Glanville left the chamber at 9:46pm and returned at 9:47pm

NOTE: Councillor Robins left the chamber at 9:46pm and returned at 9:47pm

NOTE: Councillor Ryburn left the chamber at 10:12pm and returned at 10:13pm

Cr Korzy / Cr Glanville

That Councillors be provided with a briefing within 3 months on:

1. The condition of each rockpool within the Pittwater and Narrabeen Wards, north of Narrabeen lagoon.

2. The cleaning and maintenance regime: reporting on frequency of all aspects of cleaning, including removal of sand, seaweed, testing and results of water condition, variations from scheduled days and time for cleaning, equipment used and repairs carried out - both small and significant.

3. Options for improving condition and cleanliness of rockpools, particularly over the summer months.

Amendment

Cr Gencher / Cr De Luca

That Councillors be provided with a preliminary briefing on costs, scope and timing of the following:

1. An overall condition report of each rockpool across the Northern Beaches Council local government area.

2. The cleaning and maintenance regime: reporting on frequency of all aspects of cleaning, including chemicals utilised, removal of sand, seaweed, testing and results of water condition, variations from scheduled days and time for cleaning, equipment used, and repairs carried out - both small and significant.

3. Options for improving condition and cleanliness of rockpools, particularly over the summer months.

4. Evaluation of the safety measures implemented at each rockpool, including signage, lifeguard presence (if applicable), and accessibility features such as access, handrails, and ramps.

5. Assessment of the ecological impact of current cleaning and maintenance practices on the surrounding marine environment, including any potential harm to marine life or disruption of ecosystems.

6. Examination of the budget allocated for rockpool maintenance and any potential constraints or limitations that may affect the effectiveness of current cleaning and maintenance efforts.

7. Investigation into community engagement and feedback mechanisms regarding rockpool conditions, including opportunities for public input and involvement in decision-making processes.

8. Analysis of historical trends and data related to rockpool usage, visitor demographics, and any patterns or issues observed over time.

9. Exploration of innovative or alternative approaches to rockpool maintenance and improvement, such as eco-friendly cleaning methods, community-led initiatives, or partnerships with local organisations or businesses.

10. Consideration of broader implications, such as the integration of rockpool management into broader coastal conservation and management strategies, to ensure long-term sustainability and resilience of these assets.

029/24 Resolved - AMENDMENT be put

Cr Sprott / Cr Korzy

That the amendment be now put.

Voting

FOR: Cr Grattan, Cr Bingham, Cr Gencher, Cr Page, Cr Heins, Cr De Luca, Cr Sprott, Cr Crvelin, Cr Robins, Cr Menano-Pires and Cr Walton

AGAINST: Cr Glanville and Cr Korzy

ABSENT: Cr Ryburn

Carried

030/24 Resolved - Amendment