Minutes
Northern Beaches Council Meeting
held at the Civic Centre, Dee Why on
Tuesday 12 November 2024
MINUTES OF Northern Beaches Council Meeting - 12 November 2024
Minutes of the Northern Beaches Council Meeting
held on Tuesday 12 November 2024
at the Civic Centre, Dee Why
Commencing at 6.00pm
Councillors
Sue Heins (Mayor) |
Ruth Robins (Deputy Mayor) |
Jody Williams |
Ethan Hrnjak |
Joeline Hackman |
Nicholas Beaugeard |
Kristyn Glanville |
Bonnie Harvey |
Sarah Grattan – left the meeting at 9:59pm |
Candy Bingham |
Bob Giltinan OAM JP |
Vincent De Luca OAM |
Mandeep Singh JP– left the meeting at 11:10pm |
Rowie Dillon |
Miranda Korzy |
Officers
Scott Phillips |
Chief Executive Officer |
Kelly Loveridge |
Chief Operating Officer |
David Kerr |
Director Community & Recreation |
Todd Dickinson |
Director Environment & Open Space |
Louise Kerr |
Director Planning & Place |
Campbell Pfeiffer |
Director Transport & Assets |
Caroline Foley |
Chief Financial Officer |
Eskil Julliard |
General Counsel |
Mal McDonald |
Executive Manager Strategic & Place Planning |
Azmeena Kelly |
Executive Manager Environmental Compliance |
Russell Peake |
Acting Executive Manager Community, Arts & Culture |
Eva Havenstein |
Executive Manager Capital Projects |
Kristie Debney |
Executive Manager Property, Buildings & Beach Services |
Michael McDermid |
Manager Corporate Strategy |
Sarah Dunstan |
Executive Manager Governance & Risk |
Lesley Milbourne |
Manager Governance |
Lauren Reti |
Senior Advisor - Governance |
Dylan Buckley |
Service Desk Analyst |
Max Alexander |
Service Delivery Analyst |
Notes
The meeting commenced at 6:00pm, adjourned at 8:12pm, resumed at 8:22pm, moved into closed session at 10:45pm, resumed in open session at 11:32pm and concluded at 11:34pm
Table of Contents
1.0 Acknowledgement of Country
2.0 Apologies and Applications for Leave of Absence and Remote Attendance
5.0 Public Forum and Public Address
6.0 Items Resolved by Exception
9.4 Monthly Investment Report - September 2024
9.6 Delegated authority to Mayor over Christmas and New Year Recess 2024-25
9.7 Submission to Office of Local Government on councillor conduct and meeting practices
9.8 Code of Conduct Complaint Statistics
9.9 Audit Risk and Improvement Committee Confirmed Minutes - 11 June 2024
14.1 Notice of Motion No 38/2024 - Restoration of Bushland
14.2 Notice of Motion No 39/2024 - Outdoor Balloon Ban
14.3 Notice of Motion No 40/2024 - Vale Pru Wawn
12.2 Planning Proposal for 29-31 Moore Road & 64 Undercliff Road, Freshwater (PEX2024/0005)
13.1 Curl Curl to Freshwater Connectivity and Streetscape Upgrade Project
9.0 Corporate Services Division Reports
9.1 Annual Report and Financial Statements 2023/24
9.2 Quarterly Review - September 2024
9.3 Special Variation to rates - Community Engagement
9.5 Review and revocation of various policies
10.0 Community and Recreation Division Reports
10.1 Response to Notice of Motion No 8/2024 - Graffiti Taskforce/Working Group
12.0 Planning and Place Division Reports
18.0 Confidential Matters – Closed Session
19.0 Report of Confidential Resolutions
17.2 Audit, Risk and Improvement Committee - Recruitment
17.3 RFT 2024/088 - Design and Construct Newport Beach to Bilgola Beach Coast Walk
17.4 RFT 2024/061 - Lease of Bilgola Beach Cafe
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
Nil
3.0 Confirmation of Minutes
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
· Councillor Singh declared a pecuniary interest in relation to item 17.4 RFT 2024/061 – Lease of Bilgola Beach Cafe and item 9.5 Review and revocation of various policies and will leave the meeting for the discussion and voting on the items. The reason provided was:
“The business I own tendered for the Bilgola Beach Cafe lease outlined in this item.”
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
5.1 PUBLIC FORUM
· Rosemary Marshall addressed Council on Forest of the Fallen on the Northern Beaches.
· Anna Maria Monticelli addressed Council on the trial of dogs off leash at Barrenjoey Headland.
· Mark Horton addressed Council on the Mona Vale Place Plan.
· John Jenkins addressed Council on naming of a reserve at Careel Bay.
· Georgia Ryburn addressed Council on Council matters and key issues.
· Doug Price addressed Council on film production on the Northern Beaches.
· Douglas Rennie, on behalf of the Liberty Alliance Network, addressed Council on the serious health concerns related to synthetic DNA contamination.
· Juliette Moore addressed Council on the design and construction of the Newport Beach to Bilgola Coast Walk.
· Peter Middleton, on behalf of the Newport Residents Association, addressed Council on the design and construction of the Newport Beach to Bilgola Coast Walk.
· Ashton Davies addressed Council on the Manly Surf Life Saving Club.
5.2 PUBLIC ADDRESS
Item 10.1 Response to Notice of Motion No 8/2024 - Graffiti Taskforce/Working Group
· Mark Horton addressed Council against this item.
· Karina Page addressed Council against this item.
Item 12.1 Response to Notice of Motion No 23/2024 - Boat and Trailer Parking in Residential and Industrial Streets
· Karina Page addressed Council against this item.
Item 12.2 Planning Proposal for 29-31 Moore Road & 64 Undercliff Road, Freshwater (PEX2024/0005)
· Glenn Piper, on behalf of the Harbord Hotel, addressed Council in support of this item.
· Ashwin Field, on behalf of residents of Freshwater, addressed Council against this item.
That Ashwin Field be granted an extension of one minute to address the meeting. CARRIED |
· Jordan Reizes addressed Council against this item.
Item 13.1 Curl Curl to Freshwater Connectivity and Streetscape Upgrade Project
· Susan Ealey addressed Council in support of this item.
· Paul Kelsey addressed Council against this item.
6.0 Items Resolved by EXception
That items 9.4, 9.6, 9.7, 9.8, 9.9, 14.1 and 14.2 are dealt with by exception with the recommendations being adopted. CARRIED |
That Council note the Investment Report as at 30 September 2024, including the certification by the Responsible Accounting Officer. RESOLVED BY EXCEPTION |
That Council note the Code of Conduct complaint statistics for the period 1 September 2023 to 31 August 2024 in accordance with the Procedures for the Administration of the Northern Beaches Council Code of Conduct. RESOLVED BY EXCEPTION |
NOTE: Councillor Hrnjak submitted this notice of motion |
That Council: 1. Note the loss of 22ha of bushland as outlined in the State of our Region Report 2021-2024. 2. Reaffirm its commitment to protecting our tree canopy and bushland reserves. 3. Write to the relevant NSW Government Ministers requesting: a. funding for the restoration or acquisition of at least 22ha of bushland on the Northern Beaches b. that future infrastructure and development allows for the net retention of tree canopy and bushland on the Northern Beaches. 4. Request a further report to Council with the NSW Government response including alternative options if necessary to achieve the 22ha of restoration. RESOLVED BY EXCEPTION |
NOTE: Councillor Hrnjak submitted this notice of motion |
That Council: 1. Note that Council’s Waste Minimisation for Functions and Events Policy prohibits the sale and/or distribution of balloons at all public events and functions held on Council property and public open space. 2. Write to the Federal and NSW Environment Ministers: a. outlining Northern Beaches’ existing restrictions on balloons b. requesting that State and Federal governments ‘review the regulations on the sale and use of helium, especially relating to balloons; for them to educate the community on the harm of helium balloon releases; and ban the use of gas filled balloons on government-controlled land’. RESOLVED BY EXCEPTION |
That the order of business be changed so items 14.3, 12.2 and 13.1 be brought forward and dealt with immediately. CARRIED |
That: 1. Council consider a motion of urgency in relation to the environmental value of land after item 17.4 in the closed session of the Council meeting. 2. In accordance with the requirements of section 10A(2)(c) of the Local Government Act 1993 the motion is to be heard in closed session because the information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would put Council at a competitive disadvantage preventing it from achieving the best outcome for the community. CARRIED |
That in accordance with clause 19.1 of the Code of Meeting Practice the meeting be adjourned for 10 minutes. CARRIED |
NOTE: The meeting was adjourned at 8:12pm and resumed at 8:22pm
9.0 Corporate Services Division Reports
That: 1. The Annual Report 2023/24 including the audited Financial Statements and the auditor’s reports be noted and posted on Council’s website and provided to the Minister for Local Government. 2. The audited Financial Statements and the auditor’s reports for the 2023/24 financial year are hereby received. Voting FOR: Unanimous Carried |
That Council: 1. Note the Quarterly Report on Service Performance for the period ended September 2024. 2. Note the September 2024 Quarterly Budget Review Statement. 3. Approve the changes to the Current Forecast in the September 2024 Quarterly Budget Review Statement, including: a. an increase in the forecast surplus from continuing operations, which includes capital grants and contributions, of $6.661 million to $34.317 million b. an increase in Capital Expenditure of $6.030 million to $113.788 million. 4. Note the Quarterly Report on expenditure of funds from the Stronger Communities Fund for the period ended September 2024. Voting FOR: Cr Robins, Cr Williams, Cr Hrnjak, Cr Hackman, Cr Beaugeard, Cr Harvey, Cr Grattan, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Singh, Cr Dillon, Cr Korzy and Cr Heins AGAINST: Cr Glanville Carried |
1. Approve community engagement to be undertaken between mid-November 2024 and mid-January 2025 on proposed options for a Special Variation to rates. 2. Endorse community engagement on the below options for a Special Variation to rates: a. Option 1 Reduce service - Rate peg only (current path) b. Option 2 Maintain service - Rate peg + 6% pa over 3 years c. Option 3 Improve service - Rate peg + 8.3% pa over 2 years and 8.4% in year 3 d. Option 4 Increase service - Rate peg + 10% pa over 3 years. 3. Endorse the Community Engagement Plan. 4. Endorse the Delivery Program 2024-2028 and Operational Plan 2024/25 draft Addendums for options of a Special Variation to rates and revised Long-Term Financial Plan 2024-2034 for public exhibition during the community engagement period. 5. Note that the outcomes of the community engagement process will be reported to Council at an extraordinary meeting to be held in January 2025, with Council to determine whether an application should be submitted to IPART to apply for a Special Variation to rates to support Council’s financial sustainability. 6. Note: a. that the community consultation prior to Council’s adoption of the last Budget and Delivery Plan revealed that the highest number of (public) submissions, 31, received opposed the proposed 4.9% rate increase and most suggested ways of balancing the budget included Council reducing its own expenditure by cutting projects, looking at the organisation structure and focusing on core business b. the 2024/25 Events budget (excluding staff costs, general equipment, insurance and music licences) is $1,657,837 c. the 2024/25 Arts & Culture budget is $1,157,020 d. the 2024/25 Community Grants budget is $1,909,276, which includes $310,000 in grants under the Arts & Creativity and Events budgets e. the 2024/25 Marketing & Communications budget is $1,552,091 f. the budget for the 110.6 management FTE positions is $25.2 million and 39% of the 2024/25 Operating Expenditure budget is for all employee benefits and oncosts (excluding Kimbriki’s staff costs) g. the budget for vehicles allocated to staff in 2024/25 is $3.3 million h. that in 2023/24 Council collected: $2.2 million in Stormwater Charges but expended $11.6 million and $1.1 million was collected in Sporting User Fees, but $13.2 million was expended for the maintenance of sports fields, excluding capital renewal and upgrades. 7. In view of the matters raised in 6 above, the Chief Executive Officer be requested to furnish a report to the Extraordinary Meeting in January 2025 addressing: a. Council’s current management and staff structure, staff salaries and oncosts and any possible reforms and savings that could be implemented. b. Council’s Vehicle Pool, and whether novated leases for staff vehicles can be introduced instead of Council expending rate-payers’ money on such vehicles for cost saving purposes. c. what Council assets/land can be either repurposed, leased or sold for public benefit or public/private partnerships entered into to deliver new infrastructure and services to the Northern Beaches community. d. Council’s Budgets for Fees, Events, Grants, Marketing & Communications and other expenditure and possible savings. Voting FOR: Cr Hrnjak, Cr Glanville, Cr Harvey, Cr Giltinan, Cr De Luca, Cr Singh and Cr Korzy AGAINST: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Grattan, Cr Bingham, Cr Dillon and Cr Heins Lost |
THE MOTION WAS LOST AND DEBATE RESUMED ON THE FORESHADOWED MOTION |
That Council: 1. Approve community engagement to be undertaken between mid-November 2024 and mid January 2025 on proposed options for a Special Variation to rates. 2. Endorse community engagement on the below options for a Special Variation to rates: a. Option 1 Reduce service - Rate peg only (current path) b. Option 2 Maintain service - Rate peg + 6% pa over 3 years c. Option 3 Improve service - Rate peg + 8.3% pa over 2 years and 8.4% in year 3 d. Option 4 Increase service - Rate peg + 10% pa over 3 years. 3. Endorse the Community Engagement Plan. 4. Endorse the Delivery Program 2024-2028 and Operational Plan 2024/25 draft Addendums for options of a Special Variation to rates and revised Long-Term Financial Plan 2024-2034 for public exhibition during the community engagement period. 5. Note that the outcomes of the community engagement process will be reported to Council at an extraordinary meeting to be held in January 2025, with Council to determine whether an application should be submitted to IPART to apply for a Special Variation to rates to support Council’s financial sustainability. |
That the motion be now put. Lost |
That Council: 1. Approve community engagement to be undertaken between mid-November 2024 and mid January 2025 on proposed options for a Special Variation to rates. 2. Endorse community engagement on the below options for a Special Variation to rates: a. Option 1 Reduce service - Rate peg only (current path) b. Option 2 Maintain service - Rate peg + 6% pa over 3 years c. Option 3 Improve service - Rate peg + 8.3% pa over 2 years and 8.4% in year 3 d. Option 4 Increase service - Rate peg + 10% pa over 3 years. 3. Endorse the Community Engagement Plan. 4. Endorse the Delivery Program 2024-2028 and Operational Plan 2024/25 draft Addendums for options of a Special Variation to rates and revised Long-Term Financial Plan 2024-2034 for public exhibition during the community engagement period. 5. Note that the outcomes of the community engagement process will be reported to Council at an extraordinary meeting to be held in January 2025, with Council to determine whether an application should be submitted to IPART to apply for a Special Variation to rates to support Council’s financial sustainability. Voting FOR: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Grattan, Cr Bingham, Cr Dillon, Cr Korzy and Cr Heins AGAINST: Cr Hrnjak, Cr Glanville, Cr Harvey, Cr Giltinan, Cr De Luca and Cr Singh CARRIED |
NOTE: Councillor Singh left the chamber for this item due to a disclosure of interest NOTE: Councillor Grattan left the meeting at 9.59pm |
That Council: 1. Adopt the draft Complaints Resolution Policy. 2. Adopt the draft Internal Audit Charter. 3. Adopt the Outdoor Dining and Footpath Merchandise Policy. 4. Revoke the: a. Development / Construction Security Deposit Policy b. Placing of Hoardings and Scaffolding at Construction or Demolition Sites Policy c. Beach and Rockpool Management Policy (former Pittwater) d. Commercial use of Beaches, Reserves and Buildings/Facilities in Warringah Policy (former Warringah) 5. Defer the Moveable Heritage Policy to a future briefing. Voting FOR: Cr Robins, Cr Williams, Cr Hrnjak, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr Harvey, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Dillon, Cr Korzy and Cr Heins AGAINST: Nil ABSENT: Cr Grattan and Cr Singh Carried |
10.0 Community and Recreation Division Reports
12.0 Planning and Place Division Reports
That in accordance with clause 19.3 of the Code of Meeting Practice the meeting time be extended by 30 minutes. CARRIED |
17.0 Confidential Matters – Closed Session
That: 1. In accordance with the requirements of section 10A of the Local Government Act 1993 as addressed below, Council resolve to close the meeting to the public to consider and discuss: a. Item 17.1 Direct Service Delivery on the basis that it involves the receipt and discussion of personnel matters concerning particular individuals (other than councillors) [10A(2)(a) Local Government Act 1993]. b. Item 17.2 Audit, Risk and Improvement Committee - Recruitment on the basis that it involves the receipt and discussion of personnel matters concerning particular individuals (other than councillors) [10A(2)(a) Local Government Act 1993]. This report discusses/provides advice concerning personnel matters. c. Item 17.3 RFT 2024/088 - Design and Construct Newport Beach to Bilgola Beach Coast Walk on the basis that it involves the receipt and discussion of commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it [10A(2)(d(i)) Local Government Act 1993]. This report discusses/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commercial in confidence information. d. Item 17.4 RFT 2024/061 - Lease of Bilgola Beach Cafe on the basis that it involves the receipt and discussion of commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it [10A(2)(d(i)) Local Government Act 1993]. This report discusses/provides advice concerning commercial tenders. On balance, the public interest in preserving the confidentiality of the information about the matter outweighs the public interest in maintaining openness and transparency in Council decision-making because the disclosure of this information would result in the release of commercial in confidence information. 2. The resolutions passed by Council in closed session be made public after the conclusion of the closed session and such resolutions be recorded in the minutes of the Council meeting. NOTE: The meeting moved into closed session at 10:45pm CARRIED |
18.0 Report of CONFIDENTIAL Resolutions
In accordance with Council’s Code of Meeting Practice clause 15.22 the resolutions of confidential reports resolved by exception earlier in the meeting and resolutions passed in closed session were displayed on the public screens and livestream of the meeting webcast
That Council: 1. Endorse negotiations to commence as detailed in the report. 2. Delegate to the Chief Executive Officer the authority to do all things necessary to give effect to this resolution. Voting FOR: Cr Robins, Cr Williams, Cr Beaugeard, Cr Bingham, Cr Giltinan, Cr Singh, Cr Dillon and Cr Heins AGAINST: Cr Hrnjak, Cr Hackman, Cr Glanville, Cr Harvey, Cr De Luca and Cr Korzy ABSENT: Cr Grattan Carried
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That: 1. Council endorse a recruitment panel to assess and evaluate the expressions of interest for independent membership of the Audit, Risk and Improvement Committee, and provide recommendations to Council. 2. The recruitment panel is to comprise the Chief Executive Officer (or delegate), the Chair of the Audit, Risk and Improvement Committee and Councillor Robins. Voting FOR: Cr Robins, Cr Williams, Cr Hrnjak, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr Harvey, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Singh, Cr Dillon, Cr Korzy and Cr Heins AGAINST: Nil ABSENT: Cr Grattan Carried
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Procedural Motion - 1 Motion of Urgency |
That as a matter of urgency Council consider a motion in relation to the environmental value of land in Brookvale. Voting FOR: Cr Robins, Cr Williams, Cr Hrnjak, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr Harvey, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Dillon, Cr Korzy and Cr Heins AGAINST: Nil ABSENT: Cr Grattan and Cr Singh Carried |
PROCEDURAL MOTION – RESUME IN OPEN SESSION
That Council resume in open session. CARRIED |
NOTE: The meeting resumed in open session at 11:32pm
The meeting concluded at 11:34pm
This is the final page of the minutes comprising 20 pages numbered 1 to 20 of the Northern Beaches Council Meeting held on Tuesday 12 November 2024 and confirmed on Tuesday 10 December 2024
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Mayor |
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Chief Executive Officer |