MINUTES OF Northern
Beaches Council Meeting - 18
February 2025
Minutes of the Northern
Beaches Council Meeting
held
on Tuesday 18 February 2025
at the Civic Centre, Dee
Why
Commencing at 6.00pm
Attendance:
Councillors
Sue Heins (Mayor)
|
Ruth Robins (Deputy Mayor)
|
Jody Williams
|
Joeline Hackman
|
Nicholas Beaugeard
|
Kristyn Glanville
|
Bonnie Harvey
|
Sarah Grattan
|
Candy Bingham
|
Bob Giltinan OAM JP
|
Vincent De Luca OAM
|
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
|
Sarah Dunstan
|
Executive Manager Governance
& Risk
|
Kristie Debney
|
Executive Manager Property,
Buildings & Beach Services
|
Jeremy Smith
|
Executive Manager Parks &
Open Space
|
Mal McDonald
|
Executive Manager Strategic
& Place Planning
|
Craig Sawyer
|
Executive Manager Transport
& Civil Infrastructure
|
Michael McDermid
|
Manager Corporate Strategy
|
Lesley Milbourne
|
Manager Governance
|
Mat Maish
|
Senior Advisor Governance
|
Dylan Buckley
|
Service Desk Analyst
|
Max Alexander
|
Service Delivery Analyst
|
Notes
The
meeting commenced at 6.00pm, adjourned at 8.19pm, resumed at 8.33pm, moved into
closed session at 11.02pm, resumed in open session at 11.31pm and concluded at
11.32pm.
Table of Contents
1.0 Acknowledgement
of Country. 4
2.0 Apologies and
Applications for Leave of Absence and Remote Attendance. 4
3.0 Confirmation of Minutes. 4
4.0 Disclosures of Interest 5
5.0 Public Forum and Public Address. 5
6.0 Items Resolved by
Exception. 6
7.1 Mayoral Minute No
1/2025 - Acknowledgement of Australia Day Honours 2025 Recipients. 6
9.1 Use of Delegated
Authority by the Mayor over Christmas and New Year Recess Period 2024-25 6
12.1 Amended Affordable Housing
Contributions Scheme – 159-167 Darley Steet, Mona Vale. 6
12.2 Public Exhibition of Draft
Planning Agreement at 16 Macpherson Street, Warriewood. 7
12.3 Northern Beaches Business
Industry and Stakeholder Committee Confirmed Minutes - 4 December 2024. 7
14.3 Notice of Motion No 2/2025 -
Improving Decision Making Concerning Capital Works Expenditure 7
14.7 Notice of Motion No 6/2025 -
The Late Joan Somerville OAM.. 8
17.1 RFT 2024/175 - Lease and
Licence Village Park Cafe/Restaurant, 1 Park Street Mona Vale. 8
7.0 Mayoral
Minutes. 9
7.2 Mayoral Minute No
2/2025 - NSW Government - Impact of Cost Shifting to Local Government 9
9.0 Corporate
Services Division Reports. 15
9.2 Audit Risk and
Improvement Committee Confirmed Minutes - 10 September 2024. 15
9.3 Review and
revocation of various Policies. 15
9.4 Monthly Investment
Report - November 2024. 16
9.5 Monthly Investment
Report - December 2024. 17
9.6 Quarterly Review -
December 2024. 17
9.7 Draft submission -
Office of Local Government Draft Model Meeting Code. 18
11.0 Environment and
Open Space Division Reports. 20
11.1 Draft Tree Management Policy -
Public Exhibition. 20
11.2 Response to Notice of Motion No
35/2024 - Review of Stewardship and Creation of Tree Management Policy. 20
11.3 Outcome of Public Exhibition -
Naming Proposal - Ronda Alterator Reserve. 20
12.0 Planning and Place
Division Reports. 21
12.4 Manly Special Entertainment
Precinct 21
13.0 Transport and
Assets Division Reports. 22
13.1 Outcome of Public Exhibition -
Provision of Public Electric Vehicle Charging Infrastructure. 22
18.0 Confidential Matters – Closed Session. 23
19.0 Report of Confidential
Resolutions. 24
17.1 RFT 2024/175 - Lease and
Licence Village Park Cafe/Restaurant, 1 Park Street Mona Vale. 24
17.2 RFT 2024/021 - Community
Centres Keyless Access. 25
17.3 RFT 2024/093 - Licence of Manly
Visitor Information Centre Kiosk. 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
|
005/25 Resolved
Cr Robins / Cr Giltinan
That Council accept
the application for a leave of absence from Councillors Hrnjak and Singh for
the February Ordinary Council meeting.
CARRIED
|
3.0 Confirmation
of Minutes
3.1 Minutes of the
Ordinary Northern Beaches Council Meeting held on 10 December 2024
|
006/25 Resolved
Cr Harvey / Cr Williams
That the minutes of
the Ordinary Northern Beaches Council Meeting held on 10 December 2024,
copies of which were previously circulated, are hereby confirmed as a true
and correct record of the proceedings of that meeting.
CARRIED
|
3.2 Minutes of the Extraordinary
Northern Beaches Council Meeting held on 28 January 2025
|
007/25 Resolved
Cr Harvey / Cr Williams
That the minutes of
the Extraordinary Northern Beaches Council Meeting held on 28 January 2025,
copies of which were previously circulated, are hereby confirmed as a true
and correct record of the proceedings of that meeting.
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
·
Councillor Grattan declared
a not significant non-pecuniary interest in relation to Item 9.3 Review and
Revocation of Various Policies and will leave the meeting for the discussion
and voting on the item. The reason provided was:
“I am the CEO of a Northern Beaches charity
that runs a series of “op shops” that is eligible to utilise the
fee waiver proposed to be revoked.”
·
Councillor De Luca declared
a not significant non-pecuniary interest in relation to Item 11.3 Outcome of
Public Exhibition - Naming Proposal - Ronda Alterator Reserve and will remain
in the meeting for the discussion and voting on the item. The reason provided
was:
“I knew the late Ronda Alterator OAM
however I did not socialise with them and did not have a close relationship
with them.”
·
Councillor De Luca declared
a not significant non-pecuniary interest in relation to Item 14.7 Notice of
Motion No 6/2025 - The Late Joan Somerville OAM and will remain in the meeting
for the discussion and voting on the item. The reason provided was:
“I knew the late Joan Somerville OAM,
however I did not socialise with them and did not have a close relationship
with them.”
·
Councillor Robins declared a
not significant non-pecuniary interest in relation to Item 11.3 Outcome of
Public Exhibition - Naming Proposal - Ronda Alterator Reserve and will remain
in the meeting for the discussion and voting on the item. The reason provided
was:
“The late Ronda Alterator OAM was known to
me.”
·
Councillor Glanville
declared a not significant non-pecuniary interest in relation to Item 9.3
Review and Revocation of Various Policies and will remain in the meeting for
the discussion and voting on the item. The reason provided was:
“My husband is an employee of Lifeline Northern
Beaches, which is a not for profit that would potentially be eligible under
this policy.”
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
·
Robert Bruce addressed Council on rates and financing.
·
Douglas Stewart addressed Council on arts, craft and Council
spending.
5.2 PUBLIC ADDRESS
Item 11.1 Draft Tree Management Policy -
Public Exhibition
·
Deborah Collins, on behalf of Canopy Keepers addressed Council in
support of this item.
6.0 Items
Resolved by EXception
7.1 Mayoral Minute No 1/2025 - Acknowledgement
of Australia Day Honours 2025 recipients
|
009/25 Resolved
Cr Robins / Cr Beaugeard
That Council:
1. Acknowledge the Northern Beaches recipients of the 2025
Australia Day Honours.
2. Write
to congratulate them on their recognition and thank them for their
contribution to our community.
RESOLVED BY
EXCEPTION
|
9.1 Use of Delegated Authority by the Mayor over
Christmas and New Year Recess Period 2024-25
|
010/25 Resolved
Cr Robins / Cr Beaugeard
That Council note the report.
RESOLVED BY
EXCEPTION
|
12.1 Amended Affordable Housing Contributions Scheme – 159-167
Darley Steet, Mona Vale
|
011/25 Resolved
Cr Robins / Cr Beaugeard
That Council adopt the amended Affordable Housing Contributions Scheme at
Attachment 3 of this report.
RESOLVED BY
EXCEPTION
|
12.2 Public Exhibition of Draft Planning Agreement at 16 Macpherson
Street, Warriewood
|
012/25 Resolved
Cr Robins / Cr Beaugeard
That:
1. Council place the draft Planning Agreement for 16
Macpherson Street, Warriewood and supporting documentation on public
exhibition.
2. The outcomes of the public exhibition be reported to
Council.
RESOLVED BY
EXCEPTION
|
12.3 Northern Beaches Business Industry and Stakeholder Committee
Confirmed Minutes - 4 December 2024
|
013/25 Resolved
Cr Robins / Cr Beaugeard
That Council note:
1. The confirmed minutes of the Northern Beaches Business
Industry and Stakeholder Committee meeting held on 4 December 2024.
2. Meeting minutes do not
seek action from Council.
RESOLVED BY
EXCEPTION
|
14.3 Notice of Motion No 2/2025 - Improving decision making concerning
capital works expenditure
|
NOTE: Councillor Glanville submitted this
notice of motion
|
014/25 Resolved
Cr Robins / Cr Beaugeard
That Council provide a report to Councillors within 6
months regarding:
1. Different methodologies used by government and
other large institutions for objectively calculating the net costs and
benefits of large capital expenditure projects, including Cost Benefit Analysis (CBA) and Cost
Effectiveness Analysis (CEA).
2. What would be the cost, per project, of
undertaking such an analysis for each proposed capital works project?
3. If a suitable methodology exists, what
expenditure threshold/s would be appropriate to trigger a requirement for
such analysis?
RESOLVED BY
EXCEPTION
|
14.7 Notice of Motion No 6/2025 - The Late Joan Somerville OAM
|
NOTE: Councillor De Luca OAM submitted this
notice of motion
|
015/25 Resolved
Cr Robins / Cr Beaugeard
That:
1. Council note with sadness the passing of Mrs
Joan Somerville OAM, a Life Member of Warringah Amateur Swimming Association
and Hall of Fame inductee and Life Member of Queenscliff Ladies Amateur
Swimming Club.
2. In view of Mrs Somerville’s outstanding
service to swimming since 1961, particularly as a Foundation member and long
time President of Queenscliff Ladies Amateur Swimming Club, Council liaise
with the Somerville family for an appropriate memorial in honour of her
outstanding service.
RESOLVED BY
EXCEPTION
|
17.1 RFT 2024/175 - Lease and Licence Village
Park Cafe/Restaurant, 1 Park Street Mona Vale
|
016/25 Resolved
Cr Robins /
Cr Beaugeard
That:
1. In accordance with section 178(1)(b) of the
Local Government (General) Regulation 2021, decline to accept the tender
submission received from A.K.C.N Group Pty Ltd for RFT 2024/175 –
Café/Restaurant for Lease at 1 Park Street, Mona Vale.
2. In accordance with section 178(3)(e) of Local
Government (General) Regulation 2021 enter negotiations with A.K.C.N Group
Pty 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. a comprehensive Request for Tender process was
undertaken for the site with no complying tenders
b. the current soft market conditions for hospitality
businesses have resulted in fewer operators seeking new locations and opportunities
to invest capital in new sites
c. given the processes undertaken, inviting fresh
tenders or applications would be unlikely to result in a significantly different
outcome or an improved result for Council
d. in the circumstances where the premises is
currently vacant, the best outcome for Council is likely to be achieved by
direct negotiation.
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 A.K.C.N Group Pty Ltd are that:
a. while the tender from A.K.C.N did not complete
all of the required information, as a tenant of Council in another premises,
it is known to have strong industry experience and the capability to deliver
the desired tender outcomes
b. the tender from A.K.C.N Group Pty Ltd demonstrated
an understanding of the market and a vision for the premises through the
supplied business plan.
5. Council delegate authority to the Chief Executive
Officer to undertake direct negotiations with A.K.C.N Group Pty Ltd and do
all things necessary and execute all relevant documentation to give effect to
this resolution including if negotiations are successful, execution of a
lease and licence.
RESOLVED BY
EXCEPTION
|
7.0 Mayoral
Minutes
7.2 Mayoral Minute No 2/2025 - NSW Government -
impact of cost shifting to Local Government
|
Cr Heins
That Council:
1. Write
urgently to the Premier, the Treasurer, the Minister for Local Government,
the Shadow Premier, the Shadow Treasurer, the Shadow Minister for Local
Government, the Member for Pittwater, the Member for Davidson, the Member for
Wakehurst and the Member for Manly calling on them to:
a. deliver
State assistance to Northern Beaches Council budgets by reducing direct
levies ($20.3 million in 2024), waste disposal fees ($3.4 million in 2024)
and other cost shifting ($379 per ratepayer in total) in order to reduce
rates
b. stop
the shifting of additional financial burdens onto our ratepayers without
commensurate funding such as additional free parking stickers ($0.5 million),
Beachwatch monitoring ($0.25 million) and upcoming FOGO reforms (estimated to
cost between $7.9-$11 million)
c. remove
rate exemptions for Government owned properties and private education,
hospitals, retirement villages, religious organisations and community housing
providers
d. implement
in full the recommendations of the NSW Legislative Council Inquiry into the
ability of local government to fund infrastructure and services.
|
Amendment
Cr De Luca / Cr Giltinan
That Council:
1.
Write urgently to the Premier, the Treasurer,
the Minister for Local Government, the Shadow Premier, the Shadow Treasurer,
the Shadow Minister for Local Government, the Member for Pittwater, the
Member for Davidson, the Member for Wakehurst and the Member for Manly
calling on them to:
a.
amend the Local Government Act 1993 to
ensure that it is specific as to what services a council can and cannot
provide, to eliminate duplication between State and Federal levels and waste
on non-core projects and events
b.
amend the Local Government Act 1993 to
ensure better regulation of project management and capital works, to prevent
millions of dollars on cost and project time blow outs
c.
introduce salary scales for senior executives
and management in councils (similar to the NSW Government’s senior executive
and senior officers’ pay scale) to prevent excessive salaries and
benefits, and also introduce legislation to ensure that Council senior executives
and officers are not purchased vehicles using ratepayers’ money and
salary sacrificing/novated leasing is introduced
d.
amend legislation to prevent councils and the
Independent Pricing and Regulatory Review Tribunal (IPART) from
advertising/notifying and consulting on Special Rate Review increases during
a holiday period, particularly Christmas and the New Year
e.
ensure that IPART conducts a public hearing
inviting members of the public to appear and make submissions in relation to
any Special Rate Rise application
f.
deliver State assistance to Northern Beaches
Council budgets by reducing direct levies and cost shifting, noting that
waste disposal costs DO NOT come out of rates, and by law, such funds are
shown as a separate ‘Domestic Waste Management Charge’ and thus
should not be used as a reason to increase rates by Northern Beaches
Council
g.
stop the shifting of additional financial
burdens onto ratepayers without commensurate funding such as additional free
parking stickers ($0.5 million) and Beachwatch monitoring, noting that:
i.
Emergency Services were always funded by councils
directly before this was centralised in 2014 when the then Coalition State
Government took up funding responsibility and recovery of costs from all councils
in a fairer and more transparent manner
ii.
In relation to free car parking stickers, the
former Manly Council introduced digital parking permits in 2010 to reduce
defrauding the system; this was rescinded by the Administrator and Council
has since proposed to re-introduce digital parking permits this year and next
which will prevent fraud and increase Council’s revenue
iii.
FOGO is a direct domestic waste management
charge and does not affect rates
h.
remove rate exemptions for private education
schools (unless they are providing special education/services to people with
disability or support for low economic and socially disadvantaged noting
that:
i.
If exemptions for Crown Land, hospitals, retirement
villages/nursing Homes/Community Housing and well as charities operating
under religious organisations were not given exemptions, this could
significantly adversely impact vulnerable people, facilities and services
diminished and Council makes significant money and income from Crown Land
leases and should rates be introduced, this could actually increase
Council’s costs
i. to urgently respond to the
recommendations of the NSW Legislative Council Inquiry into the ability of local
government to fund infrastructure and services.
2. Noting
the CEO’s and Director of Transport and Assets advice to Councillors
that it is too difficult to dispose
of/re-classify/lease Council owned/controlled property, under the
Local Government Act 1993 and Crown Land Management Act 2016,
that a legal opinion be sought and
reported to Council recommending any required changes to this legislation.
|
017/25 Resolved - AMENDMENT Dealt with
in Seriatim
Cr De Luca / Cr Giltinan
That the clauses 1 a - i and point 2 be dealt with in
seriatim.
Voting
FOR: Cr Robins, Cr Hackman, Cr Glanville, Cr
Harvey, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Dillon and Cr Korzy
AGAINST: Cr Williams, Cr Beaugeard, Cr Grattan and Cr
Heins
Carried
|
018/25 Resolved
Cr De Luca / Cr Giltinan
That Council:
1.
Write urgently to the
Premier, the Treasurer, the Minister for Local Government, the Shadow
Premier, the Shadow Treasurer, the Shadow Minister for Local Government, the
Member for Pittwater, the Member for Davidson, the Member for Wakehurst and
the Member for Manly calling on them to:
a.
amend the Local
Government Act 1993 to ensure that it is specific as to what services a council
can and cannot provide, to eliminate duplication between State and Federal
levels and waste on non-core projects and events
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Bingham, Cr Giltinan, Cr De Luca, Cr Dillon and Cr Heins
AGAINST: Cr Beaugeard, Cr Glanville, Cr Harvey, Cr
Grattan and Cr Korzy
Carried
|
Cr De Luca / Cr Giltinan
b.
amend the Local Government Act 1993 to
ensure better regulation of project management and capital works, to prevent
millions of dollars on cost and project time blow outs
Voting
FOR: Cr Glanville, Cr Bingham, Cr Giltinan and Cr De Luca
AGAINST: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Harvey, Cr
Grattan, Cr Dillon, Cr Korzy and Cr Heins
Lost
|
019/25 Resolved
Cr De Luca / Cr Giltinan
c.
introduce salary scales
for senior executives and management in councils (similar to the NSW
Government’s senior executive and senior officers’ pay scale) to
prevent excessive salaries and benefits, and also introduce legislation to
ensure that Council senior executives and officers are not purchased vehicles
using ratepayers’ money for personal use and salary sacrificing/novated
leasing is introduced
Voting
FOR: Cr Robins, Cr Glanville, Cr Harvey, Cr
Grattan, Cr Bingham, Cr Giltinan and Cr De Luca
AGAINST: Cr Williams, Cr Hackman, Cr Beaugeard, Cr
Dillon, Cr Korzy and Cr Heins
Carried
|
020/25 Resolved
Cr De Luca / Cr Giltinan
d.
amends legislation to
prevent councils and the Independent Pricing and Regulatory Review Tribunal
(IPART) from advertising/notifying and consulting on Special Rate Review
increases during a holiday period, particularly Christmas and the New
year
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Glanville, Cr Harvey, Cr Grattan, Cr Bingham, Cr Giltinan, Cr De Luca, Cr
Dillon, Cr Korzy and Cr Heins
AGAINST: Nil
ABSENT: Cr Beaugeard
Carried
|
021/25 Resolved
Cr De Luca / Cr Giltinan
e.
ensure that IPART conducts
a public hearing inviting members of the public to appear and make submissions
in relation to any Special Rate Rise application
Voting
FOR: Cr Robins, Cr Glanville, Cr Harvey, Cr
Bingham, Cr Giltinan, Cr De Luca, Cr Dillon and Cr Korzy
AGAINST: Cr Williams, Cr Hackman, Cr Grattan and Cr
Heins
ABSENT: Cr Beaugeard
Carried
|
022/25 Resolved
Cr De Luca / Cr Giltinan
f.
deliver State assistance
to Northern Beaches Council budgets by reducing direct levies and cost
shifting, and including various waste disposal costs where levies are not
returned to the community.
Voting
FOR: Cr Robins, Cr Williams, Cr Glanville, Cr
Harvey, Cr Grattan, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Dillon, Cr Korzy
and Cr Heins
AGAINST: Nil
ABSENT: Cr Hackman and Cr Beaugeard
Carried
|
Cr De Luca / Cr Giltinan
g.
stop the shifting of additional financial
burdens onto ratepayers without commensurate funding such as additional free
parking stickers ($0.5 million) and Beachwatch monitoring, noting that:
i.
Emergency Services were always funded by councils
directly before this was centralised in 2014 when the then Coalition State
Government took up funding responsibility and recovery of costs from all councils
in a fairer and more transparent manner.
ii.
In relation to free car parking stickers, the
former Manly Council introduced digital parking permits in 2010 to reduce
defrauding the system; this was rescinded by the Administrator and Council
has since proposed to re-introduce digital parking permits this year and next
which will prevent fraud and increase Council’s revenue.
iii.
FOGO is a direct domestic waste management
charge and does not affect rates.
WITHDRAWN
|
023/25 Resolved
Cr De Luca / Cr Giltinan
h.
remove rate exemptions for
private education schools unless they are providing substantial special education/services
to people with disability or support for low economic and socially
disadvantaged, and further considering:
i.
exemptions for Crown Land,
hospitals, retirement villages/nursing homes/community housing and well as
charities operating under religious organisations were not given exemptions,
this could consider the impact on vulnerable people, facilities and services
diminished and Council makes significant money
ii.
the impact of income on
Crown Land leases should rates be introduced.
Voting
FOR: Cr Robins, Cr Williams, Cr Glanville, Cr
Grattan, Cr Bingham, Cr Giltinan, Cr De Luca and Cr Heins
AGAINST: Cr Hackman, Cr Beaugeard, Cr Dillon and Cr Korzy
ABSENT: Cr Harvey
Carried
|
024/25 Resolved
Cr De Luca / Cr Giltinan
i.
to urgently respond to the
recommendations of the NSW Legislative Council Inquiry into the ability of local
government to fund infrastructure and services.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Beaugeard, Cr Glanville, Cr Grattan, Cr Bingham, Cr Giltinan, Cr De Luca and
Cr Heins
AGAINST: Cr Dillon and Cr Korzy
ABSENT: Cr Harvey
Carried
|
025/25 Resolved - Adjourn the Meeting
Cr Bingham / Cr Williams
That in accordance with clause 19.1 of the Code of
Meeting Practice the meeting be adjourned for 10 minutes.
CARRIED
|
Cr De Luca / Cr Giltinan
2. Noting
the CEO’s and Director of Transport and Assets advice to Councillors
that it is too difficult
to dispose of/re-classify/lease Council owned/controlled property, under the Local
Government
Act 1993 and Crown Land Management Act 2016, that a legal opinion
be sought and reported to council recommending any
required changes to this legislation.
Voting
FOR: Cr Bingham, Cr Giltinan and Cr De Luca
AGAINST: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr
Harvey, Cr Grattan, Cr Dillon, Cr Korzy and Cr Heins
Lost
|
7
OUT OF THE 9 POINTS OF THE AMENDMENT HAVE BEEN CARRIED AND BECAME THE MOTION
|
026/25 Resolved - Motion
Cr De Luca / Cr Giltinan
That Council write urgently to the Premier, the
Treasurer, the Minister for Local Government, the Shadow Premier, the Shadow
Treasurer, the Shadow Minister for Local Government, the Member for
Pittwater, the Member for Davidson, the Member for Wakehurst and the Member
for Manly calling on them to:
1.
amend the Local
Government Act 1993 to ensure that it is specific as to what services a council
can and cannot provide, to eliminate duplication between State and Federal
levels and waste on non-core projects and events
2.
introduce salary scales
for senior executives and management in councils (similar to the NSW
Government’s senior executive and senior officers’ pay scale) to
prevent excessive salaries and benefits, and also introduce legislation to
ensure that Council senior executives and officers are not purchased vehicles
using ratepayers’ money for personal use and salary sacrificing/novated
leasing is introduced
3.
amend legislation to
prevent councils and the Independent Pricing and Regulatory Review Tribunal
(IPART) from advertising/notifying and consulting on Special Rate Review
increases during a holiday period, particularly Christmas and the New year
4.
ensure that IPART conducts
a public hearing inviting members of the public to appear and make submissions
in relation to any Special Rate Rise application
5.
deliver State assistance
to Northern Beaches Council budgets by reducing direct levies and cost
shifting, and including various waste disposal costs where levies are not
returned to the community.
6.
remove rate exemptions for
private education schools unless they are providing substantial special education/services
to people with disability or support for low economic and socially
disadvantaged, and further considering:
a.
exemptions for Crown Land,
hospitals, retirement villages/nursing homes/community housing and well as
charities operating under religious organisations were not given exemptions,
this could consider the impact on vulnerable people, facilities and services
diminished and Council makes significant money
b.
the impact of income on
Crown Land leases should rates be introduced.
7.
to urgently respond to the
recommendations of the NSW Legislative Council Inquiry into the ability of local
government to fund infrastructure and services.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Beaugeard, Cr Glanville, Cr Harvey, Cr Grattan, Cr Bingham, Cr Giltinan and
Cr De Luca
AGAINST: Cr Dillon, Cr Korzy and Cr Heins
Carried
|
9.0 Corporate
Services Division Reports
9.2 Audit Risk and Improvement Committee
Confirmed Minutes - 10 September 2024
|
027/25 Resolved
Cr Robins / Cr Grattan
That Council note the confirmed
minutes of the Audit, Risk and Improvement Committee meetings held on 10
September 2024.
Voting
FOR: Unanimous
Carried
|
9.3 Review and revocation of various Policies
|
NOTE: Councillor Grattan left the chamber for debate and voting on
this item due to a declared disclosure of interest
|
Cr Bingham / Cr Robins
That Council:
1. Adopt the:
a. Child Safeguarding Policy
b. Managing Unreasonable Conduct by Complainants Policy
c. Single Use Plastics Policy
d. Community Gardens Policy.
2. Revoke the Financial Assistance for
Charitable or Not for Profit Community Organisations for Waste Disposal at
Kimbriki Policy.
|
Amendment
Cr Glanville / Cr Hackman
That Council:
1. Adopt the:
a. Child Safeguarding Policy
b. Managing Unreasonable Conduct by
Complainants Policy
c. Single Use Plastics Policy
d. Community Gardens Policy.
e. Financial Assistance for
Charitable or Not for Profit Community Organisations for Waste Disposal at
Kimbriki Policy
2. Contact local charitable and not
for profit organisations (particularly second hand charity shops and
‘beach clean’ groups) to inform them of the Financial Assistance
for Charitable or Not for Profit Community Organisations for Waste Disposal
at Kimbriki Policy.
3. Write to the relevant NSW
Government Minister to suggest the NSW Government consider including swim
centre staff as mandatory reporters.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr
Harvey, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Dillon and Cr Korzy
AGAINST: Cr Heins
ABSENT: Cr Grattan
Carried
|
THE AMENDMENT WAS CARRIED AND BECAME THE
MOTION
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028/25 Resolved
Cr Glanville / Cr Hackman
That Council:
1. Adopt the:
a. Child
Safeguarding Policy
b. Managing
Unreasonable Conduct by Complainants Policy
c. Single Use
Plastics Policy
d. Community
Gardens Policy.
e. Financial
Assistance for Charitable or Not for Profit Community Organisations for Waste
Disposal at Kimbriki Policy
2. Contact
local charitable and not for profit organisations (particularly second hand
charity shops and ‘beach clean’ groups) to inform them of the
Financial Assistance for Charitable or Not for Profit Community Organisations
for Waste Disposal at Kimbriki Policy.
3. Write to the
relevant NSW Government Minister to suggest the NSW Government consider
including swim centre staff as mandatory reporters.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard,
Cr Glanville, Cr Harvey, Cr Bingham, Cr Giltinan, Cr De Luca, Cr Dillon and
Cr Korzy
AGAINST: Cr Heins
ABSENT: Cr Grattan
Carried
|
9.4 Monthly Investment Report - November 2024
|
029/25 Resolved
Cr Robins / Cr Bingham
That Council note the
Investment Report as at 30 November 2024, including the certification by the
Responsible Accounting Officer.
Voting
FOR: Unanimous
Carried
|
9.5 Monthly Investment Report - December 2024
|
030/25 Resolved
Cr Robins / Cr Beaugeard
That Council note the
Investment Report as at 31 December 2024, including the certification by the
Responsible Accounting Officer.
Voting
FOR: Unanimous
Carried
|
9.6 Quarterly Review - December 2024
|
Cr Robins / Cr Williams
That Council:
1. Note
the Quarterly Report on Service Performance for the period ended December
2024.
2. Note
the December 2024 Quarterly Budget Review Statement.
3. Approve
the changes to the Current Forecast in the December 2024 Quarterly Budget
Review Statement, including:
a. an
increase in the forecast surplus from continuing operations, which includes
capital grants and contributions, of $4.210 million to $38.526 million
b. a
decrease in Capital Expenditure of $3.805 million to $109.983 million.
4. Approve
the re-allocation of $99,592 from the internally restricted reserve
‘Merger Savings Fund’ from ‘Creative art space at the
northern end of the Northern Beaches’ to urgent works at Glen Street
Theatre.
5. Note
the Quarterly Report on expenditure of funds from the Stronger Communities
Fund for the period ended December 2024.
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Amendment
Cr Korzy / Cr Harvey
That Council:
1. Note the Quarterly Report on
Service Performance for the period ended December 2024.
2. Note the December 2024 Quarterly
Budget Review Statement.
3. Approve the changes to the
Current Forecast in the December 2024 Quarterly Budget Review Statement,
including:
a. an increase in the forecast
surplus from continuing operations, which includes capital grants and
contributions, of $4.210 million to $38.526 million
b. a decrease in Capital
Expenditure of $3.805 million to $109.983 million with the Glen Street
Theatre renewal works of $0.122 million to be fully funded from
Depreciation/Working Capital.
4. Note the Quarterly Report on
expenditure of funds from the Stronger Communities Fund for the period ended
December 2024.
Voting
FOR: Cr Hackman, Cr Glanville, Cr Harvey, Cr Dillon and Cr Korzy
AGAINST: Cr Robins, Cr Williams, Cr Beaugeard, Cr Grattan, Cr Bingham, Cr
Giltinan, Cr De Luca and Cr Heins
Lost
|
THE AMENDMENT WAS LOST AND DEBATE RESUMED
ON THE ORIGINAL MOTION
|
031/25 Resolved - Motion
Cr Robins / Cr Williams
That Council:
1. Note
the Quarterly Report on Service Performance for the period ended December
2024.
2. Note
the December 2024 Quarterly Budget Review Statement.
3. Approve
the changes to the Current Forecast in the December 2024 Quarterly Budget
Review Statement, including:
a. an increase in the
forecast surplus from continuing operations, which includes capital grants
and contributions, of $4.210 million to $38.526 million
b. a decrease in
Capital Expenditure of $3.805 million to $109.983 million.
4. Approve the
re-allocation of $99,592 from the internally restricted reserve ‘Merger
Savings Fund’ from ‘Creative art space at the northern end of the
Northern Beaches’ to urgent works at Glen Street Theatre.
5. Note
the Quarterly Report on expenditure of funds from the Stronger Communities
Fund for the period ended December 2024.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Beaugeard, Cr Glanville, Cr Harvey, Cr Grattan, Cr Bingham and Cr Heins
AGAINST: Cr De Luca
ABSENT: Cr Giltinan, Cr Dillon and Cr Korzy
Carried
|
9.7 Draft submission - Office of Local
Government Draft Model Meeting Code
|
Cr Williams / Cr Grattan
That
Council endorse the submission provided at Attachment 1 for provision to the
Office of Local Government by 28 February 2025.
|
Amendment
Cr Harvey / Cr Glanville
That Council:
1. Endorse the submission
provided at Attachment 1 for provision to the Office of Local Government by
28 February 2025.
2. Write to the Minister for
Local Government to request a meeting as part of the consultation on the
Government’s review of the councillor conduct and meeting practices
framework.
Voting
FOR: Cr Glanville, Cr Harvey, Cr Grattan, Cr Dillon and Cr Korzy
AGAINST: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Bingham, Cr
Giltinan, Cr De Luca and Cr Heins
Lost
|
THE AMENDMENT WAS LOST AND DEBATE RESUMED
ON THE FOLLOWING AMENDMENT
|
Amendment
Cr De Luca / Cr Bingham
That Council endorse the submission
provided at Attachment 1 for provision to the Office of Local Government by
28 February 2025, subject to the removal of clause 17.6 from the draft
submission.
Voting
FOR: Cr Bingham, Cr Giltinan and Cr De Luca
AGAINST: Cr Robins, Cr Williams, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr
Harvey, Cr Grattan, Cr Dillon, Cr Korzy and Cr Heins
Lost
|
THE AMENDMENT WAS LOST AND DEBATE RESUMED
ON THE ORIGINAL MOTION
|
032/25 Resolved - Motion
Cr Williams / Cr Grattan
That
Council endorse the submission provided at Attachment 1 for provision to the
Office of Local Government by 28 February 2025.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Beaugeard, Cr Glanville, Cr Harvey, Cr Grattan, Cr Dillon, Cr Korzy and Cr
Heins
AGAINST: Cr Bingham, Cr Giltinan and Cr De Luca
Carried
|
11.0 Environment
and Open Space Division Reports
11.1 Draft Tree Management Policy - Public Exhibition
|
033/25 Resolved
Cr Korzy / Cr Glanville
That the draft Tree Management Policy be placed on
public exhibition for a minimum of 28 days with the outcome reported to
Council.
Voting
FOR: Unanimous
Carried
|
11.2 Response to Notice of Motion No 35/2024 - Review of Stewardship
and Creation of Tree Management Policy
|
034/25 Resolved
Cr Korzy / Cr Harvey
That Council note the
report.
Voting
FOR: Unanimous
Carried
|
11.3 Outcome of Public Exhibition - Naming Proposal - Ronda Alterator
Reserve
|
035/25 Resolved
Cr De Luca / Cr Robins
That Council:
1. Endorse
the proposal to name the reserve at 3 Boondah Road, Warriewood the Ronda
Alterator Reserve.
2. Submit
an application to the Geographical Names Board of NSW to name the reserve the
Ronda Alterator Reserve after the first anniversary of Mrs Alterator’s
passing.
3. If approved by Geographical Names Board of NSW, install
signage at the reserve in consultation with the Alterator family and
Narrabeen Youth Club Netball.
Voting
FOR: Unanimous
Carried
|
12.0 Planning
and Place Division Reports
12.4 Manly Special Entertainment Precinct
|
Cr Grattan / Cr Williams
That Council:
1. Endorse
the lodgment of an application seeking funding from the Special Entertainment
Precinct Kickstart Grant Program to commission an acoustic study and
facilitate activities towards the establishment of a Special Entertainment
Precinct (SEP) trial for the Manly commercial centre.
2. Endorse
the establishment of a SEP in the Manly commercial centre as illustrated in
Figure 1 of this report, as a requirement of seeking the above grant funding.
3. Note
that if Council’s grant application is successful:
a. a
planning proposal is required to be submitted to the Department of Planning,
Housing and Infrastructure to establish the SEP trial by 31 December 2025
which would be the subject of a separate report and Council resolution
b. at
the end of the 18-month trial period, Council can resolve whether to make the
SEP permanent or revoke the SEP.
|
Amendment
Cr Harvey / Cr Glanville
That Council:
1.
Endorse the lodgement of an application
seeking funding from the Special Entertainment Precinct Kickstart Grant Program
to commission an acoustic study and facilitate activities towards the
establishment of a Special Entertainment Precinct (SEP) trial for the Manly
commercial centre.
2.
Endorse the establishment of a SEP in the
Manly commercial centre as illustrated in Figure 1 of this report, as a
requirement of seeking the above grant funding.
3.
Note that if Council’s grant application
is successful:
a.
a planning proposal is required to be
submitted to the Department of Planning, Housing and Infrastructure to
establish the SEP trial by 31 December 2025 which would be the subject of a
separate report and Council resolution
b.
a working group be established involving a
diverse group of representatives from the entertainment and live music
industry, local businesses, local residents and community groups, NSW Police,
Liquor & Gaming NSW and other key stakeholders to inform the preparation
and implementation of the SEP trial.
c.
at the end of the 18-month trial period,
Council can resolve whether to make the SEP permanent or revoke the SEP.
Voting
FOR: Cr Williams, Cr Hackman, Cr Beaugeard, Cr Glanville, Cr Harvey, Cr
Grattan, Cr Korzy and Cr Heins
AGAINST: Cr Robins, Cr Bingham, Cr Giltinan, Cr De Luca and Cr Dillon
Carried
|
THE AMENDMENT WAS CARRIED AND BECAME THE MOTION
|
036/25 Resolved - Motion
Cr Harvey / Cr Glanville
That Council:
1.
Endorse the lodgment of an
application seeking funding from the Special Entertainment Precinct Kickstart
Grant Program to commission an acoustic study and facilitate activities
towards the establishment of a Special Entertainment Precinct (SEP) trial for
the Manly commercial centre.
2.
Endorse the establishment
of a SEP in the Manly commercial centre as illustrated in Figure 1 of this
report, as a requirement of seeking the above grant funding.
3.
Note that if
Council’s grant application is successful:
a.
a planning proposal is
required to be submitted to the Department of Planning, Housing and
Infrastructure to establish the SEP trial by 31 December 2025 which would be
the subject of a separate report and Council resolution
b.
a working group be
established involving a diverse group of representatives from the
entertainment and live music industry, local businesses, local residents and
community groups, NSW Police, Liquor & Gaming NSW and other key
stakeholders to inform the preparation and implementation of the SEP trial.
c.
at the end of the 18-month
trial period, Council can resolve whether to make the SEP permanent or revoke
the SEP.
Voting
FOR: Cr Williams, Cr Hackman, Cr Beaugeard, Cr
Glanville, Cr Harvey, Cr Grattan, Cr Korzy and Cr Heins
AGAINST: Cr Robins, Cr Bingham, Cr Giltinan, Cr De Luca
and Cr Dillon
Carried
|
13.0 Transport
and Assets Division Reports
13.1 Outcome of Public Exhibition - Provision of Public Electric
Vehicle Charging Infrastructure
|
Cr Beaugeard / Cr Robins
That Council defer consideration of the
outcome of public exhibition for provision of electronic vehicle charging infrastructure
to provide the proponent an opportunity to provide additional information to
Council in support of the proposal.
|
Amendment
Cr Glanville / Cr Harvey
That Council provide a report within 3
months on:
1.
The coverage gaps in access to EV chargers
across the local government area.
2.
A process to competitively approach the market
for delivery of EV charging facilities, with a view to identifying the
operator/s able to deliver the most public benefit for these facilities.
Voting
FOR: Unanimous
Carried
|
THE AMENDMENT WAS CARRIED AND BECAME THE
MOTION
|
037/25 Resolved - Motion
Cr Glanville / Cr Harvey
That Council
provide a report within 3 months on:
1.
The coverage gaps in
access to EV chargers across the local government area.
2.
A process to competitively
approach the market for the delivery of EV charging facilities, with a view
to identifying the operator/s able to deliver the most public benefit for
these facilities.
3.
Staff consideration of options for
consultation for all future applications and placement of EV chargers.
Voting
FOR: Unanimous
Carried
|
Procedural Motion - Extension of
Meeting
|
038/25 Resolved
Cr Hackman / Cr Williams
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
039/25 Resolved
Cr Williams / Cr Grattan
That:
1. The
order of business change to bring forward 17.2 and 17.3 to be dealt with
immediately.
2. 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 17.2 RFT 2024/021 -
Community Centres Keyless Access 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.
b. Item 17.3 RFT 2024/093 -
Licence of Manly Visitor Information Centre Kiosk 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.
3. 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.
CARRIED
NOTE: The meeting moved into closed session at 11.02pm
|
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
17.1 RFT 2024/175 - Lease and Licence Village
Park Cafe/Restaurant, 1 Park Street Mona Vale
|
016/25
Resolved
Cr Robins / Cr Beaugeard
That:
1. In accordance with section 178(1)(b) of the
Local Government (General) Regulation 2021, decline to accept the tender
submission received from A.K.C.N Group Pty Ltd for RFT 2024/175 –
Café/Restaurant for Lease at 1 Park Street, Mona Vale.
2. In accordance with section 178(3)(e) of Local
Government (General) Regulation 2021 enter negotiations with A.K.C.N Group
Pty 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. a comprehensive Request for Tender process was
undertaken for the site with no complying tenders
b. the current soft market conditions for hospitality
businesses have resulted in fewer operators seeking new locations and
opportunities to invest capital in new sites
c. given the processes undertaken, inviting fresh
tenders or applications would be unlikely to result in a significantly different
outcome or an improved result for Council
d. in the circumstances where the premises is
currently vacant, the best outcome for Council is likely to be achieved by
direct negotiation.
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 A.K.C.N Group Pty Ltd are that:
a. while the tender from A.K.C.N did not complete
all of the required information, as a tenant of Council in another premises,
it is known to have strong industry experience and the capability to deliver
the desired tender outcomes
b. the tender from A.K.C.N Group Pty Ltd demonstrated
an understanding of the market and a vision for the premises through the
supplied business plan.
5. Council delegate authority to the Chief Executive
Officer to undertake direct negotiations with A.K.C.N Group Pty Ltd and do
all things necessary and execute all relevant documentation to give effect to
this resolution including if negotiations are successful, execution of a
lease and licence.
RESOLVED BY
EXCEPTION
|
17.2 RFT 2024/021 - Community Centres Keyless Access
|
040/25 Resolved - Motion
Cr De Luca / Cr Robins
That the matter be deferred to the April Council meeting.
Voting
FOR: Unanimous
Carried
|
17.3 RFT 2024/093 - Licence of Manly Visitor Information Centre Kiosk
|
041/25 Resolved
Cr Glanville / Cr Grattan
That Council:
1. Accept the tender of BC Concepts Pty Ltd for RFT 2024/093
– Licence of the Kiosk at Manly Visitor Information Centre for the sum
of $40,200 per annum (excluding GST) for the first year, and then $42,000 per
annum (excluding GST) for the remainder of the term, subject to annual CPI
rent adjustments, for an initial 5-year term, with a 5-year extension option
at the Lessee’s discretion.
2. Delegate
authority to the Chief Executive Officer to execute all necessary
documentation to give effect to this resolution.
Voting
FOR: Cr Robins, Cr Williams, Cr Hackman, Cr
Beaugeard, Cr Glanville, Cr Harvey, Cr Grattan, Cr Bingham, Cr Giltinan, Cr
Dillon, Cr Korzy and Cr Heins
AGAINST: Cr De Luca
Carried
|
PROCEDURAL MOTION – RESUME
IN OPEN SESSION
NOTE: The
meeting resumed in open session at 11.31pm
NOTE: In accordance with clause 19.3 of the
Code of Meeting Practice the meeting concluded at 11.32 pm
NOTE: The following items were deferred to the
ordinary Council meeting of 18 March 2025 in accordance with clause 19.4(a) of
the Code of Meeting Practice:
13.2 Outcome of Public Notice for the
Proposed Lease and Licence of a Café at Dee Why Beach Reserve
14.1 Notice of Motion No 44/2024 -
E-Bikes and E-Scooters
14.2 Notice of Motion No 45/2024 -
Service Reviews
14.4 Notice of Motion No 3/2025 -
Opportunities to Relocate Manly Environment Centre
14.5 Notice of Motion No 4/2025 -
Organisational Savings and Funding Measures
14.6 Notice of Motion No 5/2025 -
Services Provided by Northern Beaches Council
The meeting concluded at 11.32pm
This is the final page of the minutes comprising 26 pages
numbered 1 to 26 of the Northern Beaches Council Meeting held on Tuesday 18
February 2025 and confirmed on Tuesday 18 March 2025
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Mayor
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Chief Executive Officer
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