Meeting held on Tuesday May 28th, 2019
A lot of positives and a lot of constructive work getting done with representatives of the community paying attention to the little details came out of the May General Council Meeting.
First up was a Mayoral Minute recognising that Council has been recognised as a Sustainability Leader.
The Minute states that ‘Sustainability Advantage is the NSW Government’s core sustainability offering for medium and large organisations across the state and has been running for over 14 years. Council joined Sustainability Advantage in October 2016. The program helps organisations understand sustainability and strengthen their performance across a comprehensive range of disciplines and initiatives. The program has over 530 current active members across a range of sectors, including corporate, not-for-profit organisations, state government agencies, and councils.
The Sustainability Advantage Recognition Scheme provides public acknowledgement of member’s achievements through the program where members can achieve Bronze, Silver, Gold and Platinum partner status. Stepping through the recognition program provides a sustainability framework and validates Council’s pathway to demonstrating sustainability leadership.
Since joining in October 2016 Council has been working towards achieving Bronze Partner status that has included the following:
• Implementing projects to improve our sustainability performance, including:
- Lighting upgrades at buildings, carparks and sports fields
- Heating and cooling system upgrades
- Installation of solar panels at Cromer and Balgowlah depots.
• Demonstrating a commitment to sustainability through our CSP goals.
• Measuring our resource use and waste generation and developing strategies for reduction.
• Working to embed sustainability through all of Council’s business units.
Implementing the sport lighting upgrades alone generated 56 Energy Saving Certificates and the Cromer and Balgowlah solar PV systems are providing 40% of the energy at each site and are on track to save Council 121 tonnes of CO2 per year.
These projects, and participating in other Sustainability Advantage program activities and initiatives, are also assisting Council to work towards achieving its five climate change pledges as part of the Cities Power Partnership.
After an extensive application process, Council has now achieved Bronze Partner status, which recognises Council’s commitment to sustainability. With a number of further sustainability projects due to be realised over the coming years, including more solar PV installations, implementation of new community waste services, delivery of the Accelerated Streetlight Improvement Project, a new environment strategy, and internal process improvements Council are on the way towards achieving Silver Partner status.
Cr. Sprott moved that a Briefing be provided to Councillors on how to achieve more - Looks as though ‘going for Gold’ will be the marker after that!
The recommendation that Council ‘Formally acknowledge the outstanding achievement of Northern Beaches Council in attaining Bronze Partner status in the NSW Government Sustainability Advantage Program. And; ‘Congratulate Council staff from the Environment and Climate Group involved in this project.’ was passed unanimously.
Item 8.0 Councillor Expenses and Facilities Policy (the Policy) outlines the payment of expenses incurred by, and the provision of facilities to the mayor and councillors. The Northern Beaches Council Councillor Expenses and Facilities Policy (the Policy) (section 17.2 – Reporting of the Policy), requires reports on the provision of expenses to councillors to be provided to Council every six months and made available to the public via Council’s website. Councillors are required to submit claims with appropriate supporting records within three months of an expense being incurred which is verified for compliance under the Policy prior to reimbursement. Councillor expenditure is currently tracking within the adopted expenditure allocation for all councillors.
The CEO’s Recommendation was that ‘Council: A. Note the expenditure by councillor and as a total for all councillors for the period 1 July 2018 to 31 December 2018, in accordance with section 17.2 of the Councillor Expenses and Facilities Policy. B. Publish the details of the report on the Council’s website as required under the Councillor Expenses and Facilities Policy.’
The maximum amount per Councillor for Expenses is listed on page 11 of the May 2019 Agenda.
Item 8. 2 Provides a progress report on the outcomes delivered and expenditure of funds from the $36.1 million Stronger Communities Fund and $10 million New Council Implementation Fund.
The SCF funding has been broken into streams including $1 million for a Community Grants Program, $14 million into the Connecting Communities Program and a further allocation of $21.1 million of tied funding across 11 projects. An additional $10 million was provided to Council under the New Council Implementation Fund (NCIF) to assist Councils with the upfront costs of implementing the new Council.
The Community Grants Program has been fully allocated to 53 community projects across a variety of focus areas including disability, art and culture, the environment, sporting, supporting people at risk and volunteer organisations with successful applications announced at Council meetings on December 16th 2016 and July 25th 2017. A total of 46 projects have been completed, six this quarter.
The Coast Walk is getting built with with 5.3 kms delivered. Works during the quarter include 640m in Hillcrest Avenue, Mona Vale has been completed, the concept design of stage 2 from 347 Whale Beach Road to Florida Road, Palm Beach is currently being prepared and 340m has been completed along the section of Narrabeen Park Parade, Mona Vale from Melbourne Avenue to Robert Dunn Reserve.
The status of work on upgrading Surf Life Saving Clubs is reported as:
- South Narrabeen – Contracts have been executed and works are expected to commence early May for completion in September 2019.
- North Steyne – initial site inspection has been undertaken. The building is heritage listed so works will require additional planning.
- Warriewood – Council is working with club representatives to finalise the scope of the work prior to proceeding to tender for a design consultant.
- Queenscliff – DA for the works has been approved however the project is on hold during lease negotiations.
- Mona Vale – DA has been approved, but amendments to the approved design have been submitted at the request of the Club. Further consultation will be required. The DA was approved in February however the project is currently delayed due to changes to the floor plan as requested by the club. Additional community consultation and a modification to the DA will be required to address these proposed amendments.
- Long Reef – Council resolved to proceed to Development Application at its meeting of February 26th 2019. Plans are being finalised ready for DA lodgement.
Mayor Regan and Councillors Ian White and Sue Heins, Deputy Mayor at Avalon Beach SLSC on Friday evening as part of the club's 'Club of the Year' Celebrations, pictured here with one of the AVSLSC Life Members, Roger Sayers
Pittwater Foreshore Improvements involves works at various locations:
• Hudson Parade, Clareville: improve pedestrian safety and provide a footpath between Clareville Beach and Taylors Point. Construction commenced in late April and is expected to take two months.
• George Street, Avalon: extend the seawall at George Street to the end of the road. Stage 2 has been completed including new stair and path access to Careel Bay foreshore and finishing works for the George Street seawall.
• South Palm Beach: Landscaping works to restore grassed area amenity, improve access and drainage, construct stone flagged plaza opposite shops and construction of pathways between the pavilion and culvert.
Stage two works from Ocean Place to Hordern Park is underway and expected to be completed in May.
Scotland Island Wastewater Feasibility Study - This study will assess the feasibility of providing a reticulated water and/or wastewater service. Two contracts have been awarded to conduct the feasibility study and to conduct a peer review. The consultants have finalised the high level review of social and environmental factors, property surveys and are close to completing a long list of options for water and wastewater services ready for review and assessment. They have met with Sydney Water to determine capacity in Sydney Water’s water and wastewater networks. Professional peer review of the project is continuing.
While on local community projects -
Congratulations to the Bayview Church Point Residents Association on the official opening of the new stairway trail from Bayview Heights to Church Point.
The scenic walkway links Captain Hunter Road and Quarter Sessions Road and improves community and emergency connectivity.
Rob Stokes, MP for Pittwater stated, in adding his congratulations this week, ‘This is a great example of cooperation between the community, Council, and State Government – with funding assistance secured through the NSW Government’s Community Building Partnership Program and the project delivered by Northern Beaches Council.’
Roberta Conroy Vice President of the Bayview Church Point Residents Association with Mayor Regan and Pittwater Councillors this week at the official opening
Item 10.1 - Northern Beaches Cultural Collection Management and Gifts Policy and the Public Art Policy
Cr. Philpott spoke to this item, praising the work done and highlighting the level of community interest. The draft Northern Beaches Cultural Collection Management and Gifts Policy and the draft Public Art Policy defines the principles and objectives by which the Northern Beaches Council’s cultural collections will be developed and managed into the future. The Public Art Policy will be implemented in accordance with the Policy and Guidelines.
To ensure that the procurement of public art meets the required quality standards, it is recommended that Council establish a Public Art Working Group consisting of community and Councillor representatives and an expert Public Art Selection Panel to assist in the selection of major art works. Implementation of the Policies relates to the following Northern Beaches Community Strategic Plan Outcomes: Places for People; Goal 7; Community and Belonging; Goal 10 and Good Governance; Goal 19.
The recommendation of the Director Community and Belonging is that Council: A. Adopt the amended Northern Beaches Cultural Collection Management and Gifts Policy and the amended Public Art Policy (these are available to read in attachment 2). B. Adopt the Terms of Reference and Charters for the Public Art Working Group and the Public Art Selection Panel. C. Nominate up to three Councillors as members of the Public Art Working Group.
Councillor Philpott was immediately nominated as one of the Councillors, quickly followed by Councillor Ferguson and Councillor Heins.
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Cr. Penny Philpott at Be Brave Artspace at Avalon on Friday evening with BBA Curator and Artist Tina Berkeley opening the Fabric of Life Group Exhibition
Cr. Ferguson had a few questions, one of which was the timing between Stage 1 and Stage 2. The Public Art Working Group will be established as quickly as possible, with a call for members to go out this week and they will establish Stage 2 and Stage 3.
Cr. Ferguson’s question related to page 92 of the Agenda regarding the Stage 1 works to be placed at Mona Vale South Headland (Robert Dunn Reserve) and Mona Vale North Headland and asking that one of these be moved back to Stage 2 and one installed at Newport Beach so there is something between that at Mona Vale and the Stage 1 artwork scheduled to be installed at Avalon Beach. The answer was that this would be a matter for the Public Art Working Group.
Cr. Mc Taggart asked for a Briefing on the Coastal walkway progress and the missing sections and a timeframe for completion given that some of the installations cannot take place until that is in place at the locations specified for works. Acceded to immediately.
A Wednesday May 29th Media Release by council on the Coast Walk runs at the base of this page.
Item 9.1 is the Quarterly Budget Review Statement the Summary stating;
The Surplus from Continuing Operations which includes Capital Grants and Contributions for the financial year is forecast to increase by $7.086m to $34.723m. This increase is due to higher than anticipated Income from Continuing Operations of $3.486m and lower than anticipated Expenses from Continuing Operations of $3.6m. The Surplus from Continuing Operations before Capital Grants and Contributions for the financial year is forecast to increase by $4.203m to $18.159m. Capital Expenditure is forecast to decrease by $13.470m to $105.267m as referred to in the Capital Budget Statement.
Item 12.3 - is the Pittwater Waterway Strategy 2038
Cr. McTaggart spoke to this item stating that the W2 (pages 35-36) expansion needs to be amended. The wording was subsequently refined as;
To amend point 4 on page 35, which read, ‘on balance support for marina expansion in appropriate locations with development permissible only with consent’ be amended, which it was, in meeting, to read instead;
‘marina expansion would only be considered subject to appropriate regard being given to all impacts, including, but not limited to, environmental, social, economic, transport, traffic, visual and waterway navigation’
And to replace the last point on page 36, reading ‘Expand the W2 zone, subject to a strategic sites assessment, to permit, with consent, sustainable marina expansion.’ With the same.
And on page 44, point 3. which reads, ‘Undertake a strategic sites assessment and planning proposal to amend the LEP to expand the W2 zone in appropriate locations to permit, with development consent, sustainable marina expansion. Any additional marina berths are subject to equal number of moorings relinquished.’ With the same.
No plan or statement was made to delete that second sentence on page 44 which reads;
‘Any additional marina berths are subject to equal number of moorings relinquished.’
Cr. McTaggart expressed his thanks for the amendment stating the problem had been identified and identified. Cr. White spoke in support of Cr. McTaggart’s amendments.
The Motion was carried unanimously.
The good news for local sailing clubs Avalon Sailing Club and Bayview Yacht Racing Association is that this will allow them to provide “… An Additional Permitted Use for Avalon Sailing Club and BYRA for Community Facilities …” (Page 44)
Other positives are
- Lobby marinas to adopt the Clean Marina accreditation program, Fish Friendly Marina Certification Program in Pittwater and use sea-bins or SQID (Storm Quality Improvement Device).
- Investigate with the Department of Primary Industries (DPI Fisheries) establishing a ‘no-go zone’ protecting endangered seagrass habitats within the study area.
- Investigate with DPI Fisheries the feasibility and funding for Fish Habitat enhancement projects and Reef Ball trials.
- Consider risk management strategies to manage the impacts of extreme rainfall events resulting in flooding to estuary communities.
- Develop and expand environmental education campaigns.
- Strengthen environmental protection provisions in the waterways locality in Council’s DCP.
- Lobby state agencies to investigate provisioning for additional public waste pump-out facilities for the boating community.
- Investigate establishing a continuous foreshore path, including boardwalks, around the Pittwater waterway including opportunities to link into the Northern Beaches Coast Walk
- Implement and monitor the Palm Beach Parking Demand Management Strategy
- Encourage TfNSW to integrate public transport timetables to ensure point-to-point transport including ferries, investigate additional ferry connections throughout Pittwater and expand ondemand and car-sharing initiatives
- Investigate opportunities for new bike routes that connect key localities to and along the foreshore
The Pittwater Waterway Strategy 2038 (the Strategy) is the second and final phase of the Pittwater Waterway Review prior to implementation.
Item 13. 1 Access to Queenscliff Headland
Cr. Candy Bingham asked for an amendment to Recommendation C. Council endorse Option 1 – footpath on north side of Greycliffe Street, as the preferred concept option to improve accessibility to Queenscliff Headland for the design and investigation works to be undertaken in 2020/21 – asking that this part be deferred due to costs that are estimated as being up to 1.2 million being required so that possible grant funding could be investigated. Discussed was a grant application already in process which council will hear back on in September.
Item 13.2 the draft Clontarf Beach Masterplan
Although the popularity of Clontarf has increased, infrastructure to support use has not been renewed or upgraded to meet current expected levels of service. As a result, the park no longer functions well and consequently does not meet the community’s expectations. To resolve this situation, Council is committed to working with the community to develop a masterplan for this iconic location that will be implemented as part of forward capital works program.
Council has undertaken initial community engagement and technical investigations to prepare the attached draft Masterplan. This included a formal engagement period with the general community in late 2018, ongoing liaison with key stakeholders, and obtaining expert heritage, arboriculture, coastal engineering and civil engineering advice. The overall vision for Clontarf Reserve is to achieve potential recreational opportunities whilst conserving and enhancing natural and cultural heritage values for this iconic foreshore open space. The key features proposed by the draft masterplan to assist in delivering the vision include:
- realigning the car park to the eastern side of the site to create more and contiguous open space
- an expansion of the tidal pool to 50 metres in length
- an upgrade of the playground and installation of additional small toilets adjacent
- Sandstone bleachers overlooking the tidal pool
- better connections between key features
- preservation of the heritage values of the site.
It is proposed to publicly exhibit the draft Masterplan over the month of June and report the recommended final plan back to Council in July 2019.
Passed unanimously
14. 1 – Future Use of Council Chambers in Manly Town Hall
Council investigate at this time providing the former meetings rooms of Manly Council, upstairs in the Manly Council Chambers, as halls for public hire for events, meetings, performances and other suitable uses. A report is brought back to Councillors within three months.
Councillor Candy Bingham spoke in support of her motion. Mayor Regan asked that this not be the basis of the chambers being hired out for six months at a time for a single use but be focused on one-off events.
Passed unanimously
14.2 Motion submitted by Cr. Amon - A Freeze on 2.5% Raise for Councillors
That, pursuant to section 248 of the Local Government Act 1993, the Council fixes the annual fee for: A. Councillors for the period 1 July 2019 to 30 June 2020 at $29,670 payable monthly in arrears, being a freeze on the amount paid to Councillors for the period 1 July 2018 to 30 June 2019. B. The Mayor for the period 1 July 2019 to 30 June 2020 at $86,440 payable monthly in arrears, being a freeze on the amount paid to the Mayor for the period 1 July 2018 to 30 June 2019.
Cr. Warren spoke against the Motion stating that the relatively low stipend for councillors restricts the position of (being a) Councillor to those with time and means to essentially work for very little income, either because they have another job, which means time available to spend on council matters is very limited, or because they have independent means. Cr. Warren stated that this, in practice, generally translates to independently wealthy people or retirees, who may not necessarily represent the whole community. Cr. Warren pointed out that she has to take unpaid leave to fulfil her council obligations and meet the costs associated with that and that a freeze will open the councillor roles to those who are independently wealthy. Cr. Warren pointed out that no councillor does the job for the money, all doing an average of 20-30 hours a week, which indicates the ‘pay’ is at minimum wage and this could send the message that the work of councillors is not important when in fact they are overseeing a multi billion dollar asset which would attract a far higher wage in the corporate world. No councillor receives any superannuation contribution.
Cr. Warren stated that there was no reason any Councillor could not donate the proposed $741.00 increase to charity.
Cr. Walton, Ferguson and De Luca voted for the Motion – all others voted against.
Cr. McTaggart abstained from voting – which is counted as against.
Motion was lost.
14.3 Motion submitted by Cr. McTaggart - Leases and Licences Register
That: Council prepare a register of all leases and licences issued and maintain the register annually. The register be linked to the asset management register currently being prepared. The register contain the relevant information, location of Lease, term, leasee and lease fee and if the fee is covered by councils Fees and charges schedule. The register be in a format that allows for both councillor and public access while protecting confidentiality particularly for the tender or expression of interest process. The total lease and licence income be presented in either the budget or annual return to demonstrate transparency. The Economic and Smart Communities Strategic Reference Group and the Audit, Risk and Improvement Committee have input into the design of the Lease and Licence register.
Passed unanimously
Motion 14.4 Submitted by Cr. Sue Heins, Deputy Mayor - Night Time/Twilight & Culture Management Policy
In speaking to this Motion Cr. Heins pointed out that she had deliberately called this a ‘Night Time/Twilight & Culture Management Policy’ as some areas do not want night time activities but do enjoy twilight activities. Adding the term ‘Culture Management’ was also deliberate to open up the meaning of night-time activities to encompass the many forms that this can take in smaller venues from arts to art classes. Cr. Heins pointed out that our area once had a large and vibrant live music scene, many of which had been closed down through noise complaints as urban development brings people in houses closer to these venues.
The Motion was that: A. Council prepare a policy on Night Time/Twilight & Culture Management Policy. The strategy underpinning the policy take into consideration two evening economies, Twilight and Nighttime and a range of possible activities and cultural activities used to activate an area. The policy identify areas in the local government area that are suitable for Twilight/Night time activities. Council investigate amending planning laws to ensure that new developments are adequately soundproofed for future night time activities and report back to Councillors. The strategy is done in consultation with residents, Chambers of Commerce, hospitality businesses, creatives, music industry, lighting technicians, security industry, environmental health professionals and any other related industries. F. A report be brought back to Council identifying timeframes, costing, impacts, benefits etc. and include a Councillor briefing updating Councillors on where Council is up to with current Night-Time Economy strategies and committee input within 4 months.
Cr. De Luca spoke in support of the Motion, particularly identifying areas, such as laneways, where activities that are not alcohol related, can take place. Cr. De Luca also pointed out that statistics point to a reduction in crime in areas where such activations occur and that our young people are crying out for areas where they can have activities in safe environments. Cr. De Luca stated that this Policy can work to identify and deal with problems areas as well as identify areas that can promote the safe use of these places for activities to encourage a more vital and vibrant and varied use and encourage a night-time economy. Cr. De Luca also pointed out the example of Narrabeen RSL, which has been providing live music for decades for the local community, was recently dealing with a noise complaint and that installing sound proofing as part of planning requirements for venues may safeguard the community’s access to live music.
Cr. White also spoke in support of the Motion, pointing out the communities love of live music and being able to access that needs to be investigated and made available into the future.
Cr. Ferguson also spoke in support of the Motion, stating that this went across all age groups but especially the youth at a time when there is a lot of bored youth getting up to tricks in the community, investigating ways and means to provide things to do and places to go presents a wonderful opportunity as outlined on the Motion.
Passed unanimously.
Item 14.5 Submitted by: Councillor Stuart Sprott - National Tree Day
Cr. Sprott to the Motion, stating that ‘We have recently seen the large numbers of school children calling for more to be done on climate change. This motion gives those children the opportunity to take part in making a real change in building a better future for us all by greening our cities and growing the tree canopy. ‘
Cr. Sprott pointed out this that was not for those present as trees planted today will take up to 50 years to mature and that those encouraged to do so today will be able to point out to their children this green wing that is present due to their efforts.
‘In the recently exhibited Urban Tree Canopy Plan, Council states that it will strive to achieve the highest canopy cover on Council managed lands compared to Sydney councils by 2038. This motion will help to achieve that. Greenery in cities is also important for biodiversity which a United Nations report recently identified as a global crisis, especially if we are clever about which species we plant and where.’ Cr. Sprott stated
The Motion is that Council ‘Identify potential sites for tree planting across the Northern Beaches. Write to all schools in the Northern Beaches Local Government Area promoting our upcoming National Tree Day activities and gauging their interest in undertaking tree planting at sites near their school. Brief Councillors within two months on the potential costs of having school based tree planting of these sites.
Cr. Philpott moved for an amendment of two parts of the Motion – not read out.
Cr. White spoke about the Motion pointing out that when Pittwater Council did something similar years ago that was zero uptake by schools. Cr. White reminded the other Councillors of an incident a few years ago where a tree branch fell and caused the death of a schoolchild and this resulted in the reduction of many trees within school grounds, including those in our area. Cr. White stated that although this was a lovely idea he did not anticpate that would be much of an uptake from local schools.
Cr. Sprott spoke to the Motion and points raised by Cr. White citing the first part of the Motion was to identify sites across the area, not in schools.
Passed unanimously.
National Tree Day occurs on July 26th
Items Resolved by Exception include: Closed Session
In accordance with Part 15 of the Code of Meeting Practice, resolutions passed during a meeting, or a part of a meeting, that is closed to the public must be made public by the chairperson as soon as practicable. The resolution must be recorded in the publicly available minutes of the meeting.
Completion of works to Beacon Hill Community Centre and Nolan’s Reserve Amenities
Council exercises its authority under section 55 (3) (i) of the Local Government Act 1993 and approves an exemption from tendering for the completion of Nolan Reserve Amenities and Beacon Hill Community Centre.
The report discussed circumstances surrounding the termination of a construction contract and the reasons to follow an alternative procurement process to complete the works including there being significant risks in tenderers taking on partially completed works and suitable contractors who provide value for money will be limited – A formal tender process will take up to four months to complete with significant work required to identify the balance of works required and to document the scope. The current and continued delays will adversely affect user groups of the buildings.
Authority be granted to the Chief Executive Officer to enter into negotiations with suitable contractors to complete the works and execute all necessary documentation to give effect to this resolution.
And that – To allow for risks associated with completing partially completed projects, the draft 2019-20 budget top be presented to council at its June 2019 meeting includes an additional capital expenditure allocation of $1, 000,000 to Nolan’s Reserve Amenities and $545,000 for Beacon Hill Community Centre. Funding is to be allocated from working capital made available through the balance of proceeds from the compulsory acquisition of land adjacent to Manly Vale Public School ($177,566) and the sale of road reserves in the 2018-19 financial year ($1, 367, 434).
Local Government entry markers Contractor was chosen for Design and Construction - $182, 450, excluding GST.
North Narrabeen Ocean Rock Pool Central Boardwalk Replacement Works Contractor has been chosen - $207, 170. 10
Lionel Watts Skate Park Contractor has been chosen - $345,000
Sports Field Renovation & Line Marking Panel - (too small to read - sorry Readers! - will look into getting some glasses...)
Services for Heating, Ventilating and Air Conditioning Tender accepted - $86, 203.70, excluding GST and subject to cost adjustment per CPI, from June 1st 2019 to May 31st 2022 with 1 + 1 year options to extend subject to satisfactory performance
Manly Life Saving Club Design Consultancy Services – all Tenders declined
Lakeside Caravan Park Cabin and Amenities Refurbishment – Contractor selected for $258, 595
Acquisition and Proposed Transfer of Land to Council – Council notes the amended process for the purchase of the land; This report discusses a potential land dealing with a private landholder and the disclosure of this matter in open meeting would, on balance, be contrary to the public interest in maintaining openness and transparency in council decision-making because the disclosure of this information could provide a commercial advantage to the owner of the land and potentially disadvantage Public Authorities position in negotiations.