Minutes - files.northernbeaches.nsw.gov.au · Graham Middleton Group Manager Marketing and Communications Melissa Messina Group Manager, Childrens Services ... 4.1 Richard Michell

MINUTES

ORDINARY COUNCIL MEETING

held at the Civic Centre, Dee Why on

TUESDAY 28 OCTOBER 2014

(2014/10)

MINUTES OF ORDINARY COUNCIL MEETING

28 OCTOBER 2014

Page 2 of 23

Minutes of an Ordinary Meeting of Council

held on Tuesday 28 October 2014

at the Civic Centre, Dee Why

Commencing at 6:00pm

ATTENDANCE:

Members

Councillors M Regan (Mayor), J Menano-Pires (Deputy Mayor), P Daley, V De Luca OAM, B Giltinan, W Gobert OAM, R Harrison, S Heins and V Moskal

Officers

Rik Hart General Manager John Warburton Deputy General Manager Community Malcolm Ryan Deputy General Manager Environment David Walsh Chief Financial Officer Vivienne Ingram Legal Counsel Nicki Adams Acting Governance Manager Trish Chaney Coordinator Governance Dinesh Mishra IM&T Support Officer David Kerr Group Manager Development Assessment & Compliance Todd Dickinson Group Manager Natural Environment Damian Ham Acting Group Manager, Parks, Reserves & Foreshores Boris Bolgoff Group Manager Roads, Traffic and Waste Campbell Pfeiffer Group Manager, BPSI Peter Robinson Group Manager Strategic Planning Graham Middleton Group Manager Marketing and Communications Melissa Messina Group Manager, Childrens Services Craig Morrison A/Senior Environment Officer – Natural Hazards Adrian Turnbull Environmental Strategy Manager Tony Walmsley Waste and Cleansing Manager Belinda Noble Media and Content Manager

NOTES

The meeting commenced at 6:00pm, adjourned at 8:08pm, resumed at 8:13pm, moved into closed session at 8:29pm, resumed in open session at 8:51pm and concluded at 8:52pm


28 OCTOBER 2014

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1.0 APOLOGIES

585/14 RESOLVED

Cr Gobert / Cr Harrison

That an apology for non-attendance be received from Councillor Duncan Kerr.

VOTING

For the resolution: Crs Daley, De Luca, Giltinan, Gobert, Harrison, Heins, Menano-Pires, Moskal and Regan

Against the resolution: Nil

CARRIED

2.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

2.1 MINUTES OF ORDINARY COUNCIL MEETING HELD 23 SEPTEMBER 2014

586/14 RESOLVED

Cr Harrison / Cr Heins

That the Minutes of the Ordinary Council Meeting held 23 September 2014, copies of which were previously circulated to all Councillors, are hereby confirmed as a true and correct record of the proceedings of that meeting.

VOTING



CARRIED

3.0 DECLARATION OF PECUNIARY INTEREST AND CONFLICTS OF INTEREST

Councillor Menano-Pires declared a less than significant, non-pecuniary interest in relation to Item 5.5, as he is a Woolworths shareholder.

Councillor Daley declared less than significant, non-pecuniary interests in relation to Items 5.1 and 8.8 as he is a property owner in Dee Why, and Item 5.4 due to his association with the Salvation Army.

Councillor Heins – at the item declared a less than significant, non-pecuniary interest in relation to Item 5.5, as she is a local resident and frequent visitor of the shopping centre at Glenrose.


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4.0 PUBLIC FORUM

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

PROCEDURAL MOTION - EXTENSION OF PUBLIC FORUM PERIOD

587/14 RESOLVED

Cr Giltinan / Cr Heins

That Council extend the public forum period beyond the thirty minutes as provided for in Clause 12.1 (ii) of the Code of Meeting Practice and that all speakers who requested to speak at Public Forum be granted permission to address Council.

VOTING



CARRIED

4.1 Richard Michell addressed Item 8.4, Review of Warringah Development Control Plan 2011 Section A.7 Notification and Warringah Development Control Plan 2000 Section 2.6 Notification.

4.2 Jack Tilburn asked the following question regarding Amalgamation:

A. Will the Warringah Council produce a booklet for its ratepayers and citizens number some 100,000 on: For and Against amalgamation of the Manly, Warringah and Pittwater local councils?

B. Will the Council request the NSW State Department of Local Government to investigate this situation?

C. Will the Council arrange to have a plebiscite or voting arrangement for its citizens to have them express their wishes: For and Against amalgamations?

D. Has the Council spent any budgeted monies so far on this concept?

E. What would be the Council’s cost of arranging for a vital and necessary plebiscite for its citizens?

F. Is the Council for (a) voluntary or (b) forced amalgamations?

The Mayor provided the following response:

In my Mayoral Minute on Fit for the Future we are proposing that $57,000 is put aside for this issue. We will be following the instructions provided by the State Government and at this stage it is too early to say whether we are Fit for the Future. We do very seriously want to have a conversation with our community to understand exactly what they want. I’m sure there are few people who do not support an amalgamation and there are some who support it so, the reality is we need to have a conversation with our community first. The State Government has ruled out any plebiscites along with their election next year.

In regard to your point F, we have stated previously that we are for voluntary amalgamations but not forced amalgamations.


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4.3 Craig Bird representing Belrose Chemist addressed Item 5.5, Mayoral Minute No 20/2014 - Proposal to Offer Temporary Lease of Community Land to Community Service Providers During the Upgrade to Glenrose Shopping Centre, Belrose.

4.4 John McBlane addressed Item 5.5, Mayoral Minute No 20/2014 - Proposal to Offer Temporary Lease of Community Land to Community Service Providers During the Upgrade to Glenrose Shopping Centre, Belrose.

4.5 Carol Gardiner representing Laryngectomee Association of NSW addressed Item 5.5, Mayoral Minute No 20/2014 - Proposal to Offer Temporary Lease of Community Land to Community Service Providers During the Upgrade to Glenrose Shopping Centre, Belrose.

4.6 Andrea Galloway 5.4, Mayoral Minute No 19/2014 - Affordable Housing Expressions of Interest for Council Owned Land in Dee Why.

4.7 Ray Cavill addressed Item 5.5, Mayoral Minute No 20/2014 - Proposal to Offer Temporary Lease of Community Land to Community Service Providers During the Upgrade to Glenrose Shopping Centre, Belrose.

4.8 Victor Turner addressed Item 5.5, Mayoral Minute No 20/2014 - Proposal to Offer Temporary Lease of Community Land to Community Service Providers During the Upgrade to Glenrose Shopping Centre, Belrose.

4.9 John Mangriaviti addressed Item 5.3, Mayoral Minute No 18/2014 - Call for Roads and Maritime Services and State Government to Develop Short and Long Term Plans for Warringah Road and Pittwater Road (scene of truck accident).

4.10 Andrew McAnulty addressed Item 5.4, Mayoral Minute No 19/2014 - Affordable Housing Expressions of Interest for Council Owned Land in Dee Why.

PROCEDURAL MOTION - ITEMS MOVED BY EXCEPTION

588/14 RESOLVED

Cr Regan / Cr Gobert

That the Order of Business be changed so Items 6.2, 8.1, 8.2, 8.3, 8.6, 8.7, 8.8, 8.11 and 8.12 are dealt with by exception with the recommendations of the General Manager / Deputy General Managers being adopted.

VOTING



CARRIED


28 OCTOBER 2014

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ITEMS RESOLVED BY EXCEPTION:

6.2 MONTHLY FUNDS MANAGEMENT REPORT SEPTEMBER 2014

589/14 RESOLVED


That the:

A. Report indicating Council’s Funds Management position as at 30 September 2014 be noted.

B. Certificate of the Responsible Accounting Officer be noted and the report adopted.

RESOLVED BY EXCEPTION

8.1 RETURNS DISCLOSING PECUNIARY INTERESTS OF DESIGNATED PERSONS FOR THE PERIOD 1 JULY 2013 TO 30 JUNE 2014

590/14 RESOLVED


That the Disclosure of Pecuniary Interest Returns for designated person for the period 1 July 2013 through to 30 June 2014 be noted.


8.2 REPORTING OF STRATEGIC REFERENCE GROUP MINUTES

591/14 RESOLVED


That Council notes the minutes from the following meetings:

A. A Connected Environment Strategic Reference Group: draft minutes of meeting held 12 August 2014

B. ECOS Strategic Reference Group: minutes of meeting held 20 August 2014

C. Open Space and Recreation Strategic Reference Group: minutes of meeting held 20 August 2014

D. Vibrant Connected Communities Strategic Reference Group: minutes of meeting held 12 August 2014.



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8.3 FAMILY DAY CARE REPORT REGARDING LOSS OF OPERATIONAL FUNDING

592/14 RESOLVED


That Council:

A. Pass on any loss from the Community Support Program funding to families who access the service to maintain the viability of operating Family Day Care under the new model.

B. Work collaboratively with the peak industry bodies in raising awareness of the detrimental impact the changes to funding will have on Family Day Care as a sector.


8.6 COASTAL ZONE MANAGEMENT PLAN FOR COLLAROY-NARRABEEN BEACH AND FISHERMANS BEACH

593/14 RESOLVED


That:

A. The Coastal Zone Management Plan for Collaroy-Narrabeen Beach and Fishermans Beach be adopted.

B. The Coastal Zone Management Plan for Collaroy-Narrabeen Beach and Fishermans Beach be forwarded to the NSW Minister for the Environment for certification.


8.7 AMENDMENT OF FORESTVILLE PLAYING FIELDS MASTERPLAN

594/14 RESOLVED


That the Capital Works program for 2014/15 be amended by:

A. removing the Tramshed at Narrabeen (note this will commence in the 2015/16 programme)

B. adding :

a) the rectification of the Forestville War Memorial Playing Field and

b) the construction of the Memorial Pathways requested by the Forestville War Memorial Community Committee.



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8.8 DEE WHY ART WALK

595/14 RESOLVED


That Council support the Art Walk concept for the development of the Art Walk during Stage 2 of the Dee Why Town Centre Place Making and Public Art consultancy.


8.11 SHOROC REGIONAL WASTE STRATEGY

596/14 RESOLVED


That Council adopt Too Good to Waste as the Regional Waste Avoidance and Resource Recovery Strategy for the SHOROC region 2014 - 2021. RESOLVED BY EXCEPTION

8.12 RFT 2013/116 - RECEIVE, PROCESS AND/OR DISPOSE OF MUNICIPAL SOLID WASTE FROM THE SHOROC COUNCILS

597/14 RESOLVED


That Council note that the name of the successful tenderer in respect of RFT 2013/116 Receive, Process &/or Dispose of Municipal Solid Waste (MSW) from the SHOROC Councils for Warringah Council’s Municipal Solid Waste, as resolved by Council at its meeting of 26 August 2014 in respect of Item 13.3, is SITA Australia Pty Ltd.



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5.0 MAYORAL MINUTES

5.1 MAYORAL MINUTE NO 16/2014 - REGULAR MARKET EVENTS ON THE STRAND - DEE WHY

BACKGROUND

There is always a lot of community interest for markets and more recently, I have been approached by residents and businesses wanting to see more markets established, particularly during the summer months.

We have certainly seen the success of markets over the last couple of years with the markets held at the Strand in Dee Why in December demonstrating high levels of patronage and support from the community and local business. The markets held at Berry Reserve, Narrabeen are also very popular.

I have always advocated for The Strand in Dee Why to be a vibrant and thriving hub and a premier choice destination in Warringah for locals. The best way we can do this is by holding regular popular events such as markets. Markets are recognised as a positive economic development tool that are inexpensive to establish and would activate The Strand area by increasing visitation and stimulating the local businesses. It could also lead to further promotion of Dee Why as well as Warringah as a great tourist destination.

There are a number of models and options for conducting markets, from owner-operated markets managed internally through to those run solely by the private sector. In the interest of our local businesses and the wider community, we should be actively looking for opportunities to promote Dee Why as a destination and provide events to engage the community. I believe it is also important that we partner with the private sector wherever possible.

With this in mind, I ask Council staff to explore and consider all options and seek opinions from locals, local business and market organisers as to what options are possible at The Strand, Dee Why.

598/14 RESOLVED

Cr Regan

That Council Staff -

A. prepare a short report outlining the feasibility of conducting markets at The Strand, Dee Why.

B. include in the report options and opinions from local residents, local business and market organisers on the viability of establishing regular market events.

C. include in the report the logistical issues that need to be considered including the temporary closure of roads surrounding The Strand, Dee Why.

VOTING



CARRIED


28 OCTOBER 2014

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5.2 MAYORAL MINUTE NO 17/2014 - PARTNER WITH CRICKET NEW SOUTH WALES FOR STATE JUNIOR WOMENS CARNIVAL

BACKGROUND

Cricket NSW have approached Council to seek support as an event partner/sponsor, to host the NSW Womens Breakers Junior Cricket Carnival from 19 to 23 January 2015 at Passmore and Nolan Reserves.

This is a junior women’s only Representative Cricket Carnival where participants play for the prestigious Mollie Dive Shield (u13) and Margaret Peden Shield (u16). The Carnival is a key component in the new Cricket NSW female pathway and will offer junior women who have played in the Breakers Junior Cricket League throughout the previous season, an opportunity to represent their area and compete against other Cricket Associations.

This event attracts approximately 120 participants per day with an estimated 115 spectators and officials in attendance. Total visitation to Warringah would be approximately 1200 people over the five day event. It is anticipated there will be 20 teams playing 11 a side Cricket over five days. The Carnival will involve over 220 junior women and their families and host teams from the North Shore and Sydney as well as representatives from Tamworth, Camden, Penrith and the ACT.

A booking has been confirmed for this event. The fees for the hire of the two reserves (9 synthetic cricket pitches) as per the adopted fees and charges is $2,511 for the five days.

This is a great opportunity to promote and support womens sport, and encourage health & wellbeing for young people, particularly junior women on the Northern Beaches. It is also an opportunity to showcase Warringah as a destination for tourism and recreation and to encourage visitation to the area. It is critical that Council look at the long term potential of such events as an inexpensive way of building a case for investment by the private sector in Warringah, particularly in relation to the associated spend in our local economy through increased visitation to the area.

I think it is important to add that this is the first time that Cricket NSW have approached Council to partner in a prestigious junior women’s event. I believe this is testament to the time and investment we have collectively put into promoting our area, with our community groups, our business community and indeed our local sporting groups. Our investment into synthetic surfaces, investment in Netball and other Women’s sport over the past six years, as well as investment in our management of sporting fields, parks and reserves and upgrading our facilities all adds up to generating a very positive image.

Women’s sport generally is increasing in popularity especially on the Northern Beaches. I am proud that Warringah is committed to our investment and commitment to sport, health and wellbeing in the community and so in the spirit of fostering and promoting women’s sport, I ask that Council waive any hire fees for this one-off event.

599/14 RESOLVED

Cr Regan

That Council

A. agree to partner with Cricket NSW as an official sponsor of the NSW Womens Breakers Junior Cricket Carnival from 19 to 23 January 2015 to be held at Passmore and Nolan Reserves, North Manly.

B. provide sponsorship by way of a fee waiver for the Sportsfield booking for the period of the Carnival.

VOTING

For the resolution: Crs Daley, De Luca, Giltinan, Gobert, Harrison, Heins, Menano-


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Pires, Moskal and Regan


CARRIED

5.3 MAYORAL MINUTE NO 18/2014 - CALL FOR ROADS AND MARITIME SERVICES AND STATE GOVERNMENT TO DEVELOP SHORT AND LONG TERM PLANS FOR WARRINGAH ROAD AND PITTWATER ROAD (SCENE OF TRUCK ACCIDENT)

BACKGROUND

Sadly last week there was another horrific incident involving a truck on the notorious stretch of Warringah Road from Beacon Hill to the intersection of Pittwater Road, Dee Why.

Last year, you may recall the fatal incident at the set of lights at the intersection of Warringah Road and Alfred Street, Narraweena. On this occasion, a 79 year old Grandfather died after one car sped through the intersection and collected his car turning right into Alfred Street. In May this year, a young girl was seriously injured whilst trying to cross the road at night and then last week we are again struck by the news of the near fatal accident last week when a truck lost control and ploughed into stationary cars at the intersection of Warringah Road and Pittwater Road, Dee Why.

Residents have spoken to me over a number of years about their concerns and again have recently contacted me regarding this State road expressing their frustration with the Roads and Maritime Services (RMS) who continue to ignore their concerns. It does beg the question, at what point do we count the lives and near fatalities before the State Government takes responsibility and directs the RMS to take action to ensure the safety of drivers along these roads.

Some suggestions by residents include for example, considering technological applications to alert heavy vehicle drivers that they are approaching a steep decent with strict speed limits. These applications may also include sound alerts reminding drivers to change gears appropriately which would be particularly useful for drivers who are not local or familiar with the local road networks across our State. Consideration should also be given to installing safety barriers along the middle of Warringah Road from May Road and at the intersection of Warringah Road and Pittwater Road to assist heavy vehicles in an emergency situation travelling east down Warringah Road with the intention to turn right at the end of the intersection.

There was also a suggestion that we construct an overpass at the major intersection of Warringah Road and Pittwater Road, Dee Why. Interestingly, this suggestion is backed by Council’s previous traffic studies which identifies Brookvale as a ‘traffic pinch point’ with the increasing development of Dee Why. It should be noted that the State Government’s Metropolitan Strategy, Brookvale was identified as a job growth centre however traffic issues such as these will curb any future job growth in Brookvale.

I propose that we write to our local Member and the Minister for Roads and Freight highlighting the issues raised by concerned residents and call on the Government to take immediate action to make these roads safer and prevent future fatalities or accidents.

I understand this can be carried out within existing operational budgets.

Note: With the permission of the mover the addition to the motion of Point I was accepted

600/14 RESOLVED

Cr Regan


28 OCTOBER 2014

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A. That Council write to the Hon. Duncan Gay, MLC, Minister for Roads and Freight and the Hon. Brad Hazzard, MP for Wakehurst seeking their support to ensure changes are made to the stretch of Warringah Road from McKillop Road, Beacon Hill to the intersection of Warringah Road and Pittwater Road, Dee Why and include the following recommendations –

a) extending the 20kmph speed zone for trucks to commence at McKillop Road, Beacon Hill instead of the current 70kmph limit at this point.

b) Point to point cameras for the trucks so the Roads and Maritime Services NSW can monitor and record their speed.

c) A speed camera placed along Warringah Road between McKillop Road and Alfred Street considering the history of fatalities and accidents in this area.

d) Consider mandatory technological applications to alert heavy vehicle drivers that they are approaching a steep descent with strict speed limits.

e) Consider the construction of an overpass at the major intersection of Warringah Road and Pittwater Road, Dee Why.

f) Consideration be given to installing safety barriers along the middle of Warringah Road at May Road and at the intersection of Warringah Road and Pittwater Road.

g) Additional flashing signs to be placed along Warringah Road.

h) A No Parking zone be created from the intersection of Warringah Road and May Road, Narraweena to allow Truck and Bus access only.

i) Note the submission made in public forum by John Mangriaviti.

VOTING



CARRIED

5.4 MAYORAL MINUTE NO 19/2014 - AFFORDABLE HOUSING EXPRESSIONS OF INTEREST FOR COUNCIL OWNED LAND IN DEE WHY

BACKGROUND

Following on from the very successful affordable housing forum earlier this year, I would like to maintain the momentum within Council. From this forum it was very clear that we had to find solutions both in the short and long term. Council has progressed with investigating less planning restrictions for internal conversions of existing houses for the purposes of granny flats. Council is looking also at allowing the relevant State Environmental Planning Policies (SEPP) for granny flats to apply to zonings that otherwise do not allow it at present. Further, Council is currently setting up a working party to look at long term strategies and opportunities in particular.

With this in mind, I note that in the Dee Why Masterplan it is envisaged that on either side of the roundabout on Civic Drive there is capacity for the construction of two separate buildings. Given the recent discussions I have had with Unions, and our local business community about the urgency and desperate need for quality and affordable housing options on the Northern Beaches, I held discussions with a range of affordable housing providers. As well as the examples of projects in North Sydney and Willoughby, I believe there is an opportunity to explore putting an affordable housing development on one or both of these sites, in a lease structure that also delivers a positive


28 OCTOBER 2014

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social and financial outcome to Council.

An option that I believe could be successful includes a combination of commercial space on the ground floor - to replace Council’s use that is currently on the site - and three levels of affordable housing above this.

I understand from staff that there are a number of items that will need to be worked through to enable this project to proceed, including clarifying the planning and allowable development required on the sites, the relocation options for staff currently located within the building that would need to be demolished, the establishment of the value of the land and the impact on operational car parking on the sites.

As such, I propose that staff explore this matter with the intent of ultimately putting out an Expression of Interest (EOI) to determine interest in leasing the site for the model proposed and that a report be brought back to Council that identifies the capability and suitability to deliver any proposal.

I understand the above can be delivered with existing operating resources and budgets.

601/14 RESOLVED

Cr Regan

That:

A. Council explore the opportunity to lease land on the Civic Centre site (Lot100 DP1041823) for Affordable Housing and other associated and relevant uses and

B. Staff provide a report back to Council on this matter by the first ordinary meeting in February 2015.

VOTING



CARRIED

5.5 MAYORAL MINUTE NO 20/2014 - PROPOSAL TO OFFER TEMPORARY LEASE OF COMMUNITY LAND TO COMMUNITY SERVICE PROVIDERS DURING THE UPGRADE TO GLENROSE SHOPPING CENTRE, BELROSE

BACKGROUND

The long-awaited re-development of the Glenrose shopping centre by Woolworths is due to start in January 2015 and is planned to run for 18 months to 2 years.

While this is an exciting and much needed revitalisation of a community retail centre, the re-development will cause the closure of a number of small businesses for the area, including some that are critical to the local community. The impact that this, and other local business closures will have to the local community has been raised by many residents to a number of Councillors and myself. As such, in discussions with staff, an area to the south of Glen Street Theatre on Blackbutts Road has been identified as a potential temporary location for some businesses to relocate to for the duration of the Glenrose Shopping Centre redevelopment.

I propose that staff call for tenders from businesses who provide an essential public service and who have geographical limitations on their operations and may wish to temporarily relocate on


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Council’s land. The Lease will be for a period of up to 2 years or until the new development re-opens.

The successful tenderer would be required to do the following:-

Be responsible for all costs of relocation and for the payment of all utilities, including but not limited to telephone, electricity, etc.

To pay Council the same rent as is being paid to Woolworths, with a 3 month rent-free period to take into account the capital costs of the relocation

Lodge a DA for the temporary building.

I understand the above can be delivered with existing operating resources and budgets.

Note: Councillor Heins - declared a less than significant, non-pecuniary interest in relation to Item 5.5, as she is a local resident and frequent visitor of the shopping centre at Glenrose.

602/14 RESOLVED

Cr Regan

That:

A. Council calls for Tenders for the lease of land at the Glen Street Theatre site (Lot 1 DP 595183), subject to the requirements of the Retail Leases Act 1994, as follows:

a) Consideration only be given to those businesses who provide an essential public service and who have geographical limitations on their operations.

b) The successful tenderer is to pay the same rent to Council as is being paid to Woolworths subject to a 3 month rent free period.

c) The successful tenderer must lodge a development application and obtain development consent for any temporary building to be located on Council’s land.

d) The Lease will be for a period of up to 2 years or until the new development re-opens.

e) The successful tenderer is to be responsible for all costs of relocation and for the payment of all utilities, including but not limited to telephone, electricity, etc.

B. Council gives 28 days public notice of its intention to provide financial assistance by granting short term lease/s in respect of the Glen Street Theatre site during the redevelopment of the Glenrose Shopping Centre.

C. The matter be reported for determination by Council following the finalisation of the Tender process and the completion of the period of public notice.

VOTING



CARRIED


28 OCTOBER 2014

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5.6 MAYORAL MINUTE NO 21/2014 - FIT FOR THE FUTURE STUDIES

BACKGROUND

With the State Government’s release last month of the Fit for the Future package, it is clear that Warringah, along with every other council in the State needs to demonstrate a solid plan for the future.

Our plan will need to address the Government’s criteria for sustainable councils – showing that we are ‘Fit for the Future’.

Ensuring that we are ‘Fit for the Future’ makes great sense for our community. Local Government reform will also deliver a range of benefits for the State Government. We would have greater planning powers and priority access to State funds and grants as well as low-cost loans.

So, while we need to keep exploring our options with other councils in coming months, we also need to embark on some studies and community engagement to ensure we can address the ‘Fit for the Future’ criteria.

I propose that we start these studies now to get the analysis we need as well as feedback from the community about our future as a stand-alone council or possible amalgamation. This work could be funded by the substantial refund of $57,000 we have received from Statewide Insurance.

I reiterate it is very important that we will be able to prove that Warringah has a sound basis for our ‘Fit for the Future’ plan. We must also be able to demonstrate that the plan has been developed based on sound studies and highlights a strong sense of the community’s confidence.

603/14 RESOLVED

Cr Regan

That Council

A. Approve the use of $57,000 refunded from Statewide Insurance, to help fund studies, research and community engagement in preparation of a robust ‘Fit for the Future’ proposal.

B. Follow the NSW State Government defined process for developing a ‘Fit for the Future’ proposal and strongly consider the recommendations of the Final Report of the NSW Independent Local Government Review Panel, October 2013.

VOTING

For the resolution: Crs Daley, Giltinan, Gobert, Harrison, Heins, Menano-Pires, Moskal and Regan

Against the resolution: Cr De Luca

CARRIED

6.0 GENERAL MANAGER'S REPORTS

6.1 QUARTERLY BUDGET REVIEW STATEMENT - SEPTEMBER 2014

604/14 RESOLVED

Cr Menano-Pires / Cr Regan

A. The September 2014 Quarterly Budget Review Statement be noted.


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B. The following changes to the Current Forecast in the September 2014 Quarterly Business Review Statement be approved:

a. The Surplus from Continuing Operations before Capital Grants and Contributions for the full financial year is forecast to increase by $146,268 to $4,428,164

b. Decrease in capital expenditure by $1,630,343 for the year ending 30 June 2014

VOTING



CARRIED

SUPPLEMENTARY MOTION

Cr De Luca / Cr Giltinan

That a separate document be presented to Council at the time of the next quarterly review report as to the amount of money required to complete guttering and drainage at Emerald Street, Narrabeen.

VOTING

For the motion: Crs Daley, De Luca, Giltinan and Gobert

Against the motion: Crs Harrison, Heins, Menano-Pires, Moskal and Regan

LOST

7.0 COMMUNITY DIVISION REPORTS

Nil

8.0 ENVIRONMENT DIVISION REPORTS

8.4 REVIEW OF WARRINGAH DEVELOPMENT CONTROL PLAN 2011 SECTION A.7 NOTIFICATION AND WARRINGAH DEVELOPMENT CONTROL PLAN 2000 SECTION 2.6 NOTIFICATION

Note: With the permission of the mover and seconder the addition to the motion of Point C was accepted

605/14 RESOLVED

Cr Regan / Cr Menano-Pires

That Council:

A. place the following amendments to the Warringah Development Control Plan on exhibition for a period of 28 days:

a. Amend Section A.7 “Notification” of the Warringah Development Control Plan 2011 to delete the requirement to attach an A4 size site plan and elevations to the written


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notice.

b. Amend Section 2.6 “Notification and Advertising Process for Applications” of Warringah Development Control Plan 2000 (Notification) to delete the requirement to attach an A4 size site plan and elevations to the written notice

B. be provided with a report following the public exhibition period.

C. Note the submission made in public forum by Richard Michell

VOTING



CARRIED

8.5 19A FRAZER STREET COLLAROY

606/14 RESOLVED

Cr De Luca / Cr Regan

That Council write to the Minister for Planning suggesting the following changes to the Planning system and NSW Building Professional Board operations -

a) The role of the NSW Building Professional Board be expanded to include enforcement powers

b) The State Government introduce/amend legislation to:

i. transfer investigation into Certifying Authorities to Council so we can investigate their actions and if appropriate undertake compliance action;

ii. not allow Certifying Authorities to be chosen by the developer. This creates an inherent conflict of interest;

iii. ensure builders become legally responsible for their work/actions.

VOTING



CARRIED

8.9 BICYCLE DIRT JUMP TRACK

607/14 RESOLVED

Cr Heins / Cr Menano-Pires

That Council:

A. Undertake community engagement for a proposed dirt jump facility at Miller Reserve, Manly


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Vale; and

B. The results of this community engagement are reported to Council in March 2015.

VOTING



CARRIED

8.10 SHOROC SUB-COMMITTEE – KIMBRIKI RESOURCE RECOVERY CENTRE

608/14 RESOLVED

Cr Daley / Cr Harrison

That Council:

A. Appoints Councillor Gobert to represent Warringah Council to the SHOROC Sub-Committee – Kimbriki Resource Recovery Centre.

B. Acknowledge Councillor Daley’s contribution to the SHOROC Sub-Committee.

C. Write to SHOROC to advise of the appointment of Councillor Gobert as Warringah Council’s representative to replace Councillor Daley on the SHOROC Sub-Committee – Kimbriki Resource Recovery Centre.

VOTING



CARRIED

9.0 NOTICES OF RESCISSION

Nil

10.0 NOTICES OF MOTION

Nil

11.0 QUESTIONS ON NOTICE

Nil


28 OCTOBER 2014

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12.0 RESPONSES TO QUESTIONS ON NOTICE

12.1 RESPONSE TO QUESTION ON NOTICE NO 23/2014

A response to the question on notice was provided in the business papers.





13.0 CONFIDENTIAL MATTERS – CLOSED SESSION

609/14 RESOLVED


A. That, in accordance with the requirements of Section 10 of the Local Government Act 1993 as addressed below, Council resolve to close the meeting to the public to consider and discuss:

a Item 13.1 RFT 2014/021 - Facilities & Events Booking System 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]; and commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the council [10A(2)(d(ii)) Local Government Act 1993].

This report discusses commercial information 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 would prejudice the commercial position provide commercial advantage.

c Item 13.3 Alternative Procurement - Project Manager for Construction Services - Dee Why Town Centre Parking and Community Facility 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 the consideration of an alternative procurement and commercial information 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 would prejudice the commercial position of the person who supplied the information.

d Item 13.4 Mayoral Minute No 15/2014 - Annual Performance Review of the General Manager July 2013 - June 2014 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. That the resolutions made by the Council in Closed Session be made public after the conclusion of the Closed Session and such resolutions be recorded in the Minutes of the


28 OCTOBER 2014

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Council Meeting.

VOTING



CARRIED

Note: The meeting moved into closed session at 8:29pm and resumed in open session at 8:51pm.

14.0 REPORT OF RESOLUTIONS PASSED IN CLOSED SESSION

13.1 RFT 2014/021 - FACILITIES & EVENTS BOOKING SYSTEM

RECOMMENDATION OF DEPUTY GENERAL MANAGER COMMUNITY

That Council:

A. Decline to accept any of the tenders received for RFT 2014/021 Facilities and Events Booking System.

B. Decline to invite fresh tenders or applications as it is considered that a better outcome would not be achieved and would not result in an improved financial result for Council.

C. Enter into negotiations with the following tenderers with a view to entering into a contract in relation to the supply and implementation of the identified services:

i) Intelligenz Solutions;

ii) Priava Pty Ltd;

because the tenders submitted by the above tenderers either:

a) Achieved the highest score for compliance with Council’s requirements and ranked best value for money of the tenders received or;

b) Were unable to respond to all Council requirements due to commercial in confidence arrangements which have now come to an end.

D Delegate authority to the General Manager to enter into negotiations with the tenderers referred to at recommendation C above with a view to Council entering into a contract with either of those tenderers for the identified services.

E Delegate authority to the General Manager to execute a negotiated contract on behalf of Council with either of the tenderers referred to at recommendation C in relation to the identified services.

610/14 RESOLVED - AMENDMENT


That Council:


B. Decline to invite fresh tenders or applications as it is considered that a better outcome would


28 OCTOBER 2014

Page 21 of 23

not be achieved and would not result in an improved financial result for Council.



ii) Priava Pty Ltd;




VOTING

For the motion: Crs Daley, De Luca, Giltinan, Gobert, Harrison, Menano-Pires, Moskal and Regan

Against the motion: Cr Heins

CARRIED

611/14 RESOLVED


That Council:


B. Decline to invite fresh tenders or applications as it is considered that a better outcome would not be achieved and would not result in an improved financial result for Council.



ii) Priava Pty Ltd;




VOTING

For the resolution: Crs Daley, De Luca, Giltinan, Gobert, Harrison, Menano-Pires, Moskal and Regan

Against the resolution: Cr Heins

CARRIED


28 OCTOBER 2014

Page 22 of 23

13.2 RFT 2014/070 - CONSTRUCTION SERVICES FOR MANLY WARRINGAH WOMEN'S RESOURCE CENTRE

This item was withdrawn by the General Manager.

13.3 ALTERNATIVE PROCUREMENT - PROJECT MANAGER FOR CONSTRUCTION SERVICES - DEE WHY TOWN CENTRE PARKING AND COMMUNITY FACILITY

612/14 RESOLVED

Cr Menano-Pires / Cr Regan

That Council:

A. Pursuant to Section 55 (3) (i) of the Local Government Act, resolve that a satisfactory result would not be achieved by inviting tenders for the provision of project management services for the construction phase of the Dee Why Town Centre Car Park and Community Facility because of the following extenuating circumstances:

a. The continuation of project management services is over the $150,000 threshold.

b. Based on demonstrated value for money and proven expertise of Forge Constructions Pty Ltd as they were previously awarded the contract to provide project management for the planning and design phases of the project. It would not add value to go through a formal tender process to engage a new project manager.

c. Forge Constructions Pty Ltd has delivered project management services for the pre-construction phase of the project. It is highly desirable that these services be continued so that there is no loss of detailed project knowledge to ensure the best outcome for Council.

d. There is an immediate and critical need for continuity of project management services due to the timing of the construction phase of the project.

VOTING



CARRIED


28 OCTOBER 2014

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13.4 MAYORAL MINUTE NO 15/2014 - ANNUAL PERFORMANCE REVIEW OF THE GENERAL MANAGER JULY 2013 - JUNE 2014

613/14 RESOLVED

Cr Regan

That:

A. Council endorse Councillor Gobert as the elected Council nominated member on the current panel and therefore retain the current composition of the panel for the remainder of the current term for Councillors.

B. The report and outcomes in the Performance Review of the General Manager July 2013 – June 2014 be adopted.

C. In accordance with clause 7.10 (a) of the General Manger’s employment contract, Council send a written report setting out its conclusions to the General Manager advising him of his performance.

D. Council notes that the Performance Review Panel will review, discuss and agree the General Manager’s Performance Plan for 2014-2015 and report back to Council in November 2014.

VOTING



CARRIED

The meeting concluded at 8:52pm

This is the final page of the minutes comprising 23 pages numbered 1 to 23 of meeting 2014/10 of Warringah Council

held on Tuesday 28 October 2014 and confirmed on Tuesday 25 November 2014

Mayor General Manager

Documents

Minutes - files.northernbeaches.nsw.gov.au · Graham Middleton Group Manager Marketing and Communications Melissa Messina Group Manager, Childrens Services ... 4.1 Richard Michell