present - waverley council

This is of the Minutes of the Council Meeting held on Tuesday, 18 May 2010.

MAYOR

MINUTES OF THE WAVERLEY COUNCIL MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON TUESDAY 18 MAY 2010

PRESENT

Councillor Betts (Mayor) (Chair)Councillors Cancian, Clayton, Coburn, Jackson,Kanak, Kay, Main, Sloan, Strewe and Wakefield.

At the commencement of proceedings at 7.00pm those present were as listed above with the exception of Crs Coburn and Jackson who arrived at 7.05pm and 7.27pm respectively.

Cr Guttman-Jones has been granted leave of absence by Council for this meeting.

Cr Coburn left the chamber at 8.35pm and did not return.

1005.1 OPENING PRAYER

At the request of the Mayor the General Manager read the Opening Prayer and Acknowledgment of Indigenous Heritage.

1005.2 APOLOGIES

There were no apologies. Late apologies were received and accepted from Cr Jackson.

1005.3 DECLARATIONS OF INTEREST

The Mayor asked for any Declarations of Interests and the following were received:

1. Cr Clayton declared a less than significant, non-pecuniary interest in item 1005.10.1 –Gardiner Lane, Bondi Junction – Pedestrian friendly measures. Cr Clayton informed the meeting that she knows the person addressing Council on the matter.

2. Crs Cancian and Kanak declared less than significant, non-pecuniary interests in item 1005.14.2 – Waverley Park Masterplan and Plan of Management – Inclusion of community garden (A09/0108). They informed the meeting that they each know one of the people addressing Council on the matter.

3. Crs Cancian, Kay, and Wakefield declared the same interests at item 1005.12.1 –Development Control Committee – 27 April 2010 that they declared at the Development Control Committee meeting on 27 April 2010, and informed the meeting that they will leave the chamber for the item.

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Council Meeting – 18 May 2010. Page 86

4. Cr Kay declared a less than significant, non-pecuniary interest in item 1005.14.1 –Coastal Walk – Step free path from Bondi Beach to Marks Park (A03/0450). Cr Kay informed the meeting that he knows one of the people addressing Council on the matter.

1005.4 CONFIRMATION OF MINUTES

1005.4.1Council Meeting – 20 April 2010

MOTION / DECISION (Main / Clayton)

That the Minutes of the Council Meeting of 16 March 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be taken as read and confirmed as a true record of the proceedings of that meeting.

1005.4.2Council Inspection Meeting – 8 May 2010

MOTION / DECISION (Clayton / Main)

That the Minutes of the Council Inspection Meeting of 8 May 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be taken as read and confirmed as a true record of the proceedings of that meeting.

1005.5 ADDRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC

1. P Arico (Resident of Gardiner Lane) – Item 1005.10.1 – Gardiner Lane, Bondi Junction – Pedestrian friendly measures.

2. S Latta (on behalf of Penkivil Precinct) – Item 1005.12.4 – Waverley Traffic Committee Meeting – 22 April 2010 – WTC-1004.C5 – Ocean Street (South), Bondi – No Stopping Zone (A03/0772).

3. Resident of Dalley Street, Bondi Junction – Item 1005.12.4 – Waverley Traffic Committee Meeting – 22 April 2010 – WTC-1004.L2 – Dalley Street, Bondi Junction –2 Hour Parking (A02/0637-02).

4. J Reid (Chief Petitioner) and A Long (Supporter) – Item 1005.14.1 – Coastal Walk –Step free path from Bondi Beach to Marks Park (A03/0450).

5. P Jones and B Magal (Petition supporters) – Item 1005.14.2 – Waverley Park Masterplan and Plan of Management – Inclusion of Community Garden (A09/0108)

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1005.6 MAYORAL MINUTE

1005.6.1Scroll of Honour (A02/0004-02)

MOTION / DECISION (Betts)

That Council continues to acknowledge the contribution of local residents to the Waverley community by presenting a number of honour scrolls each year on Australia Day, commencing 2011.

BACKGROUNDUntil several years ago the Mayor’s Office was responsible for organising the Scrolls of Honour awards to recognise residents who had done something outstanding for Waverley. Recipients were genuinely excited about receiving a memento from Council on this significant annual anniversary.

Apparently no formal decision was made to abandon the practice, however, the Scrolls of Honour award have not been given out on Australia Day for the past couple of years. This probably coincided with the introduction and expansion of the Local Heroes Program and the larger scale events now held during Volunteer Week. Both Local Heroes and the volunteers’ afternoon tea acknowledge Waverley residents for the difference they make to the quality of life in our area. The volunteers’ afternoon tea, held on 14 May 2010, celebrated the contribution of approximately 100 people to Meals on Wheels, Bush Care, our Library Service, the Civic Pride Program and the Seniors Centre. Additionally in November each year Council selects up to three Local Heroes, bronze plaques are created for each and they are included in the beachside Local Heroes Walk.

There are many more ordinary residents who contribute greatly to our community and its wonderful lifestyle. They will never get a permanent plaque placed on Bondi Beach in their name, and they may not be volunteers with a specific organisation. I believe that we in Waverley have the capacity to celebrate these locals who are both good citizens and good neighbours and that Australia Day is an appropriate occasion on which to do this.

1005.6.2National recognition for Council’s integrated planning (A04/1243)


That Council:

1. Be congratulated for winning the National Award for Local Government in Asset and Financial Management.

2. Request the Mayor to write a congratulatory letter to the following staff – Bronwyn Kelly, Dan Joannides, Robert Esdaile, Brandon Ockelford, Kate McCabe, Debbie Roussakis, Ian Mead, Teena Su, Michael Mamo, Greg Worner, Greg Holten, Bernie Usher, Paul Spink, Rachel Trigg, Martin Forrester Reid, David Edwards, Anna Griggs, Lucia Beasley, Emily Scott, Shaun Naidoo, Mark Wood and Tony Reed.

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BACKGROUNDIn May, Council won the National Award for Local Government in Asset and Financial Management for our integrated planning.

The National Awards for Local Government recognise, reward and promote the innovative work of local governments across Australia. The awards are part of the Australian Government's way to partner with local government and to showcase the unique local solutions to common problems.

Being a category winner means we are also now a finalist in the overall award to be judged over the next few weeks and awarded in Canberra in June.

Waverley Council's entry outlines the evolution of our Strategic Asset Management Plans, the different approaches we have taken along the way compared to more traditional ones and how that has brought about benefits to both our community and Council.

These benefits have included reduced cost estimates to address the backlog of asset maintenance required, as well as these assets' ongoing maintenance costs. It also provided us a better understanding of the community's expectations in terms of their desired service level for certain assets, such as our basic yet effective approach of using simple pictures to determine preferred condition levels. This has all been integrated with our recent Long Term Financial Plan 2, as well as our community strategic plan, Waverley Together 2.

Waverley has been at the forefront of integrated planning and shown real innovation in ways to meet our community's needs. National recognition of our planning is wonderful news. It recognises five years of detailed and innovative work undertaken by many committed staff, which has also meant an 85% reduction in the expected cost of our asset renewal, which is a major benefit to the community.

Congratulations to all the staff involved.

1005.7 OBITUARIES (A02/0017)

Allen Hedger‘Epear’ Christopher Kelly LyonsIlana Jacobs

MOTION / DECISION (Strewe / Main)

That a letter of sympathy be forwarded to the families of the deceased named above expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced.

Council rose for a minute silence for the souls of people generally who have died in our Local Government Area.

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1005.8 QUESTIONS BY COUNCILLORS WITHOUT NOTICE

Note from the General Manager: In accordance with Council’s adopted procedures, Councillors are requested to submit their questions without notice in writing to the General Manager at the time the question is asked.

1005.8.1Ranger Patrols of North Bondi swimming areas (A02/0421-02)

Cr Wakefield asked the following question:

A little while ago we implemented increased patrols of the North Bondi swimming area in the late afternoon by our dog rangers over Christmas. Is that still continuing or has it ceased?

The Director, Planning & Environmental Services replied:

It had continued up until the end of April.

1005.8.2Ranger Patrols of North Bondi swimming areas (A02/0421-02)


Is there an intention to re-implement that on a more formal and permanent basis as we come into the summer period?


I know it’s the intention of the Compliance Division of Planning & Environmental Services to look at the opportunities of maybe put a business case to the Executive Team as we did late last year to provide additional patrols over the Christmas period. Additional patrols have not been incorporated in the budget for 2010/2011 but we’ll certainly look at it. We are also aided by the fact that there was a resignation by the litter ranger and by re-organising a few things we were able to keep patrols a bit longer than we originally intended over the past summer.

1005.8.3Dog Attacks (A02/0287-05)


Last week, my son and another boy were attacked by a dog at the North Bondi Ron Weekes pool. The other boy, in particular, was harassed by a small dog and chased to the point that the boy was in absolute tears. My little boy ran into the water and fortunately had a good time in the water, not knowing quite what was going on, but the other boy is a little bit older and was very concerned about it. Both I and the other parent called the Rangers, and theRangers came down.

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The woman lied to them about what had happened claiming that her dog was on a lead but was chased out of her hands by two other dogs and ran into the pool for refuge, which is manifestly untrue. I saw her release the dogs and asked her, when she did, to control them saying to her that were scaring our two children. Her response to us was to say “The only thing scaring your two children is your attitude”.

So I think, echoing Cr Sloan’s comments earlier, a lot of this issue is about the personality of the owners of the dogs, and it’s a real pity. This woman is a long term Bondi resident. I see her down at the beach every day, and she does this every day, and she is known to the Rangers to be doing it every day, but yet they did not fine her.

So my question is can we have some periodic patrols during the quieter periods? I’m quite happy to support the peak period patrol increase but the warmer weather we have had recently would necessitate that. So the question is, I suppose, two fold Madam Mayor, is there any intention during these cooler periods to have periodic patrols and what capacity do our Rangers have to fine a person on the word of a resident, or be it a Councillor?


Periodically we propose that we would have what I guess we would loosely term as a blitz. It might be that on those warmer days through winter, it might be event days like the City to Surf or whatever. We have an intention to maintain a presence or a greater presence where resources allow. I believe that you could fine someone, issue a fine to someone on the word of a third party. The test would then be if the person challenged the fine, the third partywould have to be prepared to go to court and give sworn evidence. It doesn’t happen that often. Of what is a concern to me is the reference you made that this woman is well known and often has her dogs off the leads and is known to the Rangers. That was not brought to my attention and I’ll certainly take that up with the Manager of the Division and the RangerTeam.

Cr Wakefield asked the Director if the issue had been brought to his attention.

The Director replied:

I was aware that you had complained and I was aware that the Rangers responded almost immediately, but by that time the dog was on the lead and the woman denied that allegation.

1005.8.4Posters (A04/0096)

Cr Clayton asked the following question:

Again we’ve got vandalism of our community. I’ve pulled off as many from poles as I could.I’ve got them here all over the desk, it says “Lost dog Roger beloved companion”, it’s a blow up sausage dog. My question is this, could we please find this person because I’m sick and tired of pulling them down from posts all over our community? This is a sheer case of community vandalism and I would be happy for the Councillors to have a look at this. There’s an email address and I’d like to see a very hefty fine sent to this person, Dorothy@www. wherever it is.

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Given the tone of the notice I suspect the email address is bogus.

1005.8.5Real Estate ‘For Sale’ signs in public domain (A05/0267)

Cr Cancian asked the following question:

There has been concern in the community about the proliferation of real estate ‘For Sale’signs in the public domain, and I’d like to ask that the Mayor write to the local real estate agents outlining the compliance requirements for real estate signs, and then follow this up with a blitz by Council’s Compliance officers in a month or so.

The Mayor replied that the question would be taken on notice.

1005.8.6Depot Sites (A07/0041-02)

Cr Main asked the following question:

That in accordance with Cr Strewe and Cr Wakefield’s motion to investigate alternate depot sites, please can the Mayor and General Manager officially approach the General Manager and Mayor of Woollahra Council with an offer to investigate a sharing arrangement for their O’Dea Avenue depot? I would have put that up as a motion but I’m asking it as a question tonight because it’s going on the Woollahra Council papers on the 24 May, on Monday, apparently as a serious offer.

The General Manager replied:

I’m not sure how it’s getting on the papers at Woollahra. The simple fact of the matter is that last Thursday the General Manager of Botany Bay City Council and the new Director of Technical Services at Woollahra and myself and the Director of Public Works & Services inspected eight sites in Alexandria, Botany and Zetland with a view to a shared facility but it’s not at O’Dea Street. The O’Dea Street depot facility is compromised by a road reserve which is to be excised by the Department very soon so the real issue is that the existing facility at O’Dea Street cannot support the staffing we have at Zetland in our own depot, it’s not big enough, it cannot take out plant, it’s not big enough and its compromised. So at the moment the officers of Councils are looking at occupying land elsewhere for a combined depot and Gary James the General Manager at Woollahra has not mentioned to me that there is an issue now about a notice of motion going up on Tuesday and I’m sure he’ll contact me.

1005.8.7Fair Trade (A06/1368)


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Just to note that the Fair Trade Fortnight has just finished and I know that this Council has passed a motion to purchase ‘Fair Trade’ items for Council functions. I was just wondering whether we actually do that because I’ve got examples here. Some of them we probably do but if we are going to go with new procurement arrangements, can we make sure that we do our fair trade in our tenders with food, coffee and tea?


I’m not sure what you’re raising in terms of the fair trading aspects of existing contracts. Again the procurement policy of Council in terms of ongoing contracts don’t’ have the provisions of fair trade for existing contracts other than those which have been entered into this year.

1005.8.8Tamarama Park Ecological Restoration (A03/0127)


I attended the Bronte Precinct meeting last night and there was a presentation about the Tamarama Park ecological restoration, and I was just wondering if the Director of Recreation, Customer & Community Services could outline the process and the steps that are involved in this survey that’s going out to residents, and what input Councillors will have into this and whether it will be available on the website or not?

The Director, Recreation, Customer & Community Services replied:

I think that’s something that requires more than a brief answer in this forum. I’m happy to put a paper to Councillors about it. If there is a specific concern that Cr Cancian would like to raise then I’m happy to take that on notice and get back to you very quickly.

Cr Cancian said I just wanted to know how the community is being informed about this.

1005.8.9Darug Sovereign Tribal Council Parliament (A02/0285)

Cr Kanak asked the following question:

This is in relation to something I was discussing earlier with the General Manager and I know that it is a notice that’s just been given to us this afternoon, but I’m just wondering in relation to that because of the conversation I had with people connected with it.

Is Council able to assist the Darug Sovereign Tribal Council Parliament with their 22 May 2010 Bondi Beach event by looking after the elders and the group, perhaps by the provision of the portaloos closer to the park and the beach, and maybe access to tea and coffee facilities in the Bondi Pavilion?


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The short answer is I don’t know. This is a notice we have received by hand from you today indicating that the original Sovereign Tribal Federation is having a dawn ceremony at Parramatta at Prince Alfred Park and are then coming to Bondi Beach to finish the celebration. We will be contacting them by phone tomorrow to get an understanding of what the proposal is. Not knowing the size or the nature of the activity it’s difficult to be able to answer what you just asked.

1005.8.10Bondi Winter Festival (A07/0497-03)


Council has received tonight the programme about Bondi’s Winter Magic, and I know it’s not listed on the programme that I’m looking at here, but is there any kind of fashion event that’s being held as part of the Bondi Winter Festival involving any of the clothing shops and designer labels themselves? Given the high profile recently of the Aboriginal model Samantha Harris I’d like to know whether or not we would be involving any Aboriginal models in any fashion parades connected with the Winter Festival.

The Director, Recreation, Customer & Community Services replied:

I don’t believe there is a fashion parade planned for Winter Magic this year. It’s been quite difficult to get the fashion retailers interested in the programme and it is still an evolving programme, so that can go on the table if they do plan an event for a fashion parade.

1005.8.11Waste Disposal Business (A02/0480)


It’s in relation to a representation I have received about the URM waste disposal business mixing recyclables with the normal rubbish at their collection points at North Bondi, and I’m just wondering if that’s not part of Council’s waste collection service, are we able to speak to the waste management plan organisers that involve URM, and make sure that they are actually separating recyclables from the normal waste that they collect.

The Director, Public Works & Services replied:

What we can do there is we can find out or identify the businesses, and talk to our Compliance officers and see what conditions we have placed on them as far as their waste management plans for their businesses. That’s the only course of action we’ve got. If we can get an idea where the location is we can then actually check what the conditions consent are for their waste management operations.

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1005.9 PUBLICATIONS RECEIVED

MOTION / UNANIMOUS DECISION (Kay / Main)

That Council receive and note the following Reports from Public Bodies:

1. Telstra Child Flight – Annual Report 20092. Dept. of Immigration – The Australian Journey – Muslim communities3. Australian Competition & Consumer Commission Update – April 20104. Government News – April/May 2010

1005.10 NOTICE OF MOTIONS SUBMITTED BY COUNCILLORS

Note from the General Manager: Council should note that for the purposes of budgetary control and planning, any Notices of Motion received and endorsed by Council, will be assessed for budgetary implications. If they cannot be achieved within existing allocations they will be referred to the Finance, Ethics & Strategic Planning Committee for its consideration of budget implications, in conjunction with the budget estimates or at a quarterly review of the budget.

The report to Council about progress in achieving Council’s Motions will also highlight whether budget issues are involved.

1005.10.1Gardiner Lane, Bondi Junction – Pedestrian friendly measures (A03/0667)

Cr Clayton declared a less than significant, non-pecuniary interest in this item and informed the meeting that she knows the person addressing Council on the matter.

The following Motion is a revised version of the Notice of Motion submitted by Cr Main:

MOTION / DECISION (Main / Cancian)

That:

1. Officers are requested to investigate implementation of a Shared Zone 10 k/hr speed limit to Gardiner Lane, Bondi Junction (between Newland and Gardiner Streets) or alternative pedestrian friendly measures for the lane.

2. Consultation is undertaken with affected residents to determine their access and parking requirements.

3. A report is prepared for Waverley Traffic Committee consideration recommending any suitable changes to traffic, parking and pedestrian conditions in the lane.

4. Officers investigate any opportunities for working with Council’s Civic Pride programme.

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BACKGROUNDMany of the residents of Birrell Street (north side) between Newland & Gardiner Streets enjoy friendly neighbourhood interaction in Gardiner Lane, and the lane has been the subject of a recent petition to Council requesting changes to circulation including possible one way traffic (east to west), speed restrictions and speed humps. An alternative solution could be a “Shared Zone” for pedestrians and vehicles.

P Arico (Resident of Gardiner Lane) addressed the meeting.

1005.10.2Coastal risk and geotechnical investigations (A02/0053-06)

The following Notice of Motion was submitted by Cr Main:

MOTION / DECISION (Main / Kanak)

That:

1. Officers are requested to report to Council on the findings of the Sydney Coastal Councils Group “Coastal Risk and Geotechnical Investigations”.

2. The report makes recommendations to Council and ESAC for adoption into relevant policies and planning requirements.

BACKGROUNDSydney Coastal Councils group (SCCG) has undertaken rigorous studies on coastal geotechnical conditions. Analysis of the implications for Waverley could help to inform future planning controls and management of the public domain.

1005.10.3Encouraging environmentally sustainable residential buildings in Waverley (A06/1922)

The following Notice of Motion was submitted by Crs Coburn and Kay:

MOTION / UNANIMOUS DECISION (Kay / Coburn)

That following the Sustainability Forum scheduled for July 2010 which will focus on the Bondi Junction commercial centre, Council Officers investigate options and feasibility for encouraging sustainable building design and construction for residential development in the Waverley LGA that goes above and beyond mandated BASIX requirements, including but not limited to:

1. An annual awards program that acknowledges exemplary outcomes in sustainable architecture or building design. This could be judged by our Environmental Sustainability Advisory Committee, and be informed by comments from the SEPP 65 Panel for residential flat buildings.

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2. The establishment of a Sustainable Building Advisory Panel, or Sustainable Building Advisory Service similar to that of Lane Cove Council, that provides to residential dwelling house owners and possibly owners of residential flat buildings a free pre-DA advisory service from professional architects to assist in sustainability outcomes.

3. Relevant initiatives derived from the July 2010 Sustainability Forum that would encourage environmentally sustainable building practice for residential development.

BACKGROUNDCouncil’s Environmental Sustainability Advisory Committee has long grappled with ways that Council can encourage sustainable buildings in the Waverley LGA above and beyond the limited requirements mandated by the State Government through the BASIX scheme for thermal comfort, water and energy efficiencies in residential development.

Sustainability aspects include demolition of existing structures, recycling of materials, selection of appropriate and sustainable materials, adaptability and reuse of buildings, layouts and built form, passive solar design principles, efficient appliances and mechanical services, soil zones for vegetation and reuse of water.

Waverley Council needs to look for different ways to provide incentives for residential property owners to exceed current water and energy targets.

1005.10.4Liability insurance scheme for owners of dangerous dog breeds (A02/0121)

The following Motion is a revised version of the Notice of Motion submitted by Crs Clayton and Sloan:

MOTION / DECISION (Clayton / Sloan)

That Waverley Council write to the NSW Government requesting introduction of a liability insurance scheme for owners of dangerous dog breeds, as defined by the Companion Animals Act 1998 and other relevant legislation.

BACKGROUNDThere have been serious dog attacks on people as well as other animals. Unfortunately the added trauma to the community with these attacks, as well as expensive medical bills and possible financial hardships, are being incurred far too often in our local government area. Recovering these expenses through the services of lawyers has been a great burden on our communities without an insurance in place for dog owners.

In light of the reported 666 attacks on people from January 1st to March 31st 2010 and 456 attacks on other animals, this compulsory insurance for all ‘restricted and dangerous dogs’, which is the state wide classification, would cover the expenses incurred with hospitalisation and veterinary clinic services.

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1005.11 ADDITIONAL MATTERS FOR CONSIDERATION

1005.11.13rd Quarter Budget Review (A03/0346)

Report dated 10 May 2010 from the Director, Corporate & Technical Services on Council’s 3rd Quarter Budget Review for 2009/10.

MOTION / DECISION (Kay / Main)

That Council:

1. Note this report on the budget review for the 3rd quarter 2009/10.

2. Vary the allocations to the recurrent and capital works budget in accordance with the review document.

1005.11.2SSROC Tender for the Supply and Delivery of Stationery and Associated Products (A03/0089)

Report dated 27 April 2010 from the Director, Corporate & Technical Services about the findings from the Assessment Panel created to evaluate the SSROC tender for the supply and delivery of stationery and associated products.

MOTION / DECISION (Wakefield / Kay)

That Council:

1. Accept the tender of Corporate Express as the provider for Stationery and associated products for a period of 3 years with an option for two (2) extensions of 1 year each.

2. Offer a formal written acceptance of the tender to Corporate Express.

1005.11.3Proposed Tender for the Supply of Waste Disposal Services (A04/0398)

Report dated 4 May 2010 from the General Manager regarding the proposed advertising of a tender for the supply of waste disposal services.

MOTION / DECISION (Wakefield / Clayton)

That Council:

1. Receive and note the report from the General Manager regarding the proposed advertising of a tender for the supply of waste disposal services.

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2. Utilise the selective tendering provisions within the Local Government Act and Regulations to seek tenders from Remondis, Veolia and WSN to provide waste disposal services to Marrickville, Waverley, and Woollahra Councils.

3. Request SSROC to contact the unsuccessful respondents to the Request for Proposals (the non-compliant Alexandria Landfill and Navitas Radix) to notify them that they have not been short listed.

1005.11.4Evaluation of Tender – City to Surf – Supply of Chalets for Bondi Beach (A10/0159)

Report dated 30 April 2010 from the Director, Recreation, Customer and Community Services about the findings from the Assessment Panel created to evaluate the tender for City to Surf – Supply of Chalets for Bondi Beach.

MOTION / DECISION (Clayton / Betts)

That:

1. The Evaluation of Findings report attached to Council’s file A10/0159 be treated as confidential in accordance with section 11(3) of the Local Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council enters into a contract under Clause 178 of the Local Government (General) Regulation 2005 with Pagers Hire Centre (NSW) Pty Ltd for a contract period of three (3) years for the Supply of Chalets for the City to Surf at Bondi Beach.

3. The unsuccessful tenderers be notified of the tender result.

1005.11.5Goods and Services Tax (GST) Certificate (A04/0081)

Report dated 3 May 2010 from the Director, Corporate and Technical Services about compliance with GST law, as required by the Department of Local Government for NSW.

MOTION / DECISION (Kay / Clayton)

That Council authorise the Mayor, and Councillor Strewe, along with the General Manager and the Responsible Accounting Officer, to certify the following:

1. Voluntary GST has been paid by Council for the period 1 May 2009 to 30 April 2010.

2. Adequate management arrangements and internal controls were in place to enable Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

3. No GST non-compliance events by Council were identified by or raised with the Australian Taxation Office.

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1005.11.6Bondi Junction Planning Review (A03/1151-04) (A03/1151-05) (A03/1151-06) (A03/1151-07) (A03/1151-08) (A03/1151-09) (A03/1151-12)

Report dated 12 May 2010 from the Director, Planning and Environmental Services regarding gazettal of Waverley Local Environmental Plan (Bondi Junction Centre) 2010.

MOTION / DECISION (Betts / Kay)

That Council:

1. Receive and note this report.

2. Write to the Department of Planning expressing Council’s extreme displeasure with:

(a) The Department’s amendments to the Waverley Local Environment Plan (Bondi Junction Centre) 2010 including their deletion of the minimum Non-residential Development component and Affordable Housing provisions.

(b) The Department’s usurping of Council’s planning powers.

(c) The Department’s complete disregard for the Waverley community.

(d) The Department’s moving of the goal posts yet again with amendments to the LEP without consultation with Council.

And, given the expenditure already incurred by Council on the review process, request the Department pay in full for any further urban design advice required by Council for the Waverley LEP process.

1005.11.7Filming Opportunity – New documentary series (A10/0327)

Report dated 8 May 2010 from the Director, Recreation, Customer and Community Services about a proposal to film a new observational documentary series in Waverley during winter 2010.

MOTION / DECISION (Strewe / Kay)

That Council does not agree to the filming of new documentary series featuring Council’s enforcement officers.

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1005.12 ADOPTION OF COMMITTEE MINUTES

1005.12.1Development Control Committee – 27 April 2010

Cr Cancian and Crs Kay and Wakefield declared the same interests in this item, with regard to clauses D-1004.7 and D-1004.1 respectively, that they declared at the Development Control Committee meeting on 27 April 2010. Crs Cancian, Kay and Wakefield were not present at, or in the sight of, the meeting while the matter was being considered and voted on.

MOTION / DECISION (Main / Clayton)

That the Minutes of the Development Control Committee Meeting of 27 April 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses D-1004.1 to D-1004.12 be received and noted.

1005.12.2Finance, Ethics & Strategic Planning Committee – 4 May 2010

MOTION / DECISION (Betts / Kay)

That the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting of 4 May2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses F-1005.1 to F-1005.6 be received and noted, and the recommendation contained in Clause F-1005.7 be adopted.

1005.12.3Community, Housing, Environmental Services & Public Works Committee – 4 May2010


That the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting of 4 May 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses C-1005.1, C-1005.2 and C-1005.4, and the recommendations contained in Clauses C-1005.3 and C-1005.5 be adopted, save and except the following:

1. Community, Housing, Environmental Services & Public Works Committee – 4 May 2010 – Clause C-1005.3 – Bondi Junction Public Art (A08/0201)

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2. Community, Housing, Environmental Services & Public Works Committee – 4 May 2010 – Clause C-1005.5 – Precinct Boundary Changes (A08/1333)

And that these matters be dealt with separately below.

1005.12.3.1Community, Housing, Environmental Services & Public Works Committee – 4 May 2010 – Clause C-1005.3 – Bondi Junction Public Art (A08/0201)

This matter was save and excepted by Cr Strewe.

MOTION (Strewe / Wakefield)

That the artwork Life Teaming be permanently installed on the corner of Grosvenor and Oxford Streets outside Westfield subject to Westfield’s agreement, and if not, in Eora Park or outside the Council Chambers.

THE MOTION WAS PUT AND DECLARED LOST.

AT THIS STAGE IN THE PROCEEDINGS THERE BEING NOTHING BEFORE THE CHAIR, THE FOLLOWING MOTION WAS MOVED:

MOTION (Sloan / Main)

That the artwork Life Teaming be permanently installed in Eora Park.

AMENDMENT (Wakefield / Strewe)

That the artwork Life Teaming be permanently installed on the corner of Grosvenor and Oxford Streets outside Westfield subject to Westfield’s agreement, and if not, in Eora Park.

THE AMENDMENT WAS PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR.

DivisionFor the Amendment: Crs Betts, Jackson, Main, Strewe and Wakefield.Against the Amendment: Crs Clayton, Cancian, Kanak, Kay and Sloan.

THE AMENDMENT NOW BECAME THE SUBSTANTIVE MOTION AND WAS PUT AND DECLARED CARRIED.

DECISION: That the Substantive Motion (Amendment) be adopted.

1005.12.3.2Community, Housing, Environmental Services & Public Works Committee – 4 May 2010 – Clause C-1005.5 – Precinct Boundary Changes (A08/1333)

This matter was save and excepted by Cr Wakefield.

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MOTION / DECISION (Wakefield / Kanak)

1. Council receive and note the report.

2. The current precinct boundaries be maintained with the exception of North Bondi and Bondi Beach.

3. North Bondi and Bondi Beach Precincts be combined into one precinct for a two year trial.

4. Discussions with precincts continue, and in partnership, actions are taken to address the operational concerns expressed by Bondi Beach and North Bondi precinct.

5. Precinct executives and residents be informed of Council’s decision on the completion of the trial period via the website and current precinct meeting flyers.

6. After the trial a report comes to Council detailing attendance at the precinct meetings.

A Rescission Motion duly signed by Crs Betts, Kay and Sloan was received after the close of the meeting regarding the decision made at item 1005.12.3.2 – Community, Housing, Environmental Services & Public Works Committee – 4 May 2010 – Clause C-1005.5 –Precinct Boundary Changes (A08/1333). The Rescission Motion will be dealt with at the next Council meeting scheduled to be held on 15 June 2010.

1005.12.4Waverley Traffic Committee Meeting – 22 April 2010

MOTION / DECISION (Kay)

That Part 1 of the Minutes of the Waverley Traffic Committee Meeting of 22 April 2010; a copy of which was distributed to each Councillor, be received and noted and that the recommendations contained in Clauses WTC-1004.C1 to WTC-1004.C7, WTC-1004.V1 and WTC-1004.V2, WTC-1004.Z1, WTC-1004.L1 and WTC-1004.L2, save and except the following:

1. Waverley Traffic Committee Meeting – 22 April 2010 – Clause WTC-1004.C3 –Waverley Council Chambers – Bondi Road and Paul Street, Bondi Junction (A08/0560)

2. Waverley Traffic Committee Meeting – 22 April 2010 – Clause WTC-1004.C5 – Ocean Street (South), Bondi – No Stopping Zone (A03/0772)

3. Waverley Traffic Committee Meeting – 22 April 2010 – Clause WTC-1004.Z1 –Additional Motorcycle Parking Zones (A02/0638)

And that these matters be dealt with separately below.

A resident of Dalley Street, Bondi Junction addressed the meeting with regard to item WTC-1004.L2.

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1005.12.4.1Waverley Traffic Committee Meeting – 22 April 2010 – Clause WTC-1004.C3 –Waverley Council Chambers – Bondi Road and Paul Street, Bondi Junction (A08/0560)

This matter was save and excepted by Cr Kay.

MOTION / DECISION (Kay / Wakefield)

That the parking spaces at the rear of the Council Chambers:

1. Adjacent to Waverley Park be changed from ‘Waverley Council Visitor Parking Only’ to ‘2P 8am–6pm Mon-Fri’.

2. Adjacent to the Council building be changed to ‘No Parking Waverley Council Permit Holders Excepted 8am–6pm Mon-Fri’.

1005.12.4.2Waverley Traffic Committee Meeting – 22 April 2010 – Clause WTC-1004.C5 – Ocean Street (South), Bondi – No Stopping Zone (A03/0772)

This matter was save and excepted by Cr Kay.

MOTION (Kay / Cancian)

That the existing No Stopping zone on the western side of Ocean Street, immediately to the south of the Bondi Road traffic lights be extended by 5 metres.

THE MOTION WAS PUT AND DECLARED LOST.

AT THIS STAGE IN THE PROCEEDINGS THERE BEING NOTHING BEFORE THE CHAIR THE FOLLOWING MOTION WAS MOVED, SECONDED AND DECLARED CARRIED:

MOTION / DECISION (Wakefield / Betts)

That the Recommendation of the Waverley Traffic Committee not be adopted and no further action be taken.

S Latta (on behalf of the Penkivil Precinct) addressed the meeting.

1005.12.4.3Waverley Traffic Committee Meeting – 22 April 2010 – Clause WTC-1004.Z1 –Additional Motorcycle Parking Zones (A02/0638)

This matter was save and excepted by Cr Wakefield.

MOTION / DECISION (Wakefield / Sloan)

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That the recommendation made by the Waverley Traffic Committee at its meeting held on 22 April 2010 be adopted subject to the following additional clause:

1. That a report be prepared for Council detailing other localities for dedicated motorcycle only parking in Bondi Beach and Bondi Junction.

1005.13 GENERAL MANAGER’S REPORT

1005.13.1General Manager’s request for leave (P05/053)

In accordance with Clause 9.2 of the Standard Contract of Employment for the General Manager, I request approval for leave from Wednesday 15 September to Friday 8 October 2010. The leave is required to attend a wedding in the United States of America. In my absence, it is proposed that the Director, Planning & Environmental Services act as the General Manager. It should be noted that the Mayoral Election is scheduled for Thursday 23 September 2010.


That Council grant leave to the General Manager from 15 September to 8 October 2010.

1005.14 PETITIONS

1005.14.1Coastal Walk – Step free path from Bondi Beach to Marks Park (A03/0450)

Cr Kay declared a less than significant, non-pecuniary interest in this item and informed the meeting that he knows one of the people addressing Council on the matter.

Petition containing 276 signatures calling on Council to give in principle support for a step free path from Bondi Beach to Marks Park.

MOTION / DECISION (Wakefield / Main)

That the petition and the proposal tabled at the meeting by the Chief Petitioner and his supporter be received and noted and forwarded to the Director, Recreation, Customer & Community Services.

J Reid (Chief Petitioner) and A Long (Supporter) addressed the meeting.

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1005.14.2Waverley Park Masterplan and Plan of Management – Inclusion of Community Garden (A09/0108)

Crs Cancian and Kanak declared less than significant, non-pecuniary interests in this item and informed the meeting that they each know one of the people addressing Council on the matter.

Petition containing 396 signatures calling on Council to consider a community garden as part of the Waverley Park Masterplan and Plan of Management.


That the petition be received and noted and forwarded to the Director, Recreation, Customer & Community Services, and consideration be given to locating a community garden in Waverley Park.

P Jones and B Magal (Petition supporters) addressed the meeting.

1005.14.3Development Application for Tamarama Beach Reserve (DA23/2010)

Petition containing 72 signatures calling on Council to implement the following changes to its development application for the kiosk and toilet facilities at Tamarama Beach Reserve:

1. Construction planned in a manner which will allow for the continued use of these facilities.

2. Kiosk to stay in its present location on the north side of the reserve.3. All toilet facilities to be located in their present location on the south side of the reserve.

MOTION / DECISION (Strewe / Wakefield)That the petition be received and noted and forwarded to the Director, Recreation, Customer & Community Services.

1005.15 URGENT BUSINESS

1005.15.1Redevelopment of former Hakoah Club site

This matter was raised by Cr Wakefield as an item of urgent business with the concurrence of Council.

MOTION / DECISION (Wakefield / Kanak)

That Council:

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1. Requests a meeting with the Planning Assessment Commission to present Council’s issues with the current proposal for the redevelopment of the former Hakoah Club site. Representatives of Council’s Planning Department and any interested Councillors be invited to attend.

2. Places a minimum quarter page advertisement within the Mayoral Column in the Wentworth Courier, to appear no later than the 4th June 2010, and create a page on Council’s website detailing Council’s opposition to the proposed redevelopment of the former Hakoah Club premises and adjacent sites. The text and images of the advertisement and webpage be to the satisfaction of the Director, Planning & Environmental Services in consultation with interested Councillors.

1005.16 MATTERS TO BE DEALT WITH IN CLOSED SESSION

Note from the General Manager: It is my opinion that the business listed under this section is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media.

In accordance with section 10A(2) of the Act, Council may close part of its meeting to deal with business of the following kind:(a) personnel matters concerning particular individuals.(b) personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person

with whom Council is conducting (or proposes to conduct) business.(d) commercial information of a confidential nature that would, if disclosed:

i prejudice the commercial position of a person who supplied it; orii confer a commercial advantage on a competitor of Council;iii reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of law.(f) matters affecting the security of Council, Councillors, Council staff and Council

property.(g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege.(h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land.

Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed.

The following Confidential Reports were distributed to Councillors separately with the agenda:

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1005.16.1CONFIDENTIAL REPORT – Evaluation of Tender for the Construction of the Waverley Pavilion, Sports Hall, Community Room and Café/Kiosk at Waverley Park (A10/0107)

Confidential Report dated 10 May 2010 from the Director, Public Works and Services about the findings from the Assessment Panel created to evaluate the tender for the construction of the Waverley Pavilion, sports hall, community room and café/kiosk at Waverley Park.

1005.16.2CONFIDENTIAL REPORT – Birrell Street Action Plan – Status Update (A05/2046)

Confidential Report dated 11 May 2010 from the General Manager about the status of the Birrell Street Action Plan.

Before the motion to close the meeting is put, the Chair provided an opportunity for members of the public to make representations as to whether this part of the meeting should be closed.

MOTION / DECISION (Wakefield / Main)

That:

1. Council move into closed session to deal with the matters referred to above which are classified as confidential under the provisions of Section 10A (2)(c) of the Local Government Act 1993 for the following reasons:

(a). The information within the reports, if disclosed, could confer a commercial advantage on persons with whom the Council proposes to or may conduct business.

(b). It is not in the public interest to reveal all details of the tenders or the assessment process outlined in the report at item 1005.16.1. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council’s decision.

(c). It is not in the public interest to reveal details of Council’s position with regard to the Birrell Street Action Plan as outlined in the report at item 1005.16.2.

2. Pursuant to section 10A(1), 10A(2) and 10A(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from the media and public as provided by section 11(2) of the Local Government Act 1993.

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At 10.12pm, Council moved into closed session.

1005.16.1CONFIDENTIAL REPORT – Evaluation of Tender for the Construction of the Waverley Pavilion, Sports Hall, Community Room and Café/Kiosk at Waverley Park (A10/0107)

Confidential Report dated 10 May 2010 from the Director, Public Works and Services about the findings from the Assessment Panel created to evaluate the tender for the Construction of the Waverley Pavilion, sports hall, community room and café/kiosk at Waverley Park.

MOTION / DECISION (Sloan / Wakefield)

That:

1. The report be treated as confidential in accordance with section 11(3) of the Local Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council endorses the recommendation to enter into a contract with the preferred tenderer, National Build Plan Group.

3. Council notify unsuccessful tenderers of the decision.

DivisionFor the Motion: Crs Betts, Clayton, Jackson, Kay, Sloan, Strewe and Wakefield.Against the Motion: Crs Cancian, Kanak and Main.

1005.16.2CONFIDENTIAL REPORT – Birrell Street Action Plan – Status Update (A05/2046)

Confidential Report dated 11 May 2010 from the General Manager about the status of the Birrell Street Action Plan.

MOTION / DECISION (Wakefield / Jackson)

That:

1. This report be treated as confidential in accordance with section 11(3) of the Local Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Receive and note the report of the General Manager on the status of the Birrell Street Action Plan.

3. Council adopt the Birrell Street Action Plan as amended at this meeting.

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4. A report be prepared for the next Council meeting detailing all aspects of the Birrell Street Action Plan and associated report which are not subject to confidentiality.

At 10.57pm Council resumed in open session.

1005.RMPResolution from closed session made public

In accordance with Clause 253 of the Local Government (General) Regulation 2005, when the meeting resumed in open session the Chair announced the resolutions made by Council, including the names of the movers and seconders, while the meeting was closed to members of the public and the media.

1005.17 SUBMISSION OF RESCISSION MOTIONS

Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions.

Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice.

Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision.

Rescission motions will generally be dealt with at the next Council meeting.

The Chair called for the submission of any rescission motions and none were received.

A Rescission Motion duly signed by Crs Betts, Kay and Sloan was received after the close of the meeting regarding the decision made at item 1005.12.3.2 – Community, Housing, Environmental Services & Public Works Committee – 4 May 2010 – Clause C-1005.5 –Precinct Boundary Changes (A08/1333).

The Rescission Motion will be dealt with at the next Council meeting scheduled to be held on 15 June 2010.

THE MEETING CLOSED AT 11.00PM

SIGNED AND CONFIRMED MAYOR15 JUNE 2010

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