Minutes
of the Waverley Council Meeting held on 17 August 2004
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PRESENT
Councillor
Moscatt (Mayor) (Chair)
Councillors
Betts, Clayton, Copeland, Davidson, Kanak, Kay, Main,
Newhouse,
Sloan, Strewe and Wakefield.
At
the commencement of proceedings at 7.15p.m., those present were as listed
above.
0408.1
OPENING PRAYER
At the request of the Mayor, the General Manager read the Opening Prayer
and Acknowledgment of Indigenous Heritage.
0408.2 CONFIRMATION OF MINUTES
0408.2.1
Council (Inspection) Meeting – 3 July 2004
MOTION / DECISION: That the Minutes
of the Council (Inspection) Meeting of 3 July 2004; 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.
0408.2.2 Council Meeting – 20 July 2004
MOTION / DECISION: That the Minutes
of the Council Meeting of 20 July 2004; 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 subject
to apologies being received from Cr. Kay rather than Cr. Betts.
0408.2.3
Council (Inspection) Meeting – 7 August 2004
MOTION / DECISION: That the Minutes of the
Council (Inspection) Meeting of 7 August 2004; 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.
0408.3 APOLOGIES
There were no apologies received.
0408.4 DECLARATIONS OF INTEREST
The Mayor asked for Declarations of Interest and none were received.
0408.5 ADDRESS TO COUNCIL BY MEMBERS OF THE PUBLIC
1. Mr. R. Carney (on behalf of the Asbestos Disease Foundation of Australia)
– Item 0408.10.9 – James Hardie Industries – Proposed
Prohibition of Products.
2. Mr. W. Homschek (owner of Pie Face) – Item 0408.12.2 –
Proposed Amendments to Development Control Plan No. 15 – Footpath
Seating for Restaurants (A03/2371).
0408.6 MAYORAL MINUTE
0408.6.1
Establishment of ‘Heros Walks’ at Bronte Pool and Bondi Beach
(A03/0093)
MOTION / DECISION: That:
1. Council support, in principle, the establishment of Heros’ Walks
at Bronte and Bondi beaches.
2. Council consult with the community on the location and appearance of
the roundels.
3. The first roundel in the Bronte Heros’ walk commemorate the outstanding
contribution of Evelyn Whillier to the Bronte community.
4. A new roundel establishing the Bondi Heros’ Walk replace the
existing memorial plaque in memory of Stan McDonald.
BACKGROUND
The social and cultural fabric of Waverley has been enhanced by the contributions
of many prominent people over time. The work of some of these people has
been publicly acknowledged, however, there are many quiet achievers whose
significant efforts, although appreciated by many, are not formally commemorated.
One
of these people is prominent Bronte swimmer, Evelyn Whillier, who passed
away recently. She was a long-time Bronte resident who gave freely of
her time for the community by providing swimming lessons and coaching
at Bronte Pool, teaching two generations of locals to swim.
An Olympian from the 1936 games, where she competed as Evelyn De Lacy,
she was also an active member of the two clubs based at the pool, the
Bronte Breakers and the Bronte Amateur Ladies Swimming Club. She was well
known and loved in Bronte and is sorely missed.
Another is Stanley McDonald who was the first appointed Chief Beach Inspector
of Waverley Council. He introduced the first system of beach control and
performed innumerable rescues at Bondi over many years. He received awards
from the Humane Society on two occasions and a Certificate of Merit from
the Surf Life Saving Club of Australia.
Stan retired as a beach inspector in 1933 and began the family business,
Mac’s Beach Hire, that still operates today.
To recognise the contribution of residents such as Evelyn Whillier and
Stan McDonald I propose to establish two ‘Heros’ Walks’.
The walks would be marked by a series of rondels and would formally acknowledge
and commemorate the contribution of individuals to the local community.
0408.7 OBITUARIES (A02/0017)
MOTION / DECISION: That a letter of sympathy be forwarded to relatives
of the deceased listed below, expressing the condolences of the Mayor,
Councillors and Staff in the bereavement they have experienced:
Mr. Fred Meehan – Council employee.
Council also rose for a minute silence to remember the souls of people
generally who have died in our Local Government Area.
0408.8 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.
0408.8.1
Affordable Housing (A04/0581)
Cr. Betts mentioned that Council was given one unit of affordable housing
in the building at 1 Waverley Street approximately nine months ago and
the lease has still not been issued nor has the unit been occupied. She
said that she was concerned that it has taken that long to sign a lease
for the unit.
The Director, Library & Community Services replied that Council has
not, in fact, had access to the unit for that length of time, but rather
only two to three months. She explained that part of the delay has been
due to Council trying to attract a community housing association to take
over management of the affordable housing portfolio, and that our local
community housing association has declined to take on any more property
management for Council until a decision has been made, which should be
in the next few weeks.
0408.8.2
Traffic and Transport Forum (A03/1406)
Cr. Wakefield asked the Director, Corporate & Technical Services when
the Traffic and Transport Forum will next meet.
The Director, Corporate & Technical Services replied that a date has
not yet been finalised but she expects it to be in October 2004.
0408.8.3
Illegal Backpacker Program (A04/0515)
Cr. Wakefield asked the Director, Planning & Environmental Services
what the current status of the illegal backpacker program initiated earlier
this year is.
The Director, Planning & Environmental Services replied that an update
of the illegal backpacker program is on the agenda of the next meeting
of the Legal Services Review Panel next Thursday. He added that the program
has been active but there is very little complaint at the moment.
0408.8.4
Curlewis Street and Simpson Street, Bondi Beach – Roundabout (A03/0629)
Cr. Wakefield asked if Council will conduct a public meeting in relation
to the newly installed roundabout at the intersection of Curlewis Street
and Simpson Street.
The Mayor took the question on notice.
0408.8.5
Waverley Community Gardens (A03/0944)
Cr. Davidson mentioned that approximately 12 months ago, when granting
the lease for the Community Gardens, Council decided to review the operation
in the next 12 months, and that Councillors are still receiving complaints
from persons who have been members of the gardens. He asked the General
Manager if Council could undertake the review and let him know the outcome.
The General Manager replied that she will examine Council’s resolution,
ensure it is implemented and report back to Cr. Davidson.
0408.8.6
Waverley Community Gardens (A03/0944)
Cr Sloan asked if Lawson Ward Councillors and other interested Councillors
could hold a meeting with Council officers about the lease of the Gardens
and mentioned that she is extremely worried about Waverley residents being
outside the process now – that most of the people running the Gardens
do not live in the Waverley LGA.
The Mayor replied that they could.
0408.8.7
Aged Care (A02/0432)
Cr. Copeland asked if it is possible to put information about aged care
agencies, what they do and how to contact them on Council’s website.
The Director, Library & Community Services replied that there is an
aged care directory on the Community Services webpage that she will make
more visible.
0408.8.8
Langlee Lane, Bronte (A03/0724)
Cr. Copeland asked the Director of Public Works & Services if Council
is aware that unformed lane (Langlee) between Brown Street and Carter
Street is being used to store building material and the trucks using it
may cause subsidence.
The Mayor replied that Council officers will investigate the matter.
0408.8.9
Development Control Plans – ESD Gap Analysis (A04/0339)
Cr. Copeland asked the Director, Planning & Environmental Services
how has the ESD gap analysis of DCPs been integrated into recent DCP reviews.
The Director, Planning & Environmental Services replied that the gap
analysis is the first step of the review to determine how best to integrate
ESD principles into our DCPs, and that a workshop was held last week with
consultant who shall advise us how to write those principles into out
DCPs.
0408.9 REPORTS - PUBLIC BODIES
1. State Records NSW – July 2004 – Vital Signs
2. Local Government Focus – July 2004
3. Arima News – July 2004
4. The South Easterly – June 2004
5. The Bondi View
6. Alcohol Education & Rehabilitation Foundation
0408.10 CONSIDERATION OF MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:
Note from the General Manager: For the purposes of budgetary control
and planning, any Notices of Motion received and endorsed by Council,
which involve expenditure, will be subject to referral to the Finance,
Ethics & Strategic Planning Committee for its consideration of funding
options, budget implications and in conjunction with the budget estimates.
0408.10.1
Council & Standing Committees Meetings – Sustenance provided
to Councillors – Proposed Changes (A04/0371)
MOTION: That all Waverley Council meetings that take place in the
evenings, to start at 7.30pm, allowing the meals supplied to Councillors
to be available from 6.30pm to 7.30pm, on those nights.
BACKGROUND:
The proposal would allow Councillors to eat before a meeting starts, giving
us healthy Councillors. There would be a cost saving to Council of approximately
five hours of labour per meeting per week. The time that Councillors would
leave after a meeting would still be the same. A cheese/fruit and salad
tray could be left out, for after the Council meetings, for those Councillors
who wish to pick.
DECISION: That the Motion not be adopted.
Division:
For the Motion: Crs. Clayton,
Copeland, Davidson and Strewe.
Against the Motion: Crs. Betts, Kanak, Kay, Main, Moscatt, Newhouse,
Sloan and Wakefield.
0408.10.2
Delivery of Papers to Councillors by Rangers (A04/0371)
MOTION: That Waverley Councillors from 1 September 2004 have all
their business papers delivered to their mail boxes at Waverley Council
for collection.
BACKGROUND:
The proposal would free up Council Rangers who deliver Council papers
to Councillors’ homes. This would stop the two Council Officers
losing four hours of down time from their duties per week. Councillors
have security passes for after hours entry to the Council Chambers and
there should be no problem for them to pick up their own papers.
DECISION: That the Motion not be adopted.
0408.10.3
Advertising – Cost Effective Options (A03/0251)
MOTION / DECISION: That Council considers different cost effective
ways in publishing the Mayoral Column and notices to the public.
Council decided not to consider this item in Closed Session.
0408.10.4
Councillors – Access to Council Chambers (A02/0351)
MOTION: That all Waverley Councillors have their security passes
upgraded to allow them access to all areas in Waverley Council Chambers,
having the same similar access that Council staff have.
COMMENT FROM THE GENERAL MANAGER:
Operational issues like the control of security to buildings is a matter
for the General Manager rather than Council to determine. I suggest Councillors
contact me to resolve individual problems should they experience such
problems in regard to appropriate access.
DECISION: That the Motion not be adopted.
0408.10.5
Installation of Commercial Telecommunication Devices in New Multi-unit
Dwellings (A03/0384-02)
MOTION (WITHDRAWN): That:
1. Council investigates its legal capacity to incorporate a standard condition
of consent for all new multi-unit dwellings, to prohibit the Owners’
Corporation from entering into leasing agreements with telecommunication
companies to erect or install any commercial telecommunication device,
(other than for the explicit use of the occupants) on their building.
Should Council not be able to prohibit the Owners Corporation from entering
into such agreements that the following design principles form part of
the standard consent conditions:
2. Any commercial agreement reached between the Owners Corporation and
a telecommunication company, which allows the erection or mounting of
commercial telecommunication equipment on private or common areas of their
residential multi-unit dwelling, the following design and location criteria
applies:
A). An optimal installation of equipment should be installed so as it
is not viewable from the public domain and should sit within the building
envelope.
B). Where this is unachievable equipment must be designed and camouflaged
so as to mimic the design elements of the building on which it is installed,
in terms of shape and colour.
C). Devices and equipment cannot contribute to the bulk or breach height
restrictions of the relevant Development Control Plan.
BACKGROUND:
There is an increasing number of unsightly telecommunication devices being
installed in Waverley, a large proportion of these are mounted on Multi-unit
Dwellings.
This Motion seeks to find ways to protect the community from the adverse
visual impacts of telecommunication devices and the possible cumulative
effects of micro- wave emissions and associated health risks.
It is common practice that developers hold all voting rights for each
allotment within a multi-unit dwelling, prior to strata subdivision being
lodged with Department of Land Titles. They also retain these rights up
until the settlement of every allotment within the strata plan.
Developers are also responsible for formulating the Owners’ Corporation
by-laws, prior to the strata plan being lodged with the Department of
Land Titles. It is also accepted practice that the Owners’ Corporation
by-laws form part of the legal contract for sale.
Given this process, there is the opportunity to include very specific
by-laws, as part of the Strata Plan at this early stage.
0408.10.6
Telecommunication Facilities in the Waverley Local Government Area (A03/0384-02)
MOTION / DECISION: That:
1. Council opposes the placement of any telecommunications facility adjacent
to playgrounds and strongly supports Council officers’ submission
to Hutchison Telecoms (Orange) opposing the placing of a 3G Antenna on
a private two storey dwelling at 69 Hewlett Street, Bronte.
2. Council supports the fast tracking of development controls over the
siting of telecommunications antenna in the municipality and that these
controls will include an investigation of an exclusion zone of 300m around
primary schools.
3. Council investigate microwave excluding fabric and building materials,
and brings information on such to the attention of schools and parents
in the municipality, and State and Federal Departments of Education.
4. Council resolve to adopt the precautionary principle and therefore
seeks advice as to the most appropriate steps to be taken to protect the
public interest both in terms of minimising potential health impacts and
preventing potential exposure of Council to future liability claims. To
this end, Council consider the removal and relocation of the play equipment
from the Hewlett Street Reserve, at Hutchison’s expense, should
Hutchison proceed with the installation of the proposed facility.
5. Council requests the Federal Member and candidates to commit themselves
to give effect to Council’s resolution to create exclusion zones
around schools and give Councils the power to regulate communications
infrastructure.
6. Council investigates its legal capacity to incorporate a standard condition
of consent for all new multi-unit dwellings, to prohibit the Owners’
Corporation from entering into leasing agreements with telecommunication
companies to erect or install any commercial telecommunication device
(other than for the explicit use of the occupants) on their building.
7. Should Council not be able to prohibit the Owners Corporation from
entering into such agreements that the following design principles form
part of the standard consent conditions:
(a). Any commercial agreement reached between the Owners Corporation and
a telecommunication company, which allows the erection or mounting of
commercial telecommunication equipment on private or common areas of their
residential multi-unit dwelling, the following design and location criteria
applies:
(i)
An optimal installation of equipment should be installed so as it is
not viewable from the public domain and should sit within the building
envelope.
(ii) Where this is unachievable equipment must be designed and camouflaged
so as to mimic the design elements of the building on which it is installed,
in terms of shape and colour.
(iii) Devices and equipment cannot contribute to the bulk or breach
height restrictions of the relevant Development Control Plan.
BACKGROUND:
Given the widespread community concern in the Bronte area about the proposed
siting of a telecommunications facility at a property adjacent to the
public reserve/playground in Hewlett St; and
The close proximity of the facility to Bronte Public School; and
The demonstrated reluctance of Hutchison Telecoms (Orange) to indemnify
Council against future liability against possible health impacts occasioned
by their facility (as evidenced by their previous appeal to the Land and
Environment Court for the deletion of an indemnity clause contained in
the consent issued for the Botany Street, Bondi Junction facility); and
In light of the expressed concern by some researchers and scientist and
the uncertainty of the WHO of the potential for health impacts, particularly
to vulnerable pre-adolescents, from telecommunications facilities generating
electromagnetic radiation; and
The heritage value of Bronte Park, and our duty to protect the wildlife
in this park.
Cr. Sloan requested that it be noted in the minutes that her motion
at item 0408.10.5 – Installation of Commercial Telecommunication
Devices in New Multi-unit Dwellings – has been incorporated verbatim
into this motion at Clauses 6 and 7.
0408.10.7
Green Links (A03/0093)
MOTION / UNANIMOUS DECISION: That:
1. Council agree in principle to the concept of GREEN LINKS in the Waverley
LGA.
2. Project guidelines be prepared covering project issues, objectives,
scope of the project and constraints (eg, funding and priority) and distributed
to the Precincts for their consideration.
3. The Precincts and other interested stakeholders be consulted as to
what routes should be nominated as GREEN LINKS.
4. Council agree in principle to map and approve all GREEN LINK routes
taking in to account and using existing stairs, lanes alleys and footpaths.
5. A suitable budget be allocated for the development, upgrade and maintenance
of the GREEN LINK routes.
6. Council officers investigate the value of heritage listing the GREEN
LINKS to preserve them for the community.
7. GREEN LINKS are developed/phased in over a period of 5 years with the
first pilot route being completed within the next 18 months.
8. Contiguous LGA’s are informed and invited to LINK up.
9. Council officers investigate the inclusion of GREEN LINKS in Council’s
Section 94 Plan to recover the cost of implementing the scheme from future
developers and development.
10. Any other land owned or in the care, control or maintenance of other
authorities be included in the GREEN LINKS.
BACKGROUND:
Waverley Council is developing strategies to increase the proportion of
pedestrians relative to car use. An increase in walking helps create better
communities, healthier residents and a healthier and quieter environment.
The Green Links project would be a key area of Waverley’s pedestrian
strategy.
The Green Links in Waverley would connect Centennial Park, a major recreation
zone in the east, with the eastern beaches, parks and coastal walk. Links
could later be developed through to the harbour in the north, and south
and west to other city parks, green spaces and schools.
Green Links will use existing lanes, footpaths and stairs to provide 1)Human
paths, 2)Bush tucker routes, 3)Fauna paths, 4)Destinations, 5)Circular
not linear routes, 6)Where possible, separation from vehicles.
Green Links will reconnect schools to the wider environment and connect
with and integrate local Bushcare sites.
Green Links will ease pedestrian traffic along popular routes and improve
the aesthetics of a significantly built up and densely populated area.
0408.10.8
Electronic Tracking of Development Applications for Councillors (A03/2687)
MOTION / DECISION: That the General Manager inform Council of the
timetable for the introduction of electronic access for Councillors for
the tracking of DAs, including plans.
BACKGROUND:
It is important that Councillors have access to the progress of DAs through
Council to aid them in their decision making in a timely manner.
0408.10.9
James Hardie Industries – Proposed Prohibition of Products (A04/0495)
MOTION / DECISION: That:
1. Council acknowledges James Hardie’s concession that the company
had not made adequate provisions for the payment of future compensation
claims to asbestos victims.
2. In light of the conditions placed on James Hardie’s proposal
this Council declares that it will prohibit the use of James Hardie products
in Council projects until such time as the company takes steps to ensure
that full compensation is guaranteed to existing and future victims.
3. Council requires all building contractors and their subcontractors
engaged on capital works and/or maintenance projects for Council to enter
into a binding agreement with Council not to use James Hardie building
products until such time as existing and future victims of asbestos related
diseases are guaranteed full compensation.
4. Council calls on the Member for Coogee to urge the State Government
to consider banning James Hardie building products.
0408.10.10
Local Government Association Conference 2004 – Submission of Proposed
Motion – Economic Development & Tourism (A03/2608)
MOTION: That the following Motion be adopted and Council sponsor
the Motion to the 2004 Local Government Association Conference:
1. Waverley Council submits the following Motion for incorporation into
the Local Government Association of NSW Policy Statement on Economic Development
and Tourism:
(a). Local Government acknowledges the economic impact of tourism on local
Councils and calls for a substantial financial commitment from the Federal
Government towards assisting Local Government with the provision of services
to manage heavy visitation.
AMENDMENT: That the Motion be adopted subject to clause (a). being
amended to read as follows:
(a). Local Government acknowledges the economic impact of tourism on local
Councils and calls for a substantial financial commitment from the Federal
and State Government towards assisting Local Government with the provision
of services to manage heavy visitation.
THE AMENDMENT WAS PUT AND DECLARED LOST ON THE CASTING VOTE OF THE CHAIR.
Division:
For the Amendment: Crs.
Betts, Clayton, Copeland, Davidson, Kay and Sloan.
Against the Amendment: Crs. Kanak, Main, Moscatt, Newhouse, Strewe
and Wakefield.
DECISION: That the Motion be adopted.
Division:
For the Motion: Crs. Copeland,
Kanak, Main, Moscatt, Newhouse, Strewe and Wakefield.
Against the Motion: Crs. Betts, Clayton, Davidson, Kay and Sloan.
0408.10.11
Local Government Association Conference 2004 – Submission of Proposed
Motion – Coastal Geomorphology (A03/2608)
MOTION / DECISION: That the following Motions be adopted and Council
sponsor the Motions to the 2004 Local Government Association Conference:
1. That the LGA convenes a working group to consider the geography and
scenery of Sydney’s coastal cliffs and beaches, and other relevant
exposed coastal areas of NSW, and determines how the effects of wave action
impact on current and future land use. Further, that the working group
considers public access, private property, visual amenity, native title
and any other issues relevant to this physically dynamic and visually
outstanding zone.
2. That the LGA uses the findings of this group as a basis for making
representation to the Minister for Planning and DIPNR, of the preferred
position, and to seek NSW Government support for development of policy
for managing the physical dynamics and attributes of this coastal zone.
3. That Council urge the State Government to expedite its statewide geotechnical
policy.
BACKGROUND:
The sandstone cliffs and beaches of Waverley are a dynamic zone, subject
to erosion particularly during storms. Access to the coastal zone is also
of huge potential public benefit, with increasing focus on recreation
facilities including the coastal walk. Views from the ocean to the headlands
and bays require consideration in the planning process and geotechnical
stability should be recognised as a routine development consideration.
These physical geography and planning issues are beyond the scope of one
Council alone and should be given the attention of the State Government
to develop clear policies and guidelines.
0408.10.12
Local Government Association Conference 2004 – Submission of Proposed
Motion – Fleet Cars (A03/2608)
MOTION / DECISION: That the following Motion be adopted and Council
sponsor the Motion to the 2004 Local Government Association Conference:
1. That the LGA identifies suitable recent model hybrid cars for use in
Council fleets and works with State and Federal governments to achieve
bulk purchasing or tax relief incentives for Councils to purchase such
cars.
BACKGROUND:
The new generation of fuel cell passenger cars is demonstrating superior
performance and exceptional fuel savings, resulting in reduced pollution,
noise and greenhouse gas emissions. However, the cost of these cars still
makes less environmentally responsible vehicles more attractive to Councils
with strict budget limitations. Should the hybrid car be competitively
priced, its adoption could be much more widespread.
0408.11 COMMITTEE REPORTS
0408.11.1
Development Control Committee – 27 July 2004
MOTION / DECISION: That the
Minutes of the Development Control Committee of 27 July 2004; 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 and that the decisions contained in Clauses D-0407.1 to
D-0407.22 be received and noted, subject to recording Cr. Main’s
vote at item D-0407.21 as for the amendment rather than against the amendment.
0408.11.2
Bondi Junction Committee – 3 August 2004
MOTION / DECISION: That the Minutes of the Bondi
Junction Committee of 3 August 2004; 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 and
that the recommendations contained in Clauses B-0408.1 and B-0408.2 be
adopted.
0408.11.3
Finance, Ethics & Strategic Planning Committee – 3 August 2004
MOTION / DECISION: That the Minutes of the
Finance, Ethics & Strategic Planning Committee of 3 August 2004;
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 and that the decisions contained in Clause Clauses F-0408.1,
F-0408.2 and F-0408.4 to F-0408.7 be received and noted and the recommendation
contained in Clause F-0408.3 be adopted.
0408.11.4
Community, Housing, Environmental Services & Public Works Committee
– 3 August 2004
MOTION / DECISION: That the Minutes of the
Community, Housing, Environmental Services & Public Works Committee
of 3 August 2004; 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 and that the decision contained
in Clauses C-0407.1 be received and noted and the recommendations contained
in Clauses C-0408.1 and C-0408.2 be received and noted and the recommendation
contained in Clause C-0408.3 be adopted save and except the following:
1. COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLIC WORKS COMMITTEE
– 3 AUGUST 2004 – MINUTES – CLAUSE C-0408.3 –
BRONTE PARK PLAN OF MANAGEMENT (A03/0091-02)
And that this matter be dealt with separately.
0408.11.4.1
COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLIC WORKS COMMITTEE
– 3 AUGUST 2004 – MINUTES – CLAUSE C-0408.3 –
BRONTE PARK PLAN OF MANAGEMENT (A03/0091-02)
This matter was save and excepted by Cr. Copeland.
MOTION / DECISION: That the recommendation of the Community, Housing,
Environmental Services & Public Works Committee meeting held on 3
August 2004 be adopted subject to the following amendments:
1. In the incorporated document in the summary on page 3 for “Hewlett
Street Reserve” add a dot point to read as follows:
“Undertake community consultation before determining the final
design for access between Hewlett Street and Bayview Street”
2. On page 47 of the draft Plan of Management under the section ‘Hewlett
Street to Bayview Street’:
(a). Change “Repair path, steps and slope…” to “As
an interim measure repair path, steps and slope…”
(b). Delete the sentence beginning with “Build ramps…”
and add the following:
“Undertake community consultation before determining the final
design for access between Hewlett Street and Bayview Street. Options
for access should include providing winding ramped access, terracing,
design measures to ensure the majority of foot and wheeled traffic keeps
to the formed ramp, and contour drainage and vegetation to reduce erosion”.
3. Change the wording at the bottom of page 4 of the draft Plan of Management
from “Consider creating a Public Reserve Management Fund”
to “A direction of the Minister requires the creation of a Public
Reserve Management Fund”.
4. On page 38 of the draft Plan of Management where the Hewlett Street
action is to “integrate this area into the park”, add the
following words:
“Consider undertaking a process to change the park’s name
of ‘Hewlett Street Reserve’ to something more appropriate,
expressive, memorial or indigenous”.
5. On page 58 of the draft Plan of Management change “no lease or
license is proposed on community land” to “a lease or license
may be granted on community land in accordance with any policy developed,
refer to Chapter 2,3”.
6. In accordance with Clause 5 above, add the following words to Table
7 on page 23 under the heading ‘Park as a whole’ ‘Performance
Measures’:
“* complaint-free commercial activities” and;
7. Add the following words to Table 11 on page 26 under the heading ‘Commercial
activity – short term use’:
“however,
Council will develop a policy on commercial activities within the Park”.
0408.12 ADDITIONAL MATTERS FOR CONSIDERATION BY COUNCIL
0408.12.1
Various Streets in Waverley Local Government Area – Installation
of Angle Parking (A02/0637)
This matter was last considered by the Waverley Traffic Committee at its
meeting held on 8 July 2004. At that meeting the Committee decided that
Councillors identify streets in their Wards where it may be appropriate
for Council to install angle parking and submit them to the Manager, Technical
Services.
Subsequently, a ‘save and except’ for this item was submitted
to the General Manager by Crs. Betts and Kay in accordance with Council
guidelines. The General Manager requested that Council consider the matter
at this meeting.
The reason provided for the ‘save and except’ is summarised
as follows:
The resolution of the Committee is very broad and will result in Council
Officers having to spend an enormous amount of time and money checking
out all the streets that Councillors may suggest.
Crs Betts and Kay suggest as a minimum that the guidelines and street
width requirements for angle parking be explained to all Councillors and
that Councillors be asked to only submit streets that meet the requirements.
Furthermore, any lists of streets be endorsed by the Precinct Committees
before our Officers have to spend time and money investigating the options.
A copy of the Minute extract from the Waverley Traffic Committee meeting
held on 8 July 2004 was attached.
MOTION / DECISION: That:
1. Council receive and note this information.
2. The Manager, Technical Services be requested to provide Councillors
with the criteria for the installation of angle parking.
3. Councillors nominate streets meeting the criteria in their wards where
it may be appropriate for Council to install angle parking and submit
them to the Manager, Technical Services.
4. All submitted streets be forwarded to Precinct Committees for their
consideration and prioritised at the Traffic and Transport Forum.
0408.12.2
Proposed Amendments to Development Control Plan No. 15 – Footpath
Seating for Restaurants (A03/2371)
This matter was last considered at the Council Inspection meeting held
on 7 August 2004. At that meeting Council decided to defer the matter
to this meeting for further consideration.
Report dated 2 August 2004 from
the Director, Planning & Environmental Services regarding amendments
required to Development Control Plan No.15 ‘Footpath Seating for
Restaurants’.
MOTION: That:
1. The report be received and noted.
2. Council resolve to adopt this plan as amended subject to the following
additional amendments:
(a). That the word ‘designated’ be added to the second sentence
under Section 1.4 ‘Designated Areas for Footway Restaurants’
on page 1 so it will read: “These designated areas are:”
(b). That an additional sentence be added to paragraph 2 on page 3 under
the heading ‘General Controls’ that reads as follows:
“Adjoining space should only be used as long as the adjacent
business does not require the seating for their own purposes”.
(c). That Section 2.6 ‘Advertising’ should read as follows:
“Advertising
on umbrellas is only permitted consistent with the template design
on page 28 and only in Bondi Junction. Advertising on umbrellas is
prohibited in all other locations”.
(d). An additional paragraph be added to Section 2.10 that reads as
follows:
“The
extent of the footpath licence will be designated on the pavement
by a form of marker appropriate for the location at Bondi, Bronte
and other areas as determined by Council”.
(e). The second sentence under Section 1.5 on page 2 be amended to read
as follows:
“…and
any other LEPs and DCPs for the subject area that exist or may come
into force in the future”.
(f). Under Section 2.1 ‘Location of Seating’ replace the
word “unencumbered” with “unobstructed” in the
first and second dot points.
3. The seating plan for Waverley Mall being deferred to the next meeting
of the Bondi Junction Committee scheduled to be held on 7 September 2004.
4. The waste related issues raised by Councillor Wakefield in his submission
be included in DCP No. 15.
5. The Strategic Planning Section of the Planning and Environmental Services
Department schedule a review of DCP No.15 in regard to furniture and design
guidelines, with particular emphasis on advertising on umbrellas, in Bronte
and Bondi Beach in particular but also more generally within the Waverley
Local Government Area as soon as the Bondi Beach Character Study is complete.
AMENDMENT: That the Motion be adopted subject to Figure 2 on page
11 being amended to show a continuous strip against the building extending
from the property previously known as the Swiss Deli to Pie Face and that
pedestrian access should not be less than 2.5 metres.
THE AMENDMENT WAS PUT AND DECLARED LOST.
Division:
For the Amendment: Crs.
Kanak, Main, Moscatt, Newhouse and Strewe.
Against the Amendment: Crs. Betts, Clayton, Copeland, Davidson,
Kay, Sloan and Wakefield.
DECISION: That the Motion be adopted.
0408.12.3
Draft Waverley Development Control Plan No. 2 – Dwelling House and
Dual Occupancy Development (A03/0113)
This matter was last considered at the Finance, Ethic & Strategic
Planning Committee meeting held on 3 August 2004. At that meeting the
Committee decided to defer this matter to Council and in the interim a
briefing session be held for Councillors.
(The briefing session was held at 5.30pm, Tuesday, 10 August 2004 in the
Council Chamber.)
Report
dated 16 July 2004 from the Director, Planning and Environmental Services
regarding Draft Waverley Development Control Plan No. 2 – Dwelling
House and Dual Occupancy Development.
MOTION / DECISION: That Council:
1. Receive and note this report.
2. Endorse the Draft Waverley Development Control Plan No. 2 – Dwelling
House and Dual Occupancy Development and place it on public exhibition
in accordance with the Environmental Planning & Assessment Act 1979
and Regulation 2000, subject to the following additional conditions and
amendments to the Plan:
(a). On page 63 of the Plan under section C7.1.1, the first dot point
be amended to read as follows:
“450
square metres or more where the two dwellings are attached, or”.
(b). A new strategy S8.1.4 be added under the section 8.1 ‘Single
Dwellings’ on page 64 to read as follows:
“Council
may require the setbacks to be increased to retain solar access to
adjoining south properties in east-west running houses”.
(c). On page 67 of the Plan section 8.3 ‘Dual Occupancy Dwellings’
add a new section to include Figure 9.3 on page 70 of the front back
attached dual occupancy with the following comment:
“Although
the development of attached front and back dual occupancies are discouraged,
the provisions of detached rear houses will apply”.
(d). On page 70 of the Plan under section C9.4.1 the third line be amended
such that the words “may at a future time” be replaced with
“will at the same time”.
(e). On page 91 of the Plan under section 16 ‘Water Management
and Recycling’ add a new section to read as follows:
“All swimming pools to be fitted with covers to prevent water
evaporation”.
(f). On page 79 of the Plan under section S12.6 the second dot point
be amended to read as follows:
“Hard
stand car spaces should be wheel strips or surfaced in porous materials”.
(g). On page 79 of the Plan under section S12.6 a new dot point be added
to read as follows:
“Driveway footpath crossings are to be wheel strips or porous
material”.
(h). On page 3 of the Plan under section 1.5 ‘Aims of the DCP’
the second dot point have the following words added:
“…and
public view corridors”.
0408.12.4
Alcohol Free Zone – Bondi Junction (A03/0099)
Report
dated 26 July 2004 from the Director, Public Works and Services about
the implementation of an Alcohol Free Zone in the commercial core of Bondi
Junction.
MOTION / DECISION: That Council adopts the Alcohol Free Zone in
the commercial core of Bondi Junction.
0408.12.5
Bondi-Waverley School of Arts – Plan of Management (A04/0156)
Report
dated 6 August 2004 from the Director, Library and Community Services
seeking the adoption of the School of Arts Plan of Management.
MOTION / DECISION: That Council adopt the revised Plan of Management
for the Bondi-Waverley School of Arts as attached to this report subject
to a new clause “3. Community Meeting Room” being added to
Section 2.5 of the Plan.
0408.12.6
Waverley Library Forecourt Upgrade Works (A04/0620)
Report
dated 10 August 2004 from the Director, Public Works & Services
for the Waverley Library Forecourt Upgrade.
MOTION
/ DECISION: That the matter be deferred to the next meeting of the
Finance, Ethics & Strategic Planning Committee scheduled to be held
on 7 September 2004 to allow a presentation to Council on what is in the
plans and what has been approved, and to allow consideration of financial
matters.
0408.12.7
CONFIDENTIAL REPORT - Eastgate Carpark Refurbishment Parking & Revenue
Control System Replacement Tender (A04/0094)
Report dated 10 August 2004 from the Director, Corporate & Technical
Services about accepting the tender for the replacement of the parking
and revenue control system at Eastgate Carpark.
MOTION / DECISION: That:
1. Council deal with this matter in closed session under the provisions
of Section 10A(2)(c) of the Local Government Act 1993, as amended. The
information within the report, if disclosed, could confer a commercial
advantage on persons with whom the Council proposes to or may conduct
business with.
2. Council award the Tender for the replacement of parking and revenue
control equipment at Eastgate Carpark to S & B Parking Services Pty
Ltd.
3. The Mayor and General Manager be authorised to complete negotiations,
execute documents and affix the Council’s seal where necessary.
0408.13 GENERAL MANAGER’S REPORT
0408.13.1
Citizenship Ceremony (A02/0012)
Councillors were advised that a Citizenship Ceremony will be conducted
at the Council Chambers on:
THURSDAY, 26 AUGUST AT 7.30 PM
Councillors wishing to attend are requested to contact Mrs. Christine
Paris on 9369 8103.
MOTION / DECISION: That this information be received and noted.
0408.13.2
Proposed change of date for the October meeting of the Development Control
Committee (A02/0649)
The 2004 Local Government Association Conference will be held in Armidale
from 23 October 2004 to 27 October 2004 and six Waverley Councillors will
be in attendance.
A meeting of the Development Control Committee scheduled for 26 October
2004 falls within these dates. To allow Councillors to attend the Conference
in Armidale, I propose that the October meeting of the Development Control
Committee be rescheduled and brought forward to Tuesday, 12 October 2004.
MOTION / DECISION: That the October meeting of the Development
Control Committee be rescheduled and brought forward to Tuesday, 12 October
2004.
0408.13.3
Management Plan 2003-2006 – Fourth Quarterly Review (A03/0041-02)
A copy of the fourth quarterly review of the Management Plan has been
distributed separately with the Agenda.
MOTION / DECISION: That Council receive and note the fourth quarterly
review of the 2003-2006 Management Plan subject to a tick being placed
next to dot point three at Section 3.5 ‘Services for people with
a disability’ on page 7.
0408.13.4
Update - Local Government Amendment (Mayoral Election) Bill (A03/1389,
A04/0335)
As reported in June 2004, the Minister put forward a ‘Local Government
Amendment (Mayoral Election) Bill’. The Bill extends the term of
current Councillor-elected Mayors to March 2004 – September 2005,
a period of 18 months. This revised term is not discretionary.
The Bill was passed by the Legislative Assembly on 2 June 2004 and by
the Legislative Council on 6 July 2004.
Implications of the Amendment to the Act for the term of office of Deputy
Mayor, Council Committee Chairs and Council Committee Members
The Act allows for but does not require the election of a Deputy Mayor,
Council Committee Chairs or Council Committee Members. The Act makes no
prescription in relation to these terms of Office.
Council’s Responsibility and Structure of Council Committee Policy
states:
“Committee Chair:
The Mayor chairs all Committees except where he/she chooses not to do
so, in which case the chair is a Committee member selected by Council.
If the Mayor does not wish to chair and the Council has not elected a
chair, then the Committee may elect a chair. In practice, the Committee
Chairs are usually elected at the meeting of Council held annually to
elect the Mayor.”
At the Mayoral election meeting held 8 April 2004 Council resolved the
following:
1. That Council agrees to elect a Deputy Mayor for the term of the Mayor
(Clause S-0404.3) and;
2. The members of each Committee as well as delegates to various organisations
are appointed each year in conjunction with the Mayoral Election. For
this election only, elected representatives of each Committee will hold
office for six (6) months (Clause S-0404.8).
With regard to the Bondi Junction Committee, Council should note that
the current community members of the Bondi Junction Committee were first
appointed by Council in July 2003 for 12 months after a public EOI process.
Their term was due to expire in July 2004 but was effectively extended
by Council in April until 1 January 2005 with the expectation that there
would be further consideration in September 2004.
The governance model for Bondi Junction currently operating through the
Bondi Junction Committee is scheduled for review by Council in July 2005.
MOTION: That Council hold a meeting in September 2004 to elect
a Deputy Mayor and Committee Chairs.
FORESHADOWED MOTION: That Council:
1. Note that in line with changes to the Act and Council’s resolution
of 8 April 2004 the term of office of the current Deputy Mayor is extended
to September 2005, a period of 18 months.
2. Note the term of office for Committee Chairs and Committee members
is due to expire on 8 October 2004.
3. Extend the period of election of the current Committee Chairs, Committee
members and Mayoral nominees being Cr. Wakefield (Traffic Committee and
Safety Committee), Cr. Kanak (Multicultural Advisory Committee) and Cr.
Sloan (Public Art Committee) to September 2005 excluding the community
members of the Bondi Junction Committee.
THE MOTION WAS PUT AND DECLARED LOST.
THE FORESHADOWED MOTION NOW BECAME THE SUBSTANTIVE MOTION AND WAS PUT
AND DECLARED CARRIED.
DECISION:
That the (Foreshadowed) Motion be adopted.
0408.13.5
Redistribution of NSW Electoral Districts - Electoral Districts Commissioners’
Proposals (A03/1284)
In October 2003, Her Excellency the Governor appointed the Electoral Districts
Commissioners, The Hon. Jerrold Sydney Cripps QC (Chairperson) and Mr
Warwick Arthur Watkins (Surveyor General), in accordance with the relevant
Acts to redistribute the electoral boundaries.
The distribution of electoral districts was implemented under the provisions
of the Constitution Act 1902 and the Parliamentary Electorates and Elections
Act 1912.
The Commissioners have now determined the proposed boundaries. A report
including a statement of the Commissioners’ reasons for making the
proposed alterations and four (4) index maps were couriered to each Council
in New South Wales on Wednesday, 4 August 2004. The maps show the existing
and proposed boundaries of electoral districts for New South Wales are
now on display on the ground floor of Council Chambers.
The text of the report and the four (4) index maps are also available
on the internet website www.redistribution.seo.nsw.gov.au.
It is intended that the maps be displayed for the period Wednesday, 4
August 2004 to Friday, 3 September 2004 inclusive.
Any interested person or party who wishes to make suggestions or objections
regarding the proposed boundaries should forward them to the Office of
the Electoral Districts Commissioners at the following address by Friday,
3 September 2004:-
Level 7, Maritime Trade Centre, 207 Kent Street, Sydney NSW 2000 (GPO
Box 832 Sydney NSW 2001).
This information may also be emailed to redistribution@seo.nsw.gov.au.
MOTION / DECISION: That Council receive and note this information.
0408.13.6
Councillor Magazine (A04/0991)
Hallmark Editions publish quarterly a specialist magazine for Councillors.
A number of Councillors have expressed an interest in receiving a copy
of the magazine. The General Managers Office is currently arranging subscription
to the magazine. Copies will be distributed to all Councillors upon receipt.
MOTION / DECISION: That Council receive and note this information.
0408.14
PETITIONS
0408.14.1
Bronte Road, Bronte Beach – Request for a Loading Zone (A04/0696)
Petition containing 13 signatures from proprietors of businesses located
on Bronte Road, Bronte Beach requesting the installation of a loading
zone in close vicinity.
MOTION / DECISION: That this petition be received and noted and
referred to the Director, Corporate & Technical Services.
THE
MEETING CLOSED AT 10.25PM.
SIGNED AND CONFIRMED MAYOR
21 SEPTEMBER 2004
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