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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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