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Minutes of the Waverley Council Meeting held on Tuesday, 21 September 2004

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PRESENT

Councillor Moscatt (Mayor) (Chair)
Councillors Betts, Copeland, Davidson, Kanak, Kay, Main,
Newhouse, Sloan, Strewe and Wakefield.

At the commencement of proceedings at 7.10 p.m., those present were as listed above.

 

0409.1 OPENING PRAYER

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

 

0409.2 CONFIRMATION OF MINUTES

 

0409.2.1 Council Meeting – 17 August 2004

MOTION / DECISION: That the Minutes of the Council Meeting of 17 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.

 

0409.2.2 Council (Inspection) Meeting – 4 September 2004

MOTION / DECISION: That the Minutes of the Council (Inspection) Meeting of 4 September 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.

 

0409.3 APOLOGIES

Apologies were received and accepted from Cr. Clayton.

 

0409.4 DECLARATIONS OF INTEREST

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

1. Cr. Wakefield declared a non-pecuniary interest in Item 0409.10.2 – Blair Street & Warners Avenue, Bondi – Canna Lily Flower Beds (A03/0579) (A03/0869)

2. Cr. Wakefield declared a non-pecuniary interest in Item 0409.10.4 – 2004 Federal Election – Candidates’ Campaign Posters (A03/1389-02)

3. Cr. Kay declared a non-pecuniary interest in Item 0409.11.1 – Development Control Committee – 24 August 2004

 

0409.5 ADDRESS TO COUNCIL BY MEMBERS OF THE PUBLIC

1. Mr. N. Ingham (on behalf of Eastgate and Westfield) – Item 0409.12.2 – Draft Waverley Development Control Plan No. 14 – Land Use and Transport (A03/0447)

 

0409.6 MAYORAL MINUTE

 

0409.6.1
Light Rail (A03/0110)

MOTION / DECISION (Moscatt / Main)

That Council:

1. Reiterate its commitment to investigating the feasibility of light rail to improve public transport options in Waverley.

2. Requests the Minister for Infrastructure and Planning and the Department of Infrastructure, Planning and Natural Resources to include Waverley in the Inner Sydney Transport Strategy, mentioned in the Metropolitan Strategy Discussion Paper just released by the Minister and currently being developed by the NSW Government in conjunction with Sydney City Council.

BACKGROUND
Waverley developed around the tram network that provided access to the area from the late 1800’s until the 1960’s. The increase in car ownership and the introduction of public buses in the 1950’s led to the closure of many Light Rail routes around Sydney.

Over time traffic congestion in Waverley has worsened as residents and visitors have made an increasing proportion of all trips in private vehicles. This congestion is damaging to the
environment and reduces the attractiveness of using buses because of longer trip times and the difficulty of adhering to timetables.

To address this situation Waverley Council prepared the Waverley Transportation Policy in 2002. A central strategy of the policy is to “improve attractiveness of public transportation, walking and cycling in Waverley and encourage residents and visitors to rely on modes of transport alternative to private vehicles.” It also identifies a strong community consensus that public transport should be given priority over private vehicles on the existing road network.

In terms of improved public transport performance, light rail capacity generally operates at four times the potential volume of buses, so it is particularly applicable to busy bus routes.

The Council has, in the past, tried to seek support for the reintroduction of light rail through SSROC, with limited success.

Both the 2003-2006 Management Plan and the 2004-2007 Management Plan include provisions to assess the feasibility of light rail in Waverley.

The Metropolitan Strategy Discussion Paper, which was released recently, mentions the development of an Inner Sydney Transport Strategy. This provides an opportunity for Waverley to be included in an investigation of light rail as part of an integrated strategy for transportation in inner Sydney. I therefore recommend that we write to the Minister and DIPNR, expressing our interest in being involved.

 

0409.7 OBITUARIES (A02/0017)

 

MOTION / DECISION: That a letter of sympathy be forwarded to the relatives of the deceased listed below, expressing the condolences of the Mayor, Councillors and Staff in the bereavement they have experienced:

Neil William Raine
Margaret Ann DuBois (Mother of Barry DuBois, Convenor, Bondi Beach Precinct)
Victims of the terrorist attack in Beslan, Russia

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

 

0409.8 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.

 

0409.8.1
Cars parking across footpaths (A02/0469-32)

Cr. Wakefield asked the Director, Corporate & Technical Services when Council will change its policy in regard to tolerating cars parking across footpaths in our Council area.

The Director, Corporate & Technical Services replied that Council’s policy is not to allow cars to park across footpaths and Council officers will book those cars that do park across footpaths.

 

0409.8.2
Waverley Park – Footpath lighting at rear of Chambers (A02/0467)

Cr. Kanak asked the General Manager that given the Police Services Crime Statistics presentation to the Beach Safety Committee this evening could the provision of adequate footpath lighting be investigated for that unlit section of the Waverley Park walkway between the Chambers car park and the first park light towards the grandstand.

The Director, Beach, Park & Recreation Services replied that it would be investigated.

 

0409.8.3
Ground water bores (A04/0045)

Cr. Copeland asked the Director, Planning & Environmental Services how many registered and unregistered ground water bores there are in the Local Government Area.

The Director, Planning & Environmental Services took the question on notice.

 

0409.8.4
Pruning of trees without permission (A03/1581)

Cr. Sloan asked the Director, Beach, Park & Recreation Services if Council would investigate a complaint by a resident of Queens Park about her neighbour coming onto her property and pruning her trees without her permission.

The Director, Beach, Park & Recreation Services replied that Council will investigate the matter.

 

0409.8.5
Footpaths – Trip and Fall Liability (A02/0331)

Cr. Kanak asked the Director, Corporate & Technical Services that given his recent assistance to Mr. Clive Wood, an elderly trip and fall victim, what is the minimum measurement for an uneven section of footpath for that raised section to receive tresatment to protect Council from trip and fall liability.

The Director, Corporate & Technical Services replied that there is no minimum measurement. She said that Council prioritises what work can be done on footpath trip and fall hazards according to available funds and whether the hazard is in a high pedestrian area. In the Court’s view the physical size of the hazard is not a key factor when determining liability.

 

0409.8.6
Notifying Councillors of requests to access DA sites through Council’s parks (A03/1881-02)

Cr. Betts asked the Mayor if Ward Councillors could be notified when an applicant for a development application requests access to their site through Council’s parks. She added that applying for access through Council’s parks would not normally be part of the development application process but it is something Councillors should be aware of.

The Director, Beach, Park & Recreation Services replied that Councillors would be notified.

 

0409.8.7
Electronic Tracking of Development Applications for Councillors (A03/2687)

Cr. Kay asked the Director, Corporate and Technical Services what is the latest schedule for the electronic tracking of DAs and access for Councillors to DA status and information.

The General Manager replied that the Council resolution was that the General Manager prepare a report and there will be a report coming.

 

0409.8.8
Consideration of DCP No. 9 in Development Application reports (A04/1558)

Cr. Copeland asked the Director, Planning & Environmental Services what part of the DA report indicates consideration of DCP No. 9.

The Director, Planning & Environmental Services replied that not every DCP considered is necessarily referenced in the report. He added that he will raise the matter with staff and where appropriate they will include how to address the provisions of DCP No. 9.

 

0409.8.9
Requests for financial assistance (A02/0416)

Cr. Kanak asked what further assistance to unsuccessful applicants for cultural grants can Council provide to support their application to other arts and cultural funding sources.

The Director, Library & Community Services replied that Council does provide advice or professional expertise to organisations if they are having difficulty sourcing or applying for grants.

 

0409.9 REPORTS - PUBLIC BODIES

1. Uniken – August 2004

2. Local Agenda – July 2004

3. The National Trust Reflections – August / October 2004

4. Government News – July 2004

5. Natural Heritage – Winter 2004

6. The South Easterly – July 2004

7. Business First

 

0409.10 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.

 

0409.10.1
Bondi Beach Urban Design Development Control Plan – Proposed Amendments (A02/0183)

MOTION / DECISION (Wakefield / Strewe)

That:

1. Council amend the Bondi Beach Urban Design DCP to prohibit the display of A-Frame signs, menu boards and goods on footpaths in the 3A Business Zone area, as shown in the plan.

2. In the meantime, no further permits for A-frame signs, menu boards and/or goods on footpaths be issued and that no further permits be renewed.

3. Outlets with currently issued permits be regulated so as to minimise negative impacts on access along footpath areas.

4. Council’s regulatory staff order the removal of all such material not currently licenced.

BACKGROUND:
Councillors have received many complaints regarding access along footpaths in commercial areas. Such material placed on the footpath invariably restricts access for pedestrians particularly in busy commercial districts such as Campbell Parade and Hall Street, Bondi Beach.

There are numerous examples of retailers placing several A-frames and menu boards outside their premises. A-frames and menu boards tend to get larger and larger as retailers compete for passing trade. The end result is an undesirable, aesthetically displeasing, and potentially unsafe streetscape.

Recently A-frames, menu boards and goods on footpaths were prohibited from the Bondi Junction Town Centre. This motion would extend that prohibition to other commercially zoned areas of Waverley. This motion would not prohibit retailers from placing such material within a footpath seating licenced area consistent with DCP 15.

 

0409.10.2
Blair Street & Warners Avenue, Bondi – Canna Lily Flower Beds (A03/0579) (A03/0869)

MOTION / DECISION (Wakefield / Davidson)

That a report be prepared by the Director, Beach, Park & Recreation Services quantifying the annual cost and resources required to maintain the Canna Lily flower beds on Blair Street and Warners Avenue, Bondi. The report should also detail the heritage nature of these beds.

 

0409.10.3
New Mobile Garbage Bins – Proposal to display 40 km/hr vehicle speed limit sticker on bins where applicable (A04/0686)

MOTION / DECISION (Wakefield / Kanak)

That Council officers prepare a report for the Finance, Ethics & Strategic Planning Committee on the proposal that Council design, print and place on the side/front of the new mobile garbage bins a sticker displaying the 40 km/hr speed limit symbol for those residents in areas which have been approved for the new 40 km/hr speed limit.

BACKGROUND:
The Local Traffic Committee recently approved a 40 km/hr speed limit in a number of streets in the Waverley Local Government Area. This includes most of Bondi Basin east of Glenayr Avenue between Blair Street and Lamrock Avenue, parts of Bronte and other streets in the LGA. This effectively results in a large area with 40 km/hr speed limits covering heavily used pedestrian areas.

Port Stephens Council made good use of an equivalent 50 km/hr sticker to visually reinforce their reduced speed limits over previous years. Council should base their design and roll-out on this sticker.

The introduction of 40 km/hr speed limits in designated pedestrian areas is a relatively new and little known initiative of the RTA. The proposed 40 km/hr sticker will be an effective visual reminder to both residents and visitors to the area that speed limits have been reduced in designated streets to 40 km/hr.

 

0409.10.4
2004 Federal Election – Candidates’ Campaign Posters (A03/1389-02)

MOTION (Betts / Sloan)

That Council requests candidates in the upcoming Federal election to remove their corflute posters from poles and fences in the Waverley Municipality within three working days and that if these are not removed within this timeframe that the applicable fines be applied.

AMENDMENT (Strewe / Newhouse)

Those corflute posters that are, in the opinion of Council’s Manager, Technical Services, making walking and driving unsafe be taken down by the candidates within three days. The remainder to be taken down within one week of the day of the election by the candidates.

FORESHADOWED AMENDMENT (LAPSED) (Kanak)

That the matter be deferred to allow Council time to contact the street lighting and communications authorities about the approach they wish to take regarding the placement of posters on their infrastructure and a report be prepared for the next Council meeting.

THE AMENDMENT WAS PUT AND DECLARED CARRIED.

Division:
For the Amendment:
       Crs. Copeland, Kanak, Main, Moscatt, Newhouse, Strewe and Wakefield.
Against the Amendment:
Crs. Betts, Davidson, Kay and Sloan.

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

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

BACKGROUND:
In the past, Council has always turned a blind eye to political posters being erected in Waverley on condition that they are removed as soon as the election has taken place. Generally, the posters are placed in minimal positions. In the current election, the proliferation of posters has caused incredible visual pollution and in particular in Campbell Parade and their presence completely overshadowed the Festival of the Winds on Sunday. I have had numerous complaints about the quality of posters and although I believe Waverley should generally allow them in moderation the current proliferation is unacceptable for our residents.

Cr. Wakefield declared a non-pecuniary interest in this item.

 

0409.10.5
Development Approvals – Compliance Officers (A02/0787)

MOTION / DECISION (Main / Newhouse)

That Council investigates the opportunities for appointment of Compliance Officer(s) to oversee, check and regulate all building development sites in Waverley, and particularly to undertake the following:

1. Enforce compliance with conditions of consent and environmental management systems.

2. Check compliance of construction certificates with Development Approvals on sites administered by private certifiers.

BACKGROUND:
Checking for compliance with Development Approvals, particularly in an era of Private Certification, is a service that has been identified in the Walsh findings as requiring attention in Waverley. A significant number of complaints also arise from compliance issues. However, considerable allocation of resources will be required to monitor and enforce standards.

It is understood that to address this issue, Woollahra Council has developed a self-funding model. Can this, and any other regulatory measures, be investigated, so that if implemented, a satisfactory level of compliance can be achieved for Waverley.

 

0409.11 COMMITTEE REPORTS

 

0409.11.1
Development Control Committee – 24 August 2004

MOTION / DECISION (Main / Copeland)

That the Minutes of the Development Control Committee of 24 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 Clauses D-0408.1 to D-0408.15 be received and noted.

Council requested that the Director, Planning & Environmental Services write to the applicant of 40 Plowman Street, North Bondi clarifying Clause 2 of the decision at Item D-0408.3.

Cr. Kay declared a non-pecuniary interest in this item.

 

0409.11.2
Bondi Junction Committee – 7 September 2004

MOTION / DECISION (Newhouse / Strewe)

That the Minutes of the Bondi Junction Committee of 7 September 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-0409.2 be received and noted and the recommendation contained in Clause B-0409. 1 be adopted save and except the following:

1. BONDI JUNCTION COMMITTEE – 7 SEPTEMBER 2004 – MINUTES – CLAUSE B-0409.1 – PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO.15 – FOOTPATH SEATING FOR RESTAURANTS (A03/2371)

And that this item be dealt with separately at Item 0409.11.2.1

 

0409.11.2.1
BONDI JUNCTION COMMITTEE – 7 SEPTEMBER 2004 – MINUTES – CLAUSE B-0409.1 – PROPOSED AMENDMENTS TO DEVELOPMENT CONTROL PLAN NO.15 – FOOTPATH SEATING FOR RESTAURANTS (A03/2371)

This item was saved and excepted by Cr. Wakefield.

MOTION (Newhouse / Sloan)

That the recommendation of the Bondi Junction Committee meeting held on 7 September 2004 be adopted.

AMENDMENT (Strewe / Wakefield)

That the recommendation of the Bondi Junction Committee meeting held on 7 September 2004 be adopted subject to Clause 2 being amended to read as follows:

“Footpath seating under the awning to be marked leaving adequate room for a traversable path under the awning for pedestrians, and the mall seating area to be marked leaving planter seats free for public use”.

THE AMENDMENT WAS PUT AND DECLARED LOST.

THE MOTION WAS THEN PUT AND DECLARED CARRIED.

DECISION: That the Motion be adopted.

 

0409.11.3
Finance, Ethics & Strategic Planning Committee – 7 September 2004

MOTION / DECISION (Strewe / Newhouse)

That the Minutes of the Finance, Ethics & Strategic Planning Committee of 7 September 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 F-0409.3 and Clauses F-0409.5 to F-0409.7 be received and noted and the recommendations contained in Clauses F-0409.1, F-0409.2 and F-0409.4 be adopted save and except the following:

1. FINANCE, ETHICS & STRATEGIC PLANNING COMMITTEE – 7 SEPTEMBER 2004 – MINUTES – CLAUSE F-0409.2 – REQUESTS FOR COUNCIL FINANCIAL ASSISTANCE FOR COMMUNITY SUPPORT SERVICES AND PROJECTS AND CULTURAL EVENTS AND ACTIVITIES (A02/0416)

And that this item be dealt with separately at Item 0409.11.3.1

 

0409.11.3.1
FINANCE, ETHICS & STRATEGIC PLANNING COMMITTEE – 7 SEPTEMBER 2004 – MINUTES – CLAUSE F-0409.2 – REQUESTS FOR COUNCIL FINANCIAL ASSISTANCE FOR COMMUNITY SUPPORT SERVICES AND PROJECTS AND CULTURAL EVENTS AND ACTIVITIES (A02/0416)

This item was save and excepted by Cr. Kanak.

MOTION / DECISION (Kanak / Strewe)

That the recommendation of the Finance, Ethics & Strategic Planning Committee meeting held on 7 September 2004 be adopted subject to the following words being added to Clause 2:

“and the playwright Percy Bishop receive an additional $990 in kind support”.

Division:
For the Motion:
        Crs. Copeland, Kanak, Main, Moscatt, Newhouse, Strewe and Wakefield.
Against the Motion: Crs. Betts, Davidson, Kay and Sloan.

 

0409.11.4
Community, Housing, Environmental Services & Public Works Committee – 7 September 2004

MOTION / DECISION (Copeland / Kanak)

That the Minutes of the Community, Housing, Environmental Services & Public Works Committee of 7 September 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 C-0407.1, C-0409.3 and C-0409.4 be received and noted and the recommendation contained in Clause C-0409.2 be adopted.

 

0409.12 ADDITIONAL MATTERS FOR CONSIDERATION BY COUNCIL

 

0409.12.1
Bondi Junction Town Square Precinct Local Environmental Plan (A04/0280-03)

Report dated 14 September 2004 from the Director, Planning and Environmental Services.

MOTION / DECISION (Moscatt / Sloan)

That the matter be deferred to the next meeting of the Development Control Committee scheduled to be held on 28 September 2004.

 

0409.12.2
Draft Waverley Development Control Plan No. 14 – Land Use and Transport (A03/0447)

This matter was last considered by the Finance, Ethics & Strategic Planning Committee at its meeting held on 3 August 2004. At that meeting the Committee decided to defer the matter to this meeting.

Report dated 10 June 2004 from the Director, Planning and Environmental Services regarding Draft Waverley Development Control Plan No. 14 – Land Use and Transport.

MOTION / DECISION (Wakefield / Davidson)

That the matter be deferred to the next meeting of Council scheduled to be held on 19 October 2004 and in the interim a workshop be held for Councillors and other interested parties.

 

0409.12.3
Tender for the supply of pavers for Bondi Junction (A03/1913)

Report dated 14 September 2004 from the Director, Public Works and Services requesting Council endorse an approach to procure and authorise the calling of tenders for the supply of pavers for various projects in Bondi Junction over the next 5 to 10 years.

MOTION / DECISION (Newhouse / Main)

That Council endorses the approach and authorises the calling of open public tenders.

 

0409.12.4
Banning Smoking on Waverley Beaches (A04/0512)

Report dated 14 September 2004 from the Director, Planning and Environmental Services in respect to banning smoking on Waverley beaches.

MOTION (Main / Kanak)

That Council:

1. Receive and note this report.

2. Proceeds to prohibit smoking on Waverley beaches and exercise its powers pursuant to Section 632(2) of the Local Government Act, 1993 and place notices on Bondi, Tamarama and Bronte beaches prohibiting smoking.

3. Consider a further report from the Director, Planning and Environmental Services on implementation and enforcement of a ban on smoking on Waverley beaches at the October meeting of the Finance, Ethics and Strategic Planning Committee.

AMENDMENT (Betts / Kay)

That the Motion be adopted subject to the deletion of Clause 2.

THE AMENDMENT WAS PUT AND DECLARED LOST.

THE MOTION WAS THEN PUT AND DECLARED CARRIED.

DECISION: That the Motion be adopted.

Division:
For the Motion:
        Crs. Copeland, Kanak, Main, Moscatt, Newhouse, Strewe and Wakefield.
Against the Motion: Crs. Betts, Davidson, Kay and Sloan.

 

0409.12.5
Department of Community Services, Better Futures Program (A02/0417)

Report dated 14 September from the Director, Library and Community Services about approval for the Service Agreement Annexure from the Department of Community Services for 2 projects under the Better Futures Program. This addition to annual service agreements previously adopted by Council will deliver $66,407 for 2 projects over the next 12 months.

MOTION / DECISION (Strewe / Newhouse)

That Council authorise the Mayor and the General Manager to sign and affix the Common Seal to the 2 copies of the annexure to the Service Agreements with the Department of Community Services for 2004-2005.

 

0409.13 GENERAL MANAGER’S REPORT

 

0409.13.1
Citizenship Ceremony (A02/0012)

Councillors were advised that a Citizenship Ceremony will be conducted at the Council Chambers on:
Council Meeting – 21 September 2004. Page 170

THURSDAY, 14 OCTOBER 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.

 

0409.13.2
Waverley Council’s Responsibilities on Plans of Management - Waverley Cemetery (A02/0658-02)

The following summarises legal advice sought by Council in response to the 20 July 2004 Motion that “Council seek further advice to clarify its responsibility when preparing a Plan of Management for community land such as a cemetery.”

The advice states that:

1. Waverley Council should not exclude appropriate options when considering the preparation of a draft Plan of Management (POM). Acting reasonably, and having regard to the Council’s charter set out in Section 8 of the Local Government Act 2003 (LG Act - see para 5), Council should not, at this stage, determine to not consider the establishment of a crematorium when considering the preparation of a draft POM for Waverley Cemetery.

2. Should the Council determine to exclude the establishment of a crematorium within the cemetery, acting reasonably and in the exercise of its discretionary functions the Council should only do so after it has considered the financial, environmental and social benefits or dis-benefits from the establishment of a crematorium within the cemetery. Thus if the Council ultimately determines that the establishment and maintenance of a crematorium is not acceptable, that decision will have been made after an informed assessment of that option, and with knowledge of the consequences of the Council’s decision to agree to or reject the establishment of a crematorium within the cemetery.

3. Furthermore, Waverley Council must consider funding issues, when preparing the POM including whether the Council’s current financial position allows the achievement of any relevant objectives or whether funds need to be obtained, for example, through the imposition of charges, rates, government grants or whatever. Acting reasonably, the Council would want to inform itself, in considering the preparation of a draft POM as to whether or not the establishment of a crematorium would provide funds to assist in the maintenance of the Cemetery.

4. Council’s charter as mentioned above is set out in Section 8 of the LG Act. The most important obligations of Council under this charter include the provision and effective management of appropriate services and facilities for the community; the proper management, development, protection, restoration, enhancement and conservation of the environment; to bear in mind that it is the custodian and trustee of public assets and to manage them effectively; and, to have regard for the long term and cumulative effects of its decisions. In exercising its functions a Council must pursue its charter. While a Council’s failure to do this could not be a reason for, or taken into account in, any legal prosecution, a Council which consistently ignores the charter faces other sanctions under the LG Act including, in extreme cases, dismissal.

5. The terms discretionary function and reasonable are referred to above. Their meaning is explained as follows. When a Council exercises its functions, it generally exercises a discretion. The common law has evolved a series of rules which apply to the exercise of a discretionary function. One of the key rules is that any decision taken by Council must not be so unreasonable that no reasonable Council exercising the power could have exercised the power in that way. Thus, in exercising its discretion a Council must act as any other reasonable Council would in the same circumstances.

So, in summary, the advice to Council is that it should not exclude consideration of appropriate options when preparing Plans of Management for community land.

MOTION (Newhouse / Kanak)

That this summary of Council’s legal advice be received and noted.

AMENDMENT (Sloan / Betts)

That a copy of the terms of reference for the legal advice and a copy of the legal advice be provided to the Cemetery Stakeholder Panel.

THE AMENDMENT WAS PUT AND DECLARED LOST.

DECISION: That the Motion be adopted.

 

0409.13.3
Meeting Procedures Training (A04/0699)

Councillors are reminded that David Clarke from Wilshire and Webb has been invited to present a training session for Councillors before the September Council meeting on meeting procedures in local government. The session will be held at:

5.30pm – 7.00pm
Tuesday, 21 September 2004
Beach Room, Level 3
Council Chambers

The session has been specifically designed for Waverley and includes an outline of Meeting Regulations in the Local Government Act; structure and responsibilities of Council’s committees; and responses to specific meeting procedure questions raised by Councillors.

Please bring the following resources with you to the session:

a. Gerry Holmes/LGSA Effective Meeting Procedure Workbook and
b. Maddocks Essential Guide to Council Meetings

Copies of the Gerry Holmes/LGSA workbook ‘Effective and Fair Meeting Procedures’ and the Maddocks ‘Essential Guide to Council Meetings’ were distributed to Councillors on 9 September 2004.

MOTION / DECISION (Wakefield / Main)

That:

1. Council note this reminder of the meeting procedures training.

2. Councillors raise any requests for follow-up training or resources.

 

0409.13.4
2004 Local Government Elections – Declarations lodged by Candidates (A03/1389-02)

Correspondence dated 3 September 2004 from the NSW Election Funding Authority providing copies of the declarations lodged by candidates in connection with the Local Government elections held on 27 March 2004.

Copies of the declarations are available for viewing on file.

MOTION / DECISION (Wakefield / Davidson)

That this information be received and noted.

 

0409.14 PETITIONS

No Petitions were received.

 

0409.15 URGENT BUSINESS / LATE ITEMS

The following item of Urgent Business was submitted by Cr. Betts with the concurrence of the General Manager in relation to an amendment to the Minutes of the Finance, Ethics & Strategic Planning Committee at Item 0409.11.3.1:

MOTION (Betts / Wakefield)

That the Code of Meeting Practice be amended to prohibit Councillors from moving motions that seriously affect the financial situation of Council without providing documentation for Councillors’ consideration.

THE MOTION WAS PUT AND DECLARED LOST.

Division:
For the Motion:
        Crs. Betts, Kay and Wakefield.
Against the Motion: Crs. Copeland, Davidson, Kanak, Main, Moscatt, Newhouse and Strewe.

DECISION: That the Motion not be adopted.

Cr. Sloan was not in the chamber when the vote was taken.

 

THE MEETING CLOSED AT 9.10PM.

 

                                                                    SIGNED AND CONFIRMED MAYOR

                                                                    19 OCTOBER 2004

 

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