minutes of the waverley on tuesday 17 august 2010 · 2013. 10. 11. · this is page 6 of the...

This is of the Minutes of the Council Meeting held on Tuesday, 17 August 2010. MAYOR

MINUTES OF THE WAVERLEY COUNCIL MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON TUESDAY 17 AUGUST 2010

PRESENT

Councillor Betts (Mayor) (Chair) Councillors Cancian, Clayton, Coburn, Guttman-Jones, Jackson,

Kanak, Kay, Main, Sloan, Strewe and Wakefield.

At the commencement of proceedings at 7.10pm those present were as listed above with the exception of Cr Wakefield who arrived at 7.12pm. Crs Jackson left the meeting at 10.25pm during Council’s consideration of item 1008.14.4 and did not return. 1008.1 OPENING PRAYER & ACKNOWLEDGMENT OF INDIGENOUS HERITAGE At the request of the Mayor the General Manager read the Opening Prayer and Acknowledgment of Indigenous Heritage. 1008.2 LEAVES OF ABSENCE AND APOLOGIES There were no requests for leaves of absence. There are no leaves of absence previously approved by Council for this meeting. There were no apologies. 1008.3 DECLARATIONS OF INTEREST The Mayor asked for Declarations of Interest and none were received. 1008.4 CONFIRMATION OF MINUTES 1008.4.1 Council Meeting – 20 July 2010 MOTION / DECISION (Clayton / Betts)

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Council Meeting – 17 August 2010. Page 179 That the Minutes of the Council Meeting of 20 July 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that meeting. 1008.5 ADRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC 1. D and W Robinson – Item 1008.8.1 – TRIO Restaurant – Bin collection. 2. N Joscelyne – 1008.15.3 – Burge Street, Vaucluse – Removal of tree (TPO 284/2010). 3. G Tobias and J O’Rourke (objectors) and Rabbi Ulman and associate (applicant) –

1008.13.3 – Finance, Ethics & Strategic Planning Committee Meeting – 6 July 2010. 1008.6 MAYORAL MINUTE 1008.6.1 Pensioner and senior discount on Residential Beach Parking Permit (A03/0084) MOTION / DECISION (Betts / Clayton) That Council endorse a 25% discount for resident pensioners and seniors on the fee for the annual Beach Parking Permit on an ongoing basis and a report be prepared for Council detailing how the discount can be applied to other residents who are low income and welfare dependent. BACKGROUND In 2009 Council conducted a detailed review of Waverley’s parking services and made 82 recommendations, one of which was to raise the Residential Beach Parking Permit fee from $30 to $50 per annum. In adopting the review Council foreshadowed future changes to the system would be less ad hoc and have less negative effects on the overall efficiency of the system if we assessed new changes against the criteria used to assess options considered in the review. This year we doubled the Residential Beach Parking Permit fee to $100 and a number of people have complained about the fairness. However, in assessing the fee rise against the 14 criteria used during the review, it’s apparent the increase performs positively on the majority of criteria, neutrally on the rest, and negatively on one.

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Council Meeting – 17 August 2010. Page 180

Waverley Parking Review Performance of the Beach Parking Permit fee increase in achievement of

criteria Performance Criteria No. of Positive Contributions

Toward Achievement of Criteria

Technically practical 5 Promotes equity 4 Budget positive or negative 5 Enhances system efficiency 5 Enhances system capacity 3 Improves the environment 5 Encourages a shift away from private vehicle use 5 Satisfies Councillors’ political commitments 1 Improves staff safety 3 Improves staff efficiency 3 Improves community safety 3 Improves amenity and access 5 Manages demand 5 Benefits the economy / business community 3 Total 55

1 = The suggestion makes the current situation in relation to the criterion worse or the suggestion performs badly against the criterion.

3 = The suggestion makes the current situation in relation to the criterion neither better nor worse or the suggestion has no impact on the criterion.

5 = The suggestion makes the current situation in relation to the criterion better or the suggestion performs well against the criterion.

If this is about fairness we must consider those less well off in our community. Our elderly population need access to the beaches to ensure they are able to share in an essential part of our vision that they are inspired and able to renew their physical and spiritual wellbeing. Access to the beaches plays a big role in this and public transport doesn’t work for many of the elderly. If Council is committed to ensuring equity we need to make sure our beaches can be accessed affordably and easily by those most in need. A 25% discount will help those in our ageing community dependent on lower incomes be able to easily enjoy their day at the beach. 1008.7 OBITUARIES (A02/0017) Paula Bloch Paul Aaron Hammond Aunty Maria Kanak The Mayor will ask Councillors for the submission of Obituary Notices. MOTION / DECISION (Betts / Clayton)

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Council Meeting – 17 August 2010. Page 181 That a letter of sympathy be forwarded to the families of the deceased named above expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced. Council will rise for a minute silence for the souls of people generally who have died in our Local Government Area. 1008.8 QUESTIONS BY COUNCILLORS WITH NOTICE 1008.8.1 TRIO Restaurant – Bin collection (A02/0283) The following question was asked by Cr Kanak: Please can Council contact TRIO restaurant and ask them to present their commercial waste bins on Campbell Parade for pickup? BACKGROUND The private contractor’s garbage trucks use Lamrock Lane as a rat run to collect one or two bins on the corner of Sir Thomas Mitchell Road and Lamrock Lane – both residential streets – and the truck/s wake residents every morning, 7 days per week, between 5.30 and 6.30am. All other commercial premises on Campbell Parade have daily commercial waste bins collected from Campbell Parade. The Director, Public Works & Services replied: Yes, I’ll ask Council’s Commercial Waste Manager to go and visit Trio. I spoke to him this afternoon in relation to Trio Restaurant. Trio Restaurant is a customer of Waverley Council and we do service that restaurant seven days a week. One bin normally per day, Monday to Friday and sometimes two bins on the weekends. Up until recently we had a number of bins which were being presented in Lamrock Lane and after representations from residents in the area we spoke to all the commercial operators there and it was decided to move some bins to either end of the laneway away from the residents. So Trio is the only commercial customer presenting in the lane, so I’ll ask Joe to go out to talk to Trios. There is obviously OH&S safety issues for staff having to wheel the bins. I did have a look on the map this afternoon and I originally thought the intention was to take the bins on to Campbell Parade at the front of the restaurant. That’s about a distance of 350 metres which is a little bit unreasonable but you’re talking about moving them to the Lamrock end, I can get Joe to look at it and see if that’s a possibility. In relation to the early start, I can investigate whether we can get a different start time or later during the day but that normally that will lead to other commercial areas which are going to be affected by noise, so it’s about trying to share the noise in those areas. D and W Robinson addressed the meeting.

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Council Meeting – 17 August 2010. Page 182 1008.8.2 Maintenance and upgrade schedule north of Syd Einfeld Drive (A03/2095) The following question was asked by Cr Main: Small areas of Waverley LGA are located immediately on the northern side of Syd Einfeld Drive, Bondi Junction. Requests have been received for the following: 1. Vernon Lane between Leswell & Vernon Streets: garden beds in Waverley adjacent to

property located in Woollahra LGA – mulch and/or planting to reduce weeds. 2. Convent Lane: small park immediately east of Adelaide Street (link between Adelaide

St & western end of Fern Place adjacent to northern boundary of Syd Einfeld Drive) – requests for upgrading with a footpath, lights and a rubbish bin.

Please can these localities be included in Council’s routine maintenance and upgrade schedules?” The Director, Public Works & Services replied: I also became aware of the issues raised from representations from Woollahra on those areas and I would like to advise that the two areas concerned whilst in our Waverley LGA are not properties maintained by Council and not on any routine maintenance or upgrade schedule. The first section, the southern side of Vernon Lane between Leswell and Vernon Street is owned and maintained by the New South Wales RTA. I have been advised that the RTA have contracted out the management of the land under and around Syd Einfeld Drive to a property management company called Chestertons and the second area which is referred to as a small park in Adelaide Street is actually No. 15 Adelaide Street and is owned by the Trustees of the Roman Catholic Church, so it’s owned by the Catholic Church. 1008.8.3 Yeshiva – Building the Education Revolution (BER) (A09/0362) The following question was submitted by Cr Cancian: Is it possible for Council to make available at its Customer Service Centre the ‘Building the Education Revolution’ Exempt & Complying plans for the Yeshiva College in Flood Street? BACKGROUND I have received a number of representations about the plans for the development at the Yeshiva College in Flood Street. I understand they have lodged plans with Council as a result of receiving a Building the Education Revolution grant. Residents would like to view these plans so that they can be aware of the proposed changes to Yeshiva College and how it will impact their neighbourhood. The Director, Planning & Environmental Services replied: I’d be happy to make available at our Customer Service Centre a copy of the plans and supporting documentation for anybody coming in to view. This is an application which was approved under the stimulus money back in about December I think for some work at the Yeshiva College in Flood Street.

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Council Meeting – 17 August 2010. Page 183 1008.8.4 378 Bus Route (A03/0189) The following question was submitted by Cr Main: Council is aware that the 378 is one of the best services in the STA’s eastern Sydney network, nonetheless it is regularly unreliable. Please can the STA be requested to advise Council of any planned improvements across the network to improve reliability of this service to and from Bronte Beach? The Divisional Manager, Technical Services replied: I’ve spoken to State Transit and they are going to give me a report on the reliability of 378 and I’ll arrange for the report to go to the Traffic Committee. They seem to say that the service does run reliably and is well patronised. 1008.9 QUESTIONS BY COUNCILLORS TO THE MAYOR WITHOUT NOTICE Note from the General Manager: In accordance with Council’s adopted procedures, each Councillor may ask the Mayor one question without notice. Councillors are requested to submit their question in writing to the Mayor at the time the question is asked. There were no questions by Councillors to the Mayor without notice. 1008.10 PUBLICATIONS RECEIVED MOTION / DECISION (Wakefield / Kay) That Council receive and note the following publications from public bodies: 1. Bondi Surf Bathers’ Life Saving Club – Annual Report and Financial Statement 2009-10. 1008.11 NOTICE OF MOTIONS SUBMITTED BY COUNCILLORS Note from the General Manager: Council should note that for the purposes of budgetary control and planning, any Notices of Motion received and endorsed by Council, will be assessed for budgetary implications. If they cannot be achieved within existing allocations they will be referred to the Finance, Ethics & Strategic Planning Committee for its consideration of budget implications, in conjunction with the budget estimates or at a quarterly review of the budget. The report to Council about progress in achieving Council’s Motions will also highlight whether budget issues are involved.

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Council Meeting – 17 August 2010. Page 184 1008.11.1 Moving bike pathway from Bondi Junction Mall to improve pedestrian safety (A10/0292) The following Notice of Motion was submitted by Crs Clayton and Sloan: MOTION / UNANIMOUS DECISION (Clayton / Sloan) That Council investigate and report back on the feasibility and advantages of moving the official bike pathway between Bronte Road and Newland Street from the Bondi Junction Mall to Spring Street to improve pedestrian safety. The report is to include consideration of time separation, and BIKEast is to be included in any consultation. BACKGROUND Currently Council’s bike path takes bike riders right through the middle of the Bondi Junction Mall. This has become extremely dangerous and Council has had many complaints from residents that bike riders speed through the Mall each day and the risk of injury to pedestrians is a real problem for the safety of all using the Mall. This matter has also been brought to the attention of the Access Committee as there have been occasions whereby disabled residents, mothers with children and elderly residents have had close encounters with bike riders disregarding the safety of our community members. If a resident has been knocked over by one of these bike riders the person that may be injured cannot identify the rider as there is no identification number on the bicycle and by the time an incident has been reported to the police there is no capacity to identify or charge the cyclist as they have long gone. The safety of our residents is a priority and therefore relocating access for bike riders is a priority. 1008.11.2 Compliance workshop (A08/0791) The following Motion is a revised version of the Notice of Motion submitted by Cr Main: MOTION / DECISION (Main / Cancian) That: 1. Council requests a workshop presentation or workshop series on its existing

procedures and processes for managing and following up compliance matters. 2. The workshop includes summary information about, and proposals to, manage future

pressures and changes to:

(a). Building construction – DA compliance including increased use of Exempt & Complying legislation.

(b). Illegal use of premises (eg backpackers).

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(c). Fire inspections.

(d). Ranger services (dogs, environmental pollution, noise, parking, alcohol related matters, commercial hours of operation).

(e). Trees on public and private land.

(f). Outdoor seating.

(g). Dumped rubbish.

3. The Service Level Agreement, as detailed in the Delivery Program and Operational

Plan in regard to compliance with outdoor seating, be reviewed. BACKGROUND Demands on compliance are growing, particularly as Exempt and Complying Planning reforms take hold, pressure grows on recreational use of beaches and parks and intensification of development generates more conflicts over trees, noise and residential amenity. Council resources may need to be adjusted in recognition of these pressures, and a better understanding of the existing procedures through a preliminary workshop will be helpful in informing future resource allocation”. 1008.11.3 Birrell Street Road Closure – Ensuring success while minimising costs (A05/2046-01) The following Motion is a revised version of the Notice of Motion submitted by Cr Cancian: MOTION / DECISION (Cancian / Main) That: 1. Council investigate the necessary steps, obtains a valuation and estimates of any

additional costs for:

(a). Acquiring through negotiation, or acquiring compulsorily if necessary, the perceived vehicular access rights to the three properties (362, 364 and 281 Birrell Street) affected by the proposed road closure.

(b). Ensuring the continued legal right of pedestrian access to 362, 364 and 281

Birrell Street after the road closure takes effect. 2. The findings of the above investigation be referred to Council’s Birrell Street Working

Party. Division For the Motion: Crs Cancian, Coburn, Guttman-Jones, Jackson, Kanak, Kay, Main, Strewe and Wakefield. Against the Motion: Crs Betts, Clayton and Sloan.

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Council Meeting – 17 August 2010. Page 186 BACKGROUND Council currently has a second application lodged with the Minister of Lands to close the unmade section of Birrell Street, East of Cross Street. The Department has responded on 24th June 2010 (see link below) indicating that the closure application will again be refused unless the objections of the property owners of 362, 364 and 281 Birrell St are resolved. The owners have objected to the closure because it would impact the legal right of access to their properties provided by the road. Those rights include a notional right to access their properties by vehicle, and it is the loss of this right which is the main obstacle to resolving the objections. The property owners have indicated their willingness to withdraw their objections if Council purchases, installs and maintains an inclinator on Council’s land (Tamarama Park). This option is costly and could attract an ongoing public cost and liability burden. The Department of Lands letter of 24th June, advised Council to consider the option of directly compensating the owners for the loss of the vehicular access rights associated with the public road, by the compulsory acquisition of just those rights. The value of these rights is not known and determining it is the main purpose of this motion. These rights are non-operational and unable to be exercised as the road has not been constructed and there is no reasonable prospect of it ever being constructed. It may not be possible to construct the road or any driveways which comply with the Australian Road Safety design standards. Council should not advance the inclinator option until it has investigated the rights acquisition alternative. It would be reckless not to consider an option which may turn out to be significantly cheaper than the inclinator alternative by virtue of the likely low value that would be assigned to these vehicular access rights. In relation to point 1(b) of the motion, the closure of the road could also impact the existing right to pedestrian access for these properties. To ensure ongoing pedestrian access the creation of a "Right of Footway" easement may be necessary. The letter from the Department is included in the report to Council's July meeting. It can be viewed at http://www.waverley.nsw.gov.au/__data/assets/pdf_file/0006/16566/Report_-_Birrell_Street_Action_Plan.pdf ”. 1008.12 ADDITIONAL MATTERS FOR CONSIDERATION 1008.12.1 4th Quarter Budget Review for 2009/10 (A03/0346) Report dated 6 August 2010 from the Director, Corporate & Technical Services on Council’s 4th Quarter Budget Review for 2009/10. MOTION / DECISION (Betts / Sloan) That Council:

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Council Meeting – 17 August 2010. Page 187 1. Note this report on the budget review for the 4th quarter 2009/10. 2. Approve for the carry forward of under spent 2009/10 operational and capital works

funds into the 2010/11 operating and capital works budget. 1008.12.2 Management Plan 2009-2013 – Fourth Quarterly Review (A09/0247) A copy of the Fourth Quarterly Review of the Management Plan was distributed separately to Councillors with the agenda. MOTION / DECISION (Wakefield / Main) That the Fourth Quarterly Review of the 2009-2013 Management Plan be received and noted. 1008.12.3 Investment Portfolio Reporting (A03/2211) Report dated 19 July 2010 from the Director, Corporate and Technical Services providing an update on the performance of Council’s investment portfolio to 30 June 2010. MOTION / DECISION (Sloan / Coburn) That Council: 1. Receive and note this report. 2. Note that all investments have been made in accordance with the requirements of

section 625 of the Local Government Act 1993 and directions from the Minister for Local Government, including the Revised Ministerial Investment Order gazetted on 15 August 2008 and issued under DLG Circular 08-48 and Council’s Investment Policy.

1008.12.4 Grants and Subsidies – Programs – Community Funding – NSW Department of Human Services, Community Services Division (A02/0417-06) Report dated 3 August 2010 from the Director, Recreation, Customer & Community Services requesting authorisation for the signing of Service Agreements for 2010/11 with the NSW Department of Human Services, Community Services Division (previously DOCS), to enable continuing provision of Council community services including community development, child care and family support services. MOTION / UNANIMOUS DECISION (Sloan / Coburn)

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Council Meeting – 17 August 2010. Page 188 That Council authorises the Mayor and the General Manager to sign the two copies of NSW Department of Human Services, Community Services Division, 2010/11 Service Agreements. 1008.12.5 Records Management Policy – Review of Policy (A02/0077) Report dated 6 August 2010 from the Director, Corporate and Technical Services about the review of the Records Management Policy. A copy of the revised Records Management Policy is attached to the agenda. MOTION / DECISION (Wakefield / Cancian) That Council adopt the revised Records Management Policy. 1008.12.6 Request for the Calling of Tenders for Civil Maintenance and Minor Civil Construction (A10/0490) Report dated 19 July 2010 from the Director, Public Works and Services seeking to proceed to tender for Civil Maintenance and Minor Civil Construction on behalf of Public Works and Services MOTION / UNANIMOUS DECISION (Sloan / Clayton) That Council approves the calling of tenders for Civil Maintenance and Minor Civil Construction Works. 1008.12.7 Request for the Calling of Tenders for Cleaning Services Contract (A10/0507) Cr Wakefield was not in the chamber for the vote on this item. Report dated 9 August 2010 from the Director, Corporate and Technical Services seeking to proceed to tender for Cleaning Services. MOTION / DECISION (Sloan / Guttman-Jones) That Council approves the calling of tenders for Cleaning Services.

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Council Meeting – 17 August 2010. Page 189 1008.13 ADOPTION OF COMMITTEE MINUTES 1008.13.1 Development Control Committee Meeting – 27 July 2010 Cr Wakefield was not in the chamber for the vote on this item. MOTION / DECISION (Kay / Clayton) That the Minutes of the Development Control Committee Meeting of 27 July 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses D-1007.1 to D-1007.18 be received and noted. 1008.13.2 Waverley Traffic Committee Meeting – 22 July 2010 Cr Wakefield was not in the chamber for the vote on this item. MOTION / DECISION (Kay / Sloan) That Part 1 of the Minutes of the Waverley Traffic Committee Meeting of 22 July 2010; a copy of which was distributed to each Councillor, be received and noted and that the recommendations contained in Clauses WTC-1007.C1 to WTC-1007.C6, WTC-1007.V1 to WTC-1007.V5, WTC-1007.L1 and WTC-1007.L2 be adopted save and except the following: 1. Waverley Traffic Committee – 22 July 2010 – Clause WTC-1007.C1 – Cuthbert Street,

Queens Park – Change to parking restrictions (A03/2581). And that this matter be dealt with separately below. The late reports considered by the Committee at Items WTC-1007.L1 and WTC-1007.L2 are attached to the end of the Minutes for Council’s consideration. 1008.13.2.1 Waverley Traffic Committee – 22 July 2010 – Clause WTC-1007.C1 – Cuthbert Street, Queens Park – Change to parking restrictions (A03/2581) Cr Wakefield was not in the chamber for the vote on this item. This matter was save and excepted by Cr Main. MOTION (Main / Cancian) That the matter be deferred for further information. THE MOTION WAS PUT AND DECLARED LOST.

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Council Meeting – 17 August 2010. Page 190 AT THIS STAGE IN THE PROCEEDINGS, THERE BEING NO MOTION BEFORE THE CHAIR, THE FOLLOWING MOTION WAS MOVED, SECONDED AND DECLARED CARRIED: MOTION / DECISION (Kay / Betts) That the recommendation of the Waverley Traffic Committee made at its meeting on 22 July 2010 be adopted. 1008.13.3 Finance, Ethics & Strategic Planning Committee Meeting – 6 July 2010 MOTION (Kay / Clayton) That: 1. The recommendation contained in Clause F-1007.5 – Proposal to rezone 105

Wellington Street, Bondi (Maccabi Tennis Courts) (A10/0203) of the Minutes of the Finance, Ethics & Strategic Planning Committee meeting held on 6 July 2010 not be adopted.

2. The matter be deferred to allow:

(a). Council officers to assess the further submission for the proposal by the applicant dated 9 August 2010 addressing issues raised in the report and other reasons, and if appropriate, to prepare a supplementary report for Council consideration.

(b). Council officers to investigate who owns the site and whether the applicant has

the owner’s consent to lodge the application to rezone the land.

(c). Council officers to obtain an estimate of the value of the land under its current zoning.

(d). Meetings to be organised between Council planners and the applicant prior to

any community consultation in order to consider what opportunities are available to plan for a Community Centre on the site, and such options for the site to be considered by Council.

(e). Subject to (d) above, the preferred options for the site to be presented to Council

with a view of then seeking the community's opinion through an appropriate community consultation process.

(f). Subject to (d) and (e) above, Council to consider a report on the results of the

community consultation as part of the new draft comprehensive LEP.

(g). Council to notify those property owners and residents who were notified about the previous development application for the site in writing providing information of the decision taken at tonight’s meeting.

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Council Meeting – 17 August 2010. Page 191 3. Council notes that this is a privately owned site and that the owner may reasonably

pursue redevelopment of the site in accordance with Waverley’s Local Environmental Plan and Development Control Plan, and State planning instruments.

AMENDMENT (Wakefield / Kanak) That the Motion be adopted subject to the inclusion of the following clause: 1. Council does not support rezoning all or any parts of this parcel of land to any other

use other than a community centre. THE AMENDMENT WAS PUT AND DECLARED LOST ON THE CASTING VOTE OF THE CHAIR. Division For the Amendment: Crs Cancian, Jackson, Kanak, Main, Strewe and Wakefield. Against the Amendment: Crs Betts, Clayton, Coburn, Guttman-Jones, Kay and Sloan. THE MOVER AND SECONDER OF THE SUBSTANTIVE MOTION THEN INCORPORATED ADDITIONAL WORDING INTO THEIR MOTION SO THAT IT NOW READS AS FOLLOWS: MOTION: That: 1. The recommendation contained in Clause F-1007.5 – Proposal to rezone 105

Wellington Street, Bondi (Maccabi Tennis Courts) (A10/0203) of the Minutes of the Finance, Ethics & Strategic Planning Committee meeting held on 6 July 2010 not be adopted.

2. The matter be deferred to allow:

(a). Council officers to assess the further submission for the proposal by the applicant dated 9 August 2010 addressing issues raised in the report and other reasons, and if appropriate, to prepare a supplementary report for Council consideration.

(b). Council officers to investigate who owns the site and whether the applicant has

the owner’s consent to lodge the application to rezone the land.

(c). Council officers to obtain an estimate of the value of the land under its current zoning.

(d). Meetings to be organised between Council planners and the applicant prior to

any community consultation in order to consider what opportunities are available to plan for a Community Centre on the site, and to prepare a master plan of a variety of options proposed for the site, including options that are permitted under the current zoning, and all such options for the site to be considered by Council.

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(e). Subject to (d) above, the preferred options for the site to be presented to Council with a view of then seeking the community's opinion through an appropriate community consultation process.

(f). Subject to (d) and (e) above, Council to consider a report on the results of the

community consultation as part of the new draft comprehensive LEP.

(g). Council to notify those property owners and residents who were notified about the previous development application for the site in writing providing information of the decision taken at tonight’s meeting.

(h). Council to invite the operator of the tennis courts to a meeting with Council

officers to clarify the financial viability of the tennis facilities. 3. Council notes that this is a privately owned site and that the owner may reasonably

pursue redevelopment of the site in accordance with Waverley’s Local Environmental Plan and Development Control Plan, and State planning instruments.

THE MOTION WAS THEN PUT AND DECLARED CARRIED. Division For the Motion: Crs Betts, Clayton, Coburn, Guttman-Jones, Jackson, Kay, Sloan,

Strewe and Wakefield. Against the Motion: Crs Cancian, Kanak and Main. DECISION: That the Motion be adopted. G Tobias and J O’Rourke (objectors) and Rabbi Ulman and associate (applicant) addressed the meeting. 1008.13.4 Finance, Ethics & Strategic Planning Committee Meeting – 3 August 2010 Cr Wakefield was not in the chamber for the vote on this item. MOTION / DECISION (Sloan / Coburn) That the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting of 3 August 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decision contained in Clause F-1008.1 be received and noted and the recommendations contained in Clauses F-1008.2 to F-1008.6 be adopted. 1008.13.5 Community, Housing, Environmental Services & Public Works Committee Meeting – 3 August 2010 Cr Wakefield was not in the chamber for the vote on this item.

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Council Meeting – 17 August 2010. Page 193 MOTION / DECISION (Guttman-Jones / Kay) That the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting of 3 August 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the recommendations contained in Clauses C-1008.1, C-1008.2 and C-1008.3 be adopted. 1008.14 GENERAL MANAGER’S REPORT 1008.14.1 North Bondi SLSC Redevelopment (A08/0238) Council has received a request from North Bondi Surf Life Saving Club in respect to the proposed development of the new club premises at Bondi Beach and the possible use of a project manager not employed by Waverley Council. A meeting was held with the Mayor, Councillor Sally Betts, representatives from North Bondi SLSC, the General Manager, Tony Reed and the Director Public Works & Services, Mark Wood on Friday 16 July 2010 to discuss a number of issues pertaining to the possible redevelopment of the club facilities. It was acknowledged at this meeting that under normal circumstances Waverley Council provides the project management for the development of facilities of this type. Generally a Project Control Group is formed consisting of representatives from Council and the Surf Club to meet regularly with the project manager in respect to the delivery of the project. North Bondi SLSC indicated that their consultant Peter Carter who is well recognised in the industry and a highly experienced project manager has offered to project manage the Surf Club project on behalf of North Bondi SLSC and Waverley Council at a competitive fee proposal. Given the current capital works program facing Council in respect to the construction of the Waverley Pavilion and the Early Learning & Childhood Centre at Bondi Junction along with the range of traditional municipal projects Council’s available project management resources in the short term are stretched. Should North Bondi SLSC manage to generate sufficient funds to proceed to development of the facility it would be an opportune time to trial the use of external project managers in delivering a facility of this type for Council and the Surf Club. It is proposed that Council agree to the proposal from North Bondi SLSC that the project management of the construction of the new facility is undertaken by an external contractor. Council’s contribution towards this development is limited to Council’s designated amount in the Delivery Program being a maximum of $750,000. MOTION / DECISION (Clayton / Betts) That Council: 1. Receive and note the report of the General Manager regarding the request from North

Bondi SLSC to provide the project management for the development of the new club facilities at North Bondi.

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Council Meeting – 17 August 2010. Page 194 2. Agree to the appointment of Mr Peter Carter as the Project Manager for the proposed

redevelopment of the North Bondi SLSC club facilities. 3. Require the Project Manager to conduct regular meetings with the nominated Project

Control Group. 4. Distribute the minutes of Project Control Group meetings to Ward Councillors. 1008.14.2 Re-establishment of the Capital Works Councillor Budget Review Committee (A07/1529-02) At the July Council meeting, during debate and questions on the Roscoe Street Mall Tender, a number of councillors raised the operation of the Capital Works Councillor Review Committee. It was acknowledged that this Review Committee had not met for some time and that its operation should be investigated. The Capital Works Budget Review Committee was initially created for 12 months at the meeting held on 18 December 2007. The purpose of the Committee was as follows: 1. Provide an early warning mechanism for potential cost increases to projects. 2. Interrogate the reasons for such increases. 3. Provide advice to the General Manager about whether she should increase the budget

for a capital works project prior to a quarterly budget review because of urgent circumstances.

4. Provide comment about any process improvements for future works projects that may reduce unexpected budget increases.

The original committee comprised the following: The General Manager, Chair The Mayor, or her alternate Three other Councillors, namely Councillor Copeland, Councillor Kay, Councillor

Wakefield and Councillor Main as an alternate of the three Councillors Divisional Manager, Finance & Information Systems and Services Divisional Manager, Technical Services Other officers as required Administration support from the General Manager’s Unit The Terms of Reference that was prepared by the Capital Works Councillor Budget Review Committee of the day was attached to the agenda. The Capital Works Councillor Budget Review Committee ceased to operate in 2008. It is proposed that the Council re-establish and operate the Capital Works Councillor Budget Review Committee under the same Terms of Reference. MOTION / DECISION (Wakefield / Kay) That Council:

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Council Meeting – 17 August 2010. Page 195 1. Receive and note the report of the General Manager regarding the re-establishment of

the Capital Works Councillor Budget Review Committee. 2. Approve the re-establishment of the Capital Works Councillor Budget Review

Committee. 3. Nominate Councillors Kay, Main and Wakefield to the Capital Works Councillor Budget

Review Committee. 1008.14.3 Proposed Structural Realignment (A10/0542) The purpose of this report is to address a number of issues raised by Councillors in respect to better community consultation and media management. The Councillors have identified that Waverley Council requires more focus and capability in terms of coordination and response to community consultation especially in regard to the growing social networking media opportunities. Under the current structure (a copy of the current General Manager’s Unit configuration was attached to the agenda) the primary media interface is through the Media Executive Assistant to the Mayor. As part of the executive role the Media Executive Assistant to the Mayor also prepares material for the Mayors Column, media announcements and draft speeches for civic events. The assistant will also attend various functions with the Mayor and on regular occasions take photographs for use in the various articles etc. The Media Executive Assistant to the Mayor also prepares the articles and other announcements as part of the preparation of the Waverley in Focus quarterly newsletter. The role is also responsible for seeking information from staff in response to media enquires. Given the nature of the role communication and media enquiries often occur seven days a week. The Executive Officer, Communications currently has the following key tasks: Ensure that all communications from Waverley Council is designed in accordance with

Council’s Style Guide and is consistent, identifiable in bearing the Waverley Council branding and written in Plain English. This focus has grown to incorporate web-based material produced by Council as well as branding for Council’s public noticeboards, staff uniforms, vehicles (for example garbage trucks) and public buildings.

Oversee graphic design retainer service for staff to help ensure that all material is well designed and in accordance with Council’s Style Guide.

Supervise Communications Officer, Helen Mooy. Supervise writing, design and production of Council’s monthly staff newsletter Pipeline

plus develop and implement internal communications projects for and with staff. Provide communications support - through professional advice, assistance and

development of communications plans – to major projects within Council that require high level communications support and material.

Provide support to Media/Executive Officer to the Mayor during flex/annual leave. As well as the communications managed by the General Manager’s Unit extensive community contact is also undertaken by the Departments with such programs as:

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Council Meeting – 17 August 2010. Page 196 Place Management Environmental Sustainability & Education Waste Education Traffic & Road Safety Education Civic Pride & Community Volunteering Community Lands Plan of Management Public Infrastructure Consultation Community Service Promotions Cultural Services Promotions On the odd occasion the large number of events and activities run by Council can run without proper regard for other activities and as a consequence occur on the same day. This can result in the programs not being as effective as they could be and it is considered that improved coordination would benefit the outcome of these programs. The Executive Team have considered the issues surrounding increasing capability and also addressing the coordination elements of our community consultation, media interface and event management. It is proposed to undertake a minor structural change to the existing establishment in the General Manager’s Unit to create a Communications and Media Unit. The Unit would be responsible for coordination of all community consultation and the media interface. An important element of the functioning of the Unit will be the coordination of the various resources located within the Departments on a partnership basis. As detailed on the revised structure attached to the agenda the Communications & Media Unit will report to the Executive Officer to the General Manager. Council note that the Communications & Media Unit consists of the Executive Officer, Communications & Media and three Communications & Media Officers. An advantage in this structure is apart from the additional resource allocated to communication and media is the opportunity for sharing the workload in respect to media management. Council will also note that the position of Executive Officer for the Executive Team has been removed from the establishment in order to make the proposed change budget neutral with respect to salaries. Some readjustment of office space will be necessary in order to install new workstations and this work will be undertaken within existing budget allocations. Council is fully aware of the requirements of Integrated Planning Framework introduced by the Department of Local Government last year. Waverley Council is a Category 1 Council and has through the efforts of the community, Councillors and staff developed the primary pillars of the Integrated Planning Framework, namely: Waverley Together 2, Our community’s strategic plan for 2010-2022 Environmental Action Plan 2 (EAP2) Long Term Financial Plan (LTFP2) Waverley Council Strategic Asset Management Plan, (SAMP3) Waverley Council Delivery Program 2010-2013 Working Together, Waverley Council Workforce Plan 2010-2014 Waverley Council Operational Plan 2010-2011 These documents are the primary documents of Council in respect to service delivery and forward planning. Similar to the old Management Plan process in the Local Government Act these documents require ongoing monitoring and reporting back to the Division of Local Government, Department of Premier and Cabinet. This process has been undertaken within

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Council Meeting – 17 August 2010. Page 197 Corporate & Technical Services with Management Plan reporting coordinated by the Divisional Manager, Governance, Administration & Executive Support. Councillors will note in the Department of Corporate & Technical Services structure attached to the agenda that the Executive Officer Strategic & Community Planning reports to the Director Corporate & Technical Services as the lead Director. It is proposed to formalise the reporting structure by undertaking a minor structural change in the existing Division of Governance, Administration and Executive Support. It is proposed to change the title of the Division to the Division of Integrated Planning & Governance and assign a Project Officer Integrated Planning as a direct report to the Divisional Manager. There are no other changes in the existing structure of the division. This proposal is also budget neutral. MOTION / DECISION (Wakefield / Betts) That Council: 1. Receive and note the report of the General Manager regarding the proposed structural

realignment. 2. Approve the establishment of the Consultation, Communications & Media Unit within

the General Manager’s Unit as detailed within this report. 3. Approve the change from the Division of Governance, Administration and Executive

Support to the Division of Integrated Planning & Governance as detailed within this report.

1008.14.4 Catering Services (Council Meetings) Tender (A09/0231) In October 2009, a report was submitted to Council, which included a full evaluation of tender submissions and a recommendation to Council by the tender panel. After a thorough evaluation, the tender panel recommended that Laissez-Faire Catering and European Catering be awarded a panel arrangement, so that both companies could offer Council catering services that remained fresh over the contract term. Council, at this meeting resolved to defer the matter, and for a workshop to be held for Councillors to review the tender evaluation. Council has discussed the issue of catering services for Committee and Council meetings and has indicated a full review of options for providing catering services to these meetings be undertaken. From a procurement perspective, the current tender has not been finalised, and tenderers have contacted Council on many occasions asking for an update of proceedings with regard to awarding this tender. Given that Council intends to review a number of options for the supply of catering services it is proposed to finalise the tender process by formally rejecting all tenders and notifying same. MOTION / DECISION (Sloan / Betts) That Council:

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Council Meeting – 17 August 2010. Page 198 1. Receive and note the report of the General Manager regarding the catering services

(Council Meetings) tender. 2. Formally reject all tenders. 3. Authorise the General Manager to investigate alternative options for catering services

for Council and Committee meetings. 1008.14.5 Model of Solar System along Coastal Walk (A09/0776) Council considered this matter in November 2009 and resolved that:

“A proposal to start the model at the Coastal Walk in the Diamond Bay area be investigated.”

A copy of this report was attached to the agenda. The proposal was investigated and a plan prepared identifying the locations of the planet plinths at their respective locations refer to the attached plan. The plan was forwarded to applicants, Dr Karl Kruszelnicki and Christopher Lansell and requested to confirm whether these sites would be appropriate. Council was advised they were considering the route and would contact us in due course. Council has been contacted by Christopher Lansell and advised that they have received full funding for the installation of the solar system model and were keen to progress a site in Sydney. He has requested that I seek Council’s view on the possibility of installing the solar system model commencing at Bronte Beach and travelling south in lieu of the Diamond Bay proposal. He indicated that it was his understanding that the Coastal Walk in the Bronte to Clovelly link was heavily used so the model would have a better profile than if located at Diamond Bay. A plan of this proposal has also been prepared for consideration by Council and was attached to the agenda. MOTION (Kay / Coburn) That Council: 1. Receive and note the report of the General Manager regarding the proposed

installation of a solar system model along the Coastal Walk. 2. Agree in principle to the location of the model so that more comprehensive information

can be prepared for consideration by Council. FORESHADOWED MOTION (Strewe / Wakefield) That Council:

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Council Meeting – 17 August 2010. Page 199 1. Receive and note the report of the General Manager regarding the proposed

installation of a solar system model along the Coastal Walk. 2. Does not agree to locating the solar system in Bronte. 3. And that the offer to locate the solar system in Diamond Bay remains. THE MOTION WAS PUT AND DECLARED LOST. THE FORESHADOWED MOTION NOW BECAME THE SUBSTANTIVE MOTION AND WAS PUT AND DECLARED CARRIED. DECISION: That the Substantive (Foreshadowed) Motion be adopted. 1008.15 PETITIONS 1008.15.1 Extension of Residential Preferential Parking Scheme Area 26 (A03/2581) Petition containing 14 signatures requesting Council to extend the RPPS Area 26 to include the east side of Paul Street between Paul Lane and Woodstock Street. MOTION / DECISION (Kay / Wakefield) That the petition be received and noted and forwarded to the Director, Corporate and Technical Services. 1008.15.2 United Services Union Petition (A03/1603-03) Petition containing 219 signatures of employees of Waverley Council raising objections in relation to management’s current action that places employees under duress by giving 90 days notice to terminate the 2005 Waverley Council Enterprise Agreement. MOTION / DECISION (Strewe / Wakefield) That the petition be received and noted and forwarded to the General Manager. 1008.15.3 Burge Street, Vaucluse – Removal of tree (TPO 284/2010) Petition containing 28 signatures from residents of Burge Street and Young Street, Vaucluse requesting Council not to remove the tree in South Head Cemetery near the corner of Burge Street and Young Street or any other tree along the stone wall.

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Council Meeting – 17 August 2010. Page 200 MOTION / DECISION (Strewe / Kanak) That: 1. The petition be received and noted and forwarded to the Director, Planning &

Environmental Services. 2. When the period for receipt of public submissions has ended Council officers prepare

a report on the matter for Council’s consideration as an item of General Business at the next available Council Inspection meeting.

N Joscelyne addressed the meeting. 1008.16 QUESTIONS BY COUNCILLORS FOR NEXT COUNCIL MEETING There were no questions by Councillors for the next Council meeting. 1008.17 URGENT BUSINESS 1008.17.1 Draft Local Environmental Plan (Bondi Junction Centre) (Amendment No. 1) 2010 This matter was raised by the General Manager as an item of urgent business with the concurrence of Council. Report dated 16 August 2010 from the Director, Planning and Environmental Services about the preparation of a minor amendment to Waverley Local Environmental Plan (Bondi Junction Centre) 2010. MOTION / DECISION (Wakefield / Strewe) That Council: 1. Receive and note this report. 2. Council prepare a s. 73(A) submission to the Department of Planning for a minor

amendment to Waverley Local Environmental Plan (Bondi Junction Centre) 2010 for the properties at 118 and 118A Bronte Road, Bondi Junction for the following purposes:

(a). Amend an obvious mapping error which incorrectly zones Nos. 118 and 118A

Bronte Road, Bondi Junction as SP2 Infrastructure.

(b). Re-colour the sites B4 Mixed Use in line with the sites previous zoning and current approved commercial uses on the site.

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(c). The amendment is suitable under Section 73(1)(a) as it aims to correct an obvious error in the principal instrument and Section 73(2) which allows the minor amendment to include mapping errors.

1008.17.2 Council Inspection Meeting – 7 August 2010 This matter was raised by the General Manager as an item of urgent business with the concurrence of Council. MOTION / DECISION (Betts / Kay) That the Minutes of the Council Inspection Meeting of 7 August 2010; a copy of which was distributed to each Councillor, be received and that such Minutes be confirmed as a true record of the proceedings of that meeting. 1008.18 MATTERS TO BE DEALT WITH IN CLOSED SESSION Note from the General Manager: It is my opinion that the business listed under this section is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media. In accordance with section 10A(2) of the Act, Council may close part of its meeting to deal with business of the following kind: (a) personnel matters concerning particular individuals. (b) personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person

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

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

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

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

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

Aboriginal significance on community land. Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed. There were no matters dealt with in closed session.

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Council Meeting – 17 August 2010. Page 202 1008.19 SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair called for the submission of any rescission motions and none were received. THE MEETING CLOSED AT 10.45PM SIGNED AND CONFIRMED MAYOR 21 SEPTEMBER 2010

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