| Your Local Council |
  |
 |
|
Minutes of the Waverley Council Meeting held on Tuesday, 18 March 2008
Council Meetings Minutes Index
How to Search Council Meetings Minutes
PRESENT
Councillor Strewe (Mayor) (Chair)
Councillors Betts, Clayton, Copeland, Kanak, Kay, Main, Moscatt,
Newhouse, Ridyard, Sloan and Wakefield.
At the commencement of proceedings at 7.15pm those present were as listed above.
At 8.15pm, during item 0803.11.5, Cr Moscatt left the meeting and did not return.
0803.1 OPENING PRAYER
At the request of the Mayor the General Manager read the Opening Prayer and Acknowledgment of Indigenous Heritage.
0803.2 CONFIRMATION OF MINUTES
0803.2.1
Council Meeting – 19 February 2008
MOTION / DECISION (Main / Newhouse)
That the Minutes of the Council Meeting of 19 February 2008; 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.
0803.2.2
Council Inspection Meeting – 8 March 2008
MOTION / DECISION (Main / Strewe)
That the Minutes of the Council Inspection Meeting of 8 March 2008; 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.
0803.3 APOLOGIES
There were no apologies.
0803.4 DECLARATIONS OF INTEREST
The Mayor asked for declarations of interest and none were received.
0803.5 ADDRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC
There were no addresses to Council by members of the public.
0803.6 MAYORAL MINUTE
0803.6.1
Container deposit system (A02/0181)
MOTION / UNANIMOUS DECISION (Strewe)
That Council:
1. Support the Local Government Association, Clean Up Australia Day and Total Environment Centre in the campaign for the introduction of a container deposit system in NSW and/or nationally.
2. Request the Mayor to write to the Prime Minister, Federal Minister for Environment, Heritage and Arts, the Premier of NSW and State Minister for Climate Change and Environment outlining Council’s strong support for container deposit legislation.
BACKGROUND
A cash refund scheme for drink bottles and cans – otherwise known as a container deposit system - would significantly increase recycling rates in NSW.
Research commissioned by Clean Up Australia found that a 10-cent refund for returning a used drink can or bottle would encourage more people to recycle their drink containers. They also found that 83% of people in NSW surveyed by Newspoll supported the introduction of a refund scheme for bottles and cans.
Much of the litter in Waverley and many other areas of Sydney are drink containers and it’s becoming an increasing environmental concern. A container deposit system would also help reduce large amounts of rubbish being dumped into landfill and reduce greenhouse gas emissions.
Opponents to a container deposit system claim it won’t work alongside our current kerbside pick up, but South Australia proves it can. It has been working well in that state for a number of years and has recently been introduced in Western Australia.
The Federal Minister for Environment, Heritage and Arts, the Hon Peter Garrett MP, is expected to discuss the possibility of a national scheme with the State and Territory Leaders next month.
I would like Council to support the Local Government Association and Clean Up Australia in its campaign for a container deposit system in NSW and/or nationally.
0803.6.2
Making Bondi Pavilion Plastic-Free (A02/0181)
MOTION / DECISION (Strewe)
That Council:
1. Investigate the implementation of a condition in event and function contracts prohibiting the use of disposable plastic/one-use plastic.
2. Investigate the implementation of a condition of consent on any new development applications prohibiting the use of disposable plastics/one-use plastic.
BACKGROUND
In the lead up to the festive season I went to many community events at the Bondi Pavilion and found that disposable plastic cups were still being used.
Plastic bottles and cups have an increasing environmental cost. Much of it ends up in landfill or in our environment as rubbish.
Polystyrene cups have been banned and glass is unacceptable because of safety concerns associated with smashed glass. Paper cups may be unacceptable for ‘classy’ events. So this issue is problematic. One option could be using reusable plastic ‘glasses’, as in some pubs, and washing and reusing them at each event.
I want Council to move as quickly as possible to minimise the use of one-use/disposable plastic at the Pavilion in cafes, restaurants and events.
0803.6.3
Noise Complaints in Waverley (A05/0806)
MOTION / DECISION (Strewe)
That Council:
1. Re-establish a noise abatement protocol with Police to address late night noise complaints in Waverley. This protocol should include:
(a). Police and Council exchanging information.
(b). A reporting mechanism from Police to Council's compliance section for the examination of potential illegal backpacker premises.
2. Review the reporting mechanism from the police to Council, particularly in relation to potential illegal backpacker premises.
3. Investigate the financial and management implications of appointing an additional Environmental and Health Officer dedicated to noise control.
4. Investigate potential state and federal funding of improved noise control, including possible pilot projects.
5. Request the Community Safety Advisory Committee to investigate ways of enforcing the Alcohol Free Zones in Bondi and Bondi Junction.
6. Request officers to investigate and report within 3 months or before summer 2008-09 on the best options to address noise control, particularly late at night and after midnight.
BACKGROUND
High levels of noise complaints are reported to Police in Waverley. Noise from parties, short term residents and visitors is a major issue for many of our residents. The connection between illegal backpacker premises and noise issues will be a focus of the project.
0803.7 OBITUARIES (A02/0017)
Thelma Shepherd
Alan Dargin
The Mayor will ask Councillors for the submission of Obituary Notices.
MOTION / DECISION (Clayton / Wakefield)
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.
0803.8 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.
0803.8.1
Palm trees on Campbell Parade (A06/0232-02)
Cr. Clayton asked the following question:
I notice that we have orange meshing in between our wonderful palm trees on Campbell Parade to stop people walking between the palms and on our new plantings but could the Director of Public Works & Services let me know when we are actually putting the fencing in that area, and I notice that one lot of fencing has disappeared completely, can you please explain what happened to that?
The Director, Public Works & Services replied:
We have analysed a number of the panels in the fences and they have been defected and sent back for painting. At the moment the design has cantilevered sections of panelling towards the palm trees and a number of those panels are also being processed in terms of paintwork so that is why the meshing is there. Once the fence is finally completed, then all of the mesh will be removed.
0803.8.2
Plantings in Blair Street (A05/0452)
Cr. Clayton asked the following question:
I know we have discussed this before about Blair Street and the plantings which look wonderful in Warners Avenue, but the residents now are starting to put big trees into Blair Street. Now if we were concerned about any water pipes underneath, there are a couple of big plantings under there and I know we are looking at putting trees in there which do not have a deep root system. Can I ask Council when we are going to plant these because gradually we are seeing these trees appear in Blair Street?
The Director, Recreation, Customer & Community Services replied:
Preliminary designs have been completed for the plantings and it is anticipated that we will actually start putting things into the ground in June.
0803.8.3
Green Links in Hunter Ward (A04/1975-04)
Cr. Kay asked the following question:
Hunter Ward is the only ward in Waverley that does not yet have a scheduled green link. As a Hunter Ward councillor I am always on the look out for an opportunity to share the green link funding into Hunter Ward with an allocation that has low risk of budget overrun and is not costly. Could Council officers review the 4m wide laneway in North Bondi, between Niblick and Brassie streets, crossing Gilgandra Road at the children’s playground and as far as Murriverie Road, and consider it for a green link in Hunter Ward?
The Mayor replied:
It’s a really good thought but it’s not a question, it’s a policy and you might like to move it as a Notice of Motion at the next Council meeting.
0803.8.4
Relocation of Seat in Murriverie Road (A03/0752)
Cr. Kay asked the following question:
Could Council consider whether to relocate the unused seat on the north side of Murriverie Road, North Bondi, between Old South Head Road and Shaw Street, to the north side of Blair Street, at Seven Ways, perhaps at the corner of Glenayr Avenue – where it would provide much needed rest and relaxation for the many elderly people who frequent the local shops?
The Mayor replied:
Yes, we can considered that.
0803.8.5
Installation of Traffic Lights at Bondi Road and Ocean Street (A03/0586)
Cr. Kay asked the following question:
At the last Council meeting I asked whether Council had a timeframe for the RTA to install new traffic lights at the intersection of Bondi Road and Ocean Street. We were informed that no timeframe was currently available but that Council would contact the RTA requesting a timeframe for the installation. Can we now be informed of this timeframe?
The Director, Corporate & Technical Services replied:
They are advising us that they will install by the end of this financial year.
0803.8.6
Overnight Parking (A04/0725)
Cr. Ridyard asked the following question:
Drawing on the angst that we all share and hear about beach problems, my question is to the Director with a view to more effective limits on overnight camping that the Director provide please a review of our policy regarding no overnight parking?
The Director, Planning & Environmental Services replied:
I’ll have to take that question on notice.
0803.8.7
Alcohol Advertisements on Bus Shelters (A02/0225)
Cr. Kanak asked the following question:
Given representations received about alcohol ads on J.C. Decaux bus shelters, especially near schools, is there any existing protocol under Council’s arrangement with J.C. Decaux to prevent bus shelter ads involving alcohol promotion near schools and if not, what process should such advertising protocol be developed?
The Director, Public Works & Services took the question on notice.
0803.8.8
Damage to Grass Verges (A04/0649)
Cr. Wakefield asked the following question:
In Bondi Park, opposite the Hall Street intersection, where the works are being done the grass verges have been severely damaged, are they going to be looked at or returfed?
The Director, Public Works & Services replied that there is actually a defect against the contractor so they have to come back and repair them.
0803.8.9
Access to Development Applications (A06/0748)
Cr. Wakefield asked the following question:
I understand from a resident that on attempting to access an amended development application at the service centre in Bondi Junction, while the current amended development application was there, the earlier development application files and plans were held in the Council Chambers here. In other words they found it difficult to access the whole kit they needed to understand the amendments. Is it true that only the current development applications are held in Spring Street and all the filed older ones are held here?
The Director, Planning & Environmental Services replied:
If it was amended plans it could well be that the original documentation is still at the Customer Service Centre but if it was a Section 96, the file would be back up here and the plans for the Section 96 would be at the Customer Service Centre, then that would be the normal course of events. If we found it necessary to have both down there we would arrange for the original plans to be forwarded to the Customer Service Centre, but its an area as you advised me of this question yesterday, its an area I’m looking at to see what improvements we can make given that we have a remote site and its not something that has been brought to my attention but if it is a problem, we’d like to rectify it.
0803.8.10
6 Hastings Parade, North Bondi – Public Housing (A04/1701)
Cr. Moscatt asked the following question:
Its been bought to my attention over the last couple of weeks about the public housing at 6 Hastings Parade that has not been utilised and I just want to know what the progress is?
The Director, Recreation, Customer & Community Services replied:
Council staff met with officers of the Department of Housing about three weeks ago on site at 6 Hastings Parade. An architect has been appointed by the Department of Housing. They have begun to do some preliminary design work and some investigations; they need to do some geo tech as the building is sitting on quite a lot of sand. They recruited some consultancies to undertake that work and the intention is to come back to Council in the not too distant future with a range of options for retaining the heritage façade of the building and redeveloping behind it anywhere between six and nine units.
0803.8.11
Hewlett Street Reserve (A03/0091-03)
Cr. Copeland asked the following question:
Is the Director, Recreation, Customer & Community Services aware of the rapid deterioration of Hewlett Street Reserve around the paths and environs. The issue seems to be in part caused by rain erosion and the rain has eroded the gravel path, seriously. Also might be caused by bicycle riders skidding down there, so I don’t think it’s a particularly good surface for that area, unfortunately. The other aspect to the environment of those paths is the gradient of the eastern side of the path where we have mulch. It is too steep for the mulch to be supported there and it drifts down onto the path so it probably should be terraced or something like that.
The Director, Recreation, Customer & Community Services replied:
Yes, we are aware of the slope of that land has created some problems. Its been a matter of doing a watching brief through a number of different weather patterns to see how it survived and we are looking at a small redesign to see if we can retain the gravel on one side and the mulch on the other and keep them where they are supposed to be. It will probably mean creating a bit of a lip between the pathway and the turf.
0803.9 REPORTS – PUBLIC BODIES
MOTION / DECISION (Moscatt / Clayton)
That Council receive and note the following Reports from Public Bodies:
1. Metropolitan Water Plan - 2007 Progress Report.
2. Hunter Councils 2007 Annual Report.
3. Waverley Woollahra SES Unit Annual Report 2007.
4. A New Direction for South Eastern Sydney Illawarra - Health Services Strategic Plan
Towards 2010.
5. North Bondi Surf Life Saving Club 2007 Annual Report.
0803.10 CONSIDERATION OF MOTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN:
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 quarterly report to Council about progress in achieving Council’s Motions will also highlight whether budget issues are involved.
0803.10.1
Electricity Privatisation (A03/1415)
MOTION / DECISION (Main / Copeland)
That:
1. Council opposes in the strongest terms the NSW government’s plans to privatise the state’s electricity industry.
2. Council believes that privatisation of the state’s energy industry will impact on local government by:
(a). Entrenching delivery of energy generated by coal fired power stations which are major greenhouse gas emitters, thereby adding to the local costs of managing the impacts of global warming such as storm damage, beach erosion and increased year round beach visitation.
(b). Potentially seeing energy supply breakdowns for its own operations and for the Waverley community as aging power stations fail.
(c). Undermining Council’s initiatives to work towards future carbon neutrality across the LGA.
3. Council urges the NSW state government to adopt renewable energy targets such as the recently adopted South Australian Feed-in Tariff model
4. The Mayor writes to the Premier, the Hon Morris Iemma, Treasurer Michael Costa, the NSW Local Government Association (LGA), Member for Coogee Paul Pearce, Member for Vaucluse, Peter Debnam, Federal Member for Wentworth Malcolm Turnbull and Unions NSW, to advise them of Council’s position
5. Council’s position is widely publicised throughout the LGA.
Division
For the Motion: Crs Clayton, Copeland, Kanak, Main, Moscatt, Newhouse, Sloan, Strewe and Wakefield.
Against the Motion: Crs Betts, Kay and Ridyard.
BACKGROUND
Privatisation of the electricity industry, including privatisation of the retailers and leasing of power generators, would undermine the community’s ability to reduce greenhouse gas emissions in response to climate change. It risks many thousands of jobs in the industry, and at the same time undermines the potential for new jobs in resource starved renewable energy technologies. It risks the NSW government’s own viability as it will lose a significant income stream from selling electricity. Profits will go out of the hands of NSW residents into private hands.
At this time when every possible measure should be taken to reduce greenhouse gas emissions, it is essential to keep energy supply and demand management in public hands. Energy is essential infrastructure on which the whole community depends – businesses, homes, and places of entertainment and recreation. Energy use may need to be reduced, and generated increasingly by using more greenhouse friendly gas, and renewables such as wind and sun. Privatising of the old, inefficient, coal fired power stations, rather than de-commissioning or re-tooling to fuel them with gas, is exactly the wrong direction for NSW.
0803.10.2
Noise Control Powers (A05/0806)
Council decided to incorporate this Notice of Motion into the Mayoral Minute during consideration of Item 0803.6.3 – Noise Complaints in Waverley.
The following Notice of Motion was submitted by Cr Kanak:
“That Council requests officers to investigate and report within 3 months or before summer 2008-09 on the best options to address noise control, particularly late at night and after midnight”.
BACKGROUND
Late night and overnight parties, and noisy revellers leaving hotels and clubs throughout the night, as well as other offensive noises, often lead to distress amongst residents working standard hours as well as shift workers who are trying to sleep, particularly when the noise is frequent or regular. The increase in decks, above ground terraces and other outdoor entertaining areas can also result in greater noise penetration to nearby residences.
If Police and Council work together, more effective enforcement and noise reduction strategies could be developed.
0803.10.3
Cancer Council Community Partner (A08/0400)
MOTION (Kay / Betts)
That:
1. Council investigates becoming a Cancer Council Community Partner.
2. The General Manager writes to The Cancer Council NSW requesting that we want to be considered as a Cancer Council Community Partner.
3. A brief report be prepared for Council review that assesses the proposed partnership and recommends whether to formalise the relationship.
AMENDMENT (Moscatt / Wakefield)
That the Motion be adopted subject to it reading as follows:
“That:
1. Council requests the General Manager to determine whether Council has the staff resources, given existing priorities, to form a health related partnership with an organisation such as Cancer Council.
2. The General Manager writes to the Cancer Council requesting information regarding becoming a Community Partner.
3. When resources have been ascertained whether the Cancer Council, the Heart Foundation or another organisation is the best natural match with our current direction and activities”.
THE AMENDMENT WAS PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR.
Division
For the Amendment: Crs Kanak, Main, Moscatt, Newhouse, Strewe and Wakefield.
Against the Amendment: Crs Betts, Clayton, Copeland, Kay, Ridyard and Sloan.
THE AMENDMENT NOW BECAME THE SUBSTANTIVE MOTION AND WAS PUT AND DECLARED CARRIED.
DECISION: That the Substantive Motion (Amendment) be adopted.
BACKGROUND
Cancer directly affects one in three people in the community – and everyone else will see and feel the impact in physical and emotional suffering, premature death and financial burden. Australians have identified it as their number one health concern (Roy Morgan poll).
While Local Government doesn’t have control over spending in hospitals or on Medicare, there are many ways to help reduce the impact of cancer on our community, and Councils are well placed to provide a real boost to the wellbeing of residents.
In fact, Waverley Council has already implemented smoke free environments within the sand areas of our three main beaches and within 10 metres of our Child Care Centres. There would be potential for Council to adopt smoke free policies in other areas and contexts within Waverley, like in our parks, playing fields and sporting grounds, and within 10 metres of a children’s playground.
There are many places that Council could adopt as smoke free, but this would require:
· Resources for research and understanding so that proposed policies can be considered properly, and
· Education resources in order that policies are implemented effectively and with community acceptance.
It appears that the Cancer Council can provide many of these resources free of charge.
The Cancer Council NSW has been working with Local Government across NSW on an informal basis for a long time through a range of activities, including Relay For Life, Smoke-free playgrounds, advice on sun-safety for workers, and the provision of free cancer information through local libraries.
The Cancer Council NSW would like NSW councils to enter into a formal community partnership with them. This involves Council affirming its commitment to reduce the impact of cancer in the local community by, as appropriate and in agreement with the Cancer Council NSW:
· Learning about and adopting new policies that will lead to a reduction in the incidence of cancer
· Supporting Cancer Council advocacy campaigns that benefit our residents
· Using Council communication channels, venues, staff and networks to disseminate Cancer Council health promotion and patient support materials, and
· Any other initiatives.
If Council becomes a Community Partner, The Cancer Council NSW could provide materials, draft policies, and a suggested range of activities, like workshops for outdoor workers, free of charge. Each year, new programs will be developed to help educate and support councils, their residents and their staff. In the coming year these will include the provision of cancer information and support centres in local libraries, advice on shade provision in childcare centres and skin cancer prevention materials for older residents.
The Cancer Council NSW will also provide free health-related copy for use in Council columns in newspapers and in Council newsletters.
Council would be required to nominate one senior staff Relationship Manager (and an alternate) for liaison with the Cancer Council. These people will receive all correspondence from The Cancer Council NSW regarding the Partnership, and will facilitate future contact with appropriate Council staff as needed.
The Cancer Council NSW will provide information updates on a six-monthly basis to Council’s Relationship Manager. Council will then be able to decide the programs in which to participate.
In New South Wales over 85 local councils are currently in formal partnership with The Cancer Council NSW to ensure the better delivery of resources and services with the aim of increasing the health, and reducing the prevalence of cancer, for local communities. It is now time that Waverley Council considered whether to become a community partner.
0803.10.4
Solariums (A08/0400)
MOTION (Clayton / Strewe)
That:
1. Council seeks advice on whether the health warnings, time limits and regulation for solarium use are adequate.
2. If the health warnings, time limits and regulation for solarium use are not adequate Council requests the State Government more strictly regulates the use of the solariums especially considering the potential negative health impacts for teenagers.
3. Council officers investigate whether there is some local action that can be taken by Council to warn of these impacts.
AMENDMENT (Kay / Ridyard)
That the Motion be adopted subject to any actions taken in this motion be deferred until Council assesses whether to become a Cancer Council Community Partner or a partner with another health related organisation.
THE AMENDMENT WAS PUT AND DECLARED LOST
THE MOTION WAS THEN PUT AND DECLARED CARRIED
DECISION: That the Motion be adopted.
BACKGROUND
A recent study by the International Agency for Research on Cancer concluded that using solariums regularly before the age of 35 boosted the risk of melanoma by 75%. Because of the voluntary guidelines in place, there is not stringent enough compliance enforcement in place to combat inexperienced operators over exposing clients to excessive ultraviolet rays.
Therefore as the industry only has guidelines in place at this stage there is imminent danger of teenagers and those with very fair skin to sustain irreversible damage to their skin, with the possibility of increased ultraviolet radiation exposure (see notes below relating to the action by the Victorian Minister for Health and an extract from the Sunsmart website relating to the Australian Standard for solariums).
Extract from Sunsmart Website - www.sunsmart.com.au
“New regulations for solarium operators
In accordance with the announcement made earlier this year by Victorian Minister for Health, the Hon Daniel Andrews MP, under the Radiation Act 2005, there will be new regulations passed by the end of 2007”.
Information About The Australian Standard For Solariums
The current Australian Standard for the solarium industry (AS 2635) is based on evidence and has been established to protect consumers. The Standard outlines to operators that they must:
· Provide a consent form for customers to read and sign – outlining the risks of solarium use.
· Complete a skin assessment of all customers.
· Have a signed parental consent form for all customers under 18 years of age.
· Ban people from using a solarium who are under the age of 15 years.
· Ban people with very fair skin from using the solarium.