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Minutes of the Waverley Council Meeting held on Tuesday, 17 June 2008
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PRESENT
Councillor Strewe (Mayor) (Chair)
Councillors Betts, Clayton, Copeland, Kanak,
Newhouse, Ridyard, Sloan and Wakefield.
At the commencement of proceedings at 7.05pm those present were as listed above with the exception of Cr Wakefield who arrived at 7.15pm and Cr Newhouse who arrived at 7.25pm.
0806.1 OPENING PRAYER
At the request of the Mayor the General Manager read the Opening Prayer and Acknowledgment of Indigenous Heritage.
0806.2 CONFIRMATION OF MINUTES
0806.2.1
MOTION / DECISION (Betts / Clayton)
That the Minutes of the Council Meeting of 20 May 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.
0806.2.2
Council (Extraordinary) Meeting – 10 June 2008
MOTION / DECISION (Betts / Sloan)
That the Minutes of the Council (Extraordinary) Meeting of 10 June 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.
0806.3 APOLOGIES
Apologies were received and accepted from Crs Kay, Main and Moscatt. Late apologies were received from Crs Newhouse and Wakefield.
0806.4 DECLARATIONS OF INTEREST
The Mayor asked for declarations of interest and none were received.
0806.5 ADDRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC
There were no addresses to Council by members of the public.
0806.6 MAYORAL MINUTE
0806.6.1
General Manager (A08/0509)
MOTION / UNANIMOUS DECISION (Strewe / Betts)
That Council:
1. Thanks Kim Anson for her commitment and hard work to Council as General Manager for the past seven years.
2. Congratulates Tony Reed on his appointment as Council’s General Manager from Saturday 21 June 2008.
BACKGROUND
It is with mixed feelings that I move tonight’s Mayoral Minute. We are saying goodbye to one friend and welcoming an old one to a new role.
We are saying farewell to Kim Anson, who has spent 17 out of the past 19 years working at Council.
By way of background, Kim started with us as the Head of Community Services in 1989. She subsequently held positions as Deputy General Manager, Director of Corporate and Technical Services, and Director of Library and Community Services before being appointed General Manager in March 2001.
In that time, Kim and her team have achieved a lot and this is the perfect opportunity to thank her for her hard work, commitment, good judgement and passion for our community.
There’s no question Kim has a lot of respect from the Councillors and staff, but she is also held in high regard by our community and others throughout local government. She has done an excellent job whilst here at Waverley, she has left this Council in very good shape, and I’m sure you will join me in wishing her the best at Marrickville Council.
There was a high calibre, strong field of candidates wishing to take her place. I have to say, I was delighted and relieved to find that we had a good range of applicants to choose from. It was close - but the decision from Cr Dominic Wy Kanak, Cr Sally Betts, myself and subsequently Council was unanimous. Our current Director of Public Works and Services, Mr Tony Reed, turned out to be the right person for the job.
He was a solid candidate with excellent credentials, work ethic and experience. So, we welcome Tony and look forward to working with him and his team into the future.
0806.6.2
Commemorating OH&S workplace fatalities in Waverley (A02/0276)
MOTION / DECISION (Strewe)
That Council endorses the placing of a commemorative plaque in remembrance of workers killed in the workplace, at a suitable location in the Waverley LGA.
BACKGROUND
The Construction, Forestry, Mining and Energy Union has written to me, seeking Council's involvement in an initiative to remember workers who have lost their lives in the workplace.
The Australian trade union movement is campaigning to raise not just workplace but also community awareness about the importance of safety in the workplace. A major memorial sculpture in remembrance of workers killed has now been built in Little Pier Park in Sydney's CBD. The union is now seeking that remembrance plaques be placed in prominent locations in municipal areas.
A number of other councils, including SSROC members, have already supported this initiative and placed plaques in their areas. This includes Burwood Council, City of Canada Bay, Leichhardt Council, Rockdale City Council, Parramatta City Council and Shellharbour City Council.
Initial discussions held with senior Council Officers indicate that a suitable location within Waverley Cemetery would be an appropriate spot. Investigating possible options for an exact placement is continuing.
I believe this is one appropriate way for Council to show its commitment to increasing the community's awareness of the importance of workplace safety.
0806.7 OBITUARIES (A02/0017)
Council rose for a minute silence for the souls of people generally who have died in our Local Government Area.
0806.8 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.
0806.8.1
Officer responsible for Public & Works & Services Department (A08/0509)
Cr. Wakefield asked the following question:
Is the new General Manager, Mr Reed, to continue to function as the person responsible for Public Works & Services?
The Director, Public Works & Services replied:
The position will be advertised in the next couple of weeks to the market. The Divisional Managers of Public Works & Services will rotate as Acting Director, Public Works & Services until the recruitment is completed and the successful candidate identified. I will take over the role of General Manager on Saturday but I will start at the depot each day whilst the change over is happening.
0806.8.2
Garbage collection (A07/0577)
Cr. Wakefield asked the Director, Public Works & Services the following question:
I believe there is some confusion about the garbage collection process due to an administrative problem. I think I must live on the border of two collection areas because I have been issued with two different calendars with two different sets of dates, all supposedly appropriate for my street, none of which are right. Is there a calendar which actually reflects what is happening in my street?
The Mayor replied that she would find Cr. Wakefield a calendar.
0806.8.3
Benevolent Society development (DA268/2008)
Cr. Ridyard asked the following question:
Could the Director, Planning & Environmental Services please arrange a public meeting as soon as practicable regarding the Benevolent Society development as soon as the appropriate officers have had the opportunity to go through things a little more?
The Mayor replied:
I have already asked the Divisional Manager, Development Assessment to organise that when they have done a bit more of an assessment on the DA that has been submitted to Council.
The Acting Director, Planning & Environmental Services also said:
As I understand it the consultation process that we are looking at undertaking for the Benevolent Society is going to involve invitations. It’s not going to be a public meeting but
there will be invitations sent out to key residents and people who are representing various stakeholders so that we can explain exactly what is being proposed. It’s not about trying to make any decisions in terms of determination but explaining the process and explaining what has been submitted to Council from the Benevolent Society. I have not got a date for the meeting yet but I know its going to be arranged as part of the consultation process.
Cr. Ridyard also asked:
I realise that you have not got a date but have you got any idea of the timeframe at all so I can feed it back to the Precinct?
The Mayor replied:
We’ll let you know as soon as we have that.
0806.8.4
Volleyball at Tamarama Beach (A02/0208)
Cr. Ridyard asked the following question:
I understand there are limits placed on volleyball at Tamarama Beach, limits placed on the game, its meant to be fundamentally non-professional and a purely amateur non-financial interest. Nonetheless there have been several complaints from the Precinct and I wonder if there can be an investigation please of compliance with Council limits that exist down at Tamarama.
The Mayor replied:
This has been brought up before and we are not sure if they were amateur or professional but we will take the question on notice and report back to the Precinct.
0806.8.5
Mobile Advertising DCP (A04/0734)
Cr. Wakefield asked the following question:
Do we have a DCP in regard to mobile advertising?
The Acting Director, Planning & Environmental Services replied:
There is no provision in the Development Control Plan for mobile advertising but there is a provision I understand in the Local Government Act regarding mobile advertising. I don’t know the details though, however, I’m happy to look that up and get back to you.
0806.8.6
Advertising Posters (A04/0645)
Cr. Clayton asked the following question:
I’m a little disturbed about bill posters. They’ve moved on from sticking them up on poles with tape to using a glue. Can we write to the Beach Road Hotel because they are sticking them on public utilities and defacing them. I also notice that the old butcher shop in Hall Street has stuck posters all over their windows. I think something needs to be done because the Hotel’s posters are all over the municipality and they look disgraceful and we cannot get them off because they are glued on.
The Director, Public Works & Services took the question on notice.
0806.8.7
Urgent Business request (A08/0075)
Cr. Copeland asked the following question:
Are Councillors aware that my request for urgent business by email for this meeting has been passed to the Environmental Services Section to produce a report so that it can come back to the Finance, Ethics & Strategic Planning Committee meeting?
The Mayor replied:
We thought it best that Cr. Copeland’s urgent business item be referred to the Finance, Ethics & Strategic Planning Committee meeting for discussion.
0806.9 REPORTS – PUBLIC BODIES
MOTION / DECISION (Clayton / Wakefield)
That Council receive and note the following Reports from Public Bodies:
1. Law Society Journal – May 2008
2. Cumberland Industries Limited – Annual Report 2007
3. AMAC: 26th Annual Conference Adelaide, South Australia – July 2008
4. ANTaR New South Wales Newsletter – May 2008
5. Local Agenda – May 2008
0806.10 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.
0806.10.1
Solar Water Heating (A02/0131)
MOTION / DECISION (Clayton / Strewe)
That:
1. Council determine what proportion of buildings and dwellings have solar water heating and photovoltaic panels in the Waverley Municipality and actively promote the installation of both.
2. The Mayor write to the Prime Minister about subsidies and suggest that the Federal Government pay for the whole of the installation of solar panels for those families earning under hundred thousand dollars.
BACKGROUND
Our Council should investigate ways of promoting installation of Solar Hot Water heating throughout our Local Government area. Solar Hot Water will not only help the environment by reducing CO2 emissions, it can also reduce your hot water heating costs by up to 80% and reduces greenhouse gas emissions.
Solar Hot Water is now more affordable with the Federal and State Governments offering incentives. The Federal Government has introduced Renewable Energy Certificates for new and approved installations of Solar Water Heating.
Greenhouse effect is the most pressing ecological problem facing our planet. It's an issue that is particularly close to home here in Australia and one of the most effective ways to reduce household greenhouse gas emissions is to minimise the consumption of fossil fuel generated energy. A clean, green energy source, solar is the perfect alternative.
The average home using an electric hot water heater produces just under seven tonnes of greenhouse gas each year. The Australian climate is ideally suited to solar efficient appliances and the environment for our children and grandchildren should be a priority for us all to embrace for the future.
0806.11 COMMITTEE REPORTS
0806.11.1
Sustainability Committee – 21 May 2008
DECISION / MOTION (Wakefield / Newhouse):
That the Minutes of the Sustainability Committee Meeting of 21 May 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 and that the recommendations contained in Clauses SUS-0805.1 to SUS-0805.8.2 be adopted.
0806.11.2
Waverley Traffic Committee Meeting – 22 May 2008
MOTION / DECISION (Wakefield / Kanak))
That Part 1 of the Minutes of the Waverley Traffic Committee Meeting of 22 May 2008; a copy of which was distributed to each Councillor, be received and noted and that the recommendations contained in Clauses WTC-0805.C1 to WTC-0805.C4 and WTC-0805.V1 be adopted.
0806.11.3
Development Control Committee – 27 May 2008
MOTION / DECISION (Wakefield / Copeland)
That the Minutes of the Development Control Committee Meeting of 27 May 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 and that the decisions contained in Clauses D-0805.1 to D-0805.21.1 be received and noted.
0806.11.4
Finance, Ethics & Strategic Planning Committee – 3 June 2008
MOTION / DECISION (Wakefield / Kanak)
That the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting of 3 June 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 and that the decisions contained in Clauses F-0806.1 to F-0806.4 be received and noted and that the recommendations contained in Clauses F-0806.5 to F-0806.9 be adopted.
0806.11.5
Community, Housing, Environmental Services & Public Works Committee – 3 June 2008
MOTION / DECISION (Wakefield / Clayton)
That the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting of 3 June 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 and that the decisions contained in Clauses C-0806.2 to C-0806.4 be adopted.
0806.12_____ ADDITIONAL MATTERS FOR CONSIDERATION BY COUNCIL
0806.12.1
Management Plan 2008 – 2012 (A07/1640)
Report dated 6 June 2008 from the General Manager about Council’s 2008/2012 Management Plan. The report outlines requirements for the Plan, submissions received in relation to the draft Plan and amendments/changes to the draft Plan.
A copy of the Management Plan was distributed separately with the agenda.
MOTION / DECISION (Wakefield / Betts)
That Council:
1. Receive and note the comments made in relation to the draft Management Plan.
2. Endorse the amendments to the draft Management Plan and adopt the 2008/2012 Management Plan, which has been circulated with this report.
3. Adopt the primary domestic waste charge of $339.00 for the financial year 2008/2009 in accordance with Section 496 of the Local Government Act.
4. Adopt the rating strategy outlined in the Management Plan, namely:
(a). That an ordinary rate of zero point one three nine zero (0.1390) cents in the dollar subject to a minimum rate in accordance with Section 548 of the Act, of three hundred and sixty seven dollars and twelve cents ($367.12) per assessment on all rateable land categorised Residential in accordance with Section 516 of the Act and sub categorised Ordinary in accordance with Section 529 (2)(b) of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
(b). That an ordinary rate of zero point one three nine zero (0.1390) cents in the dollar subject to a minimum rate in accordance with Section 548 of the Act, of three hundred and sixty seven dollars and twelve cents ($367.12) per assessment on all rateable land categorised Residential in accordance with Section 516 of the Act and sub categorised Bondi Junction in accordance with Section 529 (2)(b) of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
(c). That an ordinary rate of zero point one three nine zero(0.1390) cents in the dollar subject to a minimum rate in accordance with Section 548 of the Act, of three hundred and sixty seven dollars and twelve cents ($367.12) per assessment on all rateable land categorised Residential in accordance with Section 516 of the Act and sub categorised Boarding House in accordance with Section 529 (2)(d) of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
(d). That an ordinary rate of zero point six zero zero zero (0. 6000) cents in the dollar on all rateable land categorised Business in accordance with Section 518 of the Act and sub categorised Ordinary in accordance with Section 529 (2)(d) of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
(e). That an ordinary rate of zero point nine seven five zero (0.9750) cents in the dollar on all rateable land categorised Business in accordance with Section 518 of the Act and sub categorised Bondi Junction in accordance with Section 529 (2)(d) of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
(f). That a Special Environmental rate of zero point zero zero six three five zero (0.006350) cents in the dollar subject to a minimum rate in accordance with Section 548 of the Act, of fifteen dollars ($15.00) per assessment on all rateable land categorised Residential in accordance with Section 516 of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
(g). That a Special Environmental rate of zero point zero zero six three five zero (0.006350) cents in the dollar subject to a minimum rate in accordance with Section 548 of the Act, of fifteen dollars ($15.00) per assessment on all rateable land categorised Business in accordance with Section 518 of the Act be now made for the period 1 July, 2008 to 30 June, 2009.
0806.12.2
Adoption of Budget 2008/12 (A03/2236)
Report dated 6 June 2008 from the Director, Corporate & Technical Services proposing adoption of the 2008/12 budget.
MOTION / DECISION (Wakefield / Strewe)
That Council:
1. Receive and note this report.
2. Adopt the estimates of income and expenditure for 2008/09 and note the forecast estimates of income and expenditure for 2009/10, 2010/11 and 2011/12.
3. With regard to the Capital Works Program:
(a). Adopt the projects and estimates of expenditure for projects for the 2008/09 year as detailed in Section 3.2 and Attachment 2 of this report,
(b). Note the projects and forecast estimates of expenditure for projects for 2009/10, 2010/11 and 2011/12 as detailed in Section 3.2 and Attachment 2 of this report, and
(c). Note the reservation of funds for various projects as detailed in Section 3.2 and Attachment 2 of this report, in all years.
0806.13 GENERAL MANAGER’S REPORT
0806.13.1
Citizenship Ceremony (A02/0012-03)
Councillors were advised that a Citizenship Ceremony will be conducted on:
THURSDAY, 26 JUNE 2008 AT 7.00PM
Councillors wishing to attend are requested to contact Mrs Christine Paris on 9369 8103.
MOTION / DECISION (Wakefield / Clayton)
That this information be received and noted.
0806.13.2
Delegations for New General Manager (A03/0013)
Report dated 9 June 2008 from the General Manager about the transfer of delegations to the new General Manager.
MOTION / DECISION (Clayton / Wakefield)
That Council pursuant to Section 377 of the Local Government Act 1993:
1. Revokes all delegations of functions made by Council to KIM ANSON, the current General Manager, effective from 21 June 2008.
2. Subject to the limitations set out in the Instrument of Delegation attached to this report as Attachment 1, delegates to ANTHONY REED, the new General Manager of the Council, or to the person acting in the position of General Manager during the period of any absence from duty of ANTHONY REED, all the powers and functions of the Council that it may under any Act of Parliament lawfully delegate, other than the functions prescribed in Section 377(1) of the Local Government Act 1993 which may not be delegated, effective from 21 June 2008.
0806.13.3
Improving the planning and delivery of Council’s Capital Works projects (A07/1529)
Report dated 28 May 2008 from the General Manager about the establishment of the Capital Works Budget Review Committee and the progress with the Capital Works Improvement Project.
MOTION / DECISION (Copeland / Wakefield)
That:
1. This report be received and noted.
2. The Capital Works Budget Review Committee Terms of Reference be endorsed.
3. The progress achieved in the Capital Works Improvement Project be noted.
0806.13.4
Local Government Association Conference 2008 and election of Executive Committee (A06/1822)
Report dated 21 May 2008 from the General Manager about delegates and motions for the Local Government Association of New South Wales 2008 Annual Conference at Broken Hill.
MOTION / DECISION (Strewe / Clayton)
That:
1. The information be received and noted.
2. Council nominates four (4) delegates and one observer to attend the 2008 Local Government Association Conference, notes that one officer will attend and agrees to send those delegates, observer and officer to the Conference, from Saturday, 25 October to Wednesday, 29 October 2008.
3. Council selects it delegates at the Mayoral election meeting on Tuesday, 30 September 2008.
4. Council submit any proposed motions for the conference to the General Manager by Friday, 4 July 2008 for consideration at the July Council meeting.
0806.13.5
Australian Mayoral Aviation Council (AMAC) - AGM / Conference (A03/1639)
We have received advice of the AMAC AGM/Conference to be held in Adelaide 2-4 July 2008, with registrations closing on 16 June 2008.
The primary objective of AMAC is to ensure that all reasonable measures are taken by relevant authorities to minimise any negative impact of aircraft and airport operations on local communities. AMAC has proven to be effective in its lobbying and negotiations and to date any moves that would increase noise impact on the Waverley community have been largely averted. It is in the interest of our community to continue to actively participate in AMAC and in view of this the Mayor and General Manager have agreed to send a delegate to the 2008 conference.
Councillor George Newhouse has been registered as Waverley Council’s delegate to the Conference.
MOTION / DECISION (Wakefield / Copeland)
That:
1. This information be received and noted.
2. Councillor Newhouse bring to the attention of the conference, and request its action in regard to, the following matter:
(a). Investigate why the management of Kingsford Smith Airport has abandoned the Long Term Operating Plan (LTOP) in the terms that it was approved, particularly in regard to the operation of Mode 9 and an increase in flights over the eastern suburbs. The investigation include details of the flight paths, number and times of flights that affect Waverley, and a report be provided to Council on the findings and actions to be implemented to reduce noise transference.
0806.14 PETITIONS
There were no petitions received.
0806.15 URGENT BUSINESS
There were no items of urgent business.
0806.16 MATTERS TO BE DEALT WITH IN CLOSED SESSION
Note from the General Manager: It is my opinion that any 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 proposed to be dealt with in closed session listed on the agenda.
0806.17 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 the close of a meeting will stay action to implement Council's decision until the rescission mo