COUNCIL MEETING BUSINESS PAPER...Council Meeting 21 July 2015 Confirmation of Minutes CM/4.1/15.07...

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COUNCIL MEETING BUSINESS PAPER 6.30 PM, TUESDAY, 21 JULY 2015 Athanasios (Arthur) Kyron General Manager Waverley Council PO Box 9 Bondi Junction NSW 1355 DX 12006 Bondi Junction Tel. 9369 8000 E-mail: [email protected]

Transcript of COUNCIL MEETING BUSINESS PAPER...Council Meeting 21 July 2015 Confirmation of Minutes CM/4.1/15.07...

Page 1: COUNCIL MEETING BUSINESS PAPER...Council Meeting 21 July 2015 Confirmation of Minutes CM/4.1/15.07 Subject: Extraordinary Council Meeting Minutes – 10 June 2015 Trim File No. : A08/1053

COUNCIL MEETING

BUSINESS PAPER

6.30 PM, TUESDAY, 21 JULY 2015

Athanasios (Arthur) Kyron General Manager

Waverley Council PO Box 9

Bondi Junction NSW 1355 DX 12006 Bondi Junction

Tel. 9369 8000 E-mail: [email protected]

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Council Agenda 21 July 2015

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AGENDA

COUNCIL MEETING A meeting of COUNCIL will be held at Waverley Council Chambers, Bondi Road, Bondi Junction at:

6.30 pm, Tuesday, 21 July 2015

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Council Agenda 21 July 2015

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PRAYER AND ACKNOWLEDGEMENT OF INDIGENOUS HERITAGE

The Mayor will read the following Opening Prayer and Acknowledgement of Indigenous Heritage: God, we pray for wisdom to govern with justice and equity. That we may see clearly and speak the truth and that we work together in harmony and mutual respect. May our actions demonstrate courage and leadership so that in all our works thy will be done. Amen. Waverley Council respectfully acknowledges our Indigenous heritage and recognises the ongoing Aboriginal traditional custodianship of the land which forms our Local Government Area. 1. Apologies/Leaves of Absence 2. Declarations of Pecuniary and Non-Pecuniary Interests 3. Addresses to Council by Members of the Public 4. Confirmation and Adoption of Minutes

CM/4.1/15.07 Extraordinary Council Meeting – 10 June 2015 ................................................. 6 CM/4.2/15.07 Extraordinary Council Meeting – 14/28 June 2015 .........................................16 CM/4.3/15.07 Council Meeting – 16 June 2015 ......................................................................23

CM/4.4/15.07 Waverley Traffic Committee Meeting – 25 June 2015 ....................................46

5. Mayoral Minutes .........................................................................................................................69 6. Obituaries ....................................................................................................................................70 7. Reports

CM/7.1/15.07 Amendments to Operational Plan 2015/16 and Pricing Policy, Fees & Charges 2015/16 ............................................................................................. 71

CM/7.2/15.07 Councillors’ Fees – Local Government Remuneration Tribunal

Determination for 2015–16 ............................................................................ 79

CM/7.3/15.07 Investment Portfolio Report – May 2015 ..................................................... 101

CM/7.4/15.07 Bronte House – Draft Plan of Management ................................................. 117

CM/7.5/15.07 Petition – Objecting to Development Application at 11–17 Bon Accord Avenue/2 Kenilworth Street, Bondi Junction (Central Synagogue) .............. 122

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Council Agenda 21 July 2015

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CM/7.6/15.07 Petition – Hall Street Parklet ........................................................................ 124 8. Notices of Motion

CM/8.1/15.07 Planning Proposal – 105 Wellington Street, Bondi Beach .............................126

9. Urgent Business .......................................................................................................................127 10. Closed Session ..........................................................................................................................128 The following matters are proposed to be dealt with in Closed Session and have been distributed to Councillors separately with the Agenda: CM/10.1/15.07 CONFIDENTIAL REPORT – Supply of Multi-Function Poles – Evaluation of

Tenders This matter is considered to be confidential under section 10A(2)(c) of the

Local Government Act. CM/10.2/15.07 CONFIDENTIAL REPORT – QED Tunnels – Reconstruction of Tunnel 3 and

Filling of Tunnel 4 This matter is considered to be confidential under section 10A(2)(c) of the

Local Government Act. CM/10.3/15.07 CONFIDENTIAL REPORT – Brisbane Street Square Streetscape Upgrade –

Evaluation of Tenders This matter is considered to be confidential under section 10A(2)(c) of the

Local Government Act. CM/10.4/15.07 CONFIDENTIAL REPORT – Supply and Lay of Asphalt and Associated Services –

Evaluation of Tenders This matter is considered to be confidential under section 10A(2)(c) of the

Local Government Act. CM/10.5/15.07 CONFIDENTIAL REPORT – Reclassification of Drainage Reserve – 2-4-6-8

Dickson Street, Bronte This matter is considered to be confidential under section 10A(2)(c) of the

Local Government Act. CM/10.6/15.07 CONFIDENTIAL REPORT – Easement – 252-254 Bronte Road, Waverley This matter is considered to be confidential under section 10A(2)(c) of the

Local Government Act.

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Council Agenda 21 July 2015

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11. Resuming in Open Session .......................................................................................................131 12. Meeting Closure .......................................................................................................................132

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Council Meeting 21 July 2015

Confirmation of Minutes CM/4.1/15.07 Subject: Extraordinary Council Meeting Minutes –

10 June 2015

Trim File No.: A08/1053

Author: Richard Coelho, Governance Officer Director: Arthur Kyron, General Manager Recommendation: That the minutes of the Extraordinary Council Meeting held on 10 June 2015 be received and noted, and that such minutes be confirmed as a true record of the proceedings of that meeting. 1. Executive Summary An Extraordinary Council Meeting was held on 10 June 2015 to determine Council’s response to Fit for the Future. The minutes of this meeting are submitted to Council for confirmation in accordance with section 375 of the Local Government Act 1993 (NSW), which provides that Council must ensure that full and accurate minutes are kept of the proceedings of its meetings and be confirmed at a subsequent meeting. 2. Introduction/Background In accordance with section 17.2(4) of Council’s Code of Meeting Practice, the minutes of the Extraordinary Council Meeting held on 10 June 2015 have been issued subject to confirmation at a subsequent meeting. 2.1 Relevant Council Resolutions There are no previous relevant Council resolutions on this matter. 3. Discussion An Extraordinary Council Meeting was held on 10 June 2015 to determine Council’s response to Fit for the Future. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G1 – Inspiring community leadership is achieved through decision-making

processes that are open, transparent, corruption-resistant and based on sound integrated planning.

Strategy: G1a – Develop and maintain a framework of plans and policies that ensures open and transparent operations that facilitate equitable benefit sharing and progress towards sustainability.

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Council Meeting 21 July 2015

Deliverable: Regular reporting to Council on progress with implementation of integrated corporate plans.

5. Financial impact statement/Timeframe/Consultation Financial impact statements, timeframes and consultation are detailed within the individual reports attached to the agenda and where amended by the minutes. 6. Conclusion Council is required to confirm the minutes of the Extraordinary Council Meeting held on 10 June 2015. 7. Attachments

1. Extraordinary Council Meeting Minutes – 10 June 2015.

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MINUTES OF THE EXTRAORDINARY COUNCIL MEETING OF WAVERLEY COUNCIL HELD AT WAVERLEY COUNCIL CHAMBERS

ON WEDNESDAY, 10 JUNE 2015 Present: Councillor Sally Betts (Mayor) (Chair) Hunter Ward Councillor Joy Clayton Bondi Ward Councillor Dominic Wy Kanak Bondi Ward Councillor John Wakefield Bondi Ward

Councillor Leon Goltsman Hunter Ward Councillor Miriam Guttman-Jones Hunter Ward

Councillor Angela Burrill Lawson Ward Councillor Andrew Cusack Lawson Ward Councillor Paula Masselos Lawson Ward Councillor Tony Kay (Deputy Mayor) Waverley Ward Councillor Ingrid Strewe Waverley Ward Staff in attendance: Cathy Henderson Acting General Manager, Waverley Corporate Linda Bathur Acting Director, Waverley Life Peter Monks Director, Waverley Futures Mark Wood Director, Waverley Renewal Peter Brown Acting Executive Manager, Performance Waverley Jane Worthy Internal Ombudsman, Waverley Corporate At the commencement of proceedings at 6.30 pm, those present were as listed above, with the exception of Cr Wakefield, who arrived at 6.32 pm.

Attachment 1

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Minutes of Extraordinary Council Meeting 10 June 2015

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Opening Prayer and Acknowledgement of Local Indigenous Heritage The Mayor read the following Opening Prayer and Acknowledgement of Indigenous Heritage:

God, we pray for wisdom to govern with justice and equity. That we may see clearly and speak the truth and that we work together in harmony and mutual respect. May our actions demonstrate courage and leadership so that in all our works thy will be done. Amen. Waverley Council respectfully acknowledges our Indigenous heritage and recognises the ongoing Aboriginal traditional custodianship of the land which forms our Local Government Area. 1. Apologies / Leave of Absence An apology was received and accepted from Cr Mouroukas. 2. Declarations of Pecuniary and Non-Pecuniary Interests The Chair called for declarations of interest and none were received. 3. Addresses to Council by Members of the Public 1. N Grieve – CM/4.1/15.06E – Fit for the Future.

2. M McAdam (on behalf of the Mill Hill Bondi Junction Precinct) – CM/4.1/15.06E – Fit for the

Future.

3. L Joslyn – CM/4.1/15.06E – Fit for the Future.

4. M Main – CM/4.1/15.06E – Fit for the Future.

5. Dr K Spooner – CM/4.1/15.06E – Fit for the Future.

6. T Allerton – CM/4.1/15.06E – Fit for the Future.

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Minutes of Extraordinary Council Meeting 10 June 2015

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4. Reports CM/4.1/15.06E Fit for the Future (A12/0619) MOTION Mover: Cr Betts Seconder: Cr Kay 1. That Council informs the State Government that Waverley Council’s preference is for the

status quo. However, Council notes:

A) The excellent progress toward achieving the Fit for the Future performance measures having moved from being ‘unsustainable into the future’ in 2007 to a much more sustainable footing currently, such that by financial year 2020 Waverley will achieve six of the seven benchmarks.

B) That this sound progress, reinforced by the NSW Treasury Corporation’s independent assessment of Waverley as having a positive financial sustainability outlook, is a result of focused planning, good management and political leadership over recent years in liaison with the Waverley community.

C) The broad range of external awards that have been presented to Waverley Council as independent recognition of the Council’s good performance across a range of areas including innovative planning, high quality and diverse community services, outstanding environmental leadership, excellent recreational facilities and strategic asset management.

D) Waverley’s demonstrated capability in partnering with the State Government and our high media presence to preserve and enhance Sydney’s global image as we preserve and enhance our iconic beaches and tourist venues.

E) That the option of Joint Organisations is not a current option in Metropolitan Sydney.

F) The resolution of Council of 14 October 2014 that ‘Council does not support amalgamation with any other council unless it can be demonstrated that there are sufficient benefits of a preferred amalgamation to Waverley, and this is supported by the Waverley community’.

G) That the community engagement undertaken has demonstrated that:

i. the Status Quo option, that is Waverley Council as a stand-alone entity, was the most preferred first preference option of the community across all consultation mediums, with between 35.4% and 38.7% support, and that

ii. between 59.8% and 63.6% of the community’s first preferences are for some form

of merger most frequently with Randwick and/or Woollahra.

H) The community’s most preferred merger option that would meet the Fit for the Future scale and capacity requirements is a Waverley/Woollahra/Randwick amalgamation, then a Waverley/Randwick amalgamation.

I) The Greater Sydney option, as the NSW Government’s default option for Waverley Council, is not preferred by the community and is not shown by independent analysis to be of most benefit to Waverley when compared to other options.

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Minutes of Extraordinary Council Meeting 10 June 2015

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J) The community clearly articulated that an amalgamation with Botany Bay/Randwick/Woollahra and the City of Sydney was the least preferable of all options.

K) That based on the Fit for the Future criteria and the assessment methodology detailed by the Independent Pricing and Regulatory Tribunal, Waverley Council standing alone, whilst Council’s underlying preference, cannot meet the threshold requirement to demonstrate ‘as good as or better’ scale and capacity to the Independent Local Government Review Panel’s preferred merger (the Greater Sydney option of five councils consisting of City of Sydney, Woollahra, Waverley, Randwick and Botany Bay combined). This is articulated in the comparison of just three elements of strategic capacity listed in Box 8 of the ILGRP report, being discretional spending, undertaking new functions and resources to cope with unexpected change.

L) The Fit for the Future guidance material states that Council Merger Proposals must be endorsed by all councils in the proposed group; but councils are advised to argue the case for inclusion of additional non-agreeing partners if it improves the case for sustainability.

M) The resolution of Randwick Council of 26 May 2015 and the correspondence received proposing a base case merger with Waverley, and that the proposal may include other partners subject to the agreement of the base case merger partners.

N) The correspondence received from the Mayor of Woollahra requesting that Waverley Council not support any merger with Woollahra.

O) That Council’s population is significantly lower than the threshold criterion of scale and capacity according to Fit for the Future criteria, and hence the stand-alone option cannot be entertained. However, Waverley and Randwick contain the two largest populations of the eastern suburbs councils and, as noted by independent analysis, can achieve an appropriate minimum population to demonstrate scale and capacity as well as providing potential increased public benefit.

P) That a Waverley, Woollahra, Randwick grouping would see a population of over 270,000 which independent analysis notes would demonstrate appropriate scale and capacity and provide further potential increased public benefit.

2. That noting the above, and based on Council’s stated position that ‘Council does not support

amalgamation with any other council unless it can be demonstrated that there are sufficient benefits of a preferred amalgamation to Waverley, and this is supported by the Waverley community’, and considering the results of the Independent Grant Thornton Report together with the results of the IRIS Report, Council resolves to:

A) Endorse the submission of a Council Merger Proposal, proposing a base case merger

between Waverley and Randwick Councils, and

i. Offer to submit an equal partner joint merger proposal on behalf of both Waverley and Randwick Councils; and

ii. Include within the ‘Scale and Capacity’ section of the submission proposal,

Waverley’s position that a merger of Waverley, Randwick and Woollahra Councils would provide increased potential benefit.

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iii. Confirm to the State Government that both the Council and the community strongly oppose the Global City option as it will not deliver a community of interest and could deliver a reduction of services to the residents of Waverley.

iv. Note and inform the State Government that Waverley’s support of a base case

merger with Randwick is conditional upon the Government proceeding with its Fit for the Future program in a robustly fair and consistent manner across Metropolitan Sydney.

B) Write to Randwick and Woollahra Councils advising of Council’s resolution.

C) Support the enhanced employment protections of five years contained within the

proposed MOU between Waverley Council and the Unions.

D) Delegate to the General Manager the authority to sign the MOU between Waverley Council and the Unions and to finalise the Fit for the Future submission with Randwick.

E) Endorse the Mayor writing to all households in Waverley clarifying the State Government’s position in relation to the Global City, and Waverley’s preferred option of a smaller ‘Community of Interest’ eastern coastal option for Waverley to ensure that Waverley has a seat at the table controlling its future, with local representation, rather than being forced into an amalgamation resulting in a Council of approximately 600,000 residents.

Cr Kanak moved an Amendment to the Motion that was ruled out of order by the Chair. The Chair ruled that the Amendment was a Foreshadowed Motion. Cr Kanak then moved a Motion of Dissent against the Chair’s ruling that his Amendment was a Foreshadowed Motion. The Motion of Dissent was put and declared lost on a division. Division For the Motion of Dissent: Crs Kanak, Masselos, Strewe and Wakefield. Against the Motion of Dissent: Crs Betts, Burrill, Clayton, Cusack, Goltsman, Guttman-Jones

and Kay. AMENDMENT 1 Mover: Cr Strewe Seconder: Cr Wakefield That the Motion be adopted subject to Clause 1 G)ii being amended to read as follows: ‘Only 14% to 19% of respondents’ first preference was for a merger with Randwick Council.’ THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay.

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AMENDMENT 2 Mover: Cr Kanak Seconder: Cr Wakefield That the Motion be adopted subject to the addition of the following clause: ‘That Council requests the government permit a binding referendum on this issue prior to any merger being implemented.’ THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. AMENDMENT 3 Mover: Cr Kanak Seconder: Cr Strewe That the Motion be adopted subject to the addition of the following clause: ‘That before Council’s submission is sent to IPART, Council officers receive submissions from minority-view councillors so a minority view can be included in the submission.’ THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. AMENDMENT 4 Mover: Cr Strewe Seconder: Cr Masselos That the Motion be adopted subject to the deletion of Clause 2 A)ii. THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. AMENDMENT 5 Mover: Cr Wakefield Seconder: Cr Strewe That the Motion be adopted subject to the first paragraph of Clause 2 being amended to read as follows: ‘Considering the results of the Independent Grant Thornton Report together with the results of the IRIS Report, Council resolves to:’ THE AMENDMENT WAS PUT AND DECLARED LOST.

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Minutes of Extraordinary Council Meeting 10 June 2015

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Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. AMENDMENT 6 Mover: Cr Masselos Seconder: Cr Strewe That the Motion be adopted subject to the deletion of Clause 1 O). THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. Cr Wakefield moved an Amendment to the Motion that was ruled out of order by the Chair. The Chair ruled that the Amendment was a Foreshadowed Motion. Cr Kanak then moved a Motion of Dissent against the Chair’s ruling that Cr Wakefield’s Amendment was a Foreshadowed Motion. The Motion of Dissent was put and declared lost. AMENDMENT 7 Mover: Cr Kanak Seconder: Cr Wakefield That the Motion be adopted subject to the addition of the following clause: ‘That Council includes in its IPART submission an optional analysis of the survey results using the preferential counting method.’ THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. AMENDMENT 8 Mover: Cr Masselos Seconder: Cr Wakefield That the Motion be adopted subject to the deletion of Clause 2 E). THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Amendment: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay. THE MOTION WAS THEN PUT AND DECLARED CARRIED. Division For the Motion: Crs Betts, Burrill, Clayton, Cusack, Goltsman and Kay.

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Against the Motion: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. DECISION: That the Motion be adopted. N Grieve, M McAdam, L Joslyn, M Main, Dr K Spooner and T Allerton addressed the meeting. Immediately following the closure of the meeting, a Motion to rescind the decision, signed by Crs Strewe, Kanak, Masselos, Guttman-Jones and Wakefield, was submitted to the Acting General Manager. THE MEETING CLOSED AT 9.01 PM.

............................................................ SIGNED AND CONFIRMED MAYOR 21 JULY 2015

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Council Meeting 21 July 2015

Confirmation of Minutes CM/4.2/15.07 Subject: Extraordinary Council Meeting Minutes –

14/28 June 2015

Trim File No.: A08/1053

Author: Richard Coelho, Governance Officer Director: Arthur Kyron, General Manager Recommendation: That the minutes of the Extraordinary Council Meeting held on 14/28 June 2015 be received and noted, and that such minutes be confirmed as a true record of the proceedings of that meeting. 1. Executive Summary An Extraordinary Council Meeting was held on 14 June 2015 to consider a rescission motion on Council’s response to Fit for the Future. The meeting was adjourned, and reconvened on 28 June 2015. The minutes of this meeting are submitted to Council for confirmation in accordance with section 375 of the Local Government Act 1993 (NSW), which provides that Council must ensure that full and accurate minutes are kept of the proceedings of its meetings and be confirmed at a subsequent meeting. 2. Introduction/Background In accordance with section 17.2(4) of Council’s Code of Meeting Practice, the minutes of the Extraordinary Council Meeting held on 14/28 June 2015 have been issued subject to confirmation at a subsequent meeting. 2.1 Relevant Council Resolutions There are no previous relevant Council resolutions on this matter. 3. Discussion The Extraordinary Council Meeting on 14 June 2015 was adjourned pursuant to section 5.2(1)(b) of Council’s Code of Meeting Practice. The Extraordinary Council Meeting on 28 June 2015 was the reconvening of the earlier meeting. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G1 – Inspiring community leadership is achieved through decision-making

processes that are open, transparent, corruption-resistant and based on sound integrated planning.

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Council Meeting 21 July 2015

Strategy: G1a – Develop and maintain a framework of plans and policies that ensures open and transparent operations that facilitate equitable benefit sharing and progress towards sustainability.

Deliverable: Regular reporting to Council on progress with implementation of integrated corporate plans.

5. Financial impact statement/Timeframe/Consultation Financial impact statements, timeframes and consultation are detailed within the individual reports attached to the agenda and where amended by the minutes. 6. Conclusion Council is required to confirm the minutes of the Extraordinary Council Meeting held on 14/28 June 2015. 7. Attachments

1. Extraordinary Council Meeting Minutes – 14/28 June 2015.

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MINUTES OF THE EXTRAORDINARY COUNCIL MEETING OF WAVERLEY COUNCIL HELD AT WAVERLEY COUNCIL CHAMBERS

ON SUNDAY, 14 JUNE 2015 Present: Councillor Sally Betts (Mayor) (Chair) Hunter Ward Councillor Joy Clayton Bondi Ward Councillor Dominic Wy Kanak Bondi Ward

Councillor Leon Goltsman Hunter Ward Councillor Miriam Guttman-Jones Hunter Ward

Councillor Angela Burrill Lawson Ward Councillor Andrew Cusack Lawson Ward Councillor Paula Masselos Lawson Ward Councillor Tony Kay (Deputy Mayor) Waverley Ward Councillor Ingrid Strewe Waverley Ward Staff in attendance: Cathy Henderson Acting General Manager, Waverley Corporate Mark Wood Director, Waverley Renewal Linda Bathur Acting Director Waverley Life Peter Brown Acting Executive Manager, Performance Waverley Jane Worthy Internal Ombudsman, Waverley Corporate At the commencement of proceedings at 9.00 am, those present were as listed above.

Attachment 1

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Minutes of Extraordinary Council Meeting 14 June 2015

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Opening Prayer and Acknowledgement of Local Indigenous Heritage The Mayor read the following Opening Prayer and Acknowledgement of Indigenous Heritage:

God, we pray for wisdom to govern with justice and equity. That we may see clearly and speak the truth and that we work together in harmony and mutual respect. May our actions demonstrate courage and leadership so that in all our works thy will be done. Amen. Waverley Council respectfully acknowledges our Indigenous heritage and recognises the ongoing Aboriginal traditional custodianship of the land which forms our Local Government Area. 1. Apologies / Leave of Absence Apologies were received and accepted from Cr Mouroukas and Cr Wakefield. 2. Declarations of Pecuniary and Non-Pecuniary Interests The Chair called for declarations of interests and the following was received: 1. Cr Betts declared a less than significant non-pecuniary interest in Item CM/4.1/15.06E2 –

Rescission Motion – CM/4.1/15.06E – Fit for the Future in relation to any conversation she might have had with anybody since 2011 on anything to do with amalgamation, Fit for the Future, any member of parliament that she may or may not have spoken to, any member of any council, any member of any precinct, and any member of any community in Waverley.

3. Addresses to Council by Members of the Public 1. T Sherlock – Item CM/4.1/15.06E2 – Rescission Motion – CM/4.1/15.06E – Fit for the Future. 2. P Pearce – Item CM/4.1/15.06E2 – Rescission Motion – CM/4.1/15.06E – Fit for the Future. 3. N Grieve – Item CM/4.1/15.06E2 – Rescission Motion – CM/4.1/15.06E – Fit for the Future. 4. J Kaye – Item CM/4.1/15.06E2 – Rescission Motion – CM/4.1/15.06E – Fit for the Future. 4. Notices of Motion CM/4.1/15.06E2 Rescission Motion – CM/4.1/15.06E – Fit for the Future MOTION Mover: Cr Strewe Seconder: Cr Guttman-Jones That the Rescission Motion be adopted. At 9.32 am, during the debate on the Motion, Cr Clayton left the Chamber and did not return.

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Minutes of Extraordinary Council Meeting 14 June 2015

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Adjournment of Meeting AT 9.39 AM, DURING THE DEBATE ON THE MOTION, CRS GUTTMAN-JONES, KANAK, MASSELOS AND STREWE LEFT THE CHAMBER AND DID NOT RETURN. CRS BETTS, BURRILL, CUSACK, KAY AND GOLTSMAN REMAINED PRESENT. AS THE MEETING WAS LEFT WITHOUT QUORUM, THE CHAIR ADJOURNED THE MEETING IN ACCORDANCE WITH CLAUSE 5.2(1)(B) OF COUNCIL’S CODE OF MEETING PRACTICE. THE CHAIR ANNOUNCED THAT THE MEETING WILL BE RECONVENED AT A TIME TO BE DETERMINED. THE MEETING WAS ADJOURNED AT 9.40 AM.

............................................................ SIGNED AND CONFIRMED MAYOR 21 JULY 2015

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MINUTES OF THE EXTRAORDINARY COUNCIL MEETING OF WAVERLEY COUNCIL HELD AT WAVERLEY COUNCIL CHAMBERS

ON SUNDAY, 28 JUNE 2015 Present: Councillor Sally Betts (Mayor) (Chair) Hunter Ward Councillor Joy Clayton Bondi Ward Councillor Dominic Wy Kanak Bondi Ward Councillor John Wakefield Bondi Ward

Councillor Leon Goltsman Hunter Ward Councillor Miriam Guttman-Jones Hunter Ward

Councillor Angela Burrill Lawson Ward Councillor Andrew Cusack Lawson Ward Councillor Paula Masselos Lawson Ward Councillor Tony Kay (Deputy Mayor) Waverley Ward Councillor Bill Mouroukas Waverley Ward Councillor Ingrid Strewe Waverley Ward Staff in attendance: Arthur Kyron General Manager, Waverley Corporate Mark Wood Director, Waverley Renewal Peter Brown Acting Executive Manager, Performance Waverley Jane Worthy Internal Ombudsman, Waverley Corporate At the commencement of proceedings at 9.00 am, those present were as listed above.

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Minutes of Extraordinary Council Meeting 28 June 2015

This is page 2 of the Minutes of the Extraordinary Council Meeting held on 28 June 2015

At 9.40 am at the Extraordinary Council Meeting held on 14 June 2015, it was resolved that the meeting be adjourned pursuant to section 5.2(1)(b) of the Waverley Council Code of Meeting Practice. At that meeting, after addresses by members of the public, the Notice of Motion ‘Rescission Motion – CM/4.1/15.06E – Fit for the Future’, was moved by Councillor Strewe, and seconded by Councillor Guttman-Jones.

This meeting was the reconvening of that meeting to complete the business as outlined in the Agenda.

1. Notices of Motion CM/4.1/15.06E2 Rescission Motion – CM/4.1/15.06E – Fit for the Future MOTION Mover: Cr Strewe Seconder: Cr Guttman-Jones That the Rescission Motion be adopted. AT THIS STAGE IN THE PROCEEDINGS, CR CUSACK MOVED THE FOLLOWING MOTION IN ACCORDANCE WITH SECTION 11.15 OF COUNCIL’S CODE OF MEETING PRACTICE: MOTION / DECISION Mover: Cr Cusack That the Motion now be put. THE MOTION WAS PUT AND DECLARED CARRIED. Division For the Motion: Crs Betts, Burrill, Clayton, Cusack, Goltsman, Kay and Mouroukas. Against the Motion: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. THE SUBSTANTIVE MOTION WAS THEN PUT AND DECLARED LOST. DECISION: That the Rescission Motion not be adopted. Division For the Motion: Crs Guttman-Jones, Kanak, Masselos, Strewe and Wakefield. Against the Motion: Crs Betts, Burrill, Clayton, Cusack, Goltsman, Kay and Mouroukas. THE MEETING CLOSED AT 9.08 AM.

............................................................. SIGNED AND CONFIRMED MAYOR 21 JULY 2015

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Council Meeting 21 July 2015

Confirmation of Minutes CM/4.3/15.07 Subject: Council Meeting Minutes – 16 June 2015

Trim File No.: A08/1053

Author: Richard Coelho, Governance Officer Director: Arthur Kyron, General Manager Recommendation: That the minutes of the Council Meeting held on 16 June 2015 be received and noted, and that such minutes be confirmed as a true record of the proceedings of that meeting. 1. Executive Summary The minutes of the Council Meeting held on 16 June 2015 are submitted to Council for confirmation in accordance with section 375 of the Local Government Act 1993 (NSW), which provides that Council must ensure that full and accurate minutes are kept of the proceedings of its meetings and be confirmed at a subsequent meeting. 2. Introduction/Background In accordance with section 17.2(4) of Council’s Code of Meeting Practice, the minutes of the Council Meeting held on 16 June 2015 have been issued subject to confirmation at a subsequent meeting. 2.1 Relevant Council Resolutions There are no previous relevant Council resolutions on this matter. 3. Discussion Not applicable. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G1 – Inspiring community leadership is achieved through decision-making

processes that are open, transparent, corruption-resistant and based on sound integrated planning.

Strategy: G1a – Develop and maintain a framework of plans and policies that ensures open and transparent operations that facilitate equitable benefit sharing and progress towards sustainability.

Deliverable: Regular reporting to Council on progress with implementation of integrated corporate plans.

Page 1

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Council Meeting 21 July 2015

5. Financial impact statement/Timeframe/Consultation Financial impact statements, timeframes and consultation are detailed within the individual reports attached to the agenda and where amended by the minutes. 6. Conclusion Council is required to confirm the minutes of the Council Meeting held on 16 June 2015. 7. Attachments

1. Council Meeting Minutes – 16 June 2015.

Page 2

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MINUTES OF THE ORDINARY COUNCIL MEETING OF WAVERLEY COUNCIL HELD AT WAVERLEY COUNCIL CHAMBERS

ON TUESDAY, 16 JUNE 2015 Present: Councillor Sally Betts (Mayor) (Chair) Hunter Ward Councillor Joy Clayton Bondi Ward Councillor Dominic Wy Kanak Bondi Ward Councillor John Wakefield Bondi Ward

Councillor Leon Goltsman Hunter Ward Councillor Miriam Guttman-Jones Hunter Ward

Councillor Angela Burrill Lawson Ward Councillor Andrew Cusack Lawson Ward Councillor Paula Masselos Lawson Ward Councillor Ingrid Strewe Waverley Ward Councillor Tony Kay (Deputy Mayor) Waverley Ward Staff in attendance: Cathy Henderson Acting General Manager, Waverley Corporate Linda Bathur Acting Director, Waverley Life Peter Monks Director, Waverley Futures Mark Wood Director, Waverley Renewal Jane Worthy Internal Ombudsman, Waverley Corporate At the commencement of proceedings at 6.30 pm, those present were as listed above with the exception of Cr Wakefield who arrived at 6.35 pm.

Attachment 1

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Minutes of Council Meeting 16 June 2015

This is page 2 of the Minutes of the Council Meeting held on 16 June 2015

Opening Prayer and Acknowledgement of Local Indigenous Heritage The Mayor read the following Opening Prayer and Acknowledgement of Indigenous Heritage:

God, we pray for wisdom to govern with justice and equity. That we may see clearly and speak the truth and that we work together in harmony and mutual respect. May our actions demonstrate courage and leadership so that in all our works thy will be done. Amen. Waverley Council respectfully acknowledges our Indigenous heritage and recognises the ongoing Aboriginal traditional custodianship of the land which forms our Local Government Area. 1. Apologies / Leave of Absence Apologies were received and accepted from Cr Mouroukas, and late apologies were received and accepted from Cr Wakefield. 2. Declarations of Pecuniary and Non-Pecuniary Interests The Chair called for declarations of interests and the following were received: 1. Cr Betts declared a significant non-pecuniary interest in Item CM/7.3/15.06 – Small Grants

Program 2014-15 and informed the meeting that she is on the Board of WAYS and will be leaving the chamber when this matter is considered.

2. Cr Betts declared a significant non-pecuniary interest in Item CM/10.6/15.06 – Authorisation of

Community Tenancy Leases and informed the meeting that she is on the Board of WAYS and will be leaving the chamber when this matter is considered.

3. Cr Clayton declared a less than significant non-pecuniary interest in Item CM/7.6/15.06 –

O’Donnell Street, North Bondi – Motorbike Parking and informed the meeting that she lives in O’Donnell Street.

4. Cr Betts declared a less than significant non-pecuniary interest in Item CM/7.8/15.06 – Proposal for installation of Closed Circuit Television and informed the meeting that she knows the Parras and Lazarus families.

5. Cr Kanak declared a less than significant non-pecuniary interest in Item CM/7.3/15.06 – Small

Grants Program 2014-15 and informed the meeting that he knows one of the groups connected with the What has Bondi done with my brother? application.

3. Addresses to Council by Members of the Public 1. Sergeant J Oliver, on behalf of the Police Commander of Eastern Suburbs, Detective

Superintendent J Box and all police officers attached to Eastern Suburbs Police – CM/7.8/15.06 – Proposal for installation of Closed Circuit Television.

2. S Mitchell – CM/7.13/15.06 – Petition – Opposing the Proposed Roundabout at the

Intersection of Fletcher Street and Sandridge Street, Bondi.

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Minutes of Council Meeting 16 June 2015

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3. B Kelly – CM/7.1/15.06 – Adoption of Estimates of Income and Expenditure for the Financial Year 2015/15, Capital Works Expenditure Estimates for 2015/16 and Long Term Financial Plan 4.2.

4. B Kelly – CM/7.2/15.06 – Draft Operational Plan 2015/16 and Draft Pricing Policy, Fees and

Charges 2015/16. 5. B Kelly – CM/7.10/15.06 – Petitions – Waverley Cemetery.

6. M Worthington – CM/8.1/15.06 – Rescission Motion – CM/4.3/15.05 Special Meeting of the

Waverley Traffic Committee – Minutes – 30 April 2015. 4. Confirmation and Adoption of Minutes CM/4.1/15.06 Council Meeting – 19 May 2015 (A08/1053) MOTION / DECISION Mover: Cr Goltsman Seconder: Cr Clayton That the Minutes of the Council Meeting held on 19 May 2015 be received and noted, and that such minutes be confirmed as a true record of the proceedings of that meeting. CM/4.2/15.06 Waverley Traffic Committee Meeting – 28 May 2015 (A08/0077) MOTION / DECISION Mover: Cr Kay Seconder: Cr Burrill That Part 1 of the Minutes of the Waverley Traffic Committee Meeting held on 28 May 2015 be received and noted, and that the recommendations contained therein be adopted. Save and except the following: 1. Waverley Traffic Committee Meeting Minutes – 28 May 2015 – TC.01/15.05 – Bondi Junction –

Proposed introduction of 2P metered parking and changes to parking meter operating times in Bondi Junction (A14/0540)

2. Waverley Traffic Committee Meeting Minutes – 28 May 2015 – TC.02/15.05 – Grafton Street,

Bondi Junction – Changes to “Council Authorised Vehicles Excepted” Parking (A02/0637-02) 3. Waverley Traffic Committee Meeting Minutes – 28 May 2015 – TC.03/15.05 - Fletcher Street at

Sandridge Street, Bondi – Proposed Roundabout (A03/0042) And that these items be dealt with separately.

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Minutes of Council Meeting 16 June 2015

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CM/4.2.1/15.06 Waverley Traffic Committee Meeting Minutes – 28 May 2015 – TC.01/15.05 – Bondi Junction – Proposed introduction of 2P metered parking and changes to parking meter operating times in Bondi Junction (A14/0540)

This matter was saved and excepted by Cr Burrill. MOTION / DECISION Mover: Cr Burrill Seconder: Cr Kay That the Recommendation of the Waverley Traffic Committee made at its meeting on 28 May 2015 be adopted subject to Clause 3 reading as follows: ‘Approves the trial implementation of the following Parking Restrictions: (a) Oxford Street (between Denison Street and Newland Street): 1/2P 8am – 12noon, 2P 12noon –

7pm. (b) Vernon Street 1/2P 8am – 12noon, 2P 12noon – 7pm. (c) Denison Street 1/2P 8am – 12noon, 2P 12 noon – 9pm’. CM/4.2.2/15.06 Waverley Traffic Committee Meeting Minutes – 28 May 2015 –

TC.02/15.05 – Grafton Street, Bondi Junction – Changes to “Council Authorised Vehicles Excepted” Parking (A02/0637-02)

This matter was saved and excepted by Cr Kay. MOTION / UNANIMOUS DECISION Mover: Cr Kay Seconder: Cr Burrill That Council: 1. Endorses only 65 metres, not 75 metres, of ‘ticketed parking Council authorised vehicles

excepted’ on the northern side of Grafton Street for the purposes of Council fleet vehicle parking for Council officers operating out of office space at 55 Grafton Street, Bondi Junction.

2. Implements the proposed parking restrictions as shown in Attachment 1 to the report, subject

to the following amendments:

(a) The 85 metres of ‘ticketed parking Resident Permit Holders Excepted’ remains unchanged.

(b) The 65 metres of ‘ticketed parking Council authorised vehicles excepted’ be swapped

with the 28 metres of ‘ticketed parking’. Cr Masselos was not in the chamber for the vote on this item.

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Minutes of Council Meeting 16 June 2015

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CM/4.2.3/15.06 Waverley Traffic Committee Meeting Minutes – 28 May 2015 – TC.03/15.05 – Fletcher Street at Sandridge Street, Bondi – Proposed Roundabout (A03/0042)

This matter was saved and excepted by Cr Kay. MOTION / DECISION Mover: Cr Kay Seconder: Cr Burrill That the matter be deferred for: 1. Further discussion between Council, RMS, and Sydney Buses with regard to lane widths,

pedestrian islands, and traffic flow during high intensity events like Sculpture by the Sea, and 2. The impacted areas of the Bondi Beach and South Bondi/Watson precincts be letterboxed to

make a comment about the proposal, and so that their feedback and the petition against the proposed roundabout can be considered when the matter comes back as a further report to the Waverley Traffic Committee.

Cr Masselos was not in the chamber for the vote on this item. 5. Mayoral Minutes There were no Mayoral Minutes. 6. Obituaries CM/6/15.06 June 2015 (A02/0017) MOTION / DECISION Mover: Cr Strewe Seconder: Cr Goltsman That a letter of sympathy be forwarded to the families of the deceased named below expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced. Feri Buyers

Henri Sueke Council rose for a minute’s silence as a mark of respect for the deceased and for the souls of people generally who have died in our Local Government area. Cr Masselos was not in the chamber for the vote on this item.

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Minutes of Council Meeting 16 June 2015

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7. Reports CM/7.1/15.06 Adoption of Estimates of Income and Expenditure for the Financial Year 2015/15, Capital Works Expenditure Estimates for 2015/16 and Long Term Financial Plan 4.2 MOTION / DECISION Mover: Cr Cusack Seconder: Cr Burrill That Council: 1. Receives and notes this report. 2. Adopts the estimates of income and expenditure, including capital expenditure, for the

financial year 2015/16 as per the Operational Plan 2015/16. 3. Notes the Long Term Financial Plan (LTFP4.2) for an 11 year period from 2015/16 – 2025/26

including Income Statement, Balance Sheet, Statement of Cash Flows, Reserves Balances, General Assumptions and Sensitivity Analysis.

Cr Masselos was not in the chamber for the vote on this item. B Kelly addressed the meeting. CM/7.2/15.06 Draft Operational Plan 2015/16 and Draft Pricing Policy, Fees and Charges 2015/16 MOTION / DECISION Mover: Cr Kay Seconder: Cr Burrill That Council: 1. Receives and notes the comments made in relation to the draft Operational Plan 2015-16 and

the draft Pricing Policy, Fees and Charges 2015-16, as outlined in Attachment 3. 2. Adopts the draft Operational Plan 2015-16 as marked up in Attachment 1, but subject to the

changes in the table below, in accordance with Section 405 of the Local Government Act 1993.

What Currently reads Proposed Change Justification

Page 114 Council agenda Direction L6 Strategy L6a Key activity 4

Develop Integrated Transport and Mobility study for the Waverley LGA

Delete activity and related deliverable.

Activity is duplicated and does not belong against this deliverable. Activity is addressed in L6b Key activity 1 as Waverley’s People Movement and Places Study. Deliverable is addressed in L6a deliverable 2.

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Minutes of Council Meeting 16 June 2015

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Page 115 Council agenda Direction L6 Strategy L6b Key activity 1

Develop the Waverley’s People, Movement and Places Study for the Waverley LGA

Amend to: "Prepare the Waverley’s People, Movement and Places Study, incorporating the Interim Access Study for Bondi Beach."

Ensures that the Interim Access Study is performed at the appropriate time.

Page 115 Council agenda Direction L6 Strategy L6c Key activity 2

Prepare the Waverley’s People, Movement and Places Study

Delete Activity is duplicated. Addressed in L6b Key activity 1.

Page 115 Council agenda Direction L6 Strategy L6d Key activity 2

Design Rowe Street development with direct pedestrian link to rail concourse commenced

Delete Activity is duplicated. Addressed in L8c Key activity.

3. Adopts the Rating Structure for 2015-16 contained on page 77 of the marked up version of the

Operational Plan 2015-16 in attachment 1 together with the draft Pricing Policy, Fees and Charges 2015-16 as marked up in attachment 2 in accordance with Sections 497, 516, 518 , 529 (2)(d), 534, 535 and 548(3) of the Local Government Act (1993), make the following rates and charges for every parcel of rateable land within the Waverley Council Local Government Area for the period of 1 July 2015 to 30 June 2016 with the proposed amendments listed in attachment 3:

(a) That an ordinary rate of zero point one five four six (0.1546) cents in the dollar subject

to a minimum rate in accordance with Section 548(3) of the Act, of five hundred and eighty dollars and fifty five cents ($580.55) 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 2015 to 30 June 2016.

(b) That an ordinary rate of zero point seven three one two (0.7312) 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 2015 to 30 June 2016.

(c) That an ordinary rate of one point zero six four zero (1.0640) 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 2015 to 30 June 2016.

(d) That in accordance with Section 496 of the Local Government Act (1993), the charge for

the Domestic Waste Management Service is set at $484.00 per service per annum for the period 1 July 2015 to 30 June 2016.

4. Adopts the interest charge of eight point five percent (8.5%) in accordance with the

determination of the Minister of Local Government and Section 566(3) of the Local Government Act (1993) payable on overdue rates and charges for the period 1 July 2015 to 30 June 2016.

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Minutes of Council Meeting 16 June 2015

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Cr Masselos was not in the chamber for the vote on this item. B Kelly addressed the meeting. CM/7.3/15.06 Small Grants Program 2014-15 Cr Kanak declared a less than significant non-pecuniary interest in this Item and informed the meeting that he knows one of the groups connected with the ‘What has Bondi done with my brother?’ application. Cr Betts declared a significant non-pecuniary interest in this item and informed the meeting that she is on the Board of WAYS. Cr Betts relinquished the Chair and left the chamber. The Deputy Mayor assumed the Chair for this item. MOTION / DECISION Mover: Cr Goltsman Seconder: Cr Clayton 1. Approves the Small Grants (Round 2) 2014-15 grants to the organisations and individuals as set

out in Table 2 of this Report. 2. Notes and endorses the recommendations to:

(a) Fund the Bronte OOSH’s proposal from its usual allocation through the Community Services Grant Program.

(b) Undertake further investigation of the Bindle Box proposal to trial the provision of

secure lockers in Bondi Junction to enable rough sleepers to store their possessions for a limited period.

(c) Holds over WAYS application for Safe Summer Survival until Round 1 2015/16.

Crs Betts and Masselos were not in the chamber for the vote on this item. CM/7.4/15.06 Investment Portfolio Report – April 2015 MOTION / UNANIMOUS DECISION Mover: Cr Cusack Seconder: Cr Burrill That Council: 1. Receives this report. 2. Notes 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 Ministerial Investment Orders and Council’s Investment Policy.

Cr Masselos was not in the chamber for the vote on this item.

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Minutes of Council Meeting 16 June 2015

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CM/7.5/15.06 Writing Off of Council’s Trade Debtor Bad Debts MOTION / DECISION Mover: Cr Cusack Seconder: Cr Wakefield That Council: 1. Receives and notes this report. 2. Approves the write-off of the bad trade debts and general abandonments identified in this

report of $9,115.95 in accordance with Clause 213 (3) of the Local Government (General) Regulation 2005.

3. Investigates using the services of a credit reporting and listing agency to report bad debts on

credit files and a report come back to Council. Cr Masselos was not in the chamber for the vote on this item. CM/7.6/15.06 O’Donnell Street, North Bondi - Motorbike Parking Cr Clayton declared a less than significant non-pecuniary interest in this item and informed the meeting that she lives in O’Donnell Street. MOTION / DECISION Mover: Cr Clayton Seconder: Cr Wakefield That Council adopts the Recommendation of the Waverley Traffic Committee made at its meeting on 23 April 2015 regarding item TV.02/15.04 O’Donnell Street, North Bondi – ‘P Motor Bikes Only’ zone. Cr Masselos was not in the chamber for the vote on this item. CM/7.7/15.06 Request for the Calling of Tenders for Civil Maintenance and Minor Civil Construction MOTION / DECISION Mover: Cr Goltsman Seconder: Cr Kay That Council approves the calling of tenders for Civil Maintenance and Minor Civil Construction Works. Cr Masselos was not in the chamber for the vote on this item.

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CM/7.8/15.06 Proposal for installation of Closed Circuit Television Cr Betts declared a less than significant non-pecuniary interest in this Item and informed the meeting that she knows the Parras and Lazarus families. MOTION / DECISION Mover: Cr Burrill Seconder: Cr Betts That: 1. Subject to available funding, Council endorses the recommendations of the Community Safety

Advisory Committee regarding implementation of CCTV subject to available funding. 2. Officers investigate additional sources of funding including partnerships with the State

Government and Chamber of Commerce to complement those funds allocated by Council. 3. Once available funding has been identified Council receives a report from the Community

Safety Advisory Committee detailing proposed expenditure and timing for CCTV implementation.

4. All policy and procedures for the operation and access to information from the proposed CCTV

be developed in consultation with the NSW Police. 5. The Attachment to this report be treated as confidential in accordance with section 11(3) of

the Local Government Act 1993, as it relates to a matter specified in section 10A(2)(f) of the Local Government Act 1993; matters affecting the security of Council property.

6. Council investigates methods of sourcing contributions to the cost of this proposal from the

Eastern Hotel, Grand Hotel and Tea Gardens Hotel in Bondi Junction, Bondi Hotel, Bucket List and the Beach Road Hotel in Bondi Beach, and any other appropriate sources.

DIVISION: For the Motion: Crs Betts, Burrill, Clayton, Cusack, Goltsman, Guttman-Jones and Kay. Against the Motion: Crs Kanak, Strewe and Wakefield. Cr Masselos was not in the chamber for the vote on this item. Sergeant J Oliver, on behalf of the Police Commander of Eastern Suburbs, Detective Superintendent J Box and all police officers attached to Eastern Suburbs Police. CM/7.9/15.06 Petition – Beach Volleyball Posts, Lights and Storage to be included in Bondi Plan of Management MOTION / DECISION Mover: Cr Clayton Seconder: Cr Goltsman That: 1. The petition be received and noted and forwarded to the Executive Manager, Safe Waverley.

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2. Considering volleyball has only recently been officially allowed to be played on Bondi Beach, and that there is some conflict between the sand runners and the area allocated to the volleyball, that investigation of the lights and posts suggested in the petition be deferred until after the next summer period so the full impact of allowing volleyball to be played on the beach can be assessed.

3. The issue of storage facilities be investigated in 2016. Cr Masselos was not in the chamber for the vote on this item. CM/7.10/15.06 Petitions – Waverley Cemetery MOTION / UNANIMOUS DECISION Mover: Cr Cusack Seconder: Cr Burrill That the petitions be received and noted and forwarded to the Executive Manager, Clean and Attractive Waverley. Cr Masselos was not in the chamber for the vote on this item. B Kelly addressed the meeting. CM/7.11/15.06 Petition – Extension of Two-Hour Parking to Imperial Avenue and Rockley Street, Bondi MOTION / DECISION Mover: Cr Kay Seconder: Cr Burrill That the petition be received and noted and forwarded to the Executive Manager, Creating Waverley and officers give consideration to an extension of the 2hr residential parking scheme. Cr Masselos was not in the chamber for the vote on this item. CM/7.12/15.06 Petition – Opposing Installation of No Parking Zone in Onslow Street, Rose Bay MOTION / DECISION Mover: Cr Goltsman Seconder: Cr Betts That the petition be received and noted and forwarded to the Executive Manager, Creating Waverley. Cr Masselos was not in the chamber for the vote on this item.

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CM/7.13/15.06 Petition – Opposing the Proposed Roundabout at the Intersection of Fletcher Street and Sandridge Street, Bondi MOTION / DECISION Mover: Cr Clayton Seconder: Cr Kay That the petition be received and noted and forwarded to the Executive Manager, Creating Waverley. Cr Masselos was not in the chamber for the vote on this item. S Mitchell addressed the meeting. CM/7.14/15.06 Request for Leave of Absence – Cr Mouroukas MOTION / DECISION Mover: Cr Kay Seconder: Cr Clayton That Council grants a leave of absence to Cr Mouroukas for the period 5 June 2015 to 6 July 2015 inclusive. Cr Masselos was not in the chamber for the vote on this item. 8. Notices of Motion CM/8.1/15.06 Rescission Motion – CM/4.3/15.05 Special Meeting of the Waverley Traffic Committee – Minutes – 30 April 2015 Notice of Motion submitted by Crs Betts, Burrill and Goltsman. MOTION / DECISION Mover: Cr Betts Seconder: Cr Burrill That the Rescission Motion be adopted. UPON THE ADOPTION OF THE RESCISSION MOTION THE FOLLOWING MOTION WAS THEN MOVED, SECONDED AND DECLARED CARRIED: MOTION / DECISION Mover: Cr Betts Seconder: Cr Kay That: 1. The Recommendation of the Waverley Traffic Committee made at its Special Meeting on 30

April 2015 in relation to Item TL.01/15.04S – Bondi Junction Cycleway / Streetscape – Drawing L003 Revision D – Oxford Street, west of Denison Street to west of Ruthven Street be deferred until the results of the workshop to be held on Tuesday 30th June 2015 are known.

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2. The Recommendation of the Waverley Traffic Committee made at its Special Meeting on 30 April 2015in relation to Item TL.02/15.04S – Bondi Junction Cycleway / Streetscape – Drawing L005 Revision D – Intersection of Spring Street and Denison Street be deferred until the results of the workshop to be held on Tuesday 30th June 2015 are known.

3. The Recommendation of the Waverley Traffic Committee made at its Special Meeting on 30

April 2015 in relation to Item TL.03/15.04S – Bondi Junction Cycleway / Streetscape – Drawing L008 Revision F attached to the WTC agenda and L008 Revision G tabled at the meeting – Intersection of Bronte Road and Spring Street be deferred until the results of the workshop to be held on Tuesday 30th June 2015 are known.

M Worthington addressed the meeting. CM/8.2/15.06 Marriage Equality Notice of Motion submitted by Crs Wakefield, Masselos and Strewe. MOTION / DECISION Mover: Cr Wakefield Seconder: Cr Guttman-Jones That Council resolves to: 1. Publicly support marriage equality irrespective of sex or gender identity. 2. Write to all Federal Members of Parliament and the Commonwealth Human Rights and Equal

Opportunity Commission advising them of Council’s support.

3. Write to all political parties with representation in the Federal Parliament encouraging them to prioritise debating changes to the Marriage Act and allow a conscience vote on marriage equality.

Crs Masselos and Burrill were not in the chamber for the discussion and vote on this item. CM/8.3/15.06 Same Sex Marriage This Notice of Motion was withdrawn at the request of Cr Guttman-Jones. Notice of Motion submitted by Crs Guttman-Jones and Goltsman. MOTION (Withdrawn): That Waverley Council recognise the right for same sex couples to marry.

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CM/8.4/15.06 Complete Streets – Syd Einfeld Drive Amended Notice of Motion submitted by Crs Betts and Guttman-Jones. MOTION / UNANIMOUS DECISION Mover: Cr Betts Seconder: Cr Guttman-Jones That Council: 1. Notes that considering the many decisions that have been made with regard to the Bondi

Junction cycleway, the Special Traffic Committee meeting of 30 April 2015 deferring the design of three intersections along the route and the subsequent rescission, and general Councillor concern about the Spring Street route, it would be fruitful for a Councillor workshop to be held to reassess the current route and all decisions made to date, and then determine whether any other Council resolutions need to be rescinded.

2. Conducts a workshop that includes but is not limited to:

(a) the current route and any proposed issues with the current design; (b) the investigation and design component of the Complete Streets Report

recommendations relating to Syd Einfeld Drive to 2015/16; (c) the suggested Grafton Street roundabout raised in the West Oxford Street design

charette to redirect traffic directly onto Syd Enfield Drive rather than go through the Nelson Street S bend;

(d) options for a cycleway on either the northern or southern side of Syd Enfield Drive as

raised in the Complete Streets program; and

(e) whether Council needs to further communicate with residents, businesses and other stakeholders on their preferred options.

3. Officers prepare a report to Council on the outcome of the workshop.

4. Conducts a community education program to educate other road users and pedestrians about

the cycleway and to be aware of cyclists. CM/8.5/15.06 Trans Pacific Partnership Trade Agreement Notice of Motion submitted by Cr Kanak. MOTION Mover: Cr Kanak Seconder: Cr Wakefield That Waverley Council: 1. Calls on the Commonwealth Trade Minister and Member for Wentworth to release the draft

Trans Pacific Partnership (TPP) agreement for public consultation and parliamentary consideration prior to it being agreed to by the Federal Cabinet.

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2. Writes to Member for Wentworth and the Trade Minister requesting that they ensure that the TPP agreement does not contain provisions which:

(a) Enables a foreign investor to sue governments for damages over policy, laws or

regulations at the local government level. (b) Restricts local government policies which encourage local employment, support local

economic and industry development and encourage good employment practices and initiatives.

(c) Restricts local government policies which encourage good environmental practices and

initiatives. (d) Restricts local government supply and regulation of services or require the

commercialisation of services. (e) Prevents local government procurement policy from giving preference to local suppliers.

3. Writes to Member for Wentworth and the Trade Minister requesting that they ensure that the

TPP does contain provisions which Recognize and Address the continuing Aboriginal Custodianship of the Land and Water resources of Australia.

4. Writes to LGNSW and the Australian Local Government Association ALGA (National General

Assembly 'NGA' of Local Government) making Them aware of this Council resolution and asking for LGNSW and ALGA for any assistance They can provide to Council for future focus on this issue.

5. Authorises Council's delegates to the LG NSW Annual Conference and NGA 2015 to share and

discuss this motion if opportunities arise. 6. Sends this resolution as a Representation/Submission to the Commonwealth Trade Minister. THE MOTION WAS PUT AND DECLARED LOST. DIVISION: For the Motion: Crs Kanak, Strewe and Wakefield. Against the Motion: Crs Betts, Burrill, Clayton, Cusack, Goltsman, Guttman-Jones and Kay. Cr Masselos was not in the chamber for the vote on this item. CM/8.6/15.06 Fit for the Future Submission Amended Notice of Motion submitted by Cr Kanak. MOTION / DECISION Mover: Cr Kanak Seconder: Cr Wakefield That Council not finalise its Fit for the Future submission until after the proposed councillor workshop on 23 June 2015, and the IPART submission include reference to the NSW Legislative Council Public Inquiry.

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DIVISION: For the Motion: Crs Betts, Guttman-Jones, Kanak, Kay, Strewe and Wakefield. Against the Motion: Crs Burrill, Clayton, Cusack and Goltsman. Cr Masselos was not in the chamber for the vote on this item. CM/8.7/15.06 Celebrating Australian Heritage and NAIDOC Week 2015 Amended Notice of Motion submitted by Cr Kanak. MOTION / DECISION Mover: Cr Kanak Seconder: Cr Wakefield That Council refer the matter to the Multicultural Advisory Committee for them to investigate and make further recommendations in regard to the following: 1. To identify other complimentary initiatives and opportunities consistent with the NAIDOC

themes, and 2. To liaise with Council officers and give consideration to the Bondi Beach Plan of Management. 3. Waverley Council in Celebrating Australian Heritage and NAIDOC Week restores, or

commences the process of restoring , the 'Jedda' movie poster into the iconic Bondi archway on the Bondi Pavilion stairway leading from the ground level foyer to the upper theatre level where it has been previously.

4. Contacts the National Film Sound Archives for any assistance in restoring and replicating the

Jedda poster. 5. Organises a Community event to unveil the restoration and replacement of the poster, and if

possible invite the star of that movie, Aboriginal Elder, Rosalie Kunoth-Monks as well as Robert Tudawali Family Members and representatives of the Chauvel Cinema/Foundation.

6. Moves the plaque and photos of David Gulpilil, former Prime Minister Gough Whitlam and

Margaret Whitlam taken at the opening of the Bondi Pavilion Theatre from the ante-entrance to be more prominently displayed in the main counter/bar area of the Theatre level.

Cr Masselos was not in the chamber for the vote on this item. 9. Urgent Business There were no items of Urgent Business.

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10. Closed Session CM/10/15.05 Closed Session (A01/0649) Before the motion to close the meeting was put, the Chair provided an opportunity for members of the public to make representations as to whether this part of the meeting should be closed. No representations were received. MOTION / DECISION Mover: Cr Goltsman Seconder: Cr Strewe That: 1. Council moves into closed session to deal with the matters listed below, which are classified

as confidential under the provisions of Section 10A (2) of the Local Government Act 1993 for the reasons specified:

CM/10.1/15.06 CONFIDENTIAL REPORT – Evaluation of Tender – Tamarama Stormwater

Harvesting and Reuse Scheme

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.2/15.06 CONFIDENTIAL REPORT – Evaluation of Tender – Bondi Pavilion Upgrade

and Conservation Principal Design Consultant (PDC)

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.3/15.06 CONFIDENTIAL REPORT – Evaluation of Tender – Syd Einfeld Public Place

Cleansing (PPC) Works Depot Upgrade This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.4/15.06 CONFIDENTIAL REPORT – Fees and Charges 2015–2016 – Cemetery

This matter is considered to be confidential under Section 10A(2)(d) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a competitor of Council.

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CM/10.5/15.06 CONFIDENTIAL REPORT – Fees and Charges 2015-2016 – Commercial Waste

This matter is considered to be confidential under Section 10A(2)(d) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a competitor of Council.

CM/10.6/15.06 CONFIDENTIAL REPORT – Authorisation of Community Tenancy Leases

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, and the Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

2. Pursuant to Section 10A(1), 10(2) and 10A(3) of the Local Government Act 1993, the media

and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from the

media and public as provided by section 11(2) of the Local Government Act 1993. At 9.31 pm, Council moved into Closed Session. CM/10.1/15.06 CONFIDENTIAL REPORT – Evaluation of Tender Tamarama Stormwater

Harvesting and Reuse Scheme (A02/0257) MOTION / DECISION Mover: Cr Kay Seconder: Cr Cusack That: 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council enters into a contract under Clause 178 of the Local Government (General) Regulation 2005 with SAS Water Solutions Pty Ltd for the construction of a stormwater harvesting and reuse scheme in Tamarama Park.

3. Council enters into a contract under Clause 178 of the Local Government (General) Regulation 2005 with Murphy McCarthy & Associates Pty Ltd for the construction of a gross pollutant trap in Phillip St Tamarama.

4. The unsuccessful tenderers be notified of the tender result.

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CM/10.2/15.06 CONFIDENTIAL REPORT – Evaluation of Tender – Bondi Pavilion Upgrade and Conservation Principal Design Consultant (PDC)

MOTION / DECISION Mover: Cr Clayton Seconder: Cr Betts That Council: 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council endorses the recommendation to enter into contract with the preferred tenderer,

Tonkin Zulaikha Greer (TZG) Pty Ltd for Principal Design Consultant services for the Bondi Pavilion Upgrade and Conservation.

3. Successful and unsuccessful tenderers be notified of the decision. CM/10.3/15.06 CONFIDENTIAL REPORT – Evaluation of Tender – Syd Einfeld Public Place

Cleansing (PPC) Works Depot Upgrade MOTION / DECISION Mover: Cr Burrill Seconder: Cr Goltsman That Council: 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council endorses the recommendation to enter into a contract with the preferred tenderer,

Patterson Building Group Pty Ltd, for the Syd Einfeld PPC Works Depot Upgrade. 3. Unsuccessful tenderers be notified of the decision. CM/10.4/15.06 CONFIDENTIAL REPORT – Fees and Charges 2015-2016 - Cemetery

MOTION / DECISION Mover: Cr Burrill Seconder: Cr Cusack That Council: 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council approves the attached fees and charges with business discretion for the Cemetery

Manager in consultation with the Executive Manager Clean & Attractive to vary any charge or service resulting from market performance indicators.

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CM/10.5/15.06 CONFIDENTIAL REPORT – Fees and Charges 2015-2016 – Commercial Waste

MOTION / DECISION Mover: Cr Cusack Seconder: Cr Burrill That Council: 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council adopts the proposed fees and charges for commercial waste services for 2016. CM/10.6/15.06 CONFIDENTIAL REPORT – Authorisation of community tenancy leases Cr Betts declared a significant non-pecuniary interest in this item and informed the meeting that she is on the Board of WAYS. Cr Betts relinquished the Chair and left the chamber. The Deputy Mayor assumed the Chair for this item. MOTION / DECISION Mover: Cr Clayton Seconder: Cr Goltsman 1. Treats the report as confidential in accordance with Section 11(3) of the Local Government Act

1993, as it relates to a matter specified in Section 10A(2) of the Local Government Act 1993. 2. Formally agrees to enter into lease agreements with the community tenant groups and the

respective rental calculations listed in Attachment 1 of the report. 3. Authorises the General Manager to finalise and execute the leases with all community tenants. 11. Resuming in Open Session CM/11.1/15.06 Resuming in Open Session (A02/0649) MOTION / DECISION Mover: Cr Cusack Seconder: Cr Burrill That Council resumes in Open Session. Council resumed in Open Session at 9.34 pm. Resolutions from Closed Session made public

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In accordance with Clause 253 of the Local Government (General) Regulation 2005, when the meeting resumed in open session the Chair announced the resolutions made by Council, including the names of the movers and seconders, while the meeting was closed to members of the public and the media. 12. Meeting Closure THE MEETING CLOSED AT 9.35 PM.

............................................................ SIGNED AND CONFIRMED MAYOR 21 JULY 2015

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Adoption of Minutes CM/4.4/15.07 Subject: Waverley Traffic Committee Meeting Minutes

– 25 June 2015

Trim File No.: A08/0077

Author: Richard Coelho, Governance Officer Director: Arthur Kyron, General Manager Recommendation: That Part 1 of the Minutes of the Waverley Traffic Committee Meeting held on 25 June 2015 be received and noted, and that the recommendations contained therein be adopted. Save and except the following: 1. ____________________________________________________________________________ 1. Executive Summary Part 1 of the Minutes of the Waverley Traffic Committee meeting held on 25 June 2015 is submitted to Council for adoption in accordance with section 18 of the Waverley Traffic Committee Charter. Council has the opportunity to ‘save and except’ any of the matters listed in Part 1 of the minutes for further consideration in accordance with section 18.1 of the Waverley Traffic Committee Charter. 2. Introduction/Background The Waverley Traffic Committee (WTC) is not a committee of Council. The WTC operates under delegation from the Roads and Maritime Services (RMS), an agency of the NSW Government. It is advisory only and has no decision-making powers. The purpose of the WTC is to make recommendations and provide advice to Council on the technical aspects of proposals to regulate traffic on local roads in Waverley. The recommendations of the WTC must be adopted by Council before they can be implemented 2.1 Relevant Council Resolutions There are no previous relevant Council resolutions on this matter. 3. Discussion Not applicable. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows:

Page 1

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Direction: G1 – Inspiring community leadership is achieved through decision-making processes that are open, transparent, corruption-resistant and based on sound integrated planning.

Strategy: G1a – Develop and maintain a framework of plans and policies that ensures open and transparent operations that facilitate equitable benefit sharing and progress towards sustainability.

Deliverable: Regular reporting to Council on progress with implementation of integrated corporate plans.

5. Financial impact statement/Timeframe/Consultation Financial impact statements, timeframes and consultation are detailed within the individual reports attached to the WTC meeting agenda. 6. Conclusion It is recommended that Part 1 of the minutes of WTC meetings be submitted to Council for adoption. 7. Attachments

1. Waverley Traffic Committee Meeting Minutes – 25 June 2015. 2. TL.01/15.06 – Macpherson Street, Bronte – Installation of No Stopping. 3. TL.02/15.06 – Beach Road, Bondi Beach – Temporary Road Closure.

Page 2

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MINUTES OF THE WAVERLEY TRAFFIC COMMITTEE MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON THURSDAY, 25 JUNE 2015

Voting Members Present: Cr T Kay Waverley Council (Chair) Ms K Cullen Roads and Maritime Services – Traffic Management (South) Sgt L Barrett NSW Police – Traffic Services, Eastern Suburbs Local Area Command Mr J Morrison Representing Gabrielle Upton, MP, Member for Vaucluse and also

representing Bruce Notley-Smith, MP, Member for Coogee Also Present: Mrs E Scott Waverley Council – Acting Executive Manager, Creating Waverley Mr E Graham Sydney Buses (Eastern Region) Mr G Garnsey Waverley Council – Manager, Transport and Development Mr K Wells Waverley Council – Traffic Engineer Cst D Gilchrist NSW Police – Traffic Services, Eastern Suburbs Local Area Command Administrative Support: Mr M Simmons Waverley Council – Secretary / Governance Officer At the commencement of proceedings at 10.19 am, those present were as listed above. 1. Apologies There were no Apologies. 2. Declarations of Interest There were no Declarations of Interest. 3. Adoption of Previous Minutes by Council – 28 May 2015 The recommendations contained in Part 1 – Matters Proposing that Council Exercise its Delegated Functions – of the Minutes of the Waverley Traffic Committee meeting held on 28 May 2015 were adopted by Council at its meeting on 16 June, 2015 with the following amendments:

Attachment 1

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1. TC.01/15.05 – Bondi Junction – Proposed introduction of 2P metered parking and changes parking meter operating times in Bondi Junction (A14/0540)

Council resolved to adopt the recommendation subject to Clause 3 being amended to read as follows:

3. Approves the trial implementation of the following Parking Restrictions:

(a) Oxford Street (between Denison Street and Newland Street): 1/2P 8am – 12noon, 2P 12noon – 7pm.

(b) Vernon Street 1/2P 8am – 12noon, 2P 12noon – 7pm. (c) Denison Street 1/2P 8am – 12noon, 2P 12 noon – 9pm.

2. TC.02/15.05 – Grafton Street, Bondi Junction – Changes to “Council Authorised Vehicles Excepted” Parking (A02/0637-02)

Council resolved that the recommendation of the Traffic Committee Meeting be amended so that it reads as follows: That Council:

1. Endorses only 65 metres, not 75 metres, of ‘ticketed parking Council authorised

vehicles excepted’ on the northern side of Grafton Street for the purposes of Council fleet vehicle parking for Council officers operating out of office space at 55 Grafton Street, Bondi Junction.

2. Implements the proposed parking restrictions as shown in Attachment 1 to the

report, subject to the following amendments:

(a) The 85 metres of ‘ticketed parking Resident Permit Holders Excepted’ remains unchanged.

(b) The 65 metres of ‘ticketed parking Council authorised vehicles excepted’ be

swapped with the 28 metres of ‘ticketed parking’.

3. TC.03/15.05 – Fletcher Street at Sandridge Street, Bondi – Proposed Roundabout (A03/0042)

Council resolved that the recommendation of the Traffic Committee Meeting be amended so that it reads as follows:

That the matter be deferred for:

1. Further discussion between Council, RMS, and Sydney Buses with regard to lane

widths, pedestrian islands, and traffic flow during high intensity events like Sculpture by the Sea, and

2. The impacted areas of the Bondi Beach and South Bondi/Watson precincts be

letterboxed to make a comment about the proposal, and so that their feedback and the petition against the proposed roundabout can be considered when the matter comes back as a further report to the Waverley Traffic Committee.

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Council Officer’s Proposal: That the Committee receives and notes this information.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s proposal be supported. Voting members present for this item: Representative of the Member for Coogee also representing the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). 3.1 Adoption of Previous Minutes by Council – 30 April 2015 – Bondi Junction Cycleway At its meeting on 19 May 2015 Council adopted the recommendations contained in Part 1 of the Minutes of the Special Meeting of the Waverley Traffic Committee held on 30 April 2015 with the following amendments:

Items TL.01/15.04S, TL.02/15.04S, TL.03/15.04S be referred to the Executive Manager, Creating Waverley, so as to give wider community, Councillor and professional consultation and serious consideration of alternative routes, and that a report comes back to Council. If needed, consultation be undertaken with Woollahra Council, and technical consideration be given to what use could be made of York Road North as an element of the bike lane.

Subsequently at its meeting on 16 June 2015 Council considered a motion to rescind this decision, and resolved the following: 1. The Recommendation of the Waverley Traffic Committee made at its Special Meeting on 30

April 2015 in relation to Item TL.01/15.04S – Bondi Junction Cycleway / Streetscape – Drawing L003 Revision D – Oxford Street, west of Denison Street to west of Ruthven Street be deferred until the results of the workshop to be held on Tuesday 30th June 2015 are known.

2. The Recommendation of the Waverley Traffic Committee made at its Special Meeting on 30

April 2015in relation to Item TL.02/15.04S – Bondi Junction Cycleway / Streetscape – Drawing L005 Revision D – Intersection of Spring Street and Denison Street be deferred until the results of the workshop to be held on Tuesday 30th June 2015 are known.

3. The Recommendation of the Waverley Traffic Committee made at its Special Meeting on 30

April 2015 in relation to Item TL.03/15.04S – Bondi Junction Cycleway / Streetscape – Drawing L008 Revision F attached to the WTC agenda and L008 Revision G tabled at the meeting – Intersection of Bronte Road and Spring Street be deferred until the results of the workshop to be held on Tuesday 30th June 2015 are known.

At that meeting Council further resolved to conduct a councillor workshop (referred to in clauses 1-3 above) to reassess the current route and all decisions made to date, and then determine whether any other Council resolutions need to be rescinded. Council Officer’s Proposal: That the Committee receives and notes this information.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s proposal be supported. Voting members present for this item: Representative of the Member for Coogee also representing

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the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair).

PART 1 – MATTERS PROPOSING THAT COUNCIL EXERCISE ITS DELEGATED FUNCTIONS

NOTE: The matters listed under this part of the Agenda propose that Council either does or does not exercise the traffic related functions delegated to it by the RMS. The recommendations made by the Committee under this part of the Agenda will be submitted to Council for adoption. TC STATE ELECTORATE OF COOGEE TC.01/15.06 St Marys Avenue – Extension of Resident Parking Area and Time Restricted Parking (A02/0638) Report dated 12 June 2015 from the Acting Executive Manager, Creating Waverley about proposed parking restrictions in St Marys Avenue, Bondi, associated with the construction of multipurpose sports courts in Waverley Park. Council Officer’s Proposal: That Council:

1. Receives and notes this report.

2. Signposts the proposed angle parking bays on the eastern side of St Marys Avenue as ‘2P 8AM-6PM MON-SAT’.

3. Extends the boundaries of the Area 24 resident parking scheme to include the eastern side of St Marys Avenue, Bondi.

4. Does not proceed with the installation of ‘1P 8AM-6PM MON-SAT PERMIT HOLDERS EXCEPTED AREA 24’ on the western side of St Marys Avenue

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the matter be deferred for further consultation with the residents of St Marys Avenue and a report come back to the July 2015 Waverley Traffic Committee. Voting members present for this item: Representative of the Member for Coogee, NSW Police representative, RMS representative and Waverley Council representative (Chair). TC.02/15.06 Birrell Street at St Marys Avenue, Bondi Junction – Installation of Yellow Edge Linemarking (A02/0637- 02) Report dated 15 June 2015 from the Acting Executive Manager, Creating Waverley about installing

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yellow edge linemarkings to improve sight distance and manoeuvrability at the intersection of Birrell Street and St Marys Avenue, Bondi Junction. Council Officer’s Proposal: That Council installs:

1. Yellow edge linemarking at the intersection of Birrell Street and St Marys Avenue, Bondi Junction:

a) 10m on the northern side of Birrell Street, west of St Marys Avenue,

b) 10 m on the northern side of Birrell Street, east of St Marys Avenue,

c) 10m on the western side of St Marys Avenue, north of Birrell Street, and

d) 3.4m on the eastern side of St Marys Avenue, north of Birrell Street, covering the kerb between the indented bay and the intersection.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be amended, so that it reads as follows: That: ‘No Stopping’ signs be installed at the intersection of Birrell Street and St Marys Avenue, Bondi Junction, due to the intersection being located within a designated school zone, as follows:

a) 10m on the northern side of Birrell Street, west of St Marys Avenue,

b) 10 m on the northern side of Birrell Street, east of St Marys Avenue,

c) 10m on the western side of St Marys Avenue, north of Birrell Street, and

d) 3.4m on the eastern side of St Marys Avenue, north of Birrell Street, covering the kerb between the indented bay and the intersection.

Voting members present for this item: Representative of the Member for Coogee, NSW Police representative, RMS representative and Waverley Council representative (Chair). TC.03/15.06 Bronte Road, Bronte – Removal of “P Motor Bikes Only” Zone (A02/0637- 02) Report dated 15 June 2015 from the Acting Executive Manager, Creating Waverley about removing the existing “P Motor Bikes Only” zone and replacing it with “No Parking” in Bronte Road, Bronte. Council Officer’s Proposal: That Council reverts the existing “P Motor Bikes Only” zone across the driveway to 439 and 441 Bronte Road to “No Parking”. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be amended, so that it reads as follows: That Council: 1. Reverts the existing “P Motor Bikes Only” zone across the driveway to 439 and 441 Bronte Road

to “No Parking”.

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2. Investigates the provision of “P Motor Bikes Only” parking in the general vicinity. Voting members present for this item: Representative of the Member for Coogee, NSW Police representative, RMS representative and Waverley Council representative (Chair). TC.04/15.06 Fletcher Street, Tamarama – ‘P DISABILITY ONLY’ Zone (A02/0273-02) Report dated 15 June 2015 from the Acting Executive Manager, Creating Waverley about the provision of a ‘P DISABILITY ONLY’ zones in Fletcher Street, Tamarama. Council Officer’s Proposal: That Council

1. Signposts ’90 degree angle parking, vehicles under 6m only’ to formalise the existing angle parking occurring in the paved area, southeast of the intersection of Fletcher Street and Wonderland Avenue, Tamarama.

2. Converts 3.2 m wide parking space, outside the frontage of 17 Fletcher Street, Tamarama, into ‘P DISABILITY ONLY’.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported. Voting members present for this item: Representative of the Member for Coogee, NSW Police representative, RMS representative and Waverley Council representative (Chair). TC.05/15.06 Walter Street, Bondi Junction – Proposed Change to Parking Restrictions (A02/0637-02) Report dated 15 June 2015 from the Acting Executive Manager, Creating Waverley about proposed changes to parking restrictions in Walter Street, Bondi Junction. Council Officer’s Proposal: That Council:

1. Receives and notes this report.

2. Changes the parking restrictions in Walter Street to ‘½P 8am-8pm Permit Holders Excepted Area 22’.

3. Notifies the residents of the street of the Council’s decision prior to installing the signs. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported. Voting members present for this item: Representative of the Member for Coogee, NSW Police representative, RMS representative and Waverley Council representative (Chair).

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TV STATE ELECTORATE OF VAUCLUSE TV.01/15.06 Onslow Place, Rose Bay – Footway Parking Scheme (A002/0637) Report dated 11 June 2015 from the Acting Executive Manager, Creating Waverley about the implementation of Footway Parking Scheme in Onslow Place, Rose Bay. Council Officer’s Proposal: That: 1. Subject to the completion of a road safety audit and there being no changes to the proposal,

Council approves the installation of a Footway Parking Scheme and 10 km/h Shared Zone in Onslow Place, Rose Bay.

2. Prior to implementing the proposal, affected residents be notified of the Council’s decision. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported, subject to the following changes: Clause 2 being amended to read as follows:

2. Prior to implementing the proposal, affected residents be consulted for further comment. The addition of Clause 3, to read as follows:

3. A further report be prepared for Part 2 of the July 2015 Waverley Traffic Committee Agenda.

Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TV.02/15.06 Roe Street, North Bondi – Construction Zone (A03/2514-04) Report dated 12 June 2015 from the Acting Executive Manager, Creating Waverley about a request for a Construction Zone in Roe Street, North Bondi. Council Officer’s Proposal: That Council:

1. Installs a 10 m long, ‘NO PARKING 7AM-5PM MON-FRI 8AM-3PM SAT COUNCIL AUTHORISED VEHICLES EXCEPTED’ zone outside 9 Roe Street, North Bondi for a period of 13 weeks.

2. Delegates Authority to the Executive Manager, Creating Waverley to extend the duration of the “Construction Zones” as necessary.

3. Will only consider reducing “Construction Zone” lengths on the grounds of safety. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported, subject to Clause 3 being amended to read as follows:

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3. Notes the “Construction Zone” length has been reduced to 10 m on the grounds of safety and access.

Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TV.03/15.06 Brighton Boulevard (East), North Bondi – Proposed Angle Parking (A02/0637-02) Report dated 15 June 2015 from the Acting Executive Manager, Creating Waverley about proposed changes to parking restrictions in Brighton Boulevard, North Bondi. Council Officer’s Proposal: That Council:

1. Installs ‘90 degree angle parking rear to kerb vehicles under 6m only’ signs on the northern side of Brighton Boulevard, North Bondi, outside 90-92 to 102 Brighton Boulevard, in addition to the existing ‘2P 8am-10pm permit holders excepted area 6’ restrictions;

2. Installs driveway lines 1 metre either side of the driveway to 92-96 Brighton Boulevard. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported, subject to being amended to read as follows: That, subject to consultation with the RMS and NSW Police regarding the left turn for south bound traffic on Campbell Parade, turning east into Brighton Boulevard, and a further report to the Waverley Traffic Committee, Council:

1. Approves the installation of ‘90 degree angle parking rear to kerb vehicles under 6m only’ signs on the northern side of Brighton Boulevard, North Bondi, outside 90-92 to 102 Brighton Boulevard, in addition to the existing ‘2P 8am-10pm permit holders excepted area 6’ restrictions.

2. Approves the installation of driveway lines 1 metre either side of the driveway to 92-96 Brighton Boulevard.

Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TV.04/15.06 O’Donnell Street, North Bondi – ‘P Motor Bikes Only’ Zone (A02/0637-2) Report dated 15 June 2015 from the Acting Executive Manager, Creating Waverley regarding the installation of ‘P Motor Bikes Only’ zone in O’Donnell Street, North Bondi. Council Officer’s Proposal: That Council installs 4.3 m of ‘P Motor Bikes Only’ between the two driveways of 118 O’Donnell Street, North Bondi. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be

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supported. Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TV.05/15.06 Bon Accord Avenue, Bondi Junction – Temporary Road Closure (A02/0216) Report dated 5 June 2015 from the Acting Executive Manager, Creating Waverley about an application for a temporary closure of Bon Accord Avenue, Bondi Junction, to hold the annual High Holydays event. Council Officer’s Proposal: That Council approves the closure of Bon Accord Avenue, Bondi Junction, as per the attached Transport Management Plan (TMP), subject to the following conditions:

1. Closures are to take place only during the following periods:

Monday, 14 September 2015 8.30am – 1.45pm

Tuesday, 15 September 2015 8.30am – 1.45pm

Tuesday, 22 September 2015 4.30pm – 10.15pm

Wednesday, 23 September 2015 8.30am – 8.00pm.

2. The Event Organiser shall:

provide public Liability Insurance for the event,

obtain NSW Police Force approval,

cover all costs associated with Traffic Control.

3. The Council shall:

consider all other impacts on the surrounding environment and issue a Schedule of Conditions, with additional conditions to be placed by the NSW Police Force and RMS,

submit a RMS TMP to the RMS for approval by the TMC,

notify the NSW Ambulance Service and NSW Fire & Rescue (Bondi, Woollahra & Randwick Fire Stations) seven days prior to the event,

notify local residents and businesses seven days prior to the event, and

only use RMS-accredited Traffic Controllers.

4. The Executive Manager, Creating Waverley and their representative(s) are Delegated Authority to:

inspect the TMP,

audit the implementation of the TMP, and

cancel this approval, without notice or refund.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported.

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Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TV.06/15.06 Macdonald Street, Vaucluse – No Stopping (A02/0637-2) Report dated 12 June 2015 from the Acting Executive Manager, Creating Waverley regarding the installation of a “No Stopping” zone in Macdonald Street, Vaucluse. Council Officer’s Proposal: That Council installs a “No Stopping” zone at the dead end of Macdonald Street, as shown in Figure 2 of the report. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported. Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TV.07/15.06 Simpson Street, North Bondi – ‘P Disability Only’ Zone (A02/0273-02) Report dated 9 June 2015 from the Acting Executive Manager, Creating Waverley about the provision of ‘P Disability Only’ zone in Simpson Street, North Bondi. Council Officer’s Proposal: That Council: 1. Installs a 5.5 m of ‘P Disability Only’ zone in Simpson Street, south of the “No Stopping” zone on

the southern side of the driveway to 333 Old South Head Road, North Bondi, subject to there being no strong objections being received from the residents of 333 Old South Head Road.

2. Notifies the residents of the unit block at No.333 Old South Head Road of the proposed changes

to parking and should no strong objections be received, proceed with installing the signs. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported. Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair). TCV ELECTORATES OF COOGEE AND VAUCLUSE TCV.01/15.06 City to Surf 2015 – Special Event with Temporary Road Closures (A02/0216) Report dated 4 June 2015 from the Acting Executive Manager, Creating Waverley about an application

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for a temporary closure of a number of roads in the Waverley Council Local Government Area, to hold the annual City to Surf Event. Council Officer’s Proposal: That Council approves the City to Surf 2015 event and associated road closures on Sunday, 9 August 2015, in accordance with the attached Transport Management Plan, subject to the following conditions: 1. Closures are to take place during the following periods:

5am to 7am Closure of Military Road, eastbound, between Old South Head Road and Wilfield Avenue. Closure of Military Road, between Blake Street and Lancaster Road, with local access from

the Blake Street and Lancaster Road ends. Military Road, northbound, between Wallis Parade and Blair Street. 7am to 2pm Complete closure of Military Road, between Old South Head Road and Blair Street,

including all side streets, with local access across Military Road at Liverpool Street. Military Road to re-open at Blair Street after last runner.

Closure of Oceanview Avenue, between Old South Head Road and Military Road, with local access from Old South Head Road.

Scarborough Crescent between Brighton Boulevard and Hastings Parade 7.30am to Last Runner Complete closure of Old South Head Road, between Village High Road and Military Road,

including all side streets. Young Street may be egressed to the north under Police supervision.

Closure of Old South Head Road, between Military Road and Oceanview Avenue, with local access from Oceanview Avenue end.

7am to 4pm Complete closure of Military Road, Campbell Parade and Bondi Road, between Blair Street

and Dudley Street, including all side streets, with local access across Military Road at Hastings Parade after last runner. Campbell Parade to open north of Curlewis Street after last runner. Notts Avenue may be egressed to the south under Police supervision. Sandridge Street may be egressed to the west at Bondi Road.

Closure of Beach Street, between Gould Street and Campbell Parade, with local access from Gould Street end.

Closure of Roscoe Street, between Gould Street and Gould Lane, with local access from Gould Street end.

Closure of Hall Street, eastbound, between Glenayr Avenue and Campbell Parade. Closure of Chambers Avenue, Consett Avenue and Jaques Avenue, between Lamrock

Avenue and Hall Street, with local access from Hall Street end. Closure of Lamrock Avenue, eastbound, between Knoll Avenue and Sir Thomas Mitchell

Road and Campbell Parade, buses excepted. Un-manned closure of Francis Street, eastbound, at Denham Street / Ormond Street. Un-manned closure of Wairoa Avenue, southbound, at Blair Street.

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Closure of Wairoa Avenue, between Wallis Parade and Hastings Parade, and between Hastings Parade and Brighton Boulevard.

Closure of Sandridge Street at Fletcher Street. Closure of Rowland Avenue at Fletcher Street. 7am to Last Runner Closure of Curlewis Street, between Gould Street and Campbell Parade, with local access

from Gould Street end. 9am to 2pm Barricade parking spaces on the southern side of Oxford Street, between Bondi Road and

Hollywood Avenue / Adelaide Street. 9am to TBA Closure of Grafton Street, westbound, buses excepted. Closure of Grosvenor Lane, between Newland Street and Grosvenor Street, with local

access from Newland Street end for deliveries and pickups only.

2. The Event Organiser shall: provide Public Liability Insurance for the event, obtain NSW Police Force approval, notify the State Transit Authority, NSW Ambulance Service and NSW Fire & Rescue (Bondi,

Woollahra & Randwick Fire Stations) seven days prior to the event, notify local residents and businesses seven days prior to the event, only use RMS-accredited Traffic Controllers, and cover all costs associated with Traffic Control.

3. The Council shall:

consider all other impacts on the surrounding environment and issue a Schedule of

Conditions, with additional conditions to be placed by the NSW Police Force and RMS.

4. The Executive Manager, Customer First and the Executive Manager, Creating Waverley and their representative(s) are Delegated Authority to: inspect the TMP, audit the implementation of the TMP, and cancel this approval, without notice or refund.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported. Voting members present for this item: Representative of the Member for Coogee also representing the member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair).

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TL ITEMS WITHOUT NOTICE TL.01/15.06 Macpherson Street, Bronte – Installation of No Stopping (A03/0042-04) Report dated 23 June 2015 from the Acting Executive Manager, Creating Waverley about the installation of parking restrictions on Macpherson Street, Bronte to facilitate pedestrian movements on Council’s ‘Green Links’ pedestrian paths. Council Officer’s Proposal: That Council:

1. Extends the existing No Stopping restrictions on the northern side of Macpherson Street (lower) by 5.9m to the west of Gardyne Street to create an 11.5m No Stopping restriction at the intersection.

2. Installs a 10m of No Stopping on the northern side of Macpherson Street (upper) at the stairs linking the upper and lower section of Macpherson Street, between Pembroke Street and Gardyne Street, on a temporary basis.

3. Delegates Authority to the Executive Manager, Creating Waverley to remove the temporary No Stopping signage when required.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported. Voting members present for this item: Representative of the Member for Coogee, NSW Police representative, RMS representative and Waverley Council representative (Chair). TL.02/15.06 Beach Road, Bondi Beach – Temporary Road Closure (A03/0042-04) Report dated 24 June 2015 from the Acting Executive Manager, Creating Waverley about the temporary full closure of Beach Road, Bondi Beach between Campbell Parade and Gould Street. Council Officer’s Proposal: That Council:

Approves the temporary closure of Beach Road between Campbell parade and Gould Street subject to the following conditions:

1. The closure is carried out between 6am and 6pm on Monday 27 July 2015, with an alternate date of Tuesday 28 July 2015.

2. Delivery Trucks are not permitted to queue on Councils Roads. Trucks not able to enter the site immediately shall be required to wait remote from the site and enter the area only when the closed section of Beach Road is clear for access.

3. All traffic control is to be in accordance with the RMS traffic control at worksites manual.

4. Approval for this road closure is sought from NSW Police.

5. The applicant is required to notify the Transport Management Centre (TMC) of the road closure.

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6. The applicant is required to obtain approval from RMS to alter the operation of the signalised intersection of Campbell Parade and Beach road for the duration of the road closure.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That the Council Officer’s Proposal be supported, subject to the amendment of Clause 1, so that it reads as follows:

1. The closure is carried out between 6am and 6pm on Saturday 25 July 2015, with an alternate date of Saturday 1 August 2015.

Voting members present for this item: Representative of the Member for Vaucluse, NSW Police representative, RMS representative and Waverley Council representative (Chair).

A O’Donnell (Lack Group Traffic Management) addressed the meeting.

THE MEETING CLOSED AT 11.42 AM

SIGNED AND CONFIRMED MAYOR 21 July 2015

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LATE REPORT TO WAVERLEY TRAFFIC COMMITTEE

Macpherson Street, Bronte – Installation of No Stopping (A03/0042-04) Report dated 23 June 2015 from the Executive Manager, Creating Waverley about the installation of parking restrictions on Macpherson Street, Bronte to facilitate pedestrian movements on Council’s ‘Green Links’ pedestrian paths. Council Officer’s Proposal: That Council:

1. Extends the existing No Stopping restrictions on the northern side of Macpherson Street (lower) by 5.9m to the west of Gardyne Street to create an 11.5m No Stopping restriction at the intersection.

2. Installs a 10m of No Stopping on the northern side of Macpherson Street (upper) at the stairs linking the upper and lower section of Macpherson Street, between Pembroke Street and Gardyne Street, on a temporary basis.

3. Delegates Authority to the Executive Manager, Creating Waverley to remove the temporary No Stopping signage when required.

Purpose of Report Council officers have identified two locations where parked vehicles are causing an obstruction to pedestrian movements on Macpherson Street, Bronte. Introduction As part of a programme to encourage walking in and around Waverley, Council have established Green Links, an integrated pedestrian network. One of these links is from Pembroke Street, to stairs between the upper and lower sections of Macpherson Street, then to Gardyne Street and on to Bronte Beach. Technical Analysis As part of the Green Links programme Council will install a kerb ramp on Macpherson Street (lower) to link the existing footpath on the west of Gardyne Street to the stairs between the split sections of Macpherson Street. The edge of the proposed kerb ramp will be 11.5m from the intersection of Gardyne Street. The current No Stopping restrictions on this section of Macpherson Street are 5.6m from the intersection of Gardyne Street. This distance does not cover the location of the proposed kerb ramp, allowing vehicles to park across the proposed pedestrian link. Extending the current restrictions by 5.9m to the west will keep the area clear of parked vehicles. The upper section of Macpherson Street was recently (2014) resurfaced. During this process some of the linemarking was removed and not completely reinstated. The section of Macpherson Street (upper) adjacent to the stairs was previously covered by a painted traffic island which made parking in this area illegal.

Attachment 2

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LATE REPORT TO WAVERLEY TRAFFIC COMMITTEE

As the linemarking is no longer in place it is no longer illegal to park in this location under the Australian road Rules. Council is currently investigating options for improvements to the bike route along Macpherson Street which will include the installation of linemarking. Should the island be reinstated in its previous position it is possible that it may have to be removed as part of a new linemarking scheme. As a temporary solution it is proposed to signpost a 10m No Stopping restriction to keep the access to the stairs clear of vehicles, until the investigation into the new linemarking can be implemented.

Figure 1. Aerial photo of Macpherson Street with Proposed No Stopping area Guidelines used: • Transport Administration Act 1988 • RMS’s Delegation to Councils; Regulation of Traffic • RMS’s Signs Database • [NSW] Road Rules 2008 Financial Information for Council’s Consideration If changes to signs are approved Council will supply and install the signs, to be funded from existing budgets. Emily Scott Executive Manager, Creating Waverley Author: Kyle Wells, Senior Engineer - Traffic

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75 GARDYNE STREET

75 GARDYNE STREET

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RELOCATED SIGN

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NEW HANDRAILFIXED TO WALL

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Consultant Company

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A. 55 Spring St, Bondi junction, Sydney, NSW, 2022

E. [email protected]

P. +612 9369 8159

W. www.wavery.nsw.gov.au

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EXISTING SERVICE PITS TO BE RETAINED.

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EXISTING TURF. MAKE GOODTT1

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REFER PLANTING PLAN XXXX

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EXISTING CONCRETE SURFACE

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NEW SANDSTONE BLOCKS. REFER DETAILXXXXNEW SANDSTONE BLOCK WALL.REFER DETAIL XXXX

ET1 STEEL EDGE. REFER DETAIL XXXX

NEW 50mm STEEL HANDRAIL FIXEDTO EXISTING WALL. REFER DETAIL XXXXHR

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LATE REPORT TO WAVERLEY TRAFFIC COMMITTEE

Beach Road, Bondi Beach – Temporary Road Closure (A03/0042-04) Report dated 24 June 2015 from the Acting Executive Manager, Creating Waverley about the temporary full closure of Beach Road, Bondi Beach between Campbell Parade and Gould Street. Council Officer’s Proposal: That Council:

Approves the temporary closure of Beach Road between Campbell parade and Gould Street subject to the following conditions –

1. The closure is carried out between 6am and 6pm on Monday 27 July 2015, with an alternate date of Tuesday 28 July 2015.

2. Delivery Trucks are not permitted to queue on Councils Roads. Trucks not able to enter the site immediately shall be required to wait remote from the site and enter the area only when the closed section of Beach Road is clear for access.

3. All traffic control is to be in accordance with the RMS traffic control at worksites manual.

4. Approval for this road closure is sought from NSW Police.

5. The applicant is required to notify the Transport Management Centre (TMC) of the road closure.

6. The applicant is required to obtain approval from RMS to alter the operation of the signalised intersection of Campbell Parade and Beach road for the duration of the road closure.

Purpose of Report Council have received a request from Lack Group traffic management to facilitate the removal of a tower crane at 182 Campbell Parade (The Swiss Grand). As this proposal involves the full closure of a road under Councils care it is being referred to the Traffic Committee for engineering advice. Introduction In April 2014 a tower crane was installed at 182 Campbell Parade to allow for the loading and unloading of goods from a construction zone on Beach Road, this removed the need for mobile cranes to stand on Council roads to deliver material to the site. The tower crane was installed using the same method and traffic control plan identified in this proposal.

Attachment 3

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LATE REPORT TO WAVERLEY TRAFFIC COMMITTEE

Technical Analysis The removal of the crane will require 16 articulated vehicles (19m semi trailers) to be reversed onto Beach Road under traffic control. In order to achieve this manoeuvre the a significant amount of parking on the western side of Gould Street between Beach Road and Curlewis Street will be temporally removed. This proposal will also require the removal of parking on Gould Street, between Glasgow Avenue and Beach Road. This parking is 2P 8am-10pm Permit Holders Excepted Area 8. The loss of parking associated with this proposal will result in a significant loss of parking for residents of area 8 for the day of the crane lift. Due to the size of the mobile crane required, and the location it must occupy to reach the tower crane there are limited alternatives available to permit access to the site.

Figure 1 - Aerial Image of site and surrounds Guidelines used: • Transport Administration Act 1988 • RMS’s Delegation to Councils; Regulation of Traffic • RMS’s Signs Database • [NSW] Road Rules 2008

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LATE REPORT TO WAVERLEY TRAFFIC COMMITTEE

Financial Information for Council’s Consideration The applicant will be required to compensate Council for the loss of parking during the deconstruction of the crane. There will be no cost to Council as a result of this proposal. Emily Scott Executive Manager, Creating Waverley Author: Kyle Wells, Senior Traffic Engineer

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www.invarion.com

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Mayoral Minutes CM/5/15.07 Subject: Mayoral Minutes

Author: Governance and Civic Mayoral minutes are permissible at Waverley Council meetings under the provisions of the Local Government (General) Regulation 2005 (NSW) and Council’s Code of Meeting Practice. Clause 243 of the Regulation and section 9.1 of the Code state the following:

If the mayor is the chairperson at a meeting of Council, the chairperson is, by minute signed by the chairperson, entitled to put to the meeting without notice any matter or topic that is within the jurisdiction of Council or of which Council has official knowledge. Such a minute, when put to the meeting, takes precedence over all business on Council’s agenda for the meeting. The chairperson (but only if the chairperson is the mayor) may move the adoption of the minute without the motion being seconded. A recommendation made in a minute of the chairperson (being the mayor) or in a report made by a Council employee is, so far as adopted by Council, a resolution of Council.

As noted in Council’s Code of Meeting Practice, mayoral minutes should not be used to introduce, without notice, matters that are routine, not urgent, or need research or a lot of consideration by councillors before coming to a decision. These types of matters would be better placed on the agenda, with the usual period of notice given to the councillors.

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Obituaries CM/6/15.07 Subject: Obituaries

Trim File No.: A02/0017

Author: Governance and Civic Peter Hilton Keith Gordon Bryn Williams Dawn (Christensen) Mould Andrew (Andy) Polivis Kevin Healey The Mayor will ask for any obituaries. Council will rise for a minute’s silence as a mark of respect for the deceased and for the souls of people generally who have died in our Local Government area. Recommendation: That a letter of sympathy be forwarded to the families of the deceased named, expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced.

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Report CM/7.1/15.07 Subject: Amendments to Operational Plan 2015/16

and Pricing Policy, Fees & Charges 2015/16

Trim File No.: A04/1776

Author: Teena Su, Acting Executive Manager, Financial Waverley Director: Arthur Kyron, General Manager Recommendation: That Council: 1. Amends the minimum residential rate charge adopted as part of the Operational Plan 2015/16

on 16 June 2015, from $580.55 to $594.48. 2. Includes the Waverley LGA, Rate Code Map at Attachment 1 in the adopted Operational Plan

2015/16. 3. Notes the adjustments to the Pricing Policy, Fees & Charges 2015/16 to the correct current

legislative fees, GST treatment and Pricing Policy principle’s codes, identified in Table 1 of this report.

4. Notes that these amendments do not affect the 2015/16 Budget. 5. Notes the actions taken by the General Manager to provide public notice of the errors in the

exhibited and adopted Operational Plan 2015/16. 1. Executive Summary At its meeting on 16 June 2015, Council adopted the draft Operational Plan 2015/16 and the draft Pricing Policy, Fees and Charges 2015/16. The draft Plan (that was exhibited in accordance with our legislative requirements), the report and the recommendation that was adopted included some administrative errors that need correcting prior to the issuing of the rates and the publication of the Pricing Policy. A Council resolution is required to correct these amendments as Section 377 of the Local Government Act 1993 prohibits Council delegating the making of a rate, the making of a charge or the fixing of a fee. The errors are:

(a) The minimum residential rate charge for 2015/16 adopted was $580.55 which was last

year’s rate. The permissible increase, as determined by the Minister for Local Government was not reflected correctly in the minimum residential rate charge in the Rate Structure. The correct amount is $594.48 per assessment. The 2015/16 rate revenue budget was however calculated based on the correct figure of $594.48 per assessment; therefore, no change is required to the overall 2015/16 budget.

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(b) The Rate Code Map on page 79 of the Operational Plan 2015/16 was omitted. This is a requirement of section 405 of the Local Government Act. The map should have been included in the Operational Plan for 2015/2016.

(c) Legislative fees for the Companion Animals Act on page 7, DA Advertising fees for developments on page 18 and Residential Flat Development fees on page 21 of the Pricing Policy, Fees & Charges 2015/16. These are listed in Table 1 below.

(d) Omission of the GST treatment and Pricing Policy principle’s codes for the Beach Parking Permits on page 30 and for the Use and Hire of Council Property section of the Pricing Policy, Fees & Charges 2015/16 between pages 42 to 53.

Public notice of the errors and the corrections has been given and any submissions received in response to that notice will be tabled at the meeting. At the time of writing this report, the deadline for the notice to be placed in the Wentworth Courier had passed, so the notice was placed in the Sydney Morning Herald. It was also placed on Council’s website. 2. Introduction/Background The purpose of this report is to:

• Amend the Operational Plan 2015/16 to correct the minimum residential rate charge and to include the Rate Code Map showing where the various rate charges will apply within the local government area.

• Make corrections to the Pricing Policy, Fees & Charges 2015/16 on the legislative

Companion Animals Act fees, DA Advertising fees, Residential Flat Development fees and include GST treatment and Pricing Policy principle’s codes, where omitted.

2.1 Relevant Council Resolutions

Council or Committee Meeting

& Date

Minute No.

Decision

Council Meeting 16 June 2015

CM/7.2/15.06 Draft Operational Plan 2015/16 and Draft Pricing Policy, Fees and Charges 2015/16 That Council: 1. Receives and notes the comments made in relation

to the draft Operational Plan 2015/16 and the draft Pricing Policy, Fees and Charges 2015/16, as outlined in Attachment 3.

2. Adopts the draft Operational Plan 2015/16 as marked up in Attachment 1, but subject to the changes in the table below, in accordance with Section 405 of the Local Government Act 1993.

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What Currently reads

Proposed Change

Justification

Page 114 Council agenda Direction L6 Strategy L6a Key activity 4

Develop Integrated Transport and Mobility study for the Waverley LGA

Delete activity and related deliverable.

Activity is duplicated and does not belong against this deliverable. Activity is addressed in L6b Key activity 1 as Waverley’s People Movement and Places Study. Deliverable is addressed in L6a deliverable 2.

Page 115 Council agenda Direction L6 Strategy L6b Key activity 1

Develop the Waverley’s People, Movement and Places Study for the Waverley LGA

Amend to: "Prepare the Waverley’s People, Movement and Places Study, incorporating the Interim Access Study for Bondi Beach."

Ensures that the Interim Access Study is performed at the appropriate time.

Page 115 Council agenda Direction L6 Strategy L6c Key activity 2

Prepare the Waverley’s People, Movement and Places Study

Delete

Activity is duplicated. Addressed in L6b Key activity 1.

Page 115 Council agenda Direction L6 Strategy L6d Key activity 2

Design Rowe Street development with direct pedestrian link to rail concourse commenced

Delete Activity is duplicated. Addressed in L8c Key activity.

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3. Adopts the Rating Structure for 2015/16 contained

on page 77 of the marked up version of the Operational Plan 2015-16 in attachment 1 together with the draft Pricing Policy, Fees and Charges 2015/16 as marked up in attachment 2 in accordance with Sections 497, 516, 518 , 529 (2)(d), 534, 535 and 548(3) of the Local Government Act (1993), make the following rates and charges for every parcel of rateable land within the Waverley Council Local Government Area for the period of 1 July 2015 to 30 June 2016 with the proposed amendments listed in attachment 3:

(a) That an ordinary rate of zero point one five

four six (0.1546) cents in the dollar subject to a minimum rate in accordance with Section 548(3) of the Act, of five hundred and eighty dollars and fifty five cents ($580.55) 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 2015 to 30 June 2016.

(b) That an ordinary rate of zero point seven

three one two (0.7312) 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 2015 to 30 June 2016.

(c) That an ordinary rate of one point zero six four zero (1.0640) 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 2015 to 30 June 2016.

(d) That in accordance with Section 496 of the Local Government Act (1993), the charge for the Domestic Waste Management Service is set at $484.00 per service per annum for the period 1 July 2015 to 30 June 2016.

4. Adopts the interest charge of eight point five

percent (8.5%) in accordance with the

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determination of the Minister of Local Government and Section 566(3) of the Local Government Act (1993) payable on overdue rates and charges for the period 1 July 2015 to 30 June 2016.

Council Meeting 21 April 2015

CM/7.7/15.04 Operational Plan 2015/2016 That Council agrees to place the draft Operational Plan 2015/2016 on public exhibition.

3. Discussion The Operational Plan To correct the error and omission within the Operational Plan, the Plan needs to be amended to provide for the following rate charge structure and the inclusion of the Rate Code Map showing where the various rate charges will apply within the local government area. The Map is Attachment 1 to this report.

Category

Sub Category

Number of

Assessments

Rate in the

Dollar

Minimum

Rate $

Estimated

Rates $

Residential

Ordinary

28,209

0.1546

$594.48**

$30,484,610

Business

Ordinary

957

0.7312

$5,080,770

Business

Bondi Junction

910

1.0640

$6,774,360

Total: $42,339,740

** Denotes a changed figure. The Pricing Policy, Fees & Charges To correct the errors and omissions within the Pricing Policy, Fees & Charges, the Policy needs to be amended to reflect the current legislative fees, GST treatment and Pricing Policy principle’s codes, as follows: Table 1

Integrated Plan Page Number

Item Recommended Amendment

Pricing Policy, Fees & Charges 2015/16

7 Companion Animal Act (per Regulation)

Dog or Cat Lifetime Registration Fees (non-desexed animal) from $188 to $192,

Desexed Dog or Cat from $51 to $52, Breeder concession from $51 to $52, Pensioner concession – for desexed

animal only from $20 to $21. Pricing Policy, Fees & Charges 2015/16

18 Additional Development Application Charges

(a) Advertising fee for developments requiring public advertising under

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(per Regulation) either the LEPs or DCPs be changed from $1,138 to Regulations.

Pricing Policy principle code for (a) Advertising fee for developments requiring public advertising under either the LEPs or DCPs be changed from B to F.

Pricing Policy, Fees & Charges 2015/16

19 Modifications to a Development Consent (per Regulation)

Pricing Policy principle code for all categories under this heading to display an F.

Pricing Policy, Fees & Charges 2015/16

21 Residential Flat Development (per Regulation)

Additional fee payable for development which is required to be referred to a design review panel from $824 to $760 in line with the regulative fee.

Pricing Policy principle code for Additional fee payable for development which is required to be referred to a design review panel to be changed from B to F.

Pre DA referrals to Design Review Panel from $824 to $760 in line with the current regulative fee.

Pricing Policy, Fees & Charges 2015/16

30 Parking Beach Parking Permits - GST treatment and Pricing Policy principle code to be shown.

Pricing Policy, Fees & Charges 2015/16

42 to 53 Use and Hire of Council Property

Use and Hire of Council Property - GST treatment and Pricing Policy principle code to be shown.

Pricing Policy, Fees & Charges 2015/16

40 Extra Charges Dishonoured Cheque fee from $50 to $15.

Adoption of this report is necessary to ensure the 2015/16 Rates can be levied and the Rates Notices can be served by 1 August 2015. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G1 – Inspiring community leadership is achieved through decision making

processes that are open, transparent, corruption resistant and based on sound integrated planning.

Strategy: G1a – Develop and maintain a framework of plans and policies that ensures open and transparent operations that facilitate equitable benefit sharing and progress towards sustainability.

Deliverable: A suite of integrated corporate plans that meet legislative requirements is developed and maintained.

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5. Financial impact statement/Timeframe/Consultation Financial Aside from those costs associated with staff time, the amendments to the Operational Plan and Pricing Policy, Fees & Charges have not incurred any costs. If the changes are not adopted, there will be a significant shortfall in Council’s revenue for the year. Timeframe Section 533 of the NSW Local Government Act sets the 31 July as the last date the Council can make a Rate or Charge for the 2015/16 financial year. It is therefore critical to have these corrections made at this Council meeting. Consultation Public notice of the errors and corrections has been given in the Sydney Morning Herald issued on 16 July 2015 and on Council’s website and any submissions received will be made available at the Council meeting 6. Conclusion The amendment to the Operational Plan 2015/16 in relation to rating will adjust the minimum residential rate to the permissible figure. Inclusion of the required Rate Code Map will now comply with the legislation. The amendments to the Pricing Policy, Fees & Charges 2015/16 will reflect the correct current legislative fees and provide the required GST treatment and Pricing Policy principle codes for fees. 7. Attachments

1. Waverley LGA 2015 Rate Code Map.

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Residential/Business - Ordinary

Business - Bondi Junction

2015 Rate Code Map

WAVERLEY LGA

Attachment 1

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Report CM/7.2/15.07 Subject: Councillors’ Fees – Local Government

Remuneration Tribunal Determination for 2015–16

Trim File No.: A03/1343

Author: Jane Worthy, Manager, Internal Ombudsman’s Office Director: Arthur Kyron, General Manager Recommendation: That Council: 1. Receives and notes this report and the attached determination from the Local Government

Remuneration Tribunal.

2. In accordance with the Local Government Remuneration Tribunal’s determination, endorses the annual fees for the year 1 July 2015 to 30 June 2016 as follows:

(a) All Councillors (including the Mayor) – $18,379.

(b) Mayor – $40,008 in addition to the Councillor fee.

(c) Deputy Mayor – $3,547 in addition to the Councillor fee, and that this amount be paid

from the fees paid to the Mayor. 1. Executive Summary The Local Government Remuneration Tribunal reviews the fees to be paid to Mayors and Councillors on an annual basis. The Tribunal has released its determination for the 2015-16 year recommending an increase of 2.5 percent to commence as of 1 July 2015. This will result in a $449 per annum increase for Councillors and a $1,427 per annum increase for the Mayor. This report recommends that councillors’ fees be increased in accordance with the Tribunal’s determination. 2. Introduction/Background The Tribunal’s report outlining the results of the 2015 review is attached to this report. The Tribunal has awarded an annual fee increase of 2.5 percent to be effective as of 1 July 2015. The Tribunal noted that it is required to have regard to the Government’s wages policy which currently provides for a cap on increases of 2.5 percent. Accordingly, the Tribunal ‘…reviewed the key economic indicators, including the Consumer Price Index and Wage Price Index, and finds that the full increase of 2.5 percent available is warranted’.

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2.1 Relevant Council Resolutions

Council or Committee Meeting & Date

Minute No.

Decision

Council Meeting 17 June 2014

CRD.33/14 That Council: 1. Receives and notes this report and the

attached determination from the Local Government Remuneration Tribunal.

2. In accordance with the Local Government Remuneration Tribunal’s determination, endorses the annual fees for the year 1 July 2014 to 30 June 2015 as follows: • All Councillors (including the Mayor) -

$17,930; • Mayor – $35,649 in addition to the

Councillor fee; • Deputy Mayor – $3,461 in addition to the

Councillor fee and that this amount be paid from the fees paid to the Mayor.

3. Provides a mechanism for Councillors who are

opposed to the increase to request Council donate the increase each month to a charity of their choice.

4. Receives a report by September 2014

indicating which Councillor(s) have elected to have the increase donated to charity.

3. Discussion In accordance with Section 248 of the Local Government Act, Council must pay Councillors an annual fee and this fee must be fixed annually taking into consideration the determination of the Local Government Remuneration Tribunal. The annual fees fixed by Council must be the same for each Councillor and be paid by monthly instalments in arrears. Under Section 249 of the Act, Council must pay the Mayor an annual fee which is in addition to the fee paid to the Councillors. In September 1998, Council set an annual fee for the Deputy Mayor which is set at 8.85% of the Mayoral Fee and this has been indexed in line with increases in the Mayoral fee determined by the Tribunal. The Deputy Mayor’s fees are deducted from the Mayor’s annual fees as the Act requires all fees payable to the Deputy Mayor to be deducted from the annual fee set for the Mayor. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows:

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Direction: G4 – Coordinated, efficient and effective services are delivered through the most appropriate agencies and partnerships.

Strategy: G4b – Provide a range of efficient and effective corporate support services. Deliverable: Professional and timely support and assistance to Councillors and meetings of

Council and Council committees. 5. Financial impact statement/Timeframe/Consultation The increase in councillors’ fees will result in a $449 per annum increase per councillor and a $1,427 per annum increase for the mayor, with a total increase in cost to Council of $6,366 per annum. The increase will be back-dated to take effect from 1 July 2015. 6. Conclusion In accordance with the Local Government Remuneration Tribunal’s determination it is recommended that the annual councillor fees for the year 1 July 2015 to 30 June 2016 are as follows:

(a) All Councillors (including the Mayor) – $18,379. (b) Mayor – $40,008 in addition to the Councillor fee. (c) Deputy Mayor – $3,547 in addition to the Councillor fee, and that this amount be paid

from the fees paid to the Mayor. 7. Attachments

1. Local Government Remuneration Tribunal Determination for 2015–16.

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NSW Remuneration Tribunals website

Local Government Remuneration

Tribunal

Annual Report and

Determination

Annual report and determination under sections 239 and 241 of the Local Government Act 1993

13 April 2015

Attachment 1

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Contents Contents __________________________________________________________________ 1

Introduction _______________________________________________________________ 2

Section 1 Background _____________________________________________________ 2

Section 2 Local Government Reform _________________________________________ 3

Section 3 2015 Review ____________________________________________________ 6

Scope of the Review - Categories __________________________________________________ 6

Submissions Received ___________________________________________________________ 7

Tribunal’s Findings _____________________________________________________________ 10

Section 4 Determinations _________________________________________________ 14

Determination No. 1- Determination Pursuant to Section 239 of Categories of Councils and County Councils Effective From 1 July 2015 _________________________________________ 14

Table 1: General Purpose Councils ______________________________________________________ 14 Table 2: County Councils ______________________________________________________________ 16

Determination No. 2- Determination Pursuant to Section 241 of Fees for Councillors and Mayors ____________________________________________________________________________ 17

Table 3: Fees for General Purpose and County Councils _______________________________________ 17

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Introduction 1. The role of Local Government Remuneration Tribunal (the Tribunal), pursuant to

section 235 of the Local Government Act 1993 (the LG Act) was undertaken by Ms Helen

Wright from 13 December 2006 until the expiration of her appointment on 30 June

2014. The Tribunal wishes to express its appreciation of Ms Wright’s contributions over

those years.

2. On 4 February 2015, Dr Robert Lang was appointed to the role of Tribunal pursuant to

section 235 of the LG Act and Mr Ian Reynolds was appointed to the role of Assessor

assisting the Tribunal pursuant to section 236 (1) (b) of the LG Act. The role of Assessor

assisting the Tribunal pursuant to 236 (1) (a) has been undertaken by Mr Steve Orr,

Acting CEO, Office of Local Government, Department of Planning and Environment.

Section 1 Background 3. Pursuant to section 239 of the LG Act the Tribunal determines the categories of councils

and mayoral offices and the allocation of each council and mayoral office into one of

those categories.

4. Pursuant to section 241 of the LG Act the Tribunal determines in each category of

council, the maximum and minimum amount of fees to be paid to mayors and

councillors of councils, as well as chairpersons and members of county councils.

5. In determining the maximum and minimum fees payable to each of the categories, the

Tribunal is required, pursuant to section 242A of the LG Act, to give effect to the same

policies on increases in remuneration as those that the Industrial Relations Commission

is required to give effect to under section 146C of the Industrial Relations Act 1996 (IR

Act), when making or varying awards or orders relating to the conditions of

employment of public sector employees.

6. The current policy on wages pursuant to section 146(1)(a) of the IR Act is articulated in

the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014

(Regulation). The effect of the Regulation is that public sector wages cannot increase by

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more than 2.5 per cent, and this includes the maximum and minimum fees payable to

councillors and mayors.

7. The former Tribunal’s Report and Determination of 2014 provided a general increase of

2.5 per cent which was consistent with the Government’s policy on wages.

Section 2 Local Government Reform 8. Local government in NSW has been the subject of a significant reform agenda driven by

the need to change. This has been supported by Local Government NSW (LGNSW) and

the State Government. The process of creating a strong and viable local government

sector began with the Destination 2036 summit held in 2011. The outcome was the

“Destination 2036 Action Plan” which identified 12 major initiatives to create a strong

local government sector.

9. In 2012 the then Minister for Local Government appointed an Independent Local

Government Review Panel (Panel) to formulate options for governance models,

structures and boundary changes to improve the strength and effectiveness of local

government and to help drive the strategic directions set out in the Destination 2036

Action Plan. The Local Government Acts Taskforce (Taskforce) was also appointed to

review the LG Act and the City of Sydney Act 1988.

10. Following an extensive consultation program with stakeholders across NSW during 2012

and 2013 the final reports of the Panel and the Taskforce were released in October

2013. As outlined in the Tribunal’s 2014 determination these reports make a broad

range of recommendations which, if adopted in full or in part, could deliver significant

reforms across local government in NSW.

11. The Government’s response to the recommendations of the Panel and the Taskforce

was released in September 2014 – ‘Fit for the Future, NSW Government Response’.

12. The Tribunal notes that the Panel has made a number of comments in relation to the

adequacy of the existing remuneration arrangements and has proposed structural

changes which may have an impact on the roles and responsibilities of councillors and

mayors. Suggested changes include amendments to the LG Act to provide greater clarity

in relation to the role of councillors and mayors. It has been proposed that in larger

councils and in major regional councils, the role of mayor, and in some instances that of

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the deputy mayor, should be expanded to a full time office and remunerated

accordingly.

13. The Government has supported these changes in principle, noting in their response:

“Stronger political leadership and effective representation are essential to strengthen local communities. In developing a new Local Government Act, the Government will consider how to embed these principles and achieve these outcomes.

In time for the next local government elections in 2016, the Government will:

• Amend the legislated role of councillors and mayors to provide greater clarity generally in accordance with the Panel’s recommendations

• Introduce minimum two year terms and compulsory voting in mayoral elections for mayors elected by councillors, to facilitate leadership stability.”

In response to whether the role of mayor should be full time the Government advised:

“The Government recognises the important role of the Mayor in providing leadership to the council and the community. It recognises that the role of Mayor will inevitably vary given the size of the council and the nature of the community and believes it is for the council to determine the appropriate time required to fulfil this important strategic role.”

14. The Panel also suggested that professional development programs be made available to

councillors and that remuneration should be increased in recognition of enhanced skills.

15. The Government has not supported the Panel’s recommendation that councillors and

mayors who successfully complete recognised professional development programs

receive increased remuneration. In response to that recommendation the Government

advised:

“The Government recognises the dedication of councillors across NSW to their local council and their communities and supports councillors receiving a fair level of remuneration, which reflects the nature of the role and the communities’ expectations of prudent use of ratepayer funds.

The Government believes an independent process, currently undertaken by the Independent Remuneration Tribunal, provides a fair means of setting councillor remuneration, with the current criteria taking into account, among other things, the size and the significance of the council.

The Minister for Local Government will ask the Tribunal to give further consideration to the criteria to better reflect the objectives of local government

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reform with a focus on those councils that have made the necessary changes to become “Fit for the Future”.

The Government also believes that professional development, particularly for new councillors but importantly for all councillors, is essential for being an effective councillor rather than a justification for increasing councillor remuneration and expects all councils to have in place a professional development program for councillors.”

16. In providing their response the Government also announced a package of support to

strengthen communities and support councils to become Fit for the Future.

17. The Government intends to provide funding of up to $1 billion to help NSW councils

become Fit for the Future. The Fit for the Future package includes:

• $258 million to assist councils who decide to merge and make the changes

needed to provide better services to communities;

• Potential savings of up to $600 million from cheaper finance for Fit for the Future

councils to invest in local infrastructure;

• Up to $100 million savings through reductions in red tape and duplications;

• Improvements to the local government system, including the laws that govern it,

the way the State works with councils and the support that councils receive.

18. As part of a broad range of local government initiatives, councils have been asked to

assess their current situation and consider the future needs of its community. The Panel

recommended a range of structures for councils across NSW, based on the Panel’s

extensive consultation and research. Those options include:

• voluntary mergers

• forming regional joint organisations

• a new model for the far west

• a rural council option

19. Councils have been asked to prepare a roadmap for becoming Fit for the Future. The

Roadmap is to address the viability of introducing one of the structures proposed

having regard to:

• scale and capacity

• sustainability

• efficiency, and

• effective services and infrastructure.

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20. Councils have been asked to assess their current position and submit a Fit for the Future

proposal by 30 June 2015. The proposals will be assessed by an independent expert

panel which will make recommendations to the Minister for Local Government. It is

expected that from October 2015 Fit for the Future councils will commence the

implementation of their proposals.

21. The Tribunal also notes that a new local government act is expected to be introduced

following the local government elections in September 2016.

Section 3 2015 Review

Scope of the Review - Categories

22. Section 239 of the LG Act requires the Tribunal to determine the categories of councils

and mayoral offices at least once every 3 years. In accordance with the Act, the Tribunal

has reviewed the categories as part of the 2015 annual review.

23. Pursuant to section 240 of the Act the Tribunal is required to determine categories

according to the following matters:

“240 (1)

• the size of areas

• the physical terrain of areas

• the population of areas and the distribution of the population

• the nature and volume of business dealt with by each Council

• the nature and extent of the development of areas

• the diversity of communities served

• the regional, national and international significance of the Council

• such matters as the Remuneration Tribunal considers relevant to the provision

of efficient and effective local government

• such other matters as may be prescribed by the regulations. “

24. The former Tribunal undertook a fundamental review of the categories in 2012. In

undertaking that review, the former Tribunal found that there was no strong case to

significantly alter the current categories of councillor or mayoral office or to move

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individual councils between categories. The Tribunal notes that since 2012 there has

been no reduction in the number of councils or significant changes to local government

boundaries but significant progress has been made by the Government, LGNSW and

local councils in progressing the reform process.

25. In reviewing the categories for 2015 the Tribunal considers the current reform

initiatives, in particular Fit for the Future, to be relevant to the provision of efficient and

effective local government.

26. On 4 March 2015, the Tribunal wrote to all mayors advising of the commencement of

the 2015 Annual Review. The Tribunal invited submissions from councils as to whether

Fit for the Future councils should be recognised in any future or alternative

categorisation model. This proposal was consistent with the Government’s response to

the recommendations of the Panel. The Tribunal also wrote to the President of LGNSW

in similar terms, and subsequently met with the President and Chief Executive of

LGNSW. The Tribunal wishes to place on record its appreciation to the President and

Chief Executive for meeting with the Tribunal.

Submissions Received

27. In response to this review the Tribunal received 15 submissions from individual councils

and a submission from LGNSW. The key points from those submissions are summarised

below.

Local Government NSW

28. The association’s view is that a wholesale review of the categories is not practical until

the conclusion of the Fit for the Future proposal and approval period and therefore a

detailed analysis of the factors set out in Section 240 of the Act was not included in

their submission.

29. However, the association has requested that a new category of ‘Peri-Urban’ be created

to contain those councils that occupy a landscape on a major city fringe that is neither

fully urban nor completely rural. Councils that would fit into this new category include

Wollondilly and Hawkesbury River councils.

30. Given the statutory limitations in place LGNSW has also requested that councillor and

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mayoral fees be increased by the full 2.5 percent for 2015/16. LGNSW continues to

advocate that councillors face an immense task juggling council workload, family

responsibilities as well as paid work and such a significant time involvement is not

appropriately recompensed through the current remuneration levels. The roles of

councillor and mayor have expanded due to the introduction of new forms of strategic

and corporate planning and, more recently, additional workloads are attributable to Fit

for the Future and Joint Organisation pilots.

Major City

31. Wollongong City Council has sought the inclusion of transitional remuneration

arrangements in this year’s determination, rather than future determinations, to reflect

extra responsibilities being undertaken through Fit for the Future and as a Pilot Joint

Organisation. The Council argues that this was articulated and acknowledged in

discussions concerning the scope and structure of Joint Organisations during workshops

facilitated by the Office of Local Government.

Metropolitan Major

32. Penrith City Council has sought re-categorisation to Major City in view of the Council’s

identified role as a regional city for North Western Sydney and its expanding regional

role for housing, transport, jobs and services. The Council supports a future

categorisation model that provides a bonus or incentives for those councils that

successfully demonstrate ongoing sustainability through their Fit for the Future

proposals and Improvement Plans.

Metropolitan Centre

33. Submissions were received from Liverpool City Council, Sutherland Shire Council, The

Hills Shire Council and Wyong Shire Council. All councils in this group have sought re-

categorisation to a higher group.

34. Liverpool City Council has sought re-categorisation to either Metropolitan Major as a

minimum or Major City. The Council argues that its similarities with Penrith City Council

and Parramatta City Council support a consistent categorisation with either of these

councils.

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35. The Hills Council argues that the current categorisation system does not recognise the

complexities faced by Councillors in ‘growth’ councils. The Council also notes that it has

a similar population and growth forecast to Penrith City Council which is in the

Metropolitan Major category.

36. Wyong Shire Council has sought re-categorisation to Metropolitan Major on the basis

that its functions are parallel to councils in that category.

37. Sutherland Shire Council has sought re-categorisation to Metropolitan Major and

argues that it compares with Penrith City Council and Blacktown City Council which are

categorised as Metropolitan Major.

Metropolitan

38. Submissions were received from Pittwater Council and Camden Council.

39. Pittwater Council has requested the Tribunal to make appropriate representations for

changes to legislation to require councils to pay compulsory employer superannuation

contributions for councillors. Under current law councillors are not deemed employees

of a council and employer superannuation contributions are not required.

40. Camden Council has sought re-categorisation to Metropolitan Centre or alternatively to

a new category for growth centres. Camden is a major growth centre and expects

exponential growth over the next 25 years with a significant increase in population and

dwellings and related increases to the Council’s staffing, budget, services and

councillors’ workloads and obligations.

Regional Rural

41. Individual submissions were received from Albury City Council, Bathurst Regional

Council, Bega Valley Shire Council and Hawkesbury City Council.

42. Albury City Council has requested that the Tribunal consider the provision of a deputy

mayoral allowance in the fee structure noting that this may require a change to the LG

Act. The experience of Albury City Council is that there are an increasing number of civic

commitments on the mayor averaging five or more per week with the deputy mayor

often required to assist in these matters.

43. Bathurst Regional Council has sought an increase of fees to reflect the increased role

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and responsibilities that councillors undertake.

44. Bega Valley Shire Council argue that the current remuneration levels are a barrier to

many younger and working people standing for election. Also, the Council requests that

any proposed categorisation model recognising Fit for the Future status should

recognise not only councils that intend to amalgamate but also councils which

participate in Joint Regional Organisations.

45. Hawkesbury City Council has sought re-categorisation to a higher or new category on

the basis that it is different to other councils in Regional Rural.

Rural

46. Forbes Shire Council has sought an additional increase above 2.5% to account for the

additional complexity and time obligations that are over and above councillors’ business

as usual work, as a result of the Integrated Planning and Reporting Framework,

Independent Panels review report and Fit for the Future.

Tribunal’s Findings

Categorisation

47. The Tribunal has reviewed the existing categories and finds that no change is warranted

at this time. While LGNSW have put forward a proposal to create a new “peri urban”

category, any consideration of new categories is not considered appropriate at this time

given the current reform agenda. It is probable, should Fit for the Future initiatives

proceed, that the structure of local government in NSW will change over the next few

years. Any future Tribunal will need to consider categorisation based on the structure

and composition of councils in NSW at that time.

48. The Tribunal has also considered those requests for re-categorisation from individual

councils as outlined in the submissions. The Tribunal finds that the current

categorisation of individual councils is appropriate at this time and no changes are

warranted.

49. In making submissions councils were also asked to comment on whether Fit for the

Future councils should be recognised in any future or alternative categorisation model.

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50. In seeking these views the Tribunal acknowledged that a number of Fit for the Future

milestones will not be achieved prior to the Tribunal making its determination. The

Tribunal’s intention was to seek preliminary views on what factors should inform any

future categorisation model, should changes to the structure of local government occur

following the implementation of Fit of the Future. The Tribunal notes the preliminary

view of LGNSW that any new set of factors for describing council categories should be

capable of being applied to all councils rather than segregating councils based on their

Fit for the Future status. LGNSW went on to acknowledge that, should the NSW local

government sector undergo transition, in addition to revising the factors already

prescribed by the Act that there will be a need to develop contemporary factors that

recognise progressive change at the council level.

51. A number of submissions also raised with the Tribunal the additional work associated

with participating in Fit for the Future and other reform initiatives, including work

associated with the Integrated Planning and Reporting Framework and participation in

Pilot Joint Organisations of Councils. The Tribunal acknowledges the significant work

that has been undertaken by the Office of Local Government, LGNSW and individual

councils in driving reform across the sector but considers that this does not warrant re-

categorisation of councils at this time.

52. The Tribunal has not formed a view on any future categorisation framework at this

point in time. While the Panel has proposed a number of alternative models for the

governance of communities in NSW, any proposed changes will not be known until after

the release of the Fit for the Future findings later in 2015.

53. Based on the existing Fit for the Future timeframes, the Tribunal may need to consider a

revised categorisation model, including the fees that apply to those categories, during

the 2016 annual review. Should the structure of any council areas in NSW change

before then, the Minister for Local Government may direct the Tribunal to make a

special determination to alter the existing determination to take account of any new

arrangements.

54. The Tribunal is of the view that significant changes should prompt a revision of the

criteria for determining categories and fees. Any new categorisation model may need to

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have regard to a broader or different set of criteria than those currently provided for in

section 240 of the LG Act.

55. In reviewing the LG Act the Government may wish to consider the range of factors any

future Tribunal should have regard to in determining categories. As one example, the

Government has released “A Plan for Growing Sydney” that will guide land use planning

decisions in Metropolitan Sydney for the next 20 years. The Greater Sydney

Commission will work with local councils to implement growth and infrastructure plans.

The expertise and work load expected of councillors and mayors with responsibilities

associated with “A Plan for Growing Sydney” may be factors which the Tribunal should

have regard to in determining categorisation and remuneration. The Tribunal expects

that similar pressures will be placed on rural and regional councils to drive economic

and social growth throughout NSW.

56. The Tribunal also notes that any revision to the fees as a result of any new

categorisation model would need to balance the need to attract and retain experienced

and capable elected representatives with the ability of councils to afford any potential

increases. While money is not the primary motivator for undertaking public office, fees

should adequately recognise the roles and responsibilities of councillors and mayors

and assist in attracting suitably qualified and experienced candidates.

57. Finally, the Tribunal notes that it has received legal advice which would suggest that any

re-categorisation of an existing council, which would have the effect of increasing the

employee related costs in respect of those councillors by more than 2.5 per cent may

contravene the intent of section 242A of the LG Act. This would appear to limit the

Tribunal’s ability to undertake its independent statutory functions. While the Tribunal

has decided not to re-categorise any of the existing councils as part of this review, the

ability of the Tribunal to determine revised categories or fees for a future local

government structure may be limited by the scope of the existing legislation. The

Tribunal will write to the Minister for Local Government to seek advice on this matter.

Fees

58. The Tribunal notes the comments made in submissions in regard to the payment of fees

for deputy mayors. As noted by the former Tribunal the LG Act prevents the Tribunal

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from determining any fees for deputy mayors. The Government may wish to consider

this matter in its review of the LG Act.

59. The Tribunal is required to have regard to the Government’s wages policy when

determining the increase to apply to the maximum and minimum fees that apply to the

councillors and mayors. The public sector wages policy currently provides for a cap on

increases of 2.5 per cent.

60. The Tribunal has reviewed the key economic indicators, including the Consumer Price

Index and Wage Price Index, and finds that the full increase of 2.5 per cent available to

it is warranted. On that basis, having regard to the above, and after taking the views of

the Assessors into account, the Tribunal considers that an increase of 2.5 per cent in the

maximum and minimum fee for each category of councillor and mayoral office,

including county councils, is appropriate and so determines.

The Local Government Remuneration Tribunal

Dr Robert Lang

Dated: 13 April 2015

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Section 4 Determinations

Determination No. 1- Determination Pursuant to Section 239 of

Categories of Councils and County Councils Effective From 1 July 2015

Table 1: General Purpose Councils

Table 1: General Purpose Councils (152)

Category Council

Principal City (1) Sydney

Major City (3) Newcastle Parramatta Wollongong

Metropolitan Major (2) Blacktown Penrith

Metropolitan Centre (16) Bankstown Liverpool Campbelltown North Sydney Fairfield Randwick Gosford Ryde The Hills Sutherland Hornsby Warringah Hurstville Willoughby Lake Macquarie Wyong

Metropolitan (21) Ashfield Lane Cove Auburn Leichhardt Botany Manly Burwood Marrickville Camden Mosman Canada Bay Pittwater Canterbury Rockdale Holroyd Strathfield Hunters Hill Waverley Kogarah Woollahra Ku-ring-gai

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Table 1: General Purpose Councils (152)

Category Council

Regional Rural (32) Albury Greater Taree Armidale Dumaresq Griffith Ballina Hawkesbury Bathurst Kempsey Bega Valley Lismore Blue Mountains Maitland Broken Hill Orange Byron Port Macquarie-Hastings Cessnock Port Stephens Clarence Valley Shellharbour Coffs Harbour Shoalhaven Dubbo Tamworth Eurobodalla Tweed Great Lakes Wagga Wagga Goulburn Mulwaree Wingecarribee Queanbeyan Wollondilly

Rural (77) Balranald Gloucester Narromine Bellingen Greater Hume Palerang Berrigan Gundagai Parkes Bland Gunnedah Oberon Blayney Guyra Richmond Valley Bogan Gwydir Singleton Bombala Harden Snowy River Boorowa Hay Temora Bourke Inverell Tenterfield Brewarrina Jerilderie Tumbarumba Cabonne Junee Tumut Carrathool Kiama Upper Hunter Central Darling Kyogle Upper Lachlan Cobar Lachlan Uralla Conargo Leeton Urana Coolamon Lithgow Wakool Cooma-Monaro Liverpool Plains Walcha Coonamble Lockhart Walgett Cootamundra Mid-Western Warren Corowa Moree Plains Warrumbungle Cowra Murray Weddin Deniliquin Murrumbidgee Wellington Dungog Muswellbrook Wentworth Forbes Nambucca Yass Valley Gilgandra Narrabri Young Glen Innes Severn Narrandera

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Table 2: County Councils

Table 2: County Councils (14)

Category Council

Water (5) Central Tablelands Goldenfields Water MidCoast Riverina Water Rous

Other (9) Castlereagh – Macquarie Central Murray Far North Coast Hawkesbury River New England Tablelands Richmond River Southern Slopes Upper Hunter Upper Macquarie

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Determination No. 2- Determination Pursuant to Section 241 of Fees

for Councillors and Mayors

Pursuant to s.241 of the Local Government Act 1993, the annual fees to be paid in each of

the categories to Councillors, Mayors, Members and Chairpersons of County Councils

effective on and from 1 July 2015 are determined as follows:

Table 3: Fees for General Purpose and County Councils

Table 3: Fees for General Purpose and County Councils

Category Councillor/Member

Annual Fee

Mayor/Chairperson

Additional Fee

Minimum Maximum Minimum Maximum

General Purpose Councils

Principal City 25,040 36,720 153,200 201,580

Major City 16,690 27,550 35,470 80,260

Metropolitan Major 16,690 27,550 35,470 80,260

Metropolitan Centre 12,520 23,370 26,600 62,090

Metropolitan 8,330 18,380 17,740 40,090

Regional Rural 8,330 18,380 17,740 40,090

Rural 8,330 11,010 8,860 24,030

County Councils

Water 1,660 9,180 3,550 15,080

Other 1,660 5,490 3,550 10,020

*This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member (s.249(2)).

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The Local Government Remuneration Tribunal

Dr Robert Lang

Dated: 13 April 2015

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Report CM/7.3/15.07 Subject: Investment Portfolio Report – May 2015

Trim File No.: A03/2211

Author: Teena Su, Acting Executive Manager Financial Waverley Director: Arthur Kyron, General Manager Recommendation: That Council: 1. Receives the Investment Portfolio Report – May 2015. 2. Notes 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 Ministerial Investment Orders and Council’s Investment Policy.

1. Executive Summary For May 2015 Council’s investment portfolio generated $396,603 of interest receipts. The financial year to date figure now sits at $2,273,177. The interest on investment budget for the 2014 / 2015 Financial Year was revised in the 1st Quarter review and is now set at $2,197,840. The interest income for the month of $396,603 is 18.05% of the forecasted $2,197,840 million and the year to date amount of $2,273,177 represents 103.43% of the forecasted budget. These figures therefore show Council’s investment income has grown above the forecasted budget. The investment portfolio Budget was reduced in the 1st quarter review due to the delay in the settlement of the sale of the Zetland Depot.

Original 2014/2015 budget

1st Quarter review adjustment Reason Current budget

amount 2014/2015

3,080,190 -882,350

Delayed settlement on receipt of Woollahra’s share of land and build costs of AIF new facility.

2,197,840

The table below illustrates therefore the monthly interest income received by Council and how this tracks against the original budget and the budget following this first quarter adjustment.

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2. Introduction/Background Clause 212 of the Local Government (General) Regulation requires that Council be provided with a written report setting out details of all money that the Council has invested under section 625 of the Local Government Act 1993 and certifying that these investments have been made in accordance with the Act, regulations, Ministerial Investment Orders and Council’s Investment Policy. 2.1 Relevant Council Resolutions A report on Council’s investments is provided to Council on a monthly basis. 3. Discussion Interest Income – Current Month For the month of May 2015 Council’s cash investment portfolio generated interest earnings of $396,603 or 18.05% of the full year revised budget of $2,197,840. The amount of income generated year to date is tracking well and has exceeded the annual budget with a one month of interest receipts remaining. Council’s investment portfolio posted a Marked-to-Market return in May of 3.41% pa versus the bank bill index benchmark return of 2.38% pa. Based on the ‘yield only’ calculation (Weighted Return of Investments) the portfolio posted a return of 3.21% pa. The 3.41% Marked-to-Market return is a calculated figure supplied by our external independent investment advisors. It is derived by discounting future cash flows by the bank bill swap rate (adjusted for the bank’s credit rating), to gain a net present value of the investments and in turn an annual rate of return. In the instance of the interest rate being higher than the adjusted swap rate, the annual rate of return is skewed by investments made within that period, as the margin produces an inflated net present value which unwinds as the investment advances to maturity. This therefore adversely affects the performance calculation in later months despite no impact on actual interest earned.

Original Budget

($)

Actual Monthly

($)

Actual YTD ($)

Tracking Original Budget

Tracking Q1 Amended Budget

Tracking Q2 Amended Budget

Tracking Q3 Amended Budget

July 3,080,190 104,676 104,676 3.40% 4.76% - - Aug 3,080,190 233,808 338,484 7.59% 10.64% - - Sept 3,080,190 129,411 467,895 4.20% 5.89% - - Q1 Adj -882,350 - Oct 2,197,840 122,519 590,414 3.98% 5.57% - - Nov 2,197,840 189,124 779,538 6.14% 8.60% - - Dec 2,197,840 130,838 910,376 4.25% 5.95% - - Q2 Adj - Jan 2,197,840 117,142 1,027,518 3.80% 5.33% - - Feb 2,197,840 236,542 1,264,060 7.68% 10.76% - - Mar 2,197,840 211,786 1,475,846 6.88% 9.64% - - Q3 Adj Apr 2,197,840 400,728 1,876,574 13.01% 18.23% - - May 2,197,840 396,603 2,273,177 12.88% 18.05%

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For the financial year to date, Council’s investment portfolio has exceeded the bank bill index benchmark by 1.40%pa (4.04% vs 2.64% pa). Portfolio Value Council’s investment portfolio, as at 31 May 2015, has a current market value of $133,267,513 which represents a premium of $1,508,148 above the $131,759,365 face value of the portfolio with the portfolio generating a 3.07% average purchase yield. The table below provides a summary by investment (asset) type.

Asset Group Face Value Current

Market Value $

Gain/(Loss)

Average Purchase

Yield Capital Protected Notes $2,000,000 $1,975,200 ($24,800) 0.00% Fixed Rate Bonds $1,500,000 $1,613,922 $113,922 6.00% Cash Accounts $7,155,329 $7,155,329 $0 1.85% Floating Rate Notes $10,000,000 $10,100,197 $100,197 3.43% Managed Funds $9,304,036 $9,304,036 $0 2.46% Term Deposits $101,800,000 $103,118,829 $1,318,829 3.20% $131,759,365 $133,267,513 $1,508,148 3.07%

Per the table above, Council has $2,000,000 invested in Asset Group - Capital Protected Notes which presently has a market value below the face value. This represents a single investment that is due to mature in October 2015 and being capital protected, Council will receive the full $2,000,000 face value of the investment, upon maturity. Analysis Attached to this report is the Waverley Council – Summary of Investment Portfolio, as prepared by Council’s independent financial advisor, Prudential Investment Services Corp, for the period ending 31 May 2015. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G5 – Waverley is financially sustainable with the revenue and resources required

to support implementation of the community’s plans and to provide the infrastructure performance and services our community needs.

Strategy: G5a - Promote and advocate the provision of financial reporting systems in an accurate, timely, transparent and honest manner to ensure sustainability of public assets and resources.

Deliverable: Financial advice and coordination to ensure Council meets overall budget performance targets provided.

Including achievement of the stated benchmark measure ‘Rate of return on cash exceeds Bloomberg Bank Bill Index’ as illustrated in the table below:

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Month Portfolio Last 12 months %

Benchmark Last 12 months %

Variance %

Jun-14 3.84 2.71 1.12 Jul-14 3.50 2.74 0.76 Aug-14 4.19 2.70 1.48 Sep-14 2.52 2.55 -0.03 Oct-14 3.40 2.76 0.64 Nov-14 3.70 2.77 0.93 Dec-14 3.58 2.76 0.81 Jan-15 3.85 3.00 0.85 Feb-15 3.77 2.76 1.01 Mar-15 11.32 2.44 8.88 Apr-15 1.32 2.21 -0.88 May-15 3.41 2.38 1.02 Average % return Over the last 12 months

4.02 2.65 1.37

5. Financial impact statement/Timeframe/Consultation At this stage, Council has achieved budget for the 2014/15 year with one month of interest receipts outstanding. A review of the final position will be presented once the final year to date figures are complete. This report has been prepared in consultation with Council’s Management and Systems Accountant, Revenue Accountant and independent financial advisers, Prudential Investment Services Corp. 6. Conclusion Council’s investment portfolio has achieved $396,603 in interest receipts for the month of May 2015, and for the financial year to 31 May 2015, $2,273,177. 7. Attachments

1. Waverley Council Investment Portfolio Report 31 May 2015.

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Investment Summary ReportMay 2015

Page 1 of 12.Waverley Council - Investment Summary Report

Attachment 1

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Investment Holdings

Face Value ($) Current Value ($) Current Yield (%)

Alternative Investment 2,000,000.00 1,975,200.00 0.0000 0

Bonds 1,500,000.00 1,613,921.54 6.0000 0

Cash 7,155,329.13 7,155,329.13 1.8500 0

Floating Rate Note 10,000,000.00 10,100,197.18 3.4318 0

Managed Funds 9,304,036.14 9,304,036.14 2.4621 0

Term Deposit 101,800,000.00 103,118,828.69 3.2023 2

131,759,365.27 133,267,512.68 3.0773 3

Investment Performance

Jun

14

Jul

14

Au

g 1

4

Se

p 1

4

Oct

14

No

v 1

4

De

c 1

4

Jan

15

Fe

b 1

5

Ma

r 1

5

Ap

r 1

5

Ma

y 1

5

0%

3%

6%

9%

12%

15%

Portfolio Annualised Return Bloomberg BB Index Annualised Return

`

Total Credit Exposure

% of portfolio

0% 20 40 60 80 100

BBB

A A-2

A-1 A-1+ AA MF

BBB

A A-2

A-1 A-1+ AA MF

Investment Policy Limit Portfolio Exposure

Investment Policy Compliance

Highest Individual Exposures

% used vs Investment Policy Limit

B&A

BoQ

WBC

NAB

CBA

0% 20 40 60 80 100

`

Term to Maturities

Face Value ($) Policy Max

01. Cash to 1 year 83,259,365.27 63% 100%

02. 1 year to 3 years 43,500,000.00 33% 50%

03. 3 years to 10 years 5,000,000.00 4% 30%

131,759,365.27

Waverley Council

Executive Summary

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Cash Accounts

FaceValue ($)

CurrentYield

InstitutionCreditRating

CurrentValue ($)

Deal No. Reference

3,230,000.00 1.8500% Commonwealth Bank of Australia A-1+ 3,230,000.00 120789 24hr Call

952,511.27 1.8500% Commonwealth Bank of Australia A-1+ 952,511.27 120794 General Funds

33,442.83 1.8500% Commonwealth Bank of Australia A-1+ 33,442.83 120795 Trust Funds

2,130,631.54 1.8500% Commonwealth Bank of Australia A-1+ 2,130,631.54 120796 Cemetery Funds

745,070.39 1.8500% Commonwealth Bank of Australia A-1+ 745,070.39 120797 Depositor Funds

4,748.11 1.8500% Commonwealth Bank of Australia A-1+ 4,748.11 120799 Denison St CP

20,381.87 1.8500% Commonwealth Bank of Australia A-1+ 20,381.87 120800 Eastgate CP

10,385.14 1.8500% Commonwealth Bank of Australia A-1+ 10,385.14 120801 Hollywood Av CP

28,157.98 1.8500% Commonwealth Bank of Australia A-1+ 28,157.98 370151 Library Gift

7,155,329.13 1.8500% 7,155,329.13

Managed Funds

FaceValue ($)

CurrentYield

InstitutionCreditRating

Fund NameCurrent

Value ($)Deal No. Reference

2,300,382.10 1.9001% New South Wales T-Corp MF Strategic Cash Facility 2,300,382.10 411310 Builder Deposits

7,003,654.04 2.6467% New South Wales T-Corp MF Cash Facility 7,003,654.04 505262

9,304,036.14 2.4621% 9,304,036.14

Term Deposits

MaturityDate

FaceValue ($)

Rate InstitutionCreditRating

PurchasePrice ($)

PurchaseDate

CurrentValue ($)

Deal No.Accrued

Interest ($)Coupon

FrequencyReference

10-Jun-15 2,500,000.00 3.1000% Bankwest A-1+ 2,500,000.00 5-Mar-15 2,519,210.40 503052 18,684.93 AtMaturity

12-Jun-15 2,000,000.00 3.8500% Westpac Group A-1+ 2,000,000.00 12-Jun-14 2,075,630.00 461203 74,679.45 AtMaturity

17-Jun-15 2,500,000.00 3.5000% National Australia Bank A-1+ 2,500,000.00 17-Nov-14 2,548,438.33 497171 46,986.30 AtMaturity

24-Jun-15 3,000,000.00 3.2500% Westpac Group A-1+ 3,000,000.00 19-Mar-15 3,021,919.16 503195 19,767.12 AtMaturity

1-Jul-15 3,000,000.00 3.2500% Westpac Group A-1+ 3,000,000.00 24-Mar-15 3,021,288.22 503245 18,431.51 AtMaturity

22-Jul-15 1,500,000.00 3.1000% National Australia Bank A-1+ 1,500,000.00 19-Feb-15 1,514,995.39 502191 12,994.52 AtMaturity

17-Aug-15 3,500,000.00 3.0400% Commonwealth Bank of Australia A-1+ 3,500,000.00 19-Mar-15 3,528,043.50 503180 21,571.51 AtMaturity

Waverley Council

Investment Holdings Report

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Term Deposits

MaturityDate

FaceValue ($)

Rate InstitutionCreditRating

PurchasePrice ($)

PurchaseDate

CurrentValue ($)

Deal No.Accrued

Interest ($)Coupon

FrequencyReference

19-Aug-15 2,500,000.00 3.5200% National Australia Bank A-1+ 2,500,000.00 19-Nov-14 2,553,949.25 497191 46,772.60 AtMaturity21-Sep-15 3,000,000.00 3.1500% Bank of Queensland A-2 3,000,000.00 19-Mar-15 3,025,039.69 503193 19,158.90 AtMaturity

30-Sep-15 3,000,000.00 3.1000% Bank of Queensland A-2 3,000,000.00 24-Mar-15 3,023,451.26 503241 17,580.82 AtMaturity

19-Oct-15 3,000,000.00 3.1200% Commonwealth Bank of Australia A-1+ 3,000,000.00 19-Mar-15 3,029,368.56 503181 18,976.44 AtMaturity

19-Nov-15 3,000,000.00 3.1000% Commonwealth Bank of Australia A-1+ 3,000,000.00 19-Mar-15 3,030,745.99 503182 18,854.79 AtMaturity

21-Dec-15 3,000,000.00 3.0700% Commonwealth Bank of Australia A-1+ 3,000,000.00 19-Mar-15 3,031,951.87 503183 18,672.33 AtMaturity

30-Dec-15 3,000,000.00 3.0500% Commonwealth Bank of Australia A-1+ 3,000,000.00 24-Mar-15 3,030,792.91 503244 17,297.26 AtMaturity

19-Jan-16 2,000,000.00 3.0600% Commonwealth Bank of Australia A-1+ 2,000,000.00 19-Mar-15 2,022,294.98 503184 12,407.67 AtMaturity

19-Feb-16 2,000,000.00 3.0500% Commonwealth Bank of Australia A-1+ 2,000,000.00 19-Mar-15 2,023,316.61 503185 12,367.12 AtMaturity

17-Mar-16 2,500,000.00 3.0800% National Australia Bank A-1+ 2,500,000.00 17-Mar-15 2,531,567.01 503171 16,032.88 AtMaturity

21-Mar-16 3,000,000.00 3.3000% Westpac Group A-1+ 3,000,000.00 19-Mar-15 3,044,151.55 503194 20,071.23 AtMaturity

21-Mar-16 9,000,000.00 3.3000% Westpac Group A-1+ 9,000,000.00 20-Mar-15 9,131,655.55 503204 59,400.00 Annually

30-Mar-16 3,000,000.00 3.3000% Westpac Group A-1+ 3,000,000.00 24-Mar-15 3,043,537.18 503246 18,715.07 Annually

19-May-16 1,800,000.00 3.9500% Bank of Queensland A-2 1,800,000.00 21-May-14 1,821,472.32 452102 2,142.74 Annually

23-May-16 3,000,000.00 4.5500% Westpac Group A-1+ 3,000,000.00 23-May-13 3,067,660.17 389922 3,365.75 Annually

20-Jun-16 9,000,000.00 3.0600% Commonwealth Bank of Australia AA- 9,000,000.00 20-Mar-15 9,120,478.86 503205 55,080.00 SemiAnnually

29-Jun-16 3,000,000.00 3.0100% National Australia Bank AA- 3,000,000.00 24-Mar-15 3,037,005.75 503242 17,070.41 Annually

23-Aug-16 4,000,000.00 2.9500% National Australia Bank AA- 4,000,000.00 25-May-15 4,027,631.94 505252 2,263.01 Annually

20-Sep-16 9,000,000.00 3.0500% National Australia Bank AA- 9,000,000.00 20-Mar-15 9,124,245.60 503202 54,900.00 Annually

28-Sep-16 3,000,000.00 3.0100% National Australia Bank AA- 3,000,000.00 24-Mar-15 3,038,818.28 503243 17,070.41 Annually

20-Dec-16 4,500,000.00 3.0500% National Australia Bank AA- 4,500,000.00 20-Mar-15 4,564,852.96 503203 27,450.00 Annually

20-Dec-16 4,500,000.00 3.0400% Commonwealth Bank of Australia AA- 4,500,000.00 20-Mar-15 4,565,315.40 503206 27,360.00 SemiAnnually

101,800,000.00 3.2023% 101,800,000.00 103,118,828.69 716,124.79

Waverley Council

Investment Holdings Report

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Floating Rate Notes

MaturityDate

FaceValue ($)

CurrentCoupon

Security NameCreditRating

PurchasePrice ($)

PurchaseDate

CurrentValue ($)

Deal No.Accrued

Interest ($)

NextCoupon

DateReference

28-Nov-16 2,000,000.00 3.3967% ME Bank Snr FRN (Nov16) BBSW+1.25% BBB+ 2,000,000.00 28-Nov-13 2,014,984.48 402974 744.48 28-Aug-15

17-May-17 3,000,000.00 3.3383% BEN Snr FRN (May17) BBSW+1.20% A- 3,007,948.76 12-Sep-13 3,035,671.33 398449 3,841.33 17-Aug-15

14-Nov-18 2,000,000.00 3.4150% BEN Snr FRN (Nov18) BBSW+1.27% A- 2,004,260.00 5-Feb-14 2,033,448.22 420520 3,368.22 14-Aug-15

7-Apr-20 3,000,000.00 3.5600% NPBS Snr FRN (Apr20) BBSW+1.35% BBB+ 3,000,000.00 7-Apr-15 3,016,093.15 504013 16,093.15 7-Jul-15

10,000,000.00 3.4318% 10,012,208.76 10,100,197.18 24,047.18

Fixed Rate Bonds

MaturityDate

FaceValue ($)

Coupon Security NameCreditRating

PurchasePrice ($)

PurchaseDate

CurrentValue ($)

Deal No.Accrued

Interest ($)Purchase

YieldReference

15-Feb-17 1,500,000.00 6.0000% NAB Snr Bond (Feb17) 6.00% AA- 1,483,470.00 15-Feb-12 1,613,921.54 336188 25,961.54 6.2601%

1,500,000.00 1,483,470.00 1,613,921.54 25,961.54 6.2601%

Alternative Investments

MaturityDate

FaceValue ($)

Security NameCreditRating

PurchasePrice ($)

PurchaseDate

CurrentValue ($)

Deal No. Reference

30-Oct-15 2,000,000.00 Octagon Limited Series 2005-3 EMU A-1 2,000,000.00 1-Nov-05 1,975,200.00 218055

2,000,000.00 2,000,000.00 1,975,200.00

Waverley Council

Investment Holdings Report

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Annualised Monthly Return (Marked to Market)

Jun

14

Jul

14

Au

g 1

4

Se

p 1

4

Oct

14

No

v 1

4

De

c 1

4

Jan

15

Fe

b 1

5

Ma

r 1

5

Ap

r 1

5

Ma

y 1

5

0.00%

3.00%

6.00%

9.00%

12.00%

15.00%

Portfolio Annualised Return Bloomberg BB Index Annualised Return

Historical Performance SummaryPortfolio Bloomberg BB Index Outperformance

May 2015 3.41% 2.38% 1.02%

Last 3 Months 5.31% 2.35% 2.96%

Last 6 Months 4.52% 2.59% 1.93%

Financial Year to Date 4.04% 2.64% 1.40%

Last 12 months 4.02% 2.65% 1.37%

Waverley CouncilInvestment Performance Report

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Total Credit Exposure

% of portfolio

0% 20% 40% 60% 80% 100%

BBB

A A-2

A-1 A-1+ AA MF

BBB

A A-2

A-1 A-1+ AA MF

Investment Policy Limit Portfolio Exposure

CreditRating

FaceValue ($)

PolicyMax

Long Term AA 38,500,000

Short Term A-1 2,000,000

Short Term A-1+ 64,155,329

Short Term MF 9,304,036

113,959,365 86% 100% a

Long Term A 5,000,000

Short Term A-2 7,800,000

12,800,000 10% 30% a

Long Term BBB 5,000,000

5,000,000 4% 20% a

131,759,365 100%

a = compliantr = non-compliant

Individual Institutional Exposures

% used vs Investment Policy Limit

BEN

BoQ

WBC

NAB

CBA

0% 19 38 57 76 95

Parent Group% used vsInvestmentPolicy Limit

Commonwealth Bank of Australia 92% a

National Australia Bank 74% a

Westpac Group 56% a

Bank Of Queensland 39% a

Bendigo and Adelaide Bank 25% a

Newcastle Permanent Building Society 23% a

Members Equity Bank 15% a

New South Wales T-Corp 7% a

Octagon Limited Series 2005-3 EMU 6% a

Term to Maturities

Portfolio Exposure

3 to 10yrs

1 to 3yrs

0 to 1yr

0% 20 40 60 80 100

Portfolio Exposure Investment Policy Limit

Maturity ProfileFace

Value ($)Policy

Max

Between 0 to 1 Year 83,259,365 63% 100% a

Between 1 Year and 3 Years 43,500,000 33% 50% a

Between 3 Years and 10 Years 5,000,000 4% 30% a

Total 131,759,365

Detailed Maturity ProfileFace

Value ($)

01. Less Than 30 Days 26,459,365 20%

02. Between 30 Days and 60 Days 4,500,000 3%

03. Between 60 Days and 90 Days 6,000,000 5%

04. Between 90 Days and 180 Days 14,000,000 11%

05. Between 180 Days and 365 Days 32,300,000 25%

06. Between 365 Days and 3 Years 43,500,000 33%

07. Between 3 Years and 5 Years 5,000,000 4%

Total 131,759,365 100%

Waverley CouncilInvestment Policy Compliance Report

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Counterparty Limits

Borrower Credit Rating Type Credit Rating Amount Invested ($) Amount Allowed ($) Amount Available ($)

Bank Of Queensland Short Term A-2 7,800,000 19,763,905 11,963,905

Total 7,800,000 11,963,905

Bendigo and Adelaide Bank Long Term A 5,000,000 19,763,905 14,763,905

Total 5,000,000 14,763,905

Commonwealth Bank of Australia Short Term A-1+ 29,155,329 46,115,778 3,460,449

Long Term AA 13,500,000 32,939,841 3,460,449

Total 42,655,329 3,460,449

Members Equity Bank Long Term BBB 2,000,000 13,175,937 11,175,937

Total 2,000,000 11,175,937

National Australia Bank Short Term A-1+ 9,000,000 46,115,778 12,115,778

Long Term AA 25,000,000 32,939,841 7,939,841

Total 34,000,000 7,939,841

New South Wales T-Corp Short Term MF 9,304,036 131,759,365 122,455,329

Total 9,304,036 122,455,329

Newcastle Permanent Building Society Long Term BBB 3,000,000 13,175,937 10,175,937

Total 3,000,000 10,175,937

Octagon Limited Series 2005-3 EMU Short Term A-1 2,000,000 32,939,841 30,939,841

Total 2,000,000 30,939,841

Westpac Group Short Term A-1+ 26,000,000 46,115,778 20,115,778

Total 26,000,000 20,115,778

131,759,365

Waverley Council

Individual Credit Limit Report

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Total Portfolio Exposure

6%Bank Of Queensland

4%Bendigo and Adelaide Bank

32%Commonwealth Bank of Australia

26%National Australia Bank

7%New South Wales T-Corp

5%Other

20%Westpac Group

Waverley Council

Individual Credit Limit Report

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Current Month Cashflows

Transaction Date Deal No. Cashflow Counterparty Asset Type Cashflow Description Cashflow Received

6-May-15 504042 ME Bank Term Deposits Interest - Received 19,945.21

ME Bank Term Deposits Maturity Face Value - Received 2,500,000.00

Deal Total 2,519,945.21

Day Total 2,519,945.21

13-May-15 497141 Bank of Queensland Term Deposits Interest - Received 43,767.12

Bank of Queensland Term Deposits Maturity Face Value - Received 2,500,000.00

Deal Total 2,543,767.12

Day Total 2,543,767.12

14-May-15 420520 Bendigo and Adelaide Bank Floating Rate Note Coupon - Received 17,137.81

Deal Total 17,137.81

Day Total 17,137.81

18-May-15 398449 Bendigo and Adelaide Bank Floating Rate Note Coupon - Received 26,038.36

Deal Total 26,038.36

Day Total 26,038.36

21-May-15 389615 Westpac Group Term Deposits Interest - Received 174,000.00

Westpac Group Term Deposits Maturity Face Value - Received 4,000,000.00

Deal Total 4,174,000.00

452102 Bank of Queensland Term Deposits Interest - Received 71,100.00

Deal Total 71,100.00

Day Total 4,245,100.00

23-May-15 389922 Westpac Group Term Deposits Interest - Received 136,500.00

Deal Total 136,500.00

Day Total 136,500.00

25-May-15 505252 National Australia Bank Term Deposits Settlement Face Value - Paid -4,000,000.00

Deal Total -4,000,000.00

Day Total -4,000,000.00

28-May-15 402974 ME Bank Floating Rate Note Coupon - Received 17,630.14

Deal Total 17,630.14

Waverley CouncilCash Flows Report

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Current Month Cashflows

Transaction Date Deal No. Cashflow Counterparty Asset Type Cashflow Description Cashflow Received

497282 Bank of Queensland Term Deposits Interest - Received 44,010.27

Bank of Queensland Term Deposits Maturity Face Value - Received 2,500,000.00

Deal Total 2,544,010.27

Day Total 2,561,640.41

Net Cash Movement for Period 8,050,128.90

Next Month Cashflows

Transaction Date Deal No. Cashflow Counterparty Asset Type Cashflow Description Cashflow Due

10-Jun-15 503052 Bankwest Term Deposit Interest - Received 20,595.89

Bankwest Term Deposit Maturity Face Value - Received 2,500,000.00

Deal Total 2,520,595.89

Day Total 2,520,595.89

12-Jun-15 461203 Westpac Group Term Deposit Interest - Received 77,000.00

Westpac Group Term Deposit Maturity Face Value - Received 2,000,000.00

Deal Total 2,077,000.00

Day Total 2,077,000.00

17-Jun-15 497171 National Australia Bank Term Deposit Interest - Received 50,821.92

National Australia Bank Term Deposit Maturity Face Value - Received 2,500,000.00

Deal Total 2,550,821.92

Day Total 2,550,821.92

24-Jun-15 503195 Westpac Group Term Deposit Interest - Received 25,910.96

Westpac Group Term Deposit Maturity Face Value - Received 3,000,000.00

Deal Total 3,025,910.96

Day Total 3,025,910.96

Net Cash Movement for Period 10,174,328.77

Waverley CouncilCash Flows Report

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Transaction Date

Ca

sh

flo

w

Jun 1

5

Jul 15

Aug 1

5

Sep

15

Oct

15

Nov

15

Dec

15

Jan 1

6

Feb 1

6

Mar

16

Apr

16

May 1

6

Jun 1

6

Jul 16

Aug 1

6

Sep

16

Oct

16

Nov

16

Dec

16

Jan 1

7

Feb 1

7

Mar

17

Apr

17

May 1

7

0

5,000,000

10,000,000

15,000,000

20,000,000

Waverley CouncilCash Flows Report

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Council Meeting 21 July 2015

Report CM/7.4/15.07 Subject: Bronte House – Draft Plan of Management

Trim File No.: A02/0250-03

Author: John Andrews, Property Consultant Director: Cathy Henderson, Waverley Life Recommendation: That Council: 1. Approves the Draft Plan of Management for Bronte House (2015) for the purposes of public

exhibition, including the following appendices:

(a) General guidelines for the maintenance of historic houses. (b) The Land Deposited Plan 632454 (c) Site maps of Bronte House and grounds (d) Condition and Dilapidation Report, Clive Lucas, Stapleton & Partners Pty Ltd (9 March

2015). (e) Aboriginal site survey study, prepared in December 2014 by Dominic Steele Consulting

Archaeology. (f) Bronte House Conservation Management Plan 2014, prepared by Clive Lucas, Stapleton

& Partners Pty Ltd. (g) Bronte House Garden Report and Landscape Plan 2015, prepared by Place That Plant Pty

Ltd

2. Endorses the public exhibition of the draft plan in accordance with the required statutory period of 28 days, with a report to Council coming back after that date.

1. Executive Summary Following extensive refurbishment of Bronte House in 2014, the search for a new tenant is now underway. The current Bronte House Plan of Management (POM) was compiled in 2007 and required revision to reflect a number of changes to the management of the property including:

• Changed conditions for lease of the property • A new Conservation Management Plan • A Bronte House Aboriginal Study. • A condition audits on the house and garden

The Plan of Management has been reviewed and updated to reflect those changes and Council is asked to approve the revised plan and its appendices, and agree to public exhibition of the revised plan.

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Council Meeting 21 July 2015

2. Introduction/Background The purpose of the Bronte House POM is to manage the property, particularly with regard to Waverley Council lease arrangements and heritage requirements. Refurbishment of the house in 2014 has enabled changes to lease conditions for new tenants and required a revision of the Plan of Management. The current Plan of Management has been reviewed and revised with a new introduction and purpose statement. 2.1 Relevant Council Resolutions

Council or Committee

Meeting & Date

Minute No.

Decision

Council Meeting 21 April 2015

CM/7.8/15.04 1. That Council endorses the Aboriginal study prepared for Bronte House and its immediate grounds.

2. That the Aboriginal study prepared for Bronte House and its immediate grounds is published on the Waverley Council website.

Operations Committee Meeting 4 November 2014

OC/5.2/14.11 That: 1. Council endorses the engagement of a consultant

to prepare an Aboriginal study for Bronte House and its immediate grounds to be read in conjunction with the Bronte House Conservation Management Plan.

2. Contribution from the Aboriginal Torres Strait Islander Community, the La Perouse Local Aboriginal Land Council and Eastern Region Local Government Aboriginal Torres Strait Islander Forum be gathered by the Consultant and included in the Bronte House and Immediate Grounds Aboriginal Study report back to Council.

Operations Committee Meeting 2 September 2014

OCRD.25/14 That: 1. The Bronte House Conservation Management Plan

be adopted subject to the following modifications:-

[…detailed modifications listed (a) – (e)]

2. The adopted Bronte House Conservation Management Plan be:

(a) Submitted as a final copy to the Heritage Division (Office of Environment and Heritage).

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Council Meeting 21 July 2015

Council or Committee

Meeting & Date

Minute No.

Decision

(b) Published on the Waverley Council website.

3. Subsequent to the adoption of the Conservation Management Plan, an Action Plan be prepared identifying what conservation policies should be implemented, how they should be implemented and by whom.

4. A report be prepared on the cost of preparing an Aboriginal site survey for the grounds of Bronte House and that the report be referred back to Council.

FESP 2 October 2007

F-0710.2 That Council: 1. Note this report

2. Approve the public exhibition and advertising of the draft Plan of Management for Bronte House.

3. Approve the giving of public notice of the proposed lease of Bronte House.

3. Discussion Council is asked to consider the revisions to the Plan of Management as outlined in this report. A Conservation Management Plan for Bronte House and a Bronte House Aboriginal Study have been recently endorsed by Council and will be included as appendices of the revised plan. In preparation for the potential re-letting, Council Officers have recently arranged an updated dilapidation report and a garden condition report, both of which form part of the tenancy documentation. Further additions to the Plan of Management now include as part of the draft Plan of Management:

a) General guidelines for the maintenance of historic houses b) The Land Deposited Plan 632454 c) Site maps of Bronte House and grounds

and attached separately the following:

d) Condition and Dilapidation Report, Clive Lucas, Stapleton & Partners Pty Ltd. 9 March 2015.

e) Aboriginal site survey study, prepared in December 2014 by Dominic Steele Consulting Archaeology.

f) Bronte House Conservation Management Plan, prepared by Clive Lucas, Stapleton & Partners Pty Ltd. Adopted by Council in 2014.

g) Bronte House Garden Report and Landscape Plan, prepared by Place That Plant Pty Ltd 10 March 2015

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The significant revision of the 2007 Plan of Management relates to leasing conditions. The present use of the land is for the entry into residential tenancies, other leases, sub-leases, or licences or sub-licences or for community use (including open days, functions and other activities). This is to remain the case until any future amendment to the Plan of Management. The property last operated under what was deemed a repairing lease which required the tenant to undertake some maintenance, gardening and repair works in lieu of paying a fixed rental. The new lease will permit the occupant to reside in the property but requires them to pay a rental without any complex contractual arrangements relating to unusual maintenance or works programs. The Repairing lease required the tenants to expend money on garden and house maintenance in lieu of paying a more commercial rent. This arrangement was complex and meant that it was harder for Council to manage the ongoing tenancy process. Now that the property is fully refurbished there is no longer a need for a repairing lease. The main differences between the prior lease and the proposed lease are as follows: Summary of changes to leasing arrangements

Category Prior Lease Proposed lease Rent

N/A Repairing lease with a peppercorn rental

Rent payable, but the amount to be determined via Tender, an EOI or direct negotiation process, taking into account the need for some continuing public access arrangements.

Gardening

Lessee responsible

Lessee only partly responsible. Council to maintain a garden contractor to ensure professional garden care and results in improved control of the budget.

Maintenance & building upgrade

Lessee partly responsible in lieu of rent

The premises are newly refurbished so only minor Landlord items pertaining to the resident’s occupancy expected. Provides better supervision of the Heritage fabric & is better aligned to the Plan of Management and Conservation Management Plan.

Term Four years, 11 months, 30 days

3-5 years

Now that it is fully refurbished there should be little or no major expenses in the short term and new leasing arrangements will provide an opportunity for any income to assist in offsetting some of the expenses associated with it. Any new leasing arrangements will also include the provision for Open Days so that the public can continue to have access.

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4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: C1 – Waverley’s cultural heritage and diversity is recognized, protected and

respected. G6 – Waverley assets are well maintained for their current purpose and for future

generations. Strategy: L4a – Use planning and heritage policies and controls to protect and improve the

unique built environment. Deliverable: All properties with heritage significance listed within LEP. 5. Financial impact statement/Timeframe/Consultation

• Costs associated with the preparation of the revised Plan of Management are within identified budget.

• Council's Strategic Planner Heritage and Council's solicitors have been consulted and have

approved the revised Plan of Management.

• It is anticipated that the proposed Plan of Management would go on Public exhibition in July 2015. Public submissions and the recommended final Plan of Management would be presented to Council for adoption in August or September 2015.

6. Conclusion Following refurbishment, Bronte House is in very good condition and an expression of interest process is currently underway to identify a new tenant for the property. To accompany the new tenancy the Bronte House Plan of Management has been revised and updated and Council is asked to approve the revised Plan of Management and recommended period for exhibition. 7. Attachments (issued separately)

1. Draft Bronte House Plan of Management 2015. 2. Current Bronte House Plan of Management 2007. 3. Appendix D Draft POM - Condition and Dilapidation Report - Parts 1 and 2. 4. Appendix E Draft POM - Aboriginal Site Survey Study. 5. Appendix F Draft POM - Bronte House Conservation Management Plan. 6. Appendix G Draft POM - Bronte House Garden Report and Landscape Plan.

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Report CM/7.5/15.07 Subject: Petition – Objecting to Development

Application at 11–17 Bon Accord Avenue/2 Kenilworth Street, Bondi Junction (Central Synagogue)

Trim File No.: DA-134/2015 and A13/0100-03

Author: Richard Coelho, Governance Officer Director: Arthur Kyron, General Manager Recommendation: That the petition be received and noted and forwarded to the Executive Manager, Building Waverley. 1. Executive Summary Council has received a petition containing 50 signatures from residents objecting to a development application (DA-134/2015) at 11–17 Bon Accord Avenue/2 Kenilworth Street, Bondi Junction (Central Synagogue). The petition states:

‘I/We the undersigned object to the proposal by Central Synagogue to expand its operation, expand access into Kenilworth Street and to demolish No. 2 Kenilworth Street.

1. The Synagogue’s entry point is Bon Accord Avenue which is the closest point to

public transport, their car park and Bondi Junction. Expanding access (of any kind) to Kenilworth Street is unnecessary; it will have a major impact on the surrounding community and will likely lead to the Synagogue expanding its commercial activities.

2. Demolition of No. 2 Kenilworth Street, known as 'Kenilworth' would be a

significant loss to the community, it has significant historical value; it is one of the area's first homes predating 1897. Contrary to the heritage report it still retains its character and the original architecture of a Victorian home.

3. The proposal includes a deep excavation of 2 metres at 2 Kenilworth Street. Large

trucks taking away the sandstone rock will necessarily use Kenilworth Lane and are likely to damage the road surface and sewerage system along the laneway.

4. Claims of a passive recreation area with an art gallery and sculpture garden

cannot be supported with the inclusion of 18 toilets (for upwards of 300 people), changing rooms, a concrete Amphitheatre likely to be for commercial activities such as public performances, wedding receptions, etc. No noise assessment report has been made available.

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5. The inclusion of a “wailing wall”, art gallery and sculpture garden is likely to attract tourism and tour buses that cannot be accommodated in surrounding streets.

6. The security office should not be placed in Kenilworth Street remote from the main

entrance area. The residents of Kenilworth Street object to armed security guards in the street.

7. Claims in their proposal that the car park is underutilised are misleading. Security

will not allow cars free access to the car park causing unnecessary congestion and a lack of availability street parking for residents. The plan does not include any increase in parking to support the increased activity in the centre.

8. The synagogue is not located in an area suited to expansion of use. The proposed

development is likely to support commercial, tourist and entertainment activities and is not required for existing religious use.’

2. Introduction/Background Council accepts written petitions from persons that have a direct interest in the Waverley Local Government Area as residents, landowners, business people or in some other capacity. Petitions must concern matters that Council is authorised to determine. 2.1 Relevant Council Resolutions There are no previous relevant Council resolutions on this matter. 3. Discussion Not applicable. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G2 – Our community is actively engaged in well-informed decision processes. Strategy: G2a – Promote and require strategic directions that are inclusive and reflect the

views of the community. Deliverable: A Community Strategic Plan that is inclusive. 5. Financial impact statement/Timeframe/Consultation There is no financial impact in Council receiving the petition. 6. Conclusion That Council refers the petition to the Executive Manager, Building Waverley, for action. 7. Attachments Nil.

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Report CM/7.6/15.07 Subject: Petition – Hall Street Parklet

Trim File No.: A14/0584 and A13/0100-03

Author: Richard Coelho, Governance Officer Director: Arthur Kyron, General Manager Recommendation: That the petition be received and noted and forwarded to the Executive Manager, Shaping Waverley. 1. Executive Summary Council has received a petition containing 604 names requesting that the installation period for the Hall Street Parklet be extended or, ideally, that the parklet be made permanent. The petition states:

‘Help us make the Parklet sanctuary a permanent structure of Hall Street, Bondi Beach. If you have been one of the many Parklet dwellers who have enjoyed sitting in the sun with your coffee, then signing this petition may help us continue this tradition well into the summer.’

2. Introduction/Background Council accepts written petitions from persons that have a direct interest in the Waverley Local Government Area as residents, landowners, business people or in some other capacity. Petitions must concern matters that Council is authorised to determine. 2.1 Relevant Council Resolutions There are no previous relevant Council resolutions on this matter. 3. Discussion Not applicable. 4. Relationship to Waverley Together 3 & Delivery Program 2013-17 The relationship to Waverley Together 3 and Delivery Program 2013-17 is as follows: Direction: G2 – Our community is actively engaged in well-informed decision processes. Strategy: G2a – Promote and require strategic directions that are inclusive and reflect the

views of the community. Deliverable: A Community Strategic Plan that is inclusive. 5. Financial impact statement/Timeframe/Consultation There is no financial impact in Council receiving the petition.

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6. Conclusion That Council refers the petition to the Executive Manager, Shaping Waverley, for action. 7. Attachments Nil.

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Notice of Motion CM/8.1/15.07 Subject: Planning Proposal – 105 Wellington Street,

Bondi Beach

Trim File No.: PP-5/2013/1

Submitted by: Councillors Betts and Clayton MOTION That Council: 1. Continues to encourage the Minister for Planning and the Secretary of the Planning

Department to refuse the Planning Proposal for 105 Wellington Street.

2. Pursues all options for the potential acquisition of the site through, but not limited to: (a) A potential purchase of the property through private treaty and/or (b) Investigating the acquisition of the property through the compulsory acquisitions

provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). 3. Requests a report be prepared to initiate a rezoning of the site from private to public open

space. BACKGROUND A Planning Proposal was submitted for 105 Wellington Street to rezone it from RE2 Private Recreation to R3 Medium Density in 2014. Considering that Council, the community and our local Member have overwhelmingly advocated for the refusal of the proposal, and have continued to write to both the Minister and the Secretary to refuse the proposal, a different set of actions needs to take place to ensure that the historical use of the land be preserved. Officers have investigated options to preserve the site for open space and recreation facilities, but need Council’s approval to pursue further action.

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Urgent Business CM/9/15.07 Subject: Urgent Business

Author: Governance and Civic In accordance with clause 241 of the Local Government (General) Regulation 2005 (NSW) and section 3.5 of Council’s Code of Meeting Practice, business may be transacted at a meeting of Council even though due notice of the business has not been given to Councillors. However, this can happen only if:

1. The business proposed to be brought forward is ruled by the chairperson to be of great urgency; and

2. A motion is passed to have the business transacted at the meeting.

Such a motion can be moved without notice. Only the mover of a motion can speak to the motion before it is put. A motion to have urgent business transacted at the meeting requires a seconder. For business to be considered urgent it must be of a kind:

1. That requires immediate action or attention, and 2. That cannot be dealt with as a Mayoral Minute or Notice of Motion at a later meeting or

by any other means. The mover of the motion must, when speaking to the motion, explain why he or she believes the business to be of great urgency.

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Closed Session CM/10/15.07 Subject: Closed Session

Author: Arthur Kyron, General Manager Recommendation: That: 1. Council moves into closed session to deal with the matters listed below, which are classified

as confidential under the provisions of section 10A(2) of the Local Government Act 1993 (NSW) for the reasons specified:

CM/10.1/15.07 CONFIDENTIAL REPORT – Supply of Multi-Function Poles – Evaluation of

Tenders

This matter is considered to be confidential under section 10A(2)(c) of the Local Government Act, and Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.2/15.07 CONFIDENTIAL REPORT – QED Tunnels – Reconstruction of Tunnel 3 and

Filling of Tunnel 4

This matter is considered to be confidential under section 10A(2)(c) of the Local Government Act, and Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.3/15.07 CONFIDENTIAL REPORT – Brisbane Street Square Streetscape Upgrade –

Evaluation of Tenders

This matter is considered to be confidential under section 10A(2)(c) of the Local Government Act, and Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.4/15.07 CONFIDENTIAL REPORT – Supply and Lay of Asphalt and Associated Services

– Evaluation of Tenders

This matter is considered to be confidential under section 10A(2)(c) of the Local Government Act, and Council is satisfied that discussion of this matter

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in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.5/15.07 CONFIDENTIAL REPORT – Reclassification of Drainage Reserve – 2-4-6-8

Dickson Street, Bronte

This matter is considered to be confidential under section 10A(2)(c) of the Local Government Act, and Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

CM/10.6/15.07 CONFIDENTIAL REPORT – Easement – 252-254 Bronte Road, Waverley

This matter is considered to be confidential under section 10A(2)(c) of the Local Government Act, and Council is satisfied that discussion of this matter in an open meeting would, on balance, be contrary to the public interest as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

2. Pursuant to sections 10A(1), 10(2) and 10A(3) of the Local Government Act, the media and

public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) of the Local Government Act.

3. The correspondence and reports relevant to the subject business be withheld from the

media and public as provided by section 11(2) of the Local Government Act. Pursuant to section 10A(4) of the Act and clause 252 of the Local Government (General) 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. In accordance with section 10A(2) of the Act, a Council may close part of its meeting to deal with business of the following kind:

(a) Personnel matters concerning particular individuals (other than councillors). (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, or (iii) Reveal a trade secret.

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(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.

(i) Alleged contraventions of any Code of Conduct requirements applicable under section 440.

It is my opinion that the business listed in the recommendation is of a kind referred to in section 10A(2) of the Local Government Act and, under the provisions of the Act and the Local Government (General) Regulation, should be dealt with in a part of the meeting that is closed to members of the public and the media.

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Resuming in Open Session CM/11/15.07 Subject: Resuming in Open Session

Author: Governance and Civic In accordance with clause 253 of the Local Government (General) Regulation 2005 (NSW), when the meeting resumes in open session the Chair will announce the resolutions made by Council, including the names of the movers and seconders, while the meeting was closed to members of the public and the media.

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Meeting Closure CM/12/15.07

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