MINUTES OF THE MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON TUESDAY, 15 FEBRUARY 2011.

PRESENT

Councillor Betts (Mayor) (Chair) Councillors Cancian, Clayton, Coburn, Jackson, Kanak, Kay, Main, Sloan, Strewe and Wakefield.

At the commencement of proceedings at 7.07pm those present were as listed above.

1102.1 OPENING PRAYER

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

1102.1A SPECIAL REMEMBRANCE FOR VICTIMS OF RECENT FLOODS IN QUEENSLAND, VICTORIA, AND TASMANIA

Waverley Council remembers the victims of the recent floods in the eastern states of , described as the biggest natural disaster Australia has ever suffered. Council extends its sincerest condolences to those who have lost loved ones and to all of those people who have been affected by this most tragic disaster. Our thoughts and best wishes are with all those people as they rebuild their lives after the devastation.

Council rose for a minute silence for the victims of the floods as a sign of respect and remembrance.

1102.2 LEAVES OF ABSENCE AND APOLOGIES

Council granted Cr Guttman-Jones a leave of absence from this meeting.

There were no apologies for this meeting.

1102.3 DECLARATIONS OF INTEREST

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

1. Cr Kay declared a pecuniary interest in item 1102.11.6 – 105 Ramsgate Avenue, Bondi Beach. Cr Kay informed the meeting that his parents-in-law own property in the

This is Page 1 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR neighbouring residential flat building and that he will be leaving the chamber for Council’s consideration of this item.

2. Cr Clayton declared a less than significant non-pecuniary interest in item 1102.11.5 – Information Package for Library – “Our Generation: Land Culture Freedom”. Cr Clayton informed the meeting that the member of public addressing Council is her friend’s nephew.

3. Cr Clayton declared a less than significant non-pecuniary interest in item 1102.11.7 – Anniversary of Apology to Aboriginal & Torres Strait Islander and Memorial to Deaths in Custody. Cr Clayton informed the meeting that the member of public addressing Council is her friend’s nephew.

4. Cr Sloan declared a significant non-pecuniary interest in item 1102.12.4 – Evaluation of Tender – Provision of Cleaning Services. Cr Sloan informed the meeting that she previously worked with one of the tenderers and that she will be leaving the chamber for Council’s consideration of this item.

1102.4 CONFIRMATION OF MINUTES

1102.4.1 Council Meeting – 14 December 2010

MOTION / DECISION (Main / Kanak)

That the Minutes of the Council Meeting of 14 December 2010 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that meeting.

1102.5 ADDRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC

1. P Paech – 1102.8.4 – Hall Street Toga 45 Development – Trucks Double Parking in Hall Street.

2. P Paech – 1102.11.9 – Hall Street Toga 45 Development.

3. L Coghlin – 1102.11.5 – Information Package for Library – “Our Generation: Land Culture Freedom”.

4. L Coghlin – 1102.11.7 – Anniversary of Apology to Aboriginal & Torres Strait Islander Australians and Memorial to Deaths in Custody.

5. D Trevelyan (speaking against the petition) – 1102.15.1 – Edmund Street, Queens Park Parking Restrictions.

6. E Prochazka (resident of Ramsgate Avenue) – 1102.11.6 – 105 Ramsgate Avenue, Bondi Beach.

This is Page 2 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.6 MAYORAL MINUTE

There were no Mayoral Minutes.

1102.7 OBITUARIES (A02/0017)

Barbara Ann Fitzsimons (wife of Patrick Fitzsimons, Council employee) Douglas James Morey Gaetana Torrisi Alan Mulray Adrian Alexander Iren Leane Aunty Sylvia Scott Peter Carrett

MOTION / DECISION (Strewe / Clayton)

That a letter of sympathy be forwarded to the families of the deceased named above expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced.

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

1102.8 QUESTIONS BY COUNCILLORS WITH NOTICE

Note from the General Manager: In accordance with Council’s adopted procedures, Councillors are requested to submit their questions without notice in writing to the General Manager at the time the question is asked.

1102.8.1 Christmas / New Year Events at Bondi Beach – Costs and Revenue (A02/0670)

The following question was submitted by Cr Wakefield:

Please detail the costs and revenue to Council associated with the Christmas / New Years Eve events at Bondi Beach for the 2009 year and the 2010 year.

The Director, Recreation, Cultural & Community Services replied:

We have actually gone back to 2006/2007 looking at expenditure and income and I’m going to provide a soft copy of this to Councillors tomorrow. The costings include direct staff costs including public holiday rates for the Sober Santa campaign and My Bondi Summer. Let me give you an example: in 2009/2010 we had an income of $278,540 and expenditure totalling $265,570. Over four years each year there has been a very modest surplus, last year being $12,000. That includes a lot of promotional material, posters, banners, advertisements that we have taken out, traffic management, direct staff costings, bins, litter collection, fencing, security guards.

This is Page 3 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.8.2 Christmas / New Years Eve Events at Bondi Beach – Options for Future Events (A02/0670)

The following question was submitted by Cr Wakefield.

When will a report come to Council outlining options for future events on Christmas / New Years Eve at Bondi Beach?

At the meeting Cr Wakefield withdrew his question and informed Council that information subsequently circulated to Councillors had answered his question.

1102.8.3 Cock’n Bull Hotel (also known as Grand Hotel), Bondi Junction – Amenity Impacts (A03/0319)

The following question was submitted by Cr Wakefield to the Mayor:

Madam Mayor, what action is Council taking to ensure that the operations of the Cock’n Bull Hotel in Bondi Junction do not adversely impact on the amenity of local residents?

The Mayor replied:

Let me outline what we have been doing. Peter Bolt who is the Area Command licensing police and he met with Mr Brennan and I, our Place Managers, the General Manager and various other senior staff in the middle of January. Following that they called a meeting of the Liquor Accord. Unfortunately on the day that the Liquor Accord was called the President, Mr Rob Riddle announced that he is not well and he has had to take extended leave from his employment and therefore stood down as President of the Liquor Accord, so they had to elect a President and that election did take place at the Liquor Accord and Mr Adam Purcell was elected. I am not sure if Mr Peter Bolt felt that there was not a conflict of interest there but unfortunately he was the only person who put up his hand so we certainly need to have a look and get an extra person.

In the meantime I did a presentation to the Liquor Accord and my presentation encompassed four issues, the core trading hours of any licensed premises at all which we have been discussing in the DCP, out of discussions we have been having, the trading hours of all our fast food outlets, the issue of small bars, I call them the Clover Moore bars that are small establishments that could be, certainly in the City of allowed to serve alcohol without food and then lockout provisions, so those were the four issues that I put to our discussions by the Liquor Accord. I put forward a motion that we had a voluntary lockout provision brought into all our pubs, I had suggested for the sake of argument that the lockout provisions be 10pm on a Sunday, 12 midnight from Monday to Thursday and 1am on Friday and Saturday.

The issue with the Liquor Accord, irrespective of whether you like the President or not, the way the Liquor Accord works is that if you are a member of it you have to abide by their decisions. The Liquor Accord listened to me, the Police supported me and were really concerned although I have to say compared to Manly, Coogee and everywhere else in the world we actually have less assaults, we have almost no assaults in our pubs at the moment and we have no pubs on the bad pub list.

This is Page 4 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR One of the things that this Liquor Accord has done is that they brought in a system of banning anybody that is allegedly drunk, they give them a card which prevents them from getting within 50 meters of any other venue. This is actually working because this Division is now issuing more fines than anybody and the fines are pretty hefty. They are $550 and we have the highest amount of fines. It has been successful and the whole of the NSW Police are thinking of bringing it in because they actually log people who have had a lot to drink and then you cannot come near another pub, if you’re picked up you get a fine of $550. The Police agreed with me. I was not present at the Hotels Association presentation, that occurred after I left, but they did not agree with me and felt that our very low record of assaults and things like that meant that what I was suggesting was probably too draconian.

The Liquor Accord formed a sub-committee and I believe that they took the issues that we put to them pretty seriously. I told them that, I suppose that they had a choice, they could sort themselves out or we would. They had their first meeting of the sub-committee today which I attended with Council’s Divisional Manager of Compliance. The sub-committee have agreed to have area resident meetings to be chaired by the residents in the same vein that we do currently have at Charing Cross. The Eastern Suburbs Liquor Accord feel that we need the first meeting in order to determine residents concerns in order to develop solutions and of course like Charing Cross the intention would be that this meeting would take place just before the Precinct Meetings so that the same Precinct people could attend.

Waverley Council has agreed, through Council’s Divisional Manager of Compliance, that we would provide the Committee with all our complaints that we have received in the past, going back a year or so, and the NSW Police have agreed to provide the committee with all the complaints that they have on file in order that the committee has a good feel for residents concerns. The committee will be given all the complaints from Waverley Council and all the Police complaints.

Waverley Council has agreed to use in-house newsletters in the Wentworth Courier to advertise the setting up of these area resident meetings. The Eastern Suburbs Liquor Accord will investigate engaging with the public via the media. At the moment the suggestion is there be three areas, Bondi Junction, Bondi and leave Charing Cross as it is. The Committee will also contact the food operators and try and get them involved as stakeholders. The Committee could not come up today with a timeframe for coming up with a solution to the whole problem but they certainly said that they would start this process.

All correspondence will come from the Liquor Accord and not individual members. They are doing a presentation tomorrow night at the Bondi Junction Precinct. The Committee has resolved to contact the North Sydney Liquor Accord and follow the process of their negotiations. They have determined that they will come back to us with some solutions (a) for the Junction and (b) for the beach and then they have agreed to have some other committee meetings.

One of the things they have agreed to do is put all the pubs’ phone numbers on the Liquor Accord website as they will then put any of the complaints on their website as well. They are trying to see whether you can lodge a complaint onto the Liquor Accord’s website.

I was pretty pleased with their first meeting. They spoke about things like maybe getting buses to move people out of the area when the pubs closed, they were suggesting for example, Eastern Suburbs Leagues Club has a bus and the Liquor Accord may be able to hire the bus. The bus in Coogee that moves people away from the pubs, also picks up normal passengers and charges them bus fare which seems to work, in fact it has managed to pay for those buses so that works out pretty well.

This is Page 5 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR They discussed the issue of people urinating in our residents’ gardens and streets. I’ve had a quick discussion with the Director, Planning and Environmental Services about it but they thought that it might be that the Liquor Accord could provide some public toilets so that people in the street who are looking for toilets could in fact go somewhere if the pubs are closed. Currently of course there isn’t really anywhere. They could go into Easts if they could get in but that’s about the only place in the Junction. One of the other things that they started to discuss was whether the Accord should have paid police.

The other thing that they discussed was the publicans talking to each other, for example, the Beach Road Hotel has a noise inspector who regularly walks a certain distance from the Hotel with a proper noise monitor and then comes back and logs those noises. If somebody then rings them complaining about the noise in a particular street, they can then say our noise inspector was there ten minutes ago, or they then send this person out to that spot to actually have a look at what that noise is. Now other pubs seemed to think that was quite a good idea so I suppose one of the things they were also talking about was that they should share information.

Now, I know some people have an issue with the Liquor Accord but I do believe that certainly Mr Bolt, the licensing policeman, is as sincere as our Council is about stopping the anti-social violence on the streets. He is driving this. If they don’t deliver then we’ll have to look at other solutions. The Liquor Accord has some legislative power and they have said that they will not allow anybody into the Accord who will not abide by the Accord’s rules. The Police are of the view that if they have hotels who are members of the Accord they will liaise with them to ensure they abide by all their DA conditions. Hotels who do not belong to the Accord or who do not wish to join the Accord will not get any leeway and they will be clamped down on.

Councillors, I do think that we have a start and I do think we can trust the Accord. They are very genuine people. I made it quite clear to them and I think they were surprised that I had asked to do a presentation to them. They took what I had to say extremely seriously and I believe that we can in fact trust them because I think that they will do the right thing by Council.

1102.8.4 Hall Street Toga 45 Development – Trucks Double Parking in Hall Street (DA-319/2008)

The following question was submitted by Cr Kanak to the Mayor:

Madam Mayor, given representations concerning the placing on the old Hakoah Club building Hall Street facade of the huge at least 4 storey high ‘Boheme’ Toga 45 development sign which involved large trucks double parking and dangerously blocking Hall Street traffic recently, did those Toga 45 double parked trucks have any authority or permits to block Hall Street traffic and if not, were parking infringements issued to these offending vehicles, and if not, how does the Mayor and Council answer community criticism that Council is already showing a soft approach to regulatory enforcement issues related to the Toga 45 ‘Boheme’ development?

The Mayor replied:

This is Page 6 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR I did ask the Director, Planning & Environmental Services if we had any complaints on the issues and he said we had not. I will ask the Director, Planning & Environmental Services to comment.

The Director, Planning & Environmental Services said:

I did make some enquiries on your behalf with our Technical Services Division. There was no permit issued as such for the trucks referred to here. I was unable to ascertain whether any fines were issued because at the moment I do not know the date when the signs were erected. I also made a search of Council’s records and no complaints were received about the installation of the signs. From my department’s point of view we will definitely enforce the regulations and conditions of consent once construction starts.

P Paech addressed the meeting.

1102.8.5 Development Applications – The Submission of Incorrect Information by an Applicant (A08/1103-05)

The following question was submitted by Cr Cancian:

If, as part of a development application submission an applicant submits materially incorrect information:

1. What degree of checking of the application is provided by Council officers to ascertain the information is correct?

2. What action can Council or others pursue against the lodging of substantially incorrect or false information either prior to approval and/or after consent is given?

The Director, Planning & Environmental Services replied:

In respect to information submitted with development applications it is the absolute responsibility of the applicant to ensure that all information submitted is materially correct. In the initial stage the Duty Planner and then later on the Development Assessment Officer do carry out some checks but there is a lot of information like survey information for example that we absolutely take without question, so I think we do a fair amount of checking.

In respect to what action Council or others pursue against the lodging of substantially incorrect or false information, fortunately I don’t think there’s a lot of incidences where people submit false information, they might submit very subjective statements and I think everyone does that, we see often how in statement of environmental effects talk about impacts and how one person’s view could be quite different to someone else’s, but if it is materially incorrect and we become aware of it we defer the application and ask the applicant to clarify that.

After an approval has been given, again fortunately incidences of this are rare, but if there was incorrect or false information, first of all if the information materially affected the Council’s decision we would then have a closer look at it, certainly if someone submitted some incorrect information that was not relevant in our decision making there is nothing much we could do about it.

This is Page 7 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR I personally think the incidences are rare. The opportunity does exist for a council to challenge a consent if the consent is fraudulently given but we have never done that and I do not hear of it happening very often.

1102.8.6 Property Acquisition (A09/0318)

The following question was submitted by Cr Cancian:

What financial, legal, process or other impact, if any, does the existence of a pending development application have on Council’s ability to pursue acquisition of property or property rights either by voluntary negotiation or compulsorily?

The Acting General Manager replied that there were no impacts.

1102.8.7 Link to ‘Planning Alerts’ on Council’s website (A09/0720)

The following question was submitted by Cr Cancian:

Council may be aware of Planning Alerts , a free online service which provides information on development applications lodged within a given radius of a given point to its email subscribers. Can the General Manager advise if there are any impediments, including limitations in his delegations, which might prevent a link to the Planning Alerts site being placed on the Building and Development page of Council's website and if not, how quickly might a link to this valuable service be created?

The Director, Planning & Environmental Services replied:

The question I think was addressed to the General Manager but I will answer it if the Acting General Manager is happy.

I do not think there are any impediments to the General Manager’s delegation that would prevent us from providing this information. We are looking to do it. In a way we are already headed down that track indirectly but we’re looking at doing it more directly and as long as we are satisfied that there is a disclaimer and certainly you know we have a disclaimer on our tracking system now, so I hope that what you suggest here might come about in the next few weeks. Our first step is to make sure that we are ready to advise residents about the new DA tracking system and hope to start doing that next week, we’re all up to date with the scanning and then the planning alert stuff not long after that.

We can direct people to the planning alerts organisation. What we are trying to do is show on a little map applications received and show applications received weekly in the area. We can also show applications within a radius of a property. The problem is the size and shape of our Council area. There are not many places you can go to, say in a two kilometre radius from somewhere, where there is a default setting at the moment. It picks up properties in Woollahra and picks some up in Randwick, but we are looking at improving that.

This is Page 8 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.9 QUESTIONS BY COUNCILLORS TO THE MAYOR WITHOUT NOTICE

Note from the General Manager: In accordance with Council’s adopted procedures, each Councillor may ask the Mayor one question without notice. Councillors are requested to submit their question in writing to the Mayor at the time the question is asked.

1102.9.1 Women by the Waves Event (A06/1761)

Cr Jackson asked the following question:

The Women by the Waves Event is an inspirational and enjoyable event enjoyed by many Waverley women. The event has never, in my recollection, been a partisan or political event. It is always bipartisan event, women coming together, differences put aside to celebrate our achievements.

This year I note that along with the amazing Ronny Kahn from OzHarvest is Gabriel Upton who as well as being the Deputy Chair of the Duke of Edinburgh Awards a very laudable use of her time is also the Liberal candidate for Vaucluse and this event is three weeks before the State election, now my question is who decided that Ms. Upton should attend and why? No doubt she is a good woman and her association with the Duke of Edinburgh Awards is great but Labor and Greens both also have female candidates who have impressive track records and I ask whether you think it’s appropriate for a single political party’s candidate to speak at an International Women’s Day event about women coming together three weeks before the State election. It is the timing that really makes me think that this event has been used as a platform for a political party’s candidate when I would not think that that is an appropriate event for a Council, money is provided by the NSW Government, it’s not a political event and if she is to speak cannot our candidate speak to?

The Mayor replied:

I need to get my timing right but six months ago or nine months ago under the Duke of Edinburgh Award some of our students from Reddam went to Chile. I was asked to write to the Mayor which I did, of this area, and we had it all translated and they went, the father of one of the children then approached me recently and said because he knew of Gabriel’s involvement and said he would really like the Award to be discussed and to be able to bring his students along and listen to it and I just thought that this was the only opportunity and she was a woman and it’s a very short speech because it’s obviously supplementary to Ronny Kahn. I can absolutely guarantee to you that the word Liberal will not be mentioned in any way whatsoever, it is only about the Award. I did not choose the day that was International Women’s Day but it was not to do with the election.

Cr Strewe said:

Madam Mayor I actually think that answer is unsatisfactory. Last year we had Cr Yvonne Colburn who is a Liberal and this year we have got Gabriel Upton who is also a Liberal. Is it becoming Liberal’s International Women’s Day or is to going to be International Women’s Day?

The Mayor replied:

This is Page 9 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR I am happy for anybody to put up a speaker, we have had speakers that I did not choose.

Cr Jackson said:

Maybe we could talk off-line about it.

Cr Wakefield asked:

Will the Mayor call upon Gabriel Upton to stand down from speaking at the International Women’s Day as it is now inappropriate that she speaks?

The Mayor replied:

I think I will follow Cr Jackson’s suggestion and we will discuss this off-line, thank you.

1102.9.2 Action Plan for Birrell Street (A05/2046-02)

Cr Sloan asked the following question:

Can the Mayor explain why the report on the Action Plan for Birrell Street promised to be presented at the February 2011 Council meeting is not on the agenda and given that the item is not on the agenda can the Mayor enlighten Councillors and the community when they can expect this report to be presented to Council?

The Mayor replied:

I am not actually able to answer that question and I could ask the Acting General Manager but I am not sure. We can ask the General Manager who will be back on Monday.

1102.9.3 Women by the Waves (A06/1761)

Cr Coburn asked the following question:

Was the subject of the Women by the Waves breakfast last year the Hunger Project?

The Mayor replied:

Yes it was about the Hunger Project.

Cr Coburn said:

There was no mention of any political…it was just about the Hunger Project.

The Mayor replied:

Absolutely not, yes that is correct.

This is Page 10 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR Cr Wakefield said:

The answer you gave me earlier is a non answer. With regard to Questions by Councillors to the Mayor Without Notice, as far as I am concerned, the answer is either an answer or I will get back to you on it because I need more information. The answer you gave me was I will be discussing it privately.

The Mayor replied:

I will get back to you.

1102.9.4 Outdoor Seating Lease Expiry Dates (A03/2081)

Cr Sloan asked the following question:

Could the Mayor request that the appropriate department prepare an up to date list of Council controlled outdoor seating lease expiry dates for the purpose of monitoring the introduction of our non-smoking policy because the policy is going to come in at different times and I think Councillors need to know so we can keep an eye on who is doing the right thing and who is not?

The Mayor replied:

I think that will be fine, I am sure we can do that.

1102.9.5 Questions Without Notice (A02/0649)

Cr Sloan asked the following question:

I think that these Questions by Councillors to the Mayor Without Notice is now replacing Questions Without Notice and we are now using this in lieu of putting Council’s questions with notice on the paper. Can we limit the number of questions to the Mayor because this is turning into a ridiculous situation?

The Mayor replied:

I think we can have a discussion with the Governance Department to see what the legislation states. We have been through this three or four times. Other councils have left it exactly as it used to be which is against the legislation but we decided to adopt this practice.

1102.9.6 Women by the Waves (A06/1761)

Cr Cancian asked the following question:

This is Page 11 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR Just to get back to Women by the Waves, I have noticed, I have been to many of these events and originally it was by invitation. Last year people could just accept. Is there a requirement that we give preference to Waverley residents to attend these events or can just anybody attend?

The Mayor replied:

I do not believe we have ever restricted anyone from attending and I will ask the Director, Recreation, Cultural & Community Services to comment.

The Director, Recreation, Cultural & Community Services said:

Our funding agreement certainly does not anticipate that only Waverley residents will be able to attend the breakfast. We’ve never actually had to turn anyone away, in fact we are always happy to have a full house and so it has not been an issue Cr. Cancian. I think the way it is working now works fairly well and if people are interested then I would encourage them to express interest as soon as possible and get their name on the list.

1102.9.7 Fundraiser for victims of Queensland floods (A02/0065)

Cr Kanak asked the following question:

Due to representations received from local Bondi residents and musicians wishing to hold a fund raiser for victims of the recent Queensland floods with the funds going to the SES, and given that Council’s special event guidelines for low impact events require three months notification, can the Mayor and Council consider waiving the three month requirement for this event and can the Mayor and Council consider providing in-kind support such as waiving the hall hire fees for this event when this event proposal is presented to our officers?

The Mayor replied:

Cr Kanak, it is too difficult without any information about the event to say yes or no, but we can certainly consider it.

1102.10 PUBLICATIONS RECEIVED

MOTION / DECISION (Strewe / Kanak)

That Council receive and note the following publications from Public Bodies:

1. Local Agenda – Issue 26, December 2010 2. Councillor – December 2010/January 2011 3. UnitingCare NSW.ACT – 2009/10 Transforming lives together stronger 4. St Catherine’s School Waverley – The Bulletin 2010 5. Government News – Volume 30, Issue 6 December/January 2011 6. Australian Stories – Calendar for Cultural Diversity 2011 7. North Bondi Surf Life Saving Club – The Clubhouse – Our Future

This is Page 12 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 8. Learning Links News – Helping Kids Learn – No. 02/10 9. Government Technology Review – December/January 2011 – Issue 4 10. Heart Foundation – Smoke-free policy in outdoor areas – A 2010 survey of NSW Councils 11. Cancer Council NSW – Annual Report 2009/10 12. Centennial Parklands Annual Report 2009/10

1102.11 NOTICE OF MOTIONS SUBMITTED BY COUNCILLORS

Note from the General Manager: Council should note that for the purposes of budgetary control and planning, any Notices of Motion received and endorsed by Council, will be assessed for budgetary implications. If they cannot be achieved within existing allocations they will be referred to the Finance, Ethics & Strategic Planning Committee for its consideration of budget implications, in conjunction with the budget estimates or at a quarterly review of the budget.

The report to Council about progress in achieving Council’s Motions will also highlight whether budget issues are involved.

1102.11.1 Signage for Walking Protocol along Cliff and Coastal Walks from Dover Heights to Bronte Beach (A08/0265)

The following Motion is a revised version of the Notice of Motion submitted by Cr Clayton.

MOTION / DECISION (Clayton / Kay)

That Council investigates the possibility of installing some pedestrian traffic flow protocol signage and stencilling along our Cliff Walk from Dover Heights to Bondi and Bondi to Bronte Beach Coastal Walk to optimise the enjoyment and safety of all users of our walkways.

BACKGROUND There have been many complaints about the conflict between walkers and joggers on our two walkways, especially when events such as Sculpture by the Sea take place. The problem is exacerbated in those areas that are particularly narrow. Signage and/or footpath markings may help to ensure the safety of pedestrians and joggers as well as introducing a protocol that should reduce confrontation between any of the users. The signage should be infrequent and minimal to reduce visual pollution, but effective.

1102.11.2 Australia Day Celebrations in Bronte Park (A03/2332-02)

The following Motion is a revised version of the Notice of Motion submitted by Cr Strewe.

MOTION / DECISION (Strewe / Main)

That:

This is Page 13 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1. Council prepare a strategy and action plan for Australia Day to deal with the issues and problems at and around Bronte Park including noise, alcohol, rubbish and traffic and parking, and a report be prepared for the consideration of Council.

2. The ‘No Alcohol’ restriction is enforced.

3. The person sending out the invite on the web site for all to come and party at Bronte is sent the bill for the clean up.

BACKGROUND Bronte residents are concerned that the ‘No Alcohol’ in the park is not enforced on Australia Day and I was informed that the police and council rangers monitored the event and while it might have appeared to them acceptable for visitors to flood the place with alcohol and amplified music for nine and a half hours it is not acceptable to the residents. For many years visitors came and ‘barbied’ and left and while the amount of rubbish was unacceptable the noise level was a quite pleasant hum. For the past two years the ‘party’ has been growing and this year it was advertised on the net as the party to go to - there was a generator and amplified drumming for hours, and a huge quantity of alcohol consumed and glass bottles and cans left all over the park. The party alienated the majority of the open space for an unauthorised private function.

1102.11.3 Bronte Gully Waterfall/Stream Remediation Works (A09/0964)

The following Notice of Motion was submitted by Cr Strewe.

MOTION / DECISION (Strewe / Main)

I would like to thank Council colleagues who supported this initiative and Council staff especially Emily Scott, Corey Fox, Deborah Law and the directors involved.

BACKGROUND The Bronte Gully waterfall/stream remediation works are almost complete and the area is looking delightful and attracting positive comments from residents who use the park. This has been many, many years in the planning and has involved many people, residents and councillors and officers past and present and it is a tribute to all of them and is an impressive example of successful long term vision and planning from the Plan of Management to the Citizens Jury to Bushcarers and Environment Officers.

1102.11.4 Undue Disturbance Complaint – The Grand Hotel, Bondi Junction (A03/0319)

The following Motion is a revised version of the Notice of Motion submitted by Cr Main.

MOTION (Main / Wakefield)

That:

This is Page 14 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1. Council lodges a formal “undue disturbance” complaint and gathers evidence in support of s.79(3)(c) of the NSW Liquor Act 2007 against The Grand Hotel (also known as Cock’n Bull Hotel) 89 Ebley Street, Bondi Junction, to the Director General, Communities NSW, Ms Carol Mills for the attention of the Office of Liquor Gaming and Racing (OLGR).

2. The complaint be prepared in consultation with affected residents, Bondi Junction Precinct and Waverley Police and the local liquor accord, and lodged with Communities NSW as a matter of urgency.

3. Council:

(a) Immediately establishes and maintains an “incident register” for residents to lodge complaints independent of the hotel’s register and informs surrounding residents of the “incident register” and provides appropriate contact details for the gathering of information consistent with the NSW Liquor Act 2007 that may be used in a formal complaint.

(b) Officers are requested to list and post for easy access by residents, councillors and officers, all consent conditions pertaining to approvals for this hotel, including Land and Environment Court approvals, at least back to the commencement of the EP&A Act 1979.

4. Council condemns the drunken anti social behaviour and apparent failure of the premises to ensure responsible service of alcohol (RSA) and orderly conduct of its patrons as unacceptable, and includes in its submission a request for Office of Liquor Gaming and Racing to implement a range of appropriate harm prevention measures in the Hotel’s liquor license and any other measures recommended by Council’s Safety Advisory Committee to curb the anti social behaviour outside this particular establishment.

AMENDMENT (Kay / Betts)

That the Motion be adopted subject to the following amendment to Clause 3(a) so that it now reads as follows:

“Council immediately establishes and maintains an “incident register” for residents to lodge complaints independent of the hotel’s register following consultation with the police, and informs surrounding residents of the “incident register” and provides appropriate contact details for the gathering of information consistent with the NSW Liquor Act 2007 that may be used in a formal complaint”.

THE AMENDMENT WAS PUT AND DECLARED LOST.

THE MOTION WAS THEN PUT AND DECLARED CARRIED UNANIMOUSLY.

UNANIMOUS DECISION: That the Motion be adopted.

BACKGROUND “A Current Affair” recently (10 January 2011, TV Channel 9) in a segment entitled “Street Fight Central” see http://aca.ninemsn.com.au/investigations/8194474/street-fight-central exposed chronic alcohol fuelled anti social behaviour arising from The Grand Hotel in Bondi

This is Page 15 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR Junction. Articles and letters have also appeared in The Wentworth Courier (12 January 2011).

Residents of Bondi Junction, particularly Brisbane, Mackenzie, Spring and Ebley Streets, and beyond, have been inflicted for many years with anti social behaviours resulting from alleged over servicing of patrons with alcohol, and lack of appropriate controls. Inappropriate and antisocial activities such as those recorded by “A Current Affair” resulting from the manner in which the licensed premises is conducted are damaging the town centre, the quiet and good order of the neighbourhood and bringing the Council into disrepute.

This abuse of alcohol comes at a high cost to the wider community through hospital emergency services, police services, drug & alcohol rehabilitation services, Council Regulatory services, and Council’s clean ups, repairs to damaged trees and other property and undermines attempts to manage a civilised, safe and attractive town centre for all its residents and visitors.

Under s.79 of the NSW Liquor Act 2007, councils, residents and the police can pursue complaints against licensed premises for the “undue disturbance to the quiet and good order of the neighbourhood” arising from the operation of the premises and/or the conduct of their patrons”. Council looks forward to strong support from the Office of Liquor Gaming and Racing and Waverley Police through this complaint process to achieve substantial and measurable improvements in the responsible supply and service of alcohol and security management procedures at this hotel.

Note also that a condition of consent under Land and Environment Court approval number 10649-2009 required periodic acoustic testing. Any evidence of excessive noise recorded in these tests should be included in the complaint. All conditions of consent pertaining to the subject property should be made easily accessible by Council in the public interest.

(See s.79 of the NSW Liquor Act 2007 at: http://www.austlii.edu.au/au/legis/nsw/consol_act/la2007107/s79.html )

1102.11.5 Information Package for Library – “Our Generation: Land Culture Freedom” (A05/0327)

Cr Clayton declared a less than significant non-pecuniary interest in this item and informed the meeting that that the member of public addressing Council is her friend’s nephew.

The following Notice of Motion was submitted by Cr Kanak:

MOTION / UNANIMOUS DECISION (Kanak / Wakefield)

That Council source and acquire the information package (including a DVD and related booklet) titled “Our Generation: Land Culture Freedom” from the Sydney ‘Stop the Intervention’ Collective and Amnesty International to add to Waverley Library’s catalogue.

L Coghlin addressed the meeting.

This is Page 16 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.11.6 105 Ramsgate Avenue (DA-8/2009)

Cr Kay declared a pecuniary interest in this item and informed the meeting that his parents- in-law own property in the neighbouring residential flat building. Cr Kay was not present at or in sight of the meeting while Council considered and voted on this item.

The following Notice of Motion was submitted by Cr Kanak:

MOTION / DECISION (Kanak / Main)

That given the advertising of sale by auction of 105 Ramsgate Avenue, Council officers examine the advertising material for Mr Neill Miller’s development and ensure that the accompanying sale information properly accords with the true intent of the approval granted by the Land & Environment Court.

E Prochazka (resident of Ramsgate Avenue) addressed the meeting.

1102.11.7 Anniversary of Apology to Aboriginal & Torres Strait Islander Australians and Memorial to Deaths in Custody (A07/0432)

Cr Clayton declared a less than significant non-pecuniary interest in this item and informed the meeting that that the member of public addressing Council is her friend’s nephew.

The following Notice of Motion was submitted by Cr Kanak:

MOTION / UNANIMOUS DECISION (Kanak / Main)

That Council acknowledge the lowering of its Aboriginal Flags to half mast from Friday 11 February to Tuesday 15 February to mark the dates of the 13 February 2008 Anniversary of former Prime Minister Rudd's ‘Apology’ to Aboriginal & Torres Strait Islander Australians and as a Memorial of deaths in police and prison custody highlighted in Sydney by the death of 17 year old Aboriginal youth Thomas ‘TJ’ Hickey who died in the early hours of the following day from injuries received during a Redfern police chase on 14 February 2004.

L Coghlin addressed the meeting.

1102.11.8 Advertising Council Job Vacancies through Aboriginal & Torres Strait Islander Media Networks (A03/0251)

The following Notice of Motion was submitted by Cr Kanak.

MOTION / DECISION (Kanak / Kay)

That to increase the chances of recruiting more Aboriginal & Torres Strait Islander people onto Waverley Council’s staff, Council advertise its job vacancies through Aboriginal & Torres Strait Islander media networks where possible by meeting in particular the advertising

This is Page 17 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR deadlines of regional media distributed in the Koori Community like ‘La Per News’, ‘Koori Mail’ and communications distribution lists of other Sydney Eastern Suburbs Indigenous organisations.

1102.11.9 Hall Street Toga 45 Development (DA-319/2008)

The following Notice of Motion was submitted by Cr Kanak:

MOTION / DECISION (Kanak / Wakefield)

Given that 17 February 2011 may be a challenge deadline, Waverley Council provide appropriate assistance to any community related legal challenge to the Boheme labelled Hall Street Toga 45 Development.

NOTE FROM THE GENERAL MANAGER: Councillors should note that Council has already received clear and unequivocal advice from two experienced barristers including a Senior Counsel that there are no grounds for appeal. If Council decides to provide financial assistance for an appeal against this legal advice and the case is lost, Councillors and Senior Management may be liable to a surcharge under Section 435 of the Local Government Act as a consequence of negligence or misconduct. The Pecuniary Interest and Disciplinary Tribunal would have to determine whether the Council has been negligent in deciding to take a matter to the Land & Environment Court despite the legal and professional advice provided.

P Paech addressed the meeting.

1102.12 ADDITIONAL MATTERS FOR CONSIDERATION

1102.12.1 Budget Review (A03/0346)

Report dated 4 February 2011 from the Director, Corporate & Technical Services on Council’s 2nd Quarter Budget Review for 2010/11.

MOTION / DECISION (Betts / Main)

That Council:

1. Note this report on the budget review for the 2nd quarter 2010/11.

2. Vary the allocations to the recurrent and capital works budget in accordance with the review document.

This is Page 18 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.12.2 Alcohol Free Zone – Bondi Junction Area (A03/0099)

Report dated 27 January 2011 from the Director, Planning and Environmental Services about the re-establishment of an alcohol free zone at Bondi Junction for a further 3 years.

MOTION / DECISION (Clayton / Sloan)

That Council:

1. Receive and note this report.

2. Endorse the re-establishment of an alcohol free zone within Bondi Junction area as indicated on the map attached to the report but excluding areas defined as ‘Exempt Premises’ in accordance with the Liquor Act 1982.

3. Authorise the Mayor and General Manager, in consultation with the Lawson Ward Councillors, to finalise the re-establishment of the alcohol free zone once the statutory consultation obligations have been completed.

4. Authorise the Director, Planning and Environmental Services to complete the necessary post re-establishment statutory notification in accordance with the Local Government Act 1993.

5. Endorse the upgrade of the sign with anti-graffiti protective finish.

6. Install an extra sign near the Community Garden in Clemenston Park.

7. Officers prepare a report as to how Council and the Police can better enforce Council’s Alcohol Free Zones especially in Bondi Junction.

1102.12.3 Evaluation of Tender – Graphic Design Services (A10/0725)

Report dated 2 February 2011 from the Acting General Manager about the findings from the Assessment Panel created to evaluate the tender for Graphic Design Services.

MOTION / DECISION (Strewe / Betts)

That:

1. The Evaluation of Findings report attached to Council’s file 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 Go Media Design for the Graphic Design Retainer Service, and that Go Media and a further four graphic design companies form a panel of preferred contractors for other graphic design works during the contract period of three years with an option to extend for a further two years. The four additional companies on the panel are Cicreate, Metro Graphics, Salt Advertising Group and Surveillance Pty Ltd.

This is Page 19 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 3. The unsuccessful tenderers be notified of the tender result.

1102.12.4 Evaluation of Tender – Provision of Cleaning Services (A10/0507)

Cr Sloan declared a significant non-pecuniary interest in this item and informed the meeting that she previously worked with one of the tenderers. Cr Sloan was not present at or in sight of the meeting while Council considered and voted on this item.

Report dated 4 February 2011 from the Director, Corporate & Technical Services about the findings from the Assessment Panel created to evaluate the tender for the Provision of Cleaning Services – A10/0507.

MOTION / DECISION (Kay / Betts)

That:

1. The Evaluation of Findings report attached to Council’s file 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 IPS Cleaning Australia Pty Ltd for a contract period of three (3) years with an option to extend for a further three (3) years for the Provision of Cleaning Services – A10/0507.

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

1102.13 ADOPTION OF COMMITTEE MINUTES

1102.13.1 Development Control Committee Meeting – 1 February 2011

MOTION / DECISION (Kay / Betts)

That the Minutes of the Development Control Committee Meeting of 1 February 2011 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that Meeting.

1102.13.2 Finance, Ethics & Strategic Planning Committee Meeting – 8 February 2011

MOTION / DECISION (Betts / Main)

That the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting of 8 February 2011 be received and that such Minutes be confirmed as a true record of the

This is Page 20 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR proceedings of that Meeting and that the decisions contained in Clauses F-1102.1 to F- 1102.5 be received and noted and the recommendations contained in Clauses F-1102.6 to F-1102.14 be adopted.

Save and except the following:

1. Finance, Ethics & Strategic Planning Committee – Meeting Minutes – 8 February 2011 – Clause F-1102.7 – Pavilion Beach Group Pty Ltd – Nick’s Seafood Restaurant, Shop 1, Bondi Pavilion – New Lease (A02/0280-10).

And that this matter be dealt with separately below.

1102.13.2.1 Finance, Ethics & Strategic Planning Committee – Meeting Minutes – 8 February 2011 – Clause F-1102.7 – Pavilion Beach Group Pty Ltd – Nick’s Seafood Restaurant, Shop 1, Bondi Pavilion – New Lease (A02/0280-10)

This matter was saved and excepted by Cr Betts.

MOTION / DECISION (Betts / Clayton)

That the recommendation of the Finance, Ethics & Strategic Planning Committee made at its meeting on 8 February 2011 be adopted.

1102.13.3 Community, Housing, Environmental Services & Public Works Committee Meeting – 8 February 2011

MOTION / DECISION (Betts / Kay)

That the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting of 8 February 2011 be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decision contained in Clause C- 1102.1 be received and noted and the recommendation contained in Clause C-1102.2 be adopted.

1102.14 GENERAL MANAGER’S REPORT

1102.14.1 Tabling returns by Councillors and Designated Persons disclosing interests (A02/0648-02 and A03/006-06)

The report of 11 October 2010 from the Director, Corporate and Technical Services, indicated that five Councillors and six staff had not submitted a pecuniary interest return by the due date of 30 September as required by Section 450A of the Local Government Act 1993 (the Act).

This is Page 21 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR Returns from all five Councillors and three of the staff who had not submitted returns have now been lodged. In accordance with the legislation I would like to table these returns.

In relation to the three staff returns not yet received, two staff members are no longer with Council, the third staff member is on maternity leave and will be asked to submit her return when back at work following her period of leave.

I have determined not to take any further action in relation to these late returns. However, I would like to remind Councillors of the importance of complying with the Act in relation to reporting of pecuniary interests and in this case in relation to the need to lodge an annual return of interests in the form specified by the Local Government (General) Regulations by 30 September each year.

In addition, I would like to highlight the comments of the Pecuniary Interests and Disciplinary Tribunal in the case of Councillor Longbottom from (PIT 1/2004). In this matter the Tribunal said “careful, complete and due compliance with the legislation is of great significance to the proper transparent and accountable decision-making process in Local Government... it is not an acceptable excuse for Councillors to be ignorant of, or to pay careless attention to, either the legislation, or the guidelines issued by the Department... If a person takes on the responsibility of the office of a Councillor, then part and parcel of that responsibility is an obligation to comply with the provisions of the Act relating to pecuniary interest returns and to do so in a thorough and complete manner.”

MOTION / DECISION (Kay / Clayton)

That Council receive and note this information.

1102.14.2 Proposed Tender for the Supply of Waste Disposal Services (A07/0017 & A04/0398)

The purpose of this report is to seek Council’s approval for the calling of Selective Tenders to provide Advanced Wasted Treatment (AWT) services on behalf of Ashfield Municipal, Leichhardt Municipal, Marrickville, Waverley and Woollahra Municipal Councils.

In May 2010 participating Councils agreed to utilise the selective tendering provisions within the Local Government Act and the Local Government Regulations to seek tenders from Remondis, Veolia and WSN in relation to the eastern group of councils, and from Remondis, SITA, Veolia and WSN in relation to the western group. The selective tender process was deferred in June 2010 due market uncertainties in the NSW waste industry and recommended the Council Officers Working Group reconvene in January 2011 to review the proposed tender process.

The Working Group met on 25 January 2011, and agreed that the industry is now more stable. However, the City of advised that it was withdrawing from the process.

Issues Analysis

The two major issues affecting the waste industry in NSW were:

1. The NSW Department of Environment, Climate Change and Water (DECCW) General Exemption under Part 6, Clause 51 and 51A of the Protection of the Environment

This is Page 22 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR Operations (Waste) Regulation 2005, which covers the organic outputs from waste treatment, and which affects the marketability of the potential service providers’ products. The waste industry should now have had the opportunity to adjust to the regulation and to understand the implications for pricing.

2. The sale of WSN Environmental Services, which was causing uncertainty since it was a potential tenderer, its transfer stations were integral to waste management processes, and since other tenderers were likely buyers of WSN. The sale to SITA Environmental Solutions was announced by the Minister in 2010: SITA is likely to continue to use the transfer stations.

Recommended Next Steps

It is proposed that: . The remaining five participating Councils proceed to selective tender. . Other SSROC member Councils, whose own tender processes have been disrupted for similar reasons, be offered the opportunity to participate in any short-term landfill service contract. . An additional schedule be included in the Request for Tender for an optional separate food and organics waste stream, to accommodate participating Councils that may wish to utilise such a service in future.

Timeframe

Council has exercised its option to extend its current contract to June 2012. It is anticipated that the new contract will be executed with a contract commencement date of July 2012.

MOTION / DECISION (Strewe / Wakefield)

That Council:

1. Receive and note the report from the General Manager regarding the recommencement of the selective tender for the supply of waste disposal services.

2. Authorise advertising of the Tender.

1102.14.3 Request for Leave of Absence – Cr Guttman-Jones (A03/0029)

Cr Guttman-Jones has applied for leave of absence from Council for the period 13 February 2011 to 2 March 2011 to travel overseas.

MOTION / DECISION (Betts / Clayton)

That Council grant leave of absence to Cr Guttman-Jones for the period 13 February 2011 to 2 March 2011.

This is Page 23 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.15 PETITIONS

1102.15.1 Edmund Street, Queens Park Parking Restrictions (A03/2581)

Petition containing 38 signatures of residents of Edmund Street, Queens Park requesting the hours that the parking restrictions in Edmund Street, Queens Park do not restrict them from having visitors staying for dinner until 8pm, and that the restrictions be made not later than that indicated along side their signatures.

MOTION (Sloan / Wakefield) (WITHDRAWN)

That:

1. The petition be received and noted.

2. A street meeting be convened with all the residents of the street and Council officers to discuss the parking scheme.

MOTION / UNANIMOUS DECISION (Jackson / Main)

That:

1. The petition be received and noted and forwarded to the Director, Corporate and Technical Services.

2. A review of the Residential Preferred Parking Scheme (RPPS) hours of operation in Edmund Street be performed 12 months after the signage is installed.

D Trevelyan (speaking against the petition) addressed the meeting.

1102.16 QUESTIONS BY COUNCILLORS FOR NEXT COUNCIL MEETING

There were no questions by Councillors for next Council meeting.

1102.17 URGENT BUSINESS

1102.17.1 Bondi Beach Night Markets

This matter was raised as an item of urgent business by Cr Wakefield with the concurrence of Council.

MOTION / UNANIMOUS DECISION (Wakefield / Kanak)

That Council allows the Bondi Beach Night Markets to return to Roscoe Street Mall forthwith and until the tender for the operation of the markets is finalised.

This is Page 24 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR 1102.18 MATTERS TO BE DEALT WITH IN CLOSED SESSION

Note from the General Manager: It is my opinion that the business listed under this section is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media.

In accordance with section 10A(2) of the Act, Council may close part of its meeting to deal with business of the following kind: (a) personnel matters concerning particular individuals. (b) personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business. (d) commercial information of a confidential nature that would, if disclosed: i prejudice the commercial position of a person who supplied it; or ii confer a commercial advantage on a competitor of Council; iii reveal a trade secret. (e) information that would, if disclosed, prejudice the maintenance of law. (f) matters affecting the security of Council, Councillors, Council staff and Council property. (g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege. (h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed.

There were no matters dealt with in closed session.

1102.RM SUBMISSION OF RESCISSION MOTIONS

Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions.

Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice.

Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision.

Rescission motions will generally be dealt with at the next Council meeting.

The Chair called for the submission of any rescission motions and none were received.

This is Page 25 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR

THE MEETING CLOSED AT 10.00PM

SIGNED AND CONFIRMED MAYOR 15 MARCH 2011

This is Page 26 of the Minutes of the Council Meeting held on Tuesday, 15 February 2011.

MAYOR