Pro-Forma Minutes of Burwood Council Meetings - 9 September 2013

MINUTES OF BURWOOD COUNCIL MEETINGS9 SEPTEMBER 2013

Burwood Council Meetings

MINUTES OF THE MEETING OF THE COUNCIL OF BURWOODheld at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 9 September 2013 commencing at6.02pm.

ATTENDANCECouncillor Sally Deans

Councillor Tony Doueihi

Councillor John Faker(Mayor)

Councillor George Mannah

Councillor Justin Taunton

Councillor Ernest Wong

Mr M McMahon, General Manager

Mr T Briscese, Acting Deputy General Manager Corporate, Governance &

Community

Mr B Macdonnell, Deputy General ManagerLand, Infrastructure & Environment

Mr W Armitage, Chief Finance Officer

Mr B Mortimer, Manager Organisational Development

Mr J Inglese, Senior Manager Assets and Design

Mr B Olsen, ManagerBuilding and Development

Ms M Kucic, Acting Manager Strategic Planning

Ms P Viney, Governance Co-ordinator

Ms Y Tome, Governance Officer

OPENING OF MEETING BY THE MAYOR

The Mayor opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

Apologies
126/13 / RESOLVED(Carried Unanimously)
Thatan apology be granted to CouncillorLesley Furneaux-Cook and Councillor Justin Taunton
(Moved CouncillorErnest Wong/Seconded Councillor Tony Doueihi)

DECLARATIONS OF INTEREST

There were no declarations of interests by Councillors.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

Confirmation of Minutes
127/13 / RESOLVED(Carried Unanimously)
That the minutes of the meeting of theCouncil of Burwood held on Monday, 26August 2013, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.
(Moved Councillor Tony Doueihi/Seconded CouncillorErnest Wong)

Mayoral minute

(ITEM MM18/13) PROVISION OF EMERGENCY CONTACTS AND USEFUL INFORMATION TO RESIDENTS
File No: 13/36165
Summary
I would like staff to schedule the preparation of a fridge information magnet as part of the 2013-14 Budget, to be delivered to all households in the Burwood Local Government Area.
Background
A number of senior residents and families have asked me if Council provides a list of useful information and emergency contacts besides what is listed on Council’s website.
I believe the most effective way to provide such information would be with a fridge magnet, so as to ensure the contacts are readily available and accessible in the event of an emergency.
Contacts would include emergency numbers for Ambulance, Police, Crimestoppers, Fire Brigades, local hospitals, Poison Information Centre, as well as Council contacts such as Chambers, Library, Enfield Aquatic Centre.
In order to maintain cost effectiveness, the magnets could be delivered together with the rates notices next year.
128/13 / RESOLVED (Carried Unanimously)
That Council’s Media and Communications Team, in consultation with the Mayor’s Office and the General Manager’s Office, schedule the preparation of a mayoral fridge information magnet as part of the 2013-14 Budget, to be delivered to all households in the Burwood Local Government Area.
(ITEM MM19/13) ROUNDABOUT AT CORNER OF PAISLEY ROAD AND BRADY STREET, CROYDON
File No: 13/35792
Summary
Following representations from residents of Brady Street and Paisley Road, I would like staff to investigate any possible funding opportunity to install a roundabout at the intersection of the two roads.
Background
In the last two years I have received a number of representations from residents of Brady Street and Paisley Road, Croydon, about the dangerous character of the intersection between the two roads.
In response to the residents’ concerns, in 2011 Council submitted a “black length” funding application for a roundabout at the intersection. The application was unsuccessful based on an inadequate benefit to cost ratio and traffic calming treatments that were deemed inappropriate for residential streets.
In 2012, Council staff assessed the possibility to submit a “black spot” funding application rather then a “black length” funding application, meaning that the focus of the application was related to an intersection rather than a length of road. However, it was recognised that the subject intersection did not meet the warrant relating to casualty accidents, as outlined by the Roads and Maritime Services (RMS), making the application unacceptable.
The residents continue to raise their concerns and I would like to raise these
129/13 / RESOLVED (Carried Unanimously)

That Council Officers investigate the possibility of a roundabout at the intersection between Paisley Road and Brady Street and available data on accidents.
That a letter from the Mayor is sent to the Local Member for Strathfield seeking support for a funding application for a future RMS funding round.

(ITEM MM20/13) seating opportunities for elderly residents on georgesriver road
File No: 13/36084
Summary
Following representations from concerned residents and business owners, I would like staff to investigate the installation of suitable benches on Georges River Road, between Croydon Avenue and Seymour Street.
Background
The shops and businesses in the Georges River Road business precinct are frequently visited by elderly residents, and I have received a number of representations from concerned patrons and business owners about the lack of seating opportunities in the area.
The precinct offers a variety of businesses and residents can travel between them on foot, provided there are some areas where to sit and rest.
I feel the provision of adequate and suitable benches between Croydon Avenue and Seymour Street would assist both patrons and business owners in facilitating access to local shops and businesses.
130/13 / RESOLVED (Carried Unanimously)

That Council Officers investigate suitable locations along Georges River Road, between Croydon Avenue and Seymour Street, Croydon, for the installation of seating benches.
That Council delegate to the General Manager to report back to the Mayor regarding the investigation and for the Mayor and General Manager to agree on possible timing of budget period for the installation.

Procedural Motion
131/13 / RESOLVED (Carried Unanimously)
That Item 78/13 Investment of Council Funds as at 31 August 2013 be dealt with first on the Agenda and the Agenda to work its way back up to Item 69/13 Election of Deputy Mayor.
(Moved Councillor Ernest Wong /Seconded Councillor George Mannah)

General Business

(ITEM 78/13) Investment Report as at 31 August 2013
File No: 13/35223
Summary
In accordance with Clause 212 of the Local Government (General) Regulation 2005, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.
132/13 / RESOLVED(Carried Unanimously)
1.That the Investment Report for 31 August 2013 be approved.
2.That the Certificate of the Responsible Accounting Officer be received and noted.
(Moved Councillor Sally Deans/Seconded Councillor George Mannah)
(ITEM 77/13) Adoption Draft - Provision of Additional waste Service for Infirm/Incapacitated Residents Policy
File No: 13/34317
Summary
The Draft - Provision of Additional Waste Service for Infirm/Incapacitated Residents policy has been developed to assist households that may have a family member or resident who is infirm or incapacitated to the extent that the household might generate greater amounts of waste than would normally be expected. The need to pay for an additional waste service might put an unreasonable financial burden on the household.
The Draft Policy is now submitted to Council for adoption.
133/13 / RESOLVED(Carried Unanimously)
That Council adopt the Draft Provision of Additional Waste Service for Infirm/Incapacitated Residents Policy.
(Moved CouncillorErnest Wong/Seconded Councillor Tony Doueihi)
(ITEM 76/13) Adoption - Draft Social Media Policy
File No: 13/34320
Summary
Social media allows Council to engage with the greater community in an informal, personal way.
The Draft - Social Media Policy outlines the formal process to ensure that communication carried out by Burwood Council on social media is managed professionally and appropriately.
134/13 / RESOLVED(Carried Unanimously)

That Council adopts the Draft - Social Media Policy subject to the General Manager investigatingwhether a provision is required in the Policy to reflect the Mayor’s use of social media platforms.
That the General Manager is authorised to review the Policy, if required as per recommendation 1.

(Moved CouncillorErnest Wong/Seconded Councillor George Mannah)

Councillor Justin Taunton arrived at the meeting at 6.09pm

(ITEM 75/13) Draft - Councillors' Expenses and Facilities Policy 2013-2014 and Draft - Interstate and Overseas Travel Policy
File No: 13/25597
Summary
Section 252 of the Local Government Act 1993 requires Council to adopt a Councillors’ Expenses and Facilities Policy within five months after the end of each year. The final day for submission of the adopted policy to the Division of Local Government is 30 November 2013.
In addition, a Draft Interstate and Overseas Travel Policy has been developed to establish guidelines for interstate and overseas travel for Councillors and staff.
135/13 / RESOLVED(Carried Unanimously)
1.That the draft Councillors’ Expenses and Facilities Policy be endorsed by Council for public exhibition to allow community feedback.
2.That the draft policy is made available to the public on Council’s website, at Burwood Library and at Council’s Customer Service Counter for a period of 28 days.
3.That the General Manager report back to Council following the public exhibition period.
4.That the Draft Interstate and Overseas Travel Policy be adopted.
(Moved Councillor Tony Doueihi/Seconded Councillor Sally Deans)
(ITEM 74/13) Referral of the Annual Financial Reports for 2012-13 to Council's Auditor
File No: 13/34415
Summary
Council’s financial reports must be in accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Australian Accounting Standards, the Local Government Code of Accounting Practice and Financial Reporting and the Local Government Asset Accounting Manual. This is to ensure that the financial reports for each year fairly present the Council’s operating result and financial position for the year.
In accordance with section 413 of the Local Government Act 1993, Council’s Annual Financial Reports must be authorised for referral to the Auditor for audit.
136/13 / RESOLVED(Carried Unanimously)
That in accordance with Section 413(2)(c) of the Local Government Act 1993 and Clause 215 of the Local Government (General) Regulation 2005, Council resolve the following:
a.Authority is granted to the Mayor, Deputy Mayor and/or other Councillor, the General Manager and Responsible Accounting Officer to sign the Statements by Councillors and Management for the General Purpose Financial Reports and the Special Purpose Financial Reports for the year ended 30 June 2013.
b.The signed statements be attached to the 2012-13 Unaudited Financial Reports and presented to Council’s Auditor for the completion of the audit.

The Auditor be invited to attend the Internal Audit Committee meeting that will review the Annual Financial Reports and also to attend the Council meeting that is to adopt the audited Annual Financial Reports.

(Moved CouncillorErnest Wong/Seconded Councillor Justin Taunton)
(ITEM 73/13) Swimming Pool Inspection Program
File No: 13/34326
Summary
The Swimming Pools Amendment Act 2012 amended the Swimming Pools Act 1992 and required, among other things, the development and adoption by councils of a program for the inspection of swimming pools in its area to ensure compliance with the requirements of Part 2 – access to swimming pools - of the Swimming Pools Act 1992. This report recommends a program for inspections to be carried out and is required to go on public exhibition before adoption and implementation by Council.
137/13 / RESOLVED(Carried Unanimously)
1.The Swimming Pool Inspection Program be placed on public exhibition for 28 days and advertised in the Mayoral Column and on Council’s web site.
2.That a further report on the results of the exhibition be reported back to Council at its meeting of 21 October 2013.
3.Council Schedule of Fees and Charges with respect to the initial inspection fee of $150.00 be placed on public exhibition along with the Swimming Pool Inspection Program.
(Moved Councillor Tony Doueihi/Seconded Councillor George Mannah)
(ITEM 72/13) Blair Park Plan of Management Adoption
File No: 13/34583
Summary
Following the completed community consultation and planning for a dog off-leash area and bocce court in BlairPark this report seeks Council’s approval to adopt the Blair Park Plan of Management (PoM) (Attachment 1) subject to Ministerial approval of the CrownLand component of BlairPark which includes part of the dog off-leash area.
138/13 / RESOLVED(Carried Unanimously)
1.That Council adopt the Blair Park Plan of Management (subject to Ministerial approval of the Crown land component of BlairPark which includes part of the dog off-leash area).
2.That Council adopt the revised Active Recreation Generic Plan of Management in respect to KeithSmithPark.
(Moved CouncillorErnest Wong/Seconded Councillor George Mannah)
(ITEM 71/13) Planning Proposal for the Flower Power Site - 27 Mitchell Street, CroydonPark
File No: 13/28281
Summary
A Planning Proposal (PP) was submitted to Council for the rezoning of a major portion of the Flower Power site at No. 27 Mitchell Street Croydon Park, in order to facilitate the construction of eight 2 to 3 storey residential flat buildings containing approximately 239 dwellings. The proponent has also offered to enter into a Voluntary Planning Agreement (VPA) for the dedication of a portion of the site (approximately 1650m2) on the Mitchell Street frontage, including an existing dwelling, to Council, for a possible adaptive reuse of the dwelling for a community facility.
It is recommended that Council endorse the PP in principle, submit the PP to the Department of Planning and Infrastructure (DP&I) for a Gateway Determination. It is also recommended that the VPA negotiation be finalised upon receiving a positive Gateway Determination.
139/13 / RESOLVED(Carried Unanimously)
That the matter be deferred pending a Councillor Workshop.
(Moved CouncillorErnest Wong/Seconded Councillor Justin Taunton)
(ITEM 70/13) Council Committees
File No: 13/34096
Summary
To determine the formation of various Committees to assist Council in their decision making on various community, technical and planning issues as well as Council representation on such Committees.
140/13 / RESOLVED(Carried Unanimously)
That Council approve the Committees and appoint Councillors as Chairpersons, delegates and alternates for the term September 2013 to September 2014:
Committee/Board / Chairperson / Delegate(s) / Alternate(s)
1. / Building and Development Committee / Mayor
Deputy Mayor / All Councillors / N/A
2. / Burwood Anzac Commemorative Service Committee / Mayor / N/A / Cr Doueihi
3 / Burwood Local Traffic Committee / Mayor / N/A / Cr Doueihi
4. / General Manager’s Contract Review Panel / Mayor / Cr Taunton
Cr Mannah / Cr Furneaux-Cook
5. / Internal Audit Committee / N/A / Cr Furneaux-Cook
Deputy Mayor / Cr Taunton
6. / Multicultural and Community Relations Committee / Cr Wong / N/A / Cr Deans
7. / Burwood Access Committee / Cr Mannah / N/A / Cr Deans
8. / National Servicemen’s Association / Mayor / N/A / Cr Mannah
9. / Sandakan Community Educational Committee / Mayor / N/A / Cr Mannah
10. / Sydney East Joint Regional Planning Panel / N/A / Cr Wong
Cr Mannah / Mayor
Deputy Mayor
11. / Southern Sydney Regional Organisation of Councils – Full Committee / N/A / Mayor
Cr Mannah / Deputy Mayor
Cr Deans
12. / Southern Sydney Regional Organisation of Councils – Sustainability Committee / N/A / Cr Furneaux-Cook
Cr Doueihi / Cr Taunton
13. / Southern Sydney Regional Organisation of Councils – Program Delivery / N/A / Cr Taunton
Cr Mannah / Cr Deans
(Moved CouncillorErnest Wong/Seconded Councillor Tony Doueihi)
(ITEM 69/13) Election of Deputy Mayor
File No: 13/34094
Summary
This report outlines the process and options for the election of a Burwood Council Deputy Mayor.
141/13 / RESOLVED(Carried Unanimously)
1.That Council resolve to appoint a Deputy Mayor.
2.That Council elect a Deputy Mayor by a show of hands.
(Moved CouncillorErnest Wong/Seconded Councillor Justin Taunton)
The General Manager, as Returning Officer for the election, advised that the following nomination for Deputy Mayor had been received in writing:
1. Councillor Tony Doueihi
The Returning Officer noted that the above nomination had been consented to in writing by the nominee.
The Returning Officer asked if there were any other nominations for the position of Deputy Mayor. There were no other nominations.
There being no other nominations, the Returning Officer declared Councillor Tony Doueihi as Deputy Mayor.

Councillor Ernest Wong made a briefstatement about his time as deputy mayor

Councillor Tony Doueihi made a briefstatement about his election as deputy mayor

Information Items

(ITEM IN24/13) Petitions
File No: 13/33738
Summary
Council has received one petition since the last Council Meeting.
Background
Date Received / Petition Subject / No. of Petitioners within the LGA / No. of Petitioners outside the LGA / Responsible Council Division
22 August 2013 / Residents of Neich Parade concerning Development Application BD.2013.86 to construct a 9 storey mixed building / 10 / 0 / Land, Infrastructure and Environment
Comments
That Council notes that the Petition has been referred to the appropriate Council Officers for attention.
No Decision – Information Item Only
(ITEM IN25/13) Answers to Questions Without Notice for the Council Meeting of 26 August 2013
File No: 13/34426
Summary
At the Council Meeting of 26 August 2013 the following Questions without Notice (QWN) were submitted by Councillors. Staff responded to the QWN and Councillors were notified on 4 September 2013 of the outcome of the QWN.
These are now submitted as part of the Council Agenda for Public Notification.
QUESTIONS WITHOUT NOTICE – COUNCIL MEETING OF 26 AUGUST 2013
Question / Response
Q16 – Councillor Lesley Furneaux-Cook
Could staff report on the outcome of the assessment of the information provided by Robert Street residents on the alleged illegal boarding houses in their street? / DGMLand Infrastructure and Environment
Alleged premises are under investigation. Following investigation a report will be provided to Councillors.
Q17 – Councillor Lesley Furneaux-Cook
Can Council update its website information on Development Applications received as it still remains as at 18 July 2013? / DGMLand Infrastructure and Environment
The DA section of the Website was updated on Tuesday 27 August 2013. Procedures have been put into place to ensure that the DA section of the website is kept up to date.
Q18 – Councillor Lesley Furneaux-Cook
What action can Council take with regard to the rubbish on the footpath next to the vacant lot and within the vacant lot at 96 Liverpool Road, BurwoodHeights? / DGMLand Infrastructure and Environment
The rubbish located on the vacant land at 96 Liverpool Road, BurwoodHeights is under investigation. An Order under the Local Government Order 21 has been issued. Council has been working through the issues with the owner and arrangements are being considered for clean up.
Q19 – Councillor John Faker
In relation to the property on Duff Street, as its heritage listed can Council issue an order to restore the heritage fence? / DGMLand Infrastructure and Environment
The property at 284 Burwood Road (corner Duff Street) is located within a Heritage Conservation Area. This heritage designation provides Council with no additional powers of enforcement than those that apply to other properties. Under the Local Government Act, an order may be issued to require fencing of land in the interests of public health and safety, but such an order would result in the basic securing of the property, not the restoration of a heritage fence.
Q20 – Councillor John Faker
Can the General Manager write to the State Member and State Rail in relation to the mural on the overhead bridge on the corner of Burwood Road and Railway Parade (RailwayBridge) and can Council check whether the security cameras recorded an incident? / DGMLand Infrastructure and Environment
The bridge structure is owned and maintained by Sydney Trains (ex Railcorp), Council staff are not authorised to carry out any maintenance works on the bridge. All maintenance requests shall be referred to Sydney Trains for their action. A request to remove the graffiti has been sent to Sydney Trains. Letters have also been prepared and sent to the Local Member and the Rail Infrastructure Manager of Sydney Trains.
The matter will be reported to the Police by Council’s Graffiti Team. If the Police deem it to be a criminal offence they will then contact Sydney Trains to seek footage from security cameras if available.
Q21 – Councillor Justin Taunton
Can Council investigate the boarding houses in Robert Street, following allegations raised by residents at the Building and Development Committee Meeting on 19 August 2013 of alleged illegal activity? / DGMLand Infrastructure and Environment
Alleged premises are under investigation. Following investigation a report will be provided to Councillors.
Q22 – Councillor Justin Taunton
Can Council review a request for traffic calming devices in Weldon Street? / DGMLand Infrastructure and Environment
A review of traffic volumes and speeds is currently being undertaken. Any proposed treatments will go through consultation with all residents.
Q23 – Councillor Justin Taunton
Can Council investigate the issue reported from the resident Ms Eva La Rocca in relation to the state of the nature strips along Liverpool Road and Burwood Road, BurwoodHeights? / DGMLand Infrastructure and Environment
The rubbish located on the vacant land at 96 Liverpool Road Burwood Heights is under investigation and Order. Council has been working through the issues with the owner and arrangements are being considered for clean up. Dumped rubbish at both locations is removed as per service standards. The nature strips at both locations are mowed as per service standards.
No Decision – Information Item Only
Matter of Urgency
142/13 / RESOLVED (Carried Unanimously)
That Item 80/13 Property Purchase – Burwood be dealt with in closed session.
(Moved CouncillorErnest Wong/Seconded Councillor George Mannah)
Confidential ITEMS - Closed Session
143/13 / RESOLVED(Carried Unanimously)
That the meeting move into closed session in order to consider Item 79/13 7-9 Elm Street, Burwood Heights – Proposed Sale of Council’s Premises to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and Item 80/13 Property Purchase – Burwood to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (C) of the Local Government Act 1993, as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
(Moved CouncillorErnest Wong/Seconded Deputy MayorTony Doueihi)

There were no representatives from the public to address the council before the resolution to move into closed session was carried.