Pro-Forma Minutes of Burwood Council Meetings - 14 February 2012

MINUTES OF BURWOOD COUNCIL MEETINGS14 FEBRUARY 2012

Burwood Council Meetings

MINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Tuesday, 14 February 2012 commencing at 6.05pm.

ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans

Councillor John Faker (Mayor)

Councillor Lesley Furneaux-Cook

Councillor Henson Liang

Mr M McMahon, General Manager

Ms V Lee, Deputy General Manager Corporate, Governance & Community

Mr B Macdonnell, Deputy General Manager Land, Infrastructure & Environment

Mr T Briscese, Executive Manager

Mr W Armitage, Chief Finance Officer

Mr B Mortimer, Manager Organisational Development

Mr J Inglese, Senior Manager Assets & Design

Mr H Gavrilis, Manager Environment & Health

Ms D Luo, Manager Strategic Planning

Mr R Di Federico, Manager Traffic & Transport

Mr D Nelson, Media & Communications Co-ordinator

Ms P Viney, Governance Co-ordinator

Ms Y Tome, Governance Officer

OPENING OF MEETING

The Mayor opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

Apologies
1/12 / RESOLVED (Carried Unanimously)
That an apology be granted to Councillor Ernest Wong.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

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
2/12 / RESOLVED (Carried
That the minutes of the meeting of the Council of Burwood held on Tuesday 6 December 2011, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Address by the Public on Agenda Items

NameAg / Item
Ms Karen York
30 Dawson Street
Croydon / Item In 6/12 - Petitions
Mr Peter Stepek
Rostherne Avenue
Croydon / Item In 6/12 - Petitions
Mr Doug Humphreys / Item 2/12 – Burwood Public Parking Strategy Review
Ms Kate Roberts
2a Brady Street
Croydon / Item 2/12 – Burwood Public Parking Strategy Review

MAYORAL MINUTES

(ITEM MM1/12) DOG OFF LEASH AREA – BLAIR PARK CROYDON
File No: 12/7845
Summary
Council has received representations from residents requesting a dog off-leash area in Blair Park. Subsequently, I attended a site meeting with residents and staff to discuss the matter. At that meeting I informed residents that I would raise the matter at the next Council meeting. I also advised that various planning and administrative steps would need to be fulfilled to implement the proposed dog off-leash area in Blair Park.
Background
Council has received representations, including a petition with over 200 signatures, from residents requesting a dog off-leash area in Blair Park. A site meeting was held on 10 February, 2012 to discuss the possibility of the dog off-leash area with myself, Councillor Furneaux-Cook, three residents, and Council staff. Councillor Furneaux-Cook had previously raised the matter at a Council meeting in 2011. Staff have undertaken a preliminary evaluation of the Blair Park site.
To commence the planning for this project, I ask that our Land Infrastructure and Environment Division carries out a site inspection to determine the constraints and opportunities offered by the proposed site and the technical requirements needed to implement the proposal.
With the confirmation of the proposed site's viability, I will request that staff undertake community consultation on the proposal with the residents around Blair Park. Should the community consultation prove supportive of the proposal staff will be required to report back to Council and provide recommendations for Council’s consideration. Staff will also prepare detailed working drawings, a budget for the proposed works and a revised Plan of Management for Blair Park for consideration and adoption by Council.
3/12 / RESOLVED (Carried Unanimously)
That staff commence the site investigations, community consultation and planning for a dog off-leash area in Blair Park and report back to Council.
(ITEM MM2/12) APPROVED HOURS OF CONSTRUCTION WITHIN BURWOOD TOWN CENTRE
File No: 12/7709
Summary
The standard hours of construction for development applications approved in Burwood Local Government Area (LGA) is 7am to 5.30pm Monday to Friday and 7am to 1pm on Saturday, with no work on Sunday and Public Holidays. I have become aware of the increasing trend within the construction industry for work on Saturdays to extend to 4pm. This has created a number of issues, particularly within the Burwood Town Centre, with builders finding it difficult to comply with the approved hours of work. Council’s Rangers have issued a number of fines to builders for breach of working hours on Saturday afternoon.
I am of the view that working practices within the construction industry have changed, particularly within Town Centre areas and it is not unusual for builders to work Saturday afternoon. Other Council’s within the Sydney metropolitan area permit working on Saturday afternoons within their CBD’s and provided works cease at the appropriate time on a Saturday, the additional hours of work will have little impact upon the surrounding areas. At this stage I believe that an extension of hours should not extend to areas outside the Burwood Town Centre as I believe the impacts that may result may not be acceptable within the residential areas of Burwood. Any change in hours would only relate to new development applications however existing applicants would have the opportunity to be able to modify their existing consents if needed.
At this time I am suggesting that staff prepare a report on the implications of an extension of working hours as suggested with the report being referred back to Council for consideration.
4/12 / RESOLVED (Carried Unanimously)
That Council staff investigate the feasibility and implications of altering the approved hours of construction work for developments within the Burwood Town Centre to 4pm on a Saturday and a subsequent report be referred to Council for consideration.
(ITEM MM3/12) BURWOOD PARKING STRATEGY
File No: 12/7833
Summary
A review of the Parking Strategy has taken place and is being presented at tonight’s meeting. I have been advised by the General Manager that the final roll out of the last two zones for the 2P Prime Parking Permit will commence shortly.
I have been approached by a number of residents regarding the two hour free parking allowance offered to residents who park in Council’s timed car parks. They have expressed the desire to increase the hours to three hours as two hours is sometimes insufficient when shopping or attending to other matters in our commercial areas.
I will ask staff to investigate the expansion of the 2P Prime Parking Permit to provide for three hours free parking per day for residents and report back to a meeting of Council with introducing a three hours Prime Permit scheme. As well as, one free visitor permit under the Residential Parking Scheme.
5/12 / RESOLVED (Carried Unanimously)

That the General Manager investigate the possibility of extending the 2P Prime Parking Permit to a maximum of three hours per day for residents in Council’s timed car parks.

That the General Manager investigate the possibility of issuing one free visitor permit under the Residential Parking Scheme.

General Business

(ITEM 1/12) Planning Proposal for 302-314 Parramatta Road, Burwood - Public Exhibition and Review of Submissions
File No: 12/5091
Summary
The Planning Proposal for 302-314 Parramatta Road, Burwood proposes to include “liquor store, associated parking and loading dock” in Schedule 8 under Clause 78D of the Burwood Planning Scheme Ordinance 1979 (BPSO). It seeks to legitimise the existing Dan Murphy’s use on the site. The Planning Proposal was placed on public exhibition for a period of 14 days in accordance with the Department of Planning and Infrastructure’s (DP&I) Gateway Determination. Two submissions were received during the public exhibition period. This report provides a review of submissions and recommends that Council endorse the Planning Proposal as exhibited.
6/12 / RESOLVED (Carried Unanimously)
1.That the outcome of the public exhibition of the Planning Proposal for 302-314 Parramatta Road, Burwood be noted.
2.That Council endorse the Planning Proposal for 302-314 Parramatta Road, Burwood as exhibited, to include “liquor store, associated car parking and loading facilities” to Schedule 8 under Clause 78D of BPSO, on the subject land.
3.That Council forward the Planning Proposal as exhibited, to the Department of Planning and Infrastructure for the commencement of the legal drafting of the Local Environmental Plan in accordance with Part 3 of the Environmental Planning & Assessment Act 1979 and the Department’s guidelines.
4.That the applicant be advised of Council’s resolution.
(Moved Councillor Sally Deans/Seconded Councillor Lesley Furneaux-Cook)
(ITEM 2/12) Burwood Public Parking Strategy Review
File No: 12/3371
Summary
The following report outlines the review of the Burwood Public Parking Strategy which was adopted by Council in August 2010, with the final implementation completed in August 2011. The review process has considered submissions from residents, businesses, educational facilities and visitors to the area relating to changes in parking restrictions and demands as a result of the Strategy.
The review also incorporates an in depth analysis on current parking data and trends, as well as a comprehensive review of the objectives set within the original Parking Strategy and the Parking Strategy’s ability to meet those objectives. The review also makes recommendations on how to further improve parking management within the Burwood and Strathfield Town Centres.
7/12 / Original Recommendation(s)

That Council place the Burwood Public Parking Strategy Review on exhibition for a period of 28 days, including the Burwood Local Traffic Committee.

MOTION (Carried)

That Council place the Burwood Public Parking Strategy Review on exhibition for a period of 21 days, including the Burwood Local Traffic Committee.
That Brady Street between Paisley Road and Fitzroy Street be 2P Parking on the both East and West sides.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)
(ITEM 3/12) Public Exhibition of Development Control Plan No.17 - Waste Management
File No: 11/49521
Summary
Council, at its meeting dated 18 October 2011 resolved that the Draft Development Control Plan (DCP) No. 17 – Waste Management, be placed on public exhibition. The revised DCP incorporates current waste management practices and takes into account directives and best practice principles promoted by the New South Wales Government.
8/12 / RESOLVED (Carried Unanimously)
That the Draft Development Control Plan No.17 – Waste Management be adopted and endorsed for immediate implementation.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Henson Liang)
(ITEM 4/12) Endorsement- Draft Busking Policy
File No: 12/3670
Summary
To seek Council’s endorsement of the Draft Busking Policy.
9/12 / RESOLVED (Carried Unanimously)
That Council adopts the Draft Busking Policy.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)
(ITEM 5/12) Endorsement- Draft Charity Clothing Bin Policy
File No: 12/3672
Summary
To seek Council’s endorsement of the Draft Charity Clothing Bin Policy.
10/12 / RESOLVED (Carried Unanimously)
That Council adopts the Draft Charity Clothing Bin Policy.
(Moved Councillor Henson Liang/Seconded Councillor Lesley Furneaux-Cook)

Councillor Christine Donayre left the meeting at 6:42 PM

Councillor Christine Donayre returned to the meeting at 6:43 PM

(ITEM 6/12) Endorsement - User Fees for Council Services Policy
File No: 12/193
Summary
A new User Fees for Council Services Policy has been drafted to provide a transparent and consistent approach to pricing determinations, based on guiding principles, with respect to fees made by Council under Section 608 of the Local Government Act 1993.
11/12 / RESOLVED (Carried Unanimously)
1.That the Draft - User Fees for Council Services Policy be formally adopted.
2.That the Policy be published on Council’s website.
3.That the Policy is incorporated within the Annual Fees and Charges published as part of the yearly Operational Plan.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)
(ITEM 7/12) Endorsement - Draft Councillor Induction, Briefings & Workshops Policy
File No: 12/276
Summary
To seek Council’s endorsement of the Draft – Councillor Induction, Briefings & Workshops Policy. This Policy was introduced to complement Council’s Code of Meeting Practice on the conduct of Councillor Induction, Briefings and Community Workshops.
12/12 / RESOLVED (Carried Unanimously)
That the Council adopts the Draft – Councillor Induction, Briefings & Workshops Policy.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)
(ITEM 8/12) Budget Review for Quarter Ending 31 December 2011
File No: 12/4837
Summary
The 2011-12 Budget was adopted at the Council Meeting held on 28 June 2011 with a surplus of $76,397. The adopted budget was prepared on the basis of the organizational structure in existence at the time and includes three Divisions (General Manager and two Divisions).
The purpose of this report is to provide Council with the financial results for the period ending 31 December 2011 of the 2011-12 Financial Year. As per Local Government (General) Regulations Clause 203(1) states: “No later than 2 months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement.”
The following Statement of Budget Income and Expenditure identifies a forecasted funding surplus of $118,142 as at 31 December 2011 compared to the revised adopted forecasted surplus of $111,409 as at 30 September 2011 which was adopted at the November 2011 Council Meeting. The reasons for the net improvement of $6,733 are outlined in the report.
13/12 / RESOLVED (Carried Unanimously)
1.That the budget review statement of the 2011-12 budget as at 31 December 2011, including the statement by the Responsible Accounting Officer, Acting Chief Finance Officer, be received and noted.
2.That in accordance with clauses 203 and 211 of the Local Government (General) Regulations 2005, the revised estimates of income and expenditure for 2011-12, as shown in the report be approved, that the Council’s adopted budget be adjusted accordingly and that the expenditure and income variations projected in the report be, and are hereby voted.
3.That a review of the budget for 2011-12 be undertaken with the objective of maintaining the forecasted surplus of $118,142.
(Moved Councillor Sally Deans/Seconded Councillor Henson Liang)
(ITEM 9/12) Investment Report as at 31 December 2011
File No: 11/49806
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.
14/12 / RESOLVED (Carried Unanimously)
1.That the investment report for 31 December 2011 be received and endorsed.
2.That the Certificate of the Responsible Accounting Officer be noted and the report adopted.
(Moved Councillor Henson Liang/Seconded Councillor Sally Deans)
(ITEM 10/12) Investment Report as at 30 November 2011
File No: 11/46798
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.
15/12 / RESOLVED (Carried Unanimously)
1.That the investment report for 30 November 2011 be received and endorsed.
2.That the Certificate of the Responsible Accounting Officer be noted and the report adopted.
(Moved Councillor Henson Liang/Seconded Councillor Sally Deans)
(ITEM 11/12) Approval of Audit Committee Charter
File No: 12/3885
Summary
The Audit Committee has undertaken a review of its Committee Charter to ensure alignment with the Division of Local Government’s Audit Committee Charter model (as per Internal Audit Guidelines 2010). The revised draft Charter is presented to Council to be approved.
16/12 / RESOLVED (Carried Unanimously)
That Council approve the revised draft Audit Committee Charter.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)
(ITEM 12/12) Delivery Program 2011/15 - Quarterly Report for the period ending 31 December 2011
File No: 12/5435
Summary
Following introduction of the Integrated Planning and Reporting framework in 2009, Section 404(5) of the Local Government Act 1993 requires that the General Manager provide regular progress reports to the Council, at least every six months, as to its progress with respect to the principal activities detailed in its Delivery Program.
As per Burwood Council’s Delivery Program 2011-15 (Strategic Goal 2.1.3), a review of the Program is to be presented to Council on a quarterly basis.
This report represents the second quarterly review of the Delivery Program 2011-15, adopted by Council on 28 June 2011.
17/12 / RESOLVED (Carried Unanimously)
That Council endorse the Delivery Program 2011/15 Quarterly Report for the period ending 31 December 2011.
(Moved Councillor Sally Deans/Seconded Councillor Henson Liang)

Information Items

(ITEM IN1/12) Audit Committee - Summary Report
File No: 12/3808
Summary
This summary report is presented to Council to brief Councillors and the public on activities of the Audit Committee.
No Decision – Information Item Only
(ITEM IN2/12) Establishment of the Capital Program Working Party
File No: 12/4311
Summary
The General Manager has established the Capital Program Working Party to coordinate, monitor and review Burwood Council’s Capital Works Program.
No Decision – Information Item Only
(ITEM IN3/12) Answers to Questions Without Notice for the Council Meeting of 22 November 2011
File No: 12/317
Summary
At the Council Meeting of 6 December 2011 Questions without Notice (QWN) were submitted by Councillors. Staff responded to the QWN and Councillors were notified on the 16 December 2011 of the outcome of the QWN.
No Decision – Information Item Only
(ITEM IN4/12) Environmental Management Plans - Annual Progress Report
File No: 12/5087
Summary
This report provides an update on actions undertaken in relation to Council’s environmental and sustainability action plans for the past 12 months.
No Decision – Information Item Only
(ITEM IN5/12) Mayoral Discretionary Grants - Small Donations made for the period 1 July 2011 to 31 December 2011
File No: 12/5097
Summary
Council adopted the Discretionary Grants – Small Donations Policy on 28 September 2010 which includes a requirement to report to Council a list of donations.
No Decision – Information Item Only
(ITEM IN6/12) Petitions
File No: 11/47463
Summary
Four Petitions have been received by Council.
Date Received / Petition Subject / No. of Business/Household Signatures / Action
6 December 2011 / P & C Committee – Croydon Public School Road Safety Petition / 284 / Land, Infrastructure & Environment
14 December 2011 / Opposing Development Application BD.2011.186 at 24 Burleigh Street, Burwood / 48 / Land, Infrastructure & Environment
23 January 2012 / Opposing Development Application DA 20011.180 at 19 Burwood Road, Burwood / 40 / Land, Infrastructure & Environment
7 February 2012 / A Leash-Free Area in Blair Park, Croydon/Burwood / 166 / Land, Infrastructure & Environment
No Decision – Information Item Only
(ITEM IN7/12) Reports Approved under Delegated Authority - During the 2011/12 Recess Period
File No: 12/5115
Summary
Council, at its meeting held 22 November 2011, granted delegated authority to the Mayor and General Manager to deal with matters during the Council recess period and resolved that all decisions be reported to the February meeting.
The following decisions were made under Delegated Authority:

Development Application No. 188/2011 - to renew and rebuild the roof of the existing smash repair premises at No. 78 Burwood Road, Burwood Heights

Recommendations as approved:
a) That the Development Application No. 188/2011 be approved in accordance with the attached report.
No Decision – Information Item Only
(ITEM IN8/12) COUNCILLOR SIDOTI – RESIGNATION EFFECTIVE 13 FEBRUARY 2012
File No: 12/8328
Summary
Cr John Sidoti has tendered his resignation from Council effective 13 February 2012. Cr Sidoti resigned due to the extended work load as the Member for Drummoyne, the Chair and Co-Chair of Committees in the NSW Parliament. Cr Sidoti expressed that his duties as Councillor should not become secondary.
No Decision – Information Item Only
(ITEM 14/12) DISPENSING WITH A BY-ELECTION – SECTION 294 OF LOCAL GOVERNMENT ACT 1993
File No: 12/8362
Summary
Cr John Sidoti resigned on 13 February 2012. Under Section 292 of the Local Government Act 1993 (the Act), Council may seek from the Minister a dispensation to conduct a By-election in accordance with Section 294 of the Act.
Background
Section 292 of the Local Government Act 1993 (the Act) states that a By-election to fill a casual vacancy of a Councillor of an area is to be held on a Saturday that falls not later than three months after the vacancy occurs.
However, Section 294 of the Act states that if the vacancy falls within 18 months of the date specified for the next ordinary election, Council may apply to the Minister for a dispensation to conduct a By-election.
It should be noted that the next Council general election is scheduled for 8 September 2012 and therefore Section 294 applies.
Proposal
As the 2012 Local Government Election has been declared to be conducted on 8 September 2012 and the cost of running a By-election would be prohibitive it is considered appropriate to seek the Minister’s approval for a dispensation.
Financial Implications
It is estimated that a By-election would cost approximately $200,000.
Conclusion
That Council seeks a dispensation from the Minister for Local Government to conduct a By-election as a result of Councillor Sidoti’s resignation.
18/12 / RESOLVED (Carried Unanimously)

That Council resolves not to have a By-election to fill the vacancy left by Councillor Sidoti as per Section 294 of the Local Government Act 1993.

That the General Manager requests the Minister for Local Government to grant a dispensation for a By-election in light of the 2012 Local Government Elections being held on 8 September 2012.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Henson Liang)
Confidential ITEMS - Closed Session
19/12 / RESOLVED (Carried Unanimously)
That the meeting move into closed session in order to consider Item 13/12 Sale to GT International Investments Pty Limited – Site A & Sale to Burwood Central Square Pty Limited – Site B to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (g) of the Local Government Act 1993, as the matter involves advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre)

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