MINUTES OF BURWOOD COUNCIL MEETINGS23 JULY 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 Tuesday 23 July 2013 commencing at6.10pm.
ATTENDANCECouncillor Sally Deans
Councillor John Faker(Mayor)
Councillor Lesley Furneaux-Cook
Councillor George Mannah
Councillor Ernest Wong
Mr M McMahon, General Manager
Ms V Lee, Deputy General Manager Corporate, Governance and Community
Mr B Macdonnell, Deputy General ManagerLand, Infrastructure and Environment
Mr T Briscese, Executive Manager
Mr W Armitage, Chief Finance Officer
Mr B Mortimer, Manager Organisational Development
Ms P Viney, Governance Co-ordinator
Mr B Olsen, ManagerBuilding and Development
Mr H Gavrilis, Manager Environment and Health
OPENING OF MEETING BY THE MAYOR
The Mayor opened the meeting with a prayer.
OPEN FORUM
There was no business for this item.
Apologies92/13 / That a leave of absence be granted to Councillor Tony Doueihi. That Councillor Justin Taunton was an apology.
(Moved Councillor George Mannah/Seconded Councillor Sally Deans)
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 Minutes93/13 / That the minutes of the meeting of theCouncil of Burwood held on Tuesday 25 June 2013 and the Extra-ordinary Council Meeting held on 9 July 2013, as circulated, be confirmed and signed as a true record of the proceeding of the meetings.
(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)
Address by the Public on Agenda Items
There was no business for this item.
General Business
Confidential ITEMS - Closed SessionRESOVLED(unanimously)That the meeting move into closed session in order to consider:
(ITEM 52/13) 113-117 Burwood Road Burwood - DA 189/2011 Section 96 Modification - Voluntary Planning Agreement
That above item 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.
94/13 / (Moved Councillor George Mannah/Seconded Deputy Mayor Ernest Wong)
There were no representatives from the public to address the council before the resolution to move into closed session was carried.
The Meeting moved into Closed Session at 6.15 pm the public and press excluded from the meeting.
The meeting resumed in Open Session at6.38pm.
(ITEM 52/13) 113-117 Burwood Road Burwood - DA 189/2011 Section 96 Modification - Voluntary Planning AgreementFile No: 13/25267
Summary
The applicant for the above Development Application (DA) for 113-117 Burwood Road, Burwood has lodged a Section 96 modification to utilise four additional rooms in the approved boarding house. The rooms were built without approval from Council and there is not sufficient parking on site to support the rooms. The applicant has proposed a Voluntary Planning Agreement (VPA) as a means of making a cash contribution to Council in lieu of the deficient parking. The modification application has been assessed by an Independent Town Planner who has supported the proposal and who also recommends that the parking provisions for Boarding Houses in the Burwood Development Control Plan be amended accordingly.
95/13 / RESOVLED(unanimously)
1.That Council seek legal advice (to be paid by the Applicant) in respect of the draft VPA and the Applicant be required to provide the required Explanatory Note that must be exhibited with the VPA.
2.That Council agree to the exhibition of the draft VPA and the accompanying Explanatory Note (when provided).
3.That a further report be provided to Council following the exhibition.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)
Councillors Ernest Wong and Lesley Furneaux-Cook called for a DIVISION.
The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
FOR / AGAINSTCouncillor Wong / Councillor Furneaux-Cook
Councillor Deans
Councillor Faker
Councillor Mannah
Total (4) / Total (1)
(ITEM 53/13) Local Government Remuneration Tribunal - Fees for Mayor and Councillors
File No: 13/25233
Summary
The Local Government Remuneration Tribunal has determined the minimum and maximum fees payable to the Mayor and Councillors for the year 1 July 2013 to 30 June 2014. It is recommended that Council determine the fees payable to the Mayor and Councillors for 2013-2014 in accordance with the range specified for a Metropolitan Council (as determined in the Tribunal’s Report).
96/13 / RESOVLED(unanimously)
That Council set the maximum fee, of $17,490 for Councillors and $38,160 for the Mayor.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)
Matter of Urgency
97/13 / Jadeworld carnival 2013 – proposal for support that the matter be considered as a matter of urgency as the event is to be held on Saturday 31 August 2013.
(Moved Deputy Mayor Ernest Wong/Seconded Mayor John Faker)
(ITEM ) JADEWORLD CARNIVAL 2013- PROPOSAL FOR SUPPORT
File No: 13/28779
Summary
Council received a proposal from TVB Australia, the leading Chinese television in Australia, and its subsidiary Jadeworld, to host the Jadeworld Carnival 2013 in Burwood.
It is proposed that Burwood Council support the event as part of its annual celebrations for Lunar New Year, by providing a donation of $14,885.45 to cover costs for structural components as well as park hire and related fees.Government’s (DLG) requirements. Council is being requested to adopt the Panel.
98/13 / RESOVLED(unanimously)
1.That Council approve a donation of $14,885.45 to Jadeworld Carnival 2013, to cover costs of stage structure, audio equipment and audio technician, garbage removal service on the day (staff, truck and related charges),and the following fees:
- Park Hire fee $2,230.00
- Admin fee $145.00
- Electricity fee $300.00
- Stage fee $145.45
- Stalls fee $246.00
- Marquee fee $91.00
(Moved Deputy Mayor Ernest Wong/Seconded Councillor Sally Deans)
(ITEM 54/13) SSROC - Code of Conduct Review Panel
File No: 13/24436
Summary
At its meeting of 28 June 2011 Council appointed the Southern Sydney Region of Councils (SSROC) Panel of Code of Conduct Reviewers. SSROC have called for Expressions of Interest to review and reappoint a regional panel of Code of Conduct Reviewers with a range of skills that can meet Council’s requirements and also meet the Division of Local Government’s (DLG) requirements. Council is being requested to adopt the Panel.
99/13 / RESOVLED(unanimously)
That Council appoint the SSROC Panel as its Code of Conduct Reviewers for investigating breaches of the Code of Conduct.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor Lesley Furneaux-Cook)
(ITEM 55/13) Adoption - Draft Burwood Library Internet Access Policy
File No: 13/13755
Summary
The Burwood Library’s Internet Policy governs public access to the library’s Internet computers and the wireless system used within the library. The Policy has been reviewed and updated and is now required to be adopted by Council.
100/13 / RESOVLED(unanimously)
That Council adopts the Draft Burwood Library Internet Access Policy.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)
(ITEM 56/13) Adoption - Draft Debt Recovery Policy
File No: 13/25642
Summary
The Draft Debt Recovery Policy has been developed in response to the Division of Local Government’s (DLG) Promoting Better Practice Program Review Report recommendations. The Policy provides a framework for the recovery of outstanding monies owed to Council. The Policy is now submitted to Council for adoption.
101/13 / RESOVLED(unanimously)
That Council adopts the Draft Debt Recovery Policy.
(Moved Councillor George Mannah/Seconded Councillor Sally Deans)
(ITEM 57/13) Adoption - Fraud and Corruption Prevention Policy
File No: 13/25834
Summary
The Fraud and Corruption Prevention Policy states Burwood Council’s commitment to the prevention of fraud and corruption, and outlines the methodology in place to deter and detect fraudulent behaviour and corrupt conduct.
102/13 / RESOVLED(unanimously)
That Council endorse the Draft Fraud and Corruption Prevention Policy.
(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)
(ITEM 58/13) Adoption - Draft Terms of Reference Economic Development Advisory Panel
File No: 13/25942
Summary
The Terms of Reference for the Economic Development Advisory Panel provide a framework for the creation of the Advisory Panel and the implementation of strategies contained in Council’s Economic Development Statement.
103/13 / RESOVLED(unanimously)
1.That Council endorse the Draft Terms of Reference – Economic Development Advisory Panel, subject to identifying the position of Deputy Chair.
2.That the Mayor, Cr John Faker, be elected as the Chair and Cr Tony Doueihi be elected as the Deputy Chair, to the Economic Development Advisory Panel.
(MovedDeputy Mayor Ernest Wong/Seconded Councillor George Mannah)
(ITEM 59/13) Investment Report as at 30 June 2013
File No: 13/25533
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.
104/13 / RESOVLED(unanimously)
1.That the Investment Report for 30 June 2013 be approved.
2.That the Certificate of the Responsible Accounting Officer be received and noted.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor Sally Deans)
Information Items
(ITEM IN13/13) Mayoral Discretionary Grants - Small Donations made for the period ending 30 June 2013File No: 13/25328
No Decision – Information Item Only
(ITEM IN14/13) Power of Attorney for the General Manager
File No: 13/25409
No Decision – Information Item Only
(ITEM IN15/13) Answers to Questions Without Notice for the Council Meeting of 25 June 2013
File No: 13/25692
No Decision – Information Item Only
(ITEM IN16/13) Audit Committee - Summary Report
File No: 13/25961
No Decision – Information Item Only
(ITEM IN17/13) Petitions
File No: 13/25978
No Decision – Information Item Only
105/13 / Confidential ITEMS - Closed Session
RESOVLED(unanimously)
That the meeting move into closed session in order to consider:
(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)
(ITEM TE3/13) Inner Sydney Regional Recycling Contract
File No: 13/21255
That above item 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.
(ITEM 60/13) Contractual Conditions of Senior Staff in accordance with Section 339 of the Local Government Act 1993
File No: 13/25356
105/13 / That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (a) of the Local Government Act1993, as the matter involves personnel matters concerning particular individuals.
There were no representatives from the public to address the council before the resolution to move into closed session was carried.
The Meeting moved into Closed Session at 7.00 pm the public and press excluded from the meeting.
The meeting resumed in Open Session at 7.02pm
(ITEM TE3/13) Inner Sydney Regional Recycling ContractFile No: 13/21255
Summary
This report summarises the tender process undertaken in relation to the tender for the provision of a service for the receiving, sorting and marketing of recyclable material, and recommends that Council accept the tender from Visy Recycling in the amount of $123,000 income (excluding GST and subject to annual rise and fall conditions) for a period of seven years with an option of a three year extension.
106/13 / RESOVLED(unanimously)
1.That in relation to the tender for the receiving, sorting and marketing of recyclable material, Tender Number 01/13, the tender from Visy Recycling with an income of $123,000 is accepted for a period of seven years with an option of a three year extension.
2.That authority is granted to the General Manager to sign the Contract and any related documentation.
3.That the unsuccessful Tenderers be advised of the outcome.
4.That the Environment Protection Authority be sent a letter of appreciation for their assistance in the tender process.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)
(ITEM 60/13) Contractual Conditions of Senior Staff in accordance with Section 339 of the Local Government Act 1993
File No: 13/25356
Summary
Section 339 of the Local Government Act 1993states that the General Manager must, at least once annually, report to the Council on the contractual conditions of senior staff.
107/13 / RESOVLED(unanimously)
That Council receives and notes the Contractual Conditions of Senior Staff as required by Section 339 of the Local Government Act 1993.
(Moved Councillor George Mannah/Seconded Councillor Lesley Furneaux-Cook)
QUESTIONS WITHOUT NOTICE
The following Questions Without Notice were submitted at the Meeting:
Cr Lesley Furneaux-cook
- At the intersection of Park Road and Gladstone Street, Burwood two street lights are not working. Could Council Officers investigate and have the lights fixed?
- Could Council Officers check the road surface conditions along Everton Road, Strathfield near Strathfield Station just before the roundabout?
Cr George Mannah
- In regard to the derelict Property between the two roundabouts on Burwood Road (opposite the Anglican Church), could a brief on the property and what council has done to date, i.e. in the past and now be provided?
- In regard to the railway bridge on the northern side and above the barber shop at Burwood Station, could Council Officers investigate the removal of the unsightly graffiti?
This concluded the business of the meeting and Council rose at 7.05pm.
Confirmed this Monday 26 August 2013.
MAYORGENERAL MANAGER
This is page 1 of the Minutes of the Ordinary Meeting of Burwood Councilheld on 23 July 2013