133
This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010 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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item. APOLOGIES 89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong. (Moved Councillor John Faker/Seconded Councillor Sally Deans)

BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

  • Upload
    others

  • View
    16

  • Download
    0

Embed Size (px)

Citation preview

Page 1: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 2: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 3: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 4: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 5: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 6: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 7: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 8: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 9: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 10: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 11: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 12: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 13: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 14: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 15: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 16: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 17: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 18: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 19: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER

Page 20: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 21: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 22: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 23: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 24: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 25: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 26: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 27: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 28: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 29: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 30: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 31: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 32: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 33: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 34: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 35: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 36: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 37: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 38: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER

Page 39: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 40: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 41: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 42: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 43: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 44: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 45: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 46: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 47: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 48: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 49: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 50: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 51: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 52: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 53: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 54: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 55: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 56: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 57: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER

Page 58: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 59: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 60: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 61: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 62: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 63: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 64: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 65: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 66: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 67: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 68: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 69: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 70: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 71: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 72: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 73: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 74: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 75: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 76: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER

Page 77: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 78: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 79: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 80: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 81: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 82: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 83: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 84: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 85: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 86: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 87: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 88: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 89: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 90: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 91: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 92: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 93: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 94: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 95: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER

Page 96: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 97: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 98: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 99: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 100: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 101: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 102: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 103: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 104: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 105: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 106: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 107: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 108: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 109: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 110: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 111: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 112: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 113: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 114: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER

Page 115: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

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 25 May 2010 commencing at 6:15pm. ATTENDANCE Councillor Christine Donayre

Councillor Sally Deans Councillor John Faker Councillor Lesley Furneaux-Cook (Deputy Mayor) Councillor Henson Liang Councillor John Sidoti (Mayor) Mr I Dencker, Acting General Manager Mr B Olsen, Acting Director Environment & Planning Mr L Hullick, Director Executive Services Mr M Walker, Chief Finance Officer Mr H Gavrilis, Manager Environment & Health Mr S Ellul, Senior Manager Works & Operations Ms D Luo, Manager Strategic Planning Ms P Viney, Governance Co-ordinator Ms Y Kalamvokis, Governance Officer Mr B Belling, HWL Ebsworth Lawyers Mr S Barrett, HWL Ebsworth Lawyers

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

89/10 RESOLVED (Carried Unanimously) That a leave of absence be granted to Councillor Ernest Wong.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 116: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

DECLARATIONS OF INTEREST There were no declarations of interests by Councillors. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Councillor John Faker left the meeting, the time be ing 6.46pm Councillor John Faker returned to the meeting, the time being 6.47pm Name Item Mark Witcombe 59 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Cristina Caldis 50A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Andrew Stamar 40 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jill Biddington 42 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chinh Nguyen 1A Tahlee Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Ron Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jackie Austin 14 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Tony Kershaw 50 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

James Toland 12 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Lachlan Warner 62 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jo Stewart 66 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Page 117: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 3 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Xiaoxiang Sophie Lu 78 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Deming Cheu 46 Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Simon Bromage 11 Clifton Avenue Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Heather Apollonor 43 Wallace Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Matthew Diurno 46A Fitzroy Street Burwood

Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area

Jon Breen 10 Wyalong Street Burwood

Item 35/10 Options for Progression of a Heritage Review

Jacqui Austin 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Tony Berges 14 Clifton Avenue Burwood

Item 35/10 Options for Progression of a Heritage Review

Chery Kemp 3 David Street Croydon (on behalf of 52A Fitzroy Street, Burwood)

Item 35/10 Options for Progression of a Heritage Review

PROCEDURAL MOTION

90/10 RESOLVED (Carried Unanimously) That Item 34/10 Public Exhibition of the Planning Proposal for the Expansion of the Existing Wallace and Brady Streets Conservation Area be dealt with first on the Agenda.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

Page 118: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 4 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 34/10) PUBLIC EXHIBITION OF THE PLANNING PRO POSAL FOR THE

EXPANSION OF THE EXISTING WALLACE AND BRADY STREETS CONSERVATION AREA File No: F08/3037

Summary A Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area to incorporate a portion of Clifton Avenue, Fitzroy Street and Tahlee Street was publicly exhibited from 23 February 2010 to 25 March 2010 and nine (9) submissions have been received, including two (2) petitions. A review of the submissions indicates that the majority of property owners and residents within the proposed conservation area support the Planning Proposal. It is recommended that Council endorse the Planning Proposal as exhibited and that the matter be forwarded to the Department of Planning (DOP) to enable the legal drafting of a Local Environmental Plan (LEP).

91/10

Recommendation(s)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution. MOTION (COUNCILLOR FAKER)

1. That the outcome of the public exhibition of the Planning Proposal for the expansion of the existing Wallace and Brady Streets Conservation Area be noted and accepted.

2. That Council endorse the Planning Proposal, as exhibited, for the expansion of the

existing Wallace and Brady Streets Conservation Area. 3. That Council forward the Planning Proposal to the Department of Planning (DOP)

for commencement of the legal drafting of a Local Environmental Plan (LEP) in accordance with the new Part 3 of the Environmental Planning and Assessment Act (EP&A) 1979 and the DOP’s guidelines and that this process be undertaken by 30 June 2010.

4. That property owners and residents within, and adjacent to, the proposed

conservation area be notified of Council’s resolution.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Lesley Furneaux-Cook)

Page 119: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 5 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

Councillors Christina Donayre and John Faker called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Liang Councillor Faker Councillor Sidoti Councillor Furneaux-Cook Councillor Sally Deans Total (5) Total (1)

MOTION CARRIED Councillor Christine Donayre left the meeting, the time being 7.15pm Councillor Christine Donayre returned to the meetin g, the time being 7.16pm Councillor Henson Liang left the meeting, the time being 7.27pm Councillor Henson Liang returned to the meeting, th e time being 7.28pm

ADJOURNMENT – 7.30PM

92/10 That the meeting adjourn for 10 minutes.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

RESUMPTION OF MEETING – 7.46PM

93/10 That the meeting resume.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

PROCEDURAL MOTION

94/10 That Item 35/10 Options for Progression of a Heritage Review be dealt with second on the Agenda.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 35/10) OPTIONS FOR PROGRESSION OF A HERITAGE REVIEW File No: F08/140418

Summary Following consideration of a Mayoral Minute on 27 April 2010, Council has requested a report on options for progressing a Heritage Review of Burwood. This report presents and assesses four (4) options including their financial implications. It recommends a mini heritage review now, followed by a Comprehensive Review in the next two years to provide the best outcomes. Council will need to allocate substantial funding to implement this option. This report also recommends adoption of a procedure for dealing with potential heritage items under threat and applying an Interim Heritage Order where appropriate.

Page 120: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 6 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

95/10 Recommendation(s)

1. That Council adopt Option 3 to undertake a mini heritage review now followed by a Comprehensive Heritage Review in the next 2 years.

2. That the funds in the 2009-2010 budget be rolled over to undertake the mini review,

and that Council allocate additional $50,000 to the project for the 2010-2011 and 2011-2012 financial years respectively.

3. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

4. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

5. That Council authorise staff to nominate potential properties which warrant further

heritage investigation to the independent heritage consultant who is to carry out the investigation.

6. Following completion of the mini heritage review, a confidential report pursuant to

Section 10A(2)(a) of the Local Government Act 1993 be referred to Council for consideration of further actions to be undertaken, including public consultation.

MOTION (COUNCILLOR JOHN FAKER)

1. That Council defer any Heritage Review until a Councillor Workshop is held. 2. That Council immediately investigate having the Appian Way and St Thomas’s

Church Enfield listed on the State Heritage Register.

3. That Council investigate those properties that are currently only listed locally as Heritage Items but which they believe are required or warrant State significance.

4. That Council make application for grant funding from the NSW Heritage Branch to

help offset the cost to Council.

5. That Council adopt the procedure in Attachment 1 for dealing with potential heritage items under threat and making of Interim Heritage Orders where appropriate.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Deans Councillor Furneaux-Cook Councillor Faker Councillor Donayre Councillor Liang Councillor Sidoti Total (4) Total (2)

MOTION CARRIED

Page 121: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 7 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIDENTIAL ITEMS - CLOSED SESSION

96/10 RESOLVED That under Section 10A (2)(a) of the Local Government Act 1993 the matter move into closed session to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

OPEN SESSION

97/10 That the meeting move into open session in order to consider proposed Contract with Acting General Manager as per the Mayor’s Mayoral Minute and also TE4/10 Tender for Collection of Mixed Solid Waste and Recoverable Organics.

(ITEM TE 4/10) TENDER FOR COLLECTION OF MIXED SOLI D WASTE AND RECOVERABLE ORGANICS File No: G-10

Summary This report summarises the tender process undertaken in relation to the tender for the collection of mixed solid waste and recoverable organics and recommends that Council accept the tender from JJ Richards and Sons in the amount of $753,152 for the initial year.

98/10 RESOLVED (Carried Unanimously)

1. That, in relation to the tender for the collection of mixed solid waste and recoverable organics, the tender from JJ Richards and Sons at a total cost of $753,125 in the initial year be accepted.

2. That in the event that Council is unable to contract with JJ Richards and Sons Pty

Ltd, that Council accept the tender from Transpacific Cleanaway. 3. That authority be granted to the Acting General Manager to sign the Tender contract

and any related documentation.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM MM4/10) ACTING GENERAL MANAGER CONTRACT

99/10 RESOLVED (Carried Unanimously)

1. That Council resolve to approve, accept and formally execute the Contract, dated 25 May 2010, between Burwood Council and Stephen Blackadder.

2. That Council resolve for the avoidance of doubt that Stephen Blackadder in his role

as Acting General Manager, have the same delegated authority as what was given to Mr Ian Dencker, the outgoing Acting General Manager.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

Page 122: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 8 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

CONFIRMATION OF MINUTES

100/10 RESOLVED (Carried Unanimously) That the minutes of the Council of Burwood held on Tuesday 27 April 2010 and Extraordinary Council of Burwood held on Tuesday 4 May 2010 as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) INFORMATION ITEMS

(ITEM IN10/10) PETITIONS File No: SUB10/59

No Decision – Information Item Only COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 9.20PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 9.21PM COUNCILLOR SALLY DEANS LEFT THE MEETING , THE TIME BEING 9.29PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING, THE TIME BEING 9.30PM

(ITEM IN11/10) THE BOWER RE-USE AND REPAIR CENTRE - PROPOSED DONATION BY ENVIRONMENT AND SUSTAINABILITY COMMITTEE File No: G-10

No Decision – Information Item Only REPORTS OF COMMITTEES

(ITEM RC10/10) SANDAKAN EDUCATION COMMITTEE MEETIN G MINUTES 21 OCTOBER, 2009 AND 17 MARCH, 2010

Summary The above report was dealt with at the Sandakan Education Committee meeting of 21 October 2009 and 17 March 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

101/10 RESOLVED (Carried Unanimously) That the Sandakan Education Committee Minutes of 21 October 2009 and 17 March 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

Page 123: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 9 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC11/10) ENVIRONMENT & SUSTAINABILITY COMMIT TEE MEETING MINUTES

4 FEBRUARY, 2010

Summary The above report was dealt with at the Environment and Sustainability Committee Meeting of 4 February 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

102/10

Recommendation(s)

1. That the Environment and Sustainability Meeting minutes of 4 February 2010 be adopted as a resolution of the Council.

2. That Council approve a donation of $500.00 to the Bower Reuse & Repair Centre Cooperative Ltd at the next available meeting. This donation to be funded out of the budget of the Environment and Sustainability Committee.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Sidoti Councillor Furneaux-Cook Councillor Faker Councillor Deans Councillor Liang Councillor Sidoti (Casting Vote) Total (3) Total (4)

Councillor John Sidoti used his casting vote. MOTION DEFEATED MOTION (Carried Unanimously)

1. That the Environment & Sustainability Committee Meeting Minutes 4 February 2010 be adopted as a resolution of the Council.

2. That Council not approve a donation of $500.00 to the Bower Reuse and Repair Centre Cooperative Limited.

3. That the Environment & Sustainability Committee investigate options on how to create increased awareness regarding the reuse and repair of whitegoods which could end up being reused rather than placed in landfill.

(Moved Councillor John Faker/Seconded Councillor Sally Deans)

Page 124: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 10 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM RC12/10) NATIONAL SERVICEMEN'S ASSOCIATION C OMMITTEE MEETING

MINUTES 13 APRIL, 2010

Summary The above report was dealt with at the National Servicemen’s Association Meeting of 13 April 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

103/10 RESOLVED (Carried Unanimously) That the National Servicemen’s Association Minutes of 13 April 2010 be adopted as a resolution of the Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM RC13/10) BURWOOD LOCAL TRAFFIC COMMITTEE - 6 MAY, 2010

Summary The above report was dealt with at the Burwood Local Traffic Committee of 6 May, 2010 and was listed as a Recommendation in those minutes. The item is hereby submitted to the Ordinary Meeting for formal adopted by Council.

104/10 RESOLVED That the following recommendation of the Burwood Local Traffic Committee of 6 May, 2010 be adopted as a resolution of the Council. (ITEM T.13/10) RAILWAY PARADE, BURWOOD - APPLICATIO N FOR TEMPORARY ROAD CLOSURE

1. That the developer of 1 Railway Parade communicate the temporary road closure to community in particular those in No. 3 Railway Parade Burwood, Burwood Public School and Burwood Plaza.

2. Council’s communication department develop a communication strategy to notify

and advise residents and users of the proposed changes of the timeframe and why these changes are being undertaken which is to include local paper advertising.

3. The costs to be paid for by the owner of 1 Railway Parade Burwood.

4. One (1) month prior to the construction possibly repeat process one (1) month

prior to works being completed.

5. That Council approve the temporary partial road closure of the northern eastbound traffic lane of Railway Parade, between Conder Street and Burwood Road from 26 May 2010 to 23 December 2011 as per the attached TCP, with the following conditions of consent:

Conditions of Consent;

• In the event of extended traffic delays NSW Police have the authority to

Page 125: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 11 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

terminate operations.

• Two way traffic flow must be maintained at all times on Railway Parade.

• Nomination of your contact person, contact details and emergency contact details to be provided to Council prior to commencement of works.

• Traffic Control as shown on the submitted Traffic Control Plan is to be employed on site at all times in accordance with AS 1742.3-2002.

• Compliance with any reasonable directive from Authorised Officers.

• Produce evidence of public liability insurance cover with a minimum policy value of $20,000,000 under which Council is indemnified against all claims for damage and/or injury that may result from either the activities and/or from the occupation of the public way during the road occupancy.

• The conduct of any activities or use of any equipment required in conjunction with the road occupancy must not result in any ‘offensive noise’ as defined by the Noise Control Act.

• The areas to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Engineer, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

• A copy of the Council’s ‘Conditions of Consent’ must be available on site for inspection by relevant authorities.

• That a minimum 3.5 metre travel lane remain open for east bound traffic on Railway Parade between Wynne Avenue and Clarendon Place.

• All costs associated with the reconfiguration of traffic signals, signs and linemarking to be worn by the applicant.

• Reconfiguration of the traffic signals is to be approved by the RTA prior to construction.

• Staged re-opening of the roadway is to be implemented as soon as possible

• Developer is to report back to council on any accidents and traffic flow every three months.

• The developer is required to submit an amended traffic control signals plan (TCS # 1843) to the RTA for approval prior to making any changes to the traffic signals;

• It is mandatory that the developer is required to advise the RTA prior to making any changes to the traffic signals subsequently, if any, during the course of construction at the site.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker) GENERAL BUSINESS

(ITEM 36/10) APPOINTMENT OF THE PROTECTED DISCLOSURE CO-ORDINATOR

Summary To seek Council’s endorsement of the Executive Officer position as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator position. Council needs to resolve the appointment to this role to ensure that there is clear authority to complete the requirements of the role.

Page 126: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 12 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

105/10 RESOLVED (Carried Unanimously) That Council appoint the Executive Officer as the Protected Disclosure Co-ordinator in place of the Governance Co-ordinator.

(Moved Councillor John Faker/Seconded Councillor Christine Donayre)

(ITEM 37/10) DRAFT INTERNAL REPORTING POLICY UNDER PROTECTED DISCLOSURES ACT, DRAFT - PROTECTED DISCLOSURES GUID ELINES - ASSESSING DISCLOSURES & INVESTIGATIONS, & DRAFT - T HINKING ABOUT BLOWING THE WHISTLE? - FACT SHEET File No: C.00679.000

Summary Council has an Internal Reporting Policy for protected disclosures which was adopted in May, 2008. The process of dealing with Protected Disclosures has had a major review and it has been established that Council introduce Guidelines on conducting an investigation and that a Fact Sheet should be implemented. These documents have now been formulated and submitted to Council for adoption.

106/10 RESOLVED (Carried Unanimously) 1. That Council endorses the Internal Reporting Policy – Protected Disclosures Act,

Protected Disclosures Guidelines – Assessing Disclosures & Investigations and the Thinking of Blowing the Whistle? – Fact Sheet.

2. That Council Staff and Councillors be given access and in-house training of the Internal Reporting Policy – Protected Disclosures Act and Thinking of Blowing the Whistle? – Fact Sheet.

3. That the Internal Reporting Policy – Protected Disclosures Act and the Thinking of Blowing the Whistle – Fact Sheet be published on Council’s Website.

4. That under “Where do I Go for Further Information” it includes the Mayor and General Manager and their telephone numbers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 9.59PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.00PM COUNCILLOR JOHN FAKER LEFT THE MEETING , THE TIME BEING 10.02PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.05PM COUNCILLOR JOHN FAKER RETURNED TO THE MEETING , THE TIME BEING 10.05PM

Page 127: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 13 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 38/10) DRAFT - FRAUD CONTROL GUIDELINES, STR ATEGY & PROCEDURE

Summary

To seek Council’s endorsement of the Draft – Fraud Control Guidelines, Strategy & Procedures.

107/10 RESOLVED (Carried Unanimously) That Council adopt the Fraud Control Guidelines, Strategy & Procedure as Policy of Council and that the document be referred to Council as a draft Policy of Council and that the document be referred to Council’s soon to be established internal Audit Committee for review.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) COUNCILLOR HENSON LIANG RETURNED TO THE MEETING, THE TIME BEING 10.11PM COUNCILLOR HENSON LIANG LEFT THE MEETING , THE TIME BEING 10.12PM

(ITEM 39/10) INTERNAL AUDIT PROPOSAL

Summary This document outlines Council’s intention to establish an independent internal audit function. The internal audit function will become an integral component of Councils governance framework. Its benefits include more effective risk management and controls, safeguarding of assets, compliance with relevant policy, laws and procedures, as well as instilling public confidence in Council’s ability to operate efficiently and effectively.

108/10 RESOLVED (Carried Unanimously)

1. That a new internal audit function be established by Council in accordance with option 1 of the report.

2. That Council establish an Audit Committee that consists of the Mayor/Deputy Mayor

and one Councillor, an independent external member who will also be chairperson, as voting members, and the General Manager (or their representative), the Internal Auditor and the Chief Financial Officer as non-voting members.

3. That the external member has financial expertise and/or financial, legal or business

expertise. 4. That Council prepare an Internal Audit Charter and an Internal Audit Committee

Charter for adoption by Council. 5. That Expressions of Interest be called for one independent representative on the

Audit Committee. 6. That a further report to Council be prepared in relation to processing the actions

required as a result of the recommendations in this Report.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 128: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 14 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 40/10) 2009/10 - 2010/11 MANAGEMENT PLAN - QUARTERLY REPORT FOR

THE PERIOD ENDING 31 MARCH, 2010 File No: SUB10/59

Summary This report details achievements and progress with respect to Council’s performance targets as set out in the 2009/10 – 2010/11 Management Plan for the period 1 January to 31 March, 2010.

109/10 RESOLVED (Carried Unanimously) 1. That the 2009/10 – 2010/11 Quarterly Management Plan for the period 1 January 2010

to 31 March 2010 be received and noted. 2. That the 2009/10 – 2010/11 March Quarterly Management for the period 1 January

2010 to 31 March 2010 Plan be made available to the public on Council’s Website, Library and Customer Service Centre.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 41/10) GST CERTIFICATE OF COMPLIANCE File No: T.16

Summary Council is required to provide a Certificate of Compliance relating to GST to the Department of Local Government to satisfy the Commonwealth GST Administration Subcommittee advice on the voluntary GST payments by local government bodies.

110/10 RESOLVED (Carried Unanimously) That Council authorise the signing of the attached Goods And Services Tax Certificate, by the Mayor, Deputy Mayor or other Councillor, General Manager, and the Responsible Accounting Officer.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 42/10) INVESTMENT REPORT - 30 APRIL, 2010

Summary In accordance with Clause 16(1) of the Local Government (Financial Management) Regulation 1993, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.

111/10 RESOLVED (Carried Unanimously) That the investment report for 30 April 2010 be received and endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

Page 129: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 15 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 43/10) BUDGET REVIEW FOR QUARTER ENDING 31 MARCH 2010 File No: A.0025.000

Summary The 2009/10 Budget was adopted at the Council Meeting held on 25 June 2009. The format of the budget comprises five divisions incorporating 27 teams. The line items of the budget represent the services/products that Council provides to its internal and external customers reinforcing its focus as a customer service organisation. The attached Quarterly Report to 31 March 2010 identifies a forecasted funding deficit of $143,225 as at 30 June 2010 compared to the first quarter revised budget forecasted deficit of $44,407.

112/10 RESOLVED (Carried Unanimously) That the review of the 2009/10 budget for the quarter ended 31 March 2010 incorporating variations to income and expenditure to reflect the revised budget result for the year ended 30 June 2010 be adopted.

(Moved Councillor Christine Donayre/Seconded Councillor John Faker)

(ITEM 44/10) COUNCIL LOGO AND CREST - CHANGES

Summary The original Council logo (grey text on green coloured box) presents several technical issues that cannot be overcome without a change in colour and font. In particular, when positioned on letterheads, faxes and internal briefing memos, and printed or photocopied, the logo tends to blur into an unidentifiable black box. While it is believed a complete new logo is not needed at this stage, over the last months Council’s Media and Communications Team implemented some small changes to the original logo. Colours, chosen according to historical plaques and illustrations, have been introduced to the original crest. The text component “Burwood Council” and “Heritage, Progress, Pride” remain the same but have been modernised in font and colour, to improve its daily operational use.

113/10 RESOLVED (Carried Unanimously)

1. That Council endorses the revised Council logo.

2. That Council instructs Council’s Media and Communications Team to oversee the implementation of the new logo over time and in a cost effective manner, as and when stationery and signs need replacing or updating.

(Moved Councillor Christine Donayre/Seconded Councillor Lesley Furneaux-Cook)

Page 130: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 16 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

(ITEM 45/10) RTA NSW LEASE, TENANCY BASE BUILDING WORKS- SHOPS C2 AND

C3, 1-17 ELSIE STREET, BURWOOD File No: F08/104324

Summary The aim of this report is to advise Council on the decision to accept the quotation for the (RTA Lease) base building works for Shops C2 and C3, 1-17 Elsie Street, Burwood.

114/10 RESOLVED (Carried Unanimously) That, for the following reasons:

1. the RTA is an anchor tenant. 2. the lease is for a long term period (10 years+5years+5 years). 3. the rent to be paid is commercially appropriate. 4. this will be the first time in twelve months that the premises have been leased. 5. the RTA indicated through their lawyers that they are likely to pull out of the lease

should the premises not be available as soon as possible. 6. the contractor was currently working in the building and was undertaking the

Cadmous Pty.Ltd owned area for the RTA. 7. of the three quotations obtained the quotation from Holdmark Pty.Ltd was assessed

to be best value for money. 8. a satisfactory result could not be obtained by inviting tenders,

the decision by the Acting General Manager to invoke section 55(3) of the Local Government Act, which allows acceptance of the quotation without inviting tenders be endorsed.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 46/10) PROHIBITION OF ALCOHOL IN PUBLIC SPAC ES DRAFT POLICY File No: 08/16358

Summary This report recommends the adoption of the prohibition of Alcohol in Public Spaces Policy following the 28 days of exhibition of the draft policy for public comment. The policy provides a clear framework and set of guidelines for the implementation and suspension of Alcohol Free Zones (AFZs) and Alcohol Prohibited Area’s (APAs) within the Burwood Local Government Area, as determined under appropriate legislation.

115/10 RESOLVED (Carried Unanimously)

1. That the prohibition of Alcohol in Public Spaces Policy be endorsed by Council for public exhibition for a period of 28 days to allow community feedback.

Page 131: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 17 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

2. That following the public exhibition period the Policy be referred back to Council for adoption.

(Moved Councillor John Faker/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 47/10) SOUTHERN CROSS VOCATIONAL COLLEGE - R EQUEST FOR PARKING PERMITS

Summary Southern Cross Catholic Vocational College (formerly Christian Brothers College), Burwood, have contacted Council to renew 30 parking permits for the school teachers, in Neich Parade for 5 months until the premises is accessible for parking.

116/10 RESOLVED (Carried Unanimously) That Council approve the issuing of thirty (30) parking permits to Southern Cross Catholic Vocational College which will allow parking in Neich Parade (Area X) at a price of $28.00 each for a period of three (3) months.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor John Faker)

(ITEM 48/10) GEORGE STREET CAR PARK - HOURS OF OPE RATION

Summary At the April Council meeting, Council resolved to investigate a change in hours of operation for the George Street car park to enhance usage of the facility and promote visitors to the area for dinning within the Burwood Town Centre.

117/10 RESOLVED (Carried Unanimously) That Council amend the hours of operation for the George Street car park from 6am – 8pm Seven Days to 8am – 6pm Monday – Friday, 8am – 1pm Saturdays.

(Moved Councillor Sally Deans/Seconded Councillor Christine Donayre) COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING , THE TIME BEING 10.35PM COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING, THE TIME BEING 10.36PM

(ITEM MM3/10) SAFETY AROUND STRATHFIELD STATION ARE A

Summary On Friday 21 May 2010 I was invited to join Crime Prevention Officer John Tikisci, from the Burwood Police Local Area Command, on his night patrol of the area around Strathfield Station. A few of the streets we drove and walked through really concerned me as they have very limited lighting and therefore become a prime spot for mugging.

Page 132: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 18 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

In particular I refer to Mosely Street, Roberts Street, Cooper Street, Phillip Street. Wentworth Road, Gladstone Street and parts of Park Road are also completely dark at night. In addition, the area presents several blocks of units occupied by students of different nationalities. These students come out of Strathfield Station and walk home with their Mp3 players, mobile phones and laptop computers, effectively becoming a moving target for criminals. Several cases of mugging have been registered in the area, and the Police have asked our Council to contribute to increasing the safety of the affected streets to reduce this phenomenon. I am aware we have undertaken a safety audit of the area, and several strategies have already been implemented, such as stronger lights and a series of information sessions which attracted over 100 people, predominantly students, under the “Watch Out!” campaign. However additional efforts need to be directed to this urgent task. I think regular trimming of the trees in the abovementioned streets is necessary, as is an investigation on the necessity of additional floodlight in some critical areas. The Police suggest the creation of a “corridor of light”, a sort of NightSafe area highly illuminated and easily patrolled by officers. I’d also like to voice my concerns on the fact that busy streets such as Wentworth Road are basically in full darkness, with only two or three light poles along the whole street. It is our duty as Council to improve and protect the safety of our area and our residents, and to cooperate with the Police in educating people, in particular young students, in being aware of their surroundings and in protecting their valuables.

118/10 RESOLVED (Carried Unanimously)

1. Council instruct staff to proceed with immediate assessment of the abovementioned streets, and urgently schedule trimming of all branches that obstruct the lights.

2. Staff report back to Council on what actions have been undertaken to date to

address these issues. 3. Staff report back to Council by the next Council meeting, with a schedule of tree

trimming activities to be carried out every year on a quarterly basis or every six months.

4. Staff investigate the possibility of installing additional high wattage bulbs where this

hasn’t already been done.

5. Staff investigate the possibility of installing additional floodlights on the light poles in areas identified as critical.

6. Staff investigate the cost of installation of new light poles on Wentworth Road, Park

Road and Gladstone Street, pursuing Federal and State grant funding where available, and report back to Council with findings.

Page 133: BURWOOD COUNCIL MEETINGSChinh Nguyen 1A Tahlee Street Burwood ... Tony Berges 14 Clifton Avenue Burwood Item 35/10 Options for Progression of a Heritage Review Chery Kemp ... 93/10

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2010

This is page 19 of the Minutes of the Ordinary Meeting of Burwood Council held on 25 May 2010

7. Staff continue the education campaign in cooperation with NSW Police, in particular targeting young residents and foreign students living in the area.

8. Staff promote the awareness campaign through the local media.

9. Council writes to the State Member for Strathfield Virginia Judge to request her to

take an interest in this urgent matter, and to assist with any possible funding available through the State Government.

10. That Council Report this resolution to the Burwood Police.

QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook On 28 April 2009, requested a Report on the demolition of three Council owned properties next to Jackson Park and other options. Q25 – Councillor Lesley Furneaux-Cook On Council’s website when residents click on the name of a Councillor “Learn More” – there is no further information. This concluded the business of the meeting and Council rose at 10.40pm. Confirmed this 22nd Day of June 2010. MAYOR ACTING GENERAL MANAGER