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This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 4 December 2012 BURWOOD COUNCIL MEETING 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, 4 December 2012 commencing at 6.05pm. ATTENDANCE Councillor Sally Deans Councillor John Faker (Mayor) Councillor Lesley Furneaux-Cook Councillor George Mannah Councillor Justin Taunton Councillor Ernest Wong (Deputy Mayor) Mr M McMahon, General Manager Ms V Lee, Deputy General Manager Corporate, Governance & Community Mr B Macdonnell, Deputy General Manager Land, Infrastructure & Environment Mr T Briscese, Executive Manager Mr W Armitage, Chief Finance Officer Mr B Mortimer, Manager Organisational Development Mr J Inglese, Senior Manager Assets & Design Mr S Fox, Senior Manager Community & Library Services Ms D Luo, Manager Strategic Planning Mr H Gavrilis, Manager Environment & Health Mr B Olsen, Manager Building & Development Mr A Sonego, Acting Media & Communications Co-ordinator Ms P Viney, Governance Co-ordinator Ms Y Tome, Governance Officer OPENING OF MEETING BY REVEREND PATOR DILAN JAYASINGHE Reverend Pator Dilan Jayasinghe from the Burwood Baptist Church opened the meeting with a prayer. OPEN FORUM There was no business for this item. APOLOGIES 186/12 RESOLVED (Carried Unanimously) That an apology be granted to Councillor Tony Doueihi. (Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)

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This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 4 December 2012

BURWOOD COUNCIL MEETING

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, 4 December 2012 commencing at 6.05pm. ATTENDANCE Councillor Sally Deans Councillor John Faker (Mayor)

Councillor Lesley Furneaux-Cook Councillor George Mannah Councillor Justin Taunton Councillor Ernest Wong (Deputy Mayor) Mr M McMahon, General Manager Ms V Lee, Deputy General Manager Corporate, Governance & Community Mr B Macdonnell, Deputy General Manager Land, Infrastructure & Environment Mr T Briscese, Executive Manager Mr W Armitage, Chief Finance Officer Mr B Mortimer, Manager Organisational Development Mr J Inglese, Senior Manager Assets & Design Mr S Fox, Senior Manager Community & Library Services Ms D Luo, Manager Strategic Planning Mr H Gavrilis, Manager Environment & Health Mr B Olsen, Manager Building & Development Mr A Sonego, Acting Media & Communications Co-ordinator Ms P Viney, Governance Co-ordinator Ms Y Tome, Governance Officer

OPENING OF MEETING BY REVEREND PATOR DILAN JAYASINGHE Reverend Pator Dilan Jayasinghe from the Burwood Baptist Church opened the meeting with a prayer. OPEN FORUM There was no business for this item.

APOLOGIES

186/12 RESOLVED (Carried Unanimously) That an apology be granted to Councillor Tony Doueihi.

(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)

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DECLARATIONS OF INTEREST Mayor John Faker declared a pecuniary interest in Item 115/12 Expenditure of Contributions for Parking – Addendum to the Planning Agreements Policy as he owns a property in The Strand. He will remove himself from the meeting. Mayor John Faker declared a pecuniary interest in Item 116/12 Draft Voluntary Planning Agreement in lieu of visitor parking – No. 3 Wilga Street and 41A & 41B Shaftesbury Road Burwood – Section 96 Modification of DA 204/2011 as the applicant is a relative/family member. He will remove himself from the meeting. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors.

CONFIRMATION OF MINUTES

187/12 RESOLVED (Carried Unanimously) That the minutes of the meeting of the Council of Burwood held on Tuesday, 20 November 2012, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong) COUNCILLOR JUSTIN TAUNTON ARRIVED AT THE MEETING AT 6.10PM

(ITEM MM33/12) AUSTRALIA DAY 2013 CELEBRATIONS

Summary Over the past two weeks I have held discussions with the General Manager regarding the holding of next year’s Australia Day celebrations at Henley Park. It is proposed to commence the celebrations at 9.30am which will include a Citizenship Ceremony, Aussie Barbecue, Children’s Face Painting, Aboriginal Dance and Smoking Ceremony and free balloons for children. We are hosting the event at Henley Park to stretch our events across the LGA and to recognise our new Water Play facility at the Enfield Aquatic Centre and the opening of our Henley Park Café. To commemorate Australia Day, I propose to hold an Open Day at the Enfield Aquatic Centre on 26 January 2013 free of charge. I believe that this will recognise the importance of Australia Day to our community and promote our new Water Play facility and the many other attractions at the Enfield Aquatic Centre on offer. I am also hoping that the new Henley Park Café will be open and will allow our residents and visitors to enjoy the many delights available at this café whilst enjoying the ambience of the Aquatic Centre and nearby Australia Day 2013 activities.

188/12 RESOLVED (Carried Unanimously) 1. That Council supports the Open Day at the Enfield Aquatic Centre on 26 January

2013, free of charge as part of our Australia Day 2013 activities to allow our residents, new citizens and their families the opportunity to enjoy our many fabulous attractions.

2. That Council waive the normal Entrance Fees for the Enfield Aquatic Centre on 26

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January 2013. 3. That Council supports the naming of the café as the “Henley Park Café”.

(ITEM MM34/12) 1 RAILWAY PARADE, BURWOOD – BUILDING UNDER CONSTRUCTION – EXTERNAL FINISHES

Summary I have witnessed with some concern the construction of the development at No. 1 Railway Parade Burwood. The development was approved before the making of the Burwood Town Centre LEP 2010 by the Land & Environment Court of NSW after having been refused by Council and the Burwood Town Centre Planning Panel. My main concern is that the external finishes of the building may not be in accordance with the plans approved by the Court. I am aware that Council is not the Principal Certifying Authority for this development and that staff have raised the issue of the external finishes with the Architects for the development. The Architects have advised that the building is not yet completed and is still in an unfinished state. However, if we wait until the building is completed and then raise this issue it may be too late. In order to ensure that an urban design outcome as envisioned by the Court is achieved, I believe that Council should engage urban design consultants to assess the external façade and finishes of the building and provide advice as to the level of compliance with the plans as approved by the Land & Environment Court of NSW. I believe that this assessment should be undertaken as soon as possible.

189/12 RESOLVED (Carried Unanimously) 1. That Council engage suitable urban design consultants to carry out an assessment of

the external façade and finishes of the development at No. 1 Railway Parade Burwood and provide advice to Council as to the level of compliance with the plans as approved by the Land & Environment Court of NSW.

2. That Council prepare DL sized cards for distribution to the Community and organise a

sign to be placed on Railway Parade advising of “Who approved the Development” to assist the Community to voice their concerns to the appropriate authority.

(ITEM MM35/12) TANGARRA STREET RESERVE

Summary

Recently I meet with Residents adjoining the Council owned property bounded by Tangarra and Stanley Streets Croydon Park (the parcel of land which includes the canal). Residents expressed concerns with the zoning of this parcel of land due to it being flood prone with a canal and in recent years has had high water levels after heavy rains.

190/12 RESOLVED (Carried Unanimously) That Council undertake the following review: 1. Determine whether the land is affected by flooding and if so investigate having this

parcel of property zoned open space.

2. Determine whether the properties fronting Rawson Street have the opportunity to re-purchase the area of land behind them (this was acquired by Council many years

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ago when the area was to be used for open space – approx 50sqm) This would allow an increase in future open space in the Burwood Local Government area. It will also allow for future Section 94 funds from any future development at the Burwood Council depot.

(ITEM MM36/12) DOG ATTACK AT GEORGE STREET, BURWOOD HEIGHTS

Summary Recently Councillors received emails regarding three dog attacks from a property located in Burwood Heights. It is alleged that the same dog was involved in all three attacks. What legal role does Council have in relation to declaring the dog dangerous and having it impounded after three attacks. Has Council obtained legal advice as to the recovery of personal costs to those that have been attacked and under the Companion Animals Act does Council have a role in the recovery of those costs.

191/12 RESOLVED (Carried Unanimously) That the General Manager prepare a memo to Councillors investigating these issues and any other issues raised in the letters received from Mr Rob Le Andrews and Mr Sam Donni and for Council to seek legal advice in relation to cost recovery as part of the review.

(ITEM MM37/12) ZEBRA CROSSING ALONG MERYLA STREET (INTERSECTION WITH BURWOOD ROAD)

192/12 RESOLVED (Carried Unanimously) That the General Manager prepare a report on whether the zebra crossing at the intersection of Meryla Street and Burwood Road needs to be a marked pedestrian crossing and can the No Stopping signs be removed and parking re-installed in this location. ADDRESS BY THE PUBLIC ON AGENDA ITEMS Name Item

Ms Maria Brak 47A Wentworth Road Strathfield

Item 112/12 No. 3-5 Everton Road, Strathfield (Strathfield Private Hospital) – Alterations and additions for new operating theatres, associated recovery ward and facilities – Development Application No. 12/2012

Mr Chris Wilson Mackenzie Group Planning

Item 112/12 No. 3-5 Everton Road, Strathfield (Strathfield Private Hospital) – Alterations and additions for new operating theatres, associated recovery ward and facilities – Development Application No. 12/2012

Mr Damien Habijanec 83 Shaftesbury Road Burwood

Item 113/12 Permit Parking Scheme Request for Inclusion

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GENERAL BUSINESS

(ITEM 112/12) NO. 3-5 EVERTON ROAD, STRATHFIELD (STRATHFIELD PRIVATE HOSPITAL) - ALTERATIONS AND ADDITIONS FOR NEW OPERATING THEATRES, ASSOCIATED RECOVERY WARD AND FACILITIES - DEVELOPMENT APPLICATION NO. 123/2012 File No: 12/49648

Applicant: HCA (Australia) Pty Ltd Location: Northern side of Everton Road, between Wentworth Road and Mosely

Street. Zoning: General Residential R1 – Burwood Local Environmental Plan (BLEP) 2012

Previously Residential 2(c1) – Burwood Planning Scheme Ordinance (BPSO) 1979 (Located within draft Planning Proposal (Item 4) area bounded by Cowdery Lane, Wentworth Road and railway line.)

Proposal The alterations and additions to the hospital involve two additional new operating theatres, control rooms, nurse’s stations, a recovery room for 12 beds and associated amenity and facility rooms. The additions are located over the existing two storey eastern portion of the hospital. The new theatres would include new technologies, which necessitate an increase in the size of operating theatres and enhance the hospital with new surgical facilities. The hospital currently operates on a 24 hour basis, 7 days a week, and there will be no increase in staff numbers or the number of patient beds. The proposed second floor additions have a floor area of 425.2m², an overall length of 28.9m, width of 12.45m and is setback 5.015m from the eastern boundary. The existing ground and first floor levels have a building setback which varies between 3.06m and 3.5m from the eastern boundary. The height of the roof ridge is raised by 2.6m (lower section) and 4.1m (rear section) over the new theatres. An elevated plant platform, located at the rear off Cowdery Lane, is setback an average of 1.35m from the eastern boundary with No. 47A Wentworth Road.

193/12 RESOLVED (Carried Unanimously) A. That Council is satisfied that the SEPP 1 Objection to the maximum FSR of Clause 55

– BPSO 1979 is well founded, is consistent with the aims of the State Policy, that the application of the development standards is unnecessary and unreasonable in this instance, and the variation does not raise any matter of significance for State or regional environmental planning.

B. That DA 123/2012 for alterations and additions to the existing Strathfield Private

Hospital No. 3-5 Everton Road Strathfield, consisting of new operating theatres, recovery room, associated amenities and facilities, be approved as follows, including the tabled amendments in the memorandum of 4 December 2012 submitted by Mr Chris Wilson of McKenzie Group Consulting on behalf of HCA (Australia) Pty Ltd:

Conditions of Approval

(1) The development being carried out in accordance with the following plans

submitted on 9 October 2012, except where amended by the conditions of consent:

(a) Architectural Plans Drawing Nos. DA-01, DA-02, DA-06, Revision A, dated

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4.10.2012 and Nos. DA-03, DA-04, DA-05, DA-07, DA-08 and DA-09 Revision B dated 21.11.2012, prepared by Team 2.

(b) Stormwater Concept Plans Drawing Nos. H1.01 and H1.02, Issue A dated 2.10.2012 and prepared by Acor Consultants Pty Ltd.

(c) Landscape Plan Drawing No 101, Issue A dated 4.10.2012 and prepared by Arcadia Landscape Architecture.

FEES

(1) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or

another approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

TABLE OF FEES

FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODY PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE

(1) Building and Construction Industry Long Service Corporation Levy $16,450.00

(Payment to be made to Council, the Corporation or its Agent) (2) Damage Deposit - security deposit against damage occurring to Council's assets

(footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $20,000.00 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

Note: This deposit is refundable if no damage occurs.

(3) If Council is nominated as the Principal Certifying Authority (PCA) an

inspection fee is to be paid. This fee is for 6 inspections at the rate listed in Council’s current Schedule of

Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges (Payment to be made to Council).

(4) Pursuant to Section 94A of the Environmental Planning and Assessment Act

1979 and the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre), the following monetary contribution towards public services and amenities is required:

Contribution Element Contribution A levy of 1% of the cost of carrying out the development, where the cost calculated and agreed by Council is $4,700,000.00

$47,000.00

Index Period June 2012 CPI1 179.9

Office Use: T56

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The above contribution will be adjusted at the time of payment. Applicants are advised to contact Council for the adjusted amount immediately prior to arranging payment. The contribution will be adjusted in accordance with the following formula: Contribution (at time of payment) = C x CPI2 CPI1

Where:

C: the original contributions amount as shown in the development consent;

CPI2 the Consumer Price Index: All Groups Index for Sydney, for the immediate past quarter (available from the Australian Bureau of Statistics at the time of payment)

CPI1 the Consumer Price Index: All Groups Index for Sydney, applied at the time of granting the development consent as shown on the development consent.

Note: The minimum payment will not be less than the contribution amount stated on the consent.

The contribution is to be paid to Council, or evidence that payment has been made is to be submitted to the Principal Certifying Authority, prior to the issuing of a Construction Certificate. Council may accept works in kind or other material public benefits in lieu of the contribution required by this condition subject to and in accordance with the requirements specified in the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre). Note: Credit cards and personal cheques are not accepted for the payment of Section 94A contributions.

PLANNING

(1) All external finishes are to be similar to those in the existing building. (2) Erection of a 1.8m high wall at the north-eastern and north-western corners of

the plant platform, as shown in Figure 5-1. The wall is to be constructed of 0.7mm galvanised steel sheet or 12mm compressed fibre cement, lined on the insides with polyester acoustic insulation of density 32kgh/m³ faced with perforated foil; and

(2a) Lining of the plant room walls with polyester acoustic insulation of density

32kg/m³ faced with perforated foil. (3) The window sill heights on the eastern wall of the recovery room and theatres

are to be a minimum of 1.8m above the finished floor level. (4) The existing landscaping located, between the vehicle driveway and the

boundary of No. 47A Wentworth Road is to be retained, and not be affected by the Plant Platform.

(5) The additions are to be setback a minimum of 5m from the eastern boundary,

with exception to the stairway located at the north eastern corner, which may

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remain at the existing setback. (6) The operating hours of the new theatres, recovery room and facilities are to be

as the existing hospital hours. (7) The maximum FSR of 1·57:1 for the site, is not to be exceeded without further

approval from Council. BUILDING

(1) Fire Resistance Levels of all new structural members, including external and

internal walls, spandrels, external and internal columns, lift shafts and stair shafts, ventilation, pipe and like shafts, floors and roofs shall comply with the requirements of Specification C1.1 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(2) All materials used in the building must comply with early fire hazard criteria of

Specification C1.10 of the Building Code of Australia. (3) Prior to the commencement of building work, the following is to be carried out:-

a. Submit to Council a “Notice of Intention to Commence Building Work and

Appointment of a Principal Certifying Authority” form. Council's 'Notice of Intention to Commence Building Work and Appointment of a Principal Certifying Authority' form is to be used where application is made to Council.

b. Ensure detailed plans and specifications of the building are endorsed with

a Construction Certificate by Council or an Accredited Certifier. Council's “Construction Certificate Application” form is to be used where application is made to Council. Copies are available on request.

(Vide Section 81A Environmental Planning & Assessment Amendment Act)

(4) A 'Section 73 Compliance Certificate' under the Sydney Water Act 1994 must be

obtained from Sydney Water Corporation. Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator.

For help either visit www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying Authority

prior to the issuing of an Occupation Certificate.

(5) Means of egress complying with Section D of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(6) The second floor of the building being provided with both access and sanitary

facilities for people with disabilities. The sanitary facilities are to be provided in accordance with F2.4 of the Building Code of Australia (BCA) and are to comply

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with the requirements of Clause 10 of AS 1428.1-2009. Access is to be provided to and within the new portions of the building so as to

comply with all the requirements of Part D3 of the BCA and the relevant provisions of AS 1428.1-2009, in particular:-

a. Access is to be provided from the allotment boundary at the point of entry

from a road to the entrance floor. b. Access is to be provided through the principal public entrance. c. Suitable identification signs and/or symbols, as well as necessary

directional signs, incorporating the symbol for access by disabled people, being provided to comply with Clause 14 of AS 1428.1-2009.

d. Attention is directed to Clause 3 of AS 1428.1-2009 in respect of the clear

circulation space required to doorways. e. Access is to be provided from the accessible car parking space which is

required to be provided by D3.5 of the BCA. f. A car parking space required to be provided by D3.5 of the BCA, is to be

identified, on the floor and behind the space, for use by disabled people and a series of signs are to be provided from the driveway entrance to indicate the location of the space.

g. Required stairways complying with the requirements of Clause 9 of AS

1428.1-2009.

Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(7) A Fire Safety Certificate (copies available from Council) is to be given to the

Certifying Authority prior to applying for an Occupation Certificate or Interim Occupation Certificate and thereafter once in every 12 month period an Annual Fire Safety Statement is to be given to Council. The certificate and statement attest to both the inspection of all essential fire safety measures by a properly qualified person and to the regular maintenance of the fire safety measures. A copy of the Fire Safety Certificate and the Fire Safety Schedule are to be given to the Commissioner of New South Wales Fire Brigades by the building owner and copies of these documents are to be prominently displayed in the building. Similarly copies of Annual Fire Safety Statements are also to be given to the Commissioner and displayed in the building.

(vide clause 153 & Division 3 of the Environmental Planning & Assessment

Regulation 2000)

(8) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(9) If an excavation associated with the erection or demolition of a building extends

below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a. must preserve and protect the building from damage, and

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b. if necessary, must underpin and support the building in an approved

manner, and c. must, at least 7 days before excavation below the level of the base of the

footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. Allotment of land includes a public road and any other public place.

(10) No work being carried out other than between the hours of 7:00am – 5:30pm

Monday to Fridays and 7:00am – 1:00pm on Saturdays, with no work at all being carried out on Sundays and Public Holidays.

(11) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive,

and from 7:00am to 1:00pm Saturdays. No work shall be carried out on Sundays or Public Holidays. The owner/builder shall be responsible for the compliance of this condition by all sub-contractors, including demolishers.

(12) The approved structure shall not be used or occupied unless an Occupation

Certificate (being a Final Certificate or an Interim Certificate) as referred to in section 109C(1)(c) of the Environmental Planning & Assessment Act 1979 has been issued.

(Vide Section 109M Environmental Planning & Assessment Act 1979) (13) The building works are to be inspected during construction by the Principal

Certifying Authority or an appropriate Accredited Certifier authorised by the Principal Certifying Authority at the stages of construction listed in the following schedule. The Principal Certifying Authority must be satisfied that the construction satisfies the standards specified in the Building Code of Australia or in this approval before proceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

After excavation for, and prior to the pouring of, any footings; Prior to pouring any in-situ reinforced concrete building element; Prior to covering of the framework for any floor, wall, roof or other building

element; Prior to covering waterproofing in any wet areas; Prior to covering any stormwater drainage connections; and After the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

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(14) An application for a Construction Certificate is to be made to Council or an Accredited Certifier. Council's 'Construction Certificate Application' form is to be used where application is made to Council. Copies are available upon request. A Construction Certificate must be obtained prior to the commencement of building work.

(15) Structural engineer's details prepared and certified by a practicing Structural

Engineer for all reinforced concrete and structural members being submitted to the Principal Certifying Authority for approval prior to the issuing of a Construction Certificate.

(16) Framed panels or doors enclosing or partially enclosing a shower or bath shall

be glazed with "A" or "B" grade safety glazing material in accordance with Australian Standard 1288, Table 4.5, SAA Glass Installation Code (Human Impact Considerations).

(17) Safety glazing complying with B1.4 of the Building Code of Australia must be

used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with Australian Standard 1288 - Glass in Buildings - Selection and Installation.

Should an alternative method of complying with B1.4 of the Building Code of

Australia be proposed, please submit details to the Council for approval prior to installation. Such details are to show compliance with the performance provisions under BP1.3 of the Building Code of Australia.

(18) Compliance with the Building Code of Australia report by McKenzie Group

Consulting, dated 4 October 2012.

HEALTH

(1) All medical practices and procedures are to be carried out in accordance with the requirement and approval of the NSW Health Department.

(2) Storage and disposal of clinical waste is to be in accordance with the

requirements of the Environment Protection Authority (EPA) of the Office of Environment and Heritage (NSW).

(3) Where X-Ray equipment is installed or provided at the premises it shall be

installed in accordance with the requirements of the Environment Protection Authority (EPA) of the Office of Environment and Heritage (NSW). A copy of the certificate of compliance and / or registration is to be provided to the Council.

(4) Approved sharps containers are to be provided in each examination or treatment

room and used for the disposal of used sharps. The applicant is to furnish to Council in writing the details of the company engaged to dispose of these sharps containers.

(5) Any storage of chemicals is to be in accordance with the Occupational Health

and Safety Act 2000, S 135A - Dangerous Good as administered by Workcover. (6) Where any mechanical ventilation and or exhaust ventilation is provided it shall

be installed in accordance with the requirements of Australian Standards A.S.1668 pt 1 & 2. A certificate of compliance is to be provided to Council upon completion and prior to occupancy.

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(7) The plant platform equipment, machinery, services etc shall not generate

“offensive noise” as defined under the provisions of the Protection of the Environmental Operation Act 1997. The sound level shall not exceed +5dB(A) above the ambient background level measured at the boundary of the nearest residential property.

ENGINEERING

(1) Stormwater runoff from all roof and paved surfaces shall be collected and

discharged by means of a gravity pipe system to Council's drainage system located in Everton Road.

(2) All activities and works external to the site, or that affect public roads, are to be

carried out in accordance with Council's Policies including but not limited to the Code for Activities Affecting Roads, Rubbish Skips Policy, Work Zone Policy and Temporary Road Closure (Including Standing Plant) Policy.

(3) A road-opening permit shall be obtained for all works carried out in public or

Council controlled lands. Restoration of landscaping, roads and paths shall be carried out by Council at the applicant's expense in accordance with Council's restoration rates. The applicant or any contractors carrying out works in public or Council controlled lands shall have public liability insurance cover to the value of $20 million, and shall provide proof of such cover to the Principal Certifying Authority prior to carrying out the works.

(4) Spoil and building materials shall not be placed, stored, thrown or caused to fall

within any public roadway or footpath. Waste containers shall be placed in accordance with Council's Rubbish Skips Policy. Contact Council for a list of approved skip bin suppliers.

(5) The builder is to ensure footpaths and roads affected by construction works are

kept safe and prevent any damage to Council property. The builder shall erect and maintain where necessary approved hoardings, barricades, warning signs and night warning lamps to ensure public safety. Pedestrian access across the footpath must be maintained at all times.

(6) The following matters shall apply to the damage deposit listed in the Table of

Fees:-

a. This deposit is refundable if no damage occurs. Any damage caused will be repaired at Council's restoration rates, at the applicant's expense. All or part of the deposit will be forfeited to cover damage to Council's property during the course of demolition and/or construction.

b. Council will only carry out two inspections of the Council's footpath, kerb

and gutter, stormwater drainage system and roadway, prior to works commencing and at the completion of all work covered by this consent. Council is aware that damage may be caused by individual contractors that culminate in the damage inspected at Council's final inspection. The applicant is responsible for attributing any part of the damage to their individual contractors. Council will not refund any part of a damage deposit until the completion of the work covered by this consent.

(7) a. Temporary measures shall be provided during demolition, excavation

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and/or construction to prevent sediment and polluted waters discharging from the site.

b. An erosion and sediment control plan showing such measures shall be

prepared by a competent practicing hydraulic/civil engineer in accordance with Supplement 10 of Council's Stormwater Management Code.

c. The erosion and sediment control plan is to be reviewed by Council or an

Accredited Certifier - Civil Engineering prior to the issuing of a Construction Certificate.

(8) All demolition and excavation materials are to be removed from the site or

disposed off site using methods that comply with relevant environmental protection legislation.

(9) Vehicles removing demolished materials from the site shall access and depart

from the site through Wentworth Road and Parramatta Road. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight per axle.

C. That the objector be advised of Council’s determination. That Council call for a Division in accordance with Section 375A of the Local Government Act 1993 to record Councillor’s voting for and against on each planning decision.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)

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

FOR AGAINST Councillor Wong Councillor Furneaux-Cook Councillor Deans Councillor Faker Councillor Mannah Councillor Taunton Total (6) Total (0)

(ITEM 113/12) PERMIT PARKING SCHEME REQUEST FOR INCLUSION File No: 12/50734

Summary A resident of No. 83 Shaftesbury Road, Burwood whose property is currently not part of any Permit Parking Scheme Area has requested that Council review its position and allow permits to be issued to the subject property as if it were eligible under the Permit Parking Scheme Policy.

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194/12 RESOLVED (Carried Unanimously) That Council notify the resident of No. 83 Shaftesbury Road that their request to receive one Visitor Parking Permit is supported with the option to purchase a second Visitor Parking Permit as per the current policy.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 114/12) STREET TREE IN ROAD VERGE OUTSIDE NO. 26 NEICH PARADE BURWOOD File No: 12/50725

Summary This report has been prepared at the request of the Mayor via the General Manager, to inform Council of the street tree located outside No. 26 Neich Parade, Burwood. The subject tree is a mature native brush box (Lophostemon confertus). The tree has been inspected by Council Officers who report it to be in good health and of sound structure, subsequently requiring retention in accordance with Council’s Tree Preservation Order Policy, Street Tree Management Strategy and other statutory legislation. The tree is not recommended for removal.

195/12 RESOLVED (Carried Unanimously) 1. That the subject branch be removed and the tree propped up. 2. Should the tree become unstable in the future the tree to be removed.

(Moved Mayor John Faker/Seconded Councillor Sally Deans) The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Faker Councillor Wong Councillor Deans Councillor Furneaux-Cook Councillor Mannah Councillor Taunton Councillor Faker Casting Vote Total (4) Total (3)

MAYOR JOHN FAKER DECLARED A PECUNIARY INTEREST IN ITEM 115/12 EXPENDITURE OF

CONTRIBUTIONS FOR PARKING – ADDENDUM TO THE PLANNING AGREEMENTS POLICY AS HE

OWNS A PROPERTY IN THE STRAND AND ITEM 116/12 DRAFT VOLUNTARY PLANNING AGREEMENT

IN LIEU OF VISITOR PARKING – NO. 3 WILGA STREET AND 41A & 41B SHAFTESBURY ROAD

BURWOOD – SECTION 96 MODIFICATION OF DA 204/2011 AS THE APPLICANT IS A RELATIVE. MAYOR JOHN FAKER REMOVED HIMSELF FROM THE MEETING AT 7.31PM. DEPUTY MAYOR ERNEST WONG TOOK THE CHAIR AT 7.31PM

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(ITEM 115/12) EXPENDITURE OF CONTRIBUTIONS FOR PARKING - ADDENDUM TO

THE PLANNING AGREEMENTS POLICY File No: 12/50701

Summary Through provisions in the Burwood Development Control Plan (BDCP), Council may receive funds under Voluntary Planning Agreements (VPAs) in lieu of on site parking provision. This will apply in most business zones, for specific types of parking defined in the BDCP. Appropriate guidelines are needed for the expenditure of received funds to ensure transparency and due process. These guidelines are attached as a draft Addendum to the existing Planning Agreements Policy.

196/12 RESOLVED (Carried) That Council adopt as policy the Addendum to the Planning Agreements Policy.

(Moved Councillor Sally Deans/Seconded Councillor George Mannah) Councillors Lesley Furneaux-Cook and George Mannah called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Wong Councillor Taunton Councillor Deans Councillor Furneaux-Cook Councillor Mannah Total (3) Total (2)

(ITEM 116/12) DRAFT VOLUNTARY PLANNING AGREEMENT IN LIEU OF VISITOR

PARKING - NO. 3 WILGA STREET AND 41A & 41B SHAFTESBURY ROAD BURWOOD - SECTION 96 MODIFICATION OF DA 204/2011 File No: 12/51152

Summary A draft Voluntary Planning Agreement (VPA), prepared in connection with an approved development at No. 3 Wilga Street Burwood and No. 41A-41B Shaftesbury Road, Burwood and accompanying Explanatory Note have been publicly notified in accordance with the relevant legislation. Council’s endorsement is sought to enter into the VPA.

197/12 RESOLVED (Carried) 1. That Council enter into the Voluntary Planning Agreement for No. 3 Wilga Street and

Nos. 41A & 41B Shaftesbury Road Burwood involving the provision of a monetary contribution to Council in lieu of three Visitor Parking spaces on site.

2. That Council authorise the General Manager under the Power of Attorney as signatory of the Voluntary Planning Agreement and Explanatory Note.

(Moved Councillor Sally Deans/Seconded Councillor George Mannah)

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

FOR AGAINST Councillor Wong Councillor Furneaux-Cook Councillor Deans Councillor Taunton Councillor Mannah Total (3) Total (2)

MAYOR JOHN FAKER RETURNED TO THE MEETING AT 7.45PM COUNCILLOR SALLY DEANS LEFT THE MEETING AT 7:46PM

(ITEM 117/12) ALCOHOL PROHIBITED AREAS - RESTRICTION AMENDMENT File No: 12/50599

Summary At the Burwood and Canada Bay – Community Safety Precinct Committee on 10 October 2012, the NSW Police Force Burwood Local Area Commander requested an earlier commencement of time of the current Alcohol Prohibited Area from 8.00pm to 6.00pm.

198/12 RESOLVED (Carried Unanimously) 1. That the Burwood Council Alcohol Prohibited Areas commencement time be changed

from 8pm to 6pm, seven days a week, and the current signage be amended to reflect this change in the following parks and reserves:

Burwood Park Woodstock Reserve Martin Reserve Russell Street Reserve Reed Reserve

2. That Alcohol Prohibited Areas be reviewed by the Community Safety and Crime

Prevention Standing Committee in 12 months, taking into account Police feedback and local area crime statistics.

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

(ITEM 118/12) DRAFT - HIRE OF COMMUNITY CENTRES AND COUNCIL CHAMBERS POLICY File No: 12/48641

Summary The Hire of Community Centres and Council Chambers Policy was approved by Council in 2011. Following a year of use it was identified that some changes were necessary to assist with the monitoring of groups. The Policy has also been updated to include the hiring of storage areas and detailed conditions have been added to the Hirer’s responsibilities. Burwood Council owns and operates facilities which are available for use and hire by the

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community. Compliance with the Policy will ensure that there is flexibility and an opportunity for individuals, groups and organisations to be able to access the premises for various social, cultural, recreational and leisure activities that benefit the community.

199/12 RESOLVED (Carried Unanimously) That Council adopt the Draft Community Centre and Chambers Policy.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Justin Taunton)

(ITEM 119/12) BURWOOD LOCAL GOVERNMENT AREA CRIME STATISTICS REPORT 2012 File No: 12/51242

Summary A snap shot analysis has been undertaken of the Burwood Local Government Area crime data and hotspot mapping. This report details the findings from this research and contains considerations for future crime prevention planning target offences, to be undertaken by Council.

200/12 RESOLVED (Carried Unanimously) That the Council notes the information provided in the Burwood Local Government Area Crime Statistics Report 2012.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 120/12) PRIMARY DISCLOSURE OF INTEREST RETURNS - COUNCILLORS POST THE LOCAL GOVERNMENT ELECTIONS 2012 File No: 12/50708

Summary In accordance with Section 450A of the Local Government Act 1993: The General Manager must keep a Register of Pecuniary Interest Returns and the

Returns must be available for inspection by members of the public. The General Manager must arrange for the tabling of the Returns at the first meeting

held after the last day of the period for lodgement.

201/12 RESOLVED (Carried Unanimously) That the Primary Disclosures by Councillors be noted and accepted as tabled.

(Moved Councillor George Mannah/Seconded Councillor Justin Taunton)

(ITEM 121/12) DELEGATION TO THE MAYOR AND GENERAL MANAGER TO DEAL WITH MATTERS OF URGENCY DURING THE 2012/13 RECESS PERIOD File No: 12/50652

Summary To seek a determination from Council regarding delegations for the 2012/13 recess. During the December/January recess it is standard procedure for Council to delegate certain

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functions to the Mayor and General Manager to ensure matters of urgency can be adequately dealt with.

202/12 RESOLVED (Carried) 1. That for the period from 5 December 2012 until the 11 February 2013 Council delegates

its:

a. Functions with the exception of the functions listed under Section 377 and Chapter 7 of the Local Government Act 1993 equally to the Mayor and General Manager where both are required to agree in their decision and sign off on the matters.

b. Regulatory functions under Chapter 7 of the Local Government Act 1993 to the

General Manager in accordance with Section 379 of the Act.

2. That all decisions made under the above delegations be subsequently reported for the information of Councillors at the 12 February 2013 Council Meeting.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Justin Taunton)

(ITEM 122/12) NEW SOUTH WALES LOCAL INFRASTRUCTURE RENEWAL SCHEME (LIRS) - FUNDING APPLICATION - ROUND 2 File No: 12/51003

Summary Council’s approval is being sought to apply for loan funding under the New South Wales Local Infrastructure Renewal Scheme (LIRS) – ROUND 2 for the amount of $1,000,000 to assist in funding the Burwood Council Infrastructure Renewal Backlog Program.

203/12 RESOLVED (Carried Unanimously) 1. That Council authorise the General Manager to formally lodge an application for

$1,000,000 by 30 December 2012 for the New South Wales Local Infrastructure Renewal Scheme (LIRS) – ROUND 2.

2. That the General Manager be authorised under the Power of Attorney to sign all

appropriate documentation in relation to the New South Wales Local Infrastructure Renewal Scheme (LIRS) – ROUND 2 for the amount of $1,000,000.

(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)

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(ITEM 123/12) COUNCIL MEETING SCHEDULE FOR 2013

File No: 12/52021

Summary Council at its meeting on 20 November 2012 deferred endorsing the 2013 Council Meeting Schedule as the June meeting coincided with the school holidays. It is proposed to move the Council Meeting in June to one week earlier being 18 June 2013 to allow for an extended period during the school holidays for Councillors to arrange holidays with their families. This report seeks Council’s endorsement of the proposed Council Meeting and Building and Development Committee meeting dates for 2013.

204/12 RESOLVED (Carried Unanimously) That the following Schedule of Meeting Dates be adopted for 2013, with all Council Meetings scheduled to start at 6:00pm and all Building and Development Committee Meetings at 6:00pm in the Council Chambers, Suite 1, Level 2, 1-17 Elsie Street, Burwood:

Date Building & Development Committee

Council

5 February 2013 x 12 February 2013 x 12 March 2013 x 26 March 2013 x 9 April 2013 x 23 April 2013 x 14 May 2013 x 28 May 2013 x 11 June 2013 x 18 June 2013 x 9 July 2013 x 23 July 2013 x 13 August 2013 x 27 August 2013 x 10 September 2013 x 24 September 2013 x 8 October 2013 x 22 October 2013 x 12 November 2013 x 19 November 2013 x 10 December 2013 x

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INFORMATION ITEMS

(ITEM IN42/12) 2012-13 LOAN BORROWING PROGRAM - LOCAL INFRASTRUCTURE RENEWAL SCHEME File No: 12/51997

Summary The 2012-13 Budget has provided for a borrowing facility of $1million to facilitate road upgrade improvements throughout the Burwood LGA. The borrowing is part of the Local Infrastructure Renewal Scheme where Council will receive a 4% interest subsidy from the NSW Government.

No Decision – Information Item Only

(ITEM IN43/12) NO. 1-17 ELSIE STREET BURWOOD - FIRE SAFETY IN THE BUILDING File No: 12/52006

Summary Following a joint inspection of the building at No. 1-17 Elsie Street Burwood by Officers from the Building Compliance Unit of Fire & Rescue NSW and Council staff, a report has been received that identifies a number of issues relating to fire safety in the building. Pursuant to Clause 121 ZD (2) of the Environmental Planning & Assessment Act 1979 (EP&A Act) the report from Fire & Rescue NSW is required to be tabled at a Council Meeting.

No Decision – Information Item Only

(ITEM IN44/12) POWER OF ATTORNEY FOR THE GENERAL MANAGER File No: 12/51515

Summary At the Council Meeting of 28 June 2011, Council resolved to delegate to Michael Gerard McMahon, General Manager, a prescribed power of attorney and that the General Manager report to Council every three months on all documents signed under the prescribed power of attorney. Council notes that the following document was signed by the General Manager on 5 November 2012: 1. Funding Agreement for the Local Infrastructure Renewal Scheme (LIRS) for the

Burwood Council Road Infrastructure Backlog Repair Program. Presented to the Council Meeting on 24 July 2012 as per Council Resolution 121/12.

No Decision – Information Item Only

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(ITEM IN45/12) PETITIONS File No: 12/51076

Summary Council has received four petitions since the last Council Meeting. Background

Date Received

Petition Subject No. of Petitioners within the

LGA

No. of Petitioners

outside the LGA

Action

13 November 2012

Residents petitioning against Development Application 2012.133 – Shop 8, 1-17 Elsie Street, Burwood

44 0 Land, Infrastructure & Environment

13 November 2012

Residents petitioning against Development Application 2012.133 – Shop 8, 1-17 Elsie Street, Burwood

4 0 Land, Infrastructure & Environment

13 November 2012

Residents of Neich Parade petitioning against Development Application 2012.137 – Bath Arms Hotel increasing its trading hours to 3.00am

16 0 Land, Infrastructure & Environment

15 November 2012

Residents of Burwood requesting exercise venue activity at Burwood Park

46 0 Land, Infrastructure & Environment

No Decision – Information Item Only COUNCILLOR JUSTIN TAUNTON LEFT THE MEETING AT 7:55PM COUNCILLOR SALLY DEANS RETURNED TO THE MEETING AT 7:55PM

CONFIDENTIAL ITEMS - CLOSED SESSION

205/12 RESOLVED (Carried Unanimously) That the meeting move into closed session in order to consider Item 124/12 Property Strategy Update, Item 125/12 Burwood Library & Community Hub, Item TE7/12 Advanced Waste Treatment SSROC – Signing of Memorandum of Understanding and Item MM34/12 General Manager – Annual Performance Review 2012 to be considered in closed session to the exclusion of the press and public in accordance with Section 10A(2) (c) of the Local Government Act, 1993, as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, Section 10A(2) (d) of the Local Government Act, 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and Section 10A(2) (a) of the Local Government Act, 1993, as the matter involves personnel matters concerning particular individuals.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)

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THERE WERE NO REPRESENTATIVES FROM THE PUBLIC TO ADDRESS THE COUNCIL BEFORE THE

RESOLUTION TO MOVE INTO CLOSED SESSION WAS CARRIED.

THE MEETING MOVED INTO CLOSED SESSION AT 7.57PM THE PUBLIC AND PRESS EXCLUDED

FROM THE MEETING. COUNCILLOR JUSTIN TAUNTON RETURNED TO THE MEETING AT 7:59PM THE GENERAL MANAGER, DEPUTY GENERAL MANAGER CORPORATE, GOVERNANCE &

COMMUNITY, DEPUTY GENERAL MANAGER LAND, INFRASTRUCTURE & ENVIRONMENT, EXECUTIVE MANAGER, CHIEF FINANCE OFFICER, MANAGER ORGANISATIONAL DEVELOPMENT, SENIOR MANAGER ASSETS & DESIGN, SENIOR MANAGER COMMUNITY & LIBRARY, MANAGER

ENVIRONMENT & HEALTH, GOVERNANCE CO-ORDINATOR AND GOVERNANCE OFFICER LEFT THE

MEETING FOR ITEM MM35/12 GENERAL MANAGER – ANNUAL PERFORMANCE REVIEW 2012 AT

8.10PM THE MEETING RESUMED IN OPEN SESSION AT 8.20PM THE GENERAL MANAGER, DEPUTY GENERAL MANAGER CORPORATE, GOVERNANCE &

COMMUNITY, DEPUTY GENERAL MANAGER LAND, INFRASTRUCTURE & ENVIRONMENT, EXECUTIVE MANAGER, CHIEF FINANCE OFFICER, MANAGER ORGANISATIONAL DEVELOPMENT, SENIOR MANAGER ASSETS & DESIGN, SENIOR MANAGER COMMUNITY & LIBRARY, MANAGER

ENVIRONMENT & HEALTH, GOVERNANCE CO-ORDINATOR AND GOVERNANCE OFFICER RETURNED

TO THE MEETING

(ITEM 124/12) PROPERTY STRATEGY UPDATE File No: 12/51304

That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act, 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

206/12 RESOLVED (Carried Unanimously) 1. That Council notes the assessment of the 2005 Property Strategy. 2. That Council approves the development of a new Property Strategy to commence in

2013-14 and that it is submitted to Council for consideration by June 2013.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 125/12) BURWOOD LIBRARY & COMMUNITY HUB PROJECT File No: 12/51035

That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (c) of the Local Government Act, 1993, as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

207/12 RESOLVED (Carried Unanimously) 1. That Council approves the total budget for the proposed Library & Community Hub

Project at No 2 Conder Street, Burwood.

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2. That Council approves the broad concept design and key elements detailed in this

report. 3. That Council notes the proposed schedule for the delivery of the project. 4. That Council notes that progress reports associated with the Project will be presented

to Council for approval and/or information as required.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor George Mannah)

(ITEM TE7/12) ADVANCED WASTE TREATMENT TENDER SSROC - SIGNING OF MEMORANDUM OF UNDERSTANDING File No: 12/50490

That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act, 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

208/12 RESOLVED (Carried Unanimously) 1. That Council accept the tender submission offered by Veolia Environmental Services

for the provision of an Advanced Waste Treatment service.

2. That Council agree to the Memorandum of Understanding with Veolia Environmental Services setting out the principles for developing the contract, contingent on final price (which will change if any of the eight participating Councils do not enter into contract with Veolia).

3. That the Deputy General Manager Land, Infrastructure & Environment represent and act on behalf of Council for the negotiation of the contract and throughout the contract term.

4. That Council delegate to the General Manager the authority to agree the contract terms on behalf of Council.

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

(ITEM MM38/12) GENERAL MANAGER – ANNUAL PERFORMANCE REVIEW 2012

That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (a) of the Local Government Act, 1993, as the matter involves personnel matters concerning particular individuals.

Summary Following the meeting of the Performance Review Panel in November 2012 which consists of the Mayor, Cr John Faker, Deputy Mayor, Cr Ernest Wong, and Cr Lesley Furneaux-Cook, Mastertek Pty. Limited was asked to prepare a confidential report detailing the outcomes of the discussions between the members of the Panel and the General Manager, Michael McMahon, in relation to his second Annual Review of Performance.

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Detailed in the report are the agreed performance ratings arising from the Review Panel’s deliberations for each of the Strategic Objectives specified in the General Manager’s Performance Agreement which was approved by Council. The report also included specific feedback from the Review Panel to the General Manager on each of the Strategic Objections. The Review Panel’s overall performance rating of the General Manager was 4.0 which represents a “Very Good to Outstanding” performance. The Panel concluded that the General Manager “has done a great job in steadying the ship and instilling a sense of pride within the organisation”. Notwithstanding the positive performance review, the Review Panel considered that since a five year contract had recently been established for the General Manager, that there should not be an increase to the Total Remuneration Package. However, in recognition of the sustained performance, the Panel recommends to Council that, in accordance with Clause 9.8 of the Contract of Employment, the General Manager be granted two weeks paid Special Leave. The two weeks paid Special Leave is to be taken prior to 30 June 2013.

209/12 RESOLVED (Carried Unanimously)

1. Council accepts the Performance Review Panel’s determination of the General Manager’s performance for 2012 and congratulates the General Manager for his performance.

2. Council grant the General Manager two weeks paid Special Leave in accordance with Clause 9.8 of his Contract of Employment to be taken prior to 30 June 2013.

3. Council approve the General Manager’s Performance Plan for 2013. QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Councillor Ernest Wong Can Council clarify if Clause 5.5 of the Draft – Hire of Community Centres and Council Chambers Policy should be read as groups being required to meet the three listed criteria? 5.1 Community/Not for Profit Groups based in Burwood Council Area Groups or organisations must be able to demonstrate that they: are an incorporated association under the NSW Associations Incorporation Act 1984

registered under the Charitable Fundraising Act 1991

all funds of the group are used to achieve the organisation’s objectives and are not distributed to members

Councillor Lesley Furneaux-Cook Will Council seek legal advice on what elements of the current Development Control Plan (DCP) currently placed on exhibition can be put in the adopted Local Environmental Plan to strengthen compliance given the recent changes to DCPs by the State Government?

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Councillor Lesley Furneaux-Cook If residents are impacted by aircraft noise do we have any provisions in new developments to alleviate noise? Councillor Lesley Furneaux-Cook Lights are still out at the roundabout at the ‘Avenue of Nations” at Burwood Road/Conder Street? Can Council please investigate? This concluded the business of the meeting and Council rose at 8.30pm. Confirmed this 13th Day of February 2013. MAYOR GENERAL MANAGER