Ordinary Council

MINUTES

DATE OF MEETING: 22 March 2016 LOCATION: Council Chambers TIME: 7.00pm

This business paper has been reproduced electronically to reduce costs, improve efficiency and reduce the use of paper. Internal control systems ensure it is an accurate reproduction of Council’s official copy of the business paper.

Ordinary Council Minutes Meeting Date: 22 March 2016 Page 2

MEETING 1460

Administration Centre, WAKELEY

MINUTES OF THE MEETING OF COUNCIL OF THE CITY OF FAIRFIELD HELD IN THE COUNCIL CHAMBERS AT THE ADMINISTRATION CENTRE, AVOCA ROAD WAKELEY ON 22 MARCH 2016 AT 7.00PM.

PRESENT:

His Worship Mayor Carbone.

Councillors Barcha, Bennett, Karajcic, Khoshaba, Le, Ly, Molluso, Saliba, Tran, White and Yeung.

In attendance were the City Manager, Director Community Outcomes, Group Manager Special Projects, Group Manager Corporate Services, Group Manager Place & Infrastructure Operations, Acting Group Manager City & Community Development, Chief Financial Officer/Group Manager Integrated Planning & Reporting, Manager Governance and Legal, Manager Communications and Marketing, IT Technician – Application Support (G Joseph), Civic Attendant and Committee Clerk (L Kalatzis).

Also in attendance was Mr Chris Hayes MP, Federal Member for Fowler.

National Anthem

All present, stood for the National Anthem.

Acknowledgement of Traditional Custodians

The Mayor acknowledged the Cabrogal of the Darug nation, the traditional custodians of the land upon which the meeting was held. He acknowledged their elders, past and present, and other Aboriginal people present.

Prayer

The Prayer was read by Councillor Barcha.

Mayor Carbone welcomed members of the public to the Council Meeting.

CONFIRMATION OF MINUTES

MOTION: (Khoshaba/Karajcic)

That the Minutes of the meeting held on 23 February 2016 be confirmed.

CARRIED UNANIMOUSLY

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APOLOGIES AND LEAVE OF ABSENCE

No apologies were tendered or Leave of Absence was sought for this meeting.

MAYORAL MINUTES

Passing of George Petersen

I was saddened to hear of the passing of an important member of our community, George Petersen on Saturday 27 February 2016.

George was a founding member of the Fairfield City Museum and Gallery. He was the neighbour of Maisie Morris, the last owner of the Old Council Building and was entrusted by her to carry out his last wish to realise Fairfield’s first museum.

Their legacy lives on in the amazing facility we so proudly manage with over 3,500 visitors enjoying these facilities each month.

George and his late wife June, along with the Stein family have made immeasurable contributions to the community and to the Fairfield City Museum and Gallery.

I pass on my condolences to Georges’ family and friends.

Councillors, please join me in one minute’s silence as we pay our respects to George Petersen.

MOTION: (White/Tran)

That a minute’s silence be held in memory of Mr George Petersen.

CARRIED UNANIMOUSLY

MINUTE OF SILENCE

Upon request from the Mayor, all present stood and observed one minute of silence to respect the memory of Mr George Petersen.

Mayoral Scholarship Fund - Angelina Subotic Dordevic

At the Ordinary Council Meeting of 23 February 2016, Council endorsed a donation from the Mayoral Scholarship Fund to a local young sports achiever.

Tonight, I am pleased to present this $1,000.00 cheque to Angelina Subotic Dordevic to go towards her participation at the Junior State Tennis Clay Court Championship in Victoria from 28 March to 10 April 2016.

This donation will provide financial assistance towards uniform, travel and accommodation costs associated with Angelina’s participation at the Championship.

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Angelina is part of the Tennis Australia’s Talent Development Program. She has won a number of junior tournaments and is now competing in the women’s tournaments. This scholarship will assist Angelina in her aspirations in competitive tennis and assist her in achieving her full potential.

Councillors, please join me in congratulating Angelina this evening and wishing her the very best in their tennis aspirations.

MOTION: (White/Karajcic)

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

Easter Egg Hunt

Easter is an important time for many families in our community as it’s an opportunity to spend time with family and friends and take a break from our busy lives.

Every year, Council hosts a number of family-friendly activities with the Easter bunny visiting both of the Town Centres.

Tonight, I would like to propose an addition to these activities with an Easter egg hunt at the Fairfield Adventure Park, this Saturday 26 March between 1.00-4.00pm. The Easter Bunny will be there handing out eggs as well as a number of activities for the children to enjoy.

The cost for the Easter egg hunt is minimal and it will be covered under current service delivery budgets.

Councillors, I invite you all to attend one of the many Easter activities taking place in our City.

MOTION: (White/Khoshaba)

That a Easter Egg Hunt be held at the Fairfield Adventure Park on Saturday 26 March 2016 between 1.00pm - 4.00pm.

CARRIED UNANIMOUSLY

Fairfield’s Fabulous Residents

Council established the Fabulous Fairfield Program as a way of thanking residents who take the time and effort to make our City beautiful.

Tonight we congratulate residents from Bossley Park, Cabramatta West, Edensor Park, Fairfield, Fairfield Heights and Prairiewood.

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Selecting the gardens this month was not difficult, even after Sydney's longest spell of days over 26 degrees with no rain (a total of 39 days).

Gardeners have been very busy and all gardens are looking neat and attractive and well maintained.

Our Edensor Park resident maintains a vegetable garden and fruit trees from which he makes his own wine. Many residents are now planting fruit trees to make their gardens more sustainable.

Many more gardeners are building vegetable gardens and have water tanks to make their homes more self-reliant and they are definitely being “green” in their efficiencies.

I would like to congratulate the recipients of the March Fabulous Fairfield Awards as the standard this month has been very high.

Tonight, our Fabulous Fairfield residents will receive a native plant grown by the Fairfield Community Native Plant Nursery volunteers. More than 190 different native plants are grown by this group of volunteers, who are based at our Nalawala Urban Sustainability Hub.

Councillors, would you please join me in congratulating tonight’s winners of the Fabulous Fairfield program.

MOTION: (White/Tran)

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

Community Donations To Local Hospitals

The Mayor advised he would present his Mayoral Minute on ‘Community Donations to Local Hospitals’ later in the meeting, when Chris Hayes MP, Federal Member for Fowler is present.

The Mayoral Minute ‘Community Donations To Local Hospitals’ was dealt with later in the meeting (refer to page 7 of the Minutes).

NOTICES OF MOTION

1: Notice of Motion submitted by Councillor Molluso File Number: 09/00227

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PROCEDURAL MOTION: (White/Karajcic)

That due to the content contained in Item 1 - Notice of Motion submitted by Councillor Molluso, which includes the names of residents, Council staff and Councillors, this item be dealt with at the end of the meeting in Closed Session.

The Procedural Motion was PUT and CARRIED

A division was called by Councillors Barcha and Tran. The division was taken with the following results:

Aye Nay Mayor Carbone Councillor Barcha Councillor Karajcic Councillor Bennett Councillor Khoshaba Councillor Ly Councillor Le Councillor Molluso Councillor Saliba Councillor Tran Councillor White Councillor Yeung

Total=(7) Total=(5)

The Mayor declared the Procedural Motion CARRIED

During debate, Mayor Carbone ruled that Councillor Molluso was out of order in not addressing the motion before the Council and he asked Councillor Molluso on 2 occasions to resume his seat.

During debate, Councillor Molluso made remarks that the Mayor considered were inappropriate as they could have amounted to allegations against the staff. Mayor Carbone sought clarification from Councillor Molluso if he was making an allegation against staff. Councillor Molluso responded that he was not making an allegation.

Mayor Carbone advised that in accordance with Section 10A(2)(a) of the Local Government Act 1993, a meeting may be closed to the public on the grounds that the business relates to personnel matters concerning particular individuals.

Mayor Carbone sought clarification from the City Manager of what matters are dealt with in Closed Session. The City Manager provided further clarification referencing Section 10A and 10B of the Local Government Act 1993 and that moving items into Closed Session is a matter for the Council to determine based on being satisfied on the provisions of Sections 10A and 10B.

The Mayor sought clarification from the Council whether their intention was to discuss staff matters. A number of Councillors indicated that it was their intention to discuss staff matters.

Item 1 was dealt with during Closed Session of the meeting.

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2: Notice of Motion submitted by Councillor Molluso File Number: 09/00227

PROCEDURAL MOTION: (White/Karajcic)

That Item 2 - Notice of Motion submitted by Councillor Molluso be dealt with at the end of the meeting in Closed Session.

The Procedural Motion was PUT and CARRIED

A division was called by Councillors Molluso and Tran. The Division was taken with the following results:

Aye Nay Mayor Carbone Councillor Barcha Councillor Karajcic Councillor Bennett Councillor Khoshaba Councillor Ly Councillor Le Councillor Molluso Councillor Saliba Councillor Tran Councillor White Councillor Yeung

Total=(7) Total=(5)

The Mayor declared the Procedural Motion CARRIED

Item 2 was dealt with during Closed Session of the meeting.

Mayor Carbone acknowledged the arrival of Mr Chris Hayes MP, Federal Member for Fowler.

MAYORAL MINUTE

Community Donations to Local Hospitals

Hospitals are an important part of our society. Here in the Fairfield Local Government Area both Fairfield and Braeside Hospitals provide vital services to our City’s residents as well as those who do not.

As Mayor, I’m proud to see the Fairfield City community spirit coming together to provide funds to the Hospitals through donations and charity events.

Tonight, I would like to acknowledge a number of people who have donated to the Hospital in the last month with a Certificate of Appreciation from Fairfield City Council.

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Representing Fairfield Hospital tonight are Mr Arnold Tammekand, General Manager, Dr Harry Doan, Fairfield Director of Medical Services and Ms Barbara Chapman, Fairfield Director of Nursing and Midwifery.

Tonight representing Braeside Hospital are Ms Wendy Gardiner, Operations Manager and Director of Nursing and Mr Julian Martin, Relationship Manager, HammondCare.

The Lim Family

The Lim family of Cabramatta West have given a generous donation of $33,000.00 to go towards steam box for the Central Sterile Services Department and a bladder scanner. Here tonight to represent the Lim family are Mr Thay Lim OAM JP, Mrs Susan Aung and Ms Pech Ngor Tran.

Mr Henry and Jenny Ngai

Mr Henry Ngai, Managing Director of ABC Tissues, which is based in Wetherill Park, and his wife Jenny recently donated $50,953.32 to fund 4 CTG monitors for patients in both the antenatal clinic and maternity services.

I would also like to acknowledge the Vietnamese community has raised approximately $80,000.00 to support Fairfield Hospital.

Western Sydney Chinese Community

The Western Sydney Chinese community recently held a fundraiser for both Fairfield and Braeside Hospitals where they raised $60,000.00.

The Western Sydney Chinese community consists of:

• Australian Cambodian Chinese Association • Australian Chinese Buddhist Society • Australian Chinese Teo Chew Association • Australian Chinese & Descendants Mutual Association • Australian Lao Chinese Association • Australian Zhongshan Business Association • Hok Tek Non Profit Charity Association • Indo-Chinese Elderly Hostel • Lu Group • NSW Indo-China Chinese Association • Oceania Federation of Chinese Organisations from Vietnam, Cambodia and Laos • Phuoc Kien Phuoc Duc Alumni Association

Councillors, please join me in acknowledging all the generous donors and the staff from both Fairfield and Braeside Hospitals who will use the funds to improve the services for patients.

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Mayor Carbone invited Mr Chris Hayes MP, Federal Member for Fowler to come forward and assist him in presenting the Certificates of Appreciation to the recipients.

MOTION: (White/Karajcic)

That the Mayoral Minute be received and noted.

CARRIED UNANIMOUSLY

Councillor Bennett left and returned (8.02pm) to the meeting.

QUESTIONS TO THE MAYOR

Question asked by Councillor Molluso Domestic Violence File No. 15/21164

I refer to my question at the February Meeting which was “As Chairman of the Crime Prevention Group, what advice would you give to women who are victims of domestic violence”. When can I expect a response?

Question asked by Councillor Le Local Government Women's Association File No. 15/21164

I wonder if we could explore having the Australian Local Government Women’s Association Conference being held in the Fairfield LGA?

Question asked by Councillor Barcha

Councillor Barcha commenced to ask a Question to the Mayor. The Mayor halted Councillor Barcha and asked if the Question to the Mayor was in writing. The Mayor asked to be provided with the Question to ensure it was in order. Following no question in writing being presented by Councillor Barcha, Mayor Carbone asked Councillor Barcha to resume his seat.

Question asked by Councillor Bennett Hacking of Emails File No. 15/21164

Mr Mayor/City Manager can you provide a Memo to Councillors if either of you have requested Fairfield Police to reinvestigate the illegal hacking that a former Councillor had conducted on current Councillors?

Question asked by Councillor Ly Access to Emails File No. 15/21164

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Can the City Manager provide a report to all Councillors, on what Council has done to give confidence to Councillors and the Community, regarding illegal access to Council emails and Councillors receiving virus emails from the time Council was aware of these activities until today?

Mayor Carbone acknowledged Mr Chris Hayes MP, Federal Member for Fowler and thanked him for attending the Meeting.

QUESTIONS FROM PUBLIC FORUM

Questions were raised by Mr Charles Gream of Cabramatta in relation to damaged gully pits and pavements.

A Question was raised by Judith Carter on behalf of Ms Sam Barone of Fairfield in relation Renbury Farm Animal Shelter.

REPORT BY PRESENTER OF THE INDEPENDENT DEVELOPMENT ASSESSMENT COMMITTEE - 3 MARCH 2016

1: SUBJECT: Section 96 Modification Application to Increase the Number of Boarding House Rooms from 6 to 8 and the Re-configuration of the Shop and Manager's Quarters' Floor Space Within the Building Premises: Lots 1 & 2, Section 3, DP 948, No. 36 Linda Street, Fairfield Applicant/Owner: Ms A Maljkovic Zoning: Zone R2 Low Density Residential File Number: MA 1545.2/2004

MOTION: (White/Karajcic)

That:

1. The Independent Development Assessment Committee recommendation to deferred the application until the Applicant provides the following information, be adopted:

1.1 The Applicant shall provide within 21 days, measured drawings of the entire building and grounds and a report from a suitably qualified consultant addressing the compliance of the building as built and as proposed with the State Environmental Planning Policy (SEPP) (Affordable Housing), the Building Code of Australia and Australian Standards; 1.2 In addition, a plan of management for the operation of the boarding house and its’ relationship with the other use on the site (shop) and with the neighbouring area is to be provided to the satisfaction of Council’s Manager of Development Planning. The Plan of Management (POM) must specify the manner in which any operator shall deal with the day to day operation of the boarding house, the behaviour of the residents, and relationship issues with the local residents and members of the public and in particular:

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1.2.1 CCTV cameras shall be installed and monitored on a 24 hour basis and if any criminal activity or antisocial behaviour occurs this is to be reported to the police and an incident book kept of this behaviour with the incident book to made available to the Council (upon request). 1.2.2 An acknowledgement by the management that all tenants when first signed shall have the location of fire exits explained to them. Tenants shall be made aware of the “house rules” which shall be displayed in each room. Any incidents of any antisocial behaviour shall be noted in the incident book; 1.2.3 Notification to neighbours in the immediate street that there is a 24 hour number for any incidents or concerns to be reported to the management – any calls to be returned within 24 hours; 1.2.4 The building shall be maintained and operated in a manner to ensure that the areas designated on the plans for use by disabled persons comply with the relevant Australian Standards; 1.2.5 Graffiti removal is to take place within 24 hours of occurring on site.

1.3 External public open space is to be improved by privacy screens, landscaping, and embellishment of the area to make it a pleasant outdoor meeting place to encourage outdoor external use, and 1.4 Evidence to be submitted that an easement for resident egress has been created over Lot 3, Sec 3, DP 948, benefitting Lot 1, Sec 3, DP 948 and Lot 2, Sec 3, DP 948.

2. The Delegated Authority to determine the Application be granted to the City Manager once information has been submitted to Council that adequately addresses the matters referred to above.

A division was taken with the following results:

Aye Nay Mayor Carbone Councillor Barcha Councillor Bennett Councillor Karajcic Councillor Khoshaba Councillor Le Councillor Ly Councillor Molluso Councillor Saliba Councillor Tran Councillor White Councillor Yeung

Total=(12) Total=(0)

CARRIED UNANIMOUSLY

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REPORT BY CHAIRMAN OF THE OUTCOMES COMMITTEE - 8 MARCH 2016

23: Subject: Bonnyrigg Town Centre - Strategic Review and Planning Proposal Premises: Bonnyrigg Deferred Matter under Fairfield LEP 2013 Applicant: Details of land owners circulated separately Zoning: Various Zones under Fairfield LEP 1994 File Number: 15/12226

Councillor Type of Interest Nature of Interest Action Taken/ Explanation Given Molluso Less than I have a client who owns a This will not Significant Non- property in the precinct of influence my

Pecuniary Bonnyrigg Town Centre. decision.

MOTION: (White/Karajcic)

That Council:

1. Endorse the Planning Proposal (Attachment A of the report) and associated Local Environmental Plan (LEP) Maps (Attachment B of the report) and inform the Department of Planning and Environment that it wishes to commence the Gateway process to amend the Fairfield LEP 2013 to rezone various parcels of land in the Bonnyrigg Town Centre Deferred Matter, through the application of the following zones of the NSW Standard LEP:

1.1 Zone R4 – High Density Residential 1.2 Zone B1 – Neighbourhood Business Centre 1.3 Zone B4 – Mixed Use Development 1.4 Zone B6 – Enterprise Corridor 1.5 Zone RE1 – Public Recreation 1.6 Zone RE2 – Private Recreation 1.7 Additional permitted uses of Residential Flat Buildings and Food & Drink Premises on certain sites proposed to be rezoned B6 – Enterprise Corridor.

2. Endorse the draft built form, urban design and building envelope proposals detailed in this report and draft Bonnyrigg Town Centre - Strategic Review (Attachment C of the report) for inclusion with public exhibition of the Planning Proposal.

3. Receive a further report on the proposed new Development Control Plan to be prepared for the Bonnyrigg Town Centre and to accompany public exhibition of the Planning Proposal.

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4. Receive a further report on the Planning Proposal and draft Development Control Plan following public exhibition to be carried out in accordance with the public consultation strategy outlined in this report.

A division was taken with the following results:

Aye Nay Mayor Carbone Councillor Barcha Councillor Bennett Councillor Karajcic Councillor Khoshaba Councillor Le Councillor Ly Councillor Molluso Councillor Saliba Councillor Tran Councillor White Councillor Yeung

Total=(12) Total=(0)

CARRIED UNANIMOUSLY

24: Revised 2013-2017 Delivery Program 6 Monthly Report - July to December 2015 File Number: 14/05715

MOTION: (White/Tran)

That Council receive and note the Revised 2013-2017 Delivery Program 6 Monthly Report for July to December 2015.

CARRIED UNANIMOUSLY

25: GST Refunds on Property Sales Project File Number: 12/06056

MOTION: (White/Karajcic)

That:

1. Fairfield City Council participates with other Councils in a High Court class action (or similar) to test the application of the law in relation to GST and Council property, as detailed in the report.

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2. Council accepts that there are no other such actions available for Fairfield Council to participate in to test this law and that this constitutes unavailability of competitive or reliable Tenderers as defined under Section 55 of the Local Government Act.

3. The Mayor and City Manager be authorised to execute the appropriate agreements for this action, affix the Seal of Council on any relevant documents to certify its decision to participate with other Councils in a High Court class action (or similar) and enable the completion of the matter.

CARRIED UNANIMOUSLY

SUP Airspace Protection at the Proposed Western Sydney Airport 32: File Number: 08/00629

MOTION: (White/Tran)

That the report be received and noted.

CARRIED UNANIMOUSLY

REPORT BY CHAIRMAN OF THE SERVICES COMMITTEE - 8 MARCH 2016

33: Roads to Recovery Grant Funding File Number: 11/02774

MOTION: (Khoshaba/Tran)

That:

1. The sixty four thousand, one hundred and seventy five dollars ($64,175.00) of grant funding advised by the Australian Government Department of Infrastructure and Regional Development as remaining unexpended from 2014/2015 be voted into the 2015/2016 Budget for funding projects prioritised according to the criteria in Councils Roads and Transport Asset Management Plan.

2. The six hundred and seventy thousand, three hundred and forty seven dollars ($670,347.00) of additional grant funding allocated by the Department of Infrastructure and Regional Development be voted into the 2015/2016 Budget for funding projects prioritised in line with Councils Roads and Transport Asset Management Plan.

3. The locations identified in the Major Program for the Roads to Recovery funding in the 2015/16 Operational Plan and the draft 2016/2017 Operational Plan be updated to reflect these changes.

CARRIED UNANIMOUSLY

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34: Library Development Grant File Number: 12/03512

MOTION: (Khoshaba/Karajcic)

That:

1. Council accept the grant of two hundred thousand dollars ($200,000.00) offered by the Library Council of NSW to support the refurbishment of the Whitlam Library and it be received into the 2015/2016 budget.

2. Council consider as part of adopting the Draft 2016-2017 Operational Plan the additional works associated with this grant funding.

CARRIED UNANIMOUSLY

35: Mayoral Scholarship Fund - Request for Donation File Number: 15/0052

MOTION: (Khoshaba/Tran)

That Council make a one thousand dollar ($1,000.00) donation from the Mayoral Scholarship Fund to Isaac Capobianco towards his participation in the U15s Softball Development Tour to be held in New Zealand from 14 to 25 April 2016.

CARRIED UNANIMOUSLY

36: Road closure of laneway within Boyd and King Estate Cabramatta West Property: Laneway enclosed by 37, 39, and 41 Water Street and 34, 38 and 40 Boyd Street, Cabramatta West File Number: 10/02828

CONFIDENTIAL - It is recommended that the Council resolve into Closed Session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2)(c)(d(i))(d(ii)) of the Local Government Act, 1993, on the grounds that: (i) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; and (ii) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; and (iii) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council. and dealing with the matter in Open Session would be, on balance, contrary to the public interest.

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THIS CONFIDENTIAL ITEM WAS DEALT WITH IN CLOSED SESSION OF THE COUNCIL. FOR DETAILS OF THE RESOLUTION PASSED BY THE COUNCIL IN CLOSED SESSION REFER TO PAGE 18 OF THE MINUTES.

39: Australian Local Government Association - 2016 National General Assembly File Number: 10/01441

MOTION: (Khoshaba/Tran)

That any Councillor wishing to attend the 2016 National General Assembly notify the City Manager in writing as soon as possible and no later than the end of April 2016.

CARRIED UNANIMOUSLY

Councillor Tran left (8.34pm) the meeting and did not return.

MEETING CLOSED TO THE PUBLIC

MOTION: (Khoshaba/White)

That pursuant to Section 10A of the Local Government Act the meeting be closed to the public to consider the following confidential item of business and the grounds for such closure are stated hereunder:

36: Road closure of laneway within Boyd and King Estate, Cabramatta West. Property: Laneway enclosed by 37, 39, and 41 Water Street and 34, 38 and 40 Boyd Street, Cabramatta West File Number: 10/02828 CONFIDENTIAL REPORT

10A(2)(c)(d(i))(d(ii)) (1) Pursuant to Section 10A(2)(c)(d(i))(d(ii)) the information in the Report is confidential. (2) The matter to be discussed is Road closure of laneway within Boyd and King Estate, Cabramatta West. (3) In relation to Section 10A(2) of the Local Government Act 1993, the reason why this part of the meeting should be closed is the matters and information is the following: (c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; and (d(i)) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it; and (d(ii)) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the council. and dealing with the matter in Open Session would be, on balance, contrary to the public interest.

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1: Notice of Motion submitted by Councillor Molluso File Number: 09/00227 CONFIDENTIAL REPORT

10A(2)(a) (1) Pursuant to Section 10A(2)(a) the information in the Notice of Motion is confidential. (2) The matter to be discussed is a Notice of Motion submitted by Councillor Molluso. (3) In relation to Section 10A(2) of the Local Government Act 1993, the reason why this part of the meeting should be closed is the matters and information is the following: (i) personnel matters concerning particular individuals. and dealing with the matter in Open Session would be, on balance, contrary to public interest.

2: Notice of Motion submitted by Councillor Molluso File Number: 09/00227 CONFIDENTIAL REPORT

10A(2)(a) (1) Pursuant to Section 10A(2)(a) the information in the Notice of Motion is confidential. (2) The matter to be discussed is a Notice of Motion submitted by Councillor Molluso. (3) In relation to Section 10A(2) of the Local Government Act 1993, the reason why this part of the meeting should be closed is the matters and information is the following: (i) personnel matters concerning particular individuals. and dealing with the matter in Open Session would be, on balance, contrary to public interest.

CARRIED UNANIMOUSLY

MEETING OPEN TO THE PUBLIC

MOTION: (White/Karajcic)

That the meeting be open to the public.

CARRIED UNANIMOUSLY

THE DECISIONS OF THE COUNCIL IN CLOSED SESSION:

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36: Road closure of laneway within Boyd and King Estate Cabramatta West Property: Laneway enclosed by 37, 39, and 41 Water Street and 34, 38 and 40 Boyd Street, Cabramatta West File Number: 10/02828

That:

1. Council approve the application to formally close the laneway enclosed by 37- 41 Water Street and 34-40 Boyd Street Cabramatta West as outlined in the report.

2. The Land be classified as Operational Land upon closure of the road.

3. Council sell the land to the adjoining owners in line with Council’s current Policy for the Disposal of Surplus Roads, Laneways and Pedestrian Pathways.

4. The Mayor and City Manager be authorised to affix the Seal of Council on the Section 88B Instrument, Linen Plan, Contract of Sale, Transfer Document and any other relevant documents to certify its decision to approve the road closure application and enable the completion of the matter.

5. The Land/Lease Register and financial records, be updated.

1 Notice of Motion submitted by Councillor Molluso and File Number: 09/00227 2: That:

1. The Office of Local Government be informed of Councillor Molluso’s Notice of Motion and take the appropriate action regarding his request, including providing any appropriate information Councillor Molluso is requesting.

2. Any Councillor requesting any existing or additional information regarding this matter, contact personally the organisations that have already investigated the matter including the Office of Local Government.

3. Should any Councillor have any additional information, that it be reported to the appropriate authorities for investigation.

4. Council’s Code of Meeting Practice be amended to permit the tabling of Notices of Motion only when the motion contains signatures of at least a quarter of the members elected to Council at the last Ordinary Council election.

5. At the request of Councillor Saliba, it be recorded that Councillor Saliba never accused anyone of hacking his email account and that the Notice of Motion is incorrect.

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Matter of Urgency

That:

1. Council retains full confidence in the City Manager and Council staff.

2. The matter be referred to the Office of Local Government informing them of the inappropriate remarks by Councillor Molluso and stating that they are isolated remarks by one Councillor.

PROCEDURAL MOTION: (Khoshaba/Karajcic)

That in accordance with Section 11(3) of the Local Government Act 1993, Council resolves that the report relating to Item 36 of the Services Committee, Items 1 and 2 of the Notices of Motion and Matter of Urgency, that were considered during the Closed Session of Council be treated as confidential and remain confidential unless otherwise determined by Council.

CARRIED UNANIMOUSLY

CLOSURE

There being no further business, the meeting concluded at 9.33pm.

______Chairman

CONFIRMATION

These minutes were confirmed as a correct record of the proceedings at a meeting held on 22 March 2016.

______Chairman

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