MINUTES OF THE Ordinary Meeting
HELD ON 28 May 2014
PRESENT:
Mayor Ned Mannoun
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Harle
Councillor Karnib
Councillor Mamone
Councillor Shelton
Councillor Stanley
Councillor Waller
Mr Rob Noble, Acting Chief Executive Officer
Ms Julie Hately, Executive Director
Ms Toni Averay, Acting Executive Director
Mr Mathew Walker, Group Manager Business Excellence
Ms Kiersten Fishburn, Group Manager Community and Culture
Mr Gino Belsito, Group Manager City Presentation
Ms Nadia Napoletano, Group Manager Governance
Mr Michael Cullen, Group Manager Economy and Engagement
Mr Raj Autar, Group Manager Infrastructure and Environment
Ms Carole Todd, Acting Group Manager Planning and Growth
The meeting commenced at 6.00PM
OPENING 6.00PM
PRAYER The prayer of the Council will be read by Pastor Steve Riethmuller from Cartwright Gospel Chapel.
Motion: Moved: Clr Hadchiti Seconded: Clr Karnib
On being put to the meeting the motion was declared CARRIED.
CONDOLENCES Nil
Declarations of Interest
Clr Waller declared a non pecuniary, less than significant interest in the following Item:
Item GMEE 03: Donations, Grants and Sponsorship
Reason: She is a member of the Meals on Wheels Board which is a not for profit non-government organisation. She did not participate in the submission to council.
Clr Waller will not leave the Chambers for the duration of this Item.
Clr Hadchiti declared a non pecuniary, less than significant interest in the following Item:
Item GMPG 03: DA-834/2008 – S96 Modification at 65-69 Castlereagh Street Liverpool
Reason: Clr Hadchiti has used the aservices of the applicant (Ron Dunkley and Associates) in the past with full commercial rates paid, and he also has a personal relationship with the Prestia family who are owners of the property.
Clr Hadchiti will leave the Chambers for the duration of this Item.
(Presentation – Items not on agenda)
1. Mr John Lupton addressed Council on the following matter:
Share Care Organisation
(Representation – Items on agenda)
1. Mr Patrick McKone (Chairperson of the Midnight Basketball Liverpool Committee) addressed Council on the following Item:
Item – GMEE 01 Midnight Basketball Program.
During this presentation to Council, Mr McKone and three participants of the basketball program presented a basketball and framed basketball shirt to Council in appreciation of support given to the program.
2. Mr Brad McAndrew (on behalf of Hydrox Nominees Pty Ltd) addressed Council on the following Item:
Item – GMPG 05 – Voluntary Planning Agreement Between Liverpool City Council and Hydrox Nominees Pty Ltd.
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SUBJECT: Serbian Flood Fund Raising Appeal |
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The recent severe floods in Serbia have been devastating with their effect. States of emergency have been declared in parts of Serbia after the heaviest rain and worst floods since records began 120 years ago.
Overflowing rivers have burst into towns and villages, cutting off whole communities, while landslides have buried houses. At least 40 people have died in the after flooding caused by unprecedented torrential rain, with thousands more displaced. There are also concerns over the possibility of disease being spread by thousands of carcasses of dead animals which are starting to rot in rising temperatures. The Serbian community of Liverpool is seeking support to help cater for humanitarian needs of the severely affected population, including the provision of safe drinking water. This Sunday 1 June, The Serbian Community is holding a Serbian Flood Fund Raising Appeal at the Serbian Cultural Club at Middleton Grange. I propose that Council demonstrate compassion, solidarity and support with our Serbian community by supporting the fundraising appeal. |
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That Council:
1. On behalf of the citizens of Liverpool expresses sympathy and solidarity with our Serbian community at this time of natural disaster in Serbia.
2. Donates $5,000 to the Serbian Flood Fundraising Appeal and authorises the Mayor or his representative to formally present the donation at the fundraising function on Sunday 1 June 2014. Such funds to be sourced from the Councillor Reserve. On being put to the meeting the motion was declared CARRIED.
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FILE NO: 110061.2014
SUBJECT: Establishing an additional Sister City
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NOTICE OF MOTION
That Council:
1. Investigate the possibility of establishing a Sister City relationship with Hangzhou China.
2. Endorse Clr Balloot’s self-funded attendance at the APEC SMETC to promote Liverpool in that forum.
3. Provide marketing merchandise to hand out at the conference.
4. Considers reimbursement of: a. freight charges for the promotional materials from Australia and back if required, b. internal flights between Jiangxi to Beijing and Beijing to Hangzhou, c. accommodation between those cities.
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Motion: Moved: Clr Balloot Seconded:Clr Karnib
That Council:
1. Receive a report on the current nature and status of sister city relationships with Liverpool.
2. Investigate the possibility of establishing a Sister City relationship with Hangzhou, China or another city in China.
3. Endorse Councillor Balloot’s self-funded attendance at the APEC SMET to promote Liverpool in that forum.
4. Provide marketing merchandise about Liverpool for distribution at the conference.
5. Reimburse Councillor Balloot reasonable expenses for the freight costs for the Liverpool marketing merchandise.
On being put to the meeting the motion was declared CARRIED.
Amendment Moved: Clr Stanley Seconded: Clr Shelton
That Council:
1. Investigate the possibility of establishing a Sister City relationship with a City in China.
2. Report to Council by the September Council meeting on the financial impacts of such a relationship.
3. Provide a report by the September Council meeting on all current and previous Sister City relationships. On being put to the meeting the Amendment (from Clrs Stanley and Shelton) was declared LOST.
On being put to the meeting the motion (from Clrs Balloot and Karnib) was then voted on and was declared CARRIED.
Division called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Karnib Clr Mamone
Vote against: Clr Harle Clr Shelton Clr Stanley Clr Waller
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FILE NO: 111429.2014
SUBJECT: Changes to Racial Discrimination Act (18C)
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NOTICE OF MOTION
That Council:
1. Understands the fundamental importance of section 18C of the Racial Discrimination Act 1975 to our community.
2. Recognises that section 18C provides protection to individuals from offensive behaviour because of race, colour, national or ethnic origin.
3. Writes to all local members of State and Federal Parliament detailing the Council's motion and seeking their support when they are considering changes to the Racial Discrimination Act.
4. Writes to the Federal Attorney General requesting he withdraw the Draft Exposure Amendment to the Racial Discrimination Act and detailing the motion passed by Council.
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Motion: Moved: Clr Stanley Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 03
FILE NO: 111453.2014
SUBJECT: Fire Safety Certifications / Inspections
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NOTICE OF MOTION
That Council pursuant to s.10A(2)(g) of the Local Government Act, 1993 moves into closed session to consider the notice of motion forwarded in the confidential papers.
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Motion: Moved: Clr Shelton Seconded: Clr Waller
That this matter be dealt with at the end of this meeting in Closed Session pursuant to s.10A(2)(g) of the Local Government Act 1993.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 092665.2014
SUBJECT: DA 1112/2013 - Alterations and fitout of Shop 7 at 42-48 Epsom Road, Chipping Norton
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RECOMMENDATION
That Council:
1. Approves Development Application No. DA-1112/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by IHAP as follows:
Prior to the issue of any Construction Certificate 2A. Prior to the issue of any Construction Certificate, the existing rubbish bins are to be fitted with a lid that is permanently attached or similar.
Use of the site 25A. The outdoor dining tables approved for the exterior of the restaurant must be located adjacent to the bollards and awning supports, leaving a clear passage against the shopfront.
2. Notify in writing, the persons who made a submission with regard to the proposed development.
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Motion: Moved: Clr Hadid Seconded: Clr Mamone
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. |
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FILE NO: 093382.2014
SUBJECT: DA 712/2013 - Demolition and construction of a residential flat building of 58 residential units at 36-40 Speed St, Liverpool
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RECOMMENDATION
That Council:
1. Approves Development Application No. DA-712/2013, subject to the recommended conditions contained within attachment 4 (under separate cover).
2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.
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Motion: Moved: Clr Hadid Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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FILE NO: 095895.2014
SUBJECT: DA-977/2013 Expansion of restaurant and outdoor dining at Shop 13, 172 Green Valley Way, Green Valley
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RECOMMENDATION
That Council:
1. Approves Development Application No. DA-977/2013 to formalise the expansion of the existing approved restaurant operating from Shop 13, into the adjoining premises; minor shopfront alterations; and provision of an outdoor dining area on Council owned footpath, to be operated in conjunction with the existing restaurant, subject to the amended conditions of consent as contained within attachment 3.
2. Notifies the persons who made a submission with regard to the proposed development, in writing, of Council’s decision.
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Motion: Moved: Clr Hadid Seconded: Clr Mamone
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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Chief Executive Officer Report
FILE NO: 100300.2014
SUBJECT: Key Site Master Planning Committee Charter
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RECOMMENDATION
That Council:
1. Receives and notes the report.
2. Adopts the draft charter attached to this report.
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Motion: Moved: Clr Hadid Seconded: Clr Mamone
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 109234.2014
SUBJECT: March 2014 Performance Report
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RECOMMENDATION
That Council:
1. Receives and notes the March 2014 Performance Report which outlines the progress of all principal activities contained in the Delivery Program 2013-17 from January to March 2014.
2. Allows the Acting Chief Executive Officer to make a presentation on progress made in the January to March 2013 period with a copy of the presentation forming part of the minutes of the meeting.
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Motion: Moved: Clr Waller Seconded: Clr Hadid
That Council:
1. Receives and notes the March 2014 Performance Report which outlines the progress of all principal activities contained in the Delivery Program 2013-17 from January to March 2014.
2. The presentation on progress made in the January to March 2014 period to form part of the minutes of the meeting.
3. The presentation to be provided to Councillors in hard copy.
On being put to the meeting the motion was declared CARRIED.
Note, The presentation referred to in points 2 and 3 of the resolution can be found on pages 14 To 22. |
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FILE NO: 101224.2014
SUBJECT: Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce
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RECOMMENDATION
That Council:
1. Establish the Badgerys Creek Airport Taskforce to be chaired by the Mayor with membership as detailed in this report.
2. Appoint three Councillors as Taskforce members.
3. Endorse the creation of the Airport Coordination Working Group as detailed in this report.
4. Amalgamate the Economic Development and Tourism and Events Committees and schedule Taskforce Committee meetings on the same day.
5. Endorse the recruitment of a Project Officer to support the Taskforce as funded in the 2014/15 budget.
6. Adopt the draft Badgerys Creek Airport Taskforce Charter as attached to this report.
7. Note the information contained in this report regarding the Taskforce role and priorities.
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Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
1. Establish the Badgerys Creek Airport Taskforce to be chaired by the Mayor with membership as detailed in this report.
2. Appoint the Mayor and Councillors Hadchiti, Mamone and Waller (and Clr Karnib as an alternate) as Taskforce members and update the Badgerys Creek Taskforce Draft Charter.
3. Endorse the creation of the Airport Coordination Working Group as detailed in this report.
4. Amalgamate the Economic Development and Tourism and Events Committees and schedule Taskforce Committee meetings on the same day.
5. Endorse the recruitment of a Project Officer to support the Taskforce as funded in the 2014/15 budget.
6. Adopt the draft Badgerys Creek Airport Taskforce Charter as attached to this report subject to the following change of the last sentence of Clause 12, so that the last sentence in clause 12 to now read:
“Taskforce meetings can only be held if five (5) ordinary days notice has been given to all members and Councillors.”
7. Note the information contained in this report regarding the Taskforce role and priorities.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 078406.2014
SUBJECT: March 2014 Budget Review
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RECOMMENDATION
That Council:
1. Receives and notes the report.
2. Votes the identified budget variations in accordance with this report.
3. Consider and approve following recommended initiatives to commit the surplus funds:
· Transfer $125k to the Plant Reserve · Allocate $250k to engage a Fire Inspection Consultant · Transfer $166k to the Council Reserve
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Motion: Moved: Mayor Mannoun Seconded: Clr Waller
That Council:
1. Receives and notes the report.
2. Votes the identified budget variations in accordance with this report.
3. Consider and approve following recommended initiatives to commit the surplus funds:
· Transfer $125k to the Plant Reserve · Transfer $250k to engage a Fire Inspection Consultant · Allocate $100k to CPAC · Transfer $66k to the Council Reserve On being put to the meeting the motion was declared CARRIED.
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FILE NO: 098159.2014
SUBJECT: 2008/2009 Refinancing Existing Loan
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RECOMMENDATION
That Council note the refinancing requirement for this loan and authorise the Acting Chief Executive Officer to accept the best quote offered and execute the loan agreement.
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Motion: Moved: Clr Stanley Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 098246.2014
SUBJECT: Statutory Investment Report April 2014
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RECOMMENDATION
That Council receives and notes this report.
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Motion: Moved: Clr Shelton Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the
motion was declared CARRIED.
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FILE NO: 080228.2014
SUBJECT: Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill
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RECOMMENDATION That Council: 1. Accept the Expression of Interest received and place on a shortlist of applicants. 2. Revisit the provision of a shortlist of applicants when the building is completed to reflect potential future market interest. 3. Makes public its decision regarding tender EOI 2333 Management of Leisure Centre – Carnes Hill. 4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority. 5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
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Motion: Moved: Clr Stanley Seconded: Clr Karnib
That this matter be dealt with at the end of this meeting in Closed Session pursuant to s.10A(2)(g) of the Local Government Act 1993
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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ITEM NO: GMCC 02
FILE NO: 098067.2014
SUBJECT: Liverpool City Council Sporting Grants Program 2013/2014
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RECOMMENDATION
That Council:
1. Adopts the recommendations for Sporting Grants, as determined by the Liverpool Sports Committee grants assessment panel:
2. Due to the absence of applications in the “disability” category, allocate the grant funding which is specifically for people with a disability, to applicants who were identified as next eligible for funding:
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Motion: Moved: Clr Stanley Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 101555.2014
SUBJECT: Adoption of the Customer Service and Communication Policy
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RECOMMENDATION
That Council:
1. Adopts the revised Customer Service and Communication Policy.
2. Continues to carry out customer service training for all staff incorporating the Customer Service and Communication Policy.
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Motion: Moved: Clr Hadid Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 095785.2014
SUBJECT: Midnight Basketball Program
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RECOMMENDATION
That Council:
1. Receives and notes this report.
2. Notes that an additional $19,597.56 from salary savings over 2014-15 and 2015-16 financial years will be allocated to cover the staff time associated with the delivery of the Liverpool Midnight Basketball Program.
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Motion: Moved: Clr Hadid Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 097693.2014
SUBJECT: Donations Policy
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RECOMMENDATION
That Council adopts The Donations and Community Grants Policy.
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Motion: Moved: Clr Waller Seconded: Clr Stanley
Council adopts the Donations and Community Grants policy that was put to Council in February 2014.
Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Mayor Mannoun
That this item be deferred and review the funding available to the Community Grants program and the Youth Council.
On being put to the meeting the motion (from Clrs Waller and Stanley) was declared CARRIED.
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FILE NO: 099457.2014
SUBJECT: Donations, Grants and Sponsorship
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RECOMMENDATION
That Council:
1. Endorses the Financial Contribution Panel's recommendations for
the provision of $3,800 under the Sporting Donations Program as summarised in
the table below:
2. Endorses the Financial Contribution Panel's recommendations for the provision of $22,140.35 under the Community Grants Program as summarised in the table below:
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Motion: Moved: Clr Stanley Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 062389.2014
SUBJECT: Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool
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RECOMMENDATION
That Council adopts the Conservation Management Plan for the Soldiers’ Memorial School of Arts building.
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Motion: Moved: Mayor Mannoun Seconded: Clr Stanley
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 102706.2014
SUBJECT: Budget Request for Consultancy Services re Fire Certification Work
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RECOMMENDATION
That Council:
1. Adopts the recommendations as detailed in the confidential report.
2. Keeps confidential the report pursuant to the provisions of S10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed confer a confidential advantage on a person with whom Council is conducting (or proposed to conduct) business.
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Motion: Moved: Clr Stanley Seconded: Clr Karnib
That this matter be dealt with at the end of this meeting in Closed Session pursuant to s.10A(2)(c) of the Local Government Act 1993
On being put to the meeting the motion was declared CARRIED.
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Infrastructure and Environment Report
FILE NO: 088506.2014
SUBJECT: Warren Serviceway Car Park Fees and Charges
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RECOMMENDATION
That Council:
1. Amends the fees and charges for the Warren Serviceway, Bathurst Street and Northumberland Street Car parks to include a corporate rate for companies operating in the Liverpool City Centre. The corporate rate will be determined through negotiation with these companies for permanent parking.
2. Delegates the Group Manager Infrastructure and Environment to negotiate and set the parking fees and charges in consultation with the Group Manager Governance and subject to approval of Chief Executive Officer.
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Motion: Moved: Clr Stanley Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: GMIE 02
FILE NO: 100461.2014
SUBJECT: WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road
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RECOMMENDATION
That Council:
1. Adopts the recommendation put forward in the confidential report provided under separate cover.
2. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
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Motion: Moved: Clr Waller Seconded: Clr Stanley
That Council:
1. Accepts the Tender from Marsupial Landscape Management Pty Ltd for Tender WT2332 – Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road for the price of $622,263 plus GST.
2. Makes public its decision regarding tender WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road.
3. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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FILE NO: 070580.2014
SUBJECT: Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B
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RECOMMENDATION
That Council resolves to adopt Amendment No 43 as amended and refer to NSW Planning & Environment for the plan to be gazette (notified).
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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Clr Hadchiti left the Chambers at 7.01pm.
Clr Mamone left the Chambers at 7.03pm.
ITEM NO: GMPG 02
FILE NO: 077268.2014
SUBJECT: DA-834/2008 - S96 Modification at 65-69 Castlereagh Street, Liverpool
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RECOMMENDATION
That Council approves modification to Development Consent DA-834/2008 and amends the development consent in the following way:
Condition No. 1 is amended to read as follows:
1. Development must be carried out in accordance with Development Application received on 13 February 2008 and as modified in application DA-834/2008/A, DA-834/2008/B and DA-834/2008/C as follows:
(a) Architectural plans prepared by Ron C Dunkley Architects and Associates, and Simon Chan + Associates Pty Limited as follows:
· Basement 2 Plan Drawing No. A1, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Basement 1 Plan Drawing No. A2, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Roof Plan Drawing No. A12, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · East Elevation Drawing No. GA14, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · West Elevation Drawing No. GA15, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · North Elevation Drawing No. A15, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · Northern Elevation at Northern Boundary Drawing No. GA18, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · Southern Elevation Drawing No. GA16, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Section A-A Drawing No. A17, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013
· Ground Floor Plan Drawing No. GA4, Project No 1120 as amended in modification application DA-834/2008/C made on 11 November 2013 · Level 1 Floor Plan Drawing No. A4, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 2 Floor Plan Drawing No. A5, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 3 Floor Plan Drawing No. A6, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 4 Floor Plan Drawing No. A7, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 5 Floor Plan Drawing No. A8, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 6 Floor Plan Drawing No. A9, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 7 Floor Plan Drawing No. A10, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 · Level 8 Floor Plan Drawing No. A11, Project No 1120 as amended in modification application DA-834/2008/A made on 28 March 2013 (b) Concept Stormwater Management layout and Sediment and Erosion Control Layout as amended, prepared by AWL design, Drawing No. SW8007-S1 Issue B and dated 28 March 2008
(c) Landscape Plan prepared by Precinct Landscapes Drawing No. 1512A-3 and dated 25 June 2008
(d) Acoustic Assessment prepared by Wilkinson Murray Pty Limited, Report No. 08050 Version A and dated February 2008
(e) Schedule of External Finishes and Colours
(f) BASIX Certificate Number 178352M and dated 25 January 2008
(g) Waste Management Plan prepared by Ron C Dunkley and Associates P/L and dated 6 February 2008
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Councillors Hadchiti and Mamone were absent from the chambers when this motion was voted on.
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FILE NO: 080448.2014
SUBJECT: Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls.
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RECOMMENDATION
That Council:
1. Adopts LLEP 2008 Amendment No. 36 and refer it to NSW Planning & Environment for the plan to be gazetted on the NSW Government legislation website.
2. Adopts the draft DCP 2008 amendments to come into effect upon publication of a notice in the local paper.
3. Resolves to write to the Cemetery Reform Group outlining issues and concerns surrounding cemeteries and crematoria land use permissibility in rural areas within the Liverpool LGA.
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Motion: Moved: Clr Waller Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Clr Mamone was absent from the Chambers when this motion was voted on.
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Deputy Mayor Hadid left the Chambers at 7.08pm.
Clr Mamone returned to the Chambers at 7.09pm.
ITEM NO: GMPG 04
FILE NO: 097018.2014
SUBJECT: DA-903/2012 - S96 Modification to residential flat building. Lot 102 - DP 1102856, 3 George Street, Warwick Farm
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RECOMMENDATION
That Council approves Modification Application DA-903/2012/A involving minor internal layout amendments and amends Condition No.1 of Development Consent DA-903/2012, as outlined within attachment 1.
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Motion: Moved: Clr Stanley Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Deputy Mayor Hadid was absent from the Chambers when this motion was voted on.
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FILE NO: 097995.2014
SUBJECT: Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd
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RECOMMENDATION
That Council:
1. Publicly exhibit the Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Limited for a minimum of 28 days.
2. Delegates to the Chief Executive Officer (or Acting), subject to considerations of any changes following public exhibition, to enter into and execute the Planning Agreement in the form that is publicly exhibited or with minor alterations.
3. Notes that if changes (other than typographical or grammatical corrections) arise from the public exhibition process that these will be reported back to Council.
4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.
5. Create a Financial Reserve called the Georges River Flood Mitigation Reserve to hold funds collected from Hydrox Nominees Pty Ltd toward the future use for Flood Mitigation works within the Georges River catchment.
6. Receive a future report noting the aims and possible benefits of the Georges River Flood Study to be prepared by Council’s Group Manager Infrastructure and Environment.
7. If executed, place the $550,000 provided through this Planning Agreement in the Georges River Flood Mitigation Reserve.
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Motion: Moved: Clr Waller Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Deputy Mayor Hadid was absent from the Chambers when this motion was voted on. |
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FILE NO: 047872.2014
SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014
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RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014.
2. Supports funding of up to $3,000 being provided by Council for the attendance by two committee members at the Local Government Aboriginal Network conference in Narranderra on 10-12 September 2014
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 085405.2014
SUBJECT: Minutes of the Liverpool Access Committee 10 April 2014
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RECOMMENDATION
That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 10 April 2014.
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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49
FILE NO: 093449.2014
SUBJECT: Minutes of Liverpool Youth Council meeting held on 1 April 2014
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RECOMMENDATION
That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 1 April 2014.
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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49
Deputy Mayor Hadid returned to the Chambers at 7.12pm.
Clr Mamone retired from the Chambers at 7.14pm.
ITEM NO: CTTE 04
FILE NO: 098555.2014
SUBJECT: No Intermodal Committee Meeting Minutes of 6 May 2014
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RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.
2. Allocates $25,000 from the Intermodal Fighting Fund to undertake the post card campaign.
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Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.
2. Allocates $25,000 from the Intermodal Fighting Fund to further undertake an awareness campaign.
3. Officers to report back to Council on approaching the Intermodal company for compensation for potential problems the Intermodal may cause for the community.
Foreshadowed Motion: Moved: Clr Waller Seconded: Clr Stanley
That Council:
1. Receives and notes the Minutes of the No Intermodal Committee Meeting held on 6 May 2014.
2. Officers to report back to Council on approaching the Intermodal company for compensation for potential problems the Intermodal may cause for the community.
On being put to the meeting the motion (from Clrs Hadchiti and Hadid) was declared CARRIED.
Division called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Stanley
Vote against: Clr Karnib Clr Shelton Clr Waller |
ITEM NO: CTTE 05
FILE NO: 099783.2014
SUBJECT: Minutes of Tourism and Events Committee meeting held 7 May 2014
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RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Tourism and Events Committee Meeting held on 7 May 2014.
2. Notes the New Year’s Eve costings to extend the event to midnight and the report on the New Year’s Eve event.
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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51
FILE NO: 099824.2014
SUBJECT: Minutes of Economic Development Committee meeting held 7 May 2014
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RECOMMENDATION
That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 7 May 2014.
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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53
FILE NO: 099827.2014
SUBJECT: Minutes of Building Our New City Committee meeting held 7 May 2014
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RECOMMENDATION
That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 7 May 2014.
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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53
FILE NO: 108991.2014
SUBJECT: Minutes of the Budget and Finance Committee
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RECOMMENDATION
That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 7 May 2014.
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Motion: Moved: Clr Stanley Seconded: Clr Waller
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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55
FILE NO: 076528.2014
SUBJECT: Incoming and Outgoing Correspondence Report
55
FILE NO: 105358.2014
SUBJECT: Question with Notice - Clr Shelton
57
FILE NO: 105256.2014
SUBJECT: Question with Notice - Clr Stanley
59
Mayor Mannoun left the Chambers at 7.28pm.
Deputy Mayor Hadid took the chair.
Mayor Mannoun returned to the Chambers at 7.30pm.
ITEM NO: QWN 03
FILE NO: 111418.2014
SUBJECT: Question with Notice - Clr Harle
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Please address the following:
1. Can Council provide the status of steps implemented to prevent Public Address Systems being used in the Chipping Norton Recreational Area since the matter was previously debated in Council?
2. Have prominent signs indicating that “PA system are not allowed in the park” been installed as was promised when the matter was raised previously?
3. Is Council aware that Black Muscat Park is again regularly used by large groups that produce extremely loud music, particularly “Middle Eastern Music” which continues to be a major problem despite Councils’ preventative efforts?
4. The matter was again reported on the 18th of May. Previously Rangers were to attend the Park area early on Saturday and Sunday mornings to prevent groups setting up PA systems, has this practice been discontinued?
5. Have Rangers asked Police for assistance when complaints have been received from nearby residents and if so, what was the response?
6. Several incident have been reported to me of noise affected residents being harassed and intimidated by large groups of 1000 or more Black Muscat Park users. Those incidents occurred when residents opposite the park asked operators to reduce the sound level or questioned if they had permission from Liverpool Council to use the area. Has Council issued permits over the last six months allowing any groups to use the park area, including permission to operate PA systems?
7. Is Council aware that members of these groups use wood gathered from bush areas within the park to fuel open fires and barbeques rather than use those supplied by Council?
8. Is Council aware that those open fires often result in covering large areas of the park with dense smoke that detrimentally affects all park users as well as residents in the adjoining areas? Often to the extent that residents are forced to close all windows and doors to avoid the smoke that lingers for several hours after park users have left the area.
9. In relation to toilet amenities for the Chipping Norton Recreational areas; does the system cope when groups of several thousand visitors use these facilities and what is Councils liability if problems occur?
10. Can I be provided with the approximate costs associated for two Rangers to patrol the area on Saturdays, Sundays and public Holidays from 10:00 am to 3:00pm?
Motion: Moved: Clr Stanley Seconded: Clr Harle
1. That the responses to the questions in Item QWN 03 be brought back to Council in a Council report.
2. That the report to include the cost of having two Rangers on that site on weekends and public holidays.
On being put to the meeting the motion was declared CARRIED.
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That Council move into Closed Session:
1. To consider confidential reports and information tabled at the meeting.
2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:
2.1. s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
2.2. s10(A)(2)(di) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
2.3. s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
3. That the correspondence and reports relevant to the subject business be withheld from access to the media and public as required by Section 11(2) of the Local Government Act 1993.
On being put to the meeting the motion was declared CARRIED.
Council moved into Closed Session at 7.34pm. The public and the media left the Chambers.
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Mayor Mannoun left the Chambers at 7.56pm.
Deputy Mayor hadid took the Chair.
Clr Hadchiti left the Chambers at 7.56pm.
Clr Hadchiti returned to the Chambers at 7.57pm
Mayor Mannoun returned to the Chambers at 8.00pm.
Clr Balloot left the Chambers at 8.13pm.
Clr Balloot returned to the Chambers at 8.15pm.
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NOM 03 |
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FILE NO: |
111453.2014 |
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SUBJECT: |
Fire Safety Certifications / Inspections |
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NOTICE OF MOTION That Council forthwith notifies in writing all building owners and occupiers affected by the issue by Council and its agents of potentially inaccurate fire safety certifications (and like instruments).
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Motion: Moved: Clr Shelton Seconded: Clr Waller
1. That Council forthwith notifies in writing all building owners and occupiers affected by the issue by Council and its agents of potentially inaccurate fire safety certifications (and like instruments).
2. A report be brought back to the next Council meeting if possible, prepared by an independent auditor, addressing the approach that had been taken since becoming aware of the issue, and the approach to now be taken to address the process and actions required. This is be reported back to Council directly as a matter of priority.
3. That Council waives the requirement to tender for services due to the “extenuating circumstances” of the matter in accordance with s55(3)K of the Local Government Act 1993.
4. That the following comments made at this meeting from Councillors Stanley and Waller be noted in the minutes:
When Councillors Stanley and Waller had been informed of the issue in 2010, they were assured that the issue had been addressed and would be addressed. They expressed their dissatisfaction that this was not correct and requested that their comments be noted in the Minutes.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Clr Mamone had retired from the meeting when this motion was voted on. |
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GMCC 01 |
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FILE NO: |
080228.2014 |
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SUBJECT: |
Expression of Interest EOI2333 management of Leisure Centre - Carnes Hill |
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RECOMMENDATION That Council:
1. Accept the Expression of Interest received and place on a shortlist of applicants.
2. Revisit the provision of a shortlist of applicants when the building is completed to reflect potential future market interest.
3. Makes public its decision regarding tender EOI 2333 Management of Leisure Centre – Carnes Hill.
4. Notes that the Executive Director will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. |
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Motion: Moved: Clr Stanley Seconded: Clr Waller
1. Rejects the Expression of Interest 2333.
2. Calls for tenders for the management of the Leisure Centre at Carnes Hill at such time as the facility is constructed and closer to the opening.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
Clr Mamone had retired from the meeting when this motion was voted on. |
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GMGO 02 |
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FILE NO: |
102706.2014 |
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SUBJECT: |
Budget Request for Consultancy Services re Fire Certification Work |
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RECOMMENDATION That Council:
1. Adopts the recommendations as detailed in the confidential report.
2. Keeps confidential the report pursuant to the provisions of S10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed confer a confidential advantage on a person with whom Council is conducting (or proposed to conduct) business. |
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Motion: Moved: Clr Stanley Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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That Council move out of Closed Session and into Open Council.
On being put to the meeting the motion was declared CARRIED.
Open Council resumed at 8.23pm.
The resolutions relating to the follwing Items while the meeting was closed to the public was read to the meeting by the Mayor:
ITEM NO: NOM 03 SUBJECT: Fire Safety Certifications / Inspections
ITEM NO: GMCC 01 SUBJECT: Expression of Interest EOI2333 management of Leisure Centre – Carnes Hill
ITEM NO: GMGO 02 SUBJECT: Budget Request for Consultancy Services re Fire Certification Work. |
THE MEETING CLOSED AT 8.26PM.
<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 25 June 2014
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 28 May 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.