Agenda of Ordinary Meeting

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.

APOLOGIES Clr Ristevski

Motion: Moved: Clr Hadchiti Seconded: Clr Karnib

On being put to the meeting the motion was declared CARRIED.

CONDOLENCES Nil

Confirmation of Minutes

That the minutes of the Ordinary Meeting held on 30 April 2014 and the Extraordinary Meeting held on 7 May 2014 be confirmed as a true record of that meeting.

Motion: Moved:Clr Hadid Seconded: Clr Mamone

On being put to the meeting the motion was declared CARRIED.

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.

Public Forum

(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.

Mayoral Minute

SUBJECT: Serbian Flood Fund Raising Appeal

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.

Motion: Moved: Mayor Mannoun

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.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 110061.2014

SUBJECT: Establishing an additional Sister City

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.

COUNCIL DECISION

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

ITEM NO: NOM 02

FILE NO: 111429.2014

SUBJECT: Changes to Racial Discrimination Act (18C)

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.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadchiti

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: NOM 03

FILE NO: 111453.2014

SUBJECT: Fire Safety Certifications / Inspections

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.

COUNCIL DECISION

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.

Independent Hearing and Assessment Panel Report

ITEM NO: IHAP 01

FILE NO: 092665.2014

SUBJECT: DA 1112/2013 - Alterations and fitout of Shop 7 at 42-48 Epsom Road, Chipping Norton

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.

COUNCIL DECISION

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.

ITEM NO: IHAP 02

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

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.

COUNCIL DECISION

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.

ITEM NO: IHAP 03

FILE NO: 095895.2014

SUBJECT: DA-977/2013 Expansion of restaurant and outdoor dining at Shop 13, 172 Green Valley Way, Green Valley

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.

COUNCIL DECISION

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.

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 100300.2014

SUBJECT: Key Site Master Planning Committee Charter

RECOMMENDATION

That Council:

1. Receives and notes the report.

2. Adopts the draft charter attached to this report.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Mamone

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CEO 02

FILE NO: 109234.2014

SUBJECT: March 2014 Performance Report

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.

COUNCIL DECISION

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.

Executive Director Report

ITEM NO: ED 01

FILE NO: 101224.2014

SUBJECT: Establishment of Liverpool Airport Coordination Group and Liverpool Airport Taskforce

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.

COUNCIL DECISION

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.

Business Excellence Report

ITEM NO: GMBE 01

FILE NO: 078406.2014

SUBJECT: March 2014 Budget Review

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

COUNCIL DECISION

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.

ITEM NO: GMBE 02

FILE NO: 098159.2014

SUBJECT: 2008/2009 Refinancing Existing Loan

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.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: GMBE 03

FILE NO: 098246.2014

SUBJECT: Statutory Investment Report April 2014

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Community and Culture Report

ITEM NO: GMCC 01

FILE NO: 080228.2014

SUBJECT: Expression of Interest EOI2333 Management of Leisure Centre - Carnes Hill

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.

COUNCIL DECISION

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.

ITEM NO: GMCC 02

FILE NO: 098067.2014

SUBJECT: Liverpool City Council Sporting Grants Program 2013/2014

RECOMMENDATION

That Council:

1. Adopts the recommendations for Sporting Grants, as determined by the Liverpool Sports Committee grants assessment panel:

Sporting Organisation	Amount
Chipping Norton Baseball Club	$2,929.00
Australian Barefoot Water Ski Club	$317.00
Bringelly Netball Club	$5,000.00
South West Tigers Junior AFL Club	$1,414.00
Moorebank Sports Netball Club	$3,618.00
Moorebank Liverpool District Hockey Club	$1,290.00
Prestons Robins Little Athletics	$2,500.00
Southern Districts Soccer Football Association	$5,000.00
Southern Districts Softball Association	$2,932.00
Total	$25,000.00

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:

Sporting Organisation

Amount

Liverpool PSSA

$5,000.00

Total

$5,000.00

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: GMCC 03

FILE NO: 101555.2014

SUBJECT: Adoption of the Customer Service and Communication Policy

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.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Economy and Engagement Report

ITEM NO: GMEE 01

FILE NO: 095785.2014

SUBJECT: Midnight Basketball Program

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.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: GMEE 02

FILE NO: 097693.2014

SUBJECT: Donations Policy

RECOMMENDATION

That Council adopts The Donations and Community Grants Policy.

COUNCIL DECISION

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.

ITEM NO: GMEE 03

FILE NO: 099457.2014

SUBJECT: Donations, Grants and Sponsorship

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:

Applicant Name	Amount
Jasmine Pritchard	$200
Cameron Parsons	$200
Keifer Dotti	$500
Jacob Dowson	$200
Jonas Dowson	$200
Maddison Blackman	$100
Gaurav Sami	$100
Shaneel Sami	$100
Ian Thomas McFarlane	$500
Elyse Nicole Ryan	$500
Hayley Rotondo	$100
Shannon Brown	$100
Jayden Lach	$500
Jake Holmes	$100
Kaushal Kumar	$100
Jessica Cutner	$300

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:

Applicant Name	Project Name	Amount
Karitane	Harmony At Home	$2,500
Karitane	Engaging Vulnerable Families	$4,723
The Probus Club of Liverpool City Inc.	Liverpool City Probus	$4,127.85
City of Liverpool Meals on Wheels	Christmas Hamper Project for Meals on Wheels clients	$3,500
Liverpool U3A – School for Seniors Inc.	Purchase of new lounges	$1,252
Liverpool Neighbourhood Connections	Pre-Loved Clothing Store	$935
Miller Art & Fact Inc	2168 Youth Music Project: Developing Local Talent	$4,825.50
Treehouse Theatre Inc.	The Tree of Life Project	$5,000

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Governance Report

ITEM NO: GMGO 01

FILE NO: 062389.2014

SUBJECT: Draft Conservation Management Plan for the Soldiers' Memorial School of Arts building, 306 Macquarie Street, Liverpool

RECOMMENDATION

That Council adopts the Conservation Management Plan for the Soldiers’ Memorial School of Arts building.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: GMGO 02

FILE NO: 102706.2014

SUBJECT: Budget Request for Consultancy Services re Fire Certification Work

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.

COUNCIL DECISION

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.

Infrastructure and Environment Report

ITEM NO: GMIE 01

FILE NO: 088506.2014

SUBJECT: Warren Serviceway Car Park Fees and Charges

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.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: GMIE 02

FILE NO: 100461.2014

SUBJECT: WT2332 - Landscaping on Bernera Road, Prestons between Camden Valley Way and Kurrajong Road

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.

COUNCIL DECISION

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.

Planning and Growth Report

ITEM NO: GMPG 01

FILE NO: 070580.2014

SUBJECT: Post Exhibition Report of draft Amendment No 43 to LLEP 2008- Clause 4.2B

RECOMMENDATION

That Council resolves to adopt Amendment No 43 as amended and refer to NSW Planning & Environment for the plan to be gazette (notified).

COUNCIL DECISION

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.

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

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

(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

COUNCIL DECISION

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.

ITEM NO: GMPG 03

FILE NO: 080448.2014

SUBJECT: Post Exhibition LLEP Amendment No. 36 - Cemeteries & Crematoria and draft DCP controls.

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.

COUNCIL DECISION

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.

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

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.

COUNCIL DECISION

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.

ITEM NO: GMPG 05

FILE NO: 097995.2014

SUBJECT: Voluntary Planning Agreement between Liverpool City Council and Hydrox Nominees Pty Ltd

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.

COUNCIL DECISION

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.

Committee Reports

ITEM NO: CTTE 01

FILE NO: 047872.2014

SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 3 April 2014

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

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 02

FILE NO: 085405.2014

SUBJECT: Minutes of the Liverpool Access Committee 10 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 10 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 03

FILE NO: 093449.2014

SUBJECT: Minutes of Liverpool Youth Council meeting held on 1 April 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 1 April 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

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

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.

COUNCIL DECISION

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

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.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 06

FILE NO: 099824.2014

SUBJECT: Minutes of Economic Development Committee meeting held 7 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 7 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 07

FILE NO: 099827.2014

SUBJECT: Minutes of Building Our New City Committee meeting held 7 May 2014

RECOMMENDATION

That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 7 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

ITEM NO: CTTE 08

FILE NO: 108991.2014

SUBJECT: Minutes of the Budget and Finance Committee

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 7 May 2014.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Correspondence Reports

ITEM NO: CORR 01

FILE NO: 076528.2014

SUBJECT: Incoming and Outgoing Correspondence Report

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion was declared CARRIED.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 105358.2014

SUBJECT: Question with Notice - Clr Shelton

Please address the following:

During the ordinary council meeting of 26 June 2013 a resolution to the following

effect was passed.

That Council:

1. Adopts the Growing Liverpool 2023 Community Strategic Plan, Delivery Program 2013-2017 Operational Plan 2013-2014 with the changes outlined in this report.

2. ...

3. Places on public exhibition for 28 days the fees and charges for community and recreational facilities

a) ...

b) Amended fees and charges as presented. Notifies affected food premises in writing in the Mayor's name of the newreduced fees and charges.

Please advise the revenue that has to date been lost to Council if it were assumed

these particular fees and charges had remained unaltered and not 'reduced' and

notified 'in writing in the Mayor's name'.

Reduction of the primary inspection fee for food business who employee 0 to 5 employees:

· Original adopted fee for the 2012/2013 fees & charges = $138.18 (GST exclusive)

· Reduced adopted fee 2013/14 = $130.91 (GST exclusive)

· Reduction of income to date $6,862.52

Reduction of the Re- inspection fee for food business who employ 0 to 5 employees:

· Original adopted fee for the 2012/2013 fees & charges = $138.18 (GST exclusive)

· Reduced adopted fee = $90 (GST exclusive)

· Reduction of income to date $4,191.66

ITEM NO: QWN 02

FILE NO: 105256.2014

SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. How many bus shelters have been constructed in the 2013-2014 year?

2. What are their locations?

3. Is there any back log from previous years?

4. How many will be constructed in 2014-2015 financial year?

5. Where are new bus shelters to be located?

6. Please indicate whether these are in new or established suburbs.

7. What is the approximate cost of a bus shelter?

A response to these questions will be included in the June business paper.

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

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.

Motion Moved: Mayor Mannoun

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.

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.

ITEM NO:	NOM 03
FILE NO:	111453.2014
SUBJECT:	Fire Safety Certifications / Inspections
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).
COUNCIL DECISION 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.

ITEM NO:	GMCC 01
FILE NO:	080228.2014
SUBJECT:	Expression of Interest EOI2333 management of Leisure Centre - Carnes Hill
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.
COUNCIL DECISION 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.

ITEM NO:	GMGO 02
FILE NO:	102706.2014
SUBJECT:	Budget Request for Consultancy Services re Fire Certification Work
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.
COUNCIL DECISION Motion: Moved: Clr Stanley Seconded: Clr Hadchiti That the recommendation be adopted. On being put to the meeting the motion was declared CARRIED.

Motion Moved: Mayor Mannoun

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.

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.

177

Ordinary Meeting 25 June 2014

Economy and Engagement Report

GMEE 01

Donations, Grants and Sponsorship

Strategic Direction	Healthy Inclusive City Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers
Key Policy	Multicultural Action Plan
File Ref	133467.2014
Report By	Mark Egan - Coordinator Community Planning
Approved By	Michael Cullen - Group Manager, Economy and Engagement

Executive Summary

Council provides financial assistance to the community under three categories; Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants, School and Youth Donations), Sporting Donations and Corporate Sponsorship.

The Financial Contributions Panel (FCP) met recently to consider applications from local residents for the Sporting Donations Program, local young people for the Youth Donations Program and local community organisations for the Community Grants and Corporate Sponsorship.

This report presents the funding recommendations made by the FCP for Council's consideration.

RECOMMENDATION

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $1,900 under the Sporting Donations Program as summarised in the table below

Applicant Name	Amount
Georgia Heath	$200
Maddison Heath	$200
Chantelle Mills	$200
Amber Williams	$500
Shannon Fitzgerald	$200
Cayla Fitzgerald	$200
Daniel J Lambert	$200
Tiana Stojkovic	$200

2. Endorses the Financial Contributions Panel's recommendations for the provision of $17,370 under the Community Donations Program (including four Community Grants applications and one Youth Donation applications) as summarised in the table below

Applicant Name	Project Name	Amount
Liverpool Neighbourhood Connections	Keep ‘em Safe	$5,000
Liverpool Neighbourhood Connections	Cooking for Living	$1,875
Sloosh Kidscare Inc.	The Early Buzz Program	$4,995
La’u Samoa Council	Samoan Independence Day	$5,000
Shayla Gibbs	National representation at World Hip Hop Dance Championship in USA	$500

3. Endorses the Financial Contributions Panel's recommendations for the provision of $15,000 from the 2014/15 Corporate Sponsorship Program, subject to Council’s adoption of its 2014/15 budget, as summarised in the table below:

Applicant name	Amount
NSW Business Chamber	$5,000 ex GST
The Eid Festival In The Park	$3,000 ex GST
Share Care Incorporated	$5,000 ex GST
Tank U Pty Ltd T/A Australian Fighters and Martial Arts Exhibition	$1,000 ex GST
Hoxton Park Public School P & C	$1,000 ex GST

REPORT

The Donations program has three categories:

· Community Donations (including Community Grants, Small Grants, Men’s Shed One-off Grants School and Youth Donations);

· Sporting Donations; and

· Corporate Sponsorship.

Applications for Sporting Donations, Community Grants and Corporate Sponsorship are accepted on an ongoing basis. Applications are then reviewed by the Financial Contributions Panel (FCP) comprising of the Mayor, Deputy Mayor, Chief Executive Officer and delegated staff.

This report contains the most recent recommendations by the FCP for Sporting Donations, Community Donations and Corporate Sponsorship.

Sporting Donations

Council's Sporting Donations Program is available to individuals and sporting teams who live in Liverpool City. Nine (9) applications for sporting donations were received by Council. Eight (8) applications met the program criteria and were recommended for funding by the Liverpool Sports Committee. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendations are shown in the table below.

Applicant Details	Eligibility	Representation	FCP Recommendation
Georgia Heath	Representing Baseball NSW at the National U15 Women Championships in Wollongong 18 to 26 April 2014.	National	$200
Maddison Heath	Representing Baseball NSW at the National U15 Women Championships in Wollongong 18 to 26 April 2014.	National	$200
Chantelle Mills	Representing Baseball NSW at the National U15 Women Championships in Wollongong 18 to 26 April 2014.	National	$200
Amber Williams	Representing Australian National Hip Hop Dance Team at 2014 World Hip Hop Dance Championships in Las Vegas 5 to 10 August 2014.	International	$500
Shannon Fitzgerald	Representing NSW Country Women Baseball Team at the 2014 Women’s National Championship in Wollongong April 2014.	National	$200
Cayla Fitzgerald	Representing NSW Country Under15’s Baseball Team at the 2014 Women’s National Championship in Wollongong April 2014.	National	$200
Daniel J Lambert	Representing NSW Tertiary Students Rugby League Team at the National in Coffs Harbour 10 to 13 July 2014.	National	$200
Tiana Stojkovic	Representing NSW PSSA Tennis Team at the Interstate Championship in Darwin 16 to 24 August 2014.	National	$200
Mounties U14 Soccer Team	Ineligible as this is not a representative team but a local team entering a tournament. The Sports committee noted that funding this would set a precedent for all self-nominated teams to be eligible for funding - Local resident	Local	Not recommended for funding

Community Grants

Council's Community Grants Program is available to community groups who provide programs or services to the residents of Liverpool. Four (4) applications for community grants and two (2) applications for Youth Donations were received by Council. Of these applications, five (5) applications met the program criteria and are recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the requests are outlined in the table below.

Applicant Details	Event Name and Description	Amount Requested	FCP Recommendation
Liverpool Neighbourhood Connections	Keep ‘em Safe To erect a perimeter fence around the car park of Frank Oliveri Hall to ensure a safe, clean and attractive environment for staff and participants at Henckenberg Connections. This will also allow for landscaping to be completed in the area. Community Benefits: · Achieving a clean, safe and attractive environment. · Allows and staff and participants to achieve a sense of safety and well-being. · Centre targets around 300 per week.	$5,000	$5,000
Liverpool Neighbourhood Connections	Cooking for Living Purchase cooking equipment to provide cooking classes for members of the community. Community Benefits: · Encourage people to cook for themselves and adopt a healthy way of eating. · The classes will be free.	$1,875	$1,875
Sloosh Kidscare Inc.	The Early Buzz Program The Early Buzz Program will offer a range of diverse sport, cultural, healthy eating, and healthy lifestyle and leisure activities for the children within the existing before school care program at no extra cost to the families. Community Benefits: · Miller is the most disadvantaged area in NSW and this project aims to give children the skills to grow up healthy and active adults at no extra cost.	$4,995	$4,995
La’u Samoa Council	Samoan Independence Day A cultural fete to celebrate the 52nd Anniversary of the Independence of Samoa. Community Benefits: · This program is based on the cultural, social and religious developments of young Samoan people. · The project will seek to provide assistance across young people who are at risk of leaving school to develop an understanding of their culture.	$5,000	$5,000
Tiana Stojkovic	Youth Donation application: Applicant wants to travel to Darwin to represent NSW in the School Sport Australia Championships- Tennis .	$200	$0 (ineligible through Youth Donations Program, but has been approved through Sports Donation Program for the same amount)
Shayla Gibbs	Youth Donation application: Applicant wants to represent Australia in the World Hip Hop Dance Championship in the USA.	$500	$500

Corporate Sponsorship

Council delivers a Corporate Sponsorship Program for local organisations seeking financial support to deliver events that benefit Liverpool. Six (6) applications for corporate sponsorship were received by Council. Five (5) applications met the program criteria and are recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendation are shown in the table below.

Applicant Details	Project Name and Description	Amount Requested	FCP Recommend-ation
NSW Business Chamber	NSW Business Chamber 2014 Business Awards for Sydney South West region - 5 September – Casula Powerhouse A state-wide awards program celebrated across each region in NSW. It is proposed to hold the Sydney South West awards ceremony in Liverpool at CPAC. Benefits include: Option one – Primary Regional Sponsorship – Regional sponsor for specific nominated region, 2 x complimentary tickets to State Awards gala dinner. Representative invited to judge suitable award category at Regional level. Recognised as primary sponsor in President and M.C. welcome address, speaking opportunity, 6 x complementary places, opportunity to purchase additional tickets at discounted rates. Sponsor link on awards home page and mention in EDMs. Signage opportunities at the venue. Strong Alignment with economic development aims for the region and showcasing one of the region’s and Council’s key facilities to a business audience.	$5,000 ex GST	$5,000 ex GST
The Eid Festival In The Park	Liverpool Eid Festival – 8,9,10 August – Bulldogs Land The Eid Festival will include stalls, entertainment, amusements, and petting zoo. Free Entry. Expected audience is 5,000-8,000 people. Benefits include signage opportunities in the lead up and at the event, logo inclusion and opportunity for a stall on the day and an opportunity for the Mayor to speak at the event. Aligns with program objectives and is bringing a new free activity to Liverpool, but is not activating the city centre.	$10,000 ex GST	$3,000 ex GST
Share Care Incorporated	Share Care Inaugural Charity Ball– West Leagues Club Campbelltown– 7 November 2014 Not for profit organisation running fundraising event to improve services provided to disabled children and young adults from their Heckenberg head office. It is a ticketed event. Anticipated attendances at approx. 350 people. Benefits: Range of benefits varies depending upon the package selected. Gold provides premium signage at the event, 10 x tickets, CEO acknowledgement on the night, opportunity to present and draw raffle, opportunity for short address, distribution of collateral at event. Moderate alignment with program objectives. The event will not be held in Liverpool, will not attract large numbers of people and is a paid event. However the proceeds will go towards supporting a locally based not for profit organisation who provides important services to the local community. The organisers have indicated that they may run the event in future years in Liverpool.	$5,000 ex GST	$5,000 ex GST
Tank U Pty Ltd T/A Australian Fighters and Martial Arts Exhibition	Australian Fighters and martial Arts Exhibition – 2-3 August – Whitlam Centre An exhibition of various martial arts styles and instructors form across Sydney and NSW. They will promote an anti-bullying initiative called Bully Stop. It is a ticketed event - $80 Family, $22 Adult, Child $14 and under 12s are free. Tank U Pty Ltd is a for-profit organisation. However, some profits will be donated to a non-profit organisation called Angels goal Inc. who provide education support to victims of abuse and bullying. Organiser is aiming for attendance numbers of 12,000 across the weekend however the event has not been run before. A smaller event in Penrith attracted 200 people. The aim is to run the event in Liverpool annually. Requesting that Council cover the cost of the venue and facilities hire. Benefits include: Logo inclusion on promotional flyers, posters, website etc. Sponsor recognition in media releases. Opportunity for signage and to distribute publications at the event. Moderate Alignment. Whilst the event is new to Liverpool it is not in the CBD. It is also a for-profit organisation that is charging a significant amount for tickets and is asking Council to cover the costs of the venue and facilities hire. The organisers have indicated that some profits will be provided to a not-for-profit organisation that provides support to victims of bullying. A smaller style event in Penrith, run over one day attracted 200 people.	$18,500 ex GST	$1,000 ex GST
Hoxton Park Public School P & C	Hoxton Park Public School Spring Fair – August 30 – Hoxton Park Public School School’s annual spring fair. Free event. Previously has drawn over 800 participants and over 40 exhibitors from business, government and food producers. Benefits include: Gold Sponsorship $1000 and above. Speaking and presentation opportunity on the day. Large advert in the Fair Program. Logo and signage at the event. Logo and recognition on all materials in the lead up to the event. Moderate alignment with program criteria. Activity is not in the city centre and does not align with economic development objectives. Moderate alignment with community and social benefit.	$1,000 ex GST	$1,000 ex GST
Future Achievement Australia Foundation	Max Potential program 2014 22 week community program that matches young adults with community leaders to coach in personal leadership and the delivery of a community service project. The program matches 20 young adults with 20 coaches. Aim is to build resilience and coaching skills whilst allowing young adults to positively engage. Benefits include: Acknowledgement and signage recognition. Coaching and mentoring skills for those who agree to mentor young adults. Not recommended for funding through Corporate Sponsorship program. This activity is better placed being supported via Council’s learning and development program so that Council staff can act as mentors to these young adults. This will result in stronger benefits for Council through skills development of staff, whilst also supporting a worthwhile project. Council’s learning and development staff are investigating providing coaches at a cost of $2,000 per coach with Max Potential.	$4,000 ex GST	Not recommended for funding at this stage

CONSIDERATIONS

Economic and Financial	A budget allocation of $15,000 for the Sporting Donations Program was adopted by Council in its 2013/2014 Operational Plan. If the recommended amount of $1,900 is endorsed the remaining balance will be $10,800. The recommendations within this report for sporting donations will be funded from the Sporting Donations Program. A budget allocation of $100,000 for the Community Grants Program was adopted by Council in its 2013/2014 Operational Plan as part of the Community Donations Program. If the recommended amount of $17,370 is endorsed the remaining balance will be $408.60. The recommendations within this report for Community Grants will be funded from the Community Donations Program. A budgetary allocation of $51,500 for the Corporate Sponsorship Program was adopted by Council in its 2013/2014 Operational Plan. The budget is fully committed. Given that each of these events occur in 2014/15 recommended projects (totaling $15,000) can be funded from the 2014/15 Corporate Sponsorship Program subject to Council adoption of the 2014/15 budget.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

ATTACHMENTS

1.View	Criteria for Community Donations
2.View	Criteria for Youth Donations
3.View	Criteria for Sporting Donations
4.View	Criteria for Corporate Sponsorship

243

Ordinary Meeting 25 June 2014

Infrastructure and Environment Report

GMIE 02

Council’s Multi-Storey Parking Stations

Strategic Direction	Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network
Key Policy	Traffic and Transport Plan
File Ref	100255.2014
Report By	Albert Galletta - Service Manager Special Projects
Approved By	Raj Autar - Group Manager Infrastructure and Environment

Executive Summary

This report presents the outcomes of a range of investigations that have been undertaken to review the ongoing serviceability of Council’s multi-storey parking stations comprising Northumberland Street and Warren Serviceway Car Parks.

While these parking stations were built to standards applicable at the time, the standards governing the management of these types of structures have changed over time and the review aimed to establish any major gaps in the capacity of the parking stations to continue to perform this important traffic management function.

The required investigations have now been completed and the findings have enabled the development of a rolling priority program of renewal and upgrade works for the two multi-storey car parks. The program will assist the formulation of Council’s annual capital works budget each year and will enable more effective project forward planning, investigations and design ahead of implementation.

RECOMMENDATION

That Council receives and notes the contents of this report.

REPORT

1. Background

Council owns and operates the following two multi-storey parking stations as part of a range of facilities for the effective management of traffic and parking within the Liverpool City Centre.

Parking Station	Capacity (spaces)	Built (year)	Age (years)
Northumberland Street Car Park	414	1960	54
Warren Serviceway Car Park	704	1987	27
TOTAL	1118

2. Need and scope of review

The two parking stations were built at different times to meet parking demand over the years and while built to standards that were applicable at the time, community expectations and therefore standards governing the management of these facilities have changed.

The investigations that were undertaken during 2013 and early 2014 covered the following areas:

· Structural assessment - detailed structural investigations of the parking stations to establish underlying causes of some of the visible distresses e.g. concrete cracking and spalling;

· BCA & Standard Compliance - comprehensive inspection and audit to assess the level of compliance of the structures with the Building Code of Australia (BCA) and other relevant standards and guidelines; and

· Building Services assessment - assessment of compliance of installed services with relevant design and installation standards with respect to mechanical ventilation, general lighting, emergency lighting and fire detection and protection services.

3. Summary of Findings

The following section details the outcome of the investigations undertaken. While the investigations have been undertaken against current standards and guidelines, a detailed risk assessment process has been adopted to better guide Council in determining the actual extent of any upgrade works that may need to be carried out and to ensure that upgrading to current standards do not create significant construction issues without any corresponding increase in health, safety and amenity benefits.

4. Northumberland Street Car Park

The following table summarises the outcomes of the various assessments that have been undertaken for Northumberland Street Car Park (NSCP).

Assessment category	Results and recommendations - NSCP	Estimated cost
1. Structural Assessment	1.1. The main structural framework comprising beams and columns have been found to be in a satisfactory condition and are expected to continue performing satisfactorily for the foreseeable future with regular maintenance. 1.2. However, due to age and usage, parts of the structure comprising mostly the slabs and ramps have deteriorated beyond normal maintenance repairs and major strengthening would be required to restore serviceability. 1.3. A range of repair and renewal methodologies have been developed and the required works have been programmed to be undertaken during the 2014-15 program year. 1.4. Investigations have concluded that following completion of the identified renewal works, NSCP can be expected to remain serviceable for another fifteen years, subject to ongoing routine inspections and timely maintenance.	$375,000
2. BCA Compliance Check	Inspections have found that the parking station generally complies with the applicable provisions of the regulations in force at the time of construction. However, several elements of the building have been found to be non-compliant when compared with current standards. Council therefore undertook a risk based approach to assess the need for any upgrade works to ensure balance between upgrade costs and the resulting health, safety and amenity benefits. 2.1. Fire safety - the building currently does not have fire hydrants and fire hoses for fire fighting. In this regard, fire extinguishers are proposed to be provided throughout the building to assist fire fighting. 2.2. Emergency egress - it was found that exit signage currently provided is inadequate and the building is not provided with fire-isolated stairs. While emergency lighting and exit signage will be upgraded, due to the age of the building, it is considered uneconomical to provide fire-isolated stairs. 2.3. Emergency egress - the audit also found that the distance between exits exceed the maximum allowable travel distance in cases of emergencies. Extended travel distance of 65m in lieu of 40m exists in the car park. To fully comply with this requirement, a new set of stairs will need to be provided to reduce this distance. However, in view of the substantial costs associated with this work, provision of new stairs is not recommended at this stage. Council will instead improve exist signage and associated delineation and guidance signage to facilitate quick access to the two stairs at either end of the building. 2.4. Access and parking - the audit also found a range of minor non-compliances with current standards, however, these are minor and are unlikely to affect the performance of the car park. Where possible appropriate actions will be taken to address these non-compliances.	$10,000
3. Review against other standards - vehicular safety barriers	3.1. Vehicle safety barriers - earlier investigations had found that the vehicle safety barriers at NSCP did not have adequate strength to restrain out-of-control vehicles as required by current standards. 3.2. Subsequent investigations and risk assessments found that the presence of raised kerbs along the perimeter of the upper floors would considerably reduce the likelihood of such an event, except in certain areas where no such kerbs exist. 3.3. The Department of Planning Circular in this regards recognised that it may not be reasonable or practicable for all existing car parks to achieve standards required by the current Australian Standard as some existing structures may not be able to be upgraded to current standards – “Some situations will require a flexible approach in which existing structural capacity, economic and social impact factors are considered in a balanced manner to achieve the required outcome of providing for the safety of car park users”. 3.4. Following a detailed risk assessment, Council has identified a range of improvement works including wheel stops, safety barriers and screening to prevent falls.	$240,000 (over two years)
4. Building Services Assessment	4.1. Electrical Services - while general lighting has been found to be reasonable and close to code requirements, emergency and exit lighting will require substantial upgrade and this has been included in the planned program of works for the car park. 4.2. Mechanical Services - the car park is naturally ventilated and there are no mechanical ventilation services. 4.3. Fire Protection Services - there are no fire fighting services and portable fire extinguishers are proposed to be installed. Risk analysis found that it would be unlikely that there would be large numbers of motorists at any floor at a given time and hence it would not be economical to install fire hydrants and hoses, which are estimated to cost over $200,000.	$130,000 (over two years)
5. New parking management system	5.1. Council, at its meeting of 29 May 2013 resolved to investigate the feasibility of introducing a boom gate based parking management system to replace the existing pay-and-display parking meters at NSCP. 5.2. At its meeting of 30 October 2013, Council considered the scope and indicative cost of a boom gate system, however, accepted officer recommendation to defer and re-evaluate the matter following completion of the various structural and BCA investigations. 5.3. A detailed analysis of the costs and benefits of boom gate systems found that a nested boom gate system would be the most suitable car park management system for NSCP. This is estimated to cost approximately $390,000.	$390,000

The following table provides a proposed program of works for NSCP, which identifies an expenditure of close to $1.9 million over the next five years.

Required renewal and upgrade - NSCP	2014-15	2015-16	2016-19
1. Structural improvements
§ Slab strengthening	$280,000
§ Rectify cracks and other identified defects	$95,000
2. BCA Compliance
§ Access and mobility improvements	$10,000
3. Safety barrier
§ Install wheel stops	$30,000
§ Install screen to prevent falls		$90,000
§ Vehicle safety barrier - high priority		$120,000
§ Vehicle safety barrier - low priority			$550,000
4. Building services
§ Electrical services - emergency lighting and exit signage	$30,000	$35,000	$25,000
§ Fire extinguishers		$40,000
5. Integrated Parking Management System
§ Boom gate parking control with automatic payment			$390,000
6. Operations and maintenance
§ Ongoing operational and maintenance activities	$50,000	$50,000	$150,000
TOTAL	$495,000	$335,000	$1,115,000

5. Warren Serviceway Car Park

A similar investigation was carried out for the Warren Serviceway Car Park (WSCP) and the following table summarises the outcomes of the various assessments that have been undertaken.

Assessment category	Results and recommendations - WSCP	Estimated cost
1. Structural Assessment	1.1. A range of minor defects have been identified and the structure has been found to be in a sound condition overall. Appropriate repair and renewal methodologies have been developed and due to the minor nature of these works and in view of other priorities, the required works have been programmed to be undertaken during the 2015-16 program year. 1.2. Investigations have concluded that WSCP will continue to perform satisfactorily into the foreseeable future, subject to ongoing routine inspections and timely maintenance.	$120,000
2. BCA Compliance Check	Inspections have found that the parking station generally complies with the applicable provisions of the regulations in force at the time of construction. However, due to age and usage, several elements of the building have been found to have deteriorated and would require renewal and upgrades over the short to medium term. These include: 2.1. Fire safety - maintenance, testing and replacement of elements of the existing fire fighting systems. Most of the identified works are already underway; 2.2. Emergency egress - improvements to emergency lighting and exit signage including better guidance for persons with disabilities through use of tactile ground surface indicators; and 2.3. Access and mobility - the audit also found a range of minor non-compliances with current standards, however, these are minor and are unlikely to affect the performance of the car park. Where possible appropriate actions will be taken to address these non-compliances.	$200,000 (over five years)
3. Other standards review - safety barriers	3.1. Vehicle safety barrier - earlier investigations had found that the vehicle safety barriers at WSCP did not have adequate strength to restrain out-of-control vehicles as required by current standards. 3.2. Subsequent investigations and risk assessments found that complete absence of any wheel stops has resulted in regular vehicular impact to the existing parapet walls, which also acts as the barrier. 3.3. As a first priority, Council has already commenced installing wheel stops to prevent vehicular impact. 3.4. The Department of Planning Circular in this regards recognised that it may not be reasonable or practicable for all existing car parks to achieve standards required by the current Australian Standard as some existing structures may not be able to be upgraded to current standards. Some situations will require a flexible approach in which existing structural capacity, economic and social impact factors are considered in a balanced manner to achieve the required outcome of providing for the safety of car park users. 3.5. Following a detailed risk assessment, Council has identified areas of the car parks that require some form of safety barriers now with a program to progressively provide safety barriers within other parts of the car park at a later stage.	$410,000 (over five years)
4. Building Services Assessment	4.1. Electrical Services - while general lighting has been found to be reasonable and close to code requirements, emergency and exit lighting will require upgrade and this has been included in the planned program of works for the car park. 4.2. Mechanical Services - parts of the car park is naturally ventilated while lower level have mechanical ventilation services. The exhaust fans of the mechanical system appear to have reached the end of its serviceable life and will require replacement in the short term. 4.3. Fire Protection Services - as in 2.1 above.	Included in 2 (above)
5. New parking management system	5.1. Council, at its meeting of 29 May 2013 resolved to introduce discounted parking fee at WSCP to improve utilisation of Levels 4, 5 and 6 of the car park. It was identified that a nested parking area will need to be created within these levels using additional boom gates and an amount of $90,000 was allocated for these works. 5.2. Subsequent investigations found that due to the age of the existing parking management system (now obsolete), it was not economically viable to add new boom gates to the existing system. 5.3. At its meeting of 2 December 2013, Council allocated an additional $390,000 for the full replacement of the parking management system. 5.4. Following a review of available options, a public tender process for the supply and installation of a parking management system has been concluded and results will be reported to the July meeting of Council.	$480.000 (available budget)

The following table provides a proposed program of works for WSCP, which identifies an expenditure of close to $2.8 million over the next five years.

Required renewal and upgrade - WSCP	2014-15	2015-16	2016-19
1. Structural improvements
§ Rectify identified concrete defects		$120,000
2. BCA Compliance
§ Access and mobility improvements	$32,000
3. Safety barrier
§ Install wheel stops *(underway)*	$40,000
§ Install screen to prevent falls		$120,000
§ Vehicle safety barrier - high priority		$250,000
§ Vehicle safety barrier - low priority			$1,200,000
4. Building services
§ Electrical - emergency lighting and exit signage		$80,000
§ Fire fighting equipment *(underway)*	$90,000
§ Mechanical services - exhaust fan improvements			$125,000
5. Integrated Parking Management System
§ Replace existing parking management system	$480,000
6. Operations and maintenance
§ Ongoing operational and maintenance activities	$50,000	$50,000	$150,000
TOTAL	$692,000	$620,000	$1,475,000

6. Discussion and Conclusions

The investigations undertaken have given Council a sound basis to objectively plan the long term maintenance and renewal requirements for the two multi-storey parking stations so that these facilities continue to provide the important parking function over the long-term and in a cost effective manner. The following annual expenditures have been identified for the two car parks over the short to medium term with a total forecast expenditure of $4.7 million over this period.

Car park	Expenditure
Car park	2014-15	2015-16	2016-19	TOTAL
Northumberland Street Car Park	$495,000	$335,000	$1,115,000	$1.9M
Warren Serviceway Car Park	$692,000	$620,000	$1,475,000	$2.8M
TOTAL	$1,187,000	$955,000	$2,590,000	$4.7M

The above priority program will assist the formulation of Council’s annual capital works budget each year and will enable more effective project forward planning, investigations and design ahead of implementation.

Northumberland Street Car Park

With regards to Northumberland Street Car Park, the structural repairs identified as well as the other associated repairs will significantly improve the serviceability of the facility. These works have been provided for in the 2014-2015 program year and work has commenced to develop appropriate specifications to enable tenders to be called later in the year.

Further, while a boom gate based parking management system will improve performance of the car park, it is considered that the need for this improvement be reviewed in the context of the future of this car park in view of its age, plans for a major off-street car park at the southern end of the city centre and the major strategic review of possible development options for the southern end.

Warren Serviceway Car Park

The Warren Serviceway Car Park is in a satisfactory condition and a lot of the improvements identified are already being progressed. Due to inherent design, the program of works identifies the need to progressively provide vehicular safety barriers along the perimeter of the upper floors.

CONSIDERATIONS

Economic and Financial	Ensuring that key assets continue to provide acceptable levels of service over time and in a cost effective manner.
Environmental and Sustainability	Provide efficient parking for the city centre.
Social and Cultural	Well maintained and modern parking facilities encourage utilisation as well as safety perception of the building.
Civic Leadership and Governance	Deliver services that are customer focused.

ATTACHMENTS

Nil

335

Ordinary Meeting 25 June 2014

Planning and Growth Report

GMPG 07

Changes to the Independent Hearing and Assessment Panel Charter and Procedure

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development
Key Policy	Urban Development Plans
File Ref	129662.2014
Report By	Lina Kakish - Acting Manager Statutory Planning
Approved By	Carole Todd - Acting Group Manager Planning and Growth

Executive Summary

This report outlines the changes to the Independent Hearing and Assessment Panel (IHAP) Charter and Procedure to accommodate the improvements to IHAP processes endorsed by Council at the meeting of 30 October 2013.

Liverpool Council was one of the first councils in New South Wales to establish an IHAP as a way of improving transparency, accountability and public scrutiny of Council’s development assessment decision making process. This has now been acknowledged as industry best practice.

The changes discussed within this report propose amendments to the IHAP charter to reflect the Council resolution of 30 October 2013. Minor additional changes are also proposed to further improve the IHAP process by streamlining IHAP triggers and administrative procedures.

Additionally, a change to the IHAP delegation is proposed to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater, to be decided by Council.

RECOMMENDATION

That Council:

1. Adopts the revised Independent Hearing and Assessment Panel Charter and Procedure as attached to this report.

2. Amends the IHAP delegation of 30 October 2013 by including a new Clause (c) as follows to reflect the requirement for all development applications proposing a variation to a development standard of 10% or greater to be decided by Council:

(c) That all development applications where there has been a variation to a development standard of 10% or greater, be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

3. Delegates authority to the CEO to approve and amend the IHAP procedure from time to time, in consultation with the members of the IHAP and the community.

4. Notes that a further report will be provided to Council at a future meeting on assessment panel options as part of a broader review of development assessment delegations.

REPORT

Background

The role of the IHAP in the NSW Planning System

In NSW, a Council may elect to implement an IHAP for the purpose of the assessment of any aspect of a development application or any planning matter. The provision of an IHAP is not a mandatory requirement for any Council within NSW; however if established, the IHAP is required to be developed in accordance with Clause 23I Independent Hearing and Assessment Panels of the Environmental Planning and Assessment Act (EP&AA) 1979.

Liverpool Council has an established IHAP that has been developed and implemented in accordance with the requirements of the EP&AA 1979, to provide increased transparency, confidence in, and scrutiny of planning decisions.

Establishment of IHAP at Liverpool City Council

On 10 March 1997, Council resolved that an IHAP be established to provide an independent hearing forum for objectors and applicants, and to independently make recommendations to Council on development applications. Each IHAP consists of five members representing the areas of:

· Planning Law

· Environment

· Urban Design

· Community

· Traffic.

Changes to the IHAP Charter

On 30 October 2013, Council resolved to endorse the proposed changes to the IHAP charter as follows:

1. Delegates authority to the CEO to determine all applications regarding developments in the CBD referred to IHAP, subject to the following conditions;

a) That all Councillors be notified in writing of the determinations of the IHAP meeting within 24 hours of the meeting.

b) That Councillors have 72 hours from the time of the IHAP meeting to request that the matter be resolved by Council if three or more Councillors notify the CEO in writing if they deem it to be in the community interest to do so.

2. Amends the IHAP charter to reflect the above delegated authority.

3. For the purposes of this motion, the CBD shall be defined by and generally bound by the train line to the east, Hume Highway/Copeland Street to the north and west and Atkinson Street to the South.

Discussion

The draft revised IHAP Charter (Attachment 1) responds to the Council resolution and proposes minor amendments to IHAP triggers to further streamline development assessment processes.

Following are the proposed revised referral triggers:

1. Any building over three storeys in the Liverpool CBD area and those Class 2 to 9 Buildings under the Building Code of Australia (BCA) where there are five or more unresolved objections;

2. Any matter that involves a variation to the Liverpool Local Environmental Plan 2008 of 10% or greater.

3. Any development application lodged on behalf of Council or by Council, where it has a pecuniary interest in the development.

The development applications referred to above will only be considered by the IHAP and Council in circumstances where the Joint Regional Planning Panel is not the determining authority.

Key Changes

In summary, the draft revised Charter incorporates the following key changes:

(a) Provides for development applications within the Liverpool CBD to be determined by the Chief Executive Officer (CEO) using Delegated Authority in accordance with Council’s resolution of 30 October 2013, except for applications involving a proposed variation to a development standard of 10% or greater; and

(b) Amending the submission trigger for referral to IHAP from three submissions to five unresolved objections, and requiring that submissions received and representations made during the public hearing raise issues relevant to the development application.

Each of these key changes is discussed separately below.

Delegation to the CEO

The Charter has been amended to give effect to Council’s resolution of 30 October 2013 providing the CEO with authority to determine CBD applications referred to IHAP, unless three or more Councillors advise that they wish the applications to be decided by Council.

Notwithstanding this delegation, the Charter notes that the CEO cannot determine any development application if the application seeks a variation of 10% or greater of a development standard in the Liverpool Local Environmental Plan 2008 or relevant State Policy. In such cases, the application must be reported to the full Council for decision in accordance with the direction provided by NSW Department of Planning and Infrastructure, pursuant to the Environmental Planning and Assessment Act 1979.

In response to the findings of the Independent Commission Against Corruption investigation into corruption allegations affecting Wollongong City Council, all development applications with SEPP 1 or clause 4.6 applications with variations of 10% or greater must be reported to Council for determination. Councils are also required to report these variations to the Department of Planning and Infrastructure every quarter.

For the period 1/7/2012 to 30/6/2013, Liverpool Council’s reports to the Department identified a total 17 applications with variations of 10% or greater, while for the period 1/7/2013 to 31/3/2014, 13 applications have been identified.

Council’s legal officers have confirmed that notwithstanding Council’s adoption of the clause 4.6 provision within the Liverpool LEP 2008, these requirements remain in force in accordance with the NSW Department of Planning and Infrastructure’s Planning Circular PS 11-018, and supporting Guide to Varying Development Standards.

Accordingly, an amendment to the delegation of 30 October 2013 is proposed to reflect this requirement. The proposed amendment would involve the inclusion of a new clause (c) noting that any development application involving a variation of 10% or greater would be decided by Council.

The proposed amended delegation is as follows:

That Council:

1. Delegates authority to the CEO to determine all applications regarding developments in the CBD referred to IHAP, subject to the following conditions:

a) That all Councillors be notified in writing of the determinations of the IHAP meeting within 24 hours of the meeting.

c) That all development applications where there has been a variation to a development standard of 10% or greater, be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

2. Amends the IHAP charter to reflect the above delegated authority.

3. Delegate to the CEO to determine applications in the CBD that are not referred to IHAP where no objections have been received and design excellence has been achieved as per the IHAP charter subject to the following conditions:

a) That all Councillors be notified in writing of the CEO’s intention to determine the application with 48 hours notice.

b) Councillors can within that period request that the matter be resolved by Council if three or more Councillors notify the CEO in writing if they deem it to be in the community interest to do so.

c) That all development applications, where there has been a variation greater than 10% in development standards be determined by the elected Council in accordance with Clause 4.6 of Liverpool Local Environmental Plan 2008.

4. For the purposes of this motion, the CBD shall be defined by and generally bound by the train line to the east, Hume Highway/Copeland Street to the north and west and Atkinson Street to the South.

In summary then, any development application incorporating development proposals with variations greater than 10%, should be determined by full Council and not by the CEO or his delegate.

Submissions

It is proposed to increase the submission trigger for referral to IHAP from three submissions to five. Accordingly, applications will only be reported to IHAP for consideration if there are five or more valid and unresolved objections received in response to the notification/public exhibition of a development application.

All submissions are considered during the assessment process by Council’s planning and other relevant technical officers. Referral to IHAP can add two months delay to the decision making timeframe for the determination of a development application. This represents additional cost and uncertainty for applicants. Where there are fewer than five submissions, matters raised in submissions will still be addressed by Council officers as part of the assessment process. Given this is a very small number of submissions, this should not delay the assessment process where applications are largely consistent with LEP controls and have not triggered the 10% variation referral requirement.

A review of IHAP referrals was conducted for the period May 2013 to May 2014. During this period, 39 development applications were referred to IHAP. Following is a breakdown of the referral triggers:

· Three or four submissions – 5* (*3 of which also had an additional trigger)

· Five submissions or greater - 9

· Variation to a development standard of greater than 10% - 17

· Development greater than three storeys in the city centre – 4

· Combination of the above – 4

Accordingly, it is considered that increasing the submission trigger threshold to 5 submissions will have minimal impact on community consultation but will assist in improving efficiencies and streamlining development assessment processes.

It is also proposed to further define the submission referral trigger to include the requirement for such submissions to be ‘unresolved’. Often submissions deal with matters which are not relevant planning considerations, such as property valuations. On other occasions, submissions raise issues which are dealt with through relevant conditions of consent, or through changes to the development proposal during the assessment process. A benchmarking review has been conducted of other Sydney based Councils with independent assessment panels. This review confirmed that the majority of Councils include the term ‘unresolved’ in the submission trigger (Waverley, Wollongong, Mosman, Manly and Sutherland.) Warringah specifies that the submissions be ‘relevant’.

Additionally, Council’s implementation of ePlanning in January 2014 means that all applications and associated documentation are now published on line for 24/7 access by submitters, applicants and other interested parties. Given this increased transparency and improved access to information, and noting the amendments to notification procedures approved by Council in the recent Amendment 10 to the Liverpool Development Control Plan, it is considered timely to make this minor change to the IHAP submission referral trigger.

It is also noted that a large percentage of the variation triggers related to Clause 7.13 of the Liverpool LEP – Minimum lot width in Zones R1, R2, R3 and R4. A change to this clause is currently in progress as part of Draft Amendment 32 to the LLEP. This amendment among other things will allow two adjacent allotments to share a single access handle with a minimum width of 5m, which will allow greater flexibility in the design of subdivision patterns and resultant lot shapes.

Draft Amendment 32 has received Gateway determination, has been considered by State agencies and has been publicly exhibited. The outcomes of the public exhibition will be reported to Council in the coming months. The Gateway stipulates that the amendment is to be finalised by 30 September 2014.

The proposed changes outlined above will enable development applications to be determined more efficiently while still maintaining transparent, robust decision making processes in compliance with legislative requirements.

Development assessment panels

The benchmarking review noted above also identified that many Councils have delegated authority to determine development applications to their independent assessment panels, where applications are not determined by officers under delegated authority or by the JRPP. For example, the following Councils have Development Assessment Panels which determine development applications on behalf of the Council:

· North Sydney

· Lane Cove

· Waverley

· Campbelltown

· Manly; and

· Wollongong.

The functions of most of the assessment panels are very similar to those of the Mosman Development Assessment Panel which are to:

(a) determine development applications and S82A reviews that are within the delegations of those functions to the MDAP from the Council and/or the General Manager;

(b) provide an independent and open forum for interested persons and the community to make submissions relevant to the applications before MDAP;

(d) achieve good urban design and development outcomes consistent with the relevant legislation and planning controls.

It is proposed to undertake further research and benchmarking on assessment panel options as part of a broader review of development assessment delegations. A report will be provided to Council at a future Council meeting for consideration.

Changes to the IHAP Administrative Procedures

IHAP administrative procedures have also been revised to give effect to the Council resolution of 30 October 2013 and to improve IHAP processes and efficiency.

The new IHAP administrative procedure (Attachment 2) outlines the changes to the administrative processes supporting IHAP meetings, including the day and duration of meetings, meeting structure and format, the process for finalisation of IHAP recommendations and the content of IHAP minutes.

Conclusion

This report presents the revised IHAP Charter and administrative procedure for Council approval. These changes aim to simplify IHAP processes to further improve development assessment decision making and to give effect to the Council resolution of 30 October 2013.

CONSIDERATIONS

Economic and Financial	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development. Further develop a commercial centre that accommodates a variety of employment opportunities (in the City Centre).
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	The IHAP processes support community engagement and input into development assessment decision making.
Civic Leadership and Governance	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.

ATTACHMENTS

1.View	Revised draft IHAP Charter
2.View	IHAP Procedure April 2014

incoming correspondence

Date

From

Details

Nil

OUtgoing correspondence

Date

From

Details

Nil

Petitions

Issue

Number of Signatories

Opposition to the Federal Government’s compulsory acquisition of land parcels on the Georges River corridor for the Moorebank Terminal. Seeking a fair go for South West Sydney.

Strategic Direction	Leading Proactive Council Lead partnerships and collaboration with community, business and governments
Key Policy	Long-Term Financial Plan
File Ref	128956.2014
Author	Anne Stanley - Councillor

Strategic Direction	Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement
Key Policy	Community Engagement Policy
File Ref	134503.2014
Author	Anne Stanley - Councillor

Strategic Direction	Liveable Safe City Improve the community’s sense of safety in Liverpool
Key Policy	Community Safety and Crime Prevention Strategy
File Ref	134517.2014
Author	Anne Stanley - Councillor

Strategic Direction	Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations
Key Policy	Information Technology Strategy
File Ref	134688.2014
Author	Anne Stanley - Councillor

Strategic Direction	Leading Proactive Council Position Council as an industry leader, delivering best practice and innovation
Key Policy	Workforce Management Plan
File Ref	134728.2014
Author	Anne Stanley - Councillor

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

Property	165 Fifth Avenue, Austral (Lot 1113 DP 2475)
Owner	Frances, Frank, Grace & John TETTE
Applicant	Frances Tette

1.View	IHAP report (Under separate cover)
2.View	IHAP recommendation (Under separate cover)

Property	5 Durack Place, Casula (LOT 3087 DP 813122)
Owner	MR S EBADEH-AHVAZI
Applicant	DONYA CONSTRUCTIONS PTY LTD

Economic and Financial	Enhance the environmental performance of buildings and homes.
Environmental and Sustainability	Enhance the environmental performance of buildings and homes.
Social and Cultural	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

1.View	Applicant Details
2.View	IHAP Report (Under separate cover)
3.View	IHAP Recommendation (Under separate cover)

97
IHAP 02	Alterations and additions and two lot Torrens title subdivision at 5 Durack Place, Casula
Attachment 1	Applicant Details

103
IHAP 03	Construction of a nine storey residential flat building containing thirty-six residential units with basement car parking and ancillary site works
Attachment 1	Applicant Details

Property	Lot 423 of DP: 866612 & Lot 164 of DP 1157952
Owner	Frank Morizzi
Applicant	Roy Morizzi

1.View	IHAP report for DA-1291/2013 (Under separate cover)
2.View	IHAP recommendation for DA-1291/2013 (Under separate cover)

Economic and Financial	Costs will be approximately $2,500 per delegate for registration, travel, accommodation and meals.
Environmental and Sustainability	Raise community awareness and support action in relation to environmental issues.
Social and Cultural	Raise awareness in the community about the available services and facilities.
Civic Leadership and Governance	Act as an environmental leader in the community. Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.

121
ED 01	Local Government NSW Annual Conference
Attachment 1	Local Government NSW Draft Program and Conference Information 2014

125
ED 02	Councillor Access to Information and Interaction with Staff Policy
Attachment 1	Councillor Access to Information and Interaction with Staff Policy

Position	Incumbent	Contract Term	Expiry Date
Chief Executive Officer	Farooq Portelli	Contract End 1 July 2014 as per council resolution 30 April 2014	NA
Chief Executive Officer	Carl Wulff	4 Years	23 June 2018
Executive Director	Julie Hately	3 years	27 March 2016
Executive Director	Vacant	NA	NA
Group Manager Strategy & Executive	Biljana Sankovic	Contract End 1 July 2014 as per council resolution 28 May 2014	NA
Group Manager Community & Culture	Kiersten Fishburn	3 years	28 April 2016
Group Manager Economy & Engagement	Michael Cullen	3 years	28 April 2016
Group Manager Infrastructure & Environment	Rajen Autar	3 years	28 April 2016
Group Manager Business Excellence	Matthew Walker	3 years	28 April 2016
Group Manager City Presentation	Gino Belsito	3 years	28 April 2016
Group Manager Governance	Nadia Napoletano	3 years	16 June 2016
Group Manager Planning & Growth	Toni Averay	3 Years	14 July 2016

Item	Changes
Onsite Sewerage Fees	Various changes to the fee structure for onsite sewerage fees
Statutory Planning	A new fee structure to apply to construction certificates for Class 2-9 Commercial / Industrial, Class 10A Outbuildings over $5,000 Residential and Class 2-9 + 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration
Michael Wenden Aquatic Leisure Centre	Change in cost of after-hours venue hire, from not applicable in 2013-14 to subject to negotiation in 2014-15

1.View	Proposed statutory planning fees to be placed on public exhibition
2.View	Proposed on-site sewerage fees for public exhibition
3.View	Proposed fee to after hours hire of Michael Wenden Acquatic Leisure Centre
4.View	Summary of submissions received and officer comments
5.View	2013-17 Delivery Program and 2014-15 Operational Plan and Budget (Including Statement of Revenue Policy - Fees and Charges) (Under Separate Cover)

141
ED 04	Endorsement of the 2013-17 Delivery Program and 2014-15 Operational Plan
Attachment 1	Proposed statutory planning fees to be placed on public exhibition

143
ED 04	Endorsement of the 2013-17 Delivery Program and 2014-15 Operational Plan
Attachment 2	Proposed on-site sewerage fees for public exhibition

2
ED 04	Endorsement of the 2013-17 Delivery Program and 2014-15 Operational Plan
Attachment 3	Proposed fee to after hours hire of Michael Wenden Acquatic Leisure Centre

145
ED 04	Endorsement of the 2013-17 Delivery Program and 2014-15 Operational Plan
Attachment 4	Summary of submissions received and officer comments

Asset Class	May-14	Jun-13
Senior Debts (FRN's)	101.59%	101.79%
Senior Bonds (NCD & Corporate Bonds)	104.19%	106.3%
MBS (Reverse Mortgage Backed Securities)	59.93%	57.07%
Total	93.89%	90.89%

Legislative Requirements		Fully Compliant.
Portfolio Credit Rating Limit		Fully Compliant.
Institutional Exposure Limits		Fully Compliant.
Term to Maturity Limits	X	Exceeded term to maturity limit on existing Mortgage Back Securities purchased in 2006 and in 2007 The maturity dates have been extended by the issuer of the securities to reflect the revised actuarial expected weighted average life (WAL) of when they are most likely to be fully paid.

Economic and Financial	For the month of May 2014, Council investment income on General Fund was above year to date revised budget by $10k.Council's portfolio and returns will be closely monitored for the last month of the financial year.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

1.View	Statement by Glen Stevens Governor RBA June 2014
2.View	Movement in Investment Holding May 2014
3.View	Portfolio Investment Details
4.View	Performance Graphs Actual to Budget May 2014

159
GMBE 01	Statutory Investment Report May 2014
Attachment 1	Statement by Glen Stevens Governor RBA June 2014

Strategic Direction	Liveable Safe City Create clean and attractive public places for people to engage and connect
Key Policy	Strategic Maintenance Plan
File Ref	102252.2014
Endorsed By	Nick Bolton - Parks Coordinator
Approved By	Gino Belsito - Group Manager City Presentation

Economic and Financial	The recommendation has been provided for within the 2013/14 budget.
Environmental and Sustainability	There are no environmental and sustainability implications
Social and Cultural	There are no social or cultural implications
Civic Leadership and Governance	The recommendation provides opportunity to advocate for the local community. The recommendation is required in accordance with the Local Government Act 1993.

Strategic Direction	Proud Engaged City Deliver a range of stimulating and vibrant cultural events, programs and festivals
Key Policy	Community Engagement Policy
File Ref	127996.2014
Report By	Kiersten Fishburn - Group Manager Community & Culture
Approved By	Kiersten Fishburn - Group Manager Community & Culture

Economic and Financial	Facilitate the development of new tourism based on local attractions, culture and creative industries.
Environmental and Sustainability	Raise community awareness and support action in relation to environmental issues.
Social and Cultural	Provide cultural centres and activities for the enjoyment of the arts.
Civic Leadership and Governance	Deliver services that are customer focused.

Strategic Direction	Healthy Inclusive City Plan, support and deliver high quality and accessible services, program and facilities
Key Policy	Library Services Strategy
File Ref	128095.2014
Report By	Kiersten Fishburn - Group Manager Community & Culture
Approved By	Kiersten Fishburn - Group Manager Community & Culture