ITEM NO:

NOM 01

FILE NO:

135348.2014

SUBJECT:

Council agenda items for 25 June 2014 meeting

NOTICE OF MOTION

That Council transact the following Council business at this meeting:

·    Council agenda items for 25 June 2014 meeting.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

That the recommendation be adopted.

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

Clrs Stanley and Shelton asked to be recorded as voting against the motion.

ITEM NO:

CEO 01

FILE NO:

135519.2014

SUBJECT:

Cancel the Ordinary Council meeting scheduled for 25 June 2014

RECOMMENDATION

That Council cancel the Ordinary Council meeting scheduled for 25 June 2014.

COUNCIL DECISION

Motion:                         Moved: Mayor Mannoun               Seconded: Clr Hadchiti

That the recommendation be adopted.

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

Clrs Stanley and Shelton asked to be recorded as voting against the motion.

Mayoral Minute

SUBJECT: Sponsorship request to support local children dance at Disneyland

Council has been approached by the Australian Dance and Drama Company seeking sponsorship for 23 Liverpool children to dance at Disneyland in the USA.  The children will also participate in workshops held by Disney Choreographers and the Edge Performing Arts while in the USA.

While fundraising for the tour has been in place over the last 12 months a shortfall in funding still exists.

The Australia Dance and Drama Company has sought help from Council to assist these children for the 5 July – 13 July, 2014 tour to the USA.

Children from this group have performed free of charge at Council’s Australia Day 2014 celebration and at the 2013 Spring Garden Festival at Bigge Park.  The Dance and Drama Company have indicated that the children would be happy to perform at future Liverpool Council sponsored events.

Many of the children touring have conditions ranging from mild cerebral palsy to scoliosis and diabetes.  Dancing assists these children to participate in a normal active lifestyle.

As the children will be touring in early July, I have brought forward this request for sponsorship as an urgent item for consideration by Council.

I propose that sponsorship of $200 per dancer be provided by Council, representing $4,600 in total. 

The Sponsorship is consistent with Council’s Corporate Sponsorship guidelines through its community and social development and cultural development objectives.  While funding can be provided to a for-profit or not-for-profit organisation, I propose that in this case funds be directed to the participating children as below:

·         Denotes life challenge

Motion:                                  Moved: Mayor Mannoun              

That Council

1. Provides sponsorship of $200 to each child participating in the dancing tour arranged by Australian Dance and Drama Company to the USA from 5 July – 13 July, 2014 funded from the Councillor Reserve.

2. Takes up the opportunity for the children from the Australian Dance and Drama Company to perform at upcoming Council events, including the Night Markets.

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

NOTICE OF MOTION

That Council:

1.   Provides a report to the July 2014 (under confidential cover as necessary) a report that details all known areas of concern for current and projected exposure to legal, financial and social liabilities.

2.   The report should advise level of projected exposure, Council's current position and what steps are being taken to address these situations.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1. That Council receives a risk report based on the new Enterprise Risk Management Policy and Strategy, every six months commencing July 2014.

2. The report should advise level of projected exposure, Council's current position and what steps are being taken to address these situations.

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

NOTICE OF MOTION

That Council:

1.   Receives a report at its July 2014 meeting regarding the effectiveness of the subscription to the “Bang the Table” marketing campaign.

2.   Total costs of the initiative; broken up into individual campaigns.

3.   Are Council Officers able to ascertain the effectiveness of the use of this type of marketing to improve Council’s communication with its residents? What has that been?

4.   Effective immediately provides all Councillors with a copy of the campaigns and the questions to be asked before the phone calls take place. (To allow Councillors to deal with feedback by residents effectively).

5.   Approval for all questions by consultation with the Mayor and CEO. 

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That the recommendation be adopted.

 Foreshadowed Motion       Moved: Clr Ristevski           Seconded: Clr Mamone

That Council notes the comments of the Acting Chief Executive Officer (as shown below) and receives and notes the motion only:

Liverpool Listens has been live since May 2014 and evaluation is scheduled in a further 9 months at which time a report will be provided.

Reachtel has been used to trial key events including New Years Eve and the first Night Markets, whilst impact is still being ascertained anecdotal evidence shows a raised awareness.  

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

The foreshadowed motion moved by Clr Ristevski then became the motion and on being put to the meeting was declared CARRIED.

NOTICE OF MOTION

That Council:

1.   Provides a report to the July 2014 Council meeting detailing the current operation of CCTV and Wi-Fi in the CBD.

2.   The report should discuss (but not limited to):

a)   Total spending to date

b)   Funding sources and how money has been allocated

c)   Details of any grant applications (whether successful or not) that may have been made to assist Council to set up and run CCTV

d)   Estimates of yearly maintenance and other costs that affect Council Budget.

e)   effectiveness of the initiative.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That the recommendation be adopted.

Foreshadowed Motion        Moved: Clr Hadid                 Seconded: Clr Ristevski

That Council notes the comments of the Acting Chief Executive Officer (as shown in the Council Agenda) and receives and notes the motion with an evaluation report to be prepared within 3 to 6 months.

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

The foreshadowed motion moved by Clr Hadid then became the motion and on being put to the meeting was declared CARRIED.

NOTICE OF MOTION

That Council:

1.   Saves the recordings of Council meetings for 6 months after the confirmations of the Minutes of that meeting.

2.   Updates the Code of Meetings Practice page 15 at 21.7 to read:

21.7. For the purposes of compiling the minutes of meetings, each meeting shall be recorded, with the recordings kept, other than by resolution of Council, for six months after the minutes of that meeting are confirmed by Council and the recordings must be disposed of in accordance with the General Records Disposal Schedule for Local Government.

3.   Updates any other relevant Council Policy documents to reflect these changes.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.   Saves the recordings of Council meetings for a four year rolling period.

2.   Updates the Code of Meetings Practice page 15 at 21.7 to read:

21.7. For the purposes of compiling the minutes of meetings, each meeting shall be recorded, with the recordings kept, other than by resolution of Council, for a four year rolling period after the minutes of that meeting are confirmed by Council and the recordings must be disposed of in accordance with the General Records Disposal Schedule for Local Government.

3.  Updates any other relevant Council Policy documents to reflect these changes.

4. Staff prepare a report to Council on the feasibility of introducing full web broadcasting of Council meetings and their availability as a podcast as practiced by a number of NSW Councils.

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

NOTICE OF MOTION

That Council:

1.   Congratulates Councillor Waller on her service to the Australian Local Government Women’s Association and appointment to the NSW Executive.

2.   Extends the Councillor expenses policy to cover the reasonable costs of travel and accommodation to attend Australian Local Government Women’s Association meetings for the one year term.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley                        Seconded: Clr Hadchiti

That Council:

1.   Congratulates Councillor Waller on her service to the Australian Local Government Women’s Association and appointment to the NSW Executive.

1. Extends the Civic Expenses and Facilities Policy to cover the reasonable costs of travel and accommodation to attend Australian Local Government Women’s Association meetings for the one year term.

3.   Extends the Civic Expenses and Facilities Expenses Policy point 4.10.1 to read: “Any interstate travel to be approved by the Chief Executive Officer.”

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

RECOMMENDATION

That Council approves Development Application DA-908/2013 for a facilitating Torrens title subdivision creating two allotments, subject to the recommended conditions attached to the Council officer’s IHAP report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approves Development Application DA-1281/2013, subject to the recommended  conditions attached to the Council officers IHAP Report and as modified by IHAP and the Council officer as follows:

B.     PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

2a.     The proposed concrete driveway shall be located adjacent to the proposed boundary      with proposed Lot 2 and a 600mm wide landscape strip be created between the      proposed driveway and the boundary to the property to the north-west.

2b.     A detailed landscape plan shall be submitted to the satisfaction of the PCA, prior to issue of any construction certificate.

2c.     The proposed allotment boundary of the battle-axe    handle where it traverses the          shared driveway, should be maintained at 3 metres wide     with a right of carriageway in           favour of proposed lot 2 where it overlaps the driveway of        the existing dwelling.

E.      PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

38a. The proposed driveway and landscaping should be constructed and installed prior to release of a subdivision certificate to ensure early establishment of landscaping.

42a. The following restriction as to user must be placed over proposed Lot 1 to benefit Lot 2. 

        Details shall be submitted with the application for a Subdivision Certificate.

(a)     A right of carriageway in favour of Lot 2 must be provided where it overlaps the

         driveway of the existing dwelling on Lot 1.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.       Approves Development Application No. DA-1413/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report

2.       Notify in writing, the persons who made a submission with regard to the proposed development.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.   Approves Development  Application DA-1291/2013, subject to the recommended conditions attached to the Council officer’s IHAP Report and as modified by the following additional changes:

a.   Delete Condition 19 as contained within the IHAP report.

b.   Insert the following new condition to be satisfied prior to the issue of a Subdivision Certificate:

“Lot 12 and Lot 13 shall each be burdened by a restriction on the use of land which states that the burdened lots have no building entitlement. The 88B Instrument shall state that each restriction on the use of land shall not be extinguished or altered without the written consent of Liverpool City Council”.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council receive and note this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ristevski

1. That Council receive and note this report.

2. That Councillors receive an update at a Councillor Briefing Session on what other Councils are doing to preference their local businesses.

3. That Council designate an appropriate officer for contact and advice to local businesses interested in providing goods and services to Council and establishes an annual workshop on how to do business with Council with particular advice on applying for Council tenders

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

Mayor Mannoun left the Chambers at 6.57pm.

Deputy Mayor Hadid took the Chair.

Mayor Mannoun returned to the Chambers at 7.00pm.

RECOMMENDATION

That the arrangement suggested in the confidential report be adopted by Council and it remain confidential pursuant to the provisions of Section 10A(2)(a) of the Local Government Act 1993 as it contains personnel matters concerning particular individuals (other than Councillors).

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Karnib

That the recommendation be adopted.

Foreshadowed Motion:        Moved: Clr Hadchiti                     Seconded: Clr Ristevski

That Council receive and note the report.

On being put to the meeting the motion from Clr Hadid was declared CARRIED and the foreshadowed motion from Clr Hadchiti lapsed.

RECOMMENDATION

That:

1.   Council nominates up to 11 delegates to attend the 2014 Local Government New South Wales Annual Conference to vote on motions.

2.    Council staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference. 

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

That:

1.   Council nominates up to 11 delegates to attend the 2014 Local Government New South Wales Annual Conference to vote on motions.

2.   Council staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference with the issue of trailer parking on residential streets to be one of the motions to be prepared.

3.   Interested Councillors wishing to attend the Conference to contact the Chief Executive Officer’s Office by Friday, 27 June 2014.

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

RECOMMENDATION

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Hadid

That Council adopts the revised Councillor Access to Information and Interaction with Staff Policy subject to the following changes:

1. The response times referred to in the Policy for Mayoral, Deputy Mayor and  Councillor requests be changed to two ordinary days.

2. A definition of the word “response” be included in the Policy.

3. The Chief Executive Officer to review the current system and report back to Council.

4. Point 4.8.3 of the Policy which deals with inappropriate interactions and currently reads:

                   “The following interactions are inappropriate:

4.8.3. The Mayor or Councillors approaching staff outside the Council building or outside hours of work to discuss Council business.”

To be deleted from the policy.

Foreshadowed Motion        Moved: Clr Shelton              Seconded: Clr Stanley

That the recommendation be adopted.

On being put to the meeting the motion from Clr Hadchiti was declared CARRIED and the foreshadowed motion from Clr Shelton lapsed.

Clrs Shelton and Stanley asked to be recorded as voting against the motion.

RECOMMENDATION

That Council receives and notes the report.

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.

RECOMMENDATION

That Council:

1.       Adopts the 2013-17 Delivery Program and 2014-15 Operational Plan with the changes outlined in this report.

2.       Makes the rates and charges for the financial year commencing 1 July 2014 as outlined in the Statement of Revenue Policy and exhibited in the draft Delivery Program and Operational Plan.

3.       Approves the fees and charges outlined below to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made:

3.1     Attached changes to the fee structure for onsite sewerage fees.

3.2     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 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

3.3     Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

4.   Writes to the individuals and groups who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

That Council:

1.       Adopts the 2013-17 Delivery Program and 2014-15 Operational Plan with the changes outlined in this report.

2.       Makes the rates and charges for the financial year commencing 1 July 2014 as outlined in the Statement of Revenue Policy and exhibited in the draft Delivery Program and Operational Plan.

3.       Approves the fees and charges outlined below to be placed on public exhibition for 28 days and that a further report to Council be provided with any submissions made:

3.1     Attached changes to the fee structure for onsite sewerage fees.

3.2     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 and 10A Commercial over $5,000 if the application is lodged as a combined Development Application and Construction Certificate including registration.

3.3     Change in cost of after-hours venue hire for the Michael Wenden Aquatic Leisure Centre from not applicable in 2013-14 to subject to negotiation in 2014-15.

3.4    Delete the Busking Permit Fee.

4.    Writes to the individuals and groups who provided a submission, thanking them for their submission and provides a response to their feedback and, or comments.

5.   That Council review its hoarding fees and any methodology used to come up with that figure and compare them with other Councils hoarding fees and provide a report back to Council.

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

Division Called:

Vote for:             Mayor Mannoun

Clr Hadchiti

Clr Hadid

Clr Mamone

Clr Ristevski

Vote Against:     Clr Harle

Clr Karnib

Clr Shelton

                             Clr Stanley

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

That the recommendation be adopted.

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

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 Shelton              Seconded: Clr Karnib

That Council:

1.       Accept the Tender from Alpine Nurseries Pty Ltd, Green Leisure Group, Greenhaven Garden Centre, Greening Australia NSW, Muru Mittigar Pty Ltd, Toolijooa Pty Ltd for Tender ST2248 Tree and Shrub Supply and Delivery for an initial 2 year contract term with the option of extending 3 times for 12 months each.

2.       Makes public its decision regarding tender ST2248 - Tree and Shrub Supply and Delivery.

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.

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

Councillors voted unanimously for this motion.

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 Stanley              Seconded: Clr Harle

That Council deal with this matter at the end of the meeting in Closed Session.

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

RECOMMENDATION

That Council:

1.       Acknowledges the win of two 2014 Local Government Arts and Culture Awards.

2.       Thank staff at Casula Powerhouse Arts Centre for their work.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.       Approve a three-year license from 1 July 2014 for Disability South West Limited (Noah’s Ark Toy Library) to use the City Library Orange Room for service delivery.

2.       Approve the waiver of normal rental fees for the period of this license.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1. Approve a three-year license from 1 July 2014 for Disability South West Limited (Noah’s Ark Toy Library) to use the City Library Orange Room for service delivery.

2. Approve the waiver of normal rental fees for the period of this license.

3. Note the savings it’s experiencing by not having to provide a toy borrowing service as this I being provided by Noah’s Ark Toy Library.

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

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

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

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:

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Mayor Mannoun

That the recommendation be adopted.

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

RECOMMENDATION

That Council approves and endorses the nominations of the selection panel for the new Liverpool Youth Council for the 2014-2016 term (confidential report attached with the applicants’ details).

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Harle

That Council endorses the following young people as members of the Liverpool Youth Council for the 2014-2016 term.

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

RECOMMENDATION

That Council adopt the Draft Risk Management Policy and Risk Management Framework.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Karnib

1.    That Council adopt the Draft Risk Management Policy and Risk Management Framework.

2.    That the Risk Management Committee referred to in the Policy be a Committee of Council and a Charter be brought back to Council for adoption.

Foreshadowed Motion:       Moved: Clr Stanley                        Seconded: Clr Karnib

That Council defer adoption of the Risk Management Policy until further information is brought back to Council in July 2014 in relation to the Risk Management Committee, which shall consist of a majority of professional staff members of Council together with Councillor members.

On being put to the meeting the motion from Mayor Mannoun was declared LOST.

The foreshadowed motion from Clr Stanley became the motion and on being put to the meeting was declared CARRIED.

Mayor Mannoun called for recess of Council at 8.02pm.

Mayor Mannoun resumed the meeting at 8.15pm.

RECOMMENDATION

That Council:

1.       Notes that the Rail Corporation of New South Wales are compulsory acquiring a part of Lot 10 DP 881265, Mill Park, comprising an area of approximately 21.3 square metres for the purposes of enclosing a critical piece of railway infrastructure;

2.       Notes that in accordance with the Land Acquisition (Just Terms Compensation) Act 1991, the compensation amount payable to Council will be determined by the Valuer General;

3.       Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision;

4.       Transfers the compensation amount into the Property Development Reserve;

5.       Notes that a follow up report will be submitted to Council advising of the compensation amount determined by the Valuer General.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Stanley

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Receives and notes this report.

2.       Proceeds with the proposed amendments as advertised.

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.

RECOMMENDATION

That Council:

1.   Notes this report.

2.   Resolves to fix the fees payable to the Mayor and Councillors for the period 1 July 2014 to 30 June 2015 in accordance with the maximum for a Metropolitan Centre as determined by the Local Government Remuneration Tribunal on 24 April 2014.

3.   Adopts the Civic Expenses and Facilities Policy attached to this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

That Council:

1. Notes this report.

2. Resolves to fix the fees payable to the Mayor and Councillors for the period 1 July 2014 to 30 June 2015 in accordance with the maximum for a Metropolitan Centre as determined by the Local Government Remuneration Tribunal on 24 April 2014.

3. Adopts the Civic Expenses and Facilities Policy attached to this report subject to the following change:

Remove “Senior Advisor” from Point 4.4.2(d) of the Policy.

Foreshadowed Motion:     Moved: Mayor Mannoun   Seconded: Clr Hadchiti

That the recommendation be adopted with the addition to Clause 4.10.1 as referred to below:

Note: During Item NOM 05 of this meeting (on page 12 of these minutes), Council adopted a further change to the Policy as outlined below:

          “Council extends the Civic Expenses and Facilities Policy point 4.10.1 to read:

          Any interstate travel to be approved by the Chief Executive Officer.”

On being put to the meeting the motion moved by Clr Harle was declared LOST.

Clrs Shelton and Stanley asked that they be recorded as voting for the motion.

The foreshadowed motion from Mayor Mannoun then became the motion and on being put to the meeting was declared CARRIED.

Clrs Shelton and Stanley asked that they be recorded as voting against the motion.

RECOMMENDATION

That Council:

1.   Declines to accept any of the tenders for Tender ST2329 - Liverpool LGA Traffic and Transport Study.

2.   In accordance with Section 178, Clause 3(a) of the Local Government Act (General) Regulation 2005, postpones the proposal for the contract.

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.

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council receives and notes the contents of this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1. Accepts 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 ta confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

That Council:

1.   Accepts the quote from Integral Electrical Engineering Co. Pty Ltd for Quote PQ2347 Replacement of Air Conditioning System at Hilda Davis Community Centre for the lump sum price of $178,228 plus GST.

2.   Makes public its decision regarding quote PQ2347 - Replacement of Air Conditioning System at Hilda Davis Community Centre.

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 quote, 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.

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 Hadid                 Seconded: Clr Harle

That Council:

1. Accepts the Tender submission from Civil Constructions Pty Ltd for WT2348 -Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea for the price of $3,512,345.45 plus GST.

2. Makes public its decision regarding WT2348 – Construction of Amalfi Park Detention Basin, Graham Avenue, Lurnea

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.

RECOMMENDATION

That Council:

1.       Endorses the Sydney Water Site Planning Proposal (Amendment No. 50) to be forwarded to NSW Planning and Environment seeking Gateway determination.

2.       Subject to Gateway approval, proceeds with public authority consultation and public exhibition in accordance with the determination.

3.       Notes that the outcomes of public authority consultation and public exhibition will be reported to council in future.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Karnib

Council defer the matter for further information and a report back to Council.

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

Vote for:              Mayor Mannoun

                             Clr Hadchiti

                             Clr Hadid

                             Clr Harle

                             Clr Karnib

                             Clr Mamone

                             Clr Ristevski

                             Clr Shelton

Vote against: Clr Stanley

RECOMMENDATION

That Council:

1.       Resolves to prepare and publicly exhibit an amendment to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979.

2.       Receives a future report considering the comments received during public exhibition.

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.

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.       Adopt Draft Liverpool Local Environmental Plan 2008 (Amendment No 42) and forward the plan to NSW Planning and Environment requesting notification (gazettal) of the amendment.

2.       Adopt Draft Liverpool Development Control Plan 2008 (Amendment No 12), to come into effect as at its notification in the local paper.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Karnib

That the recommendation be adopted.

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

Vote for:             Mayor Mannoun

                             Clr Hadchiti

                             Clr Hadid

                             Clr Harle

                             Clr Karnib

                             Clr Mamone

                             Clr Ristevski

                             Clr Shelton

Vote against:      Clr Stanley

RECOMMENDATION

That Council adopts Amendment 13 to the Liverpool Development Control Plan 2008 in accordance with the section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect upon the publication of a public notice in the local paper.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Ristevski

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.       Accept the Tender WIK proposal by the developer subject to capping the WIK credit to the amounts indicated on the Liverpool Contributions Plan 2009.

2.       Notes that the Executive Director will finalise and sign a WIK agreement in accordance with the delegated authority.

3.       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 Harle                  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.

RECOMMENDATION

That Council:

1.   Notes the background information in this report and the options discussed.

2.   Endorses Option 1 for a trial period of 3 months commencing on Saturday 5 July at an estimated cost of $8000.

3.   Directs that the trial be funded from operational budget savings to be allocated at the first quarterly review.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Ristevski

That the recommendation be adopted.

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

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.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

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.       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.

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

Councillors voted unanimously for this motion

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014.

2. Note that the Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 8 May 2014.

2. Note that the Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

3. That the committee be invited to provide to Council a schedule of recurring annual events and anticipated costs.

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

RECOMMENDATION

That Council:

1.       Receives and notes the Minutes of the Liverpool Youth Council held on Tuesday 6 May 2014.

2.       Notes that the Minutes identify a number of actions that require Council staff to undertake. Furthermore notes that funding for the Liverpool Youth Council is allocated within the budget of the Community Development Unit.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Receives and notes the Minutes of the Local Traffic Committee Meeting held on 14 May 2014.

2.       Adopts the following recommendations of the Local Traffic Committee meeting:

          Item 1    Pine Road, Casula - Proposed road closure of the section close to the Hume Highway

i.   Approves the proposed full road closure of the section of Pine Road, between the BP Service Station driveway off Pine Road and the Hume Highway, Casula and associated road works i.e. extension of Ingham Drive to the Hume Highway and realignment of Pine Road, to connect to the proposed Ingham Drive extension. 

ii.  Advises all stakeholders of the outcome.

          Item 2    Macquarie Street, Liverpool – Review of on-street parking after hours 

i.   Approves amendment of the existing No Stopping zone from full time No Stopping to No Stopping 5:00am-7:00pm between 333 to 345 Macquarie Street (for a distance of approximately 42m) for a trial period of six months.  The outcome of the trial period to be reported to the LTC.

ii.  Advises all stakeholders of the outcome.

          Item 3      Quadrat Lane, Sadleir – Request for Children’s Crossing outside Sadleir Public School

i.   Approves the installation of Children’s Crossing on Quadrat Lane, Sadleir outside Sadleir Public School.

ii.  Sadleir Public School be notified and be requested to sign the Children’s Crossing Flags Agreement.

          Item 4    George Street, Liverpool – Proposed Special Event (Starry Sari Night)

i.   Approves the proposed road event (for 2014 and 2015) as Class 2 Special Events with the following requirements:

·      Submission of a Special Events Traffic Management Plan with associated traffic control plan to RMS for endorsement.

·      Advertising of the event and the proposed temporary road closures of the events at least 28 days prior to the event.

·      Certificate of currency, with RMS and the Police indemnified.

·      Consultation with the Police. 

·      Appropriate consultation with local bus operators and emergency access.

          Item 5    Nuwarra Road and Marshall Avenue Intersection, Moorebank – Review of Intersection Control

i.   Approves the installation of an advisory sign “Do Not Queue Across Intersection” (G9–237) on Nuwarra Road at its intersection with Marshall Avenue for westbound motorists as per RMS guidelines.

ii.  Advises all stakeholders of the outcome.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1.       Receives and notes the Minutes of the Local Traffic Committee Meeting held on 14 May 2014.

2.       Adopts the following recommendations of the Local Traffic Committee meeting:

          Item 1    Pine Road, Casula - Proposed road closure of the section close to the Hume Highway

i.   Approves the proposed full road closure of the section of Pine Road, between the BP Service Station driveway off Pine Road and the Hume Highway, Casula and associated road works i.e. extension of Ingham Drive to the Hume Highway and realignment of Pine Road, to connect to the proposed Ingham Drive extension. 

ii.  Advises all stakeholders of the outcome.

          Item 2    Macquarie Street, Liverpool – Review of on-street parking after hours 

Note: Council at its meeting on 20 June 2014 did not approve the Traffic Committee’s

          recommendation in relation to this Item and instead resolved:

i.   Approves amendment of the existing No Stopping zone from full time No Stopping to No Stopping 5:00am-8:00pm between 333 to 345 Macquarie Street (for a distance of approximately 42m) for a trial period of six months.  The outcome of the trial period to be reported to the LTC.

ii.  Advises all stakeholders of the outcome.

          Item 3      Quadrat Lane, Sadleir – Request for Children’s Crossing outside Sadleir Public School

i.                      Approves the installation of Children’s Crossing on Quadrat Lane,

Sadleir outside Sadleir Public School.

ii.  Sadleir Public School be notified and be requested to sign the Children’s Crossing Flags Agreement.

          Item 4    George Street, Liverpool – Proposed Special Event (Starry Sari Night)

i.   Approves the proposed road event (for 2014 and 2015) as Class 2 Special Events with the following requirements:

·      Submission of a Special Events Traffic Management Plan with associated traffic control plan to RMS for endorsement.

·      Advertising of the event and the proposed temporary road closures of the events at least 28 days prior to the event.

·      Certificate of currency, with RMS and the Police indemnified.

·      Consultation with the Police. 

·      Appropriate consultation with local bus operators and emergency access.

          Item 5    Nuwarra Road and Marshall Avenue Intersection, Moorebank – Review of Intersection Control

i.   Approves the installation of an advisory sign “Do Not Queue Across Intersection” (G9–237) on Nuwarra Road at its intersection with Marshall Avenue for westbound motorists as per RMS guidelines.

ii.  Advises all stakeholders of the outcome.

Foreshadowed motion:       Moved: Mayor Mannoun               Seconded: Clr Hadchiti

That the recommendation be adopted subject to Item 1 relating to Pine Road Casula being deferred.

On being put to the meeting the motion from Clr Stanley was declared CARRIED.

The foreshadowed motion from Mayor Mannoun therefore lapsed and was not voted on.

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 8 May 2014.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 12 May 2014.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Tourism and Events Committee Meeting held on 4 June 2014.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 June 2014;

2.       Adopts the recommendation put forward in the confidential report provided under separate cover; and

3.       Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1. Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 3 June 2014;

2. Adopts the recommendation put forward in the confidential report provided under separate cover; and

3. Keeps confidential the minutes supplied under separate cover containing information pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 as it contains information that would if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

4. That the minutes in future are provided to Council so that ratepayers are aware of what is discussed at this Committee. Only Items that satisfy Section 10A(2)(c) of the Local Government Act 1993 are to be reported separately. 

5. Notice of meetings of this Committee be given to all Councillors with a minimum of 3 days notice.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Warwick Farm Racing Precinct Steering Committee Meeting held on 3 June 2014.

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.

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 4 June 2014.

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.

RECOMMENDATION

That Council:

1.       Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 June 2014.

2.       Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Bob Evans Park in Moorebank.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Mamone

That Council:

1. Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 June 2014.

2. Allocates $2,650 to be funded from the General Fund for a commemorative naming plaque for Bob Evans Park in Moorebank.

3. Approve the name Gran Sasso Avenue for the street in Edmonson Park referred to in Item 3 of the Minutes.

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

RECOMMENDATION

That Council receives and notes the minutes of the Liverpool City Sports Committee meeting held on 27 March 2014.

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.

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development Committee Meeting held on 4 June 2014.

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.

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 June 2014.

2.   Approves the raising of a $10.7m loan to be serviced from the Town Improvement Fund levy with or without a NSW Government Local Infrastructure Renewal Scheme subsidy to fund a range of Building Our New City projects prioritised through the process facilitated by the NSW Government Architect’s Office.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded:          Clr Shelton

That Council:

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 June 2014.

2.   Defers the raising of a $10.7m loan to be serviced from the Town Improvement Fund levy until such time as costings and plans for the revitalisation project are in place.

Foreshadowed motion:       Moved: Mayor Mannoun     Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the motion moved by Clr Stanley was declared LOST.

Division Called:

Vote for:             Clr Harle

                             Clr Karnib

                             Clr Shelton

                             Clr Stanley

Vote against:      Mayor Mannoun

                              Clr Hadchiti

                              Clr Hadid

                              Clr Mamone

                              Clr Ristevski

The foreshadowed motion then became the motion and on being put to the meeting was declared CARRIED.

Clrs Shelton and Stanley asked to be recorded as voting against the motion (moved by Mayor Mannoun).

RECOMMENDATION

That Council receives and notes the report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

That the recommendation be adopted.

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

QUESTIONS WITH NOTICE

Please address the following:

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

Five bus shelters are scheduled to be installed in the 2013-14 program year. A contract is being awarded for the fabrication and installation of the bus shelters and at this stage, the shelters are expected to be installed by August 2014.

2. What are their locations?

·         Cowpasture Road, Hinchinbrook - on the eastern side approximately 50m south of Collarenebri Rd;

·         Mannow Avenue, West Hoxton - on the southern side approximately 50m west of Tunnack Close;

·         Greenway Drive, West Hoxton - on the northern side approximately 70m west of Carmichael Drive;

·         Joshua Moore Drive, Horningsea Park - on the northern side approximately 45m east of Cowpasture Rd; and

·         Hoxton Park Road, Hoxton Park - on the northern side approximately 50m east of Glen Innes Rd.

3. Is there any back log from previous years?

In response to a significant demand for bus shelters, Council has developed a city wide priority program for the progressive installation of bus shelters, which aims to provide over 40 shelters in the short to medium term. However, due to competing priorities and constrained budgets, only limited funding is able to be directed towards bus shelters, which has created a backlog of the above 40 shelters.

The need for bus shelters is identified in consultation with the community and bus operators. The ranking of priority for the provision of bus shelters is generally based on the following factors:

proposed location of shelter - bus stops adjoining high pedestrian and patron generating facilities will be ranked higher .e.g. schools, shopping centres, aged care facilities and community facilities; and

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

Three bus shelters are planned to be installed in the 2014-2015 program year.

5. Where are new bus shelters to be located?

·         Heckenberg Rd, Sadleir - on the southern side at 87 Heckenberg Rd;

·         Leacocks Lane, Casula - on the western side approximately 45m west of Roberts Rd; and

·         Middleton Grange - location to be confirmed following further investigation.

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

Shelters will be provided in both new release and established areas of Liverpool.

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

The estimated cost to supply and install new bus shelters ranges between $20,000 and $25,000 depending on extent of site works required to provide fully accessible bus stops. Shelters cost approximately $18,000.

QUESTIONS WITH NOTICE

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?

Signage has been erected that indicates that amplified music is not permitted without approval from Council, and Counci’s Compliance Officers attend the site in response to complaints. Council officers have also had discussions with NSW Police, Liverpool Local Area Command (LAC).

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?

As noted in response to Question 1 above, there are signs in the park advising that amplified music is not permitted except with Council approval.

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?

A number of complaints have been made this year regarding large groups playing music in the park. Council officers have responded as noted above. It is noted that the complaints have been made by one resident.

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?

Council’s Compliance Officers currently attend the site in response to calls to the after-hours pager, as resources allow. During the period October 2013 to March 2014, rangers were rostered to attend the site three times on Saturdays and Sundays. As noted in the memo to Councillors in Attachment B, the regular patrols ceased in March 2014.

5. Have Rangers asked Police for assistance when complaints have been received from nearby residents and if so, what was the response?

Liverpool police have been contacted on several occasions to assist officers attending the site. The police have advised they cannot prioritise noise complaints over more serious crime matters. However, in recent discussions, Liverpool LAC has advised that if Council officers are unable to resolve a situation in the park, they should return to seek police assistance in person. Subject to available resources, police will accompany Council officers to assist if the circumstances warrant it.

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?

Council’s Recreation section advises that the booking arrangements do not involve the issue of a formal permits. The users are not given exclusive use of an area of any park. No approvals have been issued for use of this part of Black Muscat Park and no approvals have been issued to allow for the use of amplified music or 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?

Council’s Recreation section is unaware of such practices.

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.

Council’s Recreation section is unaware of such practices.

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?

Council’s Coordinator Facility Maintenance Programs advises that unless affected by vandalism or improper use, the toilets in the Chipping Norton Recreation area are adequate for the numbers that use the facilities.

Two years ago Council was fixing problems with the toilets at Black Muscat and Homestead Parks every week. Works have been carried out since then to reduce the impact of improper use of the toilets on their function. For example the tank at Black Muscat was failing continually because people were putting items like nappies down the toilet. A secondary tank has now been installed so these bulky items stay in the first tank and pump out occurs from the second tank. Homestead Park toilets have now been improved so it pumps directly to  sewer. The only major incident in the past few years occurred recently when the pump failed due to an electrical fault and toilets had to be closed until the new pump was available.

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?

Two Compliance Officers allocated to the park for five hours on a Saturday and Sunday would cost in the range of $925 to $1,110 (depending on the hourly rate of the officer). However, these officers would need to be in addition to normal rostering requirements on weekends for compliance and enforcement activities across the LGA. Additional resources would be needed. The cost of two security guards for five hours each day for Saturday and Sunday would be $660 total.

QUESTIONS WITH NOTICE

Please address the following:

1. Have staff had an opportunity to look at the ramifications of changes and funding cuts in the Federal Budget

2. Can I be advised what the budget will mean for:

a)    The Pensioner rate subsidies?

b)    Road upgrades and works for the next budget.

c)    Any other known changes that may affect ratepayers or Liverpool plans or projects.

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

Clr Stanley requested a response to be provided to Councillors before the next Council meeting.

CONFIRMATION OF MINUTES

Motion                                   Moved: Mayor Mannoun     Seconded: Clr Harle

That the minutes of the Extraordinary Meeting held on 27 May 2014 and the Ordinary Meeting held on 28 May 2014 be confirmed as a true record of those meetings.

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

Motion                              Moved: Mayor Mannoun

That Council:

1.    Move into Closed Session to consider the Item GMCP 02.

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:

s10A(2)(d)(i) 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.

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

Council moved into Closed Session at 9.36pm. The public and the media left the Chambers.

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 9.38pm.

ITEM NO:

GMCP 02

FILE NO:

102330.2014

SUBJECT:

ST2328 - Supply and Delivery of Two (2) Wood Chippers

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 Harle                  Seconded: Clr Shelton

That Council:

1. Accept the Tender from Mariott Tree Equipment Pty Ltd T/A Bandit Tree Equipment for the Supply and Delivery of Two (2) Wood Chippers for the lump sum price of $177,600 inclusive of GST.

2. Makes public its decision regarding tender ST2328 -. Supply and Delivery of Two (2) Wood Chippers

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.

That Council:

1.   Investigates options to provide more Bus Shelters in Liverpool to reduce current back log by:

a)   increasing the number of sponsored or advertising shelters

b)   more cost effective design solutions

c)   exploring grant sources 

d)   commit budget to reduce the back log of bus shelters by no less than 10 each year over the next 5 years commencing with the 2015-16 budget year

e)   increase the number of bus shelters provided 2014-15 if changes to design can reduce the cost of shelters

2.    Provide a report to Council for its September 2014 meeting discussing the findings of this motion.

That Council:

1.   Views with serious concern the decision by the NSW government to defund the Liverpool Youth Refuge.

2.   Views with concern the defunding of other specialist homeless services through both Liverpool and New South Wales and issues and hardship that will cause.

3.   Writes to other services in Liverpool to ascertain how they have been effected by the changes in the funding model by the State Government and advocates similarly for all services.

4.   Provides a report to the next Council meeting detailing other effected services.

5.   Resolves to write to the Minister for Family and Community Services and the Premier of NSW expressing Council's strong opposition to the defunding of this service and calling on the government to reconsider its decision to defund the Liverpool Youth Refugee and all other effected services in Liverpool LGA; noting this motion.

6.   To show Council's commitment to this service provide a one off grant of $50, 000 from the Councillor reserve to assist the Liverpool Youth Refuge provide services for the youth of Liverpool if the NSW Government reconsiders its decision and decides to fund the service.

7.    Write to all local members of Parliament in the Liverpool area seeking their support to lobby Minister and Premier to reconsider this decision.

1.View

South Western Sydney SHS Tender Outcome factsheet

83

NOM 02

Youth Homeless Services in Liverpool

Attachment 1

South Western Sydney SHS Tender Outcome factsheet

1.   In order for Councillors to meet their due diligence and statutory obligations, Council and IHAP suspend consideration of DA (1454/2013) – Hume Hwy Hotel Casula until it obtains and provides Councillors with:

a)   Independent advice from the CEO of ILGA as to the capacity/obligations Councils have to consider the social impacts of liquor related developments. Is the consideration of the general social impact of liquor related DAs and s96 amendments the sole prerogative of OLGR or ILGA?

b)   Information from Police on the legal compliance record for all De Angelis group hotels, the number of alcohol reported incidents within each hotel and the number and type of alcohol related incidents that are linked to the hotels’ patrons after they leave those licensed premises (contained in COPS linking data).

c)   Advice from FACS as to their intentions for the ongoing provision of emergency/crisis public accommodation provided on site at the Fontainebleau Motel (or elsewhere) – location of the proposed Hume Hwy hotel.

d)   Advice from the owner and Council of the intended use of the heritage important Commercial Hotel – Liverpool if their liquor and poker machine licensees were to be removed to the proposed Hume Hwy hotel.

2.   Council notes that the substantial disproportionate negative social impact the introduction and operation of poker and other gambling machines can have on especially socially disadvantaged communities including migrants and person with English as a Second Language (ESL). In particular, that Liverpool LGA pub poker machines have the highest rate of return (losses to community) before tax in NSW (OLGR) and neighbouring Fairfield LGA has the worst rate of gambling losses in NSW.

To address this problem Council:

a)   Requests the NSW Premier to repeal s209 of the NSW Gaming Machines Act 2001 that precludes Councils from considering the social impact of poker machines imposed upon local communities when determining DA’s and related matters

b)   Requests the NSW Premier to provide local government (that is closest to local communities) the planning powers to consider and determine all aspects of the provision of poker machines and other gambling devices in their LGAs, and notes that this request is consistent with Goal “32” of the NSW State Plan 2021 “Increase the opportunity for people to participate in the way government makes decisions….. devolve decision making as close to the people and places affected by decisions”…

c)   Requests Local Government NSW (formerly the Local Government and Shires Associations of NSW (LGSA) to circulate this motion with a supportive discussion paper to all other Councils to gauge their level of support and response.

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Speech by Dr Andrew McDonald Hansard 17 June 2014

93

NOM 03

Liquor Related Development Applications

Attachment 1

Speech by Dr Andrew McDonald Hansard 17 June 2014

That the charters of all committees of Council be amended such that all Councillors are members of each committee.

That Council:

1.   Notes the 50^th Anniversary of the Quota Club of Liverpool on 18^th July 2014.

2.   Acknowledges the club and its members over the last 50 years for their support of the people of Liverpool.

3.    Writes to the President to acknowledge this milestone, providing a copy of this report and motion.

That Council:

1.   Approves Development Application DA-790/2013 at 41 Greendale Road, Bringelly (Lot 5 DP 252040) for the Stage 2 development of the court approved master plan in DA-394/2011 for a non-denominational cemetery, subject to the recommended conditions of consent.

2.   Notifies in writing, the persons who made a submission with regard to the proposed development.

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Applicant details (Under separate cover)

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IHAP report (Under separate cover)

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IHAP recommendation  (Under separate cover)

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Additional information (Under separate cover)

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Revised conditions of consent (Under separate cover)

That Council approves Development Application DA-105/2014 at 54 Nineteenth Avenue, Hoxton Park (Lot 536 in DP 865435), subject to the recommended conditions contained within Attachment 2 (under separate cover).

PROPOSED LOT NO.

Area (sqm)

Width (m)

1

334

12.0

2

354

12.0

3

374

10.03

4

396

11.43 and splay 6.4

5

356

15.96

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Applicant details (Under separate cover)

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IHAP report (Under separate cover)

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IHAP recommendation (Under separate cover)

That Council:

1.       Approve the application DA-1198/2013, subject to the recommended conditions attached to the IHAP Report and the following amendments to the Draft Determination Notice considered by IHAP:

Amend Draft Condition 1 to read as follows:

1.      Development the subject of this determination notice must be carried out strictly in accordance with Development Application No. DA-1198/2013 lodged on 24 October 2013 and accompanying plans and reports listed below and stamped DA-1198/2013, except where modified by the undermentioned conditions and amendments contained within this condition:

          The following design amendments are required:

·    A minimum of 50% of the rear yard marked on the approved landscape plan as “turf, artificial turf or wetpour rubber”, is to be comprised of permeable landscaping. This shall be situated in such a manner as to ensure the viability of the trees to be retained.

·    The two Pyrus Calleryana provided within the front setback shall be planted with a pot size of 200L.

·    Horizontal sunhoods shall be located above the front windows to the rooms marked as Foyer, Admin and Staff Room. There are to be two continuous sunhoods: one over the windows between the Foyer and the Admin room, and one over all three windows to the Staff Room. The sunhoods are to project one metre from the front wall.

·    The proposed front wall sign shall be located below the first sunhood described above.

Amend Draft Condition 129 to read as follows:

129.    The applicant is to prepare and implement an Operational Traffic Management Plan (OTMP). The OTMP shall incorporate the following:

·    Strategies for information advising parents and care givers of preferred route to the child care centre and the time for pick-up and drop-off, having regard to the Assessment of Traffic and Parking Implications prepared by Traffic Impact Services Pty Ltd and dated October 2013, and having regard for the peak periods of vehicle movement for nearby schools.

·    Strategies for minimising potential queuing when parents drop off and pick up children.

The OTMP shall be implemented on an ongoing basis.

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IHAP Report for DA-1198/2013  (Under separate cover)

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IHAP Recommendation for DA-1198/2013  (Under separate cover)

That Council approve the application to modify DA-693/2009 at 320-400 Badgerys Creek Road, Badgerys Creek (Lot 1 DP 1188956), pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 in the following way:

A.        New Condition 1A is added to Development Consent No. DA-693/2009 to read as follows:

1A.      Consent is granted for the receipt and stockpiling of screened soil to be used in accordance with the requirements of the Sydney Trains Screened Soil Exemption dated February 2014, or a more recent version, as updated by the EPA. The use of the material is subject to the following:

i.      Screened soil must only be used to construct acoustic berms, in accordance with Condition 124 and Condition 125, and to construct visual berms adjacent to the eastern boundary of the site.

ii.     Notwithstanding (i) berms must be finished as indicated within the approved documentation outlined within Condition 1, including the Landscape Plan.

iii.    Measures for controlling the growth of noxious weeds must be implemented in the stockpile locations.

iv.   The quantity of screened soil accepted on site must not exceed 85,000 tonnes.

v.    The material must be stockpiled within the location of proposed Pit 5, and at no time shall exceed 10m in height, or 85m in length.

vi.   The screened soil must be stored in separate stockpiles of a maximum height of 3 meters.

vii.  The storage of screened soil must be carried out in a manner which minimises or prevents the emission of dust from the premises.

viii. The construction of acoustic and visual berms must be carried out in a manner which minimises or prevents the emission of dust from the premises.

ix.   Any unused material must be either transported off site to an industrial site authorised to receive the waste as per the resource recovery exemption, or subsequently applied to land as waste, with any required appropriate levy paid.

B.        Condition 9 is deleted from Development Consent No. DA-693/2009.

C.        Condition 119 is added to Development Consent No. DA-693/2009.

119A.   Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.

119A.   Prior to the issue of an Occupation Certificate, an Environmental Protection License must be obtained from the NSW Environmental Protection Authority. A copy of the Environmental Protection License must be provided to Council.