MINUTES OF THE Ordinary Meeting

HELD ON 24 September 2014

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff Chief Executive Officer

Mr Mathew Walker, Acting Chief Financial Officer

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Gino Belsito, Director City Presentation

Ms Julie Scott, Acting Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

The meeting commenced at 6.10pm

OPENING 6.10pm

PRAYER The prayer of the Council was read by Minister Bruce Hammonds from Liverpool Presbyterian Church.

APOLOGIES Nil

CONDOLENCES

Aunty Heather Thomas

The following information was read by Clr Hadchiti.

The Local Aboriginal Community farewelled late Aunty Heather Thomas on the 15 August 2014. Heather was a local resident and the mother of Mr Jamie Thomas a long serving member of Council’s Aboriginal Consultative Committee. Aunty Heather was an active community member, and advocated on Aboriginal issues in our community in relation to Education, Health and Land rights. Aunty Heather had been quite ill for some time and lost her battle on the 10 August, Jamie was Heather primary carer. She will be sorely missed. The Aboriginal Consultative Committee Members wish to pass on our condolences to Jamie and his family.

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council express its deepest condolences for the recent passing of Aunty Heather Thomas and a letter of condolence be sent to her family.

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

Mr Neil Robert Cox

The following information was read by Mayor Mannoun.

Mr Cox passed away peacefully at Liverpool Hospital on Tuesday 26-8-14, aged 85 years. He was born the second youngest of 9 children on 5-10-1928 in Liverpool Hospital. He attended Prestons Public School and Liverpool Boys High School.

The Cox family settled in Liverpool (from Melbourne) around 1920 and resided at 9 Casula Rd Casula from the early 1920’s until they sold the property in 2010, moving to Prestons. It remained his family home throughout his life until 2010.

He will be sadly missed by his wife of 55 years Margaret (nee Barrett), son Ian & his family (wife Trish, granddaughter Renee and grandson Jon) and daughter Jane & her partner Sue.

Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Council express its deepest condolences for the recent passing of Mr Neil Robert Cox and a letter of condolence be sent to his family.

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

Confirmation of Minutes

That the minutes of the Ordinary Meeting held on 27 August 2014 be confirmed as a true record of that meeting.

Motion: Moved: Clr Hadid Seonded: Clr Harle

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

Declarations of Interest

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Item DCC 02 Donations, Grants and Sponsorships

Reason: Clr Hadchiti’s children participate in the International Sport Karate Association events, which is one of the proposed sponsorship recipients.

Clr Hadchiti left the Chambers for the duration of this Item.

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following Item:

Item DAD 01 Modification to Development Consent No. DA787/2005 pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979. DA787/2005 was approved by Council for the construction of a residential flat building containing a total of 36 residential units. The modification seeks to convert the western part of Basement Level 1 to provide one (1) additional residential unit comprising 3 bedrooms

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Hadchiti remained in the Chambers for the duration of the meeting.

Clr Balloot declared a non-pecuniary, less than significant interest in the following Item:

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Balloot remained in the Chambers for the duration of the meeting.

Clr Mamone declared a non-pecuniary, less than significant interest in the following Item:

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Mamone remained in the Chambers for the duration of the meeting.

Clr Ristevski declared a non-pecuniary, less than significant interest in the following Item:

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Ristevski remained in the Chambers for the duration of the meeting.

Clr Hadid declared a non-pecuniary, less than significant interest in the following Item:

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Clr Hadid remained in the Chambers for the duration of the meeting.

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following Item:

Reason: The NSW Liberal Party rented office space from the applicant during the 2012 Council election campaign.

Mayor Mannoun remained in the Chambers for the duration of the meeting.

Clr Stanley declared a pecuniary interest in the following Item:

Item DPG 04 Proposed Amendment 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings

Reason: Clr Stanley owns property in the vicinity of one of the parks.

Clr Stanley left the Chambers for the duration of this Item.

Public Forum

(Presentation – items not on agenda)

Nil

(Representation – items on agenda)

Nil

MOTION OF URGENCY - Appointment of Uncle Stephen Williams as the NSW Delegate for the National Stolen Generation Alliance

Clr Hadchiti requested that a motion relating to the above matter be dealt with at this meeting as a matter of urgency.

Mayor Mannoun ruled that the proposed business is of great urgency and on being put to the meeting, Council in accordance with Clause 14(2)(a) of the Code of Meeting Practice resolved to deal with the matter at this meeting.

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That Council

Congratulate Uncle Stephen Williams our current Citizen of the Year who was recently appointed as the NSW delegate for the National Stolen Generation Alliance – the peak body for Aboriginal Stolen Generations. Uncle Stephen Williams is 1 of 2 NSW delegates and the only Aboriginal delegate for NSW.

Uncle Stephen Williams has for many years made and continues to make a valuable contribution to the Liverpool LGA.

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

Mayoral Minute

Subject: Donation to the Lawrence family

It was recently brought to my attention by Kerrie Oxlade, President of the Quota Club and June Young, the club’s secretary, that three young local boys Jarrod, Blake, and Dylan Lawrence, ages 19, 16 and 14 respectively have tragically lost both their parents leaving the burden of responsibility for raising the two younger boys to Jarrod the eldest.

These are obviously heartbreaking circumstances for anyone let alone three boys who have their whole lives ahead of them. I understand that Jarrod is currently studying full time to be a primary school teacher while he works part time for a disability organisation. Young Dylan had a tumour removed from his brain two years ago and still needs constant supervision.

From this position of adversity, the boys who live at Wattle Grove have received heart-warming support from the community. A Current Affair, raised awareness when they featured the boys on their television show and enough money was subsequently raised to pay off their mortgage and medical bills.

The Quota Club of Liverpool has requested that Liverpool Council help the boys by adjusting the rates on the Wattle Grove property to the same level as a pensioner rate until such time as the youngest boy is able to commence work. However I believe that Council would support more generous support.

RECOMMENDATION:

That Council:

1. Approves a donation of $6,000 from the Council reserve to be credited against the rates and annual charges for the home of the Lawrence boys commensurate with the value of Council’s full rates per quarter for four years, effective immediately.

2. Expresses its deepest condolences for the recent passing of Mrs Lawrence in tragic circumstances and a letter of condolence be sent to her sons.

3. Thanks the Quota Club of Liverpool for bringing the plight of the Lawrence boys to Council’s attention and a letter of thanks be sent to the president of Quota Club.

Motion: Moved: Mayor Mannoun

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

ITEM NO: NOM 02

FILE NO: 215418.2014

SUBJECT: Wattle Grove Lake

NOTICE OF MOTION

That Council:

1. Allocate $20,000 from Council Reserves to maintenance works, which are not classed as routine maintenance, at Wattle Grove Lake.

2. Report back to a briefing session progress updates and if any extra funds are required.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Shelton

That the Item be deferred to the October Council meeting for a report to be brought back on a proper understanding of the amount of funds required at Wattle Grove Lake.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That Council:

1. Allocate $40,000 from Council Reserves to maintenance works, which are not classed as routine maintenance, at Wattle Grove Lake.

2. Draft a works plan for any other requirements in the vicinity of Wattle Grove Lake and report back to a Councillor Briefing Session.

3. Report back to a Councillor Briefing Session with progress updates and if any extra funds are required.

On being put to the meeting the motion (by Clr Stanley) was declared LOST. The foreshadowed motion (by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

Division called:

Vote for: Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Mamone

Clr Ristevski

Clr Waller

Vote against: Clr Karnib

Clr Shelton

Clr Stanley

ITEM NO: NOM 03

FILE NO: 215465.2014

SUBJECT: John Edmondson VC Statue

NOTICE OF MOTION

That Council:

1. Request from the developer of Edmondson Park that they make available a prominent position for the erection of bronze statue and citation plaque within the town centre and a financial contribution towards the statue.

2. If 1 is not forthcoming, request permission from the State Government to erect the statue within the rail station forecourt.

3. Seek funding from the Federal Governments 'Saluting their Service ' commemorative grants scheme and any grant funding from the State or Federal Government or local associations/clubs.

4. Contribute $20,000 initially from the Council Reserve towards the statue.

5. Report back to a briefing session in due course on any progress.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That Council:

2. If 1 is not forthcoming, request permission from the State Government to erect the statue within the rail station forecourt.

3. Seek funding from the Federal Governments 'Saluting their Service' commemorative grants scheme and any grant funding from the State or Federal Government or local associations/clubs.

4. Erect a statue to celebrate Mr Les Walters in the Les Walters Estate as a sign of respect for Les Walters service as a local Aboriginal person who served as a fighter pillot in World War Two

5. Contribute $30,000 initially from the Council Reserve towards the statues.

6. Report back to a Councillor Briefing Session in due course on any progress.

Amendment: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

2. If 1 is not forthcoming, request permission from the State Government to erect the statue within the rail station forecourt.

3. Seek funding from the Federal Governments 'Saluting their Service ' commemorative grants scheme and any grant funding from the State or Federal Government or local associations/clubs.

4. Contribute $20,000 initially from the Council Reserve towards the statue.

5. Report back to a Councillor Briefing Session in due course on any progress.

6. Prepare a report for the next Council meeting giving the history of Len Walters in order for it to be acknowledged on the Council records including the erection of a statue and associated funding.

On being put to the meeting the Amendment (by Clr Hadchiti) was declared CARRIED.

Division called:

Vote for: Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Mamone

Clr Ristevski

Clr Shelton

Clr Stanley

Vote against: Clr Karnib

Clr Waller

BRING FORWARD AN AGENDA ITEM

Motion Moved: Mayor Mannoun Seconded: Clr Hadchiti

That Items CFO 07 and CFO 08 be brought forward and heard now.

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

ITEM NO: CFO 07

FILE NO: 205880.2014

SUBJECT: Referral of Council's 2013/2014 Financial Reports to Audit

RECOMMENDATION

That Council refers the draft financial reports for audit by completing the attached statements.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Waller

That the recommendation be adopted.

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

Clr Balloot left the Chambers at 7.20pm.

ITEM NO: CFO 02

FILE NO: 183175.2014

SUBJECT: Review of Code of Meeting Practice - Webcasting

RECOMMENDATION

That Council:

1. Receives and notes this report;

2. Gives public notice of the revised Code;

3. Places the revised Code on exhibition for a period of 28 days;

4. Receives submissions for a period of not less than 42 days after the date on which the revised Code is placed on public exhibition;

5. Be provided with a further report following the receipt and review of any public submissions to the Code.

COUNCIL DECISION

Motion: Moved: Clr Stanley Seconded: Clr Karnib

That Council:

1. Notes this report and defers action until such time as:

a) Independent legal advice has been obtained and provided to Councillors by an experienced legal practitioner in matters of electronic media and web-casting (under confidential cover as necessary).

2. Legal advice should include but not be limited to:

i. Potential liabilities for Councillors

ii. Restriction of use of broadcast (is it possible and under what circumstances)

iii. Use of images by Council, Councillors and third parties and when such use is acceptable.

iv. Suggested changes for the Code of Meeting Practice to address any suggestions made as a result of the advice.

3. Reports amendments to the Code of Meeting Practice which addresses the legal advice obtained to the next Council meeting. These amendments should detail what is acceptable (and what is not) and to whom delegation is given to approve any access and further details how such a policy will be administered and reported to Council.

Foreshadowed Motion: Moved: Clr Mamone Seconded: Clr Shelton

That Council receives and notes the report.

On being put to the meeting the motion (by Clr Stanley) was declared LOST. The foreshadowed motion (by Clr Mamone) then became the motion, and on being put to the meeting was declared CARRIED.

Clr Balloot returned to the Chambers at 7.21pm.

ITEM NO: CFO 09

FILE NO: 204729.2014

SUBJECT: Appointment of Councillors to Committees and Affiliated Bodies

RECOMMENDATION

That Council:

1. Appoints Councillors as representatives to the following Committees for the period to September 2015:

a. Aboriginal Consultative Committee

b. Badgerys Creek Taskforce

c. Budget and Finance Committee

d. Building our New City

e. Casula Powerhouse Arts Centre Board

f. Economic Development and Events

g. Environment Advisory Committee

h. Ethics and Audit Committee

i. Floodplain Management Committee

j. Heritage Advisory Committee

k. Liverpool Access Committee

l. Liverpool Sports Committee

m. Master Plan Steering Committee

n. Multicultural Advisory Committee

o. No Intermodal Committee

p. Order of Liverpool Awards Committee

q. Street Naming Committee

r. Warwick Farm Racing Precinct Steering Committee

s. Youth Council

2. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2015:

a. Westpool

b. Western Sydney Regional Organisation of Councils

c. Liverpool Migrant Resource Centre

d. Macarthur/Liverpool Community Relations Commission Regional Advisory Council

e. Georges River Combined Councils Committee

f. The South West Sydney Academy of Sport

g. Joint Regional Planning Panel

h. Liverpool Traffic Committee

i. Macarthur Bushfire Management Committee

j. Macarthur Zone Bushfire Liaison Committee

k. NSW Metropolitan Public Libraries Association

l. Floodplain Management Association

COUNCIL DECISION

Motion: Moved: Clr Balloot Seconded: Clr Ristevski

That Council moves:

1. The following appointments and changes to External and Internal Committees and Affiliated Bodies.

2. Amends Committee charters to reflect changes to composition and quorums as noted.

3. For internal Council Committees note that all Councillors are entitled to attend, speak and participate in Committee deliberations.

COUNCIL COMMITTEES:

Australia Day Awards - Mayor Ned Mannoun or delegate and Deputy Mayor or delegate.

Aboriginal Consultative Committee – Councillor Tony Hadchiti and Councillor Geoff Shelton.

Badgerys Creek Taskforce – Mayor Ned Mannoun, Deputy Mayor, Councillor Mazhar Hadid, Councillor Tony Hadchiti, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Ali Karnib and Councillor Wendy Waller as an alternate.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Budget and Finance Committee – Mayor, Deputy Mayor, Councillor Mazhar Hadid, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Geoff Shelton and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Building Our New City - Mayor, Deputy Mayor, Councillor Mazhar Hadid, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Geoff Shelton and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Casula Powerhouse Arts Centre Board – Councillor Mazhar Hadid and Councillor Wendy Waller.

Economic Development and events Committee – Mayor, Deputy Mayor, Councillor Mazhar Hadid, Councillor Sabrina Mamone, Councillor Gus Balloot, Councillor Geoff Shelton and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and six Councillors and a quorum of two Councillors.

Environmental Advisory Committee – Councillor Peter Harle and Councillor Sabrina Mamone.

Ethics and Audit Committee – Deputy Mayor, Councillor Mazhar Hadid, Councillor Peter Harle.

Heritage Advisory Committee – Councillor Mazhar Hadid.

Liverpool Access Committee – Councillor Wendy Waller.

Liverpool Sports Committee – Mayor Ned Mannoun and delegate Councillor Mazhar Hadid and Councillor Gus Balloot.

Master Plan Steering Committee - Mayor Ned Mannoun, Deputy Mayor, Councillor Mazhar Hadid, Councillor Tony Hadchitti, Councillor Gus Balloot and Councillor Peter Harle.

Amend the charter to reflect membership of Mayor and five Councillors and a quorum of two Councillors.

Multicultural Advisory Committee – Councillor Peter Ristevski, Councillor Tony Hadchitti and Councillor Gus Balloot.

Amend the charter to reflect membership of three Councillors and a quorum of two Councillors.

No Intermodal Committee – Mayor Ned Mannoun or delegate Councillor Tony Hadchiti and Councillor Peter Harle.

Amend charter to reflect quorum of two Councillors.

Order of Liverpool Committee – Mayor Ned Mannoun, Deputy Mayor, Councillor Peter Harle and Councillor Mazhar Hadid.

Amend the charter to reflect membership of Mayor , Deputy Mayor and two Councillors and a quorum of two Councillors.

Street Naming Committee – Mayor and Deputy Mayor.

Warwick Farm Racing Precinct Steering Committee – Deputy Mayor and Councillor Tony Hadchitti.

Amend the charter to reflect membership Deputy Mayor and one Councillors and a quorum of one Councillor.

Youth Council – Mayor Ned Mannoun or delegate being Councillor Sabrina Mamone, Councillor Peter Harle and Councillor Tony Hadchitti

Amend the charter to reflect membership of Mayor or delegate and two Councillors and a quorum of two Councillors.

EXTERNAL AND AFFILIATED BODIES:

Westpool - The Mayor or delegate Deputy Mayor.

Western Sydney Regional Organisation of Councils (WSROC) – Councillor Tony Hadchiti and Councillor Gus Balloot.

Liverpool Migrant Resource Centre – Deputy Mayor, Councillor Gus Balloot and alternate Councillor Ali Karnib.

Macarthur/Liverpool Community Relations Commission Regional Advisory Council – Councillor Mazhar Hadid.

Georges River Combined Councils Committee – Councillor Peter Ristevski and Councillor Peter Harle.

The South West Sydney Academy of Sport – Councillor Peter Ristevski.

Joint Regional Planning Panel – Councillor Gus Balloot and Councillor Tony Hadchiti. Councillor Peter Harle as alternate.

Traffic Committee – The Mayor or delegate Councillor Tony Hadchitti.

Macarthur Bushfire Management Committee – Councillor Peter Harle.

Macarthur Zone Bushfire Liaison Committee – Councillor Peter Harle.

NSW Metropolitan Public Libraries Association – Councillor Mazhar Hadid.

Floodplain Management Association - Councillor Peter Harle.

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

Clr Stanley and Clr Karnib asked that they be recorded as voting against the motion.

Clr Hadchiti left the Chambers at 7.42pm.

ITEM NO: DCC 02

FILE NO: 213756.2014

SUBJECT: Donations, Grants and Sponsorships

RECOMMENDATION

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $14,554 under the 2014/15 Corporate Sponsorship Program as summarised in the table below:

Applicant name	Amount
International Sport Karate Association	$6,054
Friends of Fiji (FA) Inc.	$2,500 on the condition that the 2014 awards ceremony be held in Liverpool
Southern District Soccer Football Association	$5,000
Share Care	$1,000

2. Approves funding of $14,554 from the Council Reserve to be allocated towards the Corporate Sponsorship Program.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun Seconded: Clr Stanley

That Council:

1. Endorses the Financial Contributions Panel's recommendations for the provision of $14,554 under the 2014/15 Corporate Sponsorship Program as summarised in the table below:

Applicant name	Amount
International Sport Karate Association	$6,054
Friends of Fiji (FA) Inc.	$2,500
Southern District Soccer Football Association	$5,000
Share Care	$1,000

2. Approves funding of $14,554 from the Council Reserve to be allocated towards the Corporate Sponsorship Program.

3. Should an event be cancelled all sponsorship funds provided be returned to Council.

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

Clr Hadchiti returned to the Chambers at 7.46pm.

Clr Stanley left the Chambers at 7.54pm.

ITEM NO: DPG 04

FILE NO: 207586.2014

SUBJECT: Proposed Amendment 38 Liverpool Local Environmental Plan 2008 Phase 3 Land Reclassifications and Rezonings

RECOMMENDATION

That Council:

1. Proceed with the reclassification and rezoning of the following parcels of land:

· 124A Wonga Road, Lurnea (McCarthy Park)

· Part of 15 Qantas Boulevard, Middleton Grange (Part of Stante Reserve)

· 8 Ferrington Crescent, Liverpool (Ferrington Park)

· 20A Frazer Avenue, Lurnea (Baker Park)

· 84A St Andrews Boulevard, Casula (St Andrews Park)

· 26 Wendlebury Road, Chipping Norton (Wendlebury Park)

· 2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park)

· 22 Box Road, Casula (Mimosa Park)

· 72A Grevillea Crescent, Prestons (Acacia Park)

2. Not proceed with the reclassification and rezoning of the following parcels of land:

· 9 Gunsynd Avenue, Casula (Part of Thawaral Park)

· 10 Anjudy Close, Casula (Part of Thawaral Park)

· 230 Newbridge Road, Moorebank (Part of Regan Park)

· 99-101 Rose Street, Liverpool (Part of Pearce Park)

· 12A Brain Avenue, Lurnea (Hannan Park)

3. Send a copy of the Planning Proposal to NSW Planning and Infrastructure to seek a Gateway Determination to proceed with Draft Amendment 38 to Liverpool Local Environmental Plan 2008 which includes the reclassification and rezoning of the parcels of land identified in Recommendation 1.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That Council:

1. Proceed with the reclassification and rezoning of the following parcels of land:

· 124A Wonga Road, Lurnea (McCarthy Park)

· Part of 15 Qantas Boulevard, Middleton Grange (Part of Stante Reserve)

· 8 Ferrington Crescent, Liverpool (Ferrington Park)

· 20A Frazer Avenue, Lurnea (Baker Park)

· 84A St Andrews Boulevard, Casula (St Andrews Park)

· 26 Wendlebury Road, Chipping Norton (Wendlebury Park)

· 2A Deerwood Avenue, Liverpool (Hazel Bradshaw Park)

· 22 Box Road, Casula (Mimosa Park)

· 72A Grevillea Crescent, Prestons (Acacia Park)

· 9 Gunsynd Avenue, Casula (Part of Thawaral Park)

· 10 Anjudy Close, Casula (Part of Thawaral Park)

· 230 Newbridge Road, Moorebank (Part of Regan Park)

· 99-101 Rose Street, Liverpool (Part of Pearce Park)

· 12A Brain Avenue, Lurnea (Hannan Park)

2. Send a copy of the Planning Proposal to NSW Planning and Infrastructure to seek a Gateway Determination to proceed with Draft Amendment 38 to Liverpool Local Environmental Plan 2008 which includes the reclassification and rezoning of the parcels of land identified in Recommendation 1.

3. Employ a strategy to engage with the local residents affected by the loss of the parks or part of the parks.

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

Vote for: Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Mamone

Clr Ristevski

Clr Waller

Vote against: Clr Karnib

Clr Shelton

ITEM NO: CTTE 06

FILE NO: 202623.2014

SUBJECT: Minutes of Building Our New City Committee meeting held 3 September 2014

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Building our New City Committee Meeting held on 3 September 2014.

2. Approves $1m being allocated from the Town Improvement Fund toward the cost of detailed design, necessary approvals, contract and tender documentation, and any other required investigations and studies to progress Building Our New City plans for Macquarie Mall, Bigge Park and Gateways to implementation stage. Use of the funds is to be determined by the Chief Executive Officer under delegation.

3. Notes that linkages to the Georges River and the Eat Street precinct will be progressed following further discussions with other parties with interests related to these precincts.

4. Notes that the priority elements of projects to be progressed are:

Macquarie Mall:

· De-cluttering and improved sight lines ,including removal of existing fountain

· Re-design of street to include one way traffic at night

· Maintain chess play areas and add additional areas where practical

· Maintain/improve children's play area

· New paving

· Catenary style lights

· New street furniture , umbrellas and storage facilities

· Improve outdoor dining shade areas for businesses

· Outdoor TV screen

· Paving structure with pedestrian crossing at Elizabeth Street

Bigge Park

· Circular contemplation walk

· Improved pathways across the park to link destinations

· Remove Music Shell

· Reconfigure trees to provide improved sight lines to Francis Greenway Building

· Conduits for services along pathways (lighting, sound system, etc)

· Improved lighting in park

· Improvements to footpaths bordering Bigge park

· Pop up café and longer term potential re-use of the Pump House building

· Children's play area in north eastern corner

· New street furniture and shade structures

Gateways

· Gateway landscaping program

· Clean up and lighting program for Newbridge Road bridge

· New branding placement

5. Extend the current agreement with the US Studies Centre for the services of Professor Blakely for 2014/15.

6. Allocate funds of $65,000 from the Town Improvement Fund to meet the costs of Professor Blakely's services in 2014/15.

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That the Item be dealt with in Closed Session at the end of the meeting.

Foreshadowed Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion (by Clr Waller) was declared LOST. The foreshadowed motion (by Clr Hadchiti) then became the motion and was declared CARRIED.

Clr Karnib, Clr Shelton & Clr Waller asked that their names be recorded as voting against the motion.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 190298.2014

SUBJECT: Question with Notice - Clr Hadchiti

Council currently has a Design Review Panel in place which assesses designs on particular applications and makes a recommendation to the assessing officers.

1. How long have the current members been on this panel?

Council report of 21 November 2011:

“The Selection of Panel members

The current DRP members have been providing advice to Council for approximately four years. As such a review of the panel and its membership is due.”

Approximately since 2007. No information regarding an EOI can be found.

2. How many applications have been though the panel over the last 6 months?

Seven (7) Pre DA matters and nine (9) DA matters.

3. Generally how much time is added to the assessment of a DA because of this process?

Approximately 2-3 weeks.

4. Are detailed notes kept and circulated to all parties involved in this process?

Yes, on the DA file in Council’s document management system and emailed to the applicant.

5. Do Council Officers generally make submissions to the DRP if they don’t agree with the DRP recommendations?

The Council officer may discuss this during the meeting, however no submissions are made or have been made. The DRP is an advisory body only.

The DRP will:

(a) Encourage quality development in the growth of Liverpool as a Regional City through promotion of best practice in urban design.

(b) Connect with the development industry so they recognise the value of the advice provided by the Panel and are encouraged to respond accordingly.

(c) Provide pragmatic design advice that encourages development while ensuring outcomes contribute to a regional City of design excellence.

(d) Encourage proponents to engage with the Panel during the pre-lodgement stage of development to ensure maximum benefits to all stakeholders from the process.

Council’s Commercial Properties

Can a list please be provided of any vacant council owned commercial properties and the strategy used to find a suitable tenant?

There are 3 Council Investment properties that have vacancies:

1. 33 Moore St – 2 ground floor shops – being held vacant pending possible relocation of Customer Services from level 2.

2. 52 Scott St – Ground floor retail potential 1 – 3 shops – being held vacant pending decision on whether Council will redevelop this property.

3. Northumberland St Arcade – 3 retail shops being held vacant due to pending redevelopment of the adjoining property which will require closure of the arcade during redevelopment.

There is one property that is owned by the NSW Government where Council has Care and Control that is vacant. The Old Court House is currently vacant and required a substantial amount of repair work to make it habitable. This property is Heritage Listed and we are in the process of completing requirements of the Heritage Branch for the work to be approved. This process is likely to take another ¾ months for approval then we will need to call for quotes.”

The same comment applies to each except 52 Scott St. At the last Key Sites Master Planning Steering Committee we were given instructions that the shops can be leased subject to redevelopment clauses in the leases. The managing agent will be instructed to place For Lease Signs in the window of the premises.

ITEM NO: QWN 02

FILE NO: 190408.2014

SUBJECT: Question with Notice - Clr Shelton

The following, on the topic of customer service, is quoted word for word from the final comments of the former Acting CEO, Mr Rob NOBLE, made during the June 2014 Council Meeting, being the last council meeting in which he was in attendance prior to his departure:

“Mr Mayor, the reason that I've made those suggestions to adjust those number of days for response is when I was here after only a very short time, I had a look at the statistics of the performance of the organisation in responding to Councillor action requests and it was roughly 50%. 50% achievement of responding to Mayoral requests within 2 days and Councillor requests within 5...I'm just suggesting to you and I've had conversations with several of the Councillors about the existing customer service arrangements and I believe that by putting a higher standard of response time to Councillor and Mayoral requests, then what that's going to do is ultimately and probably already has create and created a two tier customer service system - which is all great for a client who approaches the Mayor or Councillor and gets snappy action maybe at the moment 50% of the time and so that will encourage that person or anyone they speak to do exactly the same thing and so instead of going through what I believe is the most efficient overall system for the bulk of our community of going through the customer services system and having an action request which goes immediately to the relevant officer, we still will end up with a gradually increasingly number of Mayoral and Councillor requests that get dealt with pretty quickly but what's happening then is that every time you have one of those, you are basically screwing the other 95% of your customer by putting them further down the line...further down the pecking order...”

1. Please outline the actions, executive or otherwise, taken or proposed to be taken to address the concerns of the former Acting CEO, Mr Rob NOBLE.

The amount of customer requests versus the amount of Councillor Requests has been reviewed. The data at this point indicates that approximately 1% of requests received by the organisation come via Councillor’s, therefore 99% of our customer requests are by direct public contact in various forms. Whilst the previous Acting CEO raised this as a potential issue, the data at this point in time suggests that there is not a significant concern or problem that needs addressing by the changing of the current methodologies. However, with any of our interface with our customers Council will continue to monitor trends and issues and if at some point in the future the issue highlighted by the previous Acting CEO becomes a concern then this issue will be reported back to Council with suggested adjustments if required to the processes currently being used.

2. To what extent do any existing motions of Council impede reform and improvement of customer service functions

There are no current motions passed by Council that have been identified or obvious as creating any impediment to review, reform or improvement to our customer service functions. Similarly, if any motions past, present or future are identified that cause problems in efficient customer service those issues will be reported back to Council at that time with a suggested improvement for Council’s consideration.

Motion Moved: Clr Waller Seconded: Clr Hadchiti

1. That Council move into Closed Session to consider the following Items:

· CFO 04 Legal Affairs Report

Reason: s10(A(2)(c), s10A(2)(d)(ii) and s10A(2)(g).

· CFO 05 Oakvale Capital Limited - Legal Claim

Reason: s10(A(2)(c), s10A(2)(d)(ii) and s10A(2)(g).

· CFO 10 Resident Hardship Issue - Sirius Road, Voyager Point

Reason: s10(A(2)(b) and s10A(2)(g).

· CEO 02 Recruitment of Executive staff in accordance with Council’s

adopted management structure

Reason: s10(A(2)(a).

2. Pursuant to Section 10A(1)-(3) of the Local Government Act 1993, the media and public to be excluded from the meeting on the basis that the business to be considered is classified confidential under to provisions of:

· 10A(2)(a) personnel matters concerning particular individuals (other than Councillors).

· 10A(2)(b) the personal hardship of any resident or ratepayer.

· 10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

· 10A(2)(d)(ii) Commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.

· 10A(2)(g) advice concerning litigation, or advice that would otherwise be priviliged from production in legal procedings on the grounds of legal professional privilege.

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

Council moved into Closed Session at 9.04pm. The public and the media left the Chambers.

Motion Moved: Clr Waller Seconded: Clr Ristevski

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 9.14pm.

ITEM NO:	CFO 04
FILE NO:	198192.2014
SUBJECT:	Legal Affairs Report
RECOMMENDATION That Council consider the report of staff concerning Legal Affairs in Closed Council pursuant to section 10A(2)(c), 10A(2)(d)(ii), and 10A(2)(g) of the Local Government Act 1993.
COUNCIL DECISION Motion: Moved: Clr Stanley Seconded: Clr Waller That Council: 1. Receives and notes the Legal Affairs report. 2. Be furnished with a status report every three months or sooner if circumstances require it. On being put to the meeting the motion was declared CARRIED.

ITEM NO:	CFO 05
FILE NO:	202064.2014
SUBJECT:	Oakvale Capital Limited - Legal Claim
RECOMMENDATION That Council: 1. Note the report of staff into ongoing legal proceedings against Oakvale Capital Limited (in administration). 2. Direct staff to instruct its solicitors to seek expert opinion on the conduct of the ratings agency responsible for the rating of financial instruments purchased by Oakvale Capital Limited on behalf of LCC that incurred losses following the global financial crisis. 3. Direct staff to instruct its solicitors to file proceedings against the ratings agency responsible for the rating of financial instruments purchased by Oakvale Capital Limited on behalf of LCC that incurred losses following the global financial crisis. 4. Direct staff to report back to Council once expert advice is received in relation to the rating of the instruments in question, the likely cost of ongoing legal action, and the prospects of recovery in this action.
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.

ITEM NO:	CFO 10
FILE NO:	204921.2014
SUBJECT:	Resident Hardship Issue - Sirius Road, Voyager Point
RECOMMENDATION That Council: 1. Note the report of staff relating to the personal hardship of a resident or ratepayer at Sirius Road, Voyager Point. 2. Direct staff to take no action in impeding access to Lot 6, DP 803038 by the owner of Lot 68, DP 752034, provided such access is in accordance with Council’s Generic Plan of Management for Parks 2007. 3. Take no further action in relation to the matter.
COUNCIL DECISION Motion: Moved: Clr Stanley Seconded: Clr Harle That the recommendation be adopted. On being put to the meeting the motion was declared CARRIED.

ITEM NO:	CEO 02
FILE NO:	223282.2014
SUBJECT:	Recruitment of Executive staff in accordance with Council's adopted management structure
RECOMMENDATION That Council note the appointment of the Mr John Morgan to the position of Director Property and Commercial Services, Mr Gary Grantham to the position of Chief Financial Officer and Ms Carole Todd to the position of Director Business Improvement and that these appointments complete the new executive structure approved by Council.
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.

THE MEETING CLOSED AT 9.20pm.

Name: Ned Mannoun

Title: Mayor

Date: 29 October 2014

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 24 September 2014. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Clr Balloot left the Chambers at 7.20pm.

Clr Stanley left the Chambers at 7.54pm.

Mayor Mannoun called for a recess at 8.26pm.

Mayor Mannoun resumed the meeting at 8.48pm.