Liverpool City Council

Business Paper

 

 

 

 

Council Agenda

 

 

 

 

 

 

 

 

Ordinary Council Meeting

29 October 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Francis Greenway Centre

170 George Street

Liverpool


Description: LCC_bw_logo 

 

 

 

 

 

 

 

 

 

 

 

 


You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 29 October 2014 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.45pm.

 

Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping.  If you have any enquiries please contact Council and Executive Services on 9821 9237.

 

Text Box:
 

 

 


Carl Wulff

CHIEF EXECUTIVE OFFICER

 

 


 

 

 


Order of Business

 

                                                                                                              PAGE     TAB

Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 24 September 2014........................................................... 5

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Licensing Brothels in NSW............................................................................. 68......... 1

NOM 02          Intermodal ...................................................................................................... 72......... 2

NOM 03          CT Lewis Hill Road Lurnea............................................................................. 74......... 3

NOM 04          Community Facilities and Buildings in Liverpool............................................ 76......... 4

NOM 05          Policy review - remove red tape..................................................................... 78......... 5

NOM 06          Community and Cultural Facility within Liverpool City Centre....................... 80......... 6

NOM 07          CBD Waste Strategy...................................................................................... 82......... 7

NOM 08          Live Life Get Active ....................................................................................... 84......... 8

NOM 09          Gibson and Dunrossil Avenues Casula ......................................................... 86......... 9

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

NIL

Development Application Determination Report

DAD 01           Development Application DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040) ........................................................................... 88....... 10

DAD 02           Draft planning agreeement in connection with DA-490/2013 Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool................................................................... 93....... 11

DAD 03           Voluntary Planning Agreement for DA-920/2012 at 10 Orange Grove Road, Warwick Farm, 5 Viscount Place, Warwick Farm, and 12 Homepride Avenue, Warwick Farm 98                                                                                                                         12

Chief Executive Officer Report

NIL

Business Improvement Report

NIL

Chief Financial Officer

CFO 01           Amendments to the Statement of Revenue Policy (Fees and Charges) 2014-15   104 13

CFO 02           Annual Pecuniary Interest Returns for Councillors and Designated Persons 111       14

CFO 03           Code of Conduct Complaints Report........................................................... 113....... 15

CFO 04           Council Meeting Dates - January to December 2015.................................. 116....... 16

CFO 05           Investment Report September 2014............................................................ 119....... 17

CFO 06           Annual Financial Reports 2013/2014............................................................ 140....... 18

CFO 07           Australia Day Awards Recipient Policy........................................................ 144....... 19

CFO 08           CBA Credit Card Facility.............................................................................. 151....... 20

CFO 09           Order of Liverpool Awards............................................................................ 153....... 21

City Presentation Report

NIL

Community and Culture  Report

DCC 01          Donations, Grants and Sponsorships........................................................... 157....... 22

DCC 02          Quarterly Report on Compliments and Complaints..................................... 165....... 23

DCC 03          Biographical Information on Len Waters...................................................... 167....... 24

DCC 04          Sponsorship of ANZAC Day 2015 Commemoration Event......................... 170....... 25

DCC 05          Draft Liverpool Ageing Strategy and Action Plan 2014 - 2017 .................... 174....... 26

DCC 06          Liverpool Youth Council Annual Report 2013-2014..................................... 178....... 27

Economy and Engagement Report

DEE 01           Sister City Relationship Options................................................................... 198....... 28

DEE 02           Master Plan for Woodward Park Precinct.................................................... 205....... 29

DEE 03           Community and Business Representation – Liverpool Council’s Badgerys Creek Airport Taskforce report........................................................................................... 208....... 30

Infrastructure and Environment Report

NIL

 

 

Planning and Growth Report

DPG 01          Draft Liverpool Local Environmental Plan 2008 (Amendment 47) - Rezoning of 115, 125, 135 and 215 Croatia Avenue, Edmondson Park and Liverpool Development Control Plan 2008 (Draft Amendment 14)......................................................................... 211....... 31

DPG 02          Review of the Industrial Zones in the Liverpool Local Environmental Plan 2008     218 32

Property and Commercial Development Report

DPC 01           Draft Voluntary Planning Agreement between Liverpool City Council and Mr Jim Ho Shon, Mrs Elsa Theresa Ho Shon and Mr Tom Ho Shon, Lot 2 DP 876487, Pine Road, Casula........................................................................................................... 245....... 33

DPC 02           Compulsory acquisition of a part of Lot 10 DP 881265, Mill Park, Casula by the Rail Corporation of New South Wales................................................................. 251....... 34

DPC 03           Dedication of Lot 6020 DP 1143651, Moondarra Drive, West Hoxton to Council    255 35

DPC 04           Acquisition of Lot 1104 DP 2475, 75 Fifth Avenue, Austral for open space purposes 259                                                                                                                         36

Committee Reports

CTTE 01         Minutes of the Aboriginal Consultative Committee
Meeting held on 3 September 2014 ............................................................. 263....... 37

CTTE 02         Heritage Advisory Committee Minutes 5 August 2014................................ 268....... 38

CTTE 03         Local Traffic Committee Minutes of Meeting held on 24 September 2014. 275....... 39

CTTE 04         Street Naming Committee Meeting 7 October 2014.................................... 282....... 40

CTTE 05         Ethics and Audit Committee meetings held on 23 July 2014 and 8 October 2014   289 41

CTTE 06         No Intermodal Committee Meeting Minutes 7 October 2014...................... 291....... 42

CTTE 07         Key Sites Master Planning Steering Committee Minutes from meeting held 7 October 2014.............................................................................................................. 295....... 43

CTTE 08         Liverpool Sports Committee Minutes of Meeting 31 July 2014................... 301....... 44

Correspondence Reports

CORR 01       Incoming and Outgoing Correspondence Report......................................... 311....... 45

Questions with Notice

QWN 01         Question with Notice - Mayor Mannoun....................................................... 313....... 46  

Questions Taken on Notice

Presentations by Councillors

Close

 


 

 

 

 

 

 

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:

 

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 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:

 

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 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:

 

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 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:

 

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 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:

 

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.

 

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.

 


Notices of Motion

ITEM NO:      NOM 01

FILE NO:        212915.2014

SUBJECT:     Lighting Pedestrian Crossing

 

NOTICE OF MOTION

 

That Council:

 

1.   Fund the assessment and installation of street lighting at the pedestrian crossing to an appropriate standard out of the Councillor Reserve as soon as possible.

 

2.   Contact the relevant Local Area Command to assist with the enforcement of road rules in this area.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Stanley

 

In response to community representations to the Mayor’s office concerning speeding cars and pedestrian safety on Napier Avenue Lurnea, Council resolves to:

 

  1. Conduct traffic counts on Napier Avenue

 

  1. Assess opportunities for speed reduction measures

 

  1. Review and upgrade night lighting at intersections and pedestrian crossings if required.

 

  1. Report findings and recommendations to Liverpool Traffic Committee and local police command.

 

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

 

 

 

 

 

 


13

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.

 

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

 

  1. 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 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


15

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:

 

  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.

 

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

 

  1. 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.

 

  1. 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

 

  1. 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:

 

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 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.

 


15

ITEM NO:      CFO 08

FILE NO:        204683.2014

SUBJECT:     Election of Deputy Mayor

 

RECOMMENDATION

 

That Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer.

 

COUNCIL DECISION

 

Motion:                                  Moved:Clr Hadchiti              Seconded: Clr Waller

 

That Council proceeds with the election of the Deputy Mayor by open voting.

 

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

 

 

Election of Deputy Mayor

 

Nominations were called for the position of Deputy Mayor by the Chief Executive Officer as the Returning Officer.

 

                        Nominees for Deputy Mayor:

 

                        Clr Karnib        4 votes

                        Clr Ristevski    7 votes

 

Clr Ristevski was declared Deputy Mayor by 7 votes to 4.

 

Division called:

 

Votes for Clr Karnib:           Clr Karnib

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Waller

 

Votes for Clr Ristevski:       Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

                                                Clr Ristevski

 

 


19

Clr Hadid left the Chambers at 7.08pm

Clr Hadid returned to the Chambers at 7.10pm

 

 

Development Application Determination Report

ITEM NO:      DAD 01

FILE NO:        201137.2014

SUBJECT:     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

 

RECOMMENDATION

 

That Council approves Section 96 Modification Application No. DA-787/2005/C for the conversion of the western part of Basement Level 1 to provide one additional residential unit comprising of 3 bedrooms, subject to recommended and modified conditions of consent contained within Attachment 4 of this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadchiti

                                                        

That Council approves Section 96 Modification Application No. DA-787/2005/C for the conversion of the western part of Basement Level 1 to provide one additional residential unit comprising of 3 bedrooms, subject to recommended and modified conditions of consent contained within Attachment 4 and Attachment 5 of this report. 

 

Division called:

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Harle

                                                Clr Mamone

                                                Clr Ristevski

 

Vote against:                         Clr Hadid

                                                Clr Karnib

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Waller

 

 

 


17

Mayor Mannoun left the Chambers at 7.12pm and Clr Ristevski took the Chair.

 

Chief Executive Officer Report

ITEM NO:      CEO 01

FILE NO:        207389.2014

SUBJECT:     Local Government Chief Officers' Group

 

RECOMMENDATION

 

That Council:

 

1.       That Council endorse the Chief Executive Officer, Mr Carl Wulff attendance at Local Government Chief Officers’ Group meetings.

 

2.       That Council approve all accommodation and travel costs associated with the Local Government Chief Officers’ Group meetings

 

3.       That costs incurred for attendance at the Local Government Chief Executive Officer’s Group be allocated to the Learning and Development budget.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

 

 

 

 

 

 


21

Chief Financial Officer

ITEM NO:      CFO 01

FILE NO:        182564.2014

SUBJECT:     Councillor Access to Information and Interaction with Staff Policy

 

RECOMMENDATION

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the Councillor Access to Information policy be referred to the CEO for review.

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


23

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).

 

  1. 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.

 

  1. 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


19

Mayor Mannoun returned to the Chambers at 7.22pm.

 

ITEM NO:      CFO 03

FILE NO:        183491.2014

SUBJECT:     Web Streaming of Council Meetings

 

RECOMMENDATION

 

That Council:

 

1.       Receive and note report and endorse the implementation of web streaming of Council meetings.

 

2.       That Council delegates the selection process to Council’s Manager Information Management and Manager Council and Executive Services.

 

3.       Council’s current audio equipment and high quality screens be re-used.

 

3.       That Council be updated on implementation process and planned go live date once         solution provider has been selected.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That Council receive and note the report.

 

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

 

 


25

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 Hadid                 Seconded:  Clr Stanley

 

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

 

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

 


21

ITEM NO:      CFO 05

FILE NO:        202064.2014

SUBJECT:     Oakvale Capital Limited  - Legal Claim

 

RECOMMENDATION

 

That Council consider the report of staff concerning a legal claim against Oakvale Capital Limited 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 Hadchiti             Seconded: Clr Waller

 

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

 

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

 


27

ITEM NO:      CFO 06

FILE NO:        204355.2014

SUBJECT:     Investment Report August 2014

 

RECOMMENDATION

 

That Council receives and notes this 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.

 


31

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.

 

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

 

  1. 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.

 


33

ITEM NO:      CFO 10

FILE NO:        204921.2014

SUBJECT:     Resident Hardship Issue - Sirius Road, Voyager Point

 

RECOMMENDATION

 

That Council consider the report of staff concerning the personal hardship of a resident or ratepayer in Closed Council pursuant to s.10A(2)(b) and s.10A(2)(g) of the Local Government Act 1993.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Shelton

 

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

 

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

 


33

ITEM NO:      CFO 11

FILE NO:        208741.2014

SUBJECT:     Proposed disposal of Lot 346 DP 878072, Lot 346 Binnaway Avenue, Hoxton Park

 

RECOMMENDATION

 

That Council:

 

1.   Approves the sale of Lot 346 DP 878072, Lot 346 Binnaway Avenue, Hoxton Park, to the adjoining owner for the price and terms outlined in the confidential attachment;

2.   Keeps confidential the attachment supplied under separate cover containing the purchase price, pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;

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

4.   Transfers the net proceeds from the sale to the Property Development Reserve.

 

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.

 


35

ITEM NO:      CFO 12

FILE NO:        209735.2014

SUBJECT:     Australia Day Award Recipients Policy Amendment

 

RECOMMENDATION

 

That Council adopt the proposed Australia Day Award Recipients Policy attached to this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Ristevski

 

That Council:

 

  1. Adopt the proposed Australia Day Award Recipients Policy attached to this report.

 

2.    Officers prepare a report adding a new category of award for ‘small business’ in Liverpool.   

 

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

 

 

 


35

City Presentation Report

ITEM NO:      DCP 01

FILE NO:        198304.2014

SUBJECT:     Joint Tender T37-14, Receipt and Processing of Household Clean Up Material

 

RECOMMENDATION

That Council:

1.   Declines to accept any of the tenders received for Tender T37-14, Receipt and Processing of Household Clean Up Material.

2.   Proceed with trialing the bulka bag initiative for cost savings and increased resource recovery of the household clean up material.

 

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.

 

 


37

Community and Culture  Report

ITEM NO:      DCC 01

FILE NO:        201210.2014

SUBJECT:     Financial Contributions Panel Charter

 

RECOMMENDATION

 

That Council endorse the Draft Financial Contributions Panel Charter (attached).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Ristevski

 

That Council endorse the Financial Contributions Panel Charter attached to this report subject to the inclusion of the following additional Clause under Clause 7 “Panel Delegations”:

 

“7.4:     Outside of Financial Contributions Panel meetings the Mayor in consultation

            with the CEO has delegated authority to approve urgent funding requests of

            up to $2000 in cash or kind.  Such approvals are to be reported to the

            financial Contributions Panel at the next meeting.”

 

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

 

Clr Shelton asked that he be recorded as voting against the motion.

 


37

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

 

 

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

 

  1. 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.

 

 


39

Infrastructure and Environment Report

ITEM NO:      DIE 01

FILE NO:        203698.2014

SUBJECT:     Bus Shelters in Liverpool LGA - Options for the provision of new bus shelters

 

RECOMMENDATION

 

That Council:

 

1.   Notes the contents of this report.

 

2.   Authorises the calling of tenders for the supply of bus shelters, with alternatives comprising supply and installation only, as well as supply, installation and ongoing maintenance in return for controlled advertising rights.

 

3.   Notes that a further report will be submitted following the conclusion of the tender process.

 

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.

 

 


41

Planning and Growth Report

ITEM NO:      DPG 01

FILE NO:        148269.2014

SUBJECT:     Review of arterial road corridors and B6 Enterprise Corridor Zone in the Liverpool Local Environmental Plan 2008

 

RECOMMENDATION

 

That Council:

 

1.       Prepares a Planning Proposal to:

 

a)   delete residential uses from being permissible with consent in the B6 Enterprise Corridor,

 

b)   delete Clause 7.15 from the Liverpool LEP 2008,

 

c)   rezone land on the Hume Highway, Casula from B6 Enterprise Corridor to R2 Low Density Residential and R3 Medium Density Residential, and

 

d)   rezone land on Hoxton Park Road, Hinchinbrook and Miller from B1 Neighbourhood Centre to SP2 – Infrastructure; and

 

2.       Forwards the Planning Proposal to NSW Planning and Environment for a Gateway determination.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti                                Seconded: Clr Waller

 

That the report be deferred to a Councillor Briefing Session and that staff review the previous Council resolutions on this matter.

 

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

 

Councillors voted unanimously for this motion.

 


41

ITEM NO:      DPG 02

FILE NO:        186920.2014

SUBJECT:     Approval for Works-In-Kind Tender for DA-1837/2013

 

RECOMMENDATION

 

That Council:

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

 

2.   Notes that the 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 Stanley              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.


43

ITEM NO:      DPG 03

FILE NO:        206999.2014

SUBJECT:     Proposed Installation Of Parking Ticket Machines - Speed Street Car Parks

 

RECOMMENDATION

 

That Council:

 

1.       Approves the installation of four (4) ticketed parking machines in the Speed Street car park.

 

 

2.       Approves parking fees of $1.50 per hour, or part thereof, for up to four hours, and $7 per day for all-day parking in the Speed Street car park.

 

3.       Amends the current parking restrictions to four hour (4P) and all-day (10P), Monday to Friday, 8am-6pm.  

 

4.       Allocates funding for resurfacing of the northern Speed Street Car Park from Parking reserve funds.

 

COUNCIL DECISION

 

Motion:                                   Moved: Clr Hadchiti            Seconded: Clr Hadid

 

That Council:

 

  1. Totally rejects the report to install parking meters in Speed Street Car parks and to resurface the car park.

 

  1. Reiterates the new Council’s position to cease the roll out of parking meters, to turn meters off on weekends and introduce free 15 minutes parking on all parking meters as part of the Mayor and Council’s policy to make parking a fairer deal in Liverpool.

 

  1. Refers the Speed street car park site to the Master Plan Steering Committee for strategic asset review.

 

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

 

Councillors voted unanimously for this motion.

 


43

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)

 

  1. 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.

 

  1. 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

 


45

Clr Stanley returned to the Chambers at 7.59pm.

 

ITEM NO:      DPG 05

FILE NO:        211302.2014

SUBJECT:     Removal of Restriction on a Planning Delegation to the CEO

 

RECOMMENDATION

 

That Council amend the exceptions provisions in the Planning and Development Delegations to the Chief Executive Officer as follows:

 

a.   Delete the current Section 3.6.1: The approval of an application seeking the modification of a consent of an application previously approved by the elected Council; and

b.   Insert a new Section 3.6.1: Determination of section 82a applications for review of development applications, where the original application was determined by the Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot                              

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Waller

 

Vote against:                         Clr Stanley

 

 


47

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        047881.2014

SUBJECT:     Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2014

 

RECOMMENDATION

 

1.   The Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2014 are attached for the information of Council.

 

2.   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 Hadchiti            Seconded: Clr Shelton

 

That Council

 

  1. Note the Minutes of the Aboriginal Consultative Committee Meeting held on 6 August 2014 are attached to the report for the information of Council.

 

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

 

  1. Note planning for certain events can be delayed due to the uncertainty of grant funding.

 

  1. Allocate an extra $25,000 from the Council reserves to fund projects as listed on the table at the bottom of page 266 and top of page 267 of this Council agenda.

 

  1. Ensure that Council staff continues to seek grant funding for these projects which if received offsets against the extra funding.

 

  1. Ensures that a minimum amount of $5,000 of the allocation is used solely for the purpose of promoting the events.

 

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

 


47

ITEM NO:      CTTE 02

FILE NO:        194602.2014

SUBJECT:     Environment Advisory Committee Meeting Minutes of 11 August 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 11 August 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


49

ITEM NO:      CTTE 03

FILE NO:        202184.2014

SUBJECT:     Minutes of the Liverpool Access Committee 14 August 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on 14 August 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


49

ITEM NO:      CTTE 04

FILE NO:        202619.2014

SUBJECT:     Minutes of Economic Development Committee and Events Committee meeting held 3 September 2014

 

RECOMMENDATION

 

1.    That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 3 September 2014.

2.    That Council notes that there are no actions arising from the report that will have financial implications for Council

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone 

 

That the recommendation be adopted.

 

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

 


51

ITEM NO:      CTTE 05

FILE NO:        202621.2014

SUBJECT:     Minutes of Badgerys Creek Airport Taskforce meeting held 3 September 2014

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 3 September 2014.

 

2.   Notes that there are no actions arising from the report that have financial implications for Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


51

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.

 


53

ITEM NO:      CTTE 07

FILE NO:        202895.2014

SUBJECT:     Key Sites Master Planning Steering Committee Minutes from meeting held 2 September 2014

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Key Site Master Planning Steering Committee Meeting held on 2 September 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 Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


55

ITEM NO:      CTTE 08

FILE NO:        209832.2014

SUBJECT:     No Intermodal Committee Meeting Minutes 2 September 2014

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the No Intermodal Committee Meeting held on 2 September 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


55

ITEM NO:      CTTE 09

FILE NO:        209866.2014

SUBJECT:     Warwick Farm Racing Precinct Steering Committee Meeting Minutes

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Warwick Farm Racing Precinct Meeting held on 2 September 2014.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

 


57

Mayor Mannoun called for a recess at 8.26pm.

 

Mayor Mannoun resumed the meeting at 8.48pm.

 

Correspondence Reports

ITEM NO:      CORR 01

FILE NO:        076541.2014

SUBJECT:     Incoming and Outgoing Correspondence Report

 

RECOMMENDATION

 

That Council receives and notes the report.

 

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.

 

 

 


57

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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

 

<Signature>

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.

 

 


67

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 01

Licensing Brothels in NSW

 

Strategic Direction

Liveable Safe City

Improve the community’s sense of safety in Liverpool

Key Policy

Urban Development Plans

File Ref

244001.2014

Author

Mazhar Hadid - Councillor

 

 

Background

 

Attached is an editorial from Fairfax from May 2014.

 

NOTICE OF MOTION

 

Following the police siege on George Street Liverpool on Thursday 16 October 2014, Council calls upon the NSW government to urgently proceed with the proposed licensing laws for sex industry premises including brothels that should empower police and the local Council to oversee the brothel industry in their local area and apply for suspension or cancellation of brothel licenses if they are shown to operate illegally or not in the public interest.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

An amendment to the Liverpool LEP was gazetted on 20 June 2014 to  delete sex service premises (brothels) from the B3 Commercial Core zone.  This use was already not permissible in other business and residential zones.  Accordingly, new businesses are only permissible with consent in the following industrial zones:

 

·  IN1 General Industrial

·  IN2 Light Industrial, and

·  IN3 Heavy Industrial.

 

However, in accordance with Section 108(1) of the Environmental Planning and Assessment  Act 1979 and Part 5 of the Environmental Planning and Assessment Regulation 2000, existing businesses may continue to operate under existing use rights. There are currently six businesses licensed as ‘sex service premises’ in the Liverpool CBD. 

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

 There are no environmental and sustainability considerations.

Social and Cultural

Support policies and plans that prevent crime.

Civic Leadership and Governance

Actively advocate for federal and state government support, funding and services.

 

 

ATTACHMENTS

 

1.View

Editorial from Fairfax May 2014 - Calls for Licensing of Brothels in NSW

  


69

NOM 01

Licensing Brothels in NSW

Attachment 1

Editorial from Fairfax May 2014 - Calls for Licensing of Brothels in NSW

 


 


71

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 02

Intermodal

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

245354.2014

Author

Peter Harle  - Councillor

Geoff Shelton - Councillor

 

 

Background

 

Given the importance to the community of the proposed intermodal(s) at MOOREBANK and Council's advocacy for site to be relocated to buffer land surrounding the proposed Badgery's Creek Airport the following motion is proposed.   

 

 

NOTICE OF MOTION

 

That Council through the CEO writes to the NSW Premier enclosing a copy of this motion and more particularly seeking specific written responses to the following:

 

1.   What is Sydney's rail freight capacity (and in particular the Port Botany rail link), and is it adequate to cope with current and projected freight movements through Port Botany?

2.   How many containers may be moved through the Port of Newcastle before compensation is payable to NSW Ports?

3.   How much is that compensation and how is it calculated?

4.   Will an unedited copy of the current business case be provided to Council and if so when and on what terms? 

 

 

CONSIDERATIONS

 

Economic and Financial

Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.

Environmental and Sustainability

Manage air, water, noise and chemical pollution.

Raise community awareness and support action in relation to environmental issues.

Social and Cultural

Preserve and maintain heritage, both landscape and cultural as urban development takes place.

Civic Leadership and Governance

Actively advocate for federal and state government support, funding and services.

 

 

ATTACHMENTS

 

Nil


73

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 03

 CT Lewis Hill Road Lurnea

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Property Strategy

File Ref

245599.2014

Author

Anne Stanley - Councillor

 

 

Background

 

It has come to the attention of Council that significant works are required to the Council owned facility known as CT Lewis. To ensure that another community building is not lost to Liverpool Residents and to provide a continuing pre-school which has operated on this site for over 40 years steps should be made to restore the building.

 

NOTICE OF MOTION

 

That Council:

 

1.   Provides $100,000 in this budget year from the Councillor Reserve to begin restoration works on CT Lewis, Hill Road Lurnea.

 

2.   Begins these works immediately.

 

3.   Opens discussions with KU Childrens Services to continue providing services at this centre given the commitment by Council to improve the Centre and as an acknowledgement of their care of children in our community for 40 years.

 

4.   Provides further funds in the 2014-15 budget to complete works.

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Raise awareness in the community about the available services and facilities.

Support community organisations, groups and volunteers to deliver coordinated services to the community.

Deliver high quality services for children and their families.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


75

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 04

Community Facilities and Buildings in Liverpool

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Property Strategy

File Ref

245631.2014

Author

Anne Stanley - Councillor

 

 

Background

 

Unfortunately it has come to Council's attention that there are Council buildings which are in need of refurbishment and attention. This notice of motion calls for a report so that Councillors are aware of any issues that exist.

 

NOTICE OF MOTION

 

That Council:

 

1.   Provides a report at its November 2014 Council Meeting detailing the following:

 

a)   All Council Community Facilities and Buildings and their current status.

 

b)   Identify from the list in (a) above those in need of significant works in the next 12 months. (Significant would be defined as those that will have to close if such works are not programmed.)

 

c)   Costs of such work, possible liabilities or consequences if works are not completed.

 

d)   Plans currently in place for works on Community Facilities their cost and source of funds to be committed.

 

e)   Identify grant and other sources that could be used to complete works.

 

f)    Estimates of the cost to the Community if these facilities are lost, and how many residents/users would be effected. Information regarding the range of Community uses for our facilities.

 

 

g)   Works completed since 2008 on Community facilities, funds expended and the source of such funds.

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Raise awareness in the community about the available services and facilities.

Provide cultural centres and activities for the enjoyment of the arts.

Support policies and plans that prevent crime.

Preserve and maintain heritage, both landscape and cultural as urban development takes place.

Regulate for a mix of housing types that responds to different population groups such as young families and older people.

Support community organisations, groups and volunteers to deliver coordinated services to the community.

Deliver high quality services for children and their families.

Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

Nil


77

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 05

Policy review - remove red tape

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

NA

File Ref

245672.2014

Author

Tony Hadchiti - Councillor

 

 

Background

 

Council has many organisational policies which creates significant red tape that can impede council's performance. Many of these go back a number of years. This provides opportunities to find efficiencies and remove unnecessary burden. This motion calls on council to review its organisational policies over the next 12 months.

 

NOTICE OF MOTION

 

That:

 

1.   Council review its policies over the next 12 months in a gradual process.

 

2.   The first set of policies to be reviewed to be reported to council by the end of this year.

 

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Provide information about Council’s services, roles and decision making processes.

Deliver services that are customer focused.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil


79

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 06

Community and Cultural Facility within Liverpool City Centre

 

Strategic Direction

Vibrant Prosperous City

Activate the city centre and develop vibrant places that attract people to Liverpool

Key Policy

City Centre Strategy

File Ref

245734.2014

Author

Mazhar Hadid - Councillor

 

 

Background

 

With the rapid growth of Liverpool it is becoming apparent that there is a need for a significant community and cultural facility within the Liverpool city centre. Such a community asset would service the whole Liverpool community. This motion calls on council to commence the necessary works to identify the demand, form and location of a significant civic, cultural and community facility within the Liverpool town centre.

 

NOTICE OF MOTION

 

That Council:

 

1.   Commence the necessary works to identify the demand, form, budget of a significant civic, cultural and community facility within the Liverpool town centre.  

 

2.   Delegates to the CEO to use funds within the Iconic Facility Reserve for this process.

 

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

Facilitate the development of new tourism based on local attractions.

Further develop a commercial centre that accommodates a variety of employment opportunities (in the City Centre).

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

Provide cultural centres and activities for the enjoyment of the arts.

Support community organisations, groups and volunteers to deliver coordinated services to the community.

Support access and services for people with a disability.

Deliver high quality services for children and their families.

Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

 

 

ATTACHMENTS

 

Nil


81

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 07

CBD Waste Strategy

 

Strategic Direction

Healthy Inclusive  City

Plan, support and deliver high quality and accessible services, program and facilities

Key Policy

Waste Strategy

File Ref

245782.2014

Author

Mazhar Hadid - Councillor

 

 

Background

 

Many people are choosing to call Liverpool home. This is a great endorsement for us as a community. We all have known how good Liverpool is and that's why we call Liverpool home. Now many, many more people are choosing to join us, that's why we currently have 12 cranes over the sky which is unprecedented in the proud history in Liverpool.

This growth brings with it many challenges. This motion calls on call council to focus on the challenge about waste in the CBD. It is unsustainable to have hundreds of rubbish bins out on rubbish night and not best practice. The people of Liverpool want a clean and beautiful city that embraces best practice methods and we will do our best to provide it.

 

NOTICE OF MOTION

 

That Council:

1.   Review its current waste policies in the CBD for current and new buildings and report back to council.

2.   Consider more frequent pick ups and shared bins which is common in Sydney CBD and Parramatta.

3.   Consider ways to encourage businesses to share bins and ways to shield them away from the public.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Minimise household and commercial waste.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Act as an environmental leader in the community.

Foster neighbourhood pride and a sense of responsibility.

Provide information about Council’s services, roles and decision making processes.

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil


83

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 08

Live Life Get Active

 

Strategic Direction

Healthy Inclusive  City

Improve health and wellbeing and encourage a happy, active community

Key Policy

Recreation Strategy

File Ref

245827.2014

Author

Tony Hadchiti - Councillor

 

 

Background

 

Live Life Get Active (LLGA), formerly known as Surf Life Active, has been operating since February this year. The program offers fitness sessions every weekday of the school term in a great open space setting that are completely free to anyone who wants to participate. Participants register on-line and provide some basic information about who they are and what their current health is like and then they can book on-line into any sessions they wish to participate in.

 

The program has been very successful to date. Here are some key statistics about the program so far:

 

·    Current membership – 310

·    Number of fitness sessions held this year – 110

·    Participants from Liverpool LGA – 54%

·    Participants whose health is at-risk – 59%

 

The daily sessions of Active Yoga and X-Active are attracting a very positive attendance rate. Since June this year, an additional program paid for by BusinessLink has led to delivery of two daily fitness sessions run in Bigge Park each week day (12:15-1:00pm, and 1:00-1:45pm) with the addition of Active Boxing to the range of programs on offer. The program operators report increases in attendance rates and newly registered members during Spring as well as encouraging figures regarding more at-risk people accessing the program.

 

The program has successfully helped to meet the health and wellbeing needs of people living and working in Liverpool’s city centre and delivers on Direction 3 of the Community Strategic Plan – Healthy Inclusive City. Given the success of the program in the city centre, Council should now consider rolling this program out to other parts of the LGA so that more residents can benefit from this program.

 

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Undertakes an investigation of the most appropriate locations in the Liverpool Local Government Area for future expansion of the Live Life Get Active program.

 

2.   Assists LLGA with introductions to potential local sponsors for the program and marketing support for Liverpool based programs where relevant.

 

3.   Examines whether seed funding for the roll out of additional Liverpool programs may be needed to assist corporate take up of sponsorship.

 

4.   Promotes any expansion of the program on Council’s webpage and through advertisements in the local press.

 

5.    Provides a report to Council that provides information on the above together with the financial cost of operating and promoting the programs.

 

CONSIDERATIONS

 

Economic and Financial

Expansion of the program would be subject to available budget within Council and Live Life Get Active successfully securing further corporate sponsorship of additional sessions.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

The Live Life Get Active Program creates opportunities for the development for social capital by providing a free group fitness program that is delivered in a public place. Depending on the time and location that it is delivered, it may also contribute to increased natural surveillance and activation of public space which could reduce crime and increase the amenity of an area. It also has the potential to promote community harmony and address discrimination, and provide opportunities for young people, older residents, and those from disadvantaged backgrounds to participate. The program also provides health benefits for those that participate.

Civic Leadership and Governance

Encourage the community to engage in Council initiatives and actions.

 

 

ATTACHMENTS

 

Nil


85

Ordinary Meeting 29 October 2014

Notices of Motion

 

NOM 09

Gibson and Dunrossil Avenues Casula

 

Strategic Direction

Accessible Connected City

Provide safe and easy travel with a high quality road and traffic management network

Key Policy

Road Safety Plan

File Ref

245854.2014

Author

Tony Hadchiti - Councillor

 

 

Background

 

Council has received representation about the road surface condition of Gibson and Dunrossil Avenues Casula. Residents are concerned about the safety of the road. There are also concerns about the safety of residents using the pathway between Gibson and De Meyrick Avenues, as the pedestrian pathway has little or no lighting.

 

NOTICE OF MOTION

 

That Council:

 

1.   Investigate road surface condition at Gibson and Dunrossil Avenues, Casula and report results to next Council meeting.

 

2.   Request Council’s lighting contractor to assess the adequacy of street lighting at the pathway between Gibson and De Meyrick Avenues.

 

3.   If improvement is warranted, request lighting contractor to provide a scheme with an estimate of costs to upgrade lighting as per the Australian Standards in a report to be considered by the next Council meeting.

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Deliver services that are customer focused.

 

 

ATTACHMENTS

 

Nil    


87

Ordinary Meeting 29 October 2014

Development Application Determination Report

 

DAD 01

Development Application DA-790/2013 - Stage 2 development of a court approved masterplan in DA-394/2011 for a non-denominational cemetery at 41 Greendale Road, Bringelly (Lot 5 DP 252040)

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

231753.2014

Report By

Shannon Rickersey - Team Leader Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

41 Greendale Road, Bringelly NSW

Owner

Mr A Sadik

Applicant

Modernity Pty Ltd

 

 

Executive Summary

 

At the Council meeting of 30 July 2014, Council resolved that Development Application DA-790/2013 be deferred for negotiation regarding the issues raised by speakers at that meeting.

 

Council’s officers have met with both residents to discuss the issues raised at the meeting. Clarification has been provided and amendments made to the recommended conditions of consent as appropriate to address the issues raised.  A number of concerns raised relate to Stage 1 of the Court-approved development under DA-394/2011. Not all the issues raised can be addressed as part of this application because Council cannot amend a Court approved development unless this is sought by way of a Section 96(AA) Modification Application.

 

It recommended that the application be approved subject to the amended recommended conditions of consent.

 

              

 

RECOMMENDATION

 

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.

 

 

REPORT

 

Development Application DA-790/2013 was previously considered by Council at its meeting of 30 July 2014. Council resolved to defer determination of the application to enable negotiation regarding issues raised by speakers at the meeting.  A copy of the previous Council report is provided as a separate attachment.

 

Council officers have met with both speakers to discuss the issues raised. The issues are discussed below.

 

Issue 1 – Plantings in buffer zone

 

The submitted watering plan was raised as a concern, including whether watering in the buffer zone could be addressed in the conditions of consent, an what type of watering system would be implemented, having regard to the uneven terrain on the site.

 

Comment:

The recommended draft conditions 83, 177 and 178 have been amended to address this matter and clarify that watering is to include plantings in the buffer zone. The type of watering system is an operational matter and the ongoing implementation reports which are required to be generated (see condition 177) will ensure an acceptable level of watering is maintained.

 

Issue 2 – Berm in buffer zone

 

A query was raised regarding the berm, including whether the construction of the berm forms part of the Stage 1 (DA-394/2011) approval, and whether there was any scope to increase the width and/or size.

 

Comment

The construction of the berm forms part of the Stage 1 (DA-394/2011) Court approval and is not the subject of this application.

 

Issue 3 – Amenity area at front near car park

 

Concern was expressed that having regard to the size of the car park, that this area does not provide adequate shelter for the number of patrons that would be visiting the site in the event of bad weather.

 

Comment

There are no applicable development controls that apply to this aspect of the development.  The proposed amenity area is approximately 6.9m x 2.4m (16.56m²) and would provide shelter for up to approximately 16 persons. Any shelter would only be required on a temporary basis and it is considered that the proposed facilities are appropriate for the location and intended use.

 

Issue 4 – Draft Condition 35

 

A comment was made that draft Condition 35 notes that amended drawings are required for amenity buildings and the car parking area to comply with Building Code of Australia (BCA) and Access to Premises Standards.  A query was raised as to which part of the development does not currently comply with these requirements.

 

Comment

The wording of this condition is designed to ensure that all parking and pedestrian access ways comply with the relevant standards. The amended plans would include specific dimensions and notations which demonstrate compliance. This is a standard condition of consent.

 

Issue 5 – Gabion walls

 

Concern was expressed regarding the height of the gabion walls and the impact on the adjoining neighbor.

 

Comment

Condition 15 of the Stage 1 Court approval (DA-394/2011) sets out the envelope and height of columbarium walls as per drawing number 4 on Master Plan 04 Rev L dated March 2012 by McGregor Coxall. Condition 15 specifies that the columbarium walls are to be 60m x 110m to a maximum height of RL 121.6. The proposed plans for the modified gabion walls as part of this application (DA-790/2013) are consistent with this condition.

 

Issue 6 – Elevated walkway

 

Concern was expressed that elevations of the proposed elevated walkway have not been provided and certainty does not exist as to what would be constructed.

 

Comment

The Stage 1 approval (DA-394/2011) provides an indicative layout for the elevated walkway, however the application also notes that erection of the elevated walkway is to form part of the Stage 2 (DA-790/2013) application. The applicant has provided a plan showing elevations of the walkway which they note was presented in the Court proceedings for Stage 1. This plan is not listed in the Court-approved documents, however the layout is generally consistent with the Court approved plans. This plan shows that the highest point of the elevated walkway would be 3m above the existing ground level at a point approximately 21 metres from the western boundary. The construction of the berm along the boundary and plantings along the boundary will provide screening to adjoining properties. The nearest dwelling is located approximately 150 metres from the highest point of the walkway and the nearest point of the walkway to any dwelling is approximately 125 metres. It is considered that the walkway would not significantly impact on the amenity of adjoining residents and it is recommended this plan be included in the conditions of the consent for this application in Condition 1(t).

 

Issue 7 – Density of planting

 

Concern was expressed that the overall density of plantings within the buffer area is too low, particularly along the western boundary.

 

Comment

A landscaping planting plan was approved as part of the Stage 1 court approval of DA-394/2011 (planting plan 09 Rev K).  The court-approved consent refers to the provision of vegetation buffers and screening as forming part of Stage 1 of the approval (DA-394/2011).  While the density of screening appears to be low along the western boundary it does not form part of this application. There are no additional impacts of this application that were not considered as part of the Stage 1 approval that would justify requiring the applicant to provide further screening. 

 

Issue 8 – Burial schedule

 

A query was raised regarding whether there was a proposed strategy for undertaking burials at the site in terms of a starting point for burials.  A request was made that burials begin at the front of the site to allow for plantings to grow to provide shielding in the buffer zones.

 

Comment

An amended condition of consent is included requiring an amended ‘Cemetery Management and Operation Plan’ to be submitted to address the staging of burials (Condition 161).

 

Issue 9 – Commencement of use

 

A query was raised as to when burials would commence on the site in terms of construction of other aspects of the proposal.

 

Comment

It has been confirmed with the applicant that burials would commence upon completion of the construction works and the issuing of an occupation certificate.  This has been clarified by the inclusion of a condition of consent requiring the issuing of an Occupation Certificate prior to the use commencing (Condition 162).

 

Issue 10 – Design for the ring road around Sydney

 

A query was raised as to whether there was a design for the recently announced ring road around Sydney and whether it would impact on the site.

 

Comment

No known impacts on the subject site have been identified.

 

Conclusion

 

The issues raised by speakers at the Council meeting of 30 July 2014 have been discussed with both the objectors and the applicant. Clarification has been provided on aspects of the development as appropriate. There are some aspects of the development which the objectors continue to oppose. The height of the proposed gabion wall is one point of contention. This component of the development was approved by the Land and Environment Court and these aspects cannot be revisited as part of this application.

 

The application has been assessed against the relevant provisions of Section 79C of the Environmental Planning and Assessment Act 1979. The application and is recommended for approval subject to conditions.

 

CONSIDERATIONS

 

Economic and Financial

Facilitate economic development.

Environmental and Sustainability

Manage the environmental health of waterways.

Enhance the environmental performance of buildings and homes.

Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant Details (Under separate cover)

2.View

Council Report of 30 July 2014 including attachments (Under separate cover)

3.View

Revised draft conditions (Under separate cover)

  


92

Ordinary Meeting 29 October 2014

Development Application Determination Report

 

DAD 02

Draft planning agreeement in connection with DA-490/2013 Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool

 

Strategic Direction

Vibrant Prosperous City

Activate the city centre and develop vibrant places that attract people to Liverpool

Key Policy

City Centre Strategy

File Ref

234354.2014

Report By

Shannon Rickersey - Team Leader Development Assessment

Approved By

Toni Averay - Director Planning & Growth

 

Property

220-230 Northumberland Street, Liverpool

Owner

Mr L Biordi, Mr D Biordi, Mrs F Biordi

Applicant

B. DE C. Environmental Pty Ltd

 

 

Executive Summary

 

Council has received a Development Application DA-490/2013 for the demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool.

 

The development application is accompanied by an offer to enter into a planning agreement.  The item of offer contained within the agreement is for a monetary contribution to be paid to Council and attributed to existing contributions plans that are utilised by Council to provide public car parking facilities.

 

Ordinarily, a development of this type would need to incorporate on-site parking to obtain development consent.  However, due to the constraints of the site and planning controls, the provision of car parking for the development on-site is not practicable.

 

Council’s endorsement is sought as part of this report to execute the planning agreement subject to exhibition of the draft agreement and explanatory note.  If Council resolves to execute the Planning Agreement, development consent for the commercial building can be issued under delegation.

 

 

RECOMMENDATION

 

That Council:

 

1.       Endorses the draft planning agreement and explanatory note in its current form and publicly exhibits the documents for a period of 28 days.

 

2.       Delegates to the Chief Executive Officer (CEO), subject to consideration of any changes following public exhibition authority, to execute the planning agreement in the form that is publicly exhibited or with minor alterations.

 

3.       Notes that if changes other than minor changes arise from the public exhibition process these will be reported back to Council.

 

4.       Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

 

 

REPORT

 

The Site

The site the subject of development application DA-490/2013 is identified as Lots 1 & 2 in DP 504760 and is located at 220-230 Northumberland Street, Liverpool.  The subject site is identified below.

 

Figure 1: Aerial view of subject site

 

The site is located within the Liverpool City Centre area and is located adjacent to the Council-owned Northumberland Street Car Park to the south and a strata owned commercial development to the north.

 

The Proposal

The proposed planning agreement is made in connection with DA-490/2013 which proposes the demolition of existing structures and the erection of a seven storey commercial building.  The application does not propose the provision of on-site car parking.  Due to the constraints of the site including the size of the allotments, the nature of the adjoining developments, and the planning controls that restrict vehicular access to the site, the applicant has demonstrated that the provision of on-site parking is not practicable for the proposed development.

 

The landowners have proposed to enter into a planning agreement in lieu of the provision of on-site parking. The item of offer contained within the agreement is for a monetary contribution to be paid to Council and attributed to existing contributions plans that are used by Council to provide public car parking facilities.

 

Development Controls

 

Car Parking

Clause 7.3 of Liverpool Local Environmental Plan (LLEP) 2008 contains development standards applicable to car parking in Liverpool City Centre as follows:

 

(2)  Development consent must not be granted to development on land in the Liverpool city centre that is in Zone B3 Commercial Core or B4 Mixed Use that involves the erection of a new building or an alteration to an existing building that increases the gross floor area of the building unless:

(a)  at least one car parking space is provided for every 200 square metres of any new gross floor area that is on the ground floor level of the building, and

(b)  in respect of any other part of the building:

(i)  at least one car parking space is provided for every 100 square metres of any new gross floor area that is to be used for the purposes of retail premises, and

(ii)  at least one car parking space is provided for every 150 square metres of any new gross floor area that is to be used for any other purpose.

 

It also provides that:

 

(3)  Despite subclause (2), development consent may be granted to a development with less or no on site car parking if the consent authority is satisfied that the provision of car parking on site is not feasible.

 

As described above, the applicant has demonstrated that the provision of on-site parking in the circumstances of DA-490/2013 is not practicable (and hence not feasible), however the development would still generate a demand for 7 car parking spaces.  It is therefore considered that a planning agreement is an appropriate mechanism to provide for a contribution towards the construction of public car parking in the Liverpool area. 

 


 

Planning Agreement

A planning agreement can be made under section 93F of the Environmental Planning & Assessment Act 1979 (the Act) and is a voluntary agreement between Council and the developer, under which the developer is required to dedicate land free of cost, pay a monetary contribution or provide other material public benefit, or any combination of these, to be used towards a public purpose.

 

The Act specifies that a public purpose includes the provision of public amenities or public services, the provision of affordable housing, the provision of transport or other infrastructure relating to the land, the funding of recurrent expenditure relating to any of these, the monitoring of the planning impacts of a development and the conservation or enhancement of the natural environment.

 

An offer has been made by the land owners of Lots 1 & 2 in DP 504760 to enter into a planning agreement in connection with DA-490/2013.  A draft copy of the agreement is included as an attachment to this report.  In summary, the terms of the agreement specify that:

 

·    A monetary contribution is to be provided by the Landowner to Council prior to the issue of any Construction Certificate for the development the subject of DA-490/2013.

·    The monetary contribution to be paid is the amount of $235,445.00

 

The figure of the monetary contribution is based on the demand for parking generated by the development and the cost of construction of car parking facilities based on costings from the Independent Pricing and Regulatory Tribunal. The development would general a demand for 7 parking spaces under Council’s current LEP. The contribution amount has been calculated on the basis of $33,635 per space. This figure has been negotiated between the applicant, landowners, and Council’s planning, strategic, traffic and property officers.

 

Public Purpose and Public Benefit

The public purpose of the planning agreement includes the payment of a monetary contribution to be attributed to an existing contributions plan, Liverpool Contributions Plan 2009, to be utilised by Council to construct public car parking facilities within the Liverpool Local Government Area.

 

Conclusion

An offer to enter into a Planning Agreement in connection with Development Application DA-490/2013 for demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street has been received.

 

It is considered that the proposed planning agreement has both planning and public benefit. It is recommended that it be endorsed by Council and exhibited in accordance with the regulations and that Council delegates to the CEO, subject to consideration of any changes following public exhibition, to execute the planning agreement in the form that is publicly exhibited or with minor alterations.

 

CONSIDERATIONS

 

Economic and Financial

Provide efficient parking for the City Centre.

Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.

Environmental and Sustainability

Support the delivery of a range of transport options.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Applicant Details (Under separate cover)

2.View

Voluntary Planning Agreement (Under separate cover)

3.View

Draft Explanatory Note (Under separate cover)

  


97

Ordinary Meeting 29 October 2014

Development Application Determination Report

 

DAD 03

Voluntary Planning Agreement for DA-920/2012 at 10 Orange Grove Road, Warwick Farm, 5 Viscount Place, Warwick Farm, and 12 Homepride Avenue, Warwick Farm

 

Strategic Direction

Vibrant Prosperous City

Activate the city centre and develop vibrant places that attract people to Liverpool

Key Policy

City Centre Strategy

File Ref

241646.2014

Report By

Brendon Clendenning - Senior Development Planner

Approved By

Toni Averay - Director Planning & Growth

 

 

Executive Summary

 

Council has determined a Development Application DA-920/2012 for the use and fit out of an existing building for the purpose of a retail centre (operating as a discount retail outlet centre); construction of a new car park; and ancillary site works at the subject site known as 10 Orange Grove Road, Warwick Farm 5 Viscount Place, Warwick Farm, and 12 Homepride Avenue, Warwick Farm.

 

The Development Application was accompanied by an offer to enter into a planning agreement. The item of offer contained within the agreement is for a monetary contribution to be paid to Council and attributed to existing contributions made pursuant to Section 94A of the Environmental Planning and Assessment Act 1979. DA-920/2012 was approved by Council on at its meeting of 23 December 2013. Condition 2 of this development consent required the applicant to prepare a voluntary planning agreement in accordance with the offer made to Council.

 

The draft agreement was exhibited from 20 August to 18 September 2014. Council’s endorsement is now sought to execute the planning agreement.

 

RECOMMENDATION

 

That Council:

 

1.       Notes the outcome of the exhibition period, being the receipt of one objection.

 

2.       Notes  the previous endorsement of the draft planning agreement made prior to the exhibition period.

 

3.       Delegates to the Chief Executive Officer (CEO) the authority to execute the planning agreement in the form that was publicly exhibited.

 

4.       Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.

 

 

 

REPORT

 

The Site

The site the subject of development application DA-920/2012 is identified as Lot 101 DP 1043160, Lot 121 DP 876962 and Lot 2 DP 1088280 and is located at Liverpool Megacentre, 10 Orange Grove Road, Warwick Farm, 5 Viscount Place, Warwick Farm, and 12 Homepride Avenue, Warwick Farm. The subject site is identified below.

 

Figure 1: Aerial view of subject site

 

The site is bound by Orange Grove Road to the west, Cabramatta Creek to the north, and industrial development to the south. To the east of the subject site sits Dwyer Oval as well as low density residential development.

 

The Proposal

The planning agreement is made in connection with DA-920/2012 which was approved for the use and fit out of an existing building for the purpose of a retail centre (operating as a discount retail outlet centre); construction of a new car park; and ancillary site works.

 

The landowners of the site have made an offer to enter into a planning agreement. The item of offer contained within the agreement is for a monetary contribution to be paid to Council and attributed to existing contributions made pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 (the Act).

 

This matter was presented to the Council meeting of 25 September 2013, and Council resolved as follows:

 

“That Council:

 

1. Accepts the offer of the Voluntary Planning Agreement and endorses the draft Voluntary Planning Agreement in its current form.

2. Publicly exhibits the Draft Voluntary Planning Agreement between Liverpool City Council and Gazcorp Pty Ltd for a period of 28 days.

3. Receives a further report following the outcome of the exhibition period”.

 

This report is prepared having regard to the third component of the resolution.

 

Planning Agreement

The item of offer contained within the agreement is for a monetary contribution to be paid to Council and attributed to existing contributions made pursuant to Section 94A of the Act. DA-920/2012 was approved by Council at its meeting of 23 December 2013. Condition 2 of this development consent requires the applicant to prepare a Voluntary Planning Agreement in accordance with the offer made to Council.

 

A Planning Agreement can be made under section 93F of the Act and is a voluntary agreement between Council and the developer, under which the developer is required to dedicate land free of cost, pay a monetary contribution or provide other material public benefit, or any combination of these, to be used towards a public purpose.

 

The Act specifies that a public purpose includes the provision of public amenities or public services, the provision of affordable housing, the provision of transport or other infrastructure relating to the land, the funding of recurrent expenditure relating to any of these, the monitoring of the planning impacts of a development and the conservation or enhancement of the natural environment.

 

An offer has been made by the land owners of Lot 101 DP 1043160, Lot 121 DP 876962 and Lot 2 DP 1088280 to enter into a planning agreement in connection with DA-920/2012. A draft copy of the agreement is included as an attachment to this report. In summary, the terms of the agreement specify that:

 

·    A monetary contribution is to be provided by the Landowner to Council prior to the issue of any Construction Certificate for the development the subject of DA-920/2012.

·    The monetary contribution to be paid is the amount of $100,000. Schedule 3 of the Draft Planning Agreement, provides a breakdown of the purpose of the contributions. This information is reproduced below:

 

 

 

 

 

Item No.

Public Purpose

Timing of Payment

Total Amount

1.

Contribution toward Town Improvement Fund.

Prior to the issue of any Construction Certificate for the Development or part of the Development.

$95,000

2.

Administration, contributions towards administration of contributions including legal costs associated with the preparation, negotiation, execution and ongoing administration of this deed.

On execution of this deed.

$5,000

Total Monetary Contribution

$100,000

 

Public Purpose and Public Benefit

The public purpose of the planning agreement includes the payment of a monetary contribution to be attributed to an existing contributions plan, Liverpool Contributions Plan 2009.

 

Exhibition Period

Pursuant to Section 93G of the Act and Section 25D of the Environmental Planning and Assessment Regulation, 2000, the Voluntary Planning Agreement was publicly exhibited from 20 August 2014 to 18 September 2014. During, the exhibition period, one submission was received. The issues raised within the submission are summarised as follows:

 

Issue: “The approval of up to 19,000 sqm of retail premises in an out-of-centre location results in no public benefit, significant additional costs and ultimately divestment away from Liverpool City Centre. At the same time, retailing in out-of-centre locations requires lower rates, limited developer contributions, lower development costs and ultimately no contribution to any broader public benefit”.

 

Response: The planning proposal and the Development Application have each been approved prior to the exhibition of the Planning Agreement. As such, these matters can no longer be considered.

 

Issue: “The VPA offer of $100,000 is totally inadequate and inequitable by comparison with the Sec 94 Contributions required from Liverpool CBD retail DA’s.

Issue: The Orange Grove site needs to include the cost of the Building, not just the refurbishment or fit out costs to be considered equitable or comparable with CBD retailing”.

“It has been estimated that at $3,000 per sqm to develop a retail building in the CBD and with 14,500 sqm retail space in the building, the Building cost would be about $43M. 3% of $43M is $1.29M, which equates to the Sect 94 contribution payable for development of a similar size retail development within the CBD”.

 

Response: The Liverpool Contributions Plans 2009 requires the payment of a fixed development consent levy pursuant to Section 94A of the Environmental Planning and Assessment Act 1979. The Liverpool Contributions Plans 2009 limits the fixed development consent levies only to those developments within the Liverpool City Centre with a cost of works exceeding $1 million. There is currently no contributions plan which enables Council to require the payment of contributions for the subject development. In addition, the Voluntary Planning Agreement has not been made in lieu of the payment of developer contributions.

 

Issue: “Furthermore, any development within the Liverpool CBD (whether alterations, additions or modifications) to retail floor space will attract a 3% levy thereby being totally inequitable to what is proposed for retailing in an out of centre location, such as Orange Grove. For example, Westfield’s last DA was for a reduction of retail floor space within the centre of 5,500sqm at a construction cost of $10m. A 3% development levy was applied resulting in an approx. $300k development levy despite the reduction of retail”.

 

Response: As indicated previously, there is currently no contributions plan which enables Council to require the payment of contributions for the subject development. In addition, the Voluntary Planning Agreement has not been made in lieu of the payment of developer contributions. Development in the City Centre is levied at a rate of 2% (not 3%) of the cost of the development. This is applied to all developments within the City Centre with a cost of works exceeding $1 million, including alterations and additions to shopping centres such as Westfield.

 

Conclusion

An offer to enter into a Planning Agreement in connection with Development Application DA-920/2012 for use and fit out of an existing building for the purpose of a retail centre (operating as a discount retail outlet centre); construction of a new car park; and ancillary site works at Liverpool Megacentre, 10 Orange Grove Road, Warwick Farm 5 Viscount Place, Warwick Farm, and 12 Homepride Avenue, Warwick Farm has been received. The Planning Agreement has been publicly exhibited as required by the Act.

 

It is considered that the proposed planning agreement has both planning and public benefit, and that the matters raised within the submission do not present any previously unidentified issues which would inhibit the execution of the planning agreement. It is recommended that Council delegates the authority to the CEO to execute the planning agreement in the form that was publicly exhibited.

 

CONSIDERATIONS

 

Economic and Financial

This amount has not been budgeted for in the current financial year. It is recommended that any income received be credited back into the relevant Section 94 Contribution Plan.

Environmental and Sustainability

There are no environmental or sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

ATTACHMENTS

 

1.View

Voluntary Planning Agreement contained within Attachment Booklet Part 8 (pg 342-390) of Council meeting agenda for 25 September 2013. (Under separate cover)

2.View

Final Explanatory Note - DA-920 2012 (Under separate cover)

    


103

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 01

Amendments to the Statement of Revenue Policy (Fees and Charges) 2014-15

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Long-Term Financial Plan

File Ref

217219.2014

Report By

Miles Carter - Project Officer - Strategy and Performance

Approved By

Hiba Soueid - Manager Corporate Strategy and Performance

 

 

Executive Summary

 

At the July and August Council meetings, Council resolved to place several amendments to the Statement of Revenue Policy (Fees and Charges) 2014-15 on public exhibition.

 

The exhibition periods have now ended with no submissions being received. Consequently it is recommended that the following revisions to the Statement of Revenue Policy be adopted:

 

1.   The Hoarding Fee Structure of:

A class – Application fee of $250 and $25 per metre per month.

B class – Application fee of $500 and $50 per metre per month.

 

2.   The Major Planning Proposal fee of $35,000 plus cost recovery.

 

3.   Amendments to several Development Application Fees.

 

RECOMMENDATION

 

That Council:


Adopts the following amendments to the Statement of Revenue Policy (Fees and Charges) 2014-2015:

 

1.   The Hoarding Fee Structure of:

 

A class – Application fee of $250 and $25 per metre per month.

B class – Application fee of $500 and $50 per metre per month.

 

2.   The Major Planning Proposal fee of $35,000 plus cost recovery.

 

3.   Amendments to several Development Application Fees.

 

REPORT

 

July Council meeting – Changes to Hoarding Fees

 

Following a review of Council’s hoarding fees that found that the current fee was higher than those of comparable western Sydney Councils. At the July Council meeting, Council resolved to place the following hoarding fees on public exhibition:

·    A class – Application fee of $250 and $25 per metre per month.

·    B class – Application fee of $500 and $50 per metre per month.

The proposed changes were placed on public exhibition from 18 August to 15 September 2014.

August Council meeting – Changes to Major Planning Proposal Fee and Development Application Fees

 

A review of Council's Major Planning Proposal fee found that the current fees were considerably lower than those of comparable western Sydney Councils. Accordingly at the August Council meeting, Council endorsed to increase the fee from $30,000 to $35,000 plus cost recovery and place this on public exhibition.

 

Additionally, it was discovered that due to a formatting error several fees were not aligned to the correct description. This impacted on two pages of the ‘Development Application’ fees. The correct fees were also placed on public exhibition.

 

The above changes were placed on public exhibition from 28 August to 1 October 2014.

 

Public Exhibition Process:

 

Information was placed on Council’s website under the Public Exhibition section and notices seeking submissions were included in the Liverpool City Council News section of the Liverpool Leader and South West Advertiser newspapers.

 

Council did not receive any submissions on the proposed amendments. It is therefore recommended that Council adopts all of the proposed fees.

 

CONSIDERATIONS

 

Economic and Financial

The financial implications for each of the fees and charges have been outlined in the attached documents and report.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision making processes.

Ensure Fees and Charges are equitable.

 

 

ATTACHMENTS

 

1.View

Amended Hoarding Fees 2014-15

2.View

Amended Major Planning Proposal Fee 2014-15

3.View

Amended Development Application Fees 2014-15

  


107

CFO 01

Amendments to the Statement of Revenue Policy (Fees and Charges) 2014-15

Attachment 1

Amended Hoarding Fees 2014-15

 


107

CFO 01

Amendments to the Statement of Revenue Policy (Fees and Charges) 2014-15

Attachment 2

Amended Major Planning Proposal Fee 2014-15

 


109

CFO 01

Amendments to the Statement of Revenue Policy (Fees and Charges) 2014-15

Attachment 3

Amended Development Application Fees 2014-15

 


 


110

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 02

Annual Pecuniary Interest Returns for Councillors and Designated Persons

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Local Government Act 1993

File Ref

230489.2014

Report By

David Maguire - Governance Officer

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

Section 450A of the Local Government Act 1993 (the Act) requires that the completed annual pecuniary interest returns of Councillors and designated persons holding office and occupying positions as at 30 June 2014 be tabled before Council.

 

This report recommends that Council notes that the annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2013, are tabled before Council.

 

 

RECOMMENDATION

 

That Council notes that the annual pecuniary interest returns of all Councillors and all designated persons, holding office or occupying positions, as at 30 June 2013, are tabled before Council under section 450A of the Local Government Act 1993.

 

REPORT

 

Section 449(3) of the Act provides that a Councillor or a designated person, holding that position as at 30 June in any year, must complete and lodge with the Chief Executive Officer within three months after that date, a return in the form prescribed by the regulations.

 

All Councillors and designated persons have lodged their completed returns with the Chief Executive Officer by the due date, 30 September 2014.

 

Designated persons are defined under section 441 of the Act as:

 

·    The Chief Executive Officer

 

·    Other senior staff members of Council

 

·    Members of Council staff who hold positions which have been identified by the Chief Executive Officer as designated persons because the exercise of the regulatory or contractual functions of their role could give rise to a conflict between the person’s duty as a member of Council staff and the person’s private interest.

 

·    Persons (other than members of the senior staff of the council) who are members of a committee of Council identified by the Council as a committee whose members are designated persons because the functions of the committee involve the exercise of the Council’s functions under the Act or any other Act (including the Environmental Planning and Assessment Act 1979) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest. (All members of Council's Independent Hearing and Assessment Panel are designated persons.).

 

Section 450A of the Act requires that all pecuniary interest returns required to be lodged with the Chief Executive Officer must be tabled at the first meeting of the Council after the date on which they are required to be lodged.

 

It is recommended that Council notes that the annual pecuniary interest returns of all Councillors and all designated persons, holding office as at 30 June 2013, are tabled before Council.

 

CONSIDERATIONS

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil


112

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 03

Code of Conduct Complaints Report

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Local Government Act 1993

File Ref

231923.2014

Report By

David Maguire - Governance Officer

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

Council adopted its Code of Conduct and Code of Conduct Procedures on 6 February 2013. The new Code and Procedures came into effect on 1 March 2013.

 

Under clause 12 of the Procedures, the Complaints Coordinator must report on a range of Code complaints statistics to Council and the Office of Local Government (the OLG) within the three months of the end of September each year. The OLG intends to publish details of complaints statistics provided by all councils in NSW.

 

No Code of Conduct complaints were received by Council during the 12 months prior to 30 September 2014.

 

It is recommended that Council receives and notes this report and the attached Code of Conduct Complaints Statistics Report prepared for the OLG.

 

 

RECOMMENDATION

 

That Council receives and notes this report and the attached Code of Conduct Complaints Statistics Report prepared for the Office of Local Government.

                                  

 

REPORT

 

Council adopted its Code and Procedures, based on the Model Code and Procedures, on 6 February 2013. The new Code and Procedures came into effect on 1 March 2013.

 

Clause 12 of the Procedures states:

 

12.1 The complaints coordinator must arrange for the following statistics to be reported to the council within 3 months of the end of September of each year:

 

a)   the total number of code of conduct complaints made about councillors and the general manager under the code of conduct in the year to September.

b)   the number of code of conduct complaints referred to a conduct reviewer.

c)   the number of code of conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints.

d)   the number of code of conduct complaints investigated by a conduct reviewer.

e)   the number of code of conduct complaints investigated by a conduct review committee without identifying particular matters, the outcome of code of conduct complaints investigated by a conduct reviewer or conduct review committee under these procedures.

f)    the number of matters reviewed by the Division and, without identifying particular matters, the outcome of the reviews and

g)   the total cost of dealing with code of conduct complaints made about councillors and the general manager in the year to September, including staff    costs.

 

12.2 The council is to provide the Division with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.

 

Council's Complaints Coordinator is the Governance Officer.

 

Council has not received any Code complaints involving the Mayor, Councillors and the Chief Executive Officer during the past 12 months. The attached Code of Conduct Complaints Statistics Report, prepared for the OLG, reflects this fact.

 

It is recommended that Council receives and notes this report and the attached Complaints Statistics Report prepared for the OLG.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.View

Liverpool City Council Code of Conduct Complaints Report

  


115

CFO 03

Code of Conduct Complaints Report

Attachment 1

Liverpool City Council Code of Conduct Complaints Report

 


115

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 04

Council Meeting Dates - January to December 2015

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

NA

File Ref

233141.2014

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

The purpose of this report is to confirm the Council meeting schedule for 2015. It is proposed that Council meetings for the 2015 calendar year continue to be held monthly commencing at 6.00pm and be scheduled for the last Wednesday of each month, with exception where required.

 

It is recommended that Council adopt the proposed meeting dates for 2015 as contained in this report.

 

 

RECOMMENDATION

 

That Council:

 

1.   Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2014 calendar year as follows:

 

·    4 February 2015

·    25 February 2015

·    25 March 2015

·    29 April 2015

·    27 May 2015

·    24 June 2015

·    29 July 2015

·    26 August 2015

·    30 September 2015

·    28 October 2015

·    25 November 2015

·    16 December 2015

 

2.   Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2015 calendar year. 

 

 

REPORT

 

Section 365 of the Local Government Act 1993 stipulates that councils must meet at least 10 times per year. Section 366 of the Act makes provision for additional meetings to be called if necessary. 

 

To assist in meeting statutory requirements and provide reporting consistency, it is proposed that the Council meetings for the 2015 calendar year remain on a monthly cycle, commencing at 6.00pm.  The meetings are proposed to fall on the last Wednesday of each month with the exception of January and December. A meeting early in February 2015 is recommended to be held to deal with business accumulated during the January break. The December meeting is recommended to be held on the third Wednesday in the month.

 

Additional meetings can be called at any time if necessary, subject to appropriate notice provisions. These could cater for extraordinary matters that arise from time to time or to prevent agenda items becoming too voluminous.

 

It is therefore recommended that Council adopts the meeting dates for the 2015 calendar year as outlined in Table 1.

 

Table 1 – Proposed Council meeting dates 2015

 

Meeting date

Comments

4 February 2015

First meeting after January break to deal with accumulated business.

25 February 2015

Last Wednesday of the month.

25 March 2015

Last Wednesday of the month.

29 April 2015

Last Wednesday of the month.

27 May 2015

Last Wednesday of the month.

24 June 2015

Last Wednesday of the month.

29 July 2015

Last Wednesday of the month.

26 August 2015

Last Wednesday of the month.

30 September 2015

Last Wednesday of the month.

28 October 2015

Last Wednesday of the month.

25 November 2015

Last Wednesday of the month.

16 December 2015

Third Wednesday of the month.

 

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil


118

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 05

Investment Report September 2014

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Long-Term Financial Plan

File Ref

235219.2014

Report By

Vishwa Nadan - Manager Financial Management

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

This report details the Council’s Investment portfolio.

 

At 30 September 2014, Council held investments with a market value of $169.2 million. The portfolio yielded a return of 4 per cent being 126 basis points above the benchmark of 2.74 per cent for the month.

 

Council’s investments and reporting obligations fully comply with the requirements of Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council's Investment Policy.

 

RECOMMENDATION

 

That Council receives and notes this report.

 

REPORT

 

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

 

Council’s Portfolio

 

At 30 September, Council held investments with a market value of $169.2 million. Council’s investment register detailing all its investments is provided as an attachment to this report.

In summary, Council’s portfolio consisted of investments in:

 

·    Term deposits                                $133 million

·    Cash at Call & in Bank                  $15.9 million

·    Debt securities, Bonds & FRN’s    $20.3 million

 

As at the end of September 2014 the ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class

Sep-14

Jun-14

Senior Debts (FRN's)

101.2%

 101.48%

Senior Bonds (NCD & Corporate Bonds)

104.35%

 104.56%

MBS (Reverse Mortgage Backed Securities)

  63.93%

  60.14%

Total

  96.16%

  94.05%

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council continues to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

The following breaks down Council’s investment by issuer and provides an analysis on their ratings.

2549iT17

 

 

Issuer

Market Value

% Total Value

AMP Bank Ltd

4,982,225

2.94%

ANZ Banking Group Ltd

2,061,120

1.22%

Bananacoast Community Credit Union Ltd

4,000,000

2.36%

Bank of Queensland Ltd

35,000,000

20.69%

Bank of Sydney Ltd

1,000,000

0.59%

Bendigo & Adelaide Bank Ltd

3,026,770

1.79%

Commonwealth Bank of Australia Ltd

15,982,196

9.45%

Credit Union Australia Ltd

2,006,600

1.19%

Emerald Reverse Mortgage Trust

1,985,280

1.17%

Members Equity Bank Ltd

18,018,970

10.65%

National Australia Bank Ltd

52,044,310

30.76%

P&N Bank Ltd

8,000,000

4.73%

Police Bank Ltd

1,003,980

0.59%

Rabobank Australia Ltd

7,000,000

4.14%

St George Bank Limited

2,000,000

1.18%

Suncorp-Metway Ltd

2,015,720

1.19%

Westpac Banking Corporation Ltd

9,069,500

5.36%

Portfolio Total

169,196,671

100.00%

 

 Security Rating

Short Term Security Rating Group

Market Value

% Total Value

 

 

 

A1+

41,919,256

24.78%

A1

4,982,225

2.94%

A2

58,000,000

34.28%

N/R

14,000,000

8.27%

Portfolio Total

118,901,481

70.27%

Long Term Security Rating Group

Market Value

% Total Value

AAA

1,257,610

0.74%

AA+ to AA-

41,241,850

24.38%

A+ to A-

3,766,180

2.23%

BBB+ to BBB-

4,029,550

2.38%

Portfolio Total

50,295,190

29.73%

Total

169,196,671

100.00%

 

 

Council yielded a return of 4 per cent being 126 basis points above the benchmark of 2.74 per cent for the month of September.

 

 

 

 

 

 

Portfolio Maturity Profile

 

The chart below shows the market value of funds invested at different durations to maturity.

 

 

Investment Portfolio at a Glance

 

Portfolio Performance vs. 90 day annualised Bank Bill Index for the month

MCWB01114_0000[1]

The portfolio yield for September is above the annualised benchmark for the month (4% against 2.74%).

Portfolio Performance vs. 90 day Bank Bill index over the 12 month period.

MCWB01114_0000[1]

The portfolio yield for the past 12 month period is above the benchmark for the same period (4.11% against 2.65%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment income on

General Fund was $57k above year to date budget.

 

Investment Policy Compliance

 

Legislative Requirements

 

MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant.

 

Institutional Exposure Limits

MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

X

Exceeded term to maturity limit on existing Mortgage Back Securities purchased in 2006 and in 2007. The maturity dates have been extended by the issuer of the securities to reflect the revisedactuarial expected weighted average life (WAL) of when they are most likely to be fully paid.

 

 

Economic Outlook – Reserve Bank of Australia

 

At its October 2014 meeting, the Board of the Reserve Bank of Australia (RBA) decided to leave the cash rate unchanged at 2.5 per cent. A statement released on 7 October 2014 by Glenn Stevens, Governor of the RBA commenting on the central bank decision is attached to this report. The return on term deposits over medium term (2 to 3 years to maturity) is currently at 3.5 per cent to 3.8 per cent per annum. Short term deposits rate (less than one year to maturity) is ranging from 3 per cent for 30 days to 3.5 per cent for one year.

 

Capital Reforms in Australia - Basel (iii) liquidity reforms 

 

Following the global financial crisis, all G20 nations (including Australia) agreed to adopt a new set of banking regulations, known as Basel III.  The Basel III liquidity reforms comprise of two quantitative measures – 30 day Liquidity Coverage Ratio (LCR) and a Net Stable Funding Ratio (NSFR). The objective of new measures is to address the liquidity risk and strengthen the capital structure of banks. They will be applicable to larger Approved Deposit Institutions (ADI’s) under the supervision of the financial regulator, the Australian Prudential Regulation Authority (APRA). Smaller ADI’s will continue to operate under the current simple liquidity ratio requirement - Minimum Liquidity Holdings (MLH).

 

The LCR is effective from 1 January 2015 whilst the NSFR will become effective from 1 January 2018.

 

·    Liquidity Coverage Ratio (LCR): Banks will have to hold at least 10% of their total assets in very low yielding high quality liquid assets (HQLA) that can be converted easily and immediately into cash to meet their liquidity needs for a 30 calendar day liquidity stress scenario. This measure will impact on banks profitability.

 

·    Net Stable Funding Ratio (NSFR): Asset/liability matching by aligning the duration of deposits with duration of loans. Asset /liability mismatch was identified as a major risk during the credit crunch period where banks were lending over long periods whilst borrowing at shorter period.

The implementation of Basel III whilst strengthening the Banking sector in Australia will have ramifications for investors and borrowers in the capital market.  Return on cash at call and short term deposits (less than one year) is expected to further drop; in contrast there may be more rewards for longer term deposits (greater than 12 months), although rates have dropped across both short and longer term rates. The cost of borrowing is expected to rise to compensate for loss of banks’ profitability. New banking products are expected to emerge such as 30, 60,180 days’ notice term deposits with varying conditions/penalties where funds are withdrawn before or after notice period. For term deposits purchased after 1 January 2015, significant breaking cost expected where funds are withdrawn before maturity date. Investment in Smaller ADI’s may become more attractive as they will not be subject to the stricter Basel III liquidity regime.

 

Council will be consulting its investment adviser, CPG Research & Advisory Pty Ltd, to review its investment strategy and its investment policy to identify and adjust to the impacts resulting from Basel III implementation.

 

Attached to this report is a media release from APRA on the reasons for Basel III liquidity reforms and the impact on the banking sector / capital market.

 

Certificate of Responsible Accounting Officer

 

The Chief Executive Officer, as Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.

 

 

CONSIDERATIONS

 

Economic and Financial

Council’s investment income on General Fund was $57k above year to date budget.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Statement by Glen Stevens Governor RBA October 2014

2.View

Portfolio Investment Details September 2014

3.View

Performance Graphs Actual to Budget September 2014

4.View

APRA releases final Basel III liquidity reforms

5.View

CPG Research & Advisory - Basel III

  


125

CFO 05

Investment Report September 2014

Attachment 1

Statement by Glen Stevens Governor RBA October 2014

 


125

CFO 05

Investment Report September 2014

Attachment 2

Portfolio Investment Details September 2014

 


 


 


129

CFO 05

Investment Report September 2014

Attachment 3

Performance Graphs Actual to Budget September 2014

 


129

CFO 05

Investment Report September 2014

Attachment 4

APRA releases final Basel III liquidity reforms

 


139

CFO 05

Investment Report September 2014

Attachment 5

CPG Research & Advisory - Basel III

 


 


 


 


 


 


 


 


 


139

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 06

Annual Financial Reports 2013/2014

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Long-Term Financial Plan

File Ref

235230.2014

Report By

Vishwa Nadan - Manager Financial Management

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

The Council has a regulatory requirement to prepare and present audited financial reports to the Office of Local Government on or before November 7th, 2014.

 

The preparation and audit of Council's financial reports for the year ended 30 June 2014 is now complete and hereby presented to the Council for adoption.

 

Council’s auditors, PricewaterhouseCoopers, have provided an unqualified audit opinion on the financial reports with an assessment that Council is in a sound and stable financial position.

 

 

RECOMMENDATION

 

That Council receives and adopts this report.

 

REPORT

 

Legislative Requirements

Section 413(1) of the Act 1993 requires that "a council must prepare financial reports for each year, and must refer them for audit as soon as practicable." Section 413(2) of the Act 1993 also requires that "A council's financial reports must include:

 

a)   A general purpose financial report, and

b)   Any other matter prescribed by the regulations; and

c)   A statement in the approved form by the council as to its opinion on the general purpose financial report."

 

With regard to (c) above, Council resolved at its meeting held on 24 September 2014 to refer the draft 2013/14 financial reports to audit.

 

Section 418 (1) and Section 420 (1) of the Act 1993 requires that:

 

"Council must fix a date for a meeting to present its financial reports and to give public notice of the date so fixed and any person may make submission on the financial reports and/or audit reports".

 

The public notice provides a summary of the Income Statement, Balance Sheet and key financial indicators. The public are able to make submissions regarding the financial reports up to one week following the presentation of the reports to Council.

 

A copy of the public notice is provided in Attachment 2 to this report.

 

The audit by PWC is now complete and the audit report is included in the 2013/14 Annual Financial Statements. The audit report concludes that "the books of account and records inspected have been kept in an accurate and conscientious manner;" and that "Council is considered to be in a sound and stable financial position."

 

A complete set of financial statements is provided in Attachment 1 to this report.

 

Key highlights are as follows:

 

·    $185.9 million Income from Continuing Operations

·    $47 million capital expenditure (including $11 million dedication of road reserves)

·    Rates and Charges comprised $101.6 million (54.66 per cent) of the total Income from Continuing Operations

·    $5.1 million Financial Assistance Grant (FAG) received during the year

·    Operating Surplus (after Capital receipts) $34.45 million

·    Net Operating Result excluding Capital receipts is deficit of $8.26 million

·    Cash reserves increased by $24 million

·    $11 million road reserve dedicated to Council in new land release areas.

·    Infrastructure Backlog reduced from $207 million to $63 million as per assessment conducted by an Independent industry expert.

 

CONSIDERATIONS

 

Economic and Financial

The financial implications are contained and presented within the report. The audit opinion is that Council is considered to be in a sound and stable financial position.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

 

ATTACHMENTS

 

1.View

Audited Financial Statements - 2013/14 (Under separate cover)

2.View

Public Notice - Presentation of 2013/14 Annual Financial Statements

  


143

CFO 06

Annual Financial Reports 2013/2014

Attachment 2

Public Notice - Presentation of 2013/14 Annual Financial Statements

 


143

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 07

Australia Day Awards Recipient Policy

 

Strategic Direction

Proud Engaged City

Deliver a range of stimulating and vibrant cultural events, programs and festivals

Key Policy

Community Engagement Policy

File Ref

237172.2014

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

The Australia Day Awards are presented annually to local citizens and groups who have made outstanding contributions to the community. The Awards are provided by the National Australia Day council and are administered by local Councils throughout Australia on their behalf.

 

This report updates the Policy in accordance with a resolution of Council from the September 2014 Council meeting to include a new category of the awards for “Small Business”.

 

RECOMMENDATION

 

That Council adopt the proposed Australia Day Award Recipients Policy attached to this report.

 

REPORT

 

The Australia Day Awards recognise outstanding contributions by local citizens and groups of Liverpool to their community. The Australia Day Awards are presented in the following categories:

 

Citizen of the Year

Young Citizen of the Year

Fraser Environment Award

Sports Award

Macquarie Award

Health Research Award

Senior Citizen Award

Small Business Award

 

At the Council Meeting in September 2014, Council resolved: 

 

“That Council:

 

1.   Adopt the proposed Australia Day Award Recipients Policy attached to this report.

 

2.   Officers prepare a report adding a new category of award for ‘small business’ in Liverpool.”

 

The NSW Business Chamber was consulted on the criteria for the award and they use the following criteria for their small business category:

 

“The Excellence in Small Business award recognises a company (employing less than 20 employees) that has attained significant growth and is able to demonstrate the specific strategies and processes implemented to achieve sustainable growth in the current year.”

 

As such, a category as per the wording above, for a Small Business Award has been included in the Australia Day Awards Recipients Policy and Nomination Form and Guidelines.

 

Nominations for the Awards will be invited and a further report will be submitted to the December 2014 Council meeting with a recommendation for Award recipients.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Support community organisations, groups and volunteers to deliver coordinated services to the community.


Civic Leadership and Governance

Foster neighbourhood pride and a sense of responsibility.

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision making processes.

 

 

ATTACHMENTS

 

1.View

Australia Day Awards Recipient Policy - Draft

  


145

CFO 07

Australia Day Awards Recipient Policy

Attachment 1

Australia Day Awards Recipient Policy - Draft

 


 


 


 


 


150

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 08

CBA Credit Card Facility

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Long-Term Financial Plan

File Ref

243485.2014

Report By

Vishwa Nadan - Manager Financial Management

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

The Council currently has a corporate credit card facility with Commonwealth Bank of Australia (CBA) with an aggregate credit limit of $150k.

 

As part of a business improvement strategy, Management plans to use corporate credit cards to reduce processing costs and make efficiency gains. This initiative will generate estimated efficiency savings of $0.5 million

 

Council approval is required to increase the aggregate credit limit to $550k to facilitate roll-out of corporate credit cards to all managers.

 

 

 

RECOMMENDATION

 

That the Council approves increase of the aggregate credit limit on its CBA corporate credit card facility from $150k to $550k.

 

 

REPORT

 

The Council currently has a corporate credit card facility with Commonwealth Bank of Australia. The facility has an aggregate credit limit of $150k. This means that at any point in time, the aggregate value of credit limits available on all corporate credit cards in circulation cannot exceed $150k.

 

The use of corporate credit cards is a common business strategy to reduce processing costs and make efficiency gains. A review of supplier invoices paid over past two years shows that on average, Council processes 22,000 low-value (less than $1k) invoices per annum. The market cost to process one invoice ranges from $6 to $24, depending to level of automation. On the existing workflow, cost to Council will be on the high end. The planned roll-out of corporate credit card will reduce processing costs and increase efficiency by an estimated value of $0.5 million per annum.

 

The credit limits allocated to individual managers will be determined using historical monthly spending patterns and changed depending on needs. At this stage, an aggregate credit limit of $550k is considered adequate.

 

The credit card usage and procurement policy will be changed to incorporate any additional internal controls, if required.

 

 

CONSIDERATIONS

 

Economic and Financial

Reduce processing costs and generate estimated efficiency gains of $0.5 million per annum.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Council is adopting best practice business models

 

 

ATTACHMENTS

 

Nil


152

Ordinary Meeting 29 October 2014

Chief Financial Officer

 

CFO 09

Order of Liverpool Awards

 

Strategic Direction

Proud Engaged City

Strengthen and celebrate Liverpool’s unique community identity

Key Policy

Events Strategy

File Ref

246523.2014

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Carl Wulff - Chief Executive Officer

 

 

Executive Summary

 

The Order of Liverpool Advisory Committee has made its recommendation for the 2014 Awards. A further meeting of the Advisory Committee will be held prior to the October Council meeting to make a recommendation for a Companion of the Order of Liverpool (Gold) award as no such award was recommended at the initial Committee meeting. Council will be advised at the Council meeting of any further recommendation.

 

 

RECOMMENDATION

 

That Council:

 

1.   Adopts the award recipients as recommended by the Order of Liverpool Advisory Committee as set out under separate cover, in the Confidential Booklet.

 

2.   Notes that the Order of Liverpool Advisory Committee will be meeting again prior to the October Council meeting to consider applicants for the Companion of the Order of Liverpool (Gold) award, for recommendation to Council.

 

3.   Announces the recipients of the Order of Liverpool on the morning of the 7 November (the date Liverpool was founded by Governor Lachlan Macquarie in 1810) and presents the awards on Australia Day.

 

4.   Invites the winner of each category to major Council events held in that year as a dignitary and be acknowledged by the Mayor.

 

5.   Adopts the following amendments to the Order of Liverpool Awards Policy:

 

·    Reference to Gold, Silver and Bronze be removed from the Policy and the category of Awards to be:

 

i.    Companion of the Order of Liverpool

ii.    Officer of the Order of Liverpool

iii.   Member of the Order of Liverpool

 

·    Review Council’s change to the Policy (from October 2013) that only one medal is awarded in each category and amend the Policy to allow for no more than three Companion of the Order of Liverpool Awards each year, and no more than six Officer of the Order of Liverpool and six Member of the Order of Liverpool awards each year.

 

·    The following Clause be removed from Clause 13 – Movement between Awards:

 

“Movement between Awards has a three year minimum period. For example, a recipient of a Bronze Award is not eligible for a Silver Award for three years”.

 

6.   Keeps confidential the details of the nominees supplied under separate cover containing information pursuant to the provisions of 10s(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors)

 

REPORT

 

The Order of Liverpool Advisory Committee met on 13 October 2014 to consider nominations for the 2014 Awards.

 

The Advisory Committee consisted of:

 

·    Mayor Ned Mannoun, Mayor of Liverpool

·    Clr Mazhar Hadid

·    Clr Peter Harle

·    Kiersten Fishburn, Director Community and Culture (as the CEO’s representative)

·    Gary Lucas CLO

·    Robert Brassell (Community member)

·    Vanaja Subramanian (Community member)

·    Sheila Rule CLO (Historical Gold representative). (Note, Sheila was overseas at the time of the meeting and as such, did not participate in the review process or the meeting).

 

The eligibility criteria for selection of the award recipients are as follows:

 

·   Nominations must be submitted on Council’s official nomination form

·   Nominees cannot apply on their own behalf

·   Nominations must include the name and contact number of one referee that can provide supporting evidence for the nomination

·   Persons who reside outside of the Liverpool local government area but contribute to the Liverpool community can be nominated as ‘honorary’ members of the Order of Liverpool

·   Posthumous awards will be considered providing the date of the nominee’s death occurred within the 12 months following the previous closing date of the Awards

·   Nominee’s contributions to the Liverpool community must be voluntary and not as a result of paid employment – providing the work rewarded is outside of the applicants formal paid duties

 

All nominations received are assessed by the Order of Liverpool Advisory Committee and a report is then prepared for consideration by Council. 

 

All nominations were assessed in regards to:

·    Voluntary community service contribution

·    Duration of service to the community

·    Involvement and commitment to the Liverpool community

·    Outstanding achievements

 

All nominations were required to provide:

·    Details of voluntary community service (including membership of organisation and positions held etc)

·    Duration of community service

·    Details of involvement and contribution to the Liverpool community

·    Details of outstanding achievements

·    Reasons for nomination

·    Name and contact details of one additional refer which may be contacted by the Committee to validate application and provide further information

 

The nominations received have been provided under separate cover as they contain information pursuant to the provisions of 10s(A)(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors).

 

The Committee will meet again prior to the October Council meeting where it will review previous year’s recipients of the Silver Award to make a recommendation for a recipient for this year’s Companion of the Order of Liverpool (Gold) Award, for recommendation to Council.

 

The Mayor as Chair of the Committee has recommended the following amendments to the Order of Liverpool Awards Policy which will be discussed at the meeting scheduled prior to the Council meeting:

 

·    Reference to Gold, Silver and Bronze to be removed from the Policy and the category of Awards to be:

 

i.    Companion of the Order of Liverpool

ii.    Officer of the Order of Liverpool

iii.   Member of the Order of Liverpool

 

·    Review Council’s change to the Policy (from October 2013) that only one medal is awarded in each category and amend the Policy to allow for no more than three Companion of the Order of Liverpool Awards each year, and no more than six Officer of the Order of Liverpool and six Member of the Order of Liverpool awards each year.

 

·    The following Clause be removed from Clause 13 – Movement between Awards:

 

“Movement between Awards has a three year minimum period. For example, a recipient of a Bronze Award is not eligible for a Silver Award for three years”.

 

The changes are recommended as the current categories of gold, silver & bronze can be interpreted to imply a competition where there are only three winners. The Order of Liverpool Awards are similar to the Australian Honours system allowing recognition to multiple recipients at each level.

 

Allowing movement between awards without a timeframe period will encourage more applications from previous award recipients.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Raise awareness in the community about the available services and facilities.

Support community organisations, groups and volunteers to deliver coordinated services to the community.


Civic Leadership and Governance

Undertake communication practices with the community and stakeholders across a range of media.

Foster neighbourhood pride and a sense of responsibility.

Facilitate the development of community leaders.

Encourage the community to engage in Council initiatives and actions.

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil   


156

Ordinary Meeting 29 October 2014

Community and Culture  Report

 

DCC 01

Donations, Grants and Sponsorships

 

Strategic Direction

Healthy Inclusive  City

Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers

Key Policy

Donations Policy

File Ref

196453.2014

Report By

Sarah Rees - Coordinator Community Development

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

Executive Summary

 

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

 

The Financial Contributions Panel (FCP) recently considered a number of applications from local residents for Sporting Donations and local community organisations for Community Grants and Corporate Sponsorship.

 

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

 

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $1,000 under the Sporting Donations Program as summarised in the table below:

 

Applicant Name

Amount

Zac McFarland

$200

Ryan Whitley

$500

Mereana Peyroux

$200

Jack Kemp

$100

 

2.   Endorses the Financial Contribution Panel's recommendations for the provision of $300 under the Community Donations Program – School Donations as summarised in the table below:

 

 

School

Amount

William Carey Christian School

$100

Lurnea High School

$100

Ashcroft High School

$100

 

3.   Endorses the Financial Contributions Panel's recommendations for the provision of $5,500 under the Corporate Sponsorship Program as summarised in the table below:

 

Applicant Name

Amount

Combined Churches of Liverpool

$5,500

 

 

 

4.   Approves funding of $5,500 from the Council Reserve to be allocated towards the Corporate Sponsorship Program.

 

REPORT

 

The Donations program has three categories:

 

·    Sporting Donations;

 

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

 

·    Corporate Sponsorship.

 

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

 

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

 

Sporting Donations

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

 

 

Applicant Details

Eligibility

Representation

FCP Recommendation

Zac McFarland

Local resident – Moorebank

 

Representing NSW U/13’s Hockey Team at the Australian Championships in Adelaide 4 to 11 October 2014.

$200

Ryan Whitley

Local resident – Hammondville

 

Representing Australian Schoolboys Baseball Team at the International Baseball Tour to the US September and October 2014.

$500

Mereana Peyroux

Local resident – Miller

 

Representing NSW U/12’s Indoor Netball Team at the 2014 Indoor Netball Australia Junior Nationals held in Perth from 29 November to 7 December 2014.

$200

Jack Kemp

Local resident – Holsworthy

 

Representing U/10’s Junior Oztag Team at the 2014 Junior Australian Championships held in Coffs Harbour from 17 to 19 October 2014.

$100

 

School Donations

Council delivers a School Donation Program for local high schools within Liverpool Local Government Area to recognise and reward students who have excelled in citizenship, academic studies, artistic or sporting efficiency. The school donations program  was open from 1 July to 29 August 2014. Three applications for school donations were received by Council. Three applications met the program criteria and are recommended for funding.

 

School

Suburb

Award

FCP Recommendation

William Carey Christian School

Prestons

For Academic Excellence

$100

Lurnea High School

Lurnea

For Academic Excellence

$100

Ashcroft High School     

Ashcroft

For Academic Excellence

$100

 

Corporate Sponsorship

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

 

Applicant Details

Project Name and Description

Amount Requested

FCP

Recommend-ation

Combined Churches of Liverpool

Carols at the Night MarketsMacquarie Street, Liverpool – 6 December 2014

All cultures inclusive community carols, cultural items and free activities integrated with the December Night Markets. This is a free event.

 

Benefits include: Branding on all promotional material and at the event. Additional programming value to the December Night Markets and Christmas Tree Lighting Ceremony.

 

 

The activities have a strong alignment with the program criteria as they will enhance the programming of Council’s Night Markets and will provide a strong element for attracting crowds to the market and will assist with activating the CBD.  Recommended for funding at the $5,500 level.

$14,200 ex GST

$5,500 ex GST

Wangee Park and Busby West Fundraising event

Wangee Park and Busby West Fundraising event – Bankstown Sports Club – 1 November 2014

Fundraising evening to raise funds to purchase a school bus for Wangee Park Public School in Lakemba and a purpose built playground and kitchen facilities for Busby West Public School.  Both schools to varying degrees cater for students with intellectual disabilities.

 

Benefits include: Acknowledgement on the night at the event and via school websites and newsletters.

 

These activities do not have a strong alignment with the program criteria as Wangee Park is not located within the Liverpool LGA and the event is not being held within the Liverpool LGA. Not recommended for funding

Unspecified donation amount

Nil

Cancer Council Pink Ribbon

Pink Ribbon Dinner - Siena’s Restaurant, Wetherill Park – 31 October 2014

Fundraising dinner to raise funds for breast cancer, prevention programs, support services and cancer research.

 

Benefits: Acknowledgement on the night and in the programme booklet.

 

The activity does not align strongly with the program criteria and the event is not being held in the Liverpool LGA.  Not recommended for funding.

Unspecified donation amount

Nil

 

 

 

 

 

 

 

 

CONSIDERATIONS

 

Economic and Financial

 

A budget allocation of $15,000 for the Sporting Donations Program was adopted by Council in its 2014/2015 Operational Plan. If the recommended amount of $1,000 is endorsed the remaining balance will be $11,600. The recommendations within this report for sporting donations will be funded from the Sporting Donations Program.

 

A budget allocation of $2,400 for the School Donations Program was adopted by Council in its 2014/2015 Operational Plan. If the recommended amount of $300 is endorsed the remaining balance will be $2,100. The recommendations within this report for school donations will be funded from the School Donations Program.

 

The 2014/15 Corporate Sponsorship Program has a budget of $80,000 and these funds have now been fully committed. If the recommended amount of $5,500 is endorsed, the funds would need to be provided from the Council Reserve.

 

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

Raise awareness in the community about the available services and facilities.

Support community organisations, groups and volunteers to deliver coordinated services to the community.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.View

Criteria for Corporate Sponsorship

2.View

Criteria for Sporting Donations

  


161

DCC 01

Donations, Grants and Sponsorships

Attachment 1

Criteria for Corporate Sponsorship

 


 


163

DCC 01

Donations, Grants and Sponsorships

Attachment 2

Criteria for Sporting Donations

 


164

Ordinary Meeting 29 October 2014

Community and Culture  Report

 

DCC 02

Quarterly Report on Compliments and Complaints

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Customer Service Policy

File Ref

234518.2014

Report By

Kiersten Fishburn - Director Community & Culture

Approved By

Kiersten Fishburn - Director Community & Culture

 

 

Executive Summary

 

Council adopted the Customer Feedback Policy on 24 April 2013.  At that time Council resolved to adopt the Policy and for the Manager Customer Service to monitor feedback and to provide a summary report to the Council every three months as part of Council's quarterly performance review and to the Chief Executive Officer every month.  The report sets out the number of complaints and compliments received from members of the community with regard to Council services.

 

This report details the formal feedback received for the quarter July-September 2014 noting that Council received formal feedback from 30 members of the community. 

 

RECOMMENDATION

 

That Council receives and notes this report.

 

REPORT

 

Council adopted the Customer Feedback Policy on 24 April 2013.   At that time Council resolved to adopt the Policy and for the Manager Customer Service to monitor feedback and to provide a summary report to the Council every three months as part of Council's quarterly performance review and to the Chief Executive Officer every month.  The report sets out the number of complaints and compliments received from members of the community with regard to Council services.

 

The following table details the formal complaints and compliments that were received for the quarter of July-September 2014.

 

 

 

 

 

 

Compliments

Complaints

CEO

2

 

City Presentation

5

 

Community & Culture

11

6

Chief Financial Officer

2

 

Planning & Growth

2

1

Economy & Engagement

1

 

Infrastructure & Environment

 

 

Total

23

7

 

These figures do not reflect customer requests received by Council that form part of general council operations, for example reporting a pot hole. Complaints recorded are those where service was not adequately delivered.

 

The compliments recorded here reflect those that have been formally received (via letter or email) and do not reflect informal thanks such as a verbal recognition that our staff receive for the quality of their work and the services delivered.

 

As per the Council resolution, these have also been reported to the Chief Executive Officer and the Executive monthly as part of the broader report on customer service trends and statistics. 

 

CONSIDERATIONS