MINUTES OF THE Extraordinary Meeting

HELD ON 24 March 2015

(INCLUDING ITEMS LISTED FOR THE ORDINARY MEETING 25 MARCH 2015)

 

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 Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Gino Belsito, Director City Presentation

Mr Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

 

 

 

OPENING                              6.02pm

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

APOLOGIES                         Nil

CONDOLENCES                Nil

 


 

ITEM NO:      NOM 01

FILE NO:        060592.2015

SUBJECT:     Council agenda items for 25 March 2015 meeting

 

NOTICE OF MOTION

 

That Council transact the following Council business at this meeting:

 

·    Council agenda items for 25 March 2015 meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

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

 

 


 

ITEM NO:      NOM 02

FILE NO:        062168.2015

SUBJECT:     Cancel the Ordinary Council meeting scheduled for 25 March 2015

 

RECOMMENDATION

 

That should Item NOM 01 of this agenda be carried to transact the Council business scheduled for the 25 March 2015 meeting to this Extraordinary meeting, then Council cancel the Ordinary Council meeting scheduled for 25 March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 

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

 

 

 

 


 

CONFIRMATION OF MINUTES

 

Motion:                               Moved: Clr Shelton              Seconded: Clr Harle

 

That the minutes of the Ordinary Meeting held on 25 February 2015 be confirmed as a true record of that meeting.

 

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

 

 

Declarations of Interest

 

Clr Hadchiti declared a pecuniary interest in the following item:

 

Item  CONF 07:                     Compulsory acquisition of part Lot 1 DP 1201516, 352-362 Macquarie Street, Liverpool for road purposes

 

Reason:                                 Clr Hadchiti has a business relationship with the owner of the land.

 

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

 

Clr Mamone declared a pecuniary interest in the following item:

 

Item IHAP 02:                        DA-597/2014 - Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley

 

Reason:                                 The applicant is well known to Clr Mamone’s family on a personal level.        

 

Clr Mamone left the Chambers for the duration of this item.

 

The Chief Executive Officer, Mr Carl Wulff declared a conflict of interest in the following item:

 

Item CONF 08:                      Stage Two Liverpool Strategic Service Delivery Partnership

 

Reason:                                 The CEO declared a conflict of interest regarding this item and advised that he had excluded himself from the evaluation of the tender process on the basis that in a previous role he had a 7 year relationship with a company that has tendered. He advised that any questions relating to this item will be responded to by Council’s Chief Financial Officer and Council’s Director Business Improvement.

                                              

The Chief Executive Officer will remain in the Chambers for the duration of this item. 

 

 

public forum

Presentation – Items not on agenda

                                                                                   

1.    Mr Tony Hoang from Potter’s House addressed the Council on a request for a reduction in fees for Green Valley District Centre.         

 

Representation – Items on agenda                        

1.    Ms Melissa Coros addressed Council on the following Item:

 

Item CONF 08 – Stage Two Liverpool Strategic Service Delivery Partnership.

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That a two minute extension of time be given to Ms Melissa Coros.

 

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

 

 

2.    Mr Raymond Mifsud addressed Council on the following Item:

 

Item CONF 08 – Stage Two Liverpool Strategic Service Delivery Partnership.

 

 

3.    Mr Raffaele Catanzariti addressed Council on the following Item:

 

Item CONF 08 – Stage Two Liverpool Strategic Service Delivery Partnership.

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Shelton

 

That a two minute extension of time be given to Mr Raffaele Catanzariti.

 

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


 

Mayoral Minute

SUBJECT: Big Heart Big Vision - The Potters House Liverpool

 

Last week I met with Mr Tony Hoang, who provides through Green Valley Community Centre important outreach and diversionary services for young people in Liverpool.

 

Many of you may be aware of Mr Hoang’s story – it’s a compelling story about the dangers that our young can fall into and the need to find positive direction and guidance. Tony grew up in Cabramatta and at the heights of its issues with drugs found himself as a gang member and drug dealer. Now that he has walked his journey of reform and rehabilitation, he connects with at risk youth about the story of his life.

 

Tony’s unique path of redemption through social outreach allows him to present his story in a program that provides guidance and diversion. It has seen people put their lives back on the right track, engaging people through dramatic representation of his story. This story has been represented in programs such as Channel 7’s “Gangs of Oz” and SBS “Once Upon a Time in Cabramatta”.

 

Tony Huang’s program “Big Heart Big Vision” from The Potters House Liverpool, due to having a religious aspect to it whilst providing similar services to his other outreach work, has a higher cost of use of our community facilities. It falls into Category C as opposed to Category D to conduct their program each Sunday in two sessions at Green Valley Community Centre. This means that the program is unsustainable, and it would be great shames to not have this program continue to operate. I have heard the stories of lives changed, and think it is worth the minimal cost in forgone revenue.

 

I have been informed by staff that this organization meets the eligibility criteria of the Donations Policy and the Social Justice Policy. The organisation’s programs are meeting an identified need in accordance with Growing Liverpool 2023 Community Strategic Plan. Therefore I suggest that we provide certainty to Mr Hoang to allow him to continue to provide the greatest assistance to our youth.

 

RECOMMENDATION

 

That Council classify The Potters House Liverpool as Category D from 29 March 2015 until December 2016.

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

 

 

Mayoral Minute

SUBJECT: Determination of Subdivision Applications

 

The purpose of the Mayoral Minute is to clarify Council’s intentions or position regarding the determination of subdivision applications following resolutions adopted by Council on 4 February 2015 and 25 February 2015.

 

For these applications, Council sought to introduce a mechanism to appropriately review and provide input into subdivisions outside the growth areas. This Mayoral minute replaces the earlier motion to align it better with the practice of delegations under the Local Government Act 1993, and ensure it more effectively addresses the aims of the original motion.

 

Delegations are normally made to the Chief Executive Officer in accordance with section 377 of the Local Government Act 1993. The Chief Executive Officer then can sub-delegate functions to Council staff in accordance with section 378 of the Local Government Act 1993.

 

RECOMMENDATION:

 

That Council delegates to the Chief Executive Officer the determination of all subdivision applications including those covered by NOM 03 of 04/02/2015 relating to subdivisions greater than 5 lots that fall outside the growth areas of Austral, Leppington North, Edmondson Park, and Middleton Grange, unless three or more Councillors inform the Chief Executive Officer that a particular subdivision application is to be referred to the elected Council for determination.

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

Clr Stanley asked that she be recorded as voting against the motion.

 


13

 

Motion                                    Moved: Mayor Mannoun               Seconded: Clr Stanley

 

That CONF 08 – “Stage Two Liverpool Strategic Service Delivery Partnership” be brought forward and dealt with now.

 

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

 

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

 

 

ITEM NO:

CONF 08

FILE NO:

063499.2015

SUBJECT:

Stage Two Liverpool Strategic Service Delivery Partnership

RECOMMENDATION

That Council: 

1.    Accept the Tender from Queensland Partnership Group (LG Shared Services) Pty Ltd trading as Propel  Partnerships (ABN 45 560 909 108) for ST2416 – Strategic Services Delivery Partnership for a period of 10 years, with the option of extending for a further 5 years.   

2.    Directs the Chief Executive Officer to undertake consultation with staff in accordance with Clause 39 of the (308) LOCAL GOVERNMENT (STATE) AWARD 2014 for a period of 28 days, to end on 21 April 2015 before any formal contract is signed.

3.    Delegates authority to sign the Letter of Acceptance to the Chief Executive Officer in accordance with the above. 

4.    Delegates to the Chief Executive Officer all further powers necessary to give effect to this resolution.

5.    Delegates to the Chief Executive Officer all further powers necessary to give effect to the Alliance Framework Contract to develop a shared services hub enabling any future Trade Services opportunities.

6.    Notes the undertaking given by the Chief Executive Officer to staff who will be working within the Liverpool Services Alliance framework, regarding no forced redundancies or forced redeployment and no diminution in pay and terms and conditions of service. 

7.    Keeps confidential the specific details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

 

 

 

 

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That Council:

 

1.    Directs the Chief Executive Officer to undertake consultation with staff in accordance with Clause 39 of the (308) LOCAL GOVERNMENT (STATE) AWARD 2014 for a period of 28 days, to end on 21 April 2015 before any formal contract is signed.

 

2.    Keeps confidential the specific 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.

 

3.    Defer this matter until the results of the consultations take place and alternatives as outlined this evening are explored.

 

Note: The CEO confirmed that his employment will be dependent on the outcome of the Strategic Service Delivery Partnership.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Mamone

That Council: 

1.    Accept the Tender from Queensland Partnership Group (LG Shared Services) Pty Ltd trading as Propel  Partnerships (ABN 45 560 909 108) for ST2416 – Strategic Services Delivery Partnership for a period of 10 years, with the option of extending for a further 5 years.   

2.    Directs the Chief Executive Officer to undertake consultation with staff in accordance with Clause 39 of the (308) LOCAL GOVERNMENT (STATE) AWARD 2014 for a period of 28 days, to end on 21 April 2015 before any formal contract is signed.

3.    Delegates authority to sign the Letter of Acceptance to the Chief Executive Officer in accordance with the above. 

4.    Delegates to the Chief Executive Officer all further powers necessary to give effect to this resolution.

5.    Delegates to the Chief Executive Officer all further powers necessary to give effect to the Alliance Framework Contract to develop a shared services hub enabling any future Trade Services opportunities.

6.    Notes the undertaking given by the Chief Executive Officer to staff who will be working within the Liverpool Services Alliance framework, regarding no forced redundancies or forced redeployment and no diminution in pay and terms and conditions of service.  

 

 

7.    Keeps confidential the specific 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.

 

8.    Not permit any forced or voluntary redundancies for the life of the contract.

 

9.    Transcribe the questions and answers from the recording of the meeting and include the transcript in the minutes.

 

10.  Be the direct employer for any person employed to fill any vacant position that needs to be filled and that these employees have the same conditions as other Council staff.

 

11.  Engage an independent auditor to investigate the tender process and report back to the Mayor.

 

Note: The CEO confirmed that his employment will be dependent on the outcome of the Strategic Service Delivery Partnership.

 

On being put to the meeting the motion (moved by Clr Waller) was declared LOST.

 

Vote for:                      Clr Karnib

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

 

Vote against:               Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Mamone

                                      Clr Ristevski

 

The Foreshadowed motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

 

Vote for:                       Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Mamone

                                      Clr Ristevski

 

Vote against:               Clr Karnib

                                      Clr Shelton

                                      Clr Stanley

                                       Clr Waller

Note: Below is a list of questions asked by Councillors during consideration of this item and the responses provided by Council Staff:

 

1.    The report states that 61.76 staff will be included in the Liverpool Services “Alliance” – does that mean those staff will now work for Propel and they will no longer be working for Council?

The staff that are included in these arrangements with remain employed by Liverpool City Council for the duration of this contract. There will be no change to their terms and conditions and they will have the same benefits for the lifetime of the contract. (CAROLE TODD – Director Business Improvement)

 

2.    Does this ‘Alliance’ mean that we can expect redundancies, is that where the savings come from?

No, quite the contrary, there are to be no forced redundancies or redeployments, the Council report contains an undertaking by the CEO to that effect. We do not envisage any forced or voluntary redundancies. The cost of redundancies would be counter productive to making any efficiencies or savings.  (CAROLE TODD – Director Business Improvement)

 

3.    In terms of rate payers, what difference will these new arrangements make?

There is no change as such. These new arrangements will not result in an increase in rates or charges. There will be an increase in the quality of service provided to ratepayers however the investment made up front to provide the transition to the new arrangements will not be made by Council, that investment comes from Propel. The savings that will be made from this contract will be invested back into Council, so the ratepayers will actually benefit from those savings. (CAROLE TODD – Director Business Improvement)

 

4.    Why haven’t we consulted with the community?

This is a procurement matter and Council does not consult with the community when procuring. (CAROLE TODD – Director Business Improvement)

 

5.    Why is the contract for 10 years, seems like a very long term commitment.

There is a restriction relating to commercial in confidence; however I can say that the pay back for Propel is several years into the contract. As such 10 years is appropriate. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

6.    What is the risk to Council of entering into this ‘Alliance’?

There will be different cultures and we need to align the different cultures of the organisations. KPI’s may not be achieved. If so, we will go through the dispute resolution process. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

 

7.    If a staff member leaves, will Council have the ability to replace that staff member?

Ultimately, Council has the right to replace the employee if desired. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

8.    Who will Council employees within the partnership report to, Council or Propel?

They report to Propel and Propel report to a governance committee made up of two representatives from Council – the CEO & CFO and two Senior people from Propel. There are governance rules written into the contract to that effect. (CAROLE TODD – Director Business Improvement)

 

9.    Will employees still have the opportunity to access Union representation?

There are no changes to the protection that the In scope employees will have in relation to HR, performance or disciplinary matters. In fact quite the contrary, the recommendations in this report note include the undertaking from the CEO that there will be no forced redundancies or redeployment for In Scope employees. Which is actually a higher level of protection than afforded to remaining LCC staff. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

10.  Will the partnership result in a loss of jobs?

As a result of Fit for the Future, Council has to make changes rather than reducing head count, Council is looking to increase revenue opportunities.

 

The model is innovative and uncommon in Australia hence the reason Propel was successful.  In addition to Propel providing Council services, additional business opportunities can be pursued with Propel according to Council’s risk appetite – for example Council could share commercial returns with propel according to the risk appetite the Council will pursue, for example Propel could have 90% of the risk and return, and Council  10%, risk or return or this could vary to 80:20, 70:30, 50:50 etc. This will ultimately bring jobs to Liverpool, for example in Ipswich the Council performs services for 20+ Councils. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

11.  How many tenders were received and if a tender was withheld what would happen with that employee.

Firstly, this may be a ‘commercial in confidence matter. After receiving advice, Mr Grantham advised that only one tender was received. If an employee withheld the tender this would be a serious matter. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

12.  Would they be sacked? Is this a sackable offence?

Yes (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

 

 

13.  Can we include into the contract that there will be no redundancies?

This cannot be written into the contract as it’s not relevant to Propel, it is a Council issue. As stated there will be no compulsory or voluntary redundancies. Council has the right to determine whether a position is to be filled as vacancies arise, no employees will lose their jobs as a result of these arrangements. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

14.  Will Council’s existing Dispute Resolution processes remain?

Yes, in addition the model has a further dispute resolution in that the Governance committee (made up of Propel’s Managing Director, Senior Propel person) and Council’s (CEO and CFO) will address disputes. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

15.  If Council amalgamated during the term of the contract, what would happen?

If amalgamation happens, the additional employees at Council’s option could be included in the partnership. (GARY GRANTHAM – Chief Financial Officer/Director Corporate Services)

 

16.  Carl, do you agree with the answer provided and will you be willing to put your job on the line.

The answer is simple, yes. (CARL WULFF – CHIEF EXECUTIVE OFFICER)


 

Notices of Motion

ITEM NO:      NOM 01

FILE NO:        060191.2015

SUBJECT:     Committee meetings

 

NOTICE OF MOTION

 

That the CEO takes adequate steps to ensure all future committee minutes of each Committee of Council:

1.   record all motions formally moved,

 

2.   record the identity of the mover and seconder of each such motion together with the voting outcome, and such other information as may be referred to under the Local Government (General) Regulation, 2005

 

3.   no longer record 'action items' (where it is not possible to identify the promoters (and dissenters) with respect to such items), and

 

4.   record that declarations of conflicts of interest were called for at the commencement of each committee meeting and the result of such call (even where no conflicts of interest were disclosed).    

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That the recommendation be adopted.

 

Amendment:                          Moved: Clr Ristevski           Seconded: Clr Hadchiti

 

That the CEO takes adequate steps to ensures all future Committee minutes of each Committee of Council:

1.  record all motions formally moved,

 

2.  record the identity of the mover and seconder of each such motion together with the voting outcome, and such other information as may be referred to under the Local Government (General) Regulation, 2005

 

3.  no longer record 'action items' (where it is not possible to identify the promoters (and dissenters) with respect to such items), and

 

4.  record that declarations of conflicts of interest were called for at the commencement of each committee meeting and the result of such call (even where no conflicts of interest were disclosed).    

 

5.      Ensure the minutes of all committee meetings are consistent with the format of Council meetings.

 

6.      Notes that committee meetings have been successful in progressing significant reforms in an environment of open dialogue, collaboration, and with significant stakeholder input.

 

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

 


17

Independent Hearing and Assessment Panel Report

ITEM NO:      IHAP 01

FILE NO:        039387.2015

SUBJECT:     DA-490/2013 - Demolition of existing structures and erection of a seven storey commercial building at 220-230 Northumberland Street, Liverpool

 

RECOMMENDATION

 

That Council approves Development Application DA-490/2013, subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No 2).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

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

 


17

Clr Mamone left the Chambers at 7.33pm.

 

ITEM NO:      IHAP 02

FILE NO:        042262.2015

SUBJECT:     DA-597/2014 - Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley

 

RECOMMENDATION

 

That Council approves Development Application No.597/2014 for a Staged subdivision to create a total of 20 Torrens title lots over two stages at 5 Angelina Court, Green Valley (Lot 201 DP 1175213), subject to the recommended conditions of consent attached to the Council officer’s IHAP report. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                 Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

Note: Clr Mamone was not in the Chambers when this item was voted on.

 


19

Clr Mamone returned to the Chambers at 7.34pm.

ITEM NO:      IHAP 03

FILE NO:        042453.2015

SUBJECT:     DA-637/2014 - Construction of a nine storey mixed use development at 54-56 Macquarie Street, Liverpool

 

RECOMMENDATION

 

That Council approve Development Application DA-637/2014, subject to the updated recommended conditions of consent (See Attachment No.4)

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

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

 


19

ITEM NO:      IHAP 04

FILE NO:        042543.2015

SUBJECT:     DA-623/2014 - Torrens title subdivision creating ten residential lots and one residue lot with associated road construction at Lot 215 Southern Cross Drive, Middleton Grange

 

RECOMMENDATION

 

That Council approves Development Application DA-623/2014, subject to the recommended conditions of consent attached to the Council officer’s IHAP report (Attachment No. 2).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                   Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

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

 


21

Mayor Mannoun left the Chambers at 7.38pm and the Deputy Mayor, Clr Ristevski took the Chair.

ITEM NO:      IHAP 05

FILE NO:        040046.2015

SUBJECT:     DA-344/2014 - Two stage subdivision to create a total of 27 Torrens title lots at 175 McIver Avenue, Middleton Grange

 

RECOMMENDATION

 

That Council approves Development Application 344/2014 subject to the recommended conditions attached to the Council officer’s IHAP report (Attachment No. 2).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

Vote for:                       Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Mamone

                                      Clr Ristevski

 

Vote against:               Clr Karnib

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

 

Note: Mayor Mannoun was not in the Chambers when this item was voted on.

 


21

ITEM NO:      IHAP 06

FILE NO:        042986.2015

SUBJECT:     DA-1015/2014 - Three lot Torrens title subdivision at 5 Plukavec Circuit, Prestons

 

RECOMMENDATION

 

That Council approves Development Application DA-1015/2014, subject to the recommended conditions attached to the Council officer’s IHAP Report (Attachment No. 2).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                 Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

Note: Mayor Mannoun was not in the Chambers when this item was voted on.

 


23

Mayor Mannoun returned to the Chambers at 7.40pm and took the Chair.

 

Clr Balloot left the Chambers at 7.42pm.

 

Clr Balloot returned to the Chambers at 7.44pm.

 

ITEM NO:      IHAP 07

FILE NO:        043079.2015

SUBJECT:     DA-26/2014 - Torrens Title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses at 154-156 Flynn Avenue, Middleton Grange

 

RECOMMENDATION

 

That Council refuses Development Application DA-26/2014 proposing Torrens title subdivision of one (1) existing lot into six (6) lots; and construction of six (6) single-storey dwelling houses for the following reasons:

 

a.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the development application is inconsistent with Clause 7.11 of the Liverpool Local Environmental Plan 2008 which stipulates the minimum dwelling density of the site.

 

b.   Pursuant to Section 79C(1)(a)(i) of the Environmental Planning & Assessment Act 1979, the development application is inconsistent with the objectives of the R1 General Residential zone, specifically the following objectives:

                            

To provide for a variety of housing types and densities

 

To ensure that housing densities are broadly concentrated in locations accessible to public transport, employment, services and facilities

 

c.   Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning & Assessment Act 1979, the development application does not satisfy the requirements of the Liverpool Development Control Plan 2008, specifically those controls in Part 2.5 which relate to Private Open Space, private driveways (access) and stormwater management.

 

d.    Pursuant to Section 79C(1)(e) of the Environmental Planning & Assessment Act 1979, approval of the development application is not considered to be in the public interest.

 

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley               Seconded: Clr Waller

 

That the recommendation be adopted.

 

 

Foreshadowed motion:       Moved: Clr Harle                   Seconded: Clr Hadchiti

 

That Council approve DA-26/2014 and delegate to the CEO to prepare the appropriate conditions of consent.

 

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

 

Vote for:                       Clr Karnib

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

 

Vote against:               Mayor Mannoun

                                      Clr Balloot

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Mamone

                                      Clr Ristevski

 

The Foreshadowed motion (moved by Clr Harle) then became the motion and on being put to the meeting was declared CARRIED.

 

Vote for:                       Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Mamone

Clr Ristevski

 

Vote against:               Mayor Mannoun

Clr Karnib

Clr Shelton

Clr Stanley

Clr Waller

 

 Mayor Mannoun called for a recess of Council at 8.02pm.

 

Mayor Mannoun resumed the meeting at 8:26pm.

 


 

Mayoral Minute

SUBJECT: Election of Deputy Mayor

 

Motion:                                  Moved: Mayor Mannoun    

 

That Council:

 

1.    Accept the resignation of the Deputy Mayor, Clr Peter Ristevski and note that he outlined that he was only able to accept the position for 6 months when he initially accepted the position.

 

2.    Thank Clr Ristevski for his hard work and effort and his support of Mayor Mannoun, at short notice at times.

 

3.    Open nominations for the position of Deputy Mayor and conduct the election by open voting.

 

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

 

Mayor Mannoun called for a 5 minute recess at 8.29pm to allow nominations to be received.

 

Mayor Mannoun resumed the meeting at 8.34pm.

 

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

 

The nominees for Deputy Mayor were Clr Balloot and Clr Shelton with the following votes recorded:

 

Clr Balloot            7 votes

Clr Shelton           4 votes

 

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

 


25

Chief Financial Officer

ITEM NO:      CFO 01

FILE NO:        045528.2015

SUBJECT:     Draft Delivery Program 2013/17 Operational Plan & Budget 2015/16

 

RECOMMENDATION

 

That Council:

 

1.   Places the draft Delivery Program and Operational Plan including the draft 2015-16  Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.

 

2.   Receives a further report after a review of public submissions at the May Council meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That Council:

 

1.   Places the draft Delivery Program and Operational Plan including the draft 2015-16  Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.

 

2.   Receives a further report after a review of public submissions at the May Council meeting.

 

3.    Do not adopt the proposed 2015/16 fees on page 44 under the section “Traffic, Transport and Parking” for Car Parking under the titles:

·         Bathurst Street Car Park

·         Northumberland Street Car Park

·         Warren Service Way Car Park

·         Parking Permits

 

4.    That the fees relating to point 3 be the same as the 2014/2015 financial year.

 

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


27

Clr Hadchiti left the Chambers at 8.54pm.

 

Clr Hadchiti returned to the Chambers at 8.56pm.

 

ITEM NO:      CFO 02

FILE NO:        050333.2015

SUBJECT:     Privacy Management Plan

 

RECOMMENDATION

 

That Council:

 

1.       Note this report.

 

2.       Adopt the Privacy Management Plan, as attached to this report.

 

3.       Submit a copy of the Privacy Management Plan to the NSW Privacy Commissioner.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Waller

 

That Council:

 

1.       Note this report.

 

2.       Adopt the Privacy Management Plan, as attached to this report.

 

3.       Submit a copy of the Privacy Management Plan to the NSW Privacy Commissioner.

 

4.         Develop a policy or amend an existing policy to enable the public to access contact details for purposes such as dividing fences, so long as it is not contrary to privacy legislation.

 

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

 


27

ITEM NO:      CFO 03

FILE NO:        050446.2015

SUBJECT:     55th Floodplain Management Association Conference

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the program information of the Floodplain Management Association of NSW 55th Annual Conference – 19 May 2015 to 22 May 2015.

 

2.    Nominate its delegates to attend the 2015 Floodplain Management Association Conference in Brisbane from 19 May 2015 to 22 May 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Harle

 

That Council:

 

1.    Receives and notes the program information of the Floodplain Management Association of NSW 55th Annual Conference – 19 May 2015 to 22 May 2015.

 

2.    Nominate Clr Harle and Clr Ristevski to attend the 2015 Floodplain Management Association Conference in Brisbane from 19 May 2015 to 22 May 2015.

 

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

 


29

ITEM NO:      CFO 04

FILE NO:        051994.2015

SUBJECT:     Investment report February 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 


29

ITEM NO:      CFO 05

FILE NO:        055748.2015

SUBJECT:     Council Reserves

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the report;

 

2.       Approves the recommended changes to Council Reserves structure.

 

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.

 


31

ITEM NO:      CFO 06

FILE NO:        059369.2015

SUBJECT:     PRIMA Conference Attendance and Study Tour 2015

 

RECOMMENDATION

 

That Council endorses Councils Risk Management Coordinators nomination by Westpool and attendance and participation at the 2015 PRIMA Conference and study tour.

 

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 07

FILE NO:        059496.2015

SUBJECT:     2015 National General Assembly of Local Government

 

RECOMMENDATION

 

That Council nominates delegates to attend the 2015 National General Assembly of Local Government to be held on Canberra from Sunday 14 June – Wednesday 17 June 2015. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Mamone

 

That:

 

1.    Council nominates Clr Hadid as Council’s delegate to attend the 2015 National General Assembly of Local Government to be held on Canberra from Sunday 14 June – Wednesday 17 June 2015.

 

2.    Any interested Councillors wishing to attend as observers to inform the Chief Executive Officer’s office by Tuesday, 31 March 2015.

 

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

 

 


25

ITEM NO:      CFO 08

FILE NO:        066691.2015

SUBJECT:     Fit for the Future - Community Consultation

 

RECOMMENDATION

 

That Council:

 

1.       Undertakes community consultation to seek community feedback on a range of amalgamation options, with Liverpool stands alone being Council’s preferred option.

 

2.       Receives a further report outlining results of the community consultation process.

 

COUNCIL DECISION

 

Motion:                                  Moved:Clr Waller                  Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 


33

Community and Culture Report

ITEM NO:      DCC 01

FILE NO:        003969.2015

SUBJECT:     Donations, Grants and Sponsorships

 

Recommendation

 

That Council

 

1.    Endorses the Financial Contribution Panel's recommendations for the provision of $17,010 under the Community Donations Program  as summarised in the table below:

 

Applicant Name

Project Name

Amount

The Indian Senior Citizens Society Inc.

Social Outings and Activities For Seniors

$3,300

The HUB Community Health Centre Miller Art and Fact Inc.    

Whatever Happened to Green Valley- Film and Community Forum

$3,710

Inspire Community Services Inc.

Inspiring Youth Centre (Disability Plumbing)

$5,000

Inspire Community Services Inc.

Inspiring Youth Centre (Air Conditioning)

$5,000

 

2.    Endorses the Financial Contributions Panel’s recommendations for the provision of $22,000 under the Corporate Sponsorship Program as summarised in the table below:

 

Applicant Name

Amount

Liverpool Trauma Department

$3,000 ex gst

The Cancer Council of NSW

$2,000 ex gst

A Red letter Day  Event Management

$1,000 ex gst

Wattle Grove Lions

$3,000 ex gst

Liverpool  Christians community Celebrations

$5,500 ex gst

Star Alliance Entertainment P/L

$0

PCYC Liverpool

$7,500 ex gst

Cherrybomba

$0

 

 

 

 

 

 

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Mayor Mannoun

 

That Council

 

1.    Endorses the Financial Contribution Panel's recommendations for the provision of $17,010 under the Community Donations Program  as summarised in the table below:

 

Applicant Name

Project Name

Amount

The Indian Senior Citizens Society Inc.

Social Outings and Activities For Seniors

$3,300

The HUB Community Health Centre Miller Art and Fact Inc.    

Whatever Happened to Green Valley- Film and Community Forum

$3,710

Inspire Community Services Inc.

Inspiring Youth Centre (Disability Plumbing)

$5,000

Inspire Community Services Inc.

Inspiring Youth Centre (Air Conditioning)

$5,000

 

2.    Endorses the Financial Contributions Panel’s recommendations for the provision of $24,500 under the Corporate Sponsorship Program as summarised in the table below:

 

Applicant Name

Amount

Liverpool Trauma Department

$3,000 ex gst

The Cancer Council of NSW

$5,000 ex gst

A Red letter Day  Event Management

$500 ex gst

Wattle Grove Lions

$3,000 ex gst

Liverpool  Christians community Celebrations

$5,500 ex gst

Star Alliance Entertainment P/L

$0

PCYC Liverpool

$7,500 ex gst

Cherrybomba

$0

 

3.    Put forward a team to participate in the Relay for Life, or develop another initiative to fundraise for the Relay for Life.

 

Foreshadowed motion:                          Moved: Clr Hadchiti   Seconded: Clr Stanley

 

That Council

 

1.    Endorses the Financial Contribution Panel's recommendations for the provision of $17,010 under the Community Donations Program  as summarised in the table below:

 

Applicant Name

Project Name

Amount

The Indian Senior Citizens Society Inc.

Social Outings and Activities For Seniors

$3,300

The HUB Community Health Centre Miller Art and Fact Inc.    

Whatever Happened to Green Valley- Film and Community Forum

$3,710

Inspire Community Services Inc.

Inspiring Youth Centre (Disability Plumbing)

$5,000

Inspire Community Services Inc.

Inspiring Youth Centre (Air Conditioning)

$5,000

 

2.    Endorses the Financial Contributions Panel’s recommendations for the provision of $25,000 under the Corporate Sponsorship Program as summarised in the table below:

 

Applicant Name

Amount

Liverpool Trauma Department

$3,000 ex gst

The Cancer Council of NSW

$5,000 ex gst

A Red letter Day  Event Management

$1,000 ex gst

Wattle Grove Lions

$3,000 ex gst

Liverpool  Christians community Celebrations

$5,500 ex gst

Star Alliance Entertainment P/L

$0

PCYC Liverpool

$7,500 ex gst

Cherrybomba

$0

 

3.    Put forward a team to participate in the Relay for Life, or develop another initiative to fundraise for the Relay for Life.

 

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

 

Note: The only difference between the motion and the foreshadowed motion was the donation amount to be provided to “A Red Letter Event Management”.


33

ITEM NO:      DCC 02

FILE NO:        052276.2015

SUBJECT:     Proposed Amendments to the Liverpool Youth Council Charter

 

RECOMMENDATION

 

That Council:

 

1.   Endorses the proposed amendment to the Liverpool Youth Council Charter to include a quorum of half plus one and one Councillor representative as detailed in Section 10.1 of the attached Liverpool Youth Council Charter.

 

2.   Endorses the amendments resolved on 26 November 2014 to include the establishment of an eligibility list as detailed in Section 9.3.1 of the attached Liverpool Youth Council Charter.

 

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

Clr Balloot left the Chambers at 9.23pm.

Clr Balloot returned to the Chambers at 9.24pm.

Clr Hadid left the Chambers at 9.30pm.

Clr Hadid returned to the Chambers at 9.32pm.

 

Planning and Growth Report

ITEM NO:      DPG 01

FILE NO:        006642.2015

SUBJECT:     Amendment 19 to Liverpool Development Control Plan 2008 - Controls for Social Impact Assessment

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report.

 

2.   Adopts the proposed amendment to the Liverpool DCP 2008, to include controls relating to social impact assessment for specific types of development, as detailed in           this report.

 

3.   Proceeds with public exhibition in accordance with the legislative requirements for amending the Liverpool Development Control Plan 2008.

 

4.   Adopts the updated Social Impact Assessment Policy, attached to this report, and place it on public exhibition for a period of 28 days in conjunction with the proposed DCP amendment.

 

5.   Notes that a further report will be submitted to Council following completion of the public exhibition phase.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                   Seconded: Clr Shelton

 

That Council:

 

1.    Receives the report and allow it to lie on the table, subject to point 4, until it obtains and considers independent expert recommendations on enhancing the proposed SIA process. This is to preferably occur within the following month.

 

2.    Public exhibition of the proposed amendments to the DCP be delayed until they are endorsed by Council.

 

3.    Writes to the Planning Institute of Australia to nominate a panel of recommended Social Impact Assessment (SIA) experts to assess Council’s proposed SIA Policy.

 

4.    Adopt the current policy in the report in the interim.

 

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

 

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

 

Note: Clr Stanley abstained from voting on this item, however is recorded as voting against the motion in accordance with Clause 36.3 of Council’s Code of Meeting Practice which states:

 

“A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.”

 

 

9.30pm Extension of time to continue meeting

 

Motion                                    Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That an extension of time of 30 minutes be granted to continue the meeting.

 

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

 


39

ITEM NO:      DPG 02

FILE NO:        297132.2014

SUBJECT:     Draft Liverpool Local Environmental Plan 2008 (Amendment 48) - Attached Dual Occupancy of up to 200sqm for land zoned RU2 - Rural Landscape and Liverpool Development Control Plan 2008 (Draft Amendment 17)

 

RECOMMENDATION

 

That Council:

 

1.       Proceeds to make LLEP 2008 (Amendment 48) and refers it to the NSW Department of Planning and Environment for the plan to be published on the NSW Government legislation website.

 

2.       Adopts LDCP 2008 (Amendment 17) in accordance with section 21 of the Environmental Planning and Assessment Regulation 2000 to come into effect on the publication of the required notice in the local newspaper.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ristevski

 

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

 

Councillors voted unanimously for this motion.

 


39

ITEM NO:      DPG 03

FILE NO:        043550.2015

SUBJECT:     Liverpool Development Control Plan 2008 Draft Amendment 21 - Notifications relating to Single Dwelling Developments and Section 96 Modifications

 

RECOMMENDATION

 

That Council:

 

1.   Publicly exhibits Amendment 21 to Liverpool Development Control Plan 2008 in accordance with Section 74C of the Environmental Planning and Assessment Act 1979 to facilitate the changes to Part 1 outlined in this report.

 

2.   Receives a further report following the public exhibition period.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

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

 

 


41

ITEM NO:      DPG 04

FILE NO:        048281.2015

SUBJECT:     Liverpool Design Excellence Panel (LDEP)

 

RECOMMENDATION

 

That Council:

 

1.       Endorses the draft Design Excellence Panel Charter and Procedure attached to this report.

 

2.       Seeks expressions of interest from suitably qualified industry representatives to become members of Liverpool Design Excellence Panel for a two year period.

 

3.       Receives a further report to assess the expressions of interest received and endorse the Panel members.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

 


41

Committee Reports

ITEM NO:      CTTE 01

FILE NO:        030062.2015

SUBJECT:     Environment Advisory Committee Meeting Minutes of 9 February 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 9 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


43

ITEM NO:      CTTE 02

FILE NO:        036981.2015

SUBJECT:     Street Naming Committee Minutes 3 February 2015

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Minutes of the Street Naming Committee Meeting held on 3 February 2015.

 

2.       Proceeds with the naming of Agazio Riitano Pond in Middleton Grange.

 

3.       Proceeds with the naming of El Alamein Park in Liverpool, excluding the word        memorial.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


43

ITEM NO:      CTTE 03

FILE NO:        039523.2015

SUBJECT:     Minutes of the Liverpool Access Committee 12 February 2105

 

RECOMMENDATION

 

That:

1. Council receives and notes the minutes of the Liverpool Access Committee Meeting held on 12 February 2015.

 

2. The matter of construction sites causing access issues be referred to Planning and Growth and Compliance for investigation and appropriate action.

 

3. The accessible entry to Bigge Park opposite Goulburn Street be incorporated into the upgrades of the park.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 

 


45

ITEM NO:      CTTE 04

FILE NO:        048525.2015

SUBJECT:     No Intermodal Committee meeting minutes 3 February 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the No Intermodal Committee Meeting held on 3 February 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


45

ITEM NO:      CTTE 05

FILE NO:        052388.2015

SUBJECT:     Minutes of the Aboriginal Consultative Committee Meeting held on the 4 February and 4 March 2015 

 

RECOMMENDATION

 

That Council receive and note the minutes of the Aboriginal Consultative Committee Meeting held on 4 February 2015 and 4 March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


47

ITEM NO:      CTTE 06

FILE NO:        052604.2015

SUBJECT:     Minutes of Building Our New City Committee meeting held 4 March 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 4 March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


47

ITEM NO:      CTTE 07

FILE NO:        052629.2015

SUBJECT:     Minutes of Economic Development and Events Committee meeting held 4 March 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 4 March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


49

ITEM NO:      CTTE 08

FILE NO:        052632.2015

SUBJECT:     Minutes of Badgerys Creek Airport Taskforce meeting held 4 March 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Badgerys Creek Airport Taskforce Meeting held on 4 March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


49

ITEM NO:      CTTE 09

FILE NO:        055758.2015

SUBJECT:     Minutes of the Budget and Finance Committee and Councillor Budget Briefing held on 5 March 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting and Councillor Budget Briefing held jointly on 5 March 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

 

That Council defer this item for further clarification.

 

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

 


51

ITEM NO:      CTTE 10

FILE NO:        061288.2015

SUBJECT:     Meeting Notes of the Liverpool Youth Council meeting held 3 March, 2015

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on 3 March, 2015.

 

2.       Endorses the motion raised to declare vacant the Youth Council membership of Luke     Hey.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 

 


53

Questions with Notice

ITEM NO:      QWN 01

FILE NO:        050209.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

1.   Can I be advised if a report has been prepared for Council on the outcomes of the attached Liverpool Heritage Strategy 2011-2014? If this has been presented can I be provided with a copy? If not when will such a report be ready?

 

A review of the 2011-2014 Heritage Strategy  will be one of the key inputs into the new LEP.  In the interim, a review of properties having potential heritage value is being conducted to identify any priority action items. A report on the proposed timeline for the preparation of the new LEP will be prepared for the April Council meeting.

 

2.   Can I be advised the progress of the review regarding the Heritage Conservation Management Plan as described on Liverpool Council website http://www.liverpool.nsw.gov.au/council/policies-and-forms/forms-publications-and-policies

 

The review of existing conservation management plans will be a matter considered as part of the new Heritage Strategy. The list of conservation management plans on Council’s website is to be updated soon.

 

3.   Does Council require in its DA process an archaeological report for areas especially in the CBD that are likely because of their uses of the last two hundred years to contain items of interest?

 

The majority of the CBD is covered by the heritage listing known as the Plan of Town of Liverpool (Item No. 89) pursuant to the Liverpool Local Environmental Plan, which relates not only to the Colonial period grid layout of Liverpool but more importantly the archaeology it contains (heritage inventory attached).  To enable the appropriate management of this heritage item a study was undertaken in 1996 by Casey & Lowe Associates for Liverpool City Council.  This study, titled ‘Liverpool Archaeological Zoning and Management Plan’ identifies lots in the CBD that have archaeological potential.  If development is proposed in the CBD on one of the sites identified as having archaeological potential then an archaeological assessment is required to be submitted with the DA.

 

 

 

 

 

4.   What requirements must be met if items of significance are found?

 

If development is proposed in the CBD on one of the sites identified as having archaeological potential then an archaeological assessment is required to be submitted with the DA.

 

5.   Is there a process to determine areas of Aboriginal significance and how these areas are dealt with in any potential Development Application?

 

For all Pre-DA meetings the Heritage Officer researches the location to determine if an Aboriginal heritage study covers the area.  If so, the study is reviewed to decide if the site is identified as having archaeological sensitivity and takes into consideration the recommendations of this report.  If the site is noted as having archaeological sensitivity then an Aboriginal heritage assessment is required as part of the DA.  If no study is available, a basic assessment of the site is undertaken including: an Aboriginal Heritage Information Management System (AHIMS) search to determine if Aboriginal sites are known on the site or in the vicinity; and basic site prediction modelling to identify potential sites (i.e. large areas of uncleared land in close proximity to a watercourse).  If the site is considered to have potential for Aboriginal cultural heritage based on this assessment, then a due diligence assessment or a full archaeological assessment may be required as part of the DA documentation.  All archaeological assessments must be undertaken in accordance with OEH guidelines.

 


61

ITEM NO:      QWN 02

FILE NO:        050281.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

Can I be advised if a decision has been made as to where and when the Cenotaph in the Mall will be relocated and the projected cost?

 

The Cenotaph located in Macquarie Mall was commissioned by Liverpool City Council in 1994 to coincide with the upgrade of the Mall. Lisa Anderson, the artist collaborated with the local community in the design development phase.  The design of this sculpture uses columns as the classical representations of the body, these figures surround the fallen figure, resting on the grass.  The garden is constructed in the shape of the demi-glory of bayonets, commonly known as the rising sun badge. The bottom part of the broken stem acts as a sundial at the 11th hour on the 11th month, casting a shadow into the top part of the broken stem and reuniting the figure on Remembrance Day. The impressions in the camouflaged sentry columns represent objects of war and peace brought forward by the Liverpool community and Defence Forces archives. The story on the fallen stem represents loss, that emotion most keenly felt in a community touched by war. The Cenotaph was dedicated by His Excellency Rear Admiral Peter Sinclair AC, Governor of NSW in December 1994.

 

The planned upgrade to Macquarie Mall means that the Cenotaph will have to be removed. Kiersten Fishburn, Director Community and Culture, and Albert Galetta, Manager Buildings and Open Space Construction, have spoken with the artist, Lisa Anderson, to inform her of this. Considering the significance of the piece, it is planned to reinstall it in a new location – a number of sites are currently under consideration. It is the wish of the artist that it is reinstalled and not decommissioned. The artist has also expressed a wish to be involved in this process and sees the possibility of bringing together the local community again. This would seem fitting at a time when we are commemorating 100 years since World War 1. As the final site has not yet been determined, the costs of removal and re-installation are not clear but a likely indicative figure is approx. $100,000.

 

The RSL have also been consulted and are happy to have the work re-installed in an alternative site.

 

Pip Playford, the artist of the fountain (also located in the mall), has also been informed and is understanding of the plans and the desire to rejuvenate the Mall. CPAC staff are looking at the possibility of providing some of the fountain sculptures as artworks for the community – for example, in local schools. The artist would be appreciative if this could be done.

 

Clr Hadchiti left the Chambers at 9.42pm.

 

Clr Hadchiti returned to the Chambers at 9.43 pm.


 

 

Motion                                   Moved: Mayor Mannoun     Seconded: Clr Hadid

That Items CONF 06 and CONF 07 be brought forward and dealt with now.

 

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

 

 

ITEM NO:

CONF 06

FILE NO:

063260.2015

SUBJECT:

Compulsory acquisition of Lot 1 DP 514817, 64 Scott Street, Liverpool

 

RECOMMENDATION

 

That Council:

 

1.   Proceeds with the compulsory acquisition of Lot 1 DP 514817, 64 Scott Street, Liverpool, for a public purpose;

 

2.   Proceeds with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice for Lot 1 DP 514817 to the owner of 64 Scott Street, Liverpool and commence compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991;

 

3.   Authorises the Director Property & Commercial Development to continue negotiations with the owner for the acquisition of Lot 1 DP 514817, 64 Scott Street, Liverpool, up to the amount contained in this confidential attachment without having to submit a further report to Council for approval;

 

4.   Upon settlement of the acquisition, classifies Lot 1 DP 514817, 64 Scott Street, Liverpool as ‘Operational' land;

 

5.   Keeps confidential the attachment supplied under separate cover containing the acquisition 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; and

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Clr Hadchiti left the Chambers at 9.46pm.

 

ITEM NO:

CONF 07

FILE NO:

063520.2015

SUBJECT:

Compulsory acquisition of part Lot 1 DP 1201516, 352-362 Macquarie Street, Liverpool for road purposes

 

RECOMMENDATION

 

That Council:

 

1.    Proceeds with the compulsory acquisition of part Lot 1 DP 1201516, 352-362 Macquarie Street, Liverpool, for road purposes;

 

2.    Proceeds with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice for part Lot 1 DP 1201516 to the owners of 352-362 Macquarie Street, Liverpool and commence compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991;

 

3.    Keeps confidential the attachment supplied under separate cover containing the acquisition 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;

 

4.    Upon settlement of the acquisition, classifies part of Lot 1 DP 1201516, 352-362 Macquarie Street, Liverpool, as ‘Operational’ land; and

 

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

 

6.    Authorises the CEO or his nominee to negotiate and enter into a contract to acquire part of lot 1 DP 1201516, 352 – 362 Macquarie Street Liverpool for an amount no greater than 10% of the independent valuation.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone             Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

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

 

Clr Hadchiti returned to the Chambers at 9.49pm.

 

Clr Waller left the Chambers at 9.49pm.

 

 

ITEM NO:

CONF 01

FILE NO:

052126.2015

SUBJECT:

Proposed rezoning of part Lot 10 DP 1162812, Heathcote Road, Hammondville, 'Hammondville Park'

RECOMMENDATION

 

That Council:

 

1.       Agrees to commence the process to rezone part Lot 10 DP 1162812, Heathcote Road, Hammondville, to ‘RE2 Private Recreation’ and ‘B6 Enterprise Corridor’ as outlined in the confidential attachment, through an amendment to the Liverpool Local Environmental Plan 2008; and

 

2.       Receives a further report following the public exhibition process with a recommendation as to proceeding with the rezoning.

 

COUNCIL DECISION

 

Motion:                                   Moved: Mayor Mannoun     Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


 

 

ITEM NO:

CONF 02

FILE NO:

052439.2015

SUBJECT:

Key Sites Master Planning Steering Committee Minutes from Meeting held 3 March 2015

RECOMMENDATION

 

That Council:

 

1.   Receives and notes the Minutes of the Key Sites Master Planning Steering Committee Meeting held on 3 March 2015;

 

2.   Adopts the recommendation put forward in this report; and

 

3.   Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(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 Balloot               Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 

 

 


 

ITEM NO:

CONF 03

FILE NO:

052757.2015

SUBJECT:

Appointment of Community Representatives on Civic Advisory Committee

 

RECOMMENDATION

 

That Council appoints the two recommended applicants as identified in the confidential report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council appoints June Young and Munya Gwede as the community representatives on the Civic Advisory Committee.

 

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

 

 


 

Clr Waller returned to the Chambers at 9.51pm.

 

ITEM NO:

CONF 04

FILE NO:

051829.2015

SUBJECT:

Legal Affairs Report

 

RECOMMENDATION

 

That Council receive and note the report concerning the Legal Affairs of Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Balloot               Seconded: Clr Ristevski

 

That the recommendation be adopted.

 

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

 

 


 

ITEM NO:

CONF 05

FILE NO:

163041.2014

SUBJECT:

Liverpool City Centre LEP Review

 

RECOMMENDATION

 

That Council:

 

1.   Endorses in principle the proposal to rezone all existing land zoned B3 Commercial Core in the city centre to B4 Mixed Use.

 

2.   Endorses in principle the proposal to revise the development standards as detailed in this report.

 

3.   Delegates to the CEO the authority to approve the final Planning Proposal for submission to the Department of Planning and Environment for Gateway Review.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That this matter be deferred to the next Council meeting.

 

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

 

 


 

The meeting closed at 9.52pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     25 March 2015

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  24 March 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.