That the minutes of the Ordinary Meeting held on 26 May 2015 be confirmed as a true
record of that meeting.

Mayoral Minute

SUBJECT: Lennon Maher

Year 1 student from Wattle Grove, Lennon Maher, has pledged to walk 3.8km home from school once a week for an entire school term to raise money for the ChildFund Australia Dream Bike Appeal.

The six year-old took a practice walk from school to home before making the pledge which took approximately 1 hour and 1 minute. Lennon stated on Just Giving, a charity fundraising website, that there are many kids in other areas that have to walk longer distances.

The ChildFund Australia Dream Bike Appeal is an appeal aimed at donating bicycles to children who live far away from school.

At the end of the 10 week school term, it is estimated that Lennon will have walked 38km.

Lennon is a remarkable young person who has also previously sold his toys online which raised $300 to go towards the Kmart wishing tree.

RECOMMENDATION:

That Council:

1.    Commemorate Lennon Maher for his pledge to raise money for the ChildFund Australia Dream Bike Appeal and his methods of raising the funds.

2.    Donate $1000 towards Lennon Maher’s pledge to raise money for the ChildFund Australia Dream Bike Appeal.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Moorebank Intermodal Terminal

On the 3^rd June 2015, the Federal Government’s Moorebank Intermodal Company (MIC) signed an agreement with the Sydney Intermodal Terminal Alliance (SIMTA) for the development of the Moorebank Intermodal Terminal.

The agreement will see SIMTA develop and operate the intermodal freight terminal and warehousing across both Commonwealth and SIMTA-owned land at Moorebank, with direct rail access to Port Botany via the Southern Sydney Freight Line. The current parallel MIC and SIMTA proposals will now combine into a single development.   The facility is being designed to handle up to 1.5 million containers a year in total, comprised of an import-export terminal to handle up to 1.05 million containers a year plus a separate interstate terminal that will ultimately have capacity for up to 500,000 containers a year. However, in media coverage there has been discussion about ‘2 million’ containers.  The proposed warehousing to support the terminal is currently 600,000 m², however there has been discussion about this increasing to 800,000 m², together with suggestions by the MIC CEO that there should be no ‘cap’ on the terminal operations.

The SIMTA EIS together with the MIC response to submissions made on their earlier EIS are currently on exhibition until 26 June 2015.  Council encourages members of the community to make submissions on the proposal, and has engaged a consultant to prepare a detailed submission on behalf of Council.

The intermodal terminal proposed for Moorebank will significantly impact the Liverpool area and expose the local members of the community to significant traffic, air quality and noise impacts and potential health risks. The development of the intermodal threatens the quality and life of local residents and impedes the orderly land use planning for Moorebank. This development conflicts with Council’s and the community’s vision for the river as a residential lifestyle precinct taking advantage of all the amenity and recreational opportunities that a riverside location offers.   With the relocation of the Defence operations, the site offers tremendous potential for the regeneration of Moorebank as a mixed use precinct.

The proposed intermodal site provides real opportunities for alternative development offering a mix of housing and jobs in line with Council’s vision for Moorebank as an urban renewal area that offers a quality of life, environmental amenity and sustainably planned land uses.  Council is currently undertaking master planning of the Georges River precinct north of the M5 to deliver this vision and already one landowner has lodged significant planning proposal to progress the transformation of industrial land into a premium residential environment.  

The proposed intermodal puts Council’s vision in jeopardy.  Some of the adverse impacts of the intermodal terminal operation will include:

·         Increased congestion on the local road network,

·         Increased heavy vehicle movements on local roads - 10,000 extra trucks a day,

·         Increased pollution from diesel particulates,

·         Increased noise and visual impacts from the 24 hour operation of the site – 42 freight trains a day, and

·         Lost opportunity to develop the site sustainably to provide a mix of housing and employment.

Council recognises that Sydney’s growth requires more intermodal facilities and supports the need for a new intermodal, but not in this location.  The Badgerys Creek airport presents a real opportunity to rethink this decision and plan for the intermodal next to the new airport in a purpose built site ideally located next to an international airport and transport infrastructure, without the negative impacts on the local community that the Moorebank proposal will represent.  These impacts at Moorebank cannot be effectively mitigated.

Council’s continuing campaign against the development of the Moorebank intermodal includes the following current and proposed actions:

·         Preparation of a formal submission on current exhibition of the SIMTA EIS;

·         Proposed placement of billboard messages at the M5/Moorebank overpass and the Whitlam Centre on Hume Highway;

·         A community information and feedback campaign on Liverpool Listens;

·         A social media campaign on Facebook,

·         Encouraging residents to make submissions during the current exhibition of the SIMTA EIS;

·         A proposed mail out to Liverpool households in the most affected areas; and

·         Media opportunities, including print, radio, and television.  (Note half page ads ran in local papers today 17 June 2015).

RECOMMENDATION:

That Council:

1.    Writes to State and Federal representatives and relevant ministers making clear Council’s concerns about the adverse impacts of an intermodal at Moorebank, particularly on the local road network and local residents.

2.    Seeks further opportunities to engage directly with State and Federal Ministers on the proposed intermodal.

3.    Continues to pursue all avenues of communication to publicise Council’s opposition to the intermodal, and to encourage the public to voice their concerns.

4.    Approves the proposed mail-out and placement of billboard messages at an estimated cost of $60,000 to be funded from the approved no intermodal funds in the 2015/16 budget. 

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That Council:

1.    Writes to State and Federal representatives and relevant ministers making clear Council’s concerns about the adverse impacts of an intermodal at Moorebank, particularly on the local road network and local residents.

2.    Seeks further opportunities to engage directly with State and Federal Ministers on the proposed intermodal.

3.    Continues to pursue all avenues of communication to publicise Council’s opposition to the intermodal, and to encourage the public to voice their concerns.

4.    Approves the proposed mail-out and placement of billboard messages at an estimated cost of $60,000 to be funded from the approved no intermodal funds in the 2015/16 budget. 

5.    Notes the significant noise impacts on Glenfield House and other residents of Casula due to the 24/7 operation of the Southern Sydney freight line.

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

Mayoral Minute

SUBJECT: Hazel Bradshaw Park & Tharawal Park

Council recently identified parcels of community land that may have been considered suitable for potential reclassification and alternative uses. To date, Council has not made any final decisions and is undertaking a consultative approach before a decision is made on the parcels of community land.

Small pocket parks can cost more to maintain and tend to be less well used than larger parks. Other matters which are seen as problematic are issues such as loitering, noise and rubbish.

Over the last two weeks, there has been a strong response from the community in relation to two of the pocket parks identified. The communities surrounding Hazel Bradshaw Park on Deerwood Avenue and Tharawal Park on Anjudy Close, Casula have made it very clear how much they value those spaces and are strongly opposed to any part or full reclassification of those spaces for alternative uses.

On the basis of the input provided by the two communities and the strong message conveyed, I am recommending that Hazel Bradshaw Park and Tharawal Park shall remain as community parks also referred to as pocket parks. 

Another clear message that was heard was that previously our residents enjoyed the park equipment that was located at those parks. Council should also make plans for upgrading the parks and installing play equipment in Hazel Bradshaw Park and Tharawal Park. 

In addition to the contents of the Mayoral Minute, Council is to examine and report on the feasibility of removing Hannan Park, 12A Brian Avenue Casula and McCarty Park, 124A Wonga Road, Lurnea from the list of parcels of community land currently under consideration

RECOMMENDATION:

That Council:

1.    Removes Hazel Bradshaw Park, Deerwood Avenue from the list of community land being considered for potential reclassification and alternative uses and remain as a park for the enjoyment of the community.

2.    Removes Tharawal Park, Anjudy Close, Casula from the list of community land being considered for potential reclassification and alternative uses, and remain as a park for the enjoyment of the community.

3.    Makes plans for upgrading and installing park equipment in Hazel Bradshaw Park and Tharawal Park after community consultation.

4.    Consults with the community prior to any future Gateway applications on pocket parks.

5.    Considers multilingual communications when consulting with the community in relation to pocket park reclassifications.

6.    Considers and reports to a briefing session on removing Hannan Park and McCarty Park from the list of parcels of community land currently under consideration.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

MOTION TO BRING ITEM FORWARD

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Waller

That item DPG 02 - Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 Enterprise Corridor to B2 Local Centre be brought forward and dealt with now.

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

RECOMMENDATION

That Council:

1.   Supports the Planning Proposal and writes to the Minister of Planning pursuant to clause 59(1) of the Environmental Planning and Assessment Act 1979 to request that the Minister determine that Draft Liverpool Local Environmental Plan 2008 Amendment No. 31 be made.

2.   Writes to the proponents informing them of Council’s decision.

3.   Writes to the parties that made a submission informing them of Council’s decision.

4.   Provides in principle support for and delegates the CEO the authority to enter into a   Voluntary Planning Agreement to facilitate additional community benefits for the Prestons local area prior to the lodgement of a Development Application for the proposal.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

That Council:

1.    Writes to the Minister of Planning pursuant to clause 58(4) of the Environmental Planning and Assessment Act 1979 and request that the Minister determine that the matter not proceed.

2.    Writes to the proponent informing them of Council’s decision.

3.    Writes to the parties that made a submission informing them of Council’s decision.

4.    Includes the following reasons for this decision in the above correspondence:

4.1   The adverse economic impact of the proposal on the existing local centre at Prestons Village may threaten the viability of the centre.  

4.2   The adverse economic impact of the proposal on the future Edmondson Park Town Centre may delay the development of the site and impact the overall development of Edmondson Park.

4.3   There is appropriately zoned land available at both Carnes Hill and Edmondson Park where a supermarket would be better situated.

4.4   It is considered the local community has adequate access to existing and future full line supermarkets, including Carnes Hill, Edmondson Park and Casula.

4.5   The proposal is out-of-centre development which, if approved, would have the potential to undermine achievement of the Council’s and the State’s planning strategies.

4.6   Approval of this centre in such close proximity to an established centre is contrary to good planning principles.

4.7   The proponent's Economic Impact Assessment understates the Primary Trade Area, the level of trading and the impacts of the proposed centre.

4.8   The existing proposal goes against our retail hierarchy.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approves Development Application DA-986/2014, subject to the recommended conditions of consent attached to the Council officer’s IHAP report attached.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approves DA-299/2014 for Torrens title subdivision creating 14 residential lots and associated drainage and road works.  

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 Mamone

Clr Ristevski

Clr Shelton

Clr Stanley

Vote against:                          Clr Karnib

                                               Clr Waller

RECOMMENDATION

That Council approves Development Application DA-480/2014 subject to the amended recommended conditions of consent attached.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid        Seconded:Clr Harle

That the recommendation be adopted.

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

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

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council adopts the following new fees and charges, as part of the Statement of Revenue Policy (Fees and Charges) 2015-2016:

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council adopts the following new fees and charges, as part of the Statement of Revenue Policy (Fees and Charges) 2015-2016:

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Karnib

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clr Hadchiti) was declared CARRIED and the Foreshadowed motion (moved by Clr Shelton) lapsed.

RECOMMENDATION

That Council:

1.    Nominates Councillors who wish to attend the 2015 Local Government New South Wales Annual Conference.

2.    Staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference and provide an update on the number of voting delegates for Liverpool City Council.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That:

1.    Any Councillors who wish to attend the 2015 Local Government New South Wales Annual Conference notify the Councillor Support Officer.

2.    Staff prepare a report to the July Council meeting to consider proposed motions to be submitted to the Conference and provide an update on the number of voting delegates for Liverpool City Council.

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

RECOMMENDATION

That Council:

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $16,500 (all GST exclusive) under the Community Donations Program as summarised in the table below:

2.   Endorses the Financial Contributions Panel's recommendations for the provision of $5,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $5,000 is endorsed, funds will need to be allocated from the Council Reserve.

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.

RECOMMENDATION

That Council adopts the Liverpool Access Committee Charter as attached to this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

That Council:

1.    Adopts the Liverpool Access Committee Charter as attached to this report.

2.    Commend the current members of the committee for their commitment to the community of Liverpool.

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

RECOMMENDATION

That Council adopts Liverpool City Council’s Multicultural Strategy and Action Plan 2015-2017.

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.

RECOMMENDATION

That Council endorse the draft Social Impact Assessment Policy and Development Control Plan for Social Impact Assessments to be placed on public exhibition, with a further report to be provided to Council following public exhibition.

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.

RECOMMENDATION

That Council:

1.   Receives and notes this report.

2.   Requests a further report to the December 2015 Council meeting detailing the outcomes of the program.

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.

RECOMMENDATION

That Council adopts the Aboriginal Consultative Committee Charter as attached to this report.

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.

RECOMMENDATION

That Council:

1.   Endorses the Planning Proposal and forwards it to the NSW Department of Planning and Environment seeking a Gateway determination

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

That the recommendation be adopted.

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

Vote for:                                 Mayor Mannoun

                                               Clr Balloot

                                               Clr Hadid

                                               Clr Harle

                                               Clr Mamone

                                               Clr Ristevski

                                               Clr Shelton

                                               Clr Stanley

                                               Clr Waller

Vote against:                          Clr Hadchiti

Clr Karnib

RECOMMENDATION

That Council:

1.       Amends the planning proposal for Draft Liverpool Local Environmental Plan 2008 (Amendment 52) to include the Liverpool Hospital Precinct as a Long Term Civic Site, enabling an increase in height and floor space based on the submission of an approved master plan for the site.

2.       Delegates to the CEO the authority to approve the amended planning proposal for submission to the Department of Planning and Environment pursuant to Section 58 of the Environmental Planning and Assessment Act 1979.

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 Mamone

                                               Clr Ristevski

                                               Clr Shelton

Vote against:                          Clr Karnib

                                               Clr Stanley

                                                Clr Waller

RECOMMENDATION

That Council:

1.    Endorses the attached draft planning proposal and authorises Council officers to forward a copy to the Department of Planning and Environment seeking a Gateway determination

2.    Agrees that subject to Gateway approval, public authority consultation and public exhibition proceed in accordance with the determination

3.    Notes that the outcomes of public authority consultation and public exhibition will be reports to a future meeting of Council.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council adopts the draft Liverpool Development Control Plan 2008 (Amendment No 21), to come into effect on the day of its notification in the local paper.

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 Mamone

                                               Clr Ristevski

                                               Clr Shelton 

Vote against:                          Clr Karnib

                                               Clr Stanley

                                                Clr Waller

RECOMMENDATION

That Council classifies Lot 300 DP1205231, Moondarra Drive, West Hoxton, as ‘Operational’ land in accordance with the Local Government Act 1993.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 11 May 2015.

2.   Supports Council participation and in-kind support to the state-wide program to secure threatened species such as Downy Wattle (Acacia Pubescens) and their habitats, as outlined in Report No 10/15.

COUNCIL DECISION

Motion:                                            Moved: Clr Harle                  Seconded: Clr Shelton

That Council:

1.   Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 11 May 2015.

2.   Supports Council participation and in-kind support to the state-wide program to secure threatened species such as Downy Wattle (Acacia Pubescens) and their habitats, as outlined in Report No 10/15.

3.    Modify the Environmental Advisory Committee Charter to allow up to 5 representatives.

4.    Modify the Charter so that the meetings are open to the public including addressing  the Environmental Advisory Committee as per Council meeting practice.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Civic Advisory Committee Meeting held on 14 May 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 3 June 2015.

COUNCIL DECISION

Motion:                                  Moved:  Clr Shelton             Seconded: Clr Harle

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 3 June 2015, subject to the following change:

The resolutions relating to Items 5.1 to 5.4 be changed from:

“The Committee noted and endorsed the report”, to instead read;

“The Committee noted the report”.

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

RECOMMENDATION

That Council:

1.    Receives and notes the Minutes of the Local Traffic Committee Meeting held on 20 May 2015.

2.    Adopts the Local Traffic Committee recommendations as noted in the report below.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Casula Powerhouse Arts Centre Board Meeting held on 30 April 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Receives and notes the Meeting Notes of the Street Naming Committee Meeting held on 2 June 2015.

2.    Adopts the recommendation in the Meeting Notes that Council gazette the advertised names for the Brighton Lakes Development in Moorebank.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Note that Councillors Karnib, Ristevski and Hadchiti will not be attending the Future Cities Collaborative overseas mission to the United States and nominate a replacement Councillor or Councillors to attend the mission.

2.   Council appoint an Acting Deputy Mayor for the period 20 June 2015 – 6 July 2015 while the Mayor and Deputy Mayor are overseas at the mission.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.   Note that Councillors Karnib, Ristevski and Hadchiti will not be attending the Future Cities Collaborative overseas mission to the United States and nominate Clr Harle to attend the mission.

2.   Council appoint an Acting Deputy Mayor for the period 20 June 2015 – 6 July 2015 while the Mayor and Deputy Mayor are overseas at the mission.

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

ELECTION OF ACTING DEPUTY MAYOR

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

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

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

Nominations were called for the position of Acting Deputy Mayor (during the absence of Mayor Mannoun and Clr Balloot) by the Chief Executive Officer as the Returning Officer.

The nominees for Acting Deputy Mayor (during the absence of Mayor Mannoun and Clr Balloot) were Clr Shelton and Clr Hadchiti with the following votes received:  

Clr Shelton          5 votes

Clr Hadchiti         6 votes

Clr Hadchiti was elected as the Deputy Mayor for the period 20 June 2015 – 6 July 2015 while the Mayor and Deputy Mayor are overseas at the mission.

RECOMMENDATION

That Council:

1.   Endorses Council’s Fit for the Future submission which supports Liverpool as a stand-alone Council.

2.   Approve the Long Term Financial Plan.

3.   Delegates the CEO to make further minor changes to the draft template and authorise the submission of the template on or prior to 30 June 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.   Endorses Council’s Fit for the Future submission which supports Liverpool as a stand-alone Council.

2.   Approve the Long Term Financial Plan.

3.   Delegates the CEO to make further minor changes to the draft template and authorise the submission of the template on or prior to 30 June 2015.

4.    Ensure the documentation meets all legal requirements, including our Code of Conduct policy.

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

RECOMMENDATION

That Council:

1.   Approves the acquisition of part Lot 401 DP 1049478, 120 Bird Walton Avenue, Middleton Grange, containing an area of approximately 1,231 square metres for the price and terms outlined in the confidential attachment;

2.   Notes that the square metre area to be acquired is approximate and subject to final survey. Council approves the acquisition on a dollar per square metre basis as outlined in the confidential attachment;

3.   Upon settlement of the acquisition, classifies the portion of Lot 401 DP 1049478, 120 Bird Walton Avenue, Middleton Grange, being acquired as 'Community' land;

4.   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

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

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.

RECOMMENDATION

That Council:

1.   Receives and notes the report of staff in relation to the recent history and current status of the management of Lot 163 DP 880335, 7 Sandringham Drive, Cecil Hills, known as the ‘Cecil Hills Homestead’;

2.   Delegates authority to the Chief Executive Officer or his nominee to proceed with ‘Option 2’ as outlined in the confidential report;

3.   Keeps confidential the attachment supplied under separate cover 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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

Foreshadowed Motion:       Moved: Clr Waller                Seconded:  Clr Stanley

That this item be dealt with in closed session at the end of the meeting.

On being put to the meeting the motion (moved by Clr Hadchiti) was declared CARRIED and the Foreshadowed motion (moved by Clr Waller) lapsed.

RECOMMENDATION

That Council:

1.   Agrees to amend the adopted fees and charges for Outdoor Dining Permits within the Macquarie Street Mall as outlined within the confidential report;

2.   Keeps confidential the attachment supplied under separate cover 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

3.   Authorises its delegated officers to execute any document necessary to give effect to this decision.  

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.

RECOMMENDATION

That Council: 

1.   Accepts the Tender from Rork Projects Pty Ltd for Tender WT2461 – New Customer Service Centre Fit Out Works at 33 Moore Street, Liverpool at the GST inclusive price of $1,817,077.

2.   Makes public its decision regarding tender WT2461 – New Customer Service Centre Fit Out Works at 33 Moore Street, Liverpool.

3.   Notes that the Director Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of draft minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Mayor Mannoun

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Approves the acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, on either a vacant possession or a life tenancy basis, as outlined in the confidential report;

2.   Upon settlement of the acquisition, classifies Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, as ‘Operational' land;

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; and

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

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

That this item be dealt with in closed session at the end of the meeting.

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

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Key Sites Master Planning Steering Committee Meeting held on 2 June 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 Mamone            Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council appoints the applicant as identified in the confidential report as a Community Representative on the IHAP for a period of two years.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Appoints the applicants as identified in the confidential report as Panel Representatives on Council’s DEP for a period of two years; and

2.       That the representative of the Government Architect’s Office be appointed as Chair.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Receive and note the report of staff in relation to legal action concerning the rating of financial instruments purchased by Council.

2.   Delegate authority to the Chief Executive Officer to negotiate any further amendments as may be necessary to settle the funding agreement and addendum documents provided by Litigation Capital Partners LLP, and to execute the funding agreements and addendum documents once finalised.

3.   Delegate authority to the Chief Executive Officer to continue to prosecute the legal action concerning the rating of financial instruments to a conclusion in the best interests of Council.

4.   Receive updates on the progress of this litigation via the quarterly Legal Affairs report.

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.

RECOMMENDATION

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

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.

RECOMMENDATION

That Council:

1.    Receive and note the legal advice provided by Council’s solicitors, as attached to the report of staff.

2.    Delegate and direct the Chief Executive Officer to give effect to the recommendations contained within the legal advice.

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

That this item be dealt with in closed session at the end of the meeting.

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

RECOMMENDATION

That Council:

1.       Adopts the organisational structure as provided in attachment 2 of this report in accordance with Section 333 of the Local Government Act 1993.

2.       Notes the effective date for implementation of the revised structure as 1 July 2015.

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.

RECOMMENDATION

That Council:

1.    Receives and notes the Minutes of the Audit and Risk Committee Meetings held on 10 June 2015;

2.    Keeps confidential the minutes attached minutes 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 Waller                Seconded: Clr Stanley

That the recommendation be adopted.

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

RECOMMENDATION

That Council: 

1.       Receives and notes the report from staff in relation to EOI 2471 Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation;

2.       Pursuant to Section 55(3)(i) of the Local Government Act 1993, approves an exemption to the requirement to enter into a tender process with the shortlisted applicant, being Wests Tigers Rugby League Football Pty Ltd, due to extenuating circumstances and unavailability of competitive tenders. Given an Expression of Interest has been publicly advertised with only one submission received and site in question is subject to constraints, a tender process would not provide a satisfactory result;

3.       Directs the Chief Executive Officer to commence negotiations with the Wests Tigers Rugby League Football Pty Ltd to enter into a long term lease arrangement for part North Carnes Hill Recreational Precinct;

4.       Directs the Chief Executive Officer to commence a public consultation process pursuant to Section 47 of the Local Government Act 1993, in anticipation of a possible lease exceeding 5 years being granted to the shortlisted applicant;

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

COUNCIL DECISION

Motion:                                  Moved:Clr Stanley               Seconded:  Clr Waller

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

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

RECOMMENDATION

That Council: 

1.   Declines to accept any of the tenders submitted for ST2450 Macquarie Mall Upgrade, Procurement of Australian Granite Paving.

2.   In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005, enters into negotiations with the tenderers for ST2450 and other reputable granite suppliers with the view to entering into a contract for the supply of granite paving.

3.   In accordance with Section 178(4) of the Local Government (General) Regulation 2005, note the following reasons for entering into negotiations and not calling fresh tenders:

a)      The public tender process has been unable to elicit a satisfactory outcome and it is considered that inviting fresh tenders for the same proposal is unlikely to result in a different outcome;

b)      No significant benefit will be achieved by inviting fresh tenders in view of the time and cost involved in such a process with consequent delays and cost implications to the project; and

c)      Council’s own enquiries suggest that other feasible options exist, which would enable council to procure the required granite pavers for the timely delivery of the project.

4.   Notes that Council authorises the Chief Executive Officer to negotiate and subject to a satisfactory outcome of the negotiation process sign the Letter of Acceptance giving it contractual effect, in accordance with delegated authority.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

ITEM NO:

CONF 05

FILE NO:

132459.2015

SUBJECT:

Acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill for open space purposes.

RECOMMENDATION

That Council:

1.    Approves the acquisition of Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, on either a vacant possession or a life tenancy basis, as outlined in the confidential report;

2.    Upon settlement of the acquisition, classifies Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill, as ‘Operational' land;

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; and

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

COUNCIL DECISION

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

That the recommendation be adopted.

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

ITEM NO:

CONF 11

FILE NO:

132937.2015

SUBJECT:

Contract Dispute - Former Staff Member

RECOMMENDATION

That Council:

1.    Receive and note the legal advice provided by Council’s solicitors, as attached to the report of staff.

2.    Delegate and direct the Chief Executive Officer to give effect to the recommendations contained within the legal advice.

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:

CONF 14

FILE NO:

142029.2015

SUBJECT:

EOI 2471 - Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation

RECOMMENDATION

That Council: 

1.       Receives and notes the report from staff in relation to EOI 2471 Lease of part North Carnes Hill Recreational Precinct by a National Sporting Organisation;

2.       Pursuant to Section 55(3)(i) of the Local Government Act 1993, approves an exemption to the requirement to enter into a tender process with the shortlisted applicant, being Wests Tigers Rugby League Football Pty Ltd, due to extenuating circumstances and unavailability of competitive tenders. Given an Expression of Interest has been publicly advertised with only one submission received and site in question is subject to constraints, a tender process would not provide a satisfactory result;

3.       Directs the Chief Executive Officer to commence negotiations with the Wests Tigers Rugby League Football Pty Ltd to enter into a long term lease arrangement for part North Carnes Hill Recreational Precinct;

4.       Directs the Chief Executive Officer to commence a public consultation process pursuant to Section 47 of the Local Government Act 1993, in anticipation of a possible lease exceeding 5 years being granted to the shortlisted applicant;

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

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council defer this report until the next Council meeting and provide Councillors with further information about the processes.

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Ristevski

That the recommendation be adopted.

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

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