That the minutes of the Ordinary Meeting held on 26 August 2015 and the Extraordinary Meeting held on 2 September 2015 be confirmed as a true record of that meeting subject to the minutes of the 26 August 2015 meeting being corrected (on page 45) on CFO 01 (Nomination for Liverpool Cit Council member on Luddenham Quarry Community Consultative Committee) to show that Councillor Harle was the Councillor nominated to represent Council on the Committee.

Mayoral Minute

SUBJECT: Support and Encouragement for UNSW Landscape Architecture Students

As part of UNSW’s landscape architecture undergraduate degree program, 3rd year students are currently undertaking a course titled “landscape design 6: design with a complex program”.   Their task is to provide a comprehensive vision for the riverfront lands, extending from Liverpool hospital in the north east, to Light Horse Park in the south, and present ideas to reconnect Liverpool City Centre with the east bank of the river.

On Monday 17 August, Council hosted a one-day intensive design charrette for 45 students.  These students worked together in small groups of 4-5 persons and develop initial ideas for a master plan which could be refined throughout the semester.   Also in attendance were staff from Council’s City Design, Community Planning, Property Services, and Library Heritage sections, who provided background information and history of the study area, as well as advice and feedback on the numerous great ideas presented by students.

Council was thanked by UNSW for the generous support thus far and look forward to continuing engagement.  As a result, UNSW has invited Council to further assist students by involvement in a juror panel to help determine the most outstanding master plan.

RECOMMENDATION:

That Council:

1. Acknowledges that new ideas by students can contribute to Building Our New City.

2. Acknowledges the role of landscape design in the future development of Our City.

3. Acknowledges the importance of cultivating a supportive relationship with UNSW.

4. Provide continuing in-kind support for students including involvement in juror panel convened by UNSW Architecture and Design Faculty and selection of best group master plan and individual contribution.

5. Provide up to $1000 as a group prize to those students who contribute the best landscape master plan for the City Centre Riverfront.

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Miller Public School and sister school in Chile

Towards the end of 2014, Miller Public School established a sister school partnership with Liceo Rural de Putu in Chile. The sister school partnership between the two schools was established by the School Counsellor, Grace Canales, at Miller Public School.

The idea for the sister school partnership was born when Ms Canales, who originates from Chile, visited her sister in Chile. As part of the partnership a teacher and a student from Liceo Rural de Putu were invited to travel to Australia and visit the Miller Public School and arrived in Australia on Sunday 27 September.

The Miller Public School agreed to cover half the costs of the airfares with the Liceo Rural de Putu school and Ms Canales has already covered those expenses out of her own pocket.

On the basis that a sister school partnership has formed within our local community, Council should provide assistance and funding towards the airfares on behalf of Ms Canales and the Miller Public School. The Miller Public School Principal, Ms Bronwyn York has informed Council that the cost of half the airfares amounted to $1500, therefore Council should provide financial assistance by way of reimbursement to Ms Canales to the amount of $1500.

RECOMMENDATION:

That Council:

1. Commends the formation of the sister school relationship between Miller Public School and Liceo Rural de Putu school in Chile.

2. Commends the Principal Bronwyn York and Miller Public School Counsellor Grace Canales for their initiative in establishing the sister school relationship.

3.    Reimburse Grace Canales of Miller Public School the sum of $1500 that she paid towards half the airfares from Chile to Australia of the school teacher and student from Chile.

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Legal Response to Concrete Recycling Facility

On September 11, 2015 the Planning Assessment Commission (PAC) approved the construction of the controversial Moorebank Waste and Recycling Facility on the banks of the Georges River.

This facility will handle approximately 500,000 tonnes of construction waste per year and sits next to brand new residential housing estate, and a proposed luxury marina on the George’s River.  Our council has worked to develop a positive plan for our community and the prime waterfront land alongside our beautiful George’s River. This facility will spoil those plans.

PAC approved the final decision after the NSW Department of Planning progressed the application and recommended its approval.  This decision by the PAC was made despite a vigorous defence mounted by the Liverpool Council, our State MP Melanie Gibbons and Federal MP Craig Kelly, and members of the community.

The decision by the PAC in the face of sound planning arguments has outraged all involved in the staunch defence of residents in Georges Fair and the greater Liverpool area.

Previously, this council had assured the community that we will engage in a legal challenge in the Land and Environment Court and seek to overturn this decision.

Consequently, Council has sought legal advice and will pursue all available legal avenues to argue against this development. We will also continue to stand by the residents in voicing their opposition to the concrete recycling plant.

RECOMMENDATION:

That Council:

1. Write to the NSW Planning Minister to express our disappointment to the decision by the PAC to approve this facility and inform him that we will oppose the decision in the Land and Environment Court.

2. Delegate authority to the Chief Executive Officer to commence legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

3. Authorise the Chief Executive Officer to explore all avenues including the potential of a land swap and site testing to stop the proposed development proceeding, should legal action be unsuccessful; And

4. Write to the affected residents to advise them of Liverpool Council’s planned course of action, and continue to update them periodically on the progress of our legal challenge.

5. Notes the confidential legal advice received by Liverpool Council in regards to a legal challenge.

Motion:                                            Moved: Mayor Mannoun

That this item be dealt with in closed session at the end of the meeting in accordance with Section 10(A)(2)(g) of the Local Government Act.

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

Mayoral Minute

SUBJECT: Korean War Veterans Memorial

On November 1^st at Bigge Park Liverpool Council with veterans of the Korean War will be unveiling a plinth dedicated to the Australian soldiers still missing in action from the Korean War.

Another sad chapter from our history, the Korean War marks the beginning of open hostilities that would be part of the so called Cold War. Australia joined the United States and other allies in the war and fought against the tyranny of North Korea that threatened to consume the country.

In the 3 years of hostilities before the ceasefire Australia suffered nearly 2000 casualties; killed, wounded or still missing in action. It is to those 43 men who still remain on the Korean battle field, their bodies’ un-located, that we particularly honour with this memorial. Their names and rank are listed on the plaque.

To foster the memory of those who served and were lost in the Korean conflict Council should provide every assistance to the Korean War Veterans Association for the event to honour the memories of our Australian Soldiers.

Special acknowledgement is deserved to Mr Sheridan O’Brien, himself a veteran of the war, and member of Korean War Veterans Association. Korea is sometimes miss characterised as “The Forgotten War” but with active veterans like Mr O’Brien we can ensure that the lives of all soldiers who served are not forgotten.

RECOMMENDATION:

That Council:

1. Acknowledges the Korean War Veterans and the service to their country.

2. Supports the commemorative day by donating $3500 to cover associated requirements with the November 1^st unveiling.

3. Congratulate Mr Sheridan O’Brien for his initiative and hard work.

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

Mayoral Minute

SUBJECT: Lies told under Parliamentary Privilege

On the 10^th of September 2015 a series of lies were told by Robert Borsack, a Member of the Shooters and Fishers Party. The lies, told under the protection of Parliamentary Privilege are part of an ongoing campaign against the Mayor, the Liverpool CEO and Council staff.

The statement was made in a cowardly fashion during an adjournment debate in the Legislative Council. Had Mr Borsak made these fabricated allegations outside of the protection of Parliamentary Privilege they would have deemed defamatory.

The importance of free speech during parliamentary proceedings is paramount and necessary in the development of policy and legislation. However, serious questions must be asked when a Member of Parliament uses free speech under the cloak of parliamentary privilege as a sword to attack the character of people rather than a shield to protect good government.

Following the speech Council quickly examined the statement and publicly refuted all the lies.

RECOMMENDATION:

That Council:

1.    Condemns the cowardly and inappropriate behaviour of the MP Robert Borsak in the Upper House on 10^th of September when he engaged in a series of lies about individuals at Liverpool Council.

2.    Notes that Council did respond swiftly and publicly to examine and refute the lies that were told.

3.    Confirms publicly that Council has not been contacted by the Minister for Local Government or Division of Local Government in relation to an investigation into the lies.

4.    Notes that the Mayor has written to the Minister for Local Government welcoming him to conduct an investigation into the MP’s dishonest statement. (Letter attached)

5.    Recommends that anyone with information about illegal activities contacts the relevant authorities.

6.    Recommends lawyers acting on behalf of Council, the Mayor and the CEO, examine whether a case for defamation exists, where the statements have been reproduced outside of parliamentary privilege.

7.    Congratulates our local media for recognising that Mr Borsak’s statement lacked any credibility.

8.    Writes to the Parliament of NSW to seek a review of the rules surrounding parliamentary privilege.

Motion:                                  Moved: Mayor Mannoun

That Council:

1.    Condemns the inappropriate behaviour of the MP Robert Borsak in the Upper House on 10^th of September when he engaged in a series of lies about individuals at Liverpool Council.

2.    Notes that Council did respond swiftly and publicly to examine and refute the lies that were told.

3.    Confirms publicly that Council has not been contacted by the Minister for Local Government or Division of Local Government in relation to an investigation into the lies.

4.    Notes that the Mayor has written to the Minister for Local Government welcoming him to conduct an investigation into the MP’s dishonest statement. (Letter attached)

5.    Recommends that anyone with information about illegal activities contacts the relevant authorities.

6.    Seek advice to examine whether a case for defamation against Council exists.

7.    Congratulates our local media for recognising that Mr Borsak’s statement lacked any credibility.

8.    Writes to the Parliament of NSW and the LGNSW to seek a review of the rules surrounding parliamentary privilege.

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

Note: Clr Stanley, Clr Waller, Clr Karnib and Clr Shelton were not in the Chambers when the item was voted on.

NOTICE OF MOTION OF RESCISSION

That Council rescinds the resolution relating to NOM 04 Orthodox Interfaith Lunch 2016 from the Council Meeting 26 August 2015, namely point 6 of the resolution as shown below:

That Council:

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community.

5.   Report to Council on the best way to conduct Interfaith functions in the future.

6.   Notes with regret the late change to the running order on the day which withdrew the invitation to speak at the event of the Hon. Laurie Ferguson MP Member for Werriwa. Council sincerely apologises to Hon Mr Ferguson for this change. Council notes Hon. Mr Ferguson’s long term support of Liverpool and its residents and all ethnic groups and cultures.

7.   The Mayor on behalf of Council writes to Hon Laurie Ferguson to apologise for any inconvenience caused.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Hadid

That the recommendation be adopted.

On being put to the meeting the resolution from the 26 August 2015 Council meeting was Rescinded (to remove points 6 and 7 of the motion).

Division called:

Vote for:                       Mayor Mannoun

                                      Clr Hadchiti

                                      Clr Hadid

                                      Clr Harle

                                      Clr Balloot

                                      Clr Mamone

Vote against:               Clr Karnib

                                      Clr Ristevski

                                      Clr Shelton

                                      Clr Stanley

                                      Clr Waller

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti                      Seconded: Clr Hadid

That Council:

1.   Congratulate staff and in particular Alyson Infanti, Maree Stewart and Lauren Myers for their hard work and support of the event.

2.   Council write to the folk dancing groups Ilinden, Vardar and Izvor for donating their time in performing. Also write to the MC Zack Gulevski for giving up his time for the event.

3.   Congratulate Mayor Ned Mannoun, Councillors Sabrina Mamone, Gus Balloot, Peter Harle and Geoff Shelton for showing their support in attending the event.

4.   Write to the Liverpool Catholic Club and thanking them for their professionalism in catering for the event for all members of the community.

5.   Report to Council on the best way to conduct Interfaith functions in the future.

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

NOTICE OF MOTION

That all committee meetings commence from 6pm onwards.

COUNCIL DECISION

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Hadchiti

That the CEO be authorised with the membership of the new committees to make changes to meeting times to suit the participation and to come back to the next Council meeting with some suggestions.

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

NOTICE OF MOTION

That Council:

1.   That Council notes Lurnea High School 50 years of providing quality education to students of Liverpool.

2.   Writes to the Principal congratulating the school on the anniversary and the events which celebrated the milestone.

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.

NOTICE OF MOTION

1.    Have Council officers been made aware of an investigation by the Minister for Local Government or Division of Local Government into these outrageous allegations?

2.    If not, Council request such an immediate independent investigation to assist in clearing the names of those who were named in the speech? 

COUNCIL DECISION

Motion                              Moved: Clr Ristevski

1.    Have Council officers been made aware of an investigation by the Minister for Local Government or Division of Local Government into these outrageous allegations?

2.    If not, Council request that the matter be referred to the Office of Local Government to be investigated by Weir Pty Ltd or another qualified company.

Foreshadowed motion:       Moved: Clr Stanley              Seconded: Clr Waller

That Council request that the matter be referred to the Office of Local Government to be investigated by a qualified company.

Mayor Mannoun ruled that the motion (moved by Clr Ristevski) was out of order and as such, the motion was not put to the meeting.

The Foreshadowed motion (moved by Clr Stanley) was then put to the meeting and was declared CARRIED.

NOTICE OF MOTION

That:

1.   The CEO write to the Housing Minister congratulating him on this innovative concept and invite him to do the same in Liverpool.

2.   Setup a housing crisis Councillor Taskforce to be chaired by Councillor Ristevski and made up of all Councillors to co-ordinate with the relevant stakeholders in finding solutions to this problem in our LGA.

COUNCIL DECISION

Motion                              Moved: Clr Ristevski           Seconded: Clr Stanley

That:

1.   The CEO write to the Housing Minister congratulating him on this innovative concept and invite him to do the same in Liverpool.

2.   Amend the Homelessness Taskforce established at the Extraordinary Council meeting of 2 September 2015 to include a housing crisis focus. The taskforce is to be chaired by Councillor Ristevski and made up of all Councillors to co-ordinate with the relevant stakeholders including the Salvation Army in finding solutions to this problem in our LGA.

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

NOTICE OF MOTION

That Council:

1.   Open Customer Service on Saturdays from 9am-1pm for a three month trial period.

2.   Have one planner working during this period to assist ratepayers with their planning queries.

3.   Advertise the Saturday opening period of our Customer Service period in both local papers and South West Voice including our ratepayers newsletter and our website/Facebook page to get the message to our ratepayers so that the three month trial period is effective. 

COUNCIL DECISION

Motion                              Moved: Clr Ristevski           Seconded: Clr Waller

That Council:

1.   Consider opening the Customer Service on Saturdays from 9am-1pm for a three month trial period.

2.   Have one planner working during this period to assist ratepayers with their planning queries.

3.   Conduct a staff and community survey to engage if there is support for Saturday opening hours for the Customer Service Centre with a report to come back to the next Council meeting. If there is a demand, what is the cost?

4.   That a report be brought back to the next Council meeting that addresses:

·         How many Council staff have left since Council voted to go ahead with the partnership and and what were the reasons behind it?

·         How much has the new customer service centre cost in total?

·         That an accurate organisational structure showing all positions within the  Customer Service division and note whether these positions are filled now by Council staff, Propel staff or agency staff.

·         Outline exactly what new equipment or programs will be purchased or installed to assist staff in the Customer Service division including telephones and customer service software.

5.  In relation to the smell of raw sewerage which is currently in the Customer Service area:

·         Staff be moved to a safe place to work that is not impacted by the smell

·         Work to fix the source of the smell be arranged immediately

·         Any carpets that have been impacted be replaced as a matter of urgency

·         A report be prepared on how this matter was handled and why it has been allowed to drag on for 6 days

6.  Ensure there are adequate public toilets for the public in the Customer Service area.

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

NOTICE OF MOTION

That Council:

1.   Discuss options available to it to appeal this decision.

2.   To allow discussion it would be appreciate if staff could provide a briefing paper outlining the timeline of this application.

3.   Provide any legal advice available to assist Councillors to discuss options for this development approval. (Under confidential cover as necessary.)

COUNCIL DECISION

Note: This item was dealt with in conjunction with the Mayoral Minute – Legal Response to Concrete Recycling Facility, on pages 55-56 of these minutes.

NOTICE OF MOTION

That Council:

1.   Receive a report for the October 2015 Council meeting into The Pump House Coffee Shop in Bigge Park.

2.   The report should include but not be limited to the following:

a)   Costs and scope of all works at the site since July 2013

b)   Who provided the works-Council day labor, Council contractors, leasee,

c)   Were there also inkind works? If so, what did these works involve?

d)   What was the value of the initial lease.

e)   What is the expected value of new lease, what terms will this take?

f)    Has Council been provided with details of turnover, profit of the Pump House since opening if so can it be provided.

*(Under confidential cover as necessary.)

COUNCIL DECISION

Motion                              Moved: Clr Stanley              Seconded: Clr Shelton

That the recommendation be adopted.

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

NOTICE OF MOTION

That:

1. Council host a Women's Forum at the Casula Powerhouse in November 2015 with the focus of the following motion:

"To form an Organisation for Women to represent the interests of those in the Western Sydney Region with its Board comprising of the following membership:

a)   A maximum of two female Councillors from each council and

b)   Two non-Council representatives including one from each Local Government Areas of each member Council:

i.   A community representative or not for profit organisation, and

ii.   A prominent business woman

iii.  All nominations be returned to Council and considered in Confidential session."

2. Send an invite, from Clr Sabrina Mamone, to all the female Western Sydney Councillors inviting them to the Women’s Forum attaching a copy of this Notice of Motion.

COUNCIL DECISION

Motion                              Moved: Clr Mamone            Seconded: Clr Hadid

That:

1. Council host a Women's Forum at the Casula Powerhouse in November 2015 with the focus of the following motion:

"To form an Organisation for Women to represent the interests of those in the Western Sydney Region with a Board comprising of the following membership:

a)   A maximum of two female Councillors from each council and

b)   Two non-Council representatives including one from each Local Government Area of each member Council which includes:

i.   A community representative or not for profit organisation, and

ii.   A prominent business woman”

c)   All nominations be returned back to Council to be considered in a Confidential           session.

    d)  Council write to all Ministers for relevant funding that may be available.

2. Allow Clr Sabrina Mamone to invite all the female Western Sydney Councillors to the Women’s Forum attaching a copy of this Notice of Motion.
3. Allow Clr Sabrina Mamone to invite any relevant Members of Parliamant to attend the Forum in November.
4. Allow Clr Sabrina Mamone to liaise with WSROC and MACROC for assistance which may be required.

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

NOTICE OF MOTION

That Council forthwith discontinue its attempts to reclassify, rezone and dispose of the following properties: 

·    124A Wonga Road, Lurnea (McCarthy Park)

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

·    8 Ferrington Crescent, Liverpool (Ferrington Park)

·    20A Frazer Avenue, Lurnea (Baker Park)

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

·    26 Wendlebury Road, Chipping Norton (Wendlebury Park)

·    22 Box Road, Casula (Mimosa Park)

·    72A Grevillea Crescent, Prestons (Acacia Park)

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

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

·    12A Brain Avenue, Lurnea (Hannan Park),

·    and Thawaral and Hazel Bradshaw parks to the extent as much might still be under consideration. 

COUNCIL DECISION

Motion                              Moved: Clr Shelton              Seconded: Clr Harle

1. That Council forthwith discontinue its attempts to reclassify, rezone and dispose of the following properties: 

·    124A Wonga Road, Lurnea (McCarthy Park)

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

·    8 Ferrington Crescent, Liverpool (Ferrington Park)

·    20A Frazer Avenue, Lurnea (Baker Park)

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

·    26 Wendlebury Road, Chipping Norton (Wendlebury Park)

·    22 Box Road, Casula (Mimosa Park)

·    72A Grevillea Crescent, Prestons (Acacia Park)

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

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

·    12A Brain Avenue, Lurnea (Hannan Park),

·    and Thawaral and Hazel Bradshaw parks to the extent as much might still be under consideration. 

2.    A report be brought to Council on possible park upgrades.

Amendment:                         Moved: Clr Hadchiti             Seconded: Clr Hadid

1.    That the item be deferred to the next Council meeting, alongside the Council officers report in relation to community consultation on the pocket parks mentioned above.

2.    That the report also report on possible park upgrades on those parks that are not recommended for sale.

3.    Officers list the park priority for this financial year.

4.    Officers report back on a funding source if needed to immediately undertake works at one or any of those parks.

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

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

NOTICE OF MOTION

That Council generates a report for the next Council Meeting Council addressing the following questions.

1.   In light of the above concerns, what practical options could Council implement to better monitor and control the amount of dust particles that settle in residential areas within close proximity Building Material Waste Recycling Centres located in the Liverpool LGA?

2.   Based on the recent decision by the NSW PAC and its approval for the Moorebank Waste Recycling Centre, what practical options are available to Council to ensure that the plant operates within the conditions of consent and in particular to air quality?

3.   What would be the cost of purchasing portable air quality monitoring equipment that could be set up in areas of concerns considered problematic?

4.   In the case of the Moorebank Recycling Centre, does Council have the power/authority to ensure that independent 24 hour 7 days a week air quality monitoring takes place and that the information is published on the Council Website on a regular basis?   

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.

NOTICE OF MOTION

That Council:

1.   Report at the next Council Meeting on what records were actually lost

2.   Come up with an action plans in assisting in recovering house plans for those homes and report back to council at the next meeting.

COUNCIL DECISION

Motion                              Moved: Clr Mamone            Seconded: Clr Waller

That Council:

1. Report back to Council on what records staff believe was lost in the fire and what can be done to address the matter, including costs of an audit.

Put a policy in place to deal with records that were burnt

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

RECOMMENDATION

That Council approves Development Application DA-66/2015, subject to the amended conditions of consent (Attachment 4)

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approves Development Application DA-198/2015, subject to the recommended conditions of consent contained within the Council officer’s report (attached).

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.

RECOMMENDATION

That Council approves Development Application DA-1105/2014, subject to the recommended conditions of consent contained within the Council officer’s IHAP report (attached).

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Mamone

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approve Development Application DA-180/2015, subject to the recommended conditions attached to the Council officer’s IHAP report.

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

RECOMMENDATION

That Council approves Development Application DA-630/2014, subject to the recommended Conditions of Consent attached to the Council Officer’s report.

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 Karnib

                                                Clr Mamone

                                                Clr Ristevski 

                                                Clr Waller

Vote against:                         Clr Harle

                                                Clr Shelton

                                                Clr Stanley

RECOMMENDATION

That Council approve Development Application DA-304/2015, 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.

Amendment: Moved: Clr Harle              Seconded: Clr Mamone

That the application be deferred and the applicant be invited to amend the application to two lots and a report be brought back to Council once a response has been received.

On being put to the meeting the Amendment (moved by Clr Harle) was declared LOST.

Vote for:                                Clr Harle

Clr Karnib

Clr Mamone

Clr Ristevski

Clr Waller

Vote against:                         Mayor Mannoun

Clr Balloot

Clr Hadid

Clr Hadchiti

Clr Shelton

Clr Stanley

The motion (moved by Clr Hadchiti) was then put to the meeting and was declared LOST.

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

Vote against:                         Clr Harle

                                                Clr Karnib

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Mamone

                                                Clr Waller

As both the Amendment and Motion were lost when put to the meeting, IHAP 06 was resubmitted for Council to consider and the following motion was moved:

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

That the recommendation be adopted.

Foreshadowed motion:                 Moved:Clr Harle                   Seconded: Clr Mamone

That the application be deferred and the applicant be invited to amend the application to two lots and a report be brought back to Council once a response has been received.

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

 Vote for:                               Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

Vote against:                         Clr Harle

                                                Clr Karnib

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

                                                Clr Mamone

                                                Clr Waller

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

Vote for:                                Mayor Mannoun

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski       

                                                Clr Waller

Vote against:                         Clr Balloot

                                                Clr Hadid

                                                Clr Hadchiti

                                                Clr Shelton

                                                Clr Stanley

RECOMMENDATION

Endorses the Financial Contributions Panel’s recommendations for the provision of $30,750 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $30,750 is endorsed, the remaining balance will be $20,750

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Stanley

That Council approves the provision of $5,750 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. Council note that the remaining balance will be $45,750.

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

RECOMMENDATION

That Council note the contents of this report.

COUNCIL DECISION

Motion                              Moved: Clr Stanley              Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Note this report;

2.    Delegates to the Chief Executive Officer the delegations set out in the Delegations to the Chief Executive Officer, as attached to this report.

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

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

RECOMMENDATION

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

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

Method of Election

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot  

That the method of election for the position of Deputy Mayor of Liverpool City Council for the term 30 September 2015 to 9 September 2016 be determined by open vote.

Amendment:                         Moved: Clr Harle                  Seconded: Clr Stanley

That the method of election for the position of Deputy Mayor of Liverpool City Council for the term 30 September 2015 to 9 September 2016 be determined by preferential ballot.

On being put to the meeting the Amendment (moved by Clr Harle) was declared LOST.

The motion (moved by Mayor Mannoun) was then voted on and on being put to the meeting the motion was declared CARRIED.

Nominations:

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

The Acting Chief Executive Officer advised that three nominations had been received being for Clr Waller, Clr Harle and Clr Hadchiti.  The following votes were recorded:

Clr Waller – 4 votes

          Clr Harle   – 1 vote

          Clr Hadchiti – 6 votes

Clr Hadchiti was declared the Deputy Mayor.  

Motion:                         Moved: Mayor Mannoun              Seconded: Clr Balloot  

That:

1.    Councillor Hadchiti be declared the Deputy Mayor of Liverpool City Council for the term 30 September 2015 to 9 September 2016.

2.    Council’s Register of Delegations be amended accordingly.

3.    All balloot papers be collected and destroyed by the Returning Officer.

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

RECOMMENDATION

That Council receives and notes this report.

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.   Appoints Councillors as representatives to the following Committees for the period to September 2016:

a.   Aboriginal Consultative Committee

b.   Audit and Risk Committee

c.   Badgerys Creek Taskforce

d.   Budget and Finance Committee

e.   Building our New City

f.    Casula Powerhouse Arts Centre Board

g.   Civic Advisory Committee

h.   Committee for Liverpool

i.    Economic Development and Events

j.    Environment Advisory Committee

k.   Heritage Advisory Committee

l.    Liverpool Access Committee

m.  Liverpool Sports Committee

n.   Master Plan Steering Committee

o.   Multicultural Advisory Committee

p.   No Intermodal Committee

q.   Planning and Development Committee

r.    Street Naming Committee

s.   Warwick Farm Racing Precinct Steering Committee

t.    Youth Council

2.   Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2016:

a.   Floodplain Management Association

b.   Georges River Combined Councils Committee

c.   Joint Regional Planning Panel

d.   Liverpool Migrant Resource Centre

e.   Liverpool Traffic Committee

f.    Macarthur Bushfire Management Committee

g.   Macarthur Zone Bushfire Liaison Committee

h.   Macarthur/Liverpool Community Relations Commission Regional Advisory Council

i.    NSW Metropolitan Public Libraries Association

j.    The South West Sydney Academy of Sport

k.   Westpool

l.    Western Sydney Regional Organisation of Councils.

COUNCIL DECISION

Motion                              Moved: Clr Mannoun           Seconded: Clr Balloot

1.    That Council appoints the following Councillor representatives to the internal Committees as listed below for the period to September 2016:

Internal Committees:

1. Aboriginal Consultative Committee

Clr Shelton

Clr Waller

2. Audit and Risk Committee

Clr Hadid

Clr Mamone

Clr Shelton

3. Badgerys Creek Taskforce

Mayor Mannoun

Deputy Mayor Hadchiti

Clr Balloot

Clr Hadid

Clr Harle

Clr Mamone

4. Budget and Finance Committee

Mayor Mannoun

Clr Balloot

Clr Hadid

Clr Harle

Clr Ristevski

Clr Shelton

5. Building our New City

Mayor Mannoun

Deputy Mayor Hadchiti

Clr Balloot

Clr Hadid

Clr Mamone

Clr Shelton

6. Casula Powerhouse Arts Centre Board

Clr Hadid

Clr Waller

7. Civic Advisory Committee

Mayor and all Councillors

8. Committee for Liverpool

Mayor Mannoun and President of WSROC (Clr Hadchiti)

9. Economic Development and Events

Clr Balloot

Clr Hadid

Clr Harle

Clr Mamone

Clr Shelton

10. Environment Advisory Committee

Clr Harle

Clr Mamone

Clr Shelton

11. Heritage Advisory Committee

Clr Hadid

Clr Harle

12. Liverpool Access Committee

Clr Waller

13. Liverpool Sports Committee

Clr Hadid

Clr Ristevski

14. Master Plan Steering Committee

Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Shelton

15. Multicultural Advisory Committee

Clr Balloot

Clr Hadchiti

Clr Mamone

Clr Ristevski

16. No Intermodal Committee

Mayor Mannoun

Clr Hadchiti

Clr Harle

17. Planning and Development Committee

Mayor and all Councillors

18. Street Naming Committee

Mayor Mannoun

Clr Balloot

Clr Harle

19. Warwick Farm Racing Precinct Steering Committee

Deputy Mayor Hadchiti

20. Youth Council

Clr Ristevski

Clr Waller

2.    Appoints the following Councillors as representatives to the following community Committees and affiliated bodies for the period to September 2016 and notifies the organisations of the representatives:

External Committees:

1. Floodplain Management Association

Clr Harle

2. Georges River Combined Councils Committee

Clr Harle

Clr Shelton

3. Joint Regional Planning Panel

Clr Mamone

Clr Ristevski

Clr Hadchiti (alternate)

Clr Harle (alternate)

4. Liverpool Migrant Resource Centre

Clr Balloot

Clr Karnib

5. Liverpool Traffic Committee

Clr Hadchiti

6. Macarthur Bushfire Management Committee

Clr Harle

7. Macarthur Zone Bushfire Liaison Committee

Clr Harle

8. Macarthur/Liverpool Community Relations Commission Regional Advisory Council

Clr Hadid

9. NSW Metropolitan Public Libraries Association

Clr Mamone

10. The South West Sydney Academy of Sport

Clr Stanley

11. Westpool

Clr Ristevski

12. Western Sydney Regional Organisation of Councils.

Clr Hadchiti

Clr Hadid

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

.

RECOMMENDATION

That Council:

1.    Receive and note the information.

2.    Advertise the attendance at Councillor Briefing Sessions, Council meetings and Committee meetings once a month in the local Liverpool newspapers and maintain the register on Council’s website as outlined in this report.

COUNCIL DECISION

Motion                              Moved: Clr Ristevski           Seconded: Clr Stanley

That Council defer this item to the next meeting.

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

BRING ITEM FORWARD

Motion:                                  Moved: Clr Stanley               Seconded: Clr Shelton

That Items DCC01, DCC02,  DCC 03, DCC 04 and DPG 02 be moved forward and dealt with now.

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

RECOMMENDATION

That Council:

1.   Adopt the draft Grants and Donations Policy.

2.   Approves $200,000 in the 2015/2016 budget as per resolution at 25 February 2015 Council meeting to be allocated towards a Community Matching Grants program with funds to be included in the budget variance report to come to the October Council meeting.

3.   Approves $75,000 in the 2015/2016 budget as per resolution at 29 April 2015 Council meeting to be allocated towards a proposed Sustainable Environment Grants program with funds to be allocated from the Environment, Stormwater and Waste Levy programs.

4.   Approves $87,000 to employ one full-time equivalent position to assist with administration of all programs including the two additional grants programs proposed by Council resolution. Funds to be included in the budget variance report to come to the October Council meeting.

5.   Allocate $20,000 towards a one year subscription to SmartyGrants and an additional $2,500 to be used for promotion of the grants and donations programs including information sessions and workshops with potential applicants. Funds to be included in the budget variance report to come to the October Council meeting.

COUNCIL DECISION

Motion                              Moved: Clr Mannoun           Seconded: Clr Stanley

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Places the draft Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 on public exhibition for a period of 28 days inviting public submissions.

2.   Receives a further report on the Homelessness Policy and Homelessness Strategy and Action Plan 2015-2017 following public exhibition.

COUNCIL DECISION

Motion                              Moved: Clr Mamone            Seconded: Clr Hadchiti

That the recommendation be adopted.

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 $1,000 (GST exclusive) under the Community Donations Program as summarised in the table below:

          Community Grants Program

2.   Endorses the Financial Contribution Panel's recommendations for the provision of $500 (GST exclusive) under the Youth Donations Program as summarised in the table below:

          Youth Donations Program

3.   Endorses the Financial Contribution Panel's recommendations for the provision of $400 (GST exclusive) under the School Donations Program as summarised in the table below:

          School Donations Program

COUNCIL DECISION

Motion                              Moved: Clr Mamone            Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council Allocate from the Councillor Reserve $5,000 to fund a dinner in honour of the Fijian Prime Minister’s visit to Liverpool.

COUNCIL DECISION

Motion                              Moved: Clr Shelton              Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Resolves to prepare and exhibit the Draft amendment to the Liverpool Local Environmental Plan 2008.

2.       Forwards a copy of the Planning Proposal to the Department of Planning and Environment seeking a Gateway determination and following that proceed with public authority consultation and public exhibition.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

Vote for:          Mayor Mannoun

                        Clr Balloot

                        Clr Hadid

                        Clr Hadchiti

                        Clr Harle

                        Clr Mamone

                        Clr Ristevski

Vote against:   Clr Karnib

                        Clr Shelton

                        Clr Stanley

                        Clr Waller

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

1.  That Council move into Closed Session to deal with Mayoral Minute (Legal Response to Concrete Recycling Facility) in conjunction with CONF 14, and CONF 10, CONF 8 and CONF 12 :

·         Mayoral Minute (Legal Response to Concrete Recycling Facility)

Reason: s10A(g)

·         CONF 14 Legal Matter – Moorebank Waste Recycling Project

      Reason: s10A(g)

·         CONF 10 Tender RCL2383 – Recognised Contractor Listing for Stormwater Drainage Pipe Rehabilitation Works

Reason: s10A(d i)

·         CONF 8  ST2480 Fire Safety Programme Fire Engineered Solutions

Reason: s10A(c)

·         CONF 12 ST2483 Provision of Expert Legal Services

Reason: s10A(c)

.

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

●       10A(2)(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.●     10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.●    10A(2)(a) personal matters concerning particular individuals (other than councillors).●       10A(2)(d ii) commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.●   10A(2)(d i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

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

Mayoral Minute

SUBJECT: Legal Response to Concrete Recycling Facility

On September 11, 2015 the Planning Assessment Commission (PAC) approved the construction of the controversial Moorebank Waste and Recycling Facility on the banks of the Georges River.

This facility will handle approximately 500,000 tonnes of construction waste per year and sits next to brand new residential housing estate, and a proposed luxury marina on the George’s River.  Our council has worked to develop a positive plan for our community and the prime waterfront land alongside our beautiful George’s River. This facility will spoil those plans.

PAC approved the final decision after the NSW Department of Planning progressed the application and recommended its approval.  This decision by the PAC was made despite a vigorous defence mounted by the Liverpool Council, our State MP Melanie Gibbons and Federal MP Craig Kelly, and members of the community.

The decision by the PAC in the face of sound planning arguments has outraged all involved in the staunch defence of residents in Georges Fair and the greater Liverpool area.

Previously, this council had assured the community that we will engage in a legal challenge in the Land and Environment Court and seek to overturn this decision.

Consequently, Council has sought legal advice and will pursue all available legal avenues to argue against this development. We will also continue to stand by the residents in voicing their opposition to the concrete recycling plant.

RECOMMENDATION:

That Council:

1. Write to the NSW Planning Minister to express our disappointment to the decision by the PAC to approve this facility and inform him that we will oppose the decision in the Land and Environment Court.

2. Delegate authority to the Chief Executive Officer to commence legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

3. Authorise the Chief Executive Officer to explore all avenues including the potential of a land swap and site testing to stop the proposed development proceeding, should legal action be unsuccessful; And

4. Write to the affected residents to advise them of Liverpool Council’s planned course of action, and continue to update them periodically on the progress of our legal challenge.

5. Notes the confidential legal advice received by Liverpool Council in regards to a legal challenge.

Motion:                                            Moved: Mayor Mannoun

That Council:

1. Delegate authority to the Chief Executive Officer to commence legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

2. Authorise the Chief Executive Officer to explore all avenues including the potential of a land swap and site testing to stop the proposed development proceeding, should legal action be unsuccessful; And

3. Write to the affected residents to advise them of Liverpool Council’s planned course of action, and continue to update them periodically on the progress of our legal challenge.

4.    Notes the confidential legal advice received by Liverpool Council in regards to a legal challenge.

5.    Deal with NOM 06 and CONF 14 as part of this motion.

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

RECOMMENDATION

That Council, subject to the final legal advice, delegate authority to the Chief Executive Officer to undertake legal proceedings against any and all relevant parties in relation to Planning Assessment Commission determination D356/15 and Part 3A application 05-0157, concerning the approval of a waste recycling facility in Moorebank.

COUNCIL DECISION

Motion:                                  Moved:                                   Seconded:

Note: This item was dealt with in conjunction with the Mayoral Minute – Legal Response to Concrete Recycling Facility, on pages 55-56 of these minutes.

RECOMMENDATION

That Council: 

1.    Accepts the tenders from the below listed contractors for Tender RCL2383 – Stormwater Drainage Pipe Rehabilitation Works for an initial period of two years, with the option to extend by three one year terms.

Category F2.1: CCTV            Category F2.1: CCTV Inspection and Condition Assessment

·    Interflow Pty Limited;

·    Total Drain Cleaning Services Pty Ltd;

·    ITS Trenchless Pty Ltd;

·    Aqua Assets Pty Limited; and

·    Insituform Pacific Pty Ltd

          Category F2.2: Enhanced Pipe Maintenance

·    Total Drain Cleaning Services Pty Ltd;

·    ITS Trenchless Pty Ltd;

·    Interflow Pty Limited; and

·    Insituform Pacific Pty Ltd

Category F2.3: Pipe Restoration

·    ITS Trenchless Pty Ltd;

·    Interflow Pty Limited;

·    Total Drain Cleaning Services Pty Ltd; and

·    Insituform Pacific Pty Ltd

Category F2.4 & F2.5

                                               Drainage Pipe Renewal and Replacement

·    Interflow Pty Limited;

·    Insituform Pacific Pty Ltd; and

·    ITS Trenchless Pty Ltd

2.    Makes public its decision regarding Tender RCL2383 – Stormwater Drainage Pipe Rehabilitation Works.

3.    Notes that the Director Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of the draft minutes on Council’s 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:  Mayor Mannoun         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.

RECOMMENDATION

That Council: 

1.    Accept the Tender from Holmes Fire Limited Partnership for Tender ST2480 – Fire Safety Programme – Fire Engineered Solutions for a one year contract term with the option of extending 1 x 12 months.

2.    Makes public its decision regarding tender Tender ST2480 – Fire Safety Programme – Fire Engineered Solutions.

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

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

COUNCIL DECISION

Motion                              Moved: Clr Mannoun           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.

RECOMMENDATION

That Council: 

1.    Accept the Tender from Clayton Utz for ST2483 – Provision of Expert Legal Services for a three (3) year contract term.

2.    Makes public its decision regarding tender ST2483 – Provision of Expert Legal Services.

3.    Notes that the Director – Business Improvement 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 Mannoun           Seconded: Clr Stanley

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

Motion                              Moved: Clr Mannoun         Seconded: Clr Balloot

That the meeting be extended until the business is completed.

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

Mayor Mannoun adjourned the meeting at 11.04pm and advised that it will reconvene at 5.00pm on Tuesday 6 October 2015, to deal with the remaining items on the agenda.

RECOMMENDATION

That Council notes the report’s key findings and observations with respect to local funding and financing mechanisms, as an outcome of the Future Cities Collaborative overseas mission to the United States.

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.

RECOMMENDATION

That Council:

1.    Endorses the draft Miller Town Centre Master Plan.

2.    Notes the primary objectives of the master plan to improve services, safety and amenity for the Miller community and address social disadvantage.

3.    Publicly exhibits the draft Miller Town Centre Master Plan for 28 Days, including a public information session.

4.    Receives a further report detailing the community’s feedback on the Draft Miller Town Centre Master Plan noting any changes.

COUNCIL DECISION

Motion                              Moved: Clr Shelton              Seconded: Clr Stanley

That Council:

1.    Publicly exhibits the draft Miller Town Centre Master Plan for 28 Days, including a public information session.

2.  Receives a further report detailing the community’s feedback on the Draft Miller Town Centre Master Plan noting any changes

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

Councillors voted unanimously for this motion.

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 Hadchiti        Seconded: Clr Balloot

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:

1.    Approves the following fee to be placed on Public Exhibition:

A compliance levy of 0.25% of the capital investment value (CIV) of a proposed development be charged on each development application with a minimum levy of $75.00.

2.    Receives a further report following the exhibition process which outlines any submissions made/public feedback.

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

RECOMMENDATION

That Council:

1.    Conducts a cost/benefit analysis and risk and compatibility assessments on transitioning to a Technology One based platform for Council’s property and developer contributions software.

2.    Investigates options to provide discounted developer contributions in order to incentivise specific development in the Liverpool City Centre and other areas in accordance with future Council strategic objectives.

3.    Seeks Ministerial approval pursuant to Clause 94E(1)(d) of the Environmental Planning and Assessment Act 1979 to increase the rate of the development contributions applying to the Liverpool City Centre under the Liverpool Development Contributions Plan 2007 to 3% for all zones.

4.    Seeks Ministerial approval pursuant to Clause 94E(1)(d) of the Environmental Planning and Assessment Act 1979 to introduce a S94A scheme across the established areas of Liverpool, levying a developer contribution of 2% for works with a capital value in excess of $200,000, with 0.5% applying to development valued at between $100.000 and $200,000, except for identified high growth areas where existing contributions charges would remain.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadchiti

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.   Approves the acquisition of Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, for the price and terms outlined in the confidential attachment;

2.   Upon settlement of the acquisition, dedicates Lot 204 DP 1194243, Kurrajong Road, Carnes Hill, as public road;

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 Hadid                 Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 10 August 2015.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meetings held on 5 August 2015 and 2 September 2015.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  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 Building our New City Committee Meeting held on 2 September 2015.

2.   Approves the updating of the current paving strategy.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 30 July 2015.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Civic Advisory Committee Meeting held on 25 August 2015.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 2 September 2015.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and adopts the Minutes of the Planning and Development Committee Meeting held on 2 September 2015.

COUNCIL DECISION

Motion                              Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

Please address the following:

2.      Reports back to council at the next General Council Meeting with the following;

1. Who authorised the hire of external Private Security Guards and called the Police, dressed in Riot gear, to this event?

The CEO based on a credible threat and on the advice of the Police and in consultation with the Catholic Club. Police attended of their own volition but were not Riot Squad but general duty Police.

2. When was the decision made to hire Private Security Guards and to call Police, dressed in Riot gear, and on what basis?

On the Thursday and Friday prior to the event and following the evidence of a credible threat on social media.

3. If there were safety concerns surrounding the Christian Orthodox Interfaith Lunch, why were these not mentioned in the CEO's report in the July council meeting four days prior to the lunch?

The information was not available at that time regarding the threats that had been made.

4.  Were any threatening advances made to the Mayor, Councillors or distinguished guests during the Christian Orthodox Interfaith Lunch?

No.

5. Was the Christian Orthodox community consulted regarding concerns that may have been expressed at the presence of private security guards and Police dressed in riot gear?

Police were not dressed in riot gear. The CEO nor any staff member present received any comment or concern from attendees on the day of the event.

6. What was the total cost of hiring the Private Security Guards and how where these cost funded? i.e.; was Rate Payers money used to pay for this expense?

The cost of security was included in the cost of staging the event through the Catholic Club which was paid for by Council.

7. Why were the “costs of hiring the Private Security Guards" not tabled at the 27^th July Council Meeting four days prior to the Christian Orthodox Lunch as a “Notice of Motion” or an “Amendment to the Notice of Motion” that was raised by Clr Peter Ristevski?

See comments in “C” above.

8. Has this set a precedent for future Liverpool City Council events requiring Private Security Guards and Police attendance and how does that impact on Council financially?

Each instance with be assessed on its merits but where there is a credible threat appropriate action will be taken to ensure the safety of all attendees.

9. Has council addressed all complaints made from the Christian Orthodox community in relation to the appearance of the Private Security Guards and Police dressed in Riot gear?

At this point no formal complaints have been made concerning the use of security personnel and the Police presence.

3. The Mayor writes to all community leaders that attended apologising for the over-reaction of hiring the Private Security Guards and calling Police to the event prematurely.

This was not an overreaction. The actions taken were taken following consultation with Police and were justified to ensure the safety of attendees. Council has a significant Duty of Care which in this case has been appropriately discharged. There is therefore no basis or reason for an apology to be given.

Could Councillors be provided with an update on the following issues:

1. Bellfield College:

Council approved a NOM in August 2012, a copy has been attached to this QWN. In relation to the NOM:

a.    Have all conditions of the NOM been carried out?

b.    Councillors to be provided with all relevant information as per NOM.

Council records indicate that meetings were held in 2012 on site with the PCA, the school and the concerned residents and Councillors.  Council officers had conducted investigations into concerns regarding unlawful filling and contaminated soil on the school grounds.

The investigations related to the unauthorised conversion of an area within the school grounds into a playing /sporting field through unlawful filling.  A development application was subsequently lodged on 25 August 2014 seeking approval for use of the sporting/playing field.  As the application was not determined within the statutory timeframe, the applicant lodged a deemed refusal appeal in the Land and Environment Court.  The matter was heard through a Section 34 conference on site on 28 November 2014. The deferred commencement issued on 5 December 2014 required the applicant to provide a contamination report by a NSW EPA Accredited Site Auditor (Accredited under the Contaminated Land Management Act 1997) in respect of the fill used on site.   The deferred consent had to be addressed within 6 months.  All the other technical issues including flooding had also been assessed and satisfied.

On 19 March 2015, the applicant submitted the required site audit report.  The report was reviewed by Council's Environmental Health team and found to be satisfactory.  The applicant was notified on 21 May 2015 that the deferred consent was satisfied and the development consent became operative. There are no current issues with Belfield College.

It is noted that in respect of the unlawful filling matter, this was also the subject of a separate Order issued by Council.  The applicant appealed the Order in addition to the deemed refusal. The deemed refusal was heard through the Section 34 conference held on 5 December 2014. Following the determination of the development application and the satisfying of the deferred consent the applicant discontinued the appeal to the order on 17 May 2015.

2. Continuing fill at 235 Denhamcourt Road, Denhamcourt.

a.      What is the current status of this site especially as it is evident that fill including large boulders are continuing to be brought onto the site despite a previous Council investigation?

A Section 96 modification approval was issued on 12 June 2014 granting approval for minor changes to Development Consent DA-84/2013 which granted approval for a tennis court.  The modification approval imposed conditions requiring the following:

·         all fill introduced to the site to undergo a contaminated site assessment;

·         design of rock wall and footings to be prepared by a qualified structural engineer;

·         sediment and erosion control measures to be implemented and maintained during works; and

·         removal of any unapproved fill.

A construction certificate for current works on site was issued by a private certifier. A certificate was provided to Council regarding the contaminated soil assessment.  A recent inspection by Council officers found that work on site was progressing in accordance with the approval and no compliance issues were identified.  There was no excess fill on site and satisfactory sediment and erosion control measures were in place.  However it is noted that works are still underway and Council officers will continue to monitor until completion.

General

At the Planning and Development Committee meeting of 2nd September, it was agreed that officers will ensure that Councillors are kept informed regarding development applications and other compliance matters where there is strong community interest.

Since the closure of the bowling club early last year there is nothing close to the CBD of Liverpool that provides spaces for older Liverpool residents for sport and recreation.

What has been planned to replace recreation opportunities for older Liverpool residents given the explosion of residential units currently under construction?

Opportunities for sport, recreation and leisure are critical for all members of our community. For the seniors in our community, these programs can help reduce isolation, provide health benefits and give opportunities for pleasurable, social experiences.

Within the city centre, there are a number of opportunities for seniors to actively participate. These include programs run through:

Liverpool Senior Citizens

Location: Hilda M Davis Centre

Description: Card games, social events, movie showings

Liverpool U3A School for Seniors Inc.

Location: Dr. Pirie Community Centre

Description: Liverpool U3A are running classes for seniors aged 50 and above. Classes include aqua-aerobics, computing and internet, creative writing, drawing, euchre, French, oil painting, oldtime/new vogue dancing, patchwork and needlework, tai chi, yoga, topical discussion group, china painting, water colour, Australian & local history, art appreciation, Chinese painting, calligraphy, craft and social walking group. Australian Native Plants; Meditation; Numeracy; Photography; Trivia

Liverpool District Men's Shed

Location: 31 Shepherd St, Liverpool NSW 2170

Description: Provides a workshop well equipped with electrical tools, hand tools and materials. Woodwork and handicraft projects are the major activities performed. Provides supervision and assistance.

Liverpool Migrant Resource Centre

Location: 108 Moore St, Liverpool NSW 2170

Description: : The Liverpool MRC provides information and referral on settlement issues to newly arrived migrants and refugees settling in the Liverpool LGA . We offer a range of programs including English classes, multicultural playgroups and arts projects. We also offer support and capacity building to CALD groups, new and emerging communities, women, youth and other groups through community development services such as groups, playgroups, senior support and youth programs.

Our own library service provides:

Broadband for Seniors

Description: Provides lessons on Computer Basics, Internet, e-mail, Windows 8, photo-sharing, social media for seniors.

Tech Savvy Seniors - Liverpool City Library

Description: A joint initiative of TELSTRA and the State Government providing FREE Internet lessons to seniors. Liverpool Library and MacArthur Community College have joined hands to deliver the program.

The library also provides activities including Book Chats, Liverpool Knitters Group, Family History Fridays monthly at the Museum, and a range of museum events and library talks that while not specifically targeted to the seniors community are all very popular with that demographic. The library also holds a large collection of large print fiction and non-fiction on topics that may be of interest to the seniors community including healthy ageing, finance etc.

The Whitlam Centre has membership and entrance options for the seniors community and are actively targeting this group for fitness and healthy ageing initiatives.

Further out from the CBD, Casula Powerhouse has regular matinee performances and seniors friendly workshops and events.

Both the library and Casula Powerhouse have increased their programming for the seniors community in recent years and will continue to do so. We will also continue to support seniors groups through the use of space in community centres and through promoting their activities through our community directory and other relevant opportunities.

.

Files lost in August 2010 Fire

Some time ago a report was furnished of Council regarding files etc lost in the Council Building Fire. Recently I have been made aware of another item that is not able to be found subsequent to the fire.

1. Can officers provide a follow up report to Council regarding issues of missing files, and a copy of the original report, please.

2. Is a list/report etc being kept as it emerges that files or DA’s are not able to be found?

3. How is a determination made when items are unable to be located that it is because of the fire? As the fire was 5 years ago could there be other explanations why files are missing?

4. Is it possible and if so what would be the cost for a comprehensive audit to determine what is missing? Was this done at any time since the fire in 2010?

5. Has this issue been discussed at the Audit and Risk Committee to determine whether Council has / should have concerns regarding risk to its business? If so, what was the outcome?

6. How often are audits done on the completeness of details of Council’s files and reports?

7. What actions are in place to ensure that all files are captured on the computer             network?

A response to these questions will be provided in the October business papers.

Please address the following:

1.      Have Council Officers had discussions, pre-DA meetings or any other correspondence with the DeAngelis Group or any other parties with the purpose of formulating a new DA for the site 467 HUME HIGHWAY CASULA NSW 2170 also known as Fontainebleau Motel.

a)    if so, please provide details the nature, content and purpose of these discussions

b)    are  Council officers aware of when any application maybe expected to be lodged

c)    if an application is lodged for this site can Councillors be advised immediately by email.

2.      Are Council officers aware of discussion owners may have had with local schools regarding a VPA for the site. Does this negotiation have any weight and have officers been involved in such negotiations?

3.      Are Council officers aware of any organisations in addition to Casula Public School, that have been approached by representatives of the De Angelis Hotel group to consider/sign a VPA with them?

4.      Is Council aware of anyone who has refused to enter into such VPA agreements?

5.      When or have Council officers engaged in any discussions with Police concerning a possible new DA for the hotel? Are there minutes or similar available from any meetings of this type.

6.      What are the implications of VPAs on the Council and IHAP planning assessment and approval process?

7.      Could Council officers determine what legal avenues there are  to oppose on negative social impact grounds under the NSW Liquor and Gambling laws, the move of 30 poker machines from the New Commercial Hotel in Liverpool to a proposed hotel in Casula –within the same LGA, should this be part of any proposal put to Council in the future.

8.      Are officers aware if and when an application is expected for the site?

A response to these questions will be provided in the October business papers.

Please address the following:

1. Can I be advised the costs in relation to industrial matters including legal fees for the following financial years:

·         2012-2013

·         2013-2014

·         2014-2015

2. How does this compare to costs for the previous Council term 2008-2012, by financial year?

A response to these questions will be provided in the October business papers.

RECOMMENDATION

That Council:

1.   Proceeds with the compulsory acquisition of part Lot 7001 DP 1027994, 16 Stroud Avenue, Warwick Farm, for road purposes, once the exact road alignment has been determined;

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 7001 DP 1027994 to Crown Lands and commence compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991;

3.   Upon settlement of the acquisition, classifies part Lot 7001 DP 1027994, 16 Stroud Avenue, Warwick Farm as ‘Operational' land;

4.   Keeps confidential the attachment supplied under separate cover containing Council’s valuation advice 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 Mamone            Seconded: Clr Harle

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.

RECOMMENDATION

That Council:

1.    Receive and note the report of staff in relation to the Voyager Point footbridge.

2.    Delegate authority to the CEO to do all things necessary in his discretion to pursue Council’s rights under the Heads of Agreement against the Commonwealth, including legal action in the Federal Courts and/or the NSW Supreme Court.

3.    Engage with Bankstown City Council to consider options for mitigating the loss of the respective Councils resulting from the Commonwealth’s repudiation of the Heads of Agreement.

4.    Receive further updates on the progress of this matter through the quarterly legal report to Council.

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.    Accept the Tenders as listed below for RCL – 2449 Major Events Core Infrastructure for an initial two year contract term with the option of extending 3 x 12 month options.

PLANNED EVENTS

UNPLANNED EVENTS

2.    Makes public its decision regarding tender RCL2449 – Major Events Core Infrastructure.

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

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

COUNCIL DECISION

Motion                              Moved: Clr Hadchiti             Seconded: Clr Mamone

That the recommendation be adopted.

Vote for:        Mayor Mannoun

                        Clr Balloot

                        Clr Hadchiti

                        Clr Hadid

                        Clr Harle

                        Clr Karnib

                        Clr Mamone

                        Clr Ristevski

                        Clr Shelton

                        Clr Waller

Vote against: Clr Stanley

.

RECOMMENDATION

That Council:

1.   Grants an easement for underground electricity cables to Endeavour Energy over Lots 15 & 16 in DP1129945 known as Light Horse Park in Liverpool, Lot 13 in DP247485 known as Mill Park in Liverpool and Lot 11 in DP881265 known as Helles Park in Moorebank, as outlined in this confidential Report;

2.   Keeps confidential this Report pursuant to the provisions of Sections 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 the relevant documentation necessary for the formalisation of the easement to be signed under Power of Attorney by Council’s delegated officer.

COUNCIL DECISION

Motion                              Moved: Clr Waller                Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council: 

1.    Accept the tenders from the below listed contractors for tender RCL2459 – Plant and Equipment Hire for an initial two year contract term with the option of extending 2 x 12 months;

·    A&A Hire Service

·    A and C Plant Hire Pty Ltd

·    A.M.A Building Development Pty Ltd

·    Acclaimed Excavations Pty Ltd

·    Action Recover Services Pty Ltd

·    Allards Plant Hire Pty Ltd

·    Aqua Assets Pty Limited

·    Astec Mulch Pty Ltd

·    Coates Hire Operations Pty Ltd

·    Conplant Pty Ltd

·    E and B Tipper Hire Pty Ltd

·    Kennards Hire Pty Ltd

·    Max Hire Pty Ltd

·    Online Pipe and Cable Locating Pty Ltd

·    Premiair Hire

·    Raygal Pty Ltd

·    Sharpe Bros (Aust) Pty Ltd

·    Sherrin Rentals Pty Ltd

·    Spyder Excavation Pty Ltd

·    Total Drain Cleaning

·    Toxfree

2.    Makes public its decision regarding tender RCL2459 – Plant and Equipment Hire.

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

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

COUNCIL DECISION

Motion:                                  Moved:      Clr Shelton                  Seconded: Clr Mamone

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.    Adopts the award recipients as recommended by the Civic Advisory Committee as set out in this report.

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

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.

RECOMMENDATION

That Council:

1.   Approves the acquisition of part Lot 1 DP 112012, 35 Rynan Avenue, Edmondson Park, containing an area of approximately 9,451 square metres for the price and terms outlined in the confidential attachment;

2.   Upon settlement of the acquisition, classifies the portion of Lot 1 DP 112012, 35 Rynan Avenue, Edmondson Park, being acquired as 'Community' 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 Shelton              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Approves the reclassification, rezoning and disposal of part Lot 1001 DP 1006332, Forcett Close, West Hoxton, for the price and terms outlined in the confidential attachment;

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

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

4.   Transfers the net proceeds from the sale back into the relevant Section 94 Contribution Plan.

COUNCIL DECISION

Motion                              Moved: Clr Hadid                 Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Accept the Tender from News Limited for ST2441 -  for an initial 2 year contract term with the option of extending for a further one year  at the GST inclusive price of $110,000.

2.    Accept the Tender from New Creative Advertising Company for Portion B of Tender ST2441 – Newspaper Advertising for an initial two year contract term with the option of extending for a further one year at the GST inclusive price of $72,912.00

3.    Makes public its decision regarding tender ST2441 – Newspaper Advertising.

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

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: Mayor Mannoun               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 Mamone

                        Clr Ristevski

Vote against: Clr Harle

                         Clr Karnib

                         Clr Shelton

                         Clr Stanley

                         Clr Waller

RECOMMENDATION

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

COUNCIL DECISION

Motion                              Moved: Clr Hadid                 Seconded: Clr Balloot

That the recommendation be adopted.

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

That Council provide details of attendees who attended on each occasion Council held an Interfaith dinner or luncheon.

The report should include the following information:

·    Number of people who attended each function.

·    The amount spent on each function.

·    How many attendees for each function were from outside our LGA.

·    Who organised and was in charge of invitations for each function.

That:

1.   A restructure occur in the Mayoral and Chief Executive Officer’s area that sees all positions except a personal assistant for both the Mayor and CEO removed from the structure.

2.   The funding for these positions be diverted to fund the legal challenge against the Moorebank Recyclers. It is no fair that the entire ratepayers fund this as this is the case currently. We Councillors should ensure there is enough money in the budget to fight this properly and not half heartedly.

3.   Any future positions created in the executive area be brought to Council for briefing and determination as the relevant industrial instrument sets out.

Noting Council's Media representation policy:

"Official Council Spokespersons

 4.4  The Mayor is Council’s official spokesperson and is responsible for providing media comment and media statements about Council policies and other matters of public interest."

That a report be provided for the November 2015 Council meeting addressing the following:

1a) When did Council agree that its policy was to build a Stadium worth $600 million?

1b) Have Councillors been provided with such plans or proposals for the stadium at this cost? If so, when and how were these plans discussed?

1c) When was an agreement made that such a policy would be funded by developer contributions?

1d) What consultation has been sought and what reaction has there been to this statement from Developers and ratepayers?

1e) What risks are there to continued development in Liverpool if further costs are added to developer's levies for such a venture? Is such a levy possible under current legislation?

1f)  Why were Councillors not informed in advance of the Media Coverage of the announcement of a seemingly major outlay of ratepayers' money on this development?

2.   And answer the questions posed in the background of this notice of motion namely:

a)   Stadium Policy that is to be funded via developer contributions to the sum of $400,000,000. If we break down these costs to the $10,000 developer contribution for each unit as reported in the media, this equates to an astounding figure of 40,000 units. The following questions need to be asked:

i.    How long will it take to build 40,000 units in Liverpool? 20 years?

ii.    What if 40,000 units don’t get built? How will this project be funded? Will it become a white elephant?

iii.   Who will fund the cost overruns? Will we have to sell Council assets to fund this? Have we done a complete cost analysis? Projects of this size, nine times out of ten go over budget. We already have a $40,000,000+ debt.

b)   World on a Plate Food Truck – Council spent $42,000 on feeding Martin Place executives outside of our LGA for free when we have a homeless issue in our LGA. Question:

i.    How did we measure if this was a success or a complete waste? What benchmarks have we applied?

ii.     What benchmarks have we applied?

That Council:

1.   Host a welcome reception for the Wanderers W- League team.

2.   As well as the Wanderers W-League team, invite representatives from Southern Districts Soccer Football Association (SDSFA), female players from local clubs, and selected female students from local schools interested in soccer.

3.   Hold the event in the afternoon or early evening so that Councillors, players, local female club players, and local school children can attend.

4.   Delegate Councillor Ristevski to invite all attendees

5.   Allocates up to $5,000 to host this event.

That Council:

1.   Implement a concierge service throughout the Mall to maintain social acceptable behaviour.

2.   Establish a taskforce of Councillors to work with the Police in maintaining a permanent beat in the Mall at all times.

That Council approves Development Application DA-1162/2014 subject to the recommended conditions of consent attached to the Council officer’s IHAP report (See Attachment 2).

That Council approves development application DA-997/2014 subject to conditions of consent contained within the Council officer’s IHAP report (see Attachment 2).