MINUTES OF THE Ordinary Meeting

HELD ON 16 December 2015

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Mamone

Councillor Shelton

Councillor Waller

Mr Carl Wulff, Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Gino Belsito, Director City Presentation

Mr Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

 

 

 

The meeting commenced at 6.11pm

 

 

OPENING                               6.11pm

PRAYER                                The prayer of the Council was read by Pastor Paul Mosiejczuk from Liverpool Baptist Church.

APOLOGIES                          Clr Karnib, Clr Ristevski and Clr Stanley

Motion:                                   Moved: Clr Hadchiti            Seconded:  Clr Hadid

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

 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Mamone

 

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

 

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

Declarations of Interest

 

Clr Waller declared a non-pecuniary, less than significant interest in the following item:

 

Item NOM 02:     Protecting Services in Liverpool

Reason:              Clr Waller works in the not for profit sector and the services she provides could be affected.

 

Clr Waller left the Chambers for the duration of the item.

 

 

Clr Shelton declared a non-pecuniary, less than significant interest in the following item:

 

Item NOM 05:     Friends of Collingwood

Reason:              Clr Shelton is affiliated with the organisation in question and knows a number of office holders.

 

Clr Shelton left the Chambers for the duration of the item.

 

 

Clr Harle declared a non-pecuniary, less than significant interest in the following item:

 

Item CONF 08:   Minutes of the Civic Advisory Committee – 2016 Australia Day Awards

Reason:              Clr Harle’s granddaughter was one of the nominees considered for an award. Clr Harle left the meeting when the nominations were discussed at the Civic Advisory Committee meeting and did not take any part in the discussions or recommendation relating to the nominations. He also did not score the nominations.

 

Clr Harle declared his interest at this Council meeting after the item was dealt with and did not leave the Chambers for the duration of the item. It is noted that the item was carried unanimously.

Public Forum

Presentation – Items not on agenda                     

Nil

 

Representation – Items on agenda

 

 

1.      Mr David Hoy from Urbis addressed Council on the following item:

 

DPG 06 - Application to amend LLEP  2008 to permit 'shops' up to a maximum GFA of 21,000sqm at 10 Orange Grove Road, Warwick Farm (Orange Grove MegaCenta)

 

 

2.      Ms Kim Shmuel from JBA Urban addressed Council on the following item:

 

DPG 06 - Application to amend LLEP  2008 to permit 'shops' up to a maximum GFA of 21,000sqm at 10 Orange Grove Road, Warwick Farm (Orange Grove MegaCenta)

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That a two minute extension of time be granted to Ms Kim Schmuel.

 

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

 

 

3.      Mr Peter Leyshon from Leyshon Consulting addressed Council on the following item:

 

DPG 06 - Application to amend LLEP  2008 to permit 'shops' up to a maximum GFA of 21,000sqm at 10 Orange Grove Road, Warwick Farm (Orange Grove MegaCenta)

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Mamone

 

That a two minute extension of time be granted to Mr Peter Leyshon.

 

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

 

 

4.      Mr Ian Williams from Kmart addressed Council on the following item:

 

DPG 06 - Application to amend LLEP  2008 to permit 'shops' up to a maximum GFA of 21,000sqm at 10 Orange Grove Road, Warwick Farm (Orange Grove MegaCenta)

 


 

 

Mayoral Minute

SUBJECT: NSW ALGWA Conference 

 

The NSW Australian Local Government Women’s Association Conference will be held between the 10th and 12th of March 2016, in Gunnedah NSW. 

 

Given the next meeting of council will be in early February 2016, there needs to be a decision on delegates now so accommodation may be arranged. Gunnedah is a rural setting and accommodation may be at a premium.

 

Delegates to the conference need to nominate before the end of December.

 

RECOMMENDATION

 

That Council:

 

1.    Ensures nominations from delegates to the 2016 NSW ALGWA conference are received before the end of December 2015.

 

2.    Provides transport and accommodation for delegates attending the conference in Gunnedah.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That:

 

1.    Any Councillors or female staff that wish to attend the 2016 NSW ALGWA Conference are to notify the CEO’s Office before the end of December 2015.

 

2.    Council provides transport and accommodation for delegates attending the conference in Gunnedah.

 

3.    Council pay for the registrations of all delegates.

 

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


 

Notices of Motion Of Rescission

 

ITEM NO:      NOMR 01

FILE NO:        324135.2015

SUBJECT:     Rescission of DPG 01 - DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point from the Council meeting 25 November 2015

 

NOTICE OF MOTION OF RESCISSION FROM MAYOR MANNOUN AND COUNCILLORS HADCHITI AND HADID

 

That Council rescinds the resolution relating to DPG 01 and DA-304/2015 - Three lot Torrens title subdivision at 11 Bullrush Cr, Voyager Point from the Council Meeting 25 November 2015, as shown below:

 

“That Council refuse the Development Application DA-304/2015 for the reasons detailed by the IHAP proposal as shown below:

 

1.    The 4.6 variation request to Clause 7.12 of LLEP 2008 is not well founded.

 

2.    The subdivision size and layout is not consistent with the context of the subdivision in the Voyager Point estate.”

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the above resolution from the 25 November 2015 Council meeting be rescinded.

 

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

 

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

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council invite the applicant of DA-304/2015 to hold further discussions with the CEO to amend the proposal to a two lot Torrens title subdivision, and delegate the final determination of the application to the CEO following the discussions with the applicant.

 

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

Vote against:                       Clr Shelton

                                                Clr Waller


Notices of Motion

 

ITEM NO:      NOM 01

FILE NO:        318687.2015

SUBJECT:     Resurfacing of Freeman Street Warwick Farm

 

NOTICE OF MOTION

 

That:

 

1.   Freeman Street, Warwick Farm be resurfaced as a priority in the 2016 to 2017 budget.

 

2.   Monies can be found in the sale of property at Shepherd St Liverpool failing a budget allocation within the current budget projections being possible.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.    Note the CEO Comments to the Notice of Motion (as shown below).

 

2.    Notes its previous policy position that the sale of assets will not be put into maintenance projects.

 

Foreshadowed motion:                 Moved: Clr Waller                Seconded: Clr Shelton

 

That Freeman Street, Warwick Farm be resurfaced as a priority in the 2016 to 2017 budget.

 

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

 

Mayor Mannoun and Clr Hadchiti asked that they be recorded as voting for the motion (moved by Clr Hadchiti).

 

CEO’S COMMENT TO NOTICE OF MOTION

 

The need for pavement improvements along Freeman Street has already been identified by Council and has been included in the current year’s capital works program. At this stage, the pavement reconstruction and resurfacing works along the full length of Freeman Street are anticipated to be completed by May 2016. 

Further, Nicholls Street in Warwick Farm, between Lawrence Hargrave Road and Station Street, has also been included in the current works program for reconstruction and resurfacing. This work will be undertaken concurrently with Freeman Street reconstruction works.


Clr Waller left the Chambers at 6.42pm.

 

 

ITEM NO:      NOM 02

FILE NO:        322716.2015

SUBJECT:     Protecting Services in Liverpool

 

NOTICE OF MOTION

 

That Council:

 

1.   Work closely with existing service providers funded by FACS to maintain the network of service delivery available today that will ensure services remain in Liverpool for Liverpool residents.

 

2.   Lobby the NSW Government on behalf of service providers.

 

3.   Lobby other levels of government for further services which will be required to service the expected growth of residents in the LGA.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That Council:

 

1.   Work closely with existing service providers funded by FACS to maintain the network of service delivery available today that will ensure services remain in Liverpool for Liverpool residents.

 

2.   Lobby the NSW Government on behalf of service providers.

 

3.    Lobby other levels of government for further services which will be required to service the expected growth of residents in the LGA.

 

4.    Note the CEO’S Comments to the Notice of Motion (as shown below).

 

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

 

 

CEO’S COMMENT TO NOTICE OF MOTION

 

Council is committed to building a strong community services sector in Liverpool that can lead social change. We know a robust and interconnected sector has the power to improve the services that are provided to our local community.

 

 

The Community Development and Planning Team have been involved in a number of consultations around the NSW Family and Community Services (FACS) Targeted Earlier Intervention Program (TEIP) Sector Consultation Paper including the Western Sydney Community Forum (WSCF) South Western Sydney District Community Sector Roundtable and the FACS South Western District Consultations. Council also partnered in a collaborative response in partnership with sector peak agencies and local governments across Western Sydney. A submission was also made by Council.

 

Currently there are a number of mechanisms that Council is involved in that have been discussing the TEIP reforms. These include the Liverpool Migrant and Refugee Interagency, Family and Children’s Services Interagency, Liverpool Youth Workers Network and FACS Local Government Engagement Meetings.

 

While it is acknowledged that the government policy direction of late has tended towards funding larger NGOs through a competitive tendering process, all dialogue with FACS staff has indicated that each district will be working closely with local stakeholders to develop localised plans.

 

The Community Development and Planning Team will be attending the upcoming WSCF Inaugural Sector Leadership Meeting on the 8 December 2015. All community organisations are encouraged to participate in the leadership group. The purpose of the meeting is to provide an ongoing opportunity to further discuss the TEIP Reform and agree on possible steps for action on both a regional and a district level.

 

The Community Development and Planning Team is keeping a watching brief on the TEIP reforms and will provide updates to Council of any significant developments.


Clr Waller returned to the Chambers at 6.43pm.

 

 

ITEM NO:      NOM 03

FILE NO:        322722.2015

SUBJECT:     Building Our New City Committee

 

NOTICE OF MOTION

 

That Council:

 

1.   Write to Professor Ed Blakely and the US Studies Centre thanking them for their support and valuable assistance with the planning and implementation of the Building Our New City Project.

 

2.   Terminate the agreement from the end of June 2016

 

3.   Redirect funds to projects in the CBD.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council:

 

1.    Write to Professor Ed Blakely and the US Studies Centre thanking them for their support and valuable assistance with the planning and implementation of the Building Our New City Project.

 

2.    Look forward to a continuing relationship with Professor Blakely in the future.

 

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


11

 

ITEM NO:      NOM 04

FILE NO:        323895.2015

SUBJECT:     Bringing Christmas Lights back into Liverpool

 

NOTICE OF MOTION

 

That Council offers a reward to the best three displays in the LGA, with the following prizes:

 

·    1st prize $500

·    2nd prize $300

·    3rd prize $100

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadchiti

 

That Council:

 

1.    Offers a reward to the best three displays in the LGA, with the following prizes:

 

·    1st prize $500

·    2nd prize $300

·    3rd prize $100

 

2.    Look at all aspects of traffic movement before the project is initiated.

 

3.    Acknowledge that Council has previously resolved to adopt the Mayoral Minute (at the 26 October 2015 meeting) which states that:

 

“Council uses the words “Merry Christmas” on all Council Christmas material for display throughout the community, which includes banners, flags and any other material that displays text.”

 

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

 


11

Clr Shelton left the Chambers at 6.47pm.

 

 

ITEM NO:      NOM 05

FILE NO:        323940.2015

SUBJECT:     Friends of Collingwood

 

NOTICE OF MOTION

 

That Council

           

1.   Expresses it sincere gratitude to the Friends Of Collingwood for the work they do

 

2.   Allocates on a yearly basis $3,500 to the Friends of Collingwood for the purpose of general up keeping and tour costs

 

3.   Allow the CEO to determine a funding source for the 15/16 financial year

           

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.

 


13

Clr Shelton returned to the Chambers at 6.48pm.

 

 

ITEM NO:      NOM 06

FILE NO:        323968.2015

SUBJECT:     Georges River Combined Councils' Committee 

 

NOTICE OF MOTION

 

That Council:

 

1.   Tables the 2014-2015 Annual Report for the GRCCC, and notes its contents.

 

2.   Congratulates the GRCCC and its executive for their ongoing work, particularly with respect to the Riverkeeper Program.

 

3.   Forwards a copy of this motion to the executive of the GRCCC.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 


13

 

ITEM NO:      NOM 07

FILE NO:        324053.2015

SUBJECT:     Provision of Embellishments to Parks

 

NOTICE OF MOTION

 

That Council:

 

1.   Compiles a strategy including the scheduling of community meetings to carry into effect the discussions referred to in the motion DPG 02 of November 2015.

 

2.   Presents a report to Council within four months as to options for the type of embellishments and enhancements which could be suitable for each of the parks mentioned in the previous item.     

 

3.   Funds the foregoing, including the commissioning of embellishments and enhancements, from general revenue, and failing that if necessary from the sale proceeds of the property known as 31 Shepherd Street, LIVERPOOL which sale proceeds, subject to the terms of CONF 02 of 25 November 2015, are to be hypothecated pending the implementation of this motion.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadchiti

 

That Council:

 

1.    Notes the resolution of DPG 02 from the November 2015 Council meeting.

 

2.    Continues the policy of reinvesting money from the sale of assets into other assets.

 

3.    Consider funds from the 2016/2017 budget for embellishment.

 

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 

Clr Hadchiti asked that he be recorded as voting for the motion (moved by Clr Mamone).

 

Clr Harle, Clr Shelton and Clr Waller asked that they be recorded as voting against the motion (moved by Clr Mamone).

 


17

 

Independent Hearing and Assessment Panel Report

 

 

ITEM NO:      IHAP 01

FILE NO:        302245.2015

SUBJECT:     DA-237/2015 - Demolition of the existing buildings and construction of an eight (8) storey mixed use development comprising of ground floor commercial space, 58 residential units with associated car parking at 402 Macquarie Street and 190 Terminus Street, Liverpool

 

RECOMMENDATION

 

That Council approves DA-237/2015 subject to the recommended conditions of consent attached to the Council officers IHAP report (Attachment 2) with the addition of Condition 32A (unexpected asbestos finds protocol), Condition 101A (amendments to landscaping plan), and Conditions 107A and 121 (restrictions on hanging washing on balconies).

 

New recommended Condition 32A to read:

Prior to works commencing, an Unexpected Asbestos Finds Protocol shall be developed and submitted to the Principal Certifying Authority for approval.  This protocol is to provide guidance in accordance with relevant EPA and Work Cover guidelines should isolated asbestos containing materials be found during excavation, earthworks or demolition

 

New recommended condition 101A to read:

Prior to the issue of any occupation certificate, the PCA must be satisfied that an additional six small shrubs (compared to that shown on the approved landscape plan in Condition 1(b) (such as magnolia little gem) that will attain a height of a minimum of four metres, are planted in the rear planter area.

 

New recommended condition 107A to read:

Prior to the issue of any Occupation Certificate, the following restriction as to user must be registered on the title of the property:

 

“The hanging of washing, including any clothing, towels, bedding or other article of a similar type on any balcony is not to be visible from any street.”

 

The restriction as to user may not be extinguished or altered except with the consent of Liverpool City Council.

 

New recommended condition 121 to read:

The hanging of washing, including any clothing, towels, bedding or other article of a similar type on any balcony is not to be visible from any street.

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council approves DA-237/2015 subject to the recommended conditions of consent attached to the Council officers IHAP report (Attachment 2) with the addition of Condition 32A (unexpected asbestos finds protocol), Condition 101A (amendments to landscaping plan), Conditions 107A and 121 (restrictions on hanging washing on balconies) and changes to conditions 13 and 32 as shown below:

 

New recommended Condition 32A to read:

Prior to works commencing, an Unexpected Asbestos Finds Protocol shall be developed and submitted to the Principal Certifying Authority for approval.  This protocol is to provide guidance in accordance with relevant EPA and Work Cover guidelines should isolated asbestos containing materials be found during excavation, earthworks or demolition

 

New recommended condition 101A to read:

Prior to the issue of any occupation certificate, the PCA must be satisfied that an additional six small shrubs (compared to that shown on the approved landscape plan in Condition 1(b) (such as magnolia little gem) that will attain a height of a minimum of four metres, are planted in the rear planter area.

 

New recommended condition 107A to read:

Prior to the issue of any Occupation Certificate, the following restriction as to user must be registered on the title of the property:

 

“The hanging of washing, including any clothing, towels, bedding or other article of a similar type on any balcony is not to be visible from any street.”

 

The restriction as to user may not be extinguished or altered except with the consent of Liverpool City Council.

 

New recommended condition 121 to read:

The hanging of washing, including any clothing, towels, bedding or other article of a similar type on any balcony is not to be visible from any street.

 

Condition 13 to be amended to reads as follows:

Periphery Type/ Core Type paving shall be installed along the entire Terminus and Carey Street frontages, as part of this development. Footpath paving and Landscaping works shall be strictly in accordance with the Revision of the Liverpool CBD Streetscape and Paving Guidelines 2005 – implementation Note 12:2015.

 

Detailed plans are required to be submitted to and approved by Council showing the proposed tree locations, species and planting sizes, paving location and layout, including references to the relevant details and specifications as contained in the abovementioned document.

 

Street tree planting size, quantity and quality throughout the Liverpool CBD, is to be approved by Council’s Manager Development Assessment prior to the issue of any CC.

 

A Section 138 Roads Act Approval for all works within Council’s road reserve will be required.

 

Condition 32 to be amended to read as follows:

An amended colour schedule demonstrating neutral colours on all facades and a more visually interesting treatment of the party wall on the north-eastern elevation is to be provided to the satisfaction of Council’s Manager Development Assessment, prior to the issue of any CC.

 

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 Shelton

 

Vote against:                         Clr Waller

 

 

MOTION TO BRING ITEMS FORWARD

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That items DPG 04, DPG 05, DPG 06, DBI 02, DPG 08, CONF 04, CONF 13 and CONF 15 be  brought forward and dealt with now.

 

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


17

ITEM NO:      DPG 04

FILE NO:        303040.2015

SUBJECT:     Bathurst Street Car Park Extension

 

RECOMMENDATION

 

That Council:

 

1.       Notes the information contained in this report.

 

2.       Allocates funding for the Bathurst Street Car Park extension in the 2016/17 budget, an amount of $75,000.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Harle

 

That Council:

 

1.    Notes the information contained in this report.

 

2.    Allocates funding for the Bathurst Street Car Park extension in the 2016/17 budget, an amount of $75,000.

 

3.    Ensure there are disabled parking spaces at both ends of the carpark.

 

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

 


19

ITEM NO:      DPG 05

FILE NO:        304855.2015

SUBJECT:     Amendment 51 to LLEP 2008 - Proposal to rezone 148 George Street, 26-28 Elizabeth Street and 133 Bigge Street from B3 Commercial Core to B4 Mixed Use

 

RECOMMENDATION

 

That Council:

 

1.   Approve the making of Draft Liverpool Local Environmental Plan (LLEP) 2008 (Amendment 51).

 

2.   Request that the Secretary of the Department of Planning and Environment make Draft LLEP 2008 (Amendment 51) pursuant to Section 59 of the Environmental Planning and Assessment Act.

 

3.   Note that any subsequent development application for the redevelopment of the subject site shall be assessed against the requirements of Clause 5.10 and Clause 7.5 of LLEP 2008 to assess the impacts of any proposed development on Bigge Park.

 

4.   Note that a Heritage Impact Statement (HIS) must be lodged with any subsequent development application for the redevelopment of the subject site. The HIS should assess the significance of buildings on site; as well as address the Conservation Criteria outlined in Section 7.1 Heritage Items and Conservation Areas in Part 4, of the Liverpool DCP 2008, together with the policies of the Bigge Park Conservation Management Plan (CMP). The HIS should include detailed mitigation measures to offset the impacts the development may have on the site’s heritage values. An archival photographic recording of the remnant timber cottage located on 26-28 Elizabeth Street (including a history of the house) should be lodged with any subsequent development application that entails the demolition of the building.

 

5.   Note that a development application for the subject site involving the disturbance or excavation of land that is likely to contain archaeological remains, will require appropriate approval from the Heritage Council pursuant to the Heritage Act 1977.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

 

 

Vote against:                         Clr Shelton

                                                Clr Waller


21

ITEM NO:      DPG 06

FILE NO:        304869.2015

SUBJECT:     Application to amend LLEP  2008 to permit 'shops' up to a maximum GFA of 21,000sqm at 10 Orange Grove Road, Warwick Farm (Orange Grove MegaCenta)

 

RECOMMENDATION

 

That Council:

 

1.    Supports the Planning Proposal to amend Schedule 1 of LLEP2008 to permit ‘shops’ as an additional use up to a maximum GFA of 21,000m2 on 5 Orange Grove Road, Warwick Farm (Lot 101 DP104316 and part of Lot 23 DP1190437)

 

2.    Receives and agrees to the Voluntary Planning Agreement from the applicant to facilitate the road upgrade at the intersection of Viscount Place and Orange Grove Road prior to submission of the Planning Proposal for Gateway.

 

3.    Forwards the Planning Proposal to Department of Planning and Environment seeking Gateway pursuant to s.56 of the Environmental Planning and Assessment Act 1979.

 

COUNCIL DECISION

 

Motion:                                  Moved:  Clr Hadchiti            Seconded: Mayor Mannoun

 

That Council:

 

1.    Supports the Planning Proposal to amend Schedule 1 of LLEP2008 to permit ‘shops’ as an additional use up to a maximum GFA of 21,000m2 on 5 Orange Grove Road, Warwick Farm (Lot 101 DP104316 and part of Lot 23 DP1190437)

 

2.    Forwards the Planning Proposal to Department of Planning and Environment seeking Gateway pursuant to s.56 of the Environmental Planning and Assessment Act 1979.

 

3.    Delegates to the CEO to negotiate with the applicant regarding the proposed VPA subject to traffic modelling and improved pedestrian connectivity, with a separate report to be presented to Council for consideration.

 

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

 

Councillors voted unanimously for this motion.


21

ITEM NO:      DBI 02

FILE NO:        326360.2015

SUBJECT:     Independent Review - Internal Building Cleaning Services

 

RECOMMENDATION

 

That Council:

 

1.         Undertakes a competitive process to test the market and seek expressions of interest concerning the provision of Building Cleaning Services to achieve the level of savings and efficiencies outlined in this report.

 

2.         Following completion of the tender process, receives a report which outlines the options available, in order to make a definite decision as to how the service will be delivered in the future.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.    In consultation with the relevant Facilities Manager/s prepare a detailed scope of works whether daily, weekly or monthly that will be used as a basis for tender process.

 

2.    Undertakes a competitive process to test the market and seek tenders for the provision of Building Cleaning Services to achieve the level of savings and efficiencies outlined in this report.

 

3.    Provide the necessary resources for the Internal Building Cleaning Services (IBCS) to submit to the tender for the provisions of building cleaning services.

 

4.    Following completion of the tender process, receives a report which outlines the options available, in order to make a definite decision as to how the service will be delivered in the future.

 

5.    Note that no support will be given to forced redundancies for these positions.

 

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

 

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

 

 


23

ITEM NO:      DPG 08

FILE NO:        326354.2015

SUBJECT:     Planning Proposal for Middleton Grange Town Centre

 

RECOMMENDATION

 

That Council:

 

1.    Endorses in principle, the Planning Proposal to rezone land at 60-80 Southern Cross Avenue and 45-65 Hall Circuit, Middleton Grange.

 

2.    Supports increasing the reservation of land designated exclusively for a public purpose to 3,000m2 to reflect the intensification of uses and increased density within the Middleton Grange Town Centre as a result of this Planning Proposal.

 

3.    Delegates to the CEO the authority to approve the final Planning Proposal to administer this rezoning, for submission to the Department of Planning and Environment for Gateway.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Mamone

 

That Council:

 

1.    Endorses in principle, the Planning Proposal to rezone land at 60-80 Southern Cross Avenue and 45-65 Hall Circuit, Middleton Grange.

 

2.    Delegates to the CEO to negotiate with the proponent regarding increased open space to support the increased residential density, including the completion of a comprehensive Social Impact Assessment.

 

3.    Delegates to the CEO the authority to approve the final Planning Proposal to administer this rezoning, for submission to the Department of Planning and Environment for Gateway.

 

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

 

Councillors voted unanimously for this motion.

 


23

ITEM NO:      CONF 04

FILE NO:        313968.2015

SUBJECT:     Tender WT2494 - George Street and Northumberland Street Traffic Flow Changes

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council: 

1.    Accepts the Tender from Traffic Lights NSW Pty Ltd for Tender WT2494 – George and Northumberland Streets Traffic Flow Changes and associated electrical works at the GST exclusive price of $934,560 for both traffic signal and electrical portions.

2.    Makes public its decision regarding Tender WT2494 – George and Northumberland Streets Traffic Flow Changes.

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

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

 

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 Shelton

 

Vote against:                         Clr Waller


25

ITEM NO:      CONF 13

FILE NO:        323840.2015

SUBJECT:     WT2447 Liverpool Civic Place Project

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That Council: 

1.    Decline to accept any tenders.

2.    Pursuant to cl.178(3)(e) of the Local Government (General) Regulation 2005, delegate authority to the Chief Executive Officer to enter into direct negotiations with shortlisted tenderers Coronation Property Pty Ltd and St Hillier’s Property Pty Ltd and any other suitable parties with a view to settling an in-principle agreement with a successful party in relation to the subject matter of the Request for Tender, for the following reasons:

a.      The offers received do not, in Council’s view, satisfactorily address Council’s desired outcomes for the proposed Liverpool Civic Place Project as detailed in the Request for Tender document and are therefore not in a form capable of acceptance;

b.      The offers received from the shortlisted tenderers are, however, considered to be practical and reasonable proposals which include many elements of the Council’s desired outcomes and are capable of being revised to meet most, if not all Council’s desired outcomes.  Entering into negotiations with the selected tenderers is expected to permit additional flexibility in order to finalise the specific details of the design, construction, financial and contractual terms so as to permit one of the existing proposals to be adjusted to Council’s needs.

c.      It is considered that a revised tender process would not result in a better outcome, as the existing shortlisted offers have been selected for negotiations after completing a comprehensive and competitive EOI and tender process.

3.    Direct the Chief Executive Officer to provide a report to Council setting out the outcome of the negotiations with the shortlisted parties, and if applicable, the terms of the in-principle agreement for WT2447 Liverpool Civic Place Tender for consideration and approval by Council.

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.

 

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 Shelton

 

Vote against:                         Clr Waller

 


27

ITEM NO:      CONF 15

FILE NO:        327603.2015

SUBJECT:     Macquarie Street Mall Revitalisation - Risk Management Initiative

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That Council:

 

1.    Delegate authority to the Chief Executive Officer to engage with the lead contractor engaged in the construction of the Macquarie Street Mall revitalisation project, with a view to ensuring compliance with the established construction program.

 

2.    Delegate authority to the Chief Executive Officer to exercise any and all of Council’s rights under the contract with the lead contractor engaged in the construction of the Macquarie Street Mall revitalisation project, up to and including termination of the contract, if in his discretion it becomes necessary to do so.

 

3.    Delegate authority to the Chief Executive Officer to assume day-to-day control and management of the construction portion of the Macquarie Street Mall revitalisation, at his discretion, in the event it becomes necessary to do so.

 

4.    In the event the Chief Executive Officer assumes control of the construction, and in accordance with the emergency provisions of s.55(3)(k) of the Local Government Act, dispense with the need for a tender process for any required purchases of goods and/or services associated with delivering the construction of the Macquarie Street Mall revitalisation project as programed, for the following reasons:

 

a)    The Macquarie Street Mall has already been heavily excavated by the lead contractor, presenting a critical risk to the health and safety of the community if not controlled and managed through to the completion of the project.

b)    The open excavation has the capacity to fill with water and suffer damage in a significant storm or rain event, which could add to project costs and significantly delay project timelines.

c)    The Macquarie Street Mall services a large portion of the Liverpool population, as well as a vibrant retail and commercial community, all of whom will benefit from the completion of the revitalisation works as soon as possible.

 

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

 

Vote against:                         Clr Shelton

                                                Clr Waller


 

Mayor Mannoun called for a recess of Council at 7.18pm.

 

Mayor Mannoun reopened the meeting at 7.38pm. Clr Balloot did not return to the meeting after the recess.

 

 

ITEM NO:      IHAP 02

FILE NO:        312916.2015

SUBJECT:     DA-1014/2014 - Subdivision of proposed Residue Lot 53 (approved under Development Consent No. DA-961/2013) into four Torrens title residential lots including; earthworks, road and drainage construction at 320 Jardine Drive, Edmondson Park

 

RECOMMENDATION

 

That Council approves development application DA-1014/2014 subject to conditions of consent contained within the Council Officer’s IHAP report (see Attachment 2).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 


29

 

ITEM NO:      IHAP 03

FILE NO:        313410.2015

SUBJECT:     DA-376/2015 - Demolition of existing structures and subdivision of 2 Lots into 4 Torrens title lots and construction of a two storey dwelling on each lot at 79-81 Atkinson Street, Liverpool

 

RECOMMENDATION

 

That Council approves DA-376/2015 subject to the recommended conditions of consent contained within the Council Officer’s IHAP report (See Attachment 2).

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Vote for:                                Mayor Mannoun  

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

                                                Clr Shelton

 

Vote against:                         Clr Waller

 


29

 

ITEM NO:      IHAP 04

FILE NO:        315626.2015

SUBJECT:     DA-219/2015 - Subdivision of one lot into three Torrens title lots at 150 Heathcote Road, Hammondville.

 

RECOMMENDATION

 

That Council approves DA-219/2015 subject to the recommended conditions of consent contained within the Council Officer’s IHAP report (Attachment 1)

 

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.

 

Vote for:                                Mayor Mannoun

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

                                                Clr Waller

 

Vote against:                         Clr Shelton

 

 


31

 

Chief Executive Officer Report

 

ITEM NO:      CEO 01

FILE NO:        320443.2015

SUBJECT:     Corporate Sponsorships

 

RECOMMENDATION

 

That Council endorses the Financial Contributions Panel’s recommendations for the provision of $8,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $8,000 is endorsed, the remaining balance will be $NIL.

 

Applicant name

Amount

Bula Hibiscus Festival

$3,000 ex gst

Luddenham Show

$5,000 ex gst

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Mayor Mannoun

 

That Council endorses the provision of $10,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the amount of $10,000 is endorsed, the remaining balance will be $NIL.

 

Applicant name

Amount

Bula Hibiscus Festival

$5,000 ex gst

Luddenham Show

$5,000 ex gst

 

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

 

 


31

Clr Hadid left the Chambers at 7.40pm.

 

Business Improvement Report

 

ITEM NO:      DBI 01

FILE NO:        312694.2015

SUBJECT:     Investigation - Files Destroyed in Council Fire 2010

 

RECOMMENDATION

 

That Council notes the content of this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 


33

 

Clr Hadid returned to the Chambers at 7.41pm.

 

Chief Financial Officer

 

ITEM NO:      CFO 01

FILE NO:        306165.2015

SUBJECT:     Delegation of Authority by Council for the Christmas / New Year Recess

 

RECOMMENDATION

 

That Council:

 

1.   Subject to the restrictions set out in section 377 of the Local Government Act 1993, grant delegated authority to the Mayor and the Chief Executive Officer to determine matters reserved for the elected Council from 17 December 2015 until the first scheduled ordinary meeting of Council on 3 February 2016;

 

2.   Receive a report from the Chief Executive Officer about matters determined under this delegation at its meeting on 3 February 2016.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That Council:

 

1.   Subject to the restrictions set out in section 377 of the Local Government Act 1993, grant delegated authority to the Mayor and the Chief Executive Officer to determine matters reserved for the elected Council from 17 December 2015 until the first scheduled ordinary meeting of Council on 3 February 2016;

 

2.   Receive a report from the Chief Executive Officer about matters determined under this delegation at its meeting on 3 February 2016.

 

3.    Apply this delegation automatically during the Christmas/New Year recess in future.

 

4.    Keep Councillors abreast of any emergency situations that may arise.

 

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

 


33

 

ITEM NO:      CFO 02

FILE NO:        319600.2015

SUBJECT:     Investment Report November 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

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.

 

 


35

 

Community and Culture Report

 

ITEM NO:      DCC 01

FILE NO:        315939.2015

SUBJECT:     Closed Circuit Televison Network in Liverpool City Centre

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report; and

 

2.   Reviews the Public Safety Closed Circuit Television (CCTV) and Code of Practice and Standard Operating Procedure at its meeting in July 2016.

 

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.

 


35

Planning and Growth Report

 

ITEM NO:      DPG 01

FILE NO:        306174.2015

SUBJECT:     Proposed changes to Council committees

 

RECOMMENDATION

 

That Council:

 

1.   Receives and notes this report.

 

2.   Adopts the proposed changes to the processes of the No Intermodal Committee and amends the Committee charter to bring these changes into effect.

 

3.   Adopts the proposed changes to the processes of the Heritage Advisory Committee and amends the Committee charter to bring these changes into effect.

 

4.   Endorses the proposal to disband the Street Naming Committee and refers to the proposed draft Naming Convention Policy for a standardised process on making decisions on naming requests.

 

5.   Endorses the draft Naming Convention Policy to be placed on public exhibition and requests a further report following the exhibition period.

 

6.   Revokes the charter of the Street Naming Committee.

 

7.   Writes to the members of the Street Naming Committee to acknowledge their contribution.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded:Mayor Mannoun

 

That Council:

 

1.    Receives and notes this report.

 

2.    Amend the charter of the Street Naming Committee to hold all meetings electronically unless otherwise required.

 

3.    Adopts the proposed changes to the processes of the No Intermodal Committee and amends the Committee charter to bring these changes into effect.

 

4.    Adopts the following changes to the Heritage Committee:

a)    Keeps the name as is;

b)    Amend the frequency of meetings to quarterly, subject to confirmation two weeks prior to each meeting of agenda items requiring Committee discussion;

 

c)    Modify the membership of the Group to remove the Manager Strategic Planning; and

d)    Amend the Charter to bring these changes into effect.

 

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


37

 

ITEM NO:      DPG 02

FILE NO:        299558.2015

SUBJECT:     Animal Management Policy

 

RECOMMENDATION

 

That Council:

 

1.    Approve the attached reviewed Management Policy.

2.    Commence an education program for dealing with stray cats.

3.    Provide for hire cat traps on request for a fee.

 

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.

 


39

 

ITEM NO:      DPG 03

FILE NO:        299599.2015

SUBJECT:     Development Engineering Bonds Policy - Draft

 

RECOMMENDATION

 

It is recommended that Council:

1.   Note this report

2.   Adopts the Development Engineering Bonds Policy attached to this report

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded:Clr Mamone

 

That this item be deferred to the next Council meeting, after discussion at a Councillor Briefing session.

 

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

 


39

 

 

 

 

ITEM NO:      DPG 07

FILE NO:        317338.2015

SUBJECT:     Council submission on Western Sydney Airport at Badgerys Creek

 

RECOMMENDATION

 

That Council:

 

1.    Endorses this report and delegates to the CEO the authority to finalise and lodge a submission on behalf of Council on the Draft Airport Plan and Draft Environmental Impact Statement for the Western Sydney Airport at Badgerys Creek.

 

2.    Advocates for a working committee to be created which would facilitate collaboration between the Department of Infrastructure and Regional Development and the relevant state and local governments to ensure quality planning outcomes are achieved. 

 

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.

 

Councillors voted unanimously for this motion.

 


41

 

 

Committee Reports

 

ITEM NO:      CTTE 01

FILE NO:        309319.2015

SUBJECT:     Minutes of the Local Traffic Committee Meeting held on 11 November 2015

 

RECOMMENDATION

 

That Council:

 

1.  Receives and adopts the Minutes of the Local Traffic Committee Meeting held on 11 November 2015.

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That Council:

 

1.    Receives and adopts the Minutes of the Local Traffic Committee Meeting held on 11 November 2015.

 

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

 

3.    Consider using concrete speed bumps rather than the proposed rubber speed cushions when installing traffic calming devices on Bird Walton Avenue, Middleton Grange.

 

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

 


41

 

ITEM NO:      CTTE 02

FILE NO:        314281.2015

SUBJECT:     Environment Advisory Committee minutes of meeting held on 9 November 2015

 

RECOMMENDATION

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


43

 

ITEM NO:      CTTE 03

FILE NO:        315250.2015

SUBJECT:     Minutes of the Liverpool Youth Council Committee meeting held November 10, 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Liverpool Youth Council Meeting held on 10 November, 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 


43

 

ITEM NO:      CTTE 04

FILE NO:        316005.2015

SUBJECT:     Minutes of the Civic Advisory Committee Meeting held 24 November 2015

 

RECOMMENDATION

 

That Council receives and notes the minutes of the Civic Advisory Committee meeting held on 24 November 2015.

 

COUNCIL DECISION

 

Motion:                                   Moved: Mayor Mannoun     Seconded: Clr Hadchiti

 

That Council:

 

1.    Receives and notes the minutes of the Civic Advisory Committee meeting held on 24 November 2015.

 

2.    Reopen nominations to categories where no nominations were received (i.e.Sports Award and Small Business Award) and delegate to the CEO to award a winner in consultation with Councillors.

 

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


45

 

ITEM NO:      CTTE 05

FILE NO:        322906.2015

SUBJECT:     Planning and Development Committee Minutes of 2 December 2015

 

RECOMMENDATION

 

That Council:

 

1.    Receives and adopts the Minutes of the Planning and Development Committee Meeting held on 2 December 2015.

 

2.    Adopts the proposed changes to the Social Impact Assessment Policy to increase the threshold for Comprehensive Social Impact Assessment for residential flat buildings from 100 to 250 units.

 

3.    Adopts the recommendation to undertake an independent peer review of the Comprehensive Social Impact Assessment to be submitted by the applicant for DA-1060/2015, proposed Casula Hotel.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Mamone

 

That the recommendation be adopted.

 

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

 

 


45

 

Questions with Notice

 

ITEM NO:      QWN 01

FILE NO:        318776.2015

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

1.    Can I be provided with an update of the Bus Shelter programme.

 

2.    What is the current backlog?

 

3.    How many have been addressed from the back log?

 

4.    Are we on track to have no back log by 2017-18?

 

5.    Did negotiations with Ad-Shell conclude and what was that outcome?

 

6.    How many Bus shelters were provided in 2014-2015?

 

7.    Where were they?

 

8.    How many will be provided 2015-2016?

 

9.    Where will they be?

 

A response to these questions will be provided in the February 2016 Business Papers.

 

    


47

ITEM NO:      DCC 02

FILE NO:        299052.2015

SUBJECT:     Live Life Get Active Program Continuation

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes this report;

 

2.       Allocates $17,600 per year for two years in the draft budget for the continuation of the Live Life Get Active program in 2016-17 and 2017-18, with a comprehensive program evaluation to be prepared and reported to Council at the end of this term; and

 

3.       Continues to work with Live Life Get Active to identify opportunities for the program to expand to other areas across the Liverpool local government area and advises Council of any progress towards this goal (savings made within the Community Planning budget will provide bridging finance for the second half of the financial year to enable the program to operate uninterrupted).

 

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.

 

 


47

ITEM NO:      CONF 01

FILE NO:        310464.2015

SUBJECT:     Acquisition of part Lot A DP 391813, 9 Speed Street, Liverpool, for road purposes

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.   Approves the acquisition of part Lot A DP 391813, 9 Speed Street, Liverpool, containing an area of approximately 3 square metres for the price and terms outlined in the confidential attachment;

 

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

 

3.   Upon settlement of the acquisition, dedicates the portion of Lot A DP 391813, 9 Speed Street, Liverpool, being acquired as public road;

 

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

 

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

 

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

 


49

ITEM NO:      CONF 02

FILE NO:        310606.2015

SUBJECT:     Acquisition of Lot 39 DP 1160527 & Lot 39 DP 1167333, Swoffer Avenue, Middleton Grange, for drainage purposes

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Mamone

 

That Council:

 

1.   Agrees to instruct the Australian Property Institute to nominate a suitably qualified valuer to determine the compensation applicable for Council acquiring Lot 39 DP 1160527 & Lot 39 DP 1167333, Swoffer Avenue, Middleton Grange;

 

2.   Agrees to pay the compensation amount to the owners of Lot 39 DP 1160527 and Lot 39 DP 1167333, Swoffer Avenue, Middleton Grange, as determined by the Australian Property Institute nominated valuer;

 

3.   Upon settlement of the acquisition, classifies Lot 39 DP 1160527 and Lot 39 DP 1167333, Swoffer Avenue, Middleton Grange, as 'Community' land;

 

4.   Keeps confidential the attachment supplied under separate cover containing details of negotiations 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.

 

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

 


49

ITEM NO:      CONF 03

FILE NO:        311897.2015

SUBJECT:     Proposed easement for drainage purposes over Lot 236 DP 25142, 203 Memorial Avenue, Liverpool, known as 'Ireland Park'

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That Council:

 

1.   Grants an easement for drainage purposes over Lot 236 DP 25142, 203 Memorial Avenue, Liverpool, known as ‘Ireland Park’, as outlined in the confidential report;

 

2.   Keeps confidential the attachment supplied under separate cover containing the compensation amount 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.   Transfers the compensation amount into the General Property Reserve; and

 

4.   Authorises the relevant documentation necessary for the formalization of the easement to be signed under Power of Attorney by Council's delegated officer.

 

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

 


51

ITEM NO:      CONF 05

FILE NO:        315241.2015

SUBJECT:     Easement for an Electrical Switching Station and Underground Cables over Lot 515 in DP 235072 known as Hargrave Park in Warwick Farm

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

 

That Council:

 

1.    Grants easements for an electrical Switching Station and underground electricity cables over Lot 515 in Deposited Plan 235072, known as Hargrave Park, on the corner of the Hume Highway and Homepride Avenue in Warwick Farm, as outlined in this confidential Report.

 

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

 

3.    Authorises the relevant documentation necessary for the formalisation of the easement to be signed under Power of Attorney by Council’s delegated Officer.

 

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

 


51

ITEM NO:      CONF 06

FILE NO:        315205.2015

SUBJECT:     Tender WT2502 - Restoration Works at Aviation Road Basin, Elizabeth Hills

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That Council: 

 

1.    Accepts the Tender from Delaney Civil Pty Ltd for Tender WT2502 Restoration Works at Aviation Road Basin, Elizabeth Hills for the GST exclusive price of $359,492.47.

 

2.    Makes public its decision regarding Tender WT2502 Restoration Works at Aviation Road Basin, Elizabeth Hills.

 

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

 

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

 

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

 

Councillors voted unanimously for this motion.

 


53

ITEM NO:      CONF 07

FILE NO:        315821.2015

SUBJECT:     Proposed easements over Lot 101 DP 1143458, 306 Macquarie Street, Liverpool

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That Council:

 

1.   Grants the following easements over Lot 101 DP 1143458, 306 Macquarie Street, Liverpool, as outlined in the confidential attachment:

 

1.   Easement for support and shelter;

2.   Easement for services variable width;

3.   Right of access variable width;

4.   Easement for light and air;

5.   Right of carriageway 6 & 6.8 wide and variable;

6.   Easement for overhang 3 wide;

7.   Easement to drain water variable width;

8.   Easement for padmount substation 2.75 wide;

9.   Restriction on the use of land;

10. Easement for services 1 wide;

11. Easement for services 2 wide;

12. Easement for services 2 wide;

13. Easement for services 1 wide;

14. Easement for services 1 wide;

15. Easement to drain sewage over existing line of pipes;

16. Right of access 1.2 wide and variable;

17. Easement to drain water 1 wide.

 

2.   Keeps confidential the attachment supplied under separate cover containing the compensation amount 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 the relevant documentation necessary for the formalization of the easement to be signed under Power of Attorney by Council's delegated officer.

 

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

 

Councillors voted unanimously for this motion.

 


53

ITEM NO:      CONF 08

FILE NO:        316090.2015

SUBJECT:     Minutes of Civic Advisory Committee - 2016 Australia Day Awards

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

 

That Council:

 

1.    Endorse the recommended award recipients as proposed in this report.

 

2.    Keep the report and nominations containing the recommended award recipients confidential, pursuant to the provision of Section 10A(2)(a) of the Local Government Act 1993.

 

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

 


55

ITEM NO:      CONF 09

FILE NO:        319895.2015

SUBJECT:     Legal Affairs Report

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Hadid

 

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

 

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

 


55

ITEM NO:      CONF 10

FILE NO:        320992.2015

SUBJECT:     ST2481 Building and Grounds Cleaning Services

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council: 

1.    Accept the Tender from Solo Services Group (both A and B portions) as the primary contractor for Tender ST2481Building and Grounds Cleaning Services for an initial 3 year period contract term with the option of extending for a further 2 x 1 year periods  in accordance with their offered schedule of rates.

2.    Accepts the following Tenders as secondary contractors for the following portions:

a.    Portion A – CMC Property Services

b.    Portion B - Advanced National Services

3.    Makes public its decision regarding tender ST2481 Building and Grounds Cleaning Services.

4.    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.

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.

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

                                                Clr Shelton

 

Vote against:                         Clr Waller

 


57

ITEM NO:      CONF 11

FILE NO:        316513.2015

SUBJECT:     ST2515 - Signage Licence - Corner Wilson and Hoxton Park Road, Hinchinbrook

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

That Council: 

1.    Decline to accept any tenders;

2.    Pursuant to Clause 178(3)(e) of the Local Government (General) Regulation 2005, delegate authority to the Chief Executive Officer, or his nominee, to enter into direct negotiations with All 4 Fun Jumping Castles Pty Ltd for the following reasons:

a.    The offer received is considered value for money however the proposed licence period of five years is considered excessive and potentially restricts Council’s options for the future. Council is seeking authority to negotiate a revised reduced initial term with All 4 Fun Jumping Castles Pty Ltd.

b.    It is considered that a revised tender process would not result in a better outcome as the existing offers received are value for money options for Council’s consideration.

3.    Makes public its decision regarding tender ST2515 Signage Licence – Corner of Wilson and Hoxton Park Roads, Hinchinbrook;

4.    Notes that the Director Property and Commercial Development, following successful negotiations, will finalise all details and sign the ‘Letter of Acceptance’ giving it contractual effect, in accordance with delegated authority;

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

 

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

 


57

ITEM NO:      CONF 12

FILE NO:        322812.2015

SUBJECT:     Tender WT2496 - School of Arts External Works, Liverpool

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

 

That Council: 

 

1.  In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005, enters into negotiations, with reputable contractors with the view to entering into a contract for delivery of soft and hard landscaping to the forecourt of the School of Arts.

 

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

 

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

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

c)    Council’s own enquiries suggest that other feasible options exist, which would enable council to secure a suitable contractor for the timely delivery of the project.

 

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

 

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.

 

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

 

Vote for:                                Mayor Mannoun

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

                                                Clr Shelton

 

Vote against:                         Clr Waller

 


59

ITEM NO:      CONF 14

FILE NO:        314900.2015

SUBJECT:     Waste Management Audit and Process Review

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council receives and notes the report.

 

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

 


59

THE MEETING CLOSED AT 8.18pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     3 February 2016

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  16 December 2015. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.