MINUTES OF THE Ordinary Meeting

HELD ON 3 February 2016

 

 

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff, Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Gino Belsito, Director City Presentation

Mr Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

 

 

.

The meeting commenced at 6.11pm.

 

 

OPENING                               6.11pm

PRAYER                                The prayer of the Council will be read by Pastor John Keane from West Hoxton Community Church.

APOLOGIES                          Nil

 

CONDOLENCES

Mrs Judy Pack to be read by Mayor Mannoun

 

 

It was with great sadness that council was advised late last week of the passing of Mrs Judy Pack MLO. Judy was a dedicated historian for Liverpool and helped to preserve and display much of our history to the public.

 

Many of us would be hard pushed to think of a member of our community more respected and more dedicated than Judy with her hardworking enthusiasm for Liverpool’s history. Her work has been recognised time and time again in the NSW Parliament and with Australia day honours. We shall not soon forget her time here assisting council and our many historical societies. As president of the Liverpool and District Historical Society she was tireless in her efforts to ensure that the history of our city was maintained and accessible to all.

 

Judy served on a number of council committees being an integral member of the Heritage Advisory Committee ensuring that our city maintains a strong connection to the past. As Vice President and Secretary of the U3A she helped provide education and historical tours of Liverpool to our senior citizens. Her work with Rosebank Historical House was key to it being added to the State Heritage Register. In assisting the Liverpool Historical society preserving and creating a photo record of all their items she has left an invaluable database of our history available to everyone. I don’t think any of us here would know a person more passionate about Liverpool’s history and the importance of maintaining this link to our past. Her enthusiasm for what she did was infectious.

 

Her lifetime of work for Liverpool has left its mark on all who knew her. Many of council’s staff have been deeply saddened by her passing and their condolences are added to ours. Liverpool has lost a champion of the community and she will be dearly missed.

 

 

 

CONDOLENCES

 

Mrs Judy Pack - read by Councillor Shelton

 

 

Judy Pack in recent times will be remembered for her contributions to the City of Liverpool and District Historical Society which itself was established in 1959. Judy Pack came to hold the highest office in the Society, including that of President on multiple occasions, and it is primarily through my membership of the Historical Society that I came to know her. More broadly she was however also committed to all of the communities’ civic functions and was a regular attender and supporter, and for example also held executive positions with the Liverpool U3A, received in 2008 recognition in the form of an Officer of the Order of Liverpool award and on Australia Day 2015 she became Liverpool’s Senior Citizen of the year.

 

On all accounts she lead a full and active and fruitful and productive life, she was much loved by those who knew her. I am aware she was not without a sense of humour, and importantly and tellingly she remained active right till the last, and many people here met with her on Australia Day, last Tuesday week, only days prior to her passing.

 

I humbly extend my condolences to her family members, many of whom I have met, and know her spirit including her community spirit will live on in the people she has touched.

 

May she rest in peace.

 

 

Note: Condolences for Mrs Judy Pack were also given by Clr Mamone and Clr Waller.

 

 

RECOMMENDATION

 

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Waller

 

That Council writes to the family of Mrs Judy Pack MLO expressing our condolences for their loss.

 

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


 

Confirmation of Minutes

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Balloot

 

That the minutes of the Ordinary Meeting held on 16 December 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 Mamone declared a non-pecuniary, less than significant interest in the following item:

 

Item  CONF 02:         Acquisition of part of sixteen properties at Edmondson Park for the realignment of Croatia Avenue

 

Reason:                     Clr Mamone has a relative that has property listed in the area recommended for acquisition by Council.

 

Clr Mamone remained in the Chambers for the duration of the item.

 

 

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

 

Item CONF 06:          Tender RCL 2519 - Removal and disposal of special waste – asbestos waste

 

Reason:                     He does not know the person, however Clr Hadchiti advised that the surname of one of the office holders of the recommended tenderer is the same as his mother’s maiden name, so he believes he may be a distant relative.

 

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

 

 

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following item:

 

Item DCC 04:             Outcome of public exhibition of fees and charges for Council's Early Education and Care Centres

 

Reason:                     Mayor Mannoun’s two children have just started attending a Council owned and operated Child Care Centre.

 

Mayor Mannoun left the Chambers for the duration of the item.

 

 

 

 

Public Forum

Presentation – items not on agenda                     

Nil

Representation – items on agenda

 

1.      Ms Fiona Macnaught addressed Council on the following item:

 

NOMR 01 - Rescission of DBI 02 – Independent Building Cleaning Services from the Council meeting 16 December 2015

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That a two minute extension of time be given to Ms Fiona Macnaught.

 

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

 

2.    Mr David Milovanovic addressed Council on the following item:

 

NOM 02 – Contaminated fill at Serbian Cultural Club

 

Motion:                                   Moved: Clr Hadchiti             Seconded: Clr Mamone

 

That a two minute extension of time be given to Mr David Milovanovic.

 

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


 

 

Motion                                    Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council, as a matter of urgency, deal with the following two matters and move into Closed Session pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors), and s10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege to discuss:

 

·         DA 1060/2015 – Demolition of existing motel on site and the construction of a pub and associated at grade carparking at 467 Hume Highway, Casula. (Reason: s10A(2)(g))

 

·         Update on asbestos issue and effect on Council staff (Reason s10A(2)(a))

 

Mayor Mannoun accepted the motion as a matter of urgency.

 

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

 

 

The meeting moved into Closed Session at 6.41pm.

 

Motion                                    Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That Council move into Committee of the Whole to discuss the above two matters.

 

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

 

 

Clr Mamone left the Chambers at 7.06pm.

 

Discussion of DA 1060/2015 – Demolition of existing motel on site and the construction of a pub and associated at grade carparking at 467 Hume Highway, Casula.

 

Motion                                    Moved: Clr Hadchiti             Seconded: Clr Harle

 

That Council:

 

1.    Provide the financial resources necessary to ensure that a vigorous case is mounted in the best interests of the community.

 

2.    Not delegate to any officer the power to reach agreement of consent other than for

procedural matters.

 

3.    Liaise and involve the confirmed experts by the action group.

 

4.    Councillors be kept up to date on the progress.

 

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

 

Councillors voted unanimously for this motion.

 

 

Clr Mamone returned to the Chambers at 7.19pm.

 

Clr Balloot left the Chambers at 7.32pm.

 

Clr Balloot returned to the Chambers at 7.34pm.

 

Clr Karnib left the Chambers at 7.37pm.

 

Clr Karnib returned to the Chambers at 7.40pm.

 

Mayor Mannoun left the Chambers at 7.41pm and the Deputy Mayor, Clr Hadchiti took the Chair.

 

Mayor Mannoun returned to the Chambers at 7.42pm. 

 

 

Update on asbestos issue and effect on Council staff

 

Motion                                    Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council receive and note the verbal report given by the CEO and an update be provided at the next Council meeting.

 

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

 

 

Motion                                    Moved: Clr Mannoun           Seconded: Clr Hadchiti

 

That Council move back into Open Session and out of Committee of the Whole.

 

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

 

 

Council moved back into Open Session at 7.45pm.

 

Mayor Mannoun read the two resolutions relating to the two matters which were adopted by Council during Closed Session.

 

Mayoral Report

 

ITEM NO:      MAYOR 01

FILE NO:        026141.2016

SUBJECT:     Unprecedented Storms of December and January

 

 

Over the past two months Sydney experienced some of the worst summer storms on record. These storms caused massive damage across all areas of Sydney from coastal areas such as Kurnell to our own homes in the South West. What we were left with seemed like a monumental task to repair and restore our city to a working order.

 

Many residents and businesses owe a huge thank you to the volunteers of the NSW SES who went out into the storms at their worst to save lives and property. A special thank you is also extended to the council outdoor maintenance crews who have worked tirelessly in the removal of storm debris from our streets.

 

These storms have caused an unprecedented level of damage across a wide part of the LGA. Council crews will continue their work and will ensure that all affected areas are cleared of storm litter as soon as possible. Already a large portion of the clean up has already been completed and those areas remaining will be seen to as quickly as possible. The Liverpool community has shown its strength in this time of adversity and council will maintain its duty of providing the best possible service to the people of Liverpool in their times of need.

 

RECOMMENDATION

 

That Council:

 

1.   Writes to the Liverpool SES Unit and Sydney Southern Region Command thanking them for their hard effort over the past months repairing damaged properties and clearing storm debris.

 

2.   Thanks Council outdoor maintenance staff for their continued efforts in providing timely assistance to areas that have been worst affected.

 

3.   Renews its commitment to help provide a new or improved headquarters for the Liverpool SES.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

11

 

 

ITEM NO:      MAYOR 02

FILE NO:        026149.2016

SUBJECT:     Harmony and Multiculturalism on Australia Day

 

 

Liverpool joined the rest of the nation on January 26 in joyously celebrating Australia Day and reflecting on the privileges and freedoms we enjoy that are unequalled anywhere in the world.

 

Australia Day is a welcome chance for us to reflect on what makes our nation unique – our tolerance, our values, our sense of fair play and our commitment to being a united multicultural community as we move deeper into the 21st century.

 

Our ways of celebrating Australia Day are as varied as the nations that make up the colourful fabric of our country under one flag.

 

With barbeques, the beach, the harbour and sporting events we saluted the rich history of the past, enjoyed the present and looked forward to the future

 

In Liverpool we recognise the talent and enterprise we have gained from embracing multiculturalism.

 

For me it was a great Australia Day honour to welcome 32 new citizens who took the oath of allegiance in front of 30,000 people during the Council’s celebrations at Woodward Park.

 

It was inspiring to see our community embrace these new citizens.

 

Their backgrounds didn’t matter. Nor did their religion or culture.  On Australia Day we extended a welcoming hand to join us as equals in our wonderful country.

 

Sadly we sometimes see bigotry and hear speeches designed to divide us along racial and religious lines. This has to stop.

 

It is not the ways things are done in Australia by Australians.

 

And it is not – and will not – be the way things are done in this council.

 

As councillors, we must commit ourselves to taking a stand against anyone seeking to cause racial dissension.

 

I call on councillors to condemn as un-Australian any behaviour or words designed to create ill-feeling and inflame racial feelings.

 

 

RECOMMENDATION

 

That Council:

 

1.   Recognises with great pride the diversity and harmony that exists in Liverpool between so many different cultures.

 

2.   Congratulates the 30,000 strong crowd that enjoyed Australia Day at Woodward Park and behaved in an exemplary manner.

 

3.   Congratulates our staff for the wonderful celebrations enjoyed by our community.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun                                 

 

That Council:

 

1.   Recognises with great pride the diversity and harmony that exists in Liverpool between so many different cultures.

 

2.   Congratulates the 30,000 strong crowd that enjoyed Australia Day at Woodward Park and behaved in an exemplary manner.

 

3.    Congratulates our staff for the wonderful celebrations enjoyed by our community.

 

4.    Write to our Australia Day Ambassador, Dr Jamal Rifi to thank him for his participation.

 

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

 

13

ITEM NO:      MAYOR 03

FILE NO:        029466.2016

SUBJECT:     PAC Meetings

 

 

On Monday February 1st the Planning and Assessment Commission held its so called community consultation meeting in Bankstown about the Moorebank Intermodal.

 

Many residents displayed outrage given the location of this meeting was so far from the homes that will be immediately affected by the development.

 

I would like to praise those who did take the time to travel out and represent their community.

 

The massive traffic and pollution ramifications that the Moorebank Intermodal will bring would mean the process that has surrounded its approval would appear disingenuous to the concerns raised by residents. Community action groups are now seriously concerned if the voices of residents are being ignored for the sake of this old and outdated proposal.

 

Many residents also expressed concern that their complaints to the PAC were not permitted to made public due to a recording restriction placed over the meeting. The forum was for the community yet its contents were supressed. This concern was also expressed by members of the Sydney media.

 

Given the PAC was unable to find an appropriate and affordable location within the 305 square kilometres of the Liverpool LGA, council should make available its many community venues for use by the PAC at a reasonable rate.

 

Developments such as the Moorebank Intermodal and Concrete Recyclers cannot be blindly approved without the consent of residents who it will affect. These meetings must be accessible to all those concerned and provide an open forum to all who wish to speak. Our community should not have to accept anything less.

 

RECOMMENDATION

 

That Council:

 

1.   Write to the PAC and Department of Planning expressing our disappointment with the venues noting Liverpool is 305 km2.

 

2.   Offer to the PAC for any future meetings regarding proposals in the Liverpool LGA, any venue owned by Council at a suitable cost to which they think is appropriate and notes that CEO has delegation to negotiate such costs.

 

3.   Reaffirms its position strongly opposing the development of the Moorebank Intermodal.

 

4.   Write to the PAC and the Minister for Planning stating that for reasons of transparency, future proceedings be recorded by the PAC and made available to the public.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That Council:

 

1.   Write to the PAC and Department of Planning expressing our disappointment with the venues noting Liverpool is 305 km2.

 

2.   Offer to the PAC for any future meetings regarding proposals in the Liverpool LGA, any venue owned by Council at a suitable cost to which they think is appropriate and notes that CEO has delegation to negotiate such costs.

 

3.   Reaffirms its position strongly opposing the development of the Moorebank Intermodal.

 

4.    Write to the PAC and the Minister for Planning stating that for reasons of transparency, future proceedings be recorded by the PAC and made available to the public.

 

5.    Write to the Members of Parliament, Mr Craig Kelly and Ms Melanie Gibbons, who made representations at the PAC meeting to thank them for their contribution.

 

6.    Express our significant concern to the Minister for Planning and the responsible Federal Minister about: 

 

·         The timing of the meeting being held at 10am.

·         The location of the meeting being outside of the LGA.

·         The short notice of the meeting and it being given during the summer school holiday period.

·         The meeting being on the first week of the school year.

·         Note that the Chair of the PAC claimed to be unable to find a suitable and affordable venue in the Liverpool LGA to hold the meeting.

 

7.    Thank the members of the public at the PAC meeting for their high quality presentations and for their efforts in attending the meeting on a Monday morning. 

 

8.    Write to the NSW Premier regarding his comments to the media in relation to his preferred location for the Intermodal.

 

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

13

 

ITEM NO:      MAYOR 04

FILE NO:        029525.2016

SUBJECT:     Peter Gillam Australian Police Medal

 

 

It was a great pleasure to see Liverpool’s very own; Superintendent Peter Gillam APM to be one of 9 distinguished police officers awarded the Australian Police Medal this Australia Day. The Australian Police Medal is only presented to one in every thousand officers on the NSW Police Force and is reserved for the most distinguished officers who have exemplified themselves in their career.

 

Superintendent Gillam APM has served in the police for over 38 years dedicated to the protection of witnesses and the public in tactical response situations and police negotiations.

 

A true local growing up in Green Valley and station commander at Liverpool we are honoured by his presence here demonstrating the best of NSW policing.

 

RECOMMENDATION

 

That Council congratulates Superintendent Peter Gillam APM for his 38 years of service to the Liverpool community and for receiving the Australian Police Medal.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun

 

That the recommendation be adopted.

 

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

 

 

15

 

Notices of Motion Of Rescission

 

Clr Karnib left the Chambers at 8.10pm.

 

Clr Karnib returned to the Chambers at 8.22pm.

 

Clr Mamone left the Chambers at 8.44pm.

 

Clr Mamone returned to the Chambers at 8.47pm.

 

ITEM NO:      NOMR 01

FILE NO:        012637.2016

SUBJECT:     Rescission of DBI 02 – Independent Building Cleaning Services from the Council meeting 16 December 2015

 

NOTICE OF MOTION OF RESCISSION

 

That Council rescinds the resolution relating to DBI 02 from the Council Meeting 16 December 2015, as shown below:

 

“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.”

 

 

Signed:

Clr Sabrina Mamone

Clr Peter Ristevski

Clr Wendy Waller

Motion of Urgency – Vote of No Confidence

 

During consideration of the above Rescission Motion, Clr Ristevski moved a Motion of Urgency as follows:

 

Motion                                    Moved: Clr Ristevski

 

That there be a vote of no confidence in the CEO and the Mayor on the grounds of their inability to lead a harmonious workplace with the best interests of ratepayers and employees in mind and the mismanagement of the asbestos issue and the Macquarie Street Mall redevelopment.

 

Mayor Mannoun ruled that the motion proposed to be discussed was not of great urgency and would not be considered at this meeting.

 

Clr Ristevski then moved a Motion of Dissent against the Mayor’s ruling.

 

On being put to the meeting the Motion of Dissent was declared CARRIED.

 

Discussion regarding the Motion of Urgency continued after the Rescission Motion was discussed and voted on.

 

Rescission Motion – Continuation of NOMR 01

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Shelton

 

That the Rescission Motion be adopted.

 

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

 

Note: This therefore meant that the Council resolution in relation to DBI 02 from the Council Meeting held on 16 December 2015 was rescinded.

 

 

Alternate Motion was then moved (by Clr Stanley)

 

Motion                                    Moved: Clr Stanley               Seconded: Clr Shelton

 

That Council

 

1.      Does not tender cleaning services that are currently completed by in-house Council employees.

 

2.      Supports in-house cleaners by defining and resourcing a supervisory role, and roles and expectations of staff.

 

3.      Ensure in-house cleaners are adequately resourced to complete tasks by increasing roster hours implementing overtime if required.

 

4.      Enhance the role of the in-house cleaners by extending duties.

 

5.      Implements the recommendations of the Crowe Howarth Report.

 

6.      Confirm the commitment that Councillors voted unanimously for the motion passed in August 2015 (as shown below):

 

“That:

 

1.   Council continue the tender process for only those Cleaning services currently covered by contractors.

 

2.   Council Review the work which is currently completed by staff cleaners. This review must meaningfully engage with staff and the union with the view to retain the services of the in-house cleaning crew, and identify process and practice to find improvements and take no longer than three months.

 

3.   Council recognise the integral role Council's in house cleaners provide in supporting the business as they provide a  time critical best practice work and safety support for all areas of Council's service provision.

 

4.   A resolution of Council is required before any tender is considered, advertised or put to the market place that would potentially outsource staff positions.

 

5.   A resolution of Council is required before a tender may be advertised or submitted for cleaning services currently undertaken by in house staff.”

 

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

 

Mayor Mannoun called a recess of Council at 8.58pm.

 

The meeting reopened at 9.26pm.

 

Note: Clr Mamone did not return to the Chambers when the meeting reopened.

 

 

Continuation of discussion of Motion of Urgency

 

Clr Ristevski proceeded to move the motion which he raised prior to the recess period.

 

The Mayor advised that in accordance with s10A(2)(a) of the Local Government Act 1993, the motion would need to be considered in Closed Session as it involves personnel matters concerning particular individuals other than Councillors.

 

Clr Ristevski disagreed and moved the following motion:

 

 

 

Motion                                    Moved: Clr Ristevski

 

That there be a vote of no confidence in the CEO and the Mayor on the grounds of their inability to lead a harmonious workplace with the best interests of ratepayers and employees in mind and the mismanagement of the asbestos issue and the Macquarie Street Mall redevelopment.

 

The Mayor sought advice from Council staff and they confirmed that the motion would need to be discussed in Closed Session.

 

The following motion was then moved:

 

Motion                                    Moved: Clr Waller                 Seconded: Clr Shelton

 

That the matter be dealt with in Closed Session in accordance with Section 10A(2)(a) of the Local Government Act 1993 as it involves personnel matters concerning particular individuals other than Councillors.

 

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

 

As the motion to deal with the matter in Closed Session was lost, the Mayor ruled that it is against the Local Government Act 1993 and Council’s Code of Meeting Practice to deal with the motion during Open Council session and as such the motion lapsed.

 

Clr Ristevski sought clarification on why the matter was to be considered confidential and the Director Corporate Services / Chief Financial Officer advised that the matter falls within the provision of s10A(2)(a) of the Local Government Act 1993 which is covered in Clause 57.2.1 of Council’s Code of Meeting Practice as it involves personnel matters concerning particular individuals other than Councillors.

 

The Mayor requested Clr Ristevski to withdraw the motion which identifies a staff member and declared it as an act of disorder and asked him to withdraw it as it contravenes s10A(2)(a) of the Local Government Act 1993.

 

Clr Ristevski questioned the ruling and disagreed with it. The Mayor then quoted clause 42.1 of Council’s Code of Meeting Practice, which states that:

 

42.1: A Councillor commits an act of disorder if the Councillor, at a meeting of Council        or a committee of Council:

 

42.1.1 Contravenes the Act or any regulation in force under the Act or contravenes this Code.

 

In accordance with clause 42.2.2 of Council’s Code of Meeting Practice, the Mayor asked Clr Ristevski to withdraw the Motion of Urgency.

 

Clr Ristevski then moved to move into Closed Session to deal with the item. The Mayor advised that that motion had already been voted on and was lost.

 

The Mayor once again asked Clr Ristevski for the final time to withdraw his motion as it contravenes the Code of Meeting Practice.

 

Clr Ristevski moved that it be dealt with in Closed Session.

 

In accordance with Clause 42.3 of Council’s Code of Meeting Practice (as shown below), the Mayor expelled Clr Ristevski from the meeting for the rest of the meeting.

 

42.3     A Councillor may, as provided by section 10 (4) (a) or (b) of the Act, be expelled from a meeting of Council for having failed to comply with a requirement under subclause (2). The expulsion of a Councillor from the meeting for that reason does not prevent any other action from being taken against the Councillor for the act of disorder concerned (cl 256 of the Regulation).

 

Clr Ristevski retired from the meeting at 9.36pm.

 

Clr Karnib retired from the meeting at 9.37pm.

19

 

Notices of Motion

 

ITEM NO:      NOM 01

FILE NO:        017396.2016

SUBJECT:     Collimore Truck Parking Area – Investigate Options

 

NOTICE OF MOTION

 

That Council investigates truck parking options at the dedicated truck parking area of Collimore Park. A report to be brought to Council for its April meeting addressing the following:

a.   Short term “free parking” for less than three consecutive days/nights, e.g. Interstate trucks and drivers using the area during weekdays and/or weekends.

b.   A 24/7 Paid Parking System via Parking Meters.

c.   Shared limited paid parking spaces via a negotiated contract/tender process.

d.   Combinations of the above.

e.   Other possibilities.

f.    Council to investigate placing CCTV in the area to assist with enforcing parking restrictions.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Stanley

 

That Council investigates truck parking options at the dedicated truck parking area of Collimore Park. A report to be brought to Council for its April meeting addressing the following:

 

a.    Short term “free parking” for less than three consecutive days/nights, e.g. Interstate trucks and drivers using the area during weekdays and/or weekends.

b.    A 24/7 Paid Parking System via Parking Meters.

c.    Shared limited paid parking spaces via a negotiated contract/tender process.

d.    Combinations of the above.

e.    Other possibilities.

f.     Council to investigate placing CCTV in the area to assist with enforcing parking restrictions.

g.      The capacity of the Collimore Street Carpark and use of the area for the private sale of cars.

 

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

21

 

ITEM NO:      NOM 02

FILE NO:        018184.2016

SUBJECT:     Contaminated fill at Serbian Cultural Club

 

NOTICE OF MOTION

 

That:

 

1.   The Serbian Club be advised as a matter of urgency the full details of the asbestos issue surrounding their Club. 

 

2.   Council as a matter of urgency conduct soil tests on the land owned by Council surrounding the Club as well as the Club's vacant land adjoining the Council land where asbestos has been found and contaminated. 

 

3.   Councillors be advised as a matter of urgency if the Serbian Club staff were advised of the contamination.

 

4.   Councillors be advised as a matter of urgency what programs have been put into place to test and monitor ratepayers and the Serbian Club staff. 

 

5.   That Councillors be advised as a matter of urgency has Workcover been advised of this issue

 

6.   The CEO advise of the likely, or potential, cost of remediation works that may be needed.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That:

 

1.    Council receive and note the CEO’s Comments to the Notice of Motion as shown below.

 

2.    The Serbian Club be advised of the results of the testing and air monitoring that was undertaken at the site.

 

3.    It be noted that the air monitoring has been undertaken and that the results have only been known to Council since the day before the Council meeting.

 

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

 

 

Chief Executive Officer Comments to the Notice Of Motion:

 

1.      The Serbian Club be advised as a matter of urgency the full details of the asbestos issue surrounding their Club. 

 

The Environmental Waste Audit prepared for the NSW Environment Protection Authority (EPA) dated October 2015 did not identify any asbestos on Stante Reserve. It required background information on a (large) stockpile of material with a volume of the order of 3000 cubic metres in the south east corner of the site.  It also identified numerous (smaller) piles of waste material located at the north-west corner of the site, adjoining Hall Circuit and Stante Close. Please refer to aerial map below.

 

 

The large stockpile was formed from material that was excavated during construction of the adjacent water detention basin and water quality control basins and is considered to be Virgin Excavated Natural Material (VENM).  This material has been stockpiled for use in the upgrading of the reserve.

 

The numerous piles of material are from illegal dumping (i.e. not from Council activities).  The material totals approximately 500 tonnes in total.  As described below, half of the material has already been waste classified and transported to a facility licenced to receive it.  The remaining material is in the process of being waste classified and will be removed by Friday, 5 February 2016.

 

In October 2015, Council was advised of an upcoming sewer main construction by Diona Civil Engineering Contractors (Diona), with construction going through half of the illegally dumped material.  Diona was working for Sydney Water. 

 

Council discussed the illegally dumped material with Diona and arranged for the relevant half to be waste classified and removed by Diona (at no cost to Council).  During the waste classification, Diona found that some of the material contained asbestos.

 

Council is aware of an email from Diona to the Serbian Club, dated 5 January 2016, advising them that the material that it had classified contained some asbestos and that they would be removing the material (i.e. half of the illegally dumped material) in mid-January 2016.  Subsequently, Diona removed 246 tonnes of waste and provided Council with copies of the relevant documents.

 

It is worth noting that the waste was located over 100 metres from the Serbian Club facility and although the waste contains asbestos, the asbestos is present in a bonded form and it is well documented by the EPA and WorkCover that ACM does not to represent a significant risk of harm to human health in this form.

 

2.      Council as a matter of urgency conduct soil tests on the land owned by Council surrounding the Club as well as the Club's vacant land adjoining the Council land where asbestos has been found and contaminated. 

 

Of the original 500 tonnes of illegally dumped waste, as at 27 January 2016, approximately 250 tonnes remains.  The material is located adjacent to where the sewer main is being installed and is within Diona’s work area.  The material is in the process of being waste classified with the view to removing it from the site by Friday 5 February 2016.

 

In response to the EPA environmental audit, an inspection of the ground surface of Council’s land was undertaken by Greencap on 19 January 2016.   Other than a few pieces of ACM (source unknown), no asbestos was identified on the ground surface.  The ACM will be removed on Friday 29 January 2016, following which an asbestos clearance certificate will be issued by Greencap.  No further investigation is considered necessary.

 

Council reiterates that although ACM contains asbestos, the asbestos is present in a bonded form and does not to represent a significant risk of harm to human health.

 

3.      Councillors be advised as a matter of urgency if the Serbian Club staff were advised of the contamination.

 

Diona duly advised the Serbian Club (and Council) of the presence of asbestos within the illegally dumped material as soon as they became aware of this. Council considers that Diona followed appropriate protocols in providing this information to the Club.

 

4.      Councillors be advised as a matter of urgency what programs have been put into place to test and monitor ratepayers and the Serbian Club staff. 

 

In view of the above information (1 & 2 above), Council does not consider that any such testing or monitoring are warranted.

 

5.      That Councillors be advised as a matter of urgency has Workcover been advised of this issue.

 

WorkCover has been duly advised.

 

6.      The CEO advise of the likely, or potential, cost of remediation works that may be needed.

 

The estimated cost of removing the remaining 250 tonnes of illegally dumped material is expected to be of the order of $50,000. The large stockpile is VENM (i.e. it is “clean” soil) and will be reused as part of future development of the sporting fields at Stante Reserve.

25

Chief Executive Officer Report

 

Clr Mamone returned to the Chambers at 9.50pm.

 

ITEM NO:      CEO 01

FILE NO:        320455.2015

SUBJECT:     Corporate Sponsorships

 

RECOMMENDATION

 

That Council endorses the Financial Contributions Panel’s recommendations for the provision of $6,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $6,000 is endorsed, the remaining balance will be $NIL.

 

Applicant name

Amount

Iraqi Australian University Graduates Forum

$3,000 ex gst

YMCA Leisure Centre

$3,000 ex gst

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council endorses the provision of $23,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $23,000 is endorsed, the remaining balance will be $NIL.

 

Applicant name

Amount

Iraqi Australian University Graduates Forum

$5,000 ex gst

YMCA Leisure Centre

$3,000 ex gst

Western Sydney Leadership Dialogue

$15,000 ex gst

 

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Stanley

 

That Council endorses 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

Iraqi Australian University Graduates Forum

$5,000 ex gst

YMCA Leisure Centre

$3,000 ex gst

 

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

27

 

Business Improvement Report

 

ITEM NO:      DBI 01

FILE NO:        322971.2015

SUBJECT:     Sale of land for unpaid rates – Lots 97-119 SP 79253, 10-16 Castlereagh St, Liverpool

 

RECOMMENDATION

 

That Council:

 

1.    That Council proceed to sell by public auction the land detailed in this report in accordance with the provisions of Division 5, sections 713-726 of the Local Government Act 1993, namely Lots 97-119 inclusive in SP 79253.

 

2.    Proceed to give notice of the date and time of the proposed auction being a date of not more than six (6) months and no less than three (3) months from when notice in the Government Gazette is given.

 

3.    That the proposed sales not proceed if the outstanding rates and charges are paid in full or a suitable arrangement is made prior to the auction.

 

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.

 

 

27

 

Chief Financial Officer

 

ITEM NO:      CFO 01

FILE NO:        003636.2016

SUBJECT:     Use of Delegation Over Christmas / New Year period

 

RECOMMENDATION

 

That Council:

 

1.   Receives this report and notes that the Mayor and Chief Executive Officer did not exercise delegated authority during the period 17 December 2015 and 3 February 2016.

 

2.   Notes that the Chief Executive Officer exercised his delegation in relation to appointing a winner of the Australia Day Sports Award and Small Business Award.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 

29

 

ITEM NO:      CFO 02

FILE NO:        004519.2016

SUBJECT:     Proposed changes to Australia Day Awards - Civic Awards Policy

 

RECOMMENDATION

 

That Council adopt the Civic Awards Policy attached to the report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

29

 

ITEM NO:      CFO 03

FILE NO:        005876.2016

SUBJECT:     Investment Report December 2015

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 

31

 

ITEM NO:      CFO 04

FILE NO:        005968.2016

SUBJECT:     Council Resolution

 

RECOMMENDATION

 

That Council:

 

1.   Amends the resolution to allow the option for redeployment opportunities and voluntary redundancy in accordance with the Award.

 

2.   Does not permit any forced redundancies for the life of the contract.

 

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

 

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.

 

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

 

 

31

 

Community and Culture Report

 

ITEM NO:      DCC 01

FILE NO:        007576.2016

SUBJECT:     Draft Graffiti Management Strategy 2016-2018

 

RECOMMENDATION

 

That Council:

 

1.   Places the draft Graffiti Management Strategy and Action Plan 2016-2018 on public exhibition for a period of 28 days inviting public submissions.

 

2.   Receives a further report on the Graffiti Management Strategy and Action Plan 2015-2018 following public exhibition.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

33

 

ITEM NO:      DCC 02

FILE NO:        006137.2016

SUBJECT:     Night Markets 2016

 

RECOMMENDATION

 

That Council endorses the changes to the night markets model to now be a quarterly event, beginning March 2016, to be held in the grounds of St Luke’s Church.

 

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.

 

33

 

ITEM NO:      DCC 03

FILE NO:        008217.2016

SUBJECT:     Liverpool Sporting Donations

 

RECOMMENDATION

 

That Council endorse the Financial Contribution Panel's recommendations for the provision of $700 (GST exclusive) under the Sporting Donations Program as summarised in the table below:

Applicant Details

Amount

Hugh Matthews

$100

James Matthews

$100

Tegan Lamond

$200

Thomas Searle

$100

Blake Jackson

$200

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

35

Mayor Mannoun left the Chambers at 9.59pm and the Deputy Mayor, Clr Hadchiti took the Chair. 

 

 

ITEM NO:      DCC 04

FILE NO:        009812.2016

SUBJECT:     Outcome of public exhibition of fees and charges for Council's Early Education and Care Centres

 

RECOMMENDATION

 

That Council:

 

1.       Approve the new fees and charges for all Early Education and Care Centres.

 

2.       Approve the creation of a Category D hire charge for the use of the Hinchinbrook Early Education and Care Centre meeting room.

 

3.       Amend the Statement of Revenue Pricing Policy (Fees and Charges) 2015-16 to bring these changes into effect.

 

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.

 

35

Mayor Mannoun returned to the Chambers at 10.00pm.

 

 

ITEM NO:      DCC 05

FILE NO:        011956.2016

SUBJECT:     Toda Exchange Program

 

RECOMMENDATION

 

That Council:

 

1.   Discontinue the Student Exchange to Toda in view of the ramifications of Working With Children checks as well as lack of tangible economic benefits;

 

2.   Continue to host students visiting from Toda for two days per year as has been done in the past; and

 

3.   Write to schools and to Toda to inform them of the decision by Council.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton                                 Seconded: Clr Hadid

 

That Council:

 

1.    Continue to host students visiting from Toda for two days per year as has been done in the past

 

2.    Officers will also continue to explore opportunities to develop and enhance the cultural relationship with Toda in ways that are mutually beneficial, noting this may include:

 

·         Arranging for a delegation from Council to attend Toda for their 50th anniversary.

 

·         Continuing to review and assess the level of secondary school interest over time.

 

3.    Mayor Mannoun, Clr Karnib, Clr Harle, Clr Hadchiti and Clr Waller or an alternate Councillor and the CEO or his representative be part of the delegation to the Toda 50th Anniversary celebrations.

 

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

37

 

ITEM NO:      DCC 06

FILE NO:        014542.2016

SUBJECT:     Multicultural Advisory Committee

 

RECOMMENDATION

 

That Council receives and notes the information in this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton                       Seconded: Clr Stanley

 

That Council receive and note the information contained in this report and further notes that no charter has ever been adopted for this committee and takes no further steps in this regard.

 

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

 

 

37

 

Committee Reports

 

ITEM NO:      CTTE 01

FILE NO:        322527.2015

SUBJECT:     Minutes of the Economic Development and Events Committee meeting  held 2 December 2015

 

RECOMMENDATION

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

39

 

ITEM NO:      CTTE 02

FILE NO:        328913.2015

SUBJECT:     Minutes of the Budget and Finance Committee held on 2 December 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Budget and Finance Committee Meeting held on 2 December 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

39

 

ITEM NO:      CTTE 03

FILE NO:        341508.2015

SUBJECT:     Minutes of the Heritage Advisory Committee meeting held on 7 December 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 7 December 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

41

 

ITEM NO:      CTTE 04

FILE NO:        006853.2016

SUBJECT:     Minutes of the Liverpool Youth Council Meeting held 8 December, 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Liverpool Youth Council Meeting held on 8 December, 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Chambers

41

 

ITEM NO:      CTTE 05

FILE NO:        008133.2016

SUBJECT:     Liverpool Sports Committee minutes of meeting 26 November 2015

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Liverpool Sports Committee meeting held on 26 November 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

43

 

ITEM NO:      CTTE 06

FILE NO:        011439.2016

SUBJECT:     Minutes of the Warwick Farm Steering Committee meeting held on 1 December 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Warwick Farm Steering Committee Meeting held on 1 December 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

43

 

ITEM NO:      CTTE 07

FILE NO:        013697.2016

SUBJECT:     Minutes of Building Our New City Committee meeting held 2 December 2015

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Building our New City Committee Meeting held on 2 December 2015.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hadchiti

 

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:        026255.2016

SUBJECT:     Question with Notice - Clr Ristevski

 

Please address the following:

 

Kurrajong Road Opening Community BBQ

 

1.      Why were halal sausages cooked before the pork sausages?

 

2.      Why were so many halal sausages ordered and so little pork sausages ordered?

 

3.      Who made this request? We're any Councillors involved in this decision making?

 

4.      How many pork sausages were ordered and how many halal sausages were ordered?

 

5.      How many halal sausages were left over and how many pork sausages were left over?

 

6.      Why did the CEO refuse to answer the above questions to community concerns via a Councillor request?

 

A response to these questions will be provided in the business papers for Council meeting 24 February 2016.

 

   


45

ITEM NO:      CONF 01

FILE NO:        004378.2016

SUBJECT:     ST2511 - Sale of Speed Street Car Park

 

RECOMMENDATION

 

That Council:

 

1.    Declines to accept any tender for ST2511 – Sale of Speed Street Car Park;

 

2.    Pursuant to section 178(3)(a) of the Local Government (General) Regulation 2005, cancels the proposal for the contract.

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Shelton

 

That the recommendation be adopted.

 

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

 

47

ITEM NO:      CONF 02

FILE NO:        004515.2016

SUBJECT:     Acquisition of part of sixteen properties at Edmondson Park for the realignment of Croatia Avenue

 

RECOMMENDATION

 

That Council:

 

1.   Proceeds with the compulsory acquisition of the below mentioned properties for road purposes:

 

·    Part Lot 29 DP 228850, 190 Croatia Avenue, Edmondson Park;

·    Part Lot 30 DP 228850, 200 Croatia Avenue, Edmondson Park;

·    Part Lot 31 DP 228850, 210 Croatia Avenue, Edmondson Park;

·    Part Lot 32 DP 228850, 212 Croatia Avenue, Edmondson Park;

·    Part Lot 30 DP 1197083, Lot 30 Croatia Avenue, Edmondson Park;

·    Part Lot 823 DP 1193391, 240 Croatia Avenue, Edmondson Park;

·    Part Lot 351 DP 1188138, 250 Croatia Avenue, Edmondson Park;

·    Part Lot 41 DP 228850, 260 Croatia Avenue, Edmondson Park;

·    Part Lot 42 DP 228850, 45 Croatia Avenue, Edmondson Park;

·    Part Lot 11 DP 228850, 50 Croatia Avenue, Edmondson Park;

·    Part Lot 10 DP 228850, 30 Croatia Avenue, Edmondson Park;

·    Part Lot 11 DP 1071175, 10 Croatia Avenue, Edmondson Park;

·    Part Lot 43 DP 228850, 245 Croatia Avenue, Edmondson Park;

·    Part Lot 44 DP 228850, 225 Croatia Avenue, Edmondson Park;

·    Part Lot 45 DP 228850, 215 Croatia Avenue, Edmondson Park; and

·    Part Lot 46 DP 228850, 165 Croatia Avenue, Edmondson Park.

 

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 and commence compulsory acquisition of the abovementioned properties in accordance with the  Land Acquisition (Just Terms Compensation) Act 1991;

 

3.   Authorizes the Director Property & Commercial Development and/or his nominee to negotiate with all the respective landowners, to acquire part of those lots required for road purposes, up to the amount contained in this confidential attachment, without having to submit a further report to Council for approval;

 

4.   Upon settlement of the acquisitions, dedicates all the properties being acquired as public road;

 

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

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

 

That the recommendation be adopted.

 

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

 

49

ITEM NO:      CONF 03

FILE NO:        009984.2016

SUBJECT:     Proposed disposal of Lot 8 DP 246745, 150 Heathcote Road, Hammondville

 

RECOMMENDATION

 

That Council:

 

1.    Agrees to sell Lot 8 DP 246745, 150 Heathcote Road, Hammondville, by placing the property on the open market for sale by way of public auction through a local real estate agent;

 

2.    Agrees to set the reserve price for the public auction as outlined in the confidential report;

 

3.    Authorises the Chief Executive Officer or his nominee to negotiate the sale of Lot 8 DP 246745, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

4.    Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;

 

5.    Transfers the proceeds of sale into the General Property Reserve; and

 

6.    Keeps confidential the details supplied in the confidential 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.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Waller                Seconded: Clr Stanley

 

That Council:

 

1.    Agrees to sell Lot 8 DP 246745, 150 Heathcote Road, Hammondville, by placing the property on the open market for sale by way of public auction through a local real estate agent;

 

2.    Agrees to set the reserve price for the public auction as outlined in the confidential report;

 

3.      Authorises the Chief Executive Officer or his nominee to negotiate the sale of Lot 8 DP 246745, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

 

4.    Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;

 

5.      Transfers the proceeds of sale into the General Property Reserve; and

 

6.      Keeps confidential the details supplied in the confidential 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.

 

7.      An amount of 20% of the proceeds go back into park upgrades.

 

8.      That the remaining 80% be used for community facilities.

 

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

51

ITEM NO:      CONF 04

FILE NO:        011371.2016

SUBJECT:     Tender WT2503 - External and Internal Buildings Works for the Soldiers' Memorial School of Arts at 306 Macquarie Street, Liverpool

 

RECOMMENDATION

 

That Council: 

 

1.    Accepts the Tender from Murphy’s Construction Group Pty Ltd for Tender WT2503 - External and Internal Building Works at the Soldiers Memorial, School of Arts at 306 Macquarie Street, Liverpool at the GST exclusive price of $286,164.

 

2.    Makes public its decision regarding Tender WT2503 – External and Internal Building Works at the Soldiers’ Memorial School of Arts at 306 Macquarie Street, Liverpool.

 

3.    Notes that the Director Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of draft minutes on the 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 Stanley              Seconded: Clr Waller

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

51

ITEM NO:      CONF 05

FILE NO:        012558.2016

SUBJECT:     Question with Notice - Clr Stanley

 

Please address the following:

 

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

 

In response to a significant demand for bus shelters, Council has developed a city wide priority program for the progressive installation of bus shelters. The bus shelter program aims to encourage the use of public transport by providing shelters that are functional, aesthetically pleasing and meet regulatory standards for mobility and access.

 

However, due to competing priorities and constrained budgets, only limited funding has historically been directed towards the provision of new bus shelters resulting in a backlog of 40 shelters as at 30 June 2014.

 

In response to increasing demand for shelters and in view of the above backlog, Council explored a range of options for the cost-effective procurement of bus shelters and these options are documented in Council Reports DIE01 of 24 September 2014 and CONF01 of 29 April 2015.

 

However, a public tender process conducted in December 2014 for the purpose of establishing a long term supply contract for bus shelters was unable to elicit a satisfactory outcome. Subsequently Council, at its meeting held on 29 April 2015, resolved to enter into negotiations with Adshel (under the terms of the existing contract between Liverpool and Adshel) for the supply of additional bus shelters to Liverpool.

 

I am pleased to advise that satisfactory arrangements are now in place for the supply of bus shelters to Liverpool.

 

2.    What is the current backlog?

 

As stated above, while there was a backlog of 40 shelters as at 30 June 2014, Council has since installed nine shelters in 2014 and a further ten are scheduled to be fully installed by May 2016. The cost effective supply arrangement with Adshel has enabled Council to accelerate its bus shelter construction program.

 

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

 

As above.

 

 

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

 

Subject to the availability of increased levels of funding, the original backlog is expected to be cleared by 2018. However, the expansion of new release areas will continue to create additional demand for public transport facilities including bus shelters.

 

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

 

The response to this question has not been included in the minutes as it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.

 

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

 

A total of nine bus shelters were provided between August and October 2014 covering the 2013/14 and 2014/15 program years.

 

7.    Where were they?

 

·         Heckenberg Rd, Sadleir - on the southern side at 87 Heckenberg Rd;

·         Leacocks Lane, Casula - on the western side approximately 45m west of Roberts Rd;

·         Flynn Avenue, Middleton Grange – on the northern side approximately 180m east of Kingsford Smith Avenue;

·         Hume Highway in front Caltex in Casula;

·         Cowpasture Road, Hinchinbrook - on the eastern side approximately 50m south of Collarenebri Rd;

·         Mannow Avenue, West Hoxton - on the southern side approximately 50m west of Tunnack Close;

·         Greenway Drive, West Hoxton - on the northern side approximately 70m west of Carmichael Drive;

·         Joshua Moore Drive, Horningsea Park - on the northern side approximately 45m east of Cowpasture Rd;  and

·         Hoxton Park Road, Hoxton Park - on the northern side approximately 50m east of Glen Innes Rd.

 

8.    How many will be provided 2015-2016?

 

Ten bus shelters are programmed to be installed in the 2015-16 program year.

 

9.    Where will they be?

 

·         Hinchinbrook Drive, Hinchinbrook– on the western side approximately 72m south of Keppel Circuit;

·         Nuwarra Road, Moorebank - on the eastern side approximately 95m south of Maddecks Avenue;

·         Cartwright Ave, Miller - on the western side approximately 30m north of Hoxton Park Road;

·         Nineteenth Avenue, Hoxton Park- on the northern side approximately 46m west of Wollomombi Way;

·         Dalmeny Drive, Prestons - on the western side approximately 80m south of Pambula Avenue;

·         Feodore Drive, Cecil Hills - on the western side approximately 20m south of Hanover Street;

·         Green Valley Road, Green Valley - on the southern side approximately 50m west of Starling Street;

·         Busby Road, Green Valley - on the north eastern side approximately 41m west of Guernsey Street;

·         Wroxham St, Prestons - on the southern side approximately 145m west of Bernera Road; and

·         Brickmakers Drive, Moorebank - on the northern side approximately 42m east of Nuwarra Road.

Motion:                                  Moved: Clr Stanley               Seconded: Clr Waller

 

That the entire report, except point 5 (which is confidential under 10A(2)(d)(ii) of the local government Act be published in the minutes.

 

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

 

55

ITEM NO:      CONF 06

FILE NO:        015688.2016

SUBJECT:     Tender RCL 2519 - Removal and disposal of special waste – asbestos waste

 

RECOMMENDATION

That Council: 

1.    Accept the Tender from the below listed contractors for Tender RCL2519 – Removal and disposal of special waste – asbestos waste for an initial one year contract term with the option of extending 1 x 12 months.

 

·    Affective Services Pty Ltd

·    Terra Civil Pty Ltd

·    Haines Bros Earthmoving Pty Ltd

·    Beasy Pty Ltd

·    Ronnie’s Demolitions Pty Ltd

 

2.    Makes public its decision regarding tender RCL2519 – Removal and disposal of special waste – asbestos waste.

 

3.    Notes that the Director will finalise all details and sign the Letter of Acceptance following publication of the 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 Stanley              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.

 

 

 

 

 

THE MEETING CLOSED AT 10.30pm.

 

 

<Signature>

Name: Ned Mannoun

Title:     Mayor

Date:     24 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  3 February 2016. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.