That the minutes of the Ordinary Meeting held on 3 February 2016 be confirmed as a true
record of that meeting.

ITEM NO:       Mayor 03

SUBJECT:     Cyclone Winston in Fiji

Liverpool Council extends its deepest sympathy to the people of Fiji for the heartbreak and devastation they suffered when a cyclone killed at least 29 people and destroyed  houses and villages last Saturday night.

Authorities say the winds from Tropical Cyclone Winston reached 296 kilometres an hour, uprooting trees, knocking out power and causing heavy flooding.

It would have been agonising for anyone trapped in such devastating circumstances.

Liverpool has a large Fijian population which makes the tragedy even sadder for us all.

People who are our neighbours and friends in Liverpool will have lost loved ones in the catastrophe or they will know someone whose house was swept away.

It is a time for us to come together as a community and offer whatever practical and compassionate assistance we can to those who have suffered so much.

Tropical Cyclone Winston is said to be the most powerful cyclone on record in the southern hemisphere.

Our thoughts and prayers are for the country and the population to make a quick recovery.

RECOMMENDATION

That Council:

1.      Expresses its deep condolences for the devastation and loss of life that has occurred in Fiji.

2.      Donates $5000 to the Red Cross Fijian cyclone appeal.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun                       

That the recommendation be adopted.

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

One minutes silence was then observed for the people that lost their lives as a result of the cyclone in Fiji.

Motion                                   Moved: Clr Ristevski           Seconded: Clr Stanley

1.    That Council move into a Confidential Session to discuss an urgent staff matter.

2.    That the public, all staff including the CEO leave the Chambers.

3.    Councillors remain in the Chamber with the Mayor and Clr Mamone to take the minutes to ensure consistency.

Mayor Mannoun advised that due notice had not been provided as required by Clause 16.1.1 of Council’s Code of Meeting Practice.

Motion                                   Moved: Clr Ristevski           Seconded: Clr Stanley

1.    That the CEO’s contract of employment and the CEO’s employment be terminated under Clause 10.3.5 and 11.3 of the contract of employment.

2.    That an appointment of a temporary CEO be made by Council.

3.    Recruitment of a new CEO begins immediately with a panel to include all Councillors.

4.    That the delegation of the Mayor as spokesman of Council to be removed due to no confidence in the Mayor. The Acting CEO will be the spokesman for Council but no major media announcements can be made without a resolution of Council to enable Councillors to be briefed.

5.    The Mayoral Column in the newspaper to be replaced with a Councillors column for Council and community events with each Councillor providing a column on a rotational basis.

6.    Mayoral Mobile Offices be referred to as Councillor mobile offices with any community announcements to come from the CEO.

Mayoral Minutes

ITEM NO:       Mayor 01

SUBJECT:     125 Years of the Luddenham Society

On the February 4^th 1891 the first ever meeting of the Luddenham AH & I Society was convened and created our much beloved Luddenham Show later that year. The Show demonstrates all the best of our agricultural heartland in the lead up to the Royal Sydney Easter Show with rodeo’s, produce and art displays and this year a jet car spectacle. It has come a long way from the original show heralded as the best inaugural show ever held in the then colony of New South Wales but none of the delights have suffered for its age.

The Luddenham Show has persisted through 112 of the society’s 125 years of existence, only halted by war and drought, to bring us grand displays of our country heritage. It is truly remarkable to still see the descendants of the pioneering families 125 years on taking an active role in the society and the organisation of the show. A special thanks is extended to the Adams, Roots and Willmington Families for their continued assistance over the years and in bringing together such a fantastic Luddenham Show enjoyed by all who attended.

RECOMMENDATION

That Council:

1.    Congratulates the Luddenham Agricultural, Horticultural & Industrial Society for their 125 years of serving the rural community of Liverpool and producing the Luddenham show.

2.    Writes to the Luddenham Society providing a copy of this minute in honour of their achievement.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.                                

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

ITEM NO:       Mayor 02

SUBJECT:     World’s Greatest Shave

On Sunday 13^th of March local resident Buffy McDonald shaved her head for The World’s Greatest Shave; an icon of solidarity and support for those we know and love who suffer from leukaemia. Every day 34 Australians are diagnosed with Blood Cancer, news that can be heart wrenching not only for the patient but for their friends and family who stand by them.

Buffy’s father John Eastwood was diagnosed with the blood disorder MDS, a leukaemia that inhibits the production of normal blood cells and it is to him that Buffy will dedicate her shave. Buffy and John work together at the local charity Young Adults Disabled Association (YADA) which John co-founded over 30 years ago. Despite his on-going condition he has pushed through and continued his work for the charity.

Buffy aims to raise $10 000 for the Leukaemia Foundation through her shave and has asked people to donate cakes for a sale on the day at the YADA offices in Liverpool. With council’s generosity we can help her reach that goal and help provide hope to those afflicted by a terrible disease.

RECOMMENDATION

That Council:

1.    Donates $1000 to Buffy McDonald’s World’s Greatest Shave event at 2pm, 13 March 2016 at the YADA office on 10 Anderson Ave Liverpool.

2.    Promotes the day on social media.

3.    Encourages the public to get involved in the World’s Greatest Shave through donations or shaving their hair.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.                       

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

NOTICE OF MOTION

That Council:

1.   Instigate a traffic study to assess the impact of approved and forecast developments in the Southern part of Liverpool for the streets and incidental traffic interactions of the streets.

2.   Identify a source of funds for the study.

3.   Present the results to the June 2016 Council meeting.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley                        Seconded: Clr Hadchiti

That Council:

1.    Ensures that streets listed in the background (included below) of this Notice of Motion are included in the current study being undertaken to ensure that all traffic impacts are taken into account.

2.    Bring the traffic report to council when completed.

3.    Work with the state government to ensure the traffic study relating to the Intermodal is included in the study.

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

BACKGROUND

There have been several high rise developments approved at the southern end of Liverpool which have the potential to increase traffic and cause further issues for CBD traffic. To further press Council case for funding for a grade separation at Hoxton Park road it is vital that we have updated modelling and information about traffic flows around Hoxton Park Road, Macquarie Street, Speed Street, Carey St, Hay St, Olive Street, Mill Road, Charles Street, Nagle Street Shepherd Street, Atkinson St, and River Park Drive and other associated streets in that area.

NOTICE OF MOTION

That Council:

1.   During the current LLEP revision that policy and process with targets are considered to protect trees when developing particularly large parcels of land.

2.   Provide Council with a report for the May 2016 Council meeting.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadchiti

That Council:

1.    During the current LLEP revision that policy and process with targets are considered to protect trees when developing particularly large parcels of land.

2.    Provide Council at the appropriate time in the LLEP review, a report as to how (1) can be achieved.

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

NOTICE OF MOTION

That Council development a policy that makes Council the one point of contact for residents when street trees are brought down in storms.

a)   Negotiate with our services providers to find a quick and efficient way to provide information to them.

b)   Provide a report to Council detailing changes to the policy for the May 2016 Council meeting

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Karnib

That the recommendation be adopted.

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

NOTICE OF MOTION

That:

1.   Council develop a formal policy to regulate the advertising via balloon and flag throughout the LGA to be tabled at the next council meeting.

2.   All enforcement action against Mr Maatouk cease as it is premature given that there is no balloon advertising policy in place.

3.   Council staff advise of which other businesses have been subjected to formal enforcement action besides Mr Maatouk.

4.   Council staff advise of the legal costs to date in enforcing action against Mr Maatouk.

5.   Council staff advise of the total man hours which have been allocated to enforcement action against Mr Maatouk.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley               Seconded: Clr Hadid

That Council note the comments of the CEO (included below) with a further confidential report to be brought back to the next Council meeting or the most appropriate time.

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

CHIEF EXECUTIVE OFFICER COMMENTS

CEO Comments to each point of the motion are found below:

1.    Council develop a formal policy to regulate the advertising via balloon and flag throughout the LGA to be tabled at the next council meeting.

There is no need to develop a policy as the installation of advertising structures (balloons, flags etc) is controlled under the Environmental Planning and Assessment Act . A council policy cannot override the Act.

2.    All enforcement action against Mr Maatouk cease as it is premature given that there is no balloon advertising policy in place.

Enforcement action was taken for non-compliance with the Environment Planning and Assessment Act as such Council policy is irrelevant (refer to comments above). At any rate the matter is before the courts and both respondents have already indicated that they do not dispute that the Complying Development Certificate is invalid. Therefore making the signage and balloon unauthorised.

3.    Council staff advise of which other businesses have been subjected to formal enforcement action besides Mr Maatouk.

There are seven other businesses given notices for similar offences.

4.    Council staff advise of the legal costs to date in enforcing action against Mr Maatouk.

$8871.77, however Council is pressing for an order that the respondents pay Council’s legal costs.

5.    Council staff advise of the total man hours which have been allocated to enforcement action against Mr Maatouk.

Compliance Officers have spent a total of 3 days.

NOTICE OF MOTION

That Council direct the Chief Executive Officer, on behalf of the Council, to write to the Premier of NSW, the Minister for Roads, Maritime and Freight, and the Minister for Local Government, outlining the issues associated with residents who do not maintain road verges, and seeking a statutory solution through suitable amendments to the Roads Act 1993 and/or the Local Government Act 1993.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Stanley

That Council:

1.    Direct the Chief Executive Officer, on behalf of the Council, to write to the Premier of NSW, the Minister for Roads, Maritime and Freight, and the Minister for Local Government, outlining the issues associated with residents who do not maintain road verges, and seeking a statutory solution through suitable amendments to the Roads Act 1993 and/or the Local Government Act 1993.

2.    Submit a motion regarding this matter to the LGNSW Association Conference.

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

NOTICE OF MOTION

That Council:

1.   Officers will reconnect with our sister city in Calabria to explore opportunities to develop and enhance the cultural relationship between the two cities in ways that are mutually beneficial, include arranging a delegation from Council to attend Calabria 

2.   Nominate four Councillor to visit the sister city in June.

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Ristevski

That:

1.    Council officers will reconnect with our sister city in Calabria to explore opportunities to develop and enhance the cultural relationship between the two cities in ways that are mutually beneficial, include arranging a delegation from Council to attend Calabria. 

2.      Airfare expenses for the Calabria Trip and the Toda trip (approved at the 3 February 2016 Council meeting) are to be paid by the Councillors attending.

3.      Any Councillor can nominate themselves to attend if they are willing to cover airfare expenses.

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Mayor Mannoun  

That this item be deferred until the next Council meeting.

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

Motion                                    Moved: Clr Stanley               Seconded: Clr Hadchiti

That Council:

That item DPG 01 be brought forward and dealt with now.

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

RECOMMENDATION

That Council:

1.       Reaffirms its opposition to the proposed rezoning of 1975-1985 Camden Valley Way from B6 – Enterprise Corridor to B2 – Local Centre, for the reasons outlined in its resolution on the matter adopted at its ordinary meeting of 17 June 2015.

2.       Writes to the Minister of Planning pursuant to Section 58(4) of the Environmental Planning and Assessment Act 1979 requesting that the Minister determine that the matter not proceed.

3.       Provides a copy of the final planning proposal for the proposed rezoning to the Department of Planning and Environment for their review as requested.

4.       Delegates to the CEO the authority to negotiate with the Department of Planning and Environment to amend the proposal as described in this report, should the Minister decide to proceed with the rezoning.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1.      Reaffirms its opposition to the proposed rezoning of 1975-1985 Camden Valley Way from B6 – Enterprise Corridor to B2 – Local Centre, for the reasons outlined in its resolution on the matter adopted at its ordinary meeting of 17 June 2015. The decision is based on Council’s Independent consult, Hill PDA and other matters, who in December 2014 undertook a peer review of the proposal and recommended that the planning proposal should be refused as it was contrary to Council’s adopted Retail Hierarchy Strategy. The proposal is not specifically included in any identified State or Regional strategic direction. The proposal is also contrary to the Draft Centres Policy that favours the strengthening and expansion of existing centres to accommodate market demand before creating a new centre or supporting out of centre retailing activity.

2.    Writes to the Minister of Planning pursuant to Section 58(4) of the Environmental Planning and Assessment Act 1979 requesting that the Minister determine that the matter not proceed.

3.      Provides a copy of the final planning proposal for the proposed rezoning to the Department of Planning and Environment for their review as requested.

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

Councillors voted unanimously for this motion.

NOTICE OF MOTION

That Council writes to the responsible member of the state government objecting on behalf of Liverpool residents to the proposed increase in OPAL fares which have been described in many quarters as discriminatory, and points out the economic harm as much causes to residents individually and attempts generally to promote Liverpool and its surrounds as a destination of preference for work, lifestyle and recreation.       

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

That Council:

1.    Writes to the responsible member of the state government objecting on behalf of Liverpool residents to the proposed increase in OPAL fares, as recommended by IPART which have been described in many quarters as discriminatory, and points out the economic harm as much causes to residents individually and attempts generally to promote Liverpool and its surrounds as a destination of preference for work, lifestyle and recreation.       

2.    Notes the comments of the CEO (included below).

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

CHIEF EXECUTIVE OFFICER COMMENTS

Liverpool is experiencing rapid growth and public transport plays a very important role is this expansion. Residents in the south-west currently endure traffic congestion in peak times on major roads in the area. Enhanced public transport options would encourage more people out of single vehicles journeys and onto public transport.

As an example, using the current Transport for NSW timetable and Opal fare calculator it takes at least 1 hour and 10 minutes to travel from Liverpool to Town Hall at approximately 8am for a cost of $6.46. Bus travel to the city is not a feasible option as this would take 2 or 3 buses and nearly 2 ½ hours. Liverpool residents are not getting decent services or value for money.

The IPART report into OPAL and public transport fares says they want ‘to create a fairer, more efficient and more integrated system for Opal card users.

In summary, the report proposes the following:

to increase fares over the next 3 years by the average annual before inflation of 1.8% for rail, to 3.3% for bus and light rail and 3.5% for ferries. Fares to come into effect on 1 July 2016.

An integrated fare structure for passengers needing to switch between trains, buses, ferries or light rail on the same journey. Instead of being charged twice or more when switching from one mode to another, the fare would be charged based on the distance from origin to final destination, so that most multi-mode passengers would pay 20% to 50% less for each journey.

·         To reduce the number of free trips enjoyed by some (users of more than 8 trips per week), so more passengers can access lower fares without further increasing the burden on taxpayers.

·         Increasing the off-peak discount on trains from 30% to 40%, meaning lower fares for more than 97% of off-peak rail customers. Currently 56% of all rail journeys are made in off-peak periods. Increasing the discount on off-peak fares would better reflect the lower costs of providing off-peak rail services and promote better use of spare capacity on the rail network.

·         Changing fare bands so that they are based on the straight-line distance from origin to destination for all modes, removing the anomaly that while bus and ferry passengers currently pay for distance travelled based on a straight line, train passengers pay according to track distance. This would lead to significant savings for some rail passengers.

·         Increasing the per kilometre rate so that fares for longer distance journeys would increase relative to those for shorter distance journeys. This would affect those travelling longer distances (bus fares more than 15km, and rail fare more than 65km), but IPART says long distance fares would still be lower than in 2009.

·         Setting the Gold Opal Card (pensioners or war widow card holders) cap at 40% of the concession fare ($3.60) in place of the current daily cap of $2.50, this has not increased since 2005. Seniors without a Pensioner or War Widow/ers Card would have an Opal Concession Card ($9 daily cap) rather than a Gold Opal Card.

·         Increasing the daily cap from $15 (Monday to Saturday) to $18 Monday to Friday, with the proposed lower $7.20 daily cap to apply on Saturdays and Sundays.

·         Pricing paper tickets at 40% more than Opal fares to reflect the costs involving two ticketing systems.

NOTICE OF MOTION

That Council liaises with stakeholders with a view toward identifying any linkages and themes which might be emphasized to connect and perhaps unify the next three ANZAC day commemorations, having regard to their historical significance, and further Council looks into identifying how it can contribute to as much.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Mamone

That council notes the comments of the CEO (included below).

CHIEF EXECUTIVE OFICER COMMENTS

The ANZAC 2015 commemoration was extremely successful with very positive responses from the community and from many stakeholders including the Australian War Memorial, the RSL and the military communities in Liverpool.

Annually, Council will continue to support financially and logistically the ANZAC Day Dawn Service held in Bigge Park. This is a moving and significant commemoration that is increasingly attended by our local community.

The Library and Museum have a range of exhibitions and activities proposed over the next few years to commemorate one hundred years of World War 1. These include:

·         Interactive talks by a re-enactment group on the equipment the soldiers had.

·         Performance by Jim Hayes, readings from letters, diaries etc.

·         Sydney Living Museums 'Gallipoli' exhibition - basically descendants stories, effects on families etc.

·         Photographic display of Liverpool during the war with an emphasis on the home front.

We will also look for other opportunities to draw attention to the many stories and experiences of World War 1. In particular, the story of our nurses remains extremely relevant and has not been explored in the depth of the stories of the soldiers.

The next most significant date that council should seriously consider commemorating is of course the hundred anniversary of Armistice Day in 2018. The Producer of those events and activities has proposed a range of possible commemorations that could be considered, including:

·         The staging of small, intimate programs and events for WWI commemorations at historically significant/heritage sites.

o   Storytelling Outdoor performances, eg. A re-staging of Last Post performance that Busby Public School students presented at the Home Front event at CPAC in 2015, or Through These Lines performance at Anzac Day event.

o   The finale to the ANZAC Day 2015 event which got washed out – horses in full dress, students from Amity College (Turkish) and the Last Post on the bugle.

·         Public displays

o   Paste-ups on walls throughout CBD – portraits and stories of local soldiers.

o   Large-scale mural on the wall of John Edmondson Memorial Club, the side wall facing Moore St

o   Re-staging of Anzac Projections for seven days, in the same location

o   Street banners

·         Large-scale Armistice Day event

A budget of approximately $120,000 would be required to deliver all of the above. It would also require a dedicated contract position as was done for the 2015 commemorations. Funding would need to be allocated in the 2017/18 and 2018/19 budgets; as these budgets are developed these ideas will be further considered internally and then provided to Councillors for consideration.

NOTICE OF MOTION

That Council investigates the feasibility of creating and promoting a space, presumably electronic, for the listing of events in the Liverpool LGA area whether they be council events, council sponsored events, or simply events taking place in the Liverpool LGA area.       

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

That Council notes the comments of the CEO (included below).

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

CHIEF EXECUTIVE OFFICER COMMENTS

Council will review current practices and opportunities for a city wide calendar of events and provide a report back to Council in April 2016.

NOTICE OF MOTION

That Council receive a verbal update relating to the ongoing asbestos issue.

COUNCIL DECISION

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Mamone

1.      That Council as a matter of urgency conducts 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.

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

3.      That Council donate $5,000 to the Serbian Saint Sava festival to be held at the Serbian Club at Hoxton Park next month to assist the Club with additional advertising.

4.      That Council move into Closed Session at the end of the Council meeting to receive a full update from the CEO.

Amendment:                         Moved: Clr Hadchiti             Seconded: Clr Balloot

1.      That Council as a matter of urgency conducts soil tests on the land owned by Council surrounding the Club.

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

3.      That Council donate $5,000 to the Serbian Saint Sava festival to be held at the Serbian Club at Hoxton Park next month to assist the Club with additional advertising.

4.      That Council move into Closed Session at the end of the Council meeting to receive a full update from the CEO.

5.      That Council receives a report regarding illegal dumping and asbestos in the LGA.

6.      That Council receive a verbal update relating to the ongoing asbestos issue.

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

The motion (moved by Clr Ristevski) was then voted on and on being put to the meeting was declared LOST.

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

RECOMMENDATION

That Council endorses the Financial Contributions Panel’s recommendations for the provision of $11,150 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $11,150 is endorsed, the remaining balance will be $NIL.

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

That Council

1.      Approves the provision of $16,150 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $16,150 is endorsed, the remaining balance will be $NIL.

2.      Discuss with the Australian Turf Club their plans for the Chipping Norton Stakes.

3.      Remove the program criteria that requires an event to be in the City Centre.

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

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.

RECOMMENDATION

That Council:

1.   Note the provisions under the Local Government Act 1993.

2.   Approves appointment of the Audit Office of NSW to perform the audit of Council’s 2015/16 and forward year’s financial statements.

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.

RECOMMENDATION

That Council:

1.   Receives and notes the report;

2.   Approves the identified budget variations in accordance with this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Ristevski           Seconded: Clr Stanley

That Council:

1.   Receives and notes the report;

2.    Approves the identified budget variations in accordance with this report.

3.    Staff prepare a report to come back to the next Council meeting on the budget allocation for the 2015/16 and 2016/17 financial years for the Council Media, Communications and Research department. The report to exclude allocations to CPAC and to include staff salaries.

Amendment:                         Moved: Clr Hadchiti             Seconded: Clr Balloot 

That Council:

1.    Receives and notes the report;

2.    Approves the identified budget variations in accordance with this report.

3.    The following report come back to a budget session for Councillors consideration:

The budget allocation for the 2015/16 and 2016/17 financial years for the Council Media, Communications and Research department. The report to exclude allocations to CPAC and to include staff salaries.

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

RECOMMENDATION

That Council receive and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That:

1.    Council receives and notes this report

2.    Council staff be thanked for their hard work on the program, especially Derek Tweed.

3.    Councillors express their support for this program to continue in the next two years.

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

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Note this report;

2.   Adopt the Outgoing Corporate Sponsorship Policy (including Guidelines and Form), for introduction from 1 July 2016, as attached to this report; and

3.   Provide a copy of the attached policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1.    Note this report

2.    Adopt the Outgoing Corporate Sponsorship Policy (including Guidelines and Form), for introduction from 1 July 2016, as attached to this report with the following changes:

·         Remove point 4.2e) of the Policy, which states:

“Activates the city centre, particularly on weekends and evenings”

·         The application form be amended so that submissions be made through a generic email address.

3.    Provide a copy of the attached policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.

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

RECOMMENDATION

That Council note this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council adopts the attached proposed visiting delegations policy.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

That Council adopts the attached proposed visiting delegations policy with the following amendments:

·           Add the following sentence to clause 4.2.4 of the Policy, “The CEO will ordinarily consult with Councillors when making a determination under this policy.” So that the clause reads:

“Council, through the CEO’s office will assess the request with respect to the benefits to Liverpool Council or the Liverpool area, including protocol checks with the Commonwealth and NSW Governments. The CEO will ordinarily consult with Councillors when making a determination under this policy.”

·           Add the following words to clause 4.3.1 of the Policy, “Subject to the terms of this policy.” So that the clause reads:

“Subject to the terms of this policy, the CEO will approve or decline a request from a visiting delegation.”

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

RECOMMENDATION

That Council:

1.   Note this report

2.   Adopt the Outdoor Dining Policy, as attached to this report; and

3.   Provide a copy of the attached policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

That the recommendation be adopted. 

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

RECOMMENDATION

That Council:

1.       Approves the attached reviewed Enforcement Policy.

2.       Revokes the Penalty Infringement Notice Policy.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Notes this report.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                  Seconded: Clr Mamone

That Council:

1.      Notes this report.

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

3.      Ensure that the bond must be returned to the entity who lodged the bond.

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

RECOMMENDATION

That Council:

1.       Receives and adopts the Minutes of the Local Traffic Committee Meeting held on 20 January 2016.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

That Council:

1.      Receives and notes the Minutes of the Local Traffic Committee Meeting held on 20 January 2016.

2.    Adopts the Local Traffic Committee recommendations as noted in the report with the following amendment:

·         Point 1 of the recommendation for Item 5, of the LTC Minutes be amended to state:

“The Committee defers the decision to install interim rubber cushions along the existing east-west section of Bird Walton Avenue, Middleton Grange for further discussion at the next Liverpool Traffic Committee meeting.”

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

RECOMMENDATION

That Council receives and adopts the Minutes of the Liverpool Youth Council Meeting held on 2 February, 2016.

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Stanley

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Building our New City Committee Meeting held on 4 February 2016.

2.   Notes that a report identifying options for the development of an activation program in the Mall will be provided to a future Building Our New City Committee meeting.

3.   Notes that a short paper on the City Development Fund boundaries will be provided to a future Building Our New City Committee meeting for consideration.

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Receives and adopts the Minutes of the Planning and Development Committee Meeting held on 4 February 2016.

2.       Adopts the Committee’s recommendations. 

COUNCIL DECISION

Motion:                                  Moved: Clr Balloot               Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Economic Development and Events Committee held on 4 February 2016.

2.   Considers funding implementation of the Liverpool Destination Management Plan in its forward budget program.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadchiti

That:

1.    Council adopt the minutes and refer back to future Economic Development and Events Committee, all motions and decisions made on the Destination Management Plan as presented on the 4^th of February.

2.    The Community is given the opportunity to present its own Destination Management Plan additions and adjustments for consideration at an accreditation level above that proposed by this Destination Management Plan.

3.    Council support collaboration and form related partnerships between Liverpool public and private sectors and Community Groups to advance specific agendas that may further establish new tourism opportunities for Liverpool.

4.    Council promote broad and inclusive Community consultation as an integral component of the Destination Management process that will ensure the support of, the local economy, community values and local employment and business opportunities for Liverpool.

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

Please address the following:

Kurrajong Road Opening Community BBQ

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

The standard order for Council BBQ events has always been beef sausages and vegetable patties (therefore providing one meat and one vegetarian option). Following the Council resolution of 26 August 2015 regarding the serving of pork, the addition of pork sausages was made to the standard order. To ensure that pork was available to anyone who requested it, they were held aside to be cooked on request. As the event was such a success, all sausages and patties of all varieties were cooked and consumed.

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

The ratio of sausage and pattie ordering was determined by a number of factors:

·         To keep costs as low as possible while still providing a quality product, especially as this was a free event (beef sausages are cheaper than pork);

·         The fact that we have never previously had a request for a pork sausage at a free BBQ indicating that pork eaters will also eat beef (and therefore again, keeping our costs to the ratepayer lower); and

·         The population demographics of the surrounding area with high community populations of Arabic and Indian families making beef and vegetarian options preferable.

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

This decision was made by staff. No Councillors were involved in the decision.

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

In total food for 1,000 serves was ordered. This was 300 vegetarian patties, 650 beef halal sausages and 50 pork sausages.  This was considered to be an appropriate approach considering the community.

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

All sausages were happily and gratefully consumed by members of the public.

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

No adverse comments or complaints were received on the day of the event regarding the availability of pork sausages. Following the event, no comments have been received from the public – other than overall praise for a great event. The purchasing of pork sausages was done in line with best practice regarding value for ratepayers and to meet the Council resolution of 26 August 2015.

The content of the original email received concerning this matter was the reason that the CEO determined that it did not require a response.

Please address the following:

Kurrajong Road, Prestons

1.      Can I be advised when the last traffic management study was done for Kurrajong Road?

2.      Since the expending of the link between Prestons and Carnes Hill the traffic has increased the right hand turn to Cowpasture Road, there is concerning traffic behaviour due to frustration at the right turn from Kurrajong Road to the Carnes Hill Shopping Centre. Also the intersection at the roundabout at Kurrajong Road and San Merino Drive is causing traffic to back up in both directions.

3.      Are there future plans to address this?

Heritage Properties in private ownership

4.      I believe there are several properties listed as local heritage value in the current LLEP can I be advised how many?

5.      What does Council do or can it do to retain these properties for the future?

6.      Is there any legal requirement for these properties to be retained for the future?

7.      When will an review be done of heritage properties in Liverpool and when will that report be presented to Council?

This Question With Notice (QWN) was submitted by the QWN deadline but was inadvertently omitted from the Council meeting Agenda. A response to these questions will be included in the 30 March 2016 business papers.

RECOMMENDATION

That Council:

1.    Approves the acquisition of an easement for drainage purposes over Lots 119-122 DP 15226, 19-25 Riverview Road, Pleasure Point, on the terms outlined in the confidential report;

2.    Keeps confidential the attachment supplied under separate cover containing the compensation amount payable 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; and

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

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Key Sites Master Planning Steering Committee Meeting held on 2 February 2016;

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

3.   Keeps confidential the minutes supplied in this report containing information pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council: 

1.    Accepts the Tender from BG&E Pty Limited for Tender ST2493 Georges River – Boardwalk and Bridge Design at the GST exclusive price of $450,104.97.

2.    Makes public its decision regarding Tender ST2493 Georges River – Boardwalk and Bridge Design.

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Shelton

That the recommendation be adopted.

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

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

Vote against:                         Clr Karnib

                                                Clr Stanley

RECOMMENDATION

That Council: 

1.       Declines to accept the Tender for Tender ST2497 Provision of Stray Animal Pound and Emergency Capture Patrol.

2.       In accordance with Section 178, Clause 3(e) of the Local Government (General) Regulation 2005, enter into negotiations with Transpet Australia Pty Ltd regarding the schedule of rates.

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 Shelton              Seconded: Clr Mamone

That Council defers this report to enable further discussions between Council officers and the current operator.

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

Councillors voted unanimously for this motion.

ITEM No: Mayor 04

SUBJECT: Asbestos Issue

That Council move into Closed Session in accordance with Section 10A(2)(a) of the Local Government Act 1993 to discuss the asbestos issue and also have a discussion in Open Session prior to going into Closed Session.

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Balloot

That the recommendation be adopted.

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

Mayor Mannoun requested that the CEO’s comments made in Open Session be transcribed and included in the Minutes of this meeting. This is provided below:

Chief Executive Officer Update on Asbestos Issue

“Thanks Mr Mayor.  There are a number of issues I can bring Council an update on. 

Enforceable Undertaking

I did mention last time that we are in the process of preparing an undertaking with the EPA.  That’s a formal document about how we are going to remediate the sites that have been identified. That document is getting close to completion now and we would expect that it would be with EPA for their consideration and determination by the end of this week.  That’s the document that is put together following the audit process we did last year and subsequently the EPA’s indication that they were fundamentally okay with most of the suggested ways that we had intended to remediate the identified sites.

Western Depot – Devonshire Road, Kemps Creek

You are aware that Council adopted a tender at the last Council meeting for the removal of that material plus other sites such as 12^th Avenue, that we are in the process of doing final contract negotiations with the relevant contractor. We thought that it would start this week but there are a couple of small issues that needs to be resolved with the contractual negotiations. We would expect that the work will start within the next couple of weeks.                                                                                                                          

Sligar Avenue – Heathcote Road, Hammondville

If you have been past Sligar Avenue, that’s been fenced off for quite some time. We are capping that site with a concrete path and that work is well under way and we expect that work will be completed and that site would be remediated by end of this month.

Stante Reserve – Hall Circuit, Middleton Grange

Stante Reserve which has been a significant matter of discussion tonight, that material has been removed. It’s been cleared by hygienist and air monitoring has indicated no air borne material at that location and that information is being provided to the Serbian Club.

Stroud Park

Stroud Park was an issue where there was a few small stock piles of illegally dumped material in the park. That caused some issues in terms of not being able to slash the park. So that’s now been done by specialised contractor. The illegal stock piles of dumped waste will be removed and we would expect going forward that Stroud Park would get clearance from hygienists and then fall back into normal routine for grass maintenance and mowing purposes.

Rickard Road and Newbridge Road

Rickard Road and Newbridge road - we’ve lumped them into two different locations. They are actually amalgam of different lots. They are called parks but they are actually consequence of the Moorebank Voluntary Acquisition Scheme. Houses were demolished many years ago. It would appear that the demolition methodologies were not the greatest.  There has been some asbestos material on the ground there. That also led to an issue where we could not mow because of asbestos on there. The grass has been cut mechanically, the material with the grass has been raked and disposed of as it was asbestos waste. The surface again will be checked by hygienists and subject to getting a clearance from the hygienist that area will go back into the maintenance program and available for our staff to mow. 

Casula High School

We’ve done some testing there and the testing has shown that there is some asbestos material on the fill that we put in there. It’s also shown that there was asbestos material on the site, prior to us putting the fill there. It is likely a consequence of demolition work by the school in the past. So we are at the moment, negotiating and discussing with the EPA the most appropriate remediation activities that we should undertake on that site.

BMX Track at Powell Park and the Liverpool Radio Rallycross Car Club at Iraking Avenue, Moorebank

Two issues have come up which I believe I’ve sent emails to all Councillors to alert them to.  There’s been facebook information out there, so it’s not private and unknown but the BMX Track at Powell Park and the Liverpool Radio Rallycross Car Club at Iraking Avenue, Moorebank, both of those sites are Council land but they are leased by the two groups.  Asbestos is being found in both those sites. The sites are being secured and no longer in use. A little bit more complicated by the standard site because we are having to negotiate with the EPA as we are the land owner about the remediation,  but also to discuss with the lessee as they are the group that imported the material that’s now - has been tested and seen to be contaminated. There will be a bit of work with negotiation with the lessees and EPA on what the most appropriate remediation approach is for that.

There’s also a site adjacent to Brickmakers Creek at Durrant Oval. There is an old deposit of asbestos, looks like it’s an old deposit of contaminated waste. We are finding these sites because we are physically going out looking for locations and double checking  to see what's around. Again this is a site where we will discuss with the EPA, it’s illegal dumping activity once again. But as the land owner, we have the responsibility to discuss with EPA the most appropriate remediation, likely removal and subsequent testing and air monitoring as part of that process.

Waste Management System

I have indicated that the last exercise is well underway and we might have a first draft for that sometime in July/August this year. That’s a document that we have discussed with EPA and are indicating to the EPA that we will be prepared to make that available to other Councils. There are no other Councils that have a waste management system that complies with the PO&E Act. So this would be ground breaking exercise for the Council and also has indicated that we would likely become a reference site for other Councils in the State on how to deal with the asbestos issue and what management systems you need to deal with those things.

So I think that’s pretty much we are at with remediation on the site and progress with EPA.”

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadchiti

Ask the USU to consider asking all Councils, in particular Wollongong Council, if they have tested their staff for exposure to asbestos.

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

Division called:

Vote for:                                 Mayor Mannoun

Clr Balloot

Clr Hadchiti

Vote against:                         Clr Harle

Clr Karnib 

Clr Mamone

Clr Ristevski

Clr Shelton

Clr Stanley