MINUTES OF THE Ordinary Meeting
HELD ON 29 March 2017
PRESENT:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Rhodes
Councillor Shelton
Ms Kiersten Fishburn, Chief Executive Officer
Mr Chris White, Acting Director Corporate Services
Mr Stephen Joannidis, Acting Director Planning and Growth
Dr Eddie Jackson, Acting Director Community and Culture
Mr Wayne Carter, Director City Presentation
Ms Julie Scott, Acting Director Economic Development
Mr Raj Autar, Director Infrastructure and Environment
Mr John Morgan, Director Property and Commercial Development
The meeting commenced at 6.00pm
OPENING 6.00pm
ACKNOWLEDGEMENT OF COUNTRY, The
prayer of the Council was read by
PRAYER OF COUNCIL AND Reverend
Bruce Hammonds from
AFFIRMATION TO BE READ BY Liverpool
Presbyterian Church.
APOLOGIES Nil
CONDOLENCES Nil
Confirmation of Minutes
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Motion:
Moved:
Clr Hadchiti Seconded:
Clr Hadid
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1. That the minutes
of the Ordinary Meeting held on 22 February 2017 be confirmed as a true record
of that meeting.
2. That the CEO
provide advice to Councillors on whether the reports relating to CONF 06 and
CONF 07 of the 22 February 2017 Agenda can be made public.
On being put to the meeting the
motion was declared CARRIED.
Declarations of Interest
Clr Rhodes declared a non-pecuniary, less than significant interest in
the following item:
NOM 04 Growing the Tourism
Economy in Liverpool
Reason: Clr Rhodes is a
Committee Member of the not for profit Sydney Southwest Tourism Taskforce.
Clr Rhodes will remain in the Chambers for the duration of this item
because:
As a new
Councillor she recently attended the Manning Valley Tourism Conference and has
information relevant to Council from that Conference on the topic of Tourism.
She stated that
her association with the Taskforce and as a Councillor is not in
conflict. The proposed motion and her participation on all levels fall
within the Council Terms of reference of engagement to create a socially just,
inclusive and sustainable community by:
1.
Council facilitating avenues so the community have a genuine say in
Council’s decision making.
2.
Strengthening the relationships between the community and Council,
services and other institutions and bonds within the community.
3.
Providing more opportunities for partnerships with the community and self-led
community projects.
Clr Hagarty declared a non-pecuniary, less than significant interest in
the following item:
CONF 01 University
of Wollongong Equity Scholarship Program
Reason:
Clr Hagarty is employed by a competing university, being
Western Sydney University
Clr Hagarty will leave the Chambers for the duration of this
item.
Public Forum
Presentation – items not on agenda
Nil
Representation – items on agenda
1. Mr Rodger
Anderson addressed the Council on the following matter:
DPG 02 – Review of Council Policies - the use of
amplified sound systems in public recreation areas.
Motion: Moved:
Clr Hadid Seconded:
Clr Shelton
That a three minute extension of time be
given to the speaker.
On being put to the meeting the motion was
declared CARRIED.
2.
Mr Gerard McSpadden from Abacus Property (Applicant) addressed the
Council on the following matter:
DPG 04 – Draft
LLEP 2008 Amendment No. 56
3.
Mr Ian Cady from Urbis (on behalf of Applicant) addressed the
Council on the following matter:
DPG
04 – Draft LLEP 2008 Amendment No. 56
Clr Hadchiti left the Chambers at 6.23pm.
Clr Hadchiti returned to the Chambers at 6.25pm.
Clr Hadid left the Chambers at 6.25pm.
Clr Hadid returned to the Chambers at 6.27pm.
4. Mr Ian Bailey
addressed the Council on the following matter:
NOM 02 –
The Value of Trees
5. Mr Harry Hunt
OAM addressed the Council on the following matter:
NOM 04 – Growing the Tourism Economy in Liverpool.
Motion: Moved:
Clr Shelton Seconded:
Clr Hagarty
That a three minute
extension of time be given to the speaker.
On being put to the meeting
the motion was declared CARRIED.
6. Mr Erik
Rakowski addressed the Council on the following matter:
CONF 08 - Moorebank Intermodal
Motion: Moved:
Clr Rhodes Seconded:
Clr Kaliyanda
That a three minute extension of
time be given to the speaker.
On being put to the meeting the
motion was declared CARRIED.
7. Ms Jennifer
French addressed the Council on the following matter:
CONF 08 - Moorebank Intermodal
Motion: Moved:
Clr Hagarty Seconded:
Clr Hadchiti
That a three minute extension of time be given to the
speaker.
On being put to the meeting the motion was declared
CARRIED.
8. Mr Michael
Byrne addressed the Council on the following matter:
CONF 08 - Moorebank Intermodal
Motion: Moved:
Clr Hagarty Seconded:
Clr Harle
That a three minute extension of time be given to the
speaker.
On being put to the meeting the motion was declared
CARRIED.
Independent Hearing and Assessment Panel Report
ITEM
NO: IHAP 01
FILE NO: 047910.2017
SUBJECT: DA-787/2016
- Subdivision of One Lot into Two Torrens Title Lots at 75 Seventh Avenue,
Austral
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RECOMMENDATION
That Council
approves Development Application DA-787/2016 subject to the amended
recommended conditions of consent (Attachment 3).
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COUNCIL DECISION
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Motion: Moved:
Clr Harle Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
ITEM TO BE
BROUGHT FORWARD
Motion: Moved:
Clr Hadchiti Seconded:
Clr Hadid
That CONF 08 be brought forward and dealt with
now.
On being put to the meeting the
motion was declared CARRIED.
Clrs Hadchiti and Hadid requested
that the matter be dealt with in Open Session.
The Mayor ruled that the matter
be dealt with in confidential session because the report contains advice
concerning litigation, or advice that would otherwise be privileged from
production in legal proceedings on the grounds of legal professional privilege.
The Mayor called for a recess
at 6.49pm to allow the gallery to leave the Chambers so that CONF 08 can be
dealt with in Closed Session.
Council moved into Closed Session
at 6.56pm with all Councillors present except Clr Balloot.
Clr Balloot returned to the
Chambers 6.57pm
Clr Balloot left the Chambers
at 7.48pm
Clr Balloot returned to the
Chambers at 7.51pm
Clr Balloot left the
Chambers at 8.11pm
Clr Balloot returned to the
Chambers at 8.22pm
Clr Hagarty left the Chambers
at 8.38pm
Clr Hagarty returned to the
Chambers at 8.39pm
Clr Balloot left the
Chambers at 8.40 pm
Clr Balloot returned to
the Chambers at 8.42pm
ITEM NO: CONF 08
FILE NO: 070061.2017
SUBJECT: Legal
Advice Concerning Intermodal
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RECOMMENDATION
That Council consider the legal advice provided in
relation to the proposed Moorebank Intermodal facility, and determine what,
if any, action should be taken under the circumstances.
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COUNCIL
DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Hadid
That Council:
1.
Direct the CEO to progress planning appeals against planning consents
SSD 5066 and SSD 6766, concerning the Moorebank Intermodal.
2.
Direct the CEO to make a suitable budget allocation for the 2017-18 and
2018-19 financial years in order to fund this action.
3.
Council aggressively pursue this.
4.
That an update be brought to each and every Council meeting on the
progress of this case.
Foreshadowed
motion: Moved: Clr Hagarty Seconded:
Clr Kaliyanda
That Council:
1.
Direct the CEO to not progress planning appeals against planning
consents SSD 5066 and SSD 6766, concerning the Moorebank Intermodal.
2.
Direct the CEO to make a suitable budget allocation for the 2017-18 and
2018-19 financial years in order to fund subsequent dedicated staff and action
to ensure the safety of the residents.
3.
Council aggressively pursue this.
4.
Council dedicate $50,000 to the RAID group to ensure their legal action
is assisted.
On being put
to the meeting the motion (moved by Clr Hadchiti) was declared LOST.
Division called (for the
Motion moved by Clr Hadchiti):
Vote for:
Clr Ayyad
Clr
Balloot
Clr
Hadchiti
Clr
Hadid
Clr
Harle
Vote
against: Mayor Waller
Clr
Hagarty
Clr
Kaliyanda
Clr
Karnib
Clr
Rhodes
Clr
Shelton
The
Foreshadowed Motion (moved by Clr Hagarty) then became the motion and on being
put to the meeting the motion was declared CARRIED.
Division called (for the
Motion moved by Clr Hagarty)
Vote for: Mayor
Waller
Clr
Hagarty
Clr
Kaliyanda
Clr
Karnib
Clr
Rhodes
Clr
Shelton
Vote against: Clr
Ayyad
Clr
Balloot
Clr
Hadchiti
Clr
Hadid
Clr
Harle
The Mayor
called an adjournment of the meeting at 8.48pm.
The Mayor
resumed the meeting at 8.53pm in Open Session and read out the resolution which
was carried during Closed Session which was:
That
Council:
1.
Direct the CEO to not progress planning appeals against planning
consents SSD 5066 and SSD 6766, concerning the Moorebank Intermodal.
2.
Direct the CEO to make a suitable budget allocation for the
2017-18 and 2018-19 financial years in order to fund subsequent dedicated staff
and action to ensure the safety of the residents.
3.
Council aggressively pursue this.
4.
Council dedicate $50,000 to the RAID group to ensure their legal
action is assisted.
Clr Hadchiti
asked that the lost motion relating to CONF 08 also be displayed on the
screen for the gallery to view.
The Mayor
ruled that the lost motion would appear in the Council minutes but would not be
displayed now, as she is only required to read out the resolution which was
carried.
MOTION OF
DISSENT
Motion: Moved:
Clr Hadchiti Seconded:
Clr Hadid
That there be
a Motion of Dissent against the Mayor’s ruling to not show the lost motion
on the screen at this meeting.
On being put
to the meeting the Motion of Dissent was declared LOST.
Division called for the Dissent Motion:
Vote for: Clr
Hadchiti
Clr
Hadid
Clr
Balloot
Vote against: Mayor Waller
Clr
Ayyad
Clr
Hagarty
Clr
Harle
Clr
Kaliyanda
Clr
Karnib
Clr
Rhodes
Clr
Shelton
Clr
Hadid left the Chambers at 9.03pm.
Planning and Growth Report
ITEM
NO: DPG 01
FILE NO: 037485.2017
SUBJECT: Land
Dedication and Works in Kind Policy
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RECOMMENDATION
That Council adopts the Revised Land Dedication and
Works in Kind Policy attached to this report.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Kaliyanda
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Note: Clr Hadid was not in the
Chambers when this item was voted on.
Clr Hadid returned to the Chambers at 9.04pm.
ITEM
NO: DPG 02
FILE NO: 046276.2017
SUBJECT: Review of
Council Policies
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RECOMMENDATION
That Council revokes the following policies:-
· The Use of Public Address (PA) Systems on Council Owned
Properties; and
· Signage on Council Land.
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COUNCIL DECISION
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Motion: Moved:
Clr Harle Seconded:
Clr Hadchiti
That the existing Policies be
retained, reviewed and strengthened, and a report be brought back to Council in
June about the status of that action.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Clr
Ayyad retired from the Meeting at 9.10pm
ITEM
NO: DPG 03
FILE NO: 052180.2017
SUBJECT: Liverpool
Development Control Plan - Amendment 25
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RECOMMENDATION
That Council:
1. Considers the contents of this report and approves
the proposed changes to the exhibited Draft Liverpool Development Control
Plan, Part 1 – General Controls for all Development and Part 4
Liverpool City Centre (Amendment No. 25) as outlined in Attachments 1 and 2.
2. Authorises the Chief Executive Officer to finalise
Amendment No. 25 including any further minor technical changes which may be
required including those recommended by the Liverpool Design Excellence
Panel.
3. Adopts Draft Liverpool Development Control Plan -
Part 4 Liverpool City Centre as a policy of Council to be used in the
assessment of development applications lodged pursuant to Planning Proposal
– Amendment 52.
4. Authorises the Chief Executive Officer - upon
notification that Planning Proposal Amendment No. 52 has been approved by the
Minister for Planning – to bring into effect Draft Liverpool
Development Control Plan, Part 1 – General Controls for all Development
and Part 4 Liverpool City Centre (Amendment No. 25) in accordance with the
Environmental Planning and Assessment Act 1979 and Regulation.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadchiti
That Council:
1. Considers the contents of this report and approves the
proposed changes to the exhibited Draft Liverpool Development Control Plan,
Part 1 – General Controls for all Development and Part 4 Liverpool City
Centre (Amendment No. 25) as outlined in Attachments 1 and 2.
2. Authorises the Chief Executive Officer to finalise
Amendment No. 25 including any further minor technical changes which may be
required including those recommended by the Liverpool Design Excellence Panel.
3. Adopts Draft Liverpool Development Control Plan - Part
4 Liverpool City Centre as a policy of Council to be used in the assessment of development
applications lodged pursuant to Planning Proposal – Amendment 52.
4. Authorises the Chief Executive Officer - upon
notification that Planning Proposal Amendment No. 52 has been approved by the
Minister for Planning – to bring into effect Draft Liverpool Development
Control Plan, Part 1 – General Controls for all Development and Part 4
Liverpool City Centre (Amendment No. 25) in accordance with the Environmental
Planning and Assessment Act 1979 and Regulation.
5. Councillors are briefed in the near future as to the views of the
Greater Sydney Commission on proposed Amendment 52 to the LEP.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 04
FILE NO: 053882.2017
SUBJECT: Draft LLEP
2008 Amendment No. 56
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RECOMMENDATION
That Council:
1. Adopts Draft Liverpool Local Environmental Plan 2008
(Draft Amendment 56).
2. Forwards a copy of the attached draft amendment and
supporting documentation to the Department of Planning and Environment for
finalisation.
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COUNCIL DECISION
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Motion: Moved:
Clr Harle Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Vote for: Mayor
Waller
Clr
Balloot
Clr
Hadid
Clr
Hagarty
Clr
Harle
Clr
Kaliyanda
Clr
Karnib
Clr
Rhodes
Clr
Shelton
Vote against: Clr
Hadchiti
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 05
FILE NO: 054699.2017
SUBJECT: Withdrawal
of Draft LLEP 2008 (Amendment 50) - 900 Cowpasture Road, Cecil Hills.
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RECOMMENDATION
That Council:
1. Notes the request by the
proponent, Sydney Water Corporation, to withdraw the planning proposal for
land located at 900
Cowpasture Road, Cecil Hills.
2. Writes to the Minister pursuant to
Section 58(4) of the Environmental Planning and Assessment Act 1979 requesting
that the matter not proceed.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this
motion.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 06
FILE NO: 054984.2017
SUBJECT: Withdrawal
of Planning Proposal for land at 124-144 Newbridge Road, Moorebank (Flower
Power site)
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RECOMMENDATION
That Council note the request by the applicant, Flower
Power P/L, to withdraw the planning proposal for land at 124-144 Newbridge
Road, Moorebank (Lot 2 DP 602988).
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COUNCIL DECISION
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Motion: Moved:
Clr Kaliyanda Seconded:
Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 07
FILE NO: 055170.2017
SUBJECT: Proposed
changes to Naming Function and Introduction of Naming Convention Policy
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RECOMMENDATION
That Council:
1. Receives and notes this report.
2. Adopts the Naming Convention Policy to take effect immediately.
3. Rescinds the Street Naming Committee Charter.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 08
FILE NO: 056921.2017
SUBJECT: Draft LLEP
2008 Amendment No. 63 - Middleton Grange Town Centre
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RECOMMENDATION
That Council
note the
information provided in this report and the options presented for the
Middleton Grange planning proposal, and determine which option is most
appropriate for adoption.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Hadid
That Council defer this item until a full report
can be presented to Council for determination.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 09
FILE NO: 061336.2017
SUBJECT: Planning
and Development Committee Meeting
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RECOMMENDATION
That Council dissolves the Planning and
Development Committee and revokes the charter.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Karnib
That Council subsumes the
Planning and Development
Committee and revokes the charter.
On being put to the meeting the motion was
declared CARRIED.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: DPG 10
FILE NO: 061397.2017
SUBJECT: Pre-Planning
Proposal Meeting Fees
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RECOMMENDATION
That Council:
1. Support the introduction of a new pre-planning
proposal fee in the 2017/18 budget as follows:
· Minor planning proposals (Proposals with a CIV<$1.5m)
Ø First meeting - $760
Ø Second and subsequent meetings - $250
· Major planning proposals (Proposals with a CIV >$1.5m)
Ø First meeting - $1,500
Ø Second and subsequent meetings - $450
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Community
and Culture Report
ITEM
NO: DCC 01
FILE NO: 057601.2017
SUBJECT: Draft
Reconciliation Action Plan 2016-2020 Post Exhibition
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RECOMMENDATION
That Council:
1. Adopts the draft Reconciliation
Action Plan 2016–2020; and
2. Approves minor changes to the draft Reconciliation Action Plan 2016–2020 in
accordance with further review of the documentation by Council staff.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
Chief
Financial Officer
ITEM
NO: CFO 01
FILE NO: 056912.2017
SUBJECT: Investment
Report February 2017
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RECOMMENDATION
That Council receives and notes this report.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadid Seconded:
Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CFO 02
FILE NO: 057932.2017
SUBJECT: 2017
National General Assembly of Local Government
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RECOMMENDATION
That Council:
1. Nominates delegates to attend the 2017
National General Assembly of Local Government to be held in Canberra from
Sunday 18 June – Wednesday 21 June 2017.
2. Resolves to raise the following motions,
concerning the theme of “Building Tomorrow’s Communities”,
for debate at the National General Assembly:
(a)
(b)
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Hadid
1.
That Councillors interested in attending the
2017 National General Assembly of Local Government contact the Councillors
Support Officer so that arrangements can be made.
2.
Resolutions relating to affordable housing and
infrastructure delivery be written and submitted on behalf of the Councillors
and the Mayor be granted authority to finalise the motions.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CFO 03
FILE NO: 058330.2017
SUBJECT: 2017
Australian Local Government Women's Association NSW Branch Conference
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RECOMMENDATION
That Council
nominates delegates to attend the Australian Local Government Women’s
NSW Conference to be held at Penrith from 4 to 6 May 2017.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Kaliyanda
That Councillors
interested in attending the 2017 Australian Local Government Women’s
Association NSW Branch Conference to contact the Councillors Support Officer
for arrangements to be made and the CEO to nominate two staff (in addition to
the CEO) to attend.
On being put to the meeting the motion was
declared CARRIED.
City Presentation
Report
ITEM
NO: DCP 01
FILE NO: 057683.2017
SUBJECT: Sustainable
Strategies for Domestic Waste Disposal
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RECOMMENDATION
That Council:
1. Exercise the provision to extend Contract
ST948 – Waste Acceptance, treatment and Disposal under Clause 4.2 of
the contract for a further 5 years (through to 2024); and
2. Authorise the CEO to seek interest from
neighbouring Councils in participating in a regional waste disposal contract.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Committee
Reports
ITEM
NO: CTTE 01
FILE NO: 031165.2017
SUBJECT: Aboriginal
Consultative Committee - Minutes of meeting held 2 February 2017
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RECOMMENDATION
That Council receives and adopts
the minutes of the Aboriginal Consultative Committee Meeting held on 2 February 2017.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CTTE 02
FILE NO: 043983.2017
SUBJECT: Liverpool
Youth Council - Minutes of meeting held 8 February 2017
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RECOMMENDATION
That Council:
1. Receives and adopts the minutes of the Liverpool Youth Council meeting held on Wednesday
8 February 2017.
2. Endorses the
appointment of Ms Cheryl Anthony as the new member of the Liverpool Youth
Council for the remainder of the 2016–2018 Liverpool Youth Council
term.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CTTE 03
FILE NO: 049405.2017
SUBJECT: Minutes of
the Heritage Advisory Committee meeting held on 14 February 2017
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RECOMMENDATION
That Council:
1. Receives and adopts the
Minutes of the Heritage
Advisory Committee Meeting held on 14
February 2017.
2. Writes to all previous
members of the committee thanking them for their involvement with the
committee over the last two years.
3. Writes to Vicki Andrews thanking her for
her continual commitment and involvement in the Heritage Advisory Committee
and her dedication to the promotion and protection of Liverpool’s
history.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CTTE 04
FILE NO: 057991.2017
SUBJECT: Liverpool
Sports Committee - Minutes of meeting 23 February 2017
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RECOMMENDATION
That Council:
1. Receives and adopts the minutes of the Liverpool Sports Committee meeting held on 23 February 2017
2. Endorse the Liverpool Sports Committee’s
recommendations for the provision of $1,000 under the Sporting Donations
Program, as per Item 3 in the minutes.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CTTE 05
FILE NO: 061447.2017
SUBJECT: Audit and
Risk Committee Minutes 24 October 2016
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RECOMMENDATION
That Council:
1. Receives and adopts the
Minutes of the Audit and Risk Committee Meeting held on 24 October 2016.
2. Approves
the change of name of the Audit and Risk Committee to the Audit, Risk and Improvement
Committee and any minor changes required by this name change to the Internal
Audit Charter and the Audit and Risk Committee Charter.
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COUNCIL DECISION
|
Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CTTE 06
FILE NO: 061590.2017
SUBJECT: Minutes of
the Civic Advisory Committee Meeting held 15 March 2017
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RECOMMENDATION
That Council receives and adopts
the Minutes of the Civic Advisory Committee meeting held on 15 March 2017.
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COUNCIL DECISION
|
Motion: Moved:
Clr Shelton Seconded:
Clr Harle
That Council:
1. Receives and
adopts the Minutes of the Civic Advisory Committee meeting held on 15 March
2017 subject to the following change to page 2 of the minutes, so that the
corrected motion on that page reads;
“For
the avoidance of doubt, the Committee construes that the recommendation of the
Committee meeting on 1 March 2017 which did not achieve a quorum as incorporating
the following;
The
recommendation to endorse the assessment panel’s recommendation and
support Liverpool Hospital to be the beneficiary of the funds raised from the
2017 Charity Ball, and
Endorse the
deletion of Clause 6.5.4 d) of the Civic Events and Ceremonial Functions Policy
which currently states that nominations;
Must not
have received funds from Council either through Council’s grants,
donations or corporate sponsorship programs or from the Liverpool City Council
Charity Ball within the last 12 months”.
2. Investigate and
report back to Council by the June 2017 meeting on the cost of a substantial
statue equivalent to that of Macquarie to be erected in honour of Thomas Moore
and report to the Civic Advisory Committee in June 2017.
On being put
to the meeting the motion was declared CARRIED.
ITEM
NO: CTTE 07
FILE NO: 064088.2017
SUBJECT: Minutes of
the Environment Advisory Committee Meeting held on 28 February 2017
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RECOMMENDATION
That Council receives and adopts
the Minutes of the Environment Advisory Committee Meeting held on 28 February 2017.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Questions with Notice
ITEM
NO: QWN 01
FILE NO: 064741.2017
SUBJECT: Question
with Notice - Clr Harle
Background
When a
development application (DA) is assessed that may have a significant effect on
neighbouring properties, Councils’ planning policy included notifying
surrounding property owners.
Please
address the following:
1. To what extent,
if any, are neighbouring property owners currently notified in:
·
suburban areas; and
·
rural areas?
2. What criteria
are used to determine which property owners surrounding a DA are notified?
3. What are the
minimum State planning requirements for the above and does Council exceed those?
Response
Council’s Notification Policy for Development
Applications is contained within Part 1 of the Liverpool Development Control
Plan, Chapter 18.
Notification or advertising of development
applications to adjoining neighbours or the wider community is undertaken in
accordance with the Notification Policy and is dependent on the type of
development application, and where it is located.
For instance, a new dwelling in a
residential zone is not notified to adjoining neighbours in accordance with the
Policy. However, a child care centre in a residential zone is notified to
properties within 75m of the site.
State
Government legislation requires the Council to have a notification policy
contained within their DCP. There are no minimum requirements for notification.
It is up to the Council to determine the appropriate notification requirements
for development applications in their area. The only exception to this is
development classified as Designed Development or Nominated Integrated
Development under the Environmental Planning & Assessment Act. These
application require public exhibition of the proposal for 30 days.
It
is important that complying low risk applications eg housing are not
unnecessarily delayed by notification and to ensure that comprehensive
community consultation and engagement is undertaken at LEP stage.
Motion: Moved:
Clr Harle Seconded:
Clr Rhodes
That Council:
Investigate
and report back to Council on the possible updating of the Council’s
current Notifications of DA’s Policies based on distances, and consider
possibly changing the policy to be measured in the number of people contacted,
to ensure in all circumstances the number of residents that have been notified
about an impending development, is in accordance with Council’s
consultation obligations and the IHAP Objection criteria, noting that the IHAP
criteria was recently changed from a minimum of 3 to a minimum of 5 people.
On being put to the meeting the motion was
declared CARRIED.
Notices of
Motion
ITEM
NO: NOM 01
FILE NO: 066662.2017
SUBJECT: Childcare
Services - Liverpool CBD
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NOTICE OF
MOTION
That Council:
1. Investigate
options for the delivery of a city based service in the Liverpool CBD, which
would be primarily for Council staff in the first instance and then the
general public as required.
2. Identify
potential sites
3. Present a report to Council on a proposal for the adoption of a
city based service to include capital costing for establishment of service,
operational costs on the delivery of service, and future return on
investment.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: NOM 02
FILE NO: 069124.2017
SUBJECT: The Value
of Trees
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NOTICE OF
MOTION
That Council investigate the Tree Pricing Policies adopted at
Bankstown, Campbelltown, Sutherland and other Councils and report back to
Council so that a similar policy might be considered for Liverpool.
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COUNCIL DECISION
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Motion: Moved:
Clr Hadchiti Seconded:
Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: NOM 03
FILE NO: 069223.2017
SUBJECT: CCTV
Cameras
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NOTICE OF
MOTION
That Council provide a briefing opportunity for Councillors that
includes the NSW Police and Independent technical internet service provision
advice on;
a) the current cost and means of delivery of
footage captured on Council owned CCTV cameras and delivery to Council
Monitor, retrieval and storage of footage;
b) the cost of moving the Monitor from Moore
Street Council premises to Police Station;
c) The cost of moving the monitor to the
Civic Centre when Council moves from Moore Street;
d) The opportunity to engage a new MoU base on a cost sharing with
the NSW Police.
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COUNCIL DECISION
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Motion: Moved:
Clr Rhodes Seconded:
Clr Harle
That Council provide a briefing opportunity for Councillors that
includes the NSW Police and Independent technical experts advice on;
a) the current cost and means of delivery of footage
captured on Council owned CCTV cameras and delivery to Council Monitor,
retrieval and storage of footage;
b) the cost of moving the Monitor from Moore Street
Council premises to Police Station;
c) The cost of moving the monitor to the Civic Centre
when Council moves from Moore Street;
d) The opportunity to engage a new MoU base on a cost sharing with the
NSW Police.
On being put to the meeting the motion was
declared CARRIED.
Clr Shelton asked that his name be recorded as
having voted against this motion.
ITEM
NO: NOM 04
FILE NO: 069255.2017
SUBJECT: Growing
the Tourism Economy in Liverpool
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NOTICE OF
MOTION
That Council endorse at “no cost to
Council”, the “not-for-profit” South West Sydney Tourism
Taskforce Inc. NSW (SWSTT), to assist in;
a) the Collaborative lobbying for official recognition
of the “South West Sydney Area,” as defined by the Greater Sydney
Commission, South West District, as a Distinct Region that is open to the
Regional Grants Program;
b) the collaborative efforts to secure the opportunity
to obtain Regional Grants through the NSW Regional Grants Program to advance
the tourism economy in our LGA;
c) the identification and collaboration of
any low-cost needs in tourism, (pending grants) that could advance tourism in
Liverpool.
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COUNCIL DECISION
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Motion: Moved:
Clr Harle Seconded:
Clr Rhodes
That the recommendation be adopted.
Foreshadowed Motion: Moved:
Clr Hadchiti Seconded:
Clr Shelton
That the
matter be deferred to a Councillors Briefing Session for Council to get a full
briefing on the organisation.
The motion (moved by Clr Harle) was declared LOST.
NOTE: At
this stage of the meeting, Clr Hadchiti raised a point of order in relation to
a remark made by Clr Rhodes.
In
accordance with Clause 42.2.1 of Council’s Code of Meeting Practice, the
Mayor asked Clr Rhodes to apologise to Clr Hadchiti for her act of
disorder. Clr Rhodes then apologised for her remark.
The
Foreshadowed motion (moved by Clr Hadchiti) which then became the motion, was
then voted on, and on being put to the meeting was declared CARRIED.
Clr Hagarty left the Chambers at 9.57 pm.
Confidential
Items
ITEM
NO: CONF 01
FILE NO: 043583.2017
SUBJECT: University
of Wollongong Equity Scholarship Program
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RECOMMENDATION
That Council:
1. Approve funds of $10,000 to be included
in this financial year’s quarterly budget review;
2. Includes $10,000 p.a. in the projected
budgets for the 2017/18 and 2018/19 financial years;
3. That the funds further be distributed as
Equity Scholarships through the University of Wollongong as 5 x $2,000 grants
each year.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadchiti
That Council:
1. Approve funds of $10,000 to be included in this
financial year’s quarterly budget review;
2. Includes $10,000 p.a. in the projected budgets for the
2017/18 and 2018/19 financial years;
3. That the funds further be distributed as Equity
Scholarships through the University of Wollongong as 5 x $2,000 grants each
year.
4.
Investigates similar opportunities in relation to Western Sydney
University.
On being put to the meeting the motion was
declared CARRIED.
Clr Hagarty returned to the Chambers at 9.59pm.
ITEM NO: CONF 02
FILE NO: 056538.2017
SUBJECT: Tender
ST2607 - Road Network Condition Survey 2016/2017
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RECOMMENDATION
That Council:
1. Declines to accept the tender received for ST2607 –
Road Network Condition Survey 2016/2017.
2. In accordance with Section 178(3)(b) of the Local
Government General Regulation invites fresh open tenders.
3. Makes public its decision regarding Tender ST2607 –
Road Network Condition Survey 2016/2017.
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.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Note: Clr Ayyad was not in the Chambers when
this item was voted on.
ITEM
NO: CONF 03
FILE NO: 057641.2017
SUBJECT: Tender
WT2606 - Supply and Install Sandstone Retaining Wall - Bigge Park, Liverpool
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RECOMMENDATION
That Council:
1. Accepts the Tender
from HBS Group Pty Ltd for Tender WT2606 – Supply and Install Sandstone
Retaining Wall - Bigge Park for an initial twelve week contract term at the
GST exclusive price of $1,315,507.
2. Makes
public its decision regarding Tender WT2606 – Supply and Install
Sandstone Retaining Wall - Bigge Park.
3. Notes
that the Director, Infrastructure and Environment will finalise all details
and sign the Letter of Acceptance following publication of the draft minutes
on Council’s website for the tender, giving it contractual effect, in
accordance with delegated authority.
4. Keeps confidential the
details supplied in this report containing information on the submissions
received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local
Government Act 1993 as it contains commercial information of a confidential
nature that would, if disclosed, prejudice the commercial position of the
person who supplied it.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
On being put
to the meeting the motion was declared CARRIED.
Councillors
voted unanimously for this motion.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: CONF 04
FILE NO: 058128.2017
SUBJECT: Tender
WT2506 - Car Park Safety Crash Barriers
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RECOMMENDATION
That Council:
1. Notes that no tenders were received for Tender
WT2506 - Car Park Safety Barriers.
2. In accordance with Section 178(3)(e) of the Local Government (General)
Regulation 2005, enters into negotiations with Buildcorp
Group Pty Ltd for the provision of a car park crash barrier system under
Contract WT2546 - Warren Serviceway and Northumberland Street Car Park
Structural Repairs and Safety Barrier Improvements.
3. In accordance with Section 178(4) of the Local Government
(General) Regulation 2005, notes the following for not
calling fresh tenders:
a. The public tender process has
been unable to elicit a satisfactory outcome and it is considered that
inviting fresh tenders for
the same proposal is unlikely to result in a different outcome; and
b. No significant benefit will be achieved
by inviting fresh tenders in view of the time and cost involved in such a
process with consequent delays and cost implications to the project.
c. Contract WT2546 includes unit
rates for car park crash barriers that can be utilised for the expanded scope
of works.
4. Authorises the Director
Infrastructure and Environment to extend Contract WT2546 to include the
additional crash barriers.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
On being put to the meeting the motion was
declared CARRIED.
Councillors voted unanimously for this motion.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: CONF 05
FILE NO: 057989.2017
SUBJECT: Proposed
Financial Assistance to Cafe Proprietors in Macquarie Mall Liverpool
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RECOMMENDATION
That Council:
1. Proceeds with offering Financial Assistance to the
following Macquarie Mall outdoor dining retailers to the combined total of
$19,239:
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Retailer Trading Name
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Mr
Seafood
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Bona
Fides Cafe
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Casanova
Café
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La
Maison Café
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COUNCIL DECISION
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Motion: Moved:
Clr Hadid Seconded:
Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
ITEM
NO: CONF 06
FILE NO: 062594.2017
SUBJECT: Per and
Polyfluoroalkyl Substances (PFAS) Assessment - 245 Devonshire Road, Kemps Creek
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RECOMMENDATION
That Council
notes the information contained in this report.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Note: Clr Ayyad was not in the
Chambers when this item was voted on.
ITEM
NO: CONF 07
FILE NO: 065610.2017
SUBJECT: Legal
Affairs Report
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RECOMMENDATION
That Council receives and notes
the report concerning the Legal Affairs of Council.
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COUNCIL DECISION
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Motion: Moved:
Clr Karnib Seconded:
Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
THE MEETING CLOSED AT 10.00pm
<Signature>
Name:
Wendy Waller
Title: Mayor
Date: 26 April 2017
I have authorised a stamp bearing my signature to be
affixed to the pages of the Minutes of the Council Meeting held on 29 March 2017. I confirm that Council
has adopted these Minutes as a true and accurate record of the meeting.
