MINUTES OF THE Ordinary Meeting
HELD ON 28 February 2024
PRESENT:
Mayor Ned Mannoun
Councillor Ammoun
Councillor Goodman
Councillor Dr Green
Councillor Hadid OAM
Councillor Harle
Councillor Kaliyanda
Councillor Karnib (online)
Councillor Macnaught
Councillor Rhodes
Hon John Ajaka, Chief Executive Officer
Mr Farooq Portelli, Director Corporate Support
Ms Tina Bono, Director Community & Lifestyle
Ms Lina Kakish, Director Planning & Compliance
Ms Michelle Mcilvenny, Director Customer Experience & Business Performance
Mr Shayne Mallard, Director City Futures
Mr Jason Breton, Director Operations
Ms Suzanne Kendall, Acting General Counsel
Mr Charles Wiafe, Principal Transport Planner
Mr Vishwa Nadan, Chief Financial Officer
Ms M’Leigh Brunetta, Civic and Executive Services Lead
Ms Melissa Wray, Councillor Executive and Support Officer
Ms Susan Ranieri, Coordinator Council and Executive Services
The meeting commenced at 2.01pm.
STATEMENT REGARDING WEBCASTING OF MEETING |
The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice (other than the Public Forum Section), the meeting is being livestreamed. |
ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION |
The prayer of the Council was read by Pastor Shane Bywater from Fellowship Baptist Church. |
NATIONAL ANTHEM |
The National Anthem was played at the meeting. |
COUNCILLORS ATTENDING REMOTELY
Clr Karnib has requested permission to attend this meeting via MS Teams. Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught That Clr Karnib be granted permission to attend the meeting via MS Teams.
On being put to the meeting the motion was declared CARRIED.
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Nil.
Nil.
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That the minutes of the Ordinary Meeting held on 7 February 2024 be confirmed as a true record of that meeting.
On being put to the meeting the motion was declared CARRIED. |
The Hon. John Ajaka, CEO declared a non-pecuniary, but significant interest in the following item:
Item: Plan 04 - Lot 2 Newbridge Road, Moorebank - Issues and Options Report
Reason: He has provided advice previously prior to his appointment of CEO of this Council.
The Hon. John Ajaka left the Chambers for the duration of the item.
Mayor Mannoun declared a non-pecuniary, less than significant interest in the following item:
Item: CONF 04 – Legal Affairs Report (item 42)
Reason: Mayor Mannoun worked with that firm listed in the report.
Mayor Mannoun left the Chambers for the duration of the item.
Presentation – items not on agenda
1. Mr Adam Farhan addressed Council on the following item:
Item: Request to lift bond /conditions imposed on The Sabaean Mandaean Association in Australia Ltd to do work.
Mayor Mannoun granted a two minute extension to Mr Farhan.
2. Dr Bushra Alobaidi addressed Council on the following item:
Item: Presenting our non-profit organisation the Iraqi Australian University Graduates forum.
Mayor Mannoun granted a two minute extension to Dr Alobaidi.
3. Ms Jennifer French addressed Council on the following item:
Item: Mt Omei Interim Heritage Order.
4. Ms Nadine Wheeler addressed Council on the following item:
Item: Mt Omei Arts Precinct.
Mayor Mannoun granted a two minute extension to Ms Wheeler.
5. Mr Van Klaphake addressed Council on the following item:
Item: Mt Omei Arts Precinct.
Mayor Mannoun granted a two minute extension to Mr Klaphake.
Representation – items on agenda
1. Mr Mo Shahrokhian addressed Council on the following item:
Item: PLAN 03 - Conservation Zones Study and Draft Planning Proposal for additional Conservation Zone Land under Liverpool LEP 2008.
Mayor Mannoun granted a two minute extension to Mr Shahrokhian.
2. Mr Tony Marcocci addressed Council on the following item:
Item: PLAN 03 - Conservation Zones Study and Draft Planning Proposal for additional Conservation Zone Land under Liverpool LEP 2008.
Mayor Mannoun granted a two minute extension to Mr Marcocci.
3. Ms Antonietta Marcocci addressed Council on the following item:
Item: PLAN 03 - Conservation Zones Study and Draft Planning Proposal for additional Conservation Zone Land under Liverpool LEP 2008.
Mayor Mannoun granted a two minute extension to Ms Marcocci.
4. Ms Angelina Kauffman addressed Council on the following item:
Item: Notice of Motion – Memorial for Alina Kauffman & Ernesto Salazar
Mayor Mannoun granted a two minute extension to Ms Kauffman.
Motion: Moved: Mayor Mannoun Seconded: Clr Goodman
That item NOM 02 – Notice of Motion – Memorial for Alina Kauffman & Ernesto Salazar be brought forward and dealt with now.
On being put to the meeting the Motion was declared CARRIED.
FILE NO: 048551.2024
SUBJECT: Notice of Motion – Memorial for Alina Kauffman & Ernesto Salazar
Background
On 1 September 2023, our community was left in shock when Alina Kauffman, 24, and her younger brother Ernesto Salazar, 15, were killed in a horrific collision.
Alina was a student nurse and worked with the elderly, while Ernesto had only recently started working at Kmart. These two beautiful lights in our community were taken well before they should have.
This senseless tragedy ignited our community to rally around the Kauffman family and friends, especially Alina and Ernesto’s mum Angelina. There has been a makeshift memorial established by the community, at Sadleir Ave, Heckenberg.
It is a stark reminder that the choices of some can have lifelong impacts on others, and on our broader community.
NOTICE OF MOTION (submitted by Clr Kaliyanda)
That Council:
1. Install a bench, fruit tree and memorial at Sadleir Ave, Heckenberg, where Alina and Ernesto were killed. This memorial will serve as a lasting tribute to their lives and a reminder of the impact that senseless violence can have on individuals and communities. The fruit tree has specifically been requested so that any young person who is hungry can help themselves to fruit from the tree. 2. Consult with the Kauffman Family to design a plaque installation at that location.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Goodman
That Council:
1. Install a bench, fruit tree and memorial at Sadleir Ave, Heckenberg, where Alina and Ernesto were killed. This memorial will serve as a lasting tribute to their lives and a reminder of the impact that senseless violence can have on individuals and communities. The fruit tree has specifically been requested so that any young person who is hungry can help themselves to fruit from the tree; 2. Consult with the Kauffman family and friends on the proposed plaque design for installation at the location;
3. Write to the State Government to support Ms Kauffman’s petition demanding consistency in sentences to serious road crimes; and
4. Promote on its social media to raise awareness and tribute the life and the legacy of Alina Kauffman and Ernesto Salazar.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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Clr Macnaught left the Chambers at 3.14pm.
Clr Macnaught returned to the Chambers at 3.16pm.
MOTION OF URGENCY
ITEM: MAYOR 02 SUBJECT: Liverpool City Council Streetscape Policy REPORT OF: Mayor Mannoun
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Motion: Moved: Mayor Mannoun
That: 1. Council create a policy that states that footpaths in the city centre are reconstructed as per council’s streetscape, paving, and domain master plan policy only when the subject site is demolished and built; 2. Development applications for change of use or fit outs are not subject to the imposition of repaving and footpath works noting the significant cost of such a condition has;
4. Council consider in the proposed Policy the opportunity for a special funding arrangement where a percentage of each development and/or DA contribution is allocated to the Policy for program execution.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 394112.2023
SUBJECT: Completion of Planning Agreements associated with development applications involving the Bernera Road Intersection Upgrade.
Motion: Moved: Clr Rhodes Seconded: Clr Macnaught
That Council:
1. Note that the Planning Agreements referenced in Table 1 of this Report have been completed.
2. Notify the Applicants referenced in Table 1 of this Report about the completion of their respective Planning Agreements.
3. Remove the listed Planning Agreements from their respective Land Titles (if required).
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 423629.2023
SUBJECT: Draft Principal Planning Proposal to establish a new Liverpool Local Environmental Plan
Motion: Moved: Clr Macnaught Seconded: Clr Harle
That Council defer this item for a workshop and consider calling an Extraordinary Council meeting after the workshop has been held.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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FILE NO: 013537.2024
SUBJECT: Conservation Zones Study and Draft Planning Proposal for additional Conservation Zone Land under the Liverpool Local Environmental Plan 2008
Motion: Moved: Clr Macnaught Seconded: Clr Ammoun
That Council:
1. Notes the outcomes of the initial public exhibition period and Liverpool Local Planning Panel;
2. Endorse the Final Conservation Zones Study with respect to the Council / State owned sites only;
3. Endorses in principle the land use zone and development standard recommendations (as revised) in the draft Planning Proposal for the Council / State owned sites only .
4. Does not endorse any changes to the zoning on the privately owned properties.
5. Incorporate the land use zone and development standard recommendations outlined in Points 2 and 3 into the Principal Planning Proposal for a new Liverpool Local Environmental Plan;
6. Subject to a Gateway determination, undertake public exhibition and community consultation in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022;
7. Receives a further report on the outcomes of the public exhibition period; and
8. Delegate to the CEO (or delegate) to amend the draft Planning Proposal and attachments for any typographical and other minor errors / amendments if required.
On being put to the meeting the motion (moved by Deputy Mayor Macnaught) was declared CARRIED and the Foreshadowed motion (moved by Clr Rhodes) therefore lapsed.
Vote for: Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid, Clr Harle, Clr Karnib and Clr Macnaught
Vote against: Clr Green, Clr Kaliyanda and Clr Rhodes
Foreshadowed motion: Moved Clr Rhodes Seconded: Clr Green
That the recommendation be adopted.
RECESS
Mayor Mannoun called a recess of meeting at 4.05pm
RESUMPUTION OF MEETING
Mayor Mannoun resumed the meeting in open session at 4.32pm with all Councillors present.
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FILE NO: 015365.2024
SUBJECT: Lot 2 Newbridge Road, Moorebank - Issues and Options Report
Motion: Moved: Clr Macnaught Seconded: Clr Rhodes
That Council:
1. Notes the DPHI request for additional information to be provided by Council in support of the Planning Proposal;
2. Allocates a total budget of $100,000 (from general funds) to undertake the flooding and economic studies requested by the DPHI prior to re-seeking a Gateway determination for the Planning Proposal;
3. Forwards an updated Planning Proposal to the DPHI pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination with a request that the Gateway determination be conditioned requiring a site-specific Development Control Plan (DCP) to be prepared and Voluntary Planning Agreement negotiated prior to public exhibition;
4. Subject to Gateway determination, undertake community consultation for the Planning Proposal in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022; and
5. Receives a further Report on the outcomes of public exhibition and community consultation.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 038856.2024
SUBJECT: Quarterly Report - Clause 4.6 Variations to Development Standards
Motion: Moved: Clr Harle Seconded: Clr Hadid
That Council receives and notes this report.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 405998.2023
SUBJECT: Adoption of the amended Grants Donations and Community Sponsorship Policy and Endorsement of the Sport Grants and Donations Policy
Motion: Moved: Clr Macnaught Seconded: Clr Harle
That Council:
1. Adopt the amended Grants, Donations and Community Sponsorship Policy;
2. Endorse the new Sporting Grants and Donations Policy;
3. Place the Sporting Grants and Donations Policy on public exhibition for a period of 28 days; and
4. Following the exhibition period, receive a further report outlining any feedback or, if no significant community feedback is received, direct the CEO to adopt the Policy on behalf of Council.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 029565.2024
SUBJECT: Grants Donations and Community Sponsorship Report
Motion: Moved: Clr Macnaught Seconded: Clr Rhodes
That Council:
1. Endorses the funding recommendation of $15,000 (GST exclusive) under the Community Grant Program for the following projects:
2.
Endorses the funding recommendation of $11,000
(GST exclusive) under the Matching Grant Program for the following
project:
3. Endorses the funding recommendation of $10,000 (GST exclusive) under the Community Sponsorship Program for the following project:
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 045325.2024
SUBJECT: 2024 National General Assembly of Local Government
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That:
1. Any Councillor who wishes to attend the 2024 National General Assembly of Local Government notify the Councillor Support by 15 March 2024;
2. Any Councillor who wishes to propose motion/s to be submitted to the NGA, provide the proposed motion/s to the Councillor Support by 15 March 2024.
3. Any proposed motions will be forwarded to all Councillors for any comment / feedback prior to CEO approval and submitting to the NGA by the 29 March 2024 deadline.
4. Council resolutions resolved in the past 12 months that relate to federal motions come to a briefing session for Councillors consideration.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 046444.2024
SUBJECT: Community Forums
Motion: Moved: Clr Ammoun Seconded: Clr Goodman
That Council receive and note this report.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 021438.2024
SUBJECT: Amendment to Civic Expenses and Facilities Policy
Motion: Moved: Clr Rhodes Seconded: Mayor Mannoun
That this item be deferred.
On being put to the meeting the motion was declared CARRIED.
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Clr Hadid left the Chambers at 5:03pm.
Clr Hadid returned to the Chambers at 5:05pm.
FILE NO: 031090.2024
SUBJECT: Public Interest Disclosures Policy
Motion: Moved: Clr Rhodes Seconded: Clr Macnaught
That Council:
1. Endorse the draft ‘Public Interest Disclosures Policy’ at Attachment 1 for public exhibition for a period of not less than 28 days.
2. Agree that if no submissions are received, then the publicly exhibited policy should be adopted, subject to any non-significant amendments that the CEO may authorise.
3. Agree that the Ethical Governance: Internal Reporting Policy be revoked upon adoption of the Public Interest Disclosures Policy.
4. Note that any submissions on the proposed policy will be reported to a subsequent meeting of Council.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 034876.2024
SUBJECT: 2023/24 - Quarter 2, Budget Review
Motion: Moved: Mayor Mannoun Seconded: Clr Goodman
That Council:
1. Approves the identified budget variations in accordance with this report; and
2. Allocates 50K from General Funds to create a position of security and asset management for this financial year.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 035121.2024
SUBJECT: Investment Report January 2024
Motion: Moved: Clr Green Seconded: Clr Harle
That Council receive and note this report.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 006178.2024
SUBJECT: Biannual Progress Report - December 2023
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council notes and receives the Biannual Progress Report July to December 2023 which outlines the progress of Principal Activities detailed in the Delivery Program 2022-2026 and Operational Plan 2023-2024.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 442616.2023
SUBJECT: Temporary Asphalt Footpaths - Austral, Leppington
Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught
That Council:
1. Prepare as a new initiative in next years’ budget, the allocation of $600k for the installation of asphalt footpaths in Austral;
2. Provide a process for community members to recommend locations for footpaths in Austral;
3. Direct the CEO to immediately prepare for the work to commence in July 2024 in anticipation of the adoption 24/25 budget;
4. Thank the local member Nathan Hagarty for his letter and write to him asking him to match the funding as proposed by Council; and
5. Adopt the proposed funding of $200k per year for the ongoing years as proposed in the original recommendation.
On being put to the meeting the motion was declared CARRIED.
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Clr Kaliyanda retired from the meeting at 5.28pm.
FILE NO: 027971.2024
SUBJECT: Brickmakers Creek Master Plan
Motion: Moved: Clr Macnaught Seconded: Clr Ammoun
That Council adopts the Brickmakers Creek portion of the Woodward Place Master Plan.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 039751.2024
SUBJECT: Liverpool Growth Centre Biodiversity Offset Strategy for Water Cycle Management Infrastructure
Motion: Moved: Clr Green Seconded: Clr Ammoun
That Council:
1. Adopt the offset strategy of purchasing biodiversity credits from a stewardship site within the Growth Centres; 2. Authorise Director Operations to finalise an agreement with the Western Sydney Parkland Trust for the purchase of the credits; 3. Allocate funds for the purchase of the credits from the WSPT; 4. The CEO writes to the NSW Minister for planning seeking compensatory funding or another means of assistance to reduce Council’s financial burden in relation to off-sets; and
5. Write to all Liverpool LGA State Members and the Minister for Planning the issue, and detail the impacts on delivery timelines, as a growth LGA.
On being put to the meeting the motion was declared CARRIED.
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Mayor Mannoun left the Chambers at 5.41pm and Clr Macnaught, as the Deputy Mayor, became the Chairperson.
Mayor Mannoun returned to the Chambers at 5.46pm.
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That items CTTE 02, CTTE 03, CTTE 04 and CTTE 05 be moved as a whole.
On being put to the meeting the motion was declared CARRIED.
FILE NO: 034504.2024
SUBJECT: Minutes of the Liverpool Local Traffic meeting held on 31 January 2024
Motion: Moved: Clr Harle Seconded: Clr Hadid
That Council:
1. Notes Liverpool Local Traffic Committee recommendations for items 1-12 outlined in the Report.
2. Investigates the possibility of utilising TfNSW mobile speed cameras to known problem areas within the LGA and bring a report to the April Council meeting.
3. Writes to the Minister to advocate to establish a traffic summit in Liverpool, due to having the highest amount of traffic incidents, to address ongoing traffic concerns.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 036336.2024
SUBJECT: Minutes of the Companion Animals Advisory Committee meeting held on 5 December 2023
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council receives and notes the Minutes of the Companion Animals Advisory Committee Meeting held on 5 December 2023.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 045071.2024
SUBJECT: Audit, Risk and Improvement Committee minutes 2 February 2024
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council approves the Minutes of the Audit, Risk and Improvement Committee Meeting held on 2 February 2024.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 047079.2024
SUBJECT: Minutes of the Governance Committee meeting held on 13 February 2024
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council:
1. Receives and notes the Minutes of the Governance Committee meeting held on 13 February 2024; and 2. Endorse the recommendations in the Minutes.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 047254.2024
SUBJECT: Minutes of the Project Control Advisory Committee Meeting held on 13 February 2024
Motion: Moved: Mayor Mannoun Seconded: Clr Hadid
That Council:
1. Receives and notes the Minutes of the Project Control Advisory Committee meeting held on 13 February 2024; and 2. Endorse the recommendations in the Minutes.
On being put to the meeting the motion was declared CARRIED.
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Clr Harle left the meeting at 5.52pm.
Clr Harle returned to the meeting at 5.58pm.
Clr Hadid left the meeting at 6.04pm.
Clr Hadid returned to the meeting at 6.06pm.
FILE NO: 046791.2024
SUBJECT: Question with Notice - Clr Rhodes - How did neighbouring councils clean up their illegal drug related issues and why has Liverpool not done the same
Clr Rhodes made the following presentation
Koalas in Liverpool
I present this report in support of the urgent continuing need for koala conservation in South West Sydney and outline the updated Koala observations in Liverpool and some of the identified strategies needed in our LGA to contribute to this crucial effort.
Koalas, our iconic Australian marsupials, are facing a multitude of threats to their survival, including habitat loss, climate change, disease, and bushfires.
Liverpool, is home to significant koala populations, and their numbers are increasing mainly due to their habitats south of Liverpool that are increasingly fragmented and degraded due to urbanization. I was recently informed that many of the reported sightings from Wildlife organisations were not being uploaded onto the official data base, which would have shown a reported even greater increase in Liverpool Koala populations.
From the attached “Koalas in the Sydney Basin” brochure, you can see how an important a roll the Defence Lands play in the provision of Koala Habitat in Liverpool.
It also explains the increased sightings in areas of Wattle Grove, Moorebank, Holsworthy, Casula and explains why Deadman’s Creek is now recognised as the most dangerous kill zone for Koalas along Heathcote Road, as they attempt to cross into Voyager, Pleasure and Sandy point.
A recent onsite meeting with Catherine Reynolds and John Souvleris from Sutherland Shire Environment Centre, the Honourable Member for Holsworthy, Ms Tina Ayyad, Charles Wiafe, Liverpool Council Traffic Manager, Stuart Vowles from the Sandy Point Residents Association, and myself, observed the urgent need to install a wildlife fence along Heathcote Road; improve the underpass that will entice wildlife to cross the Heathcote Road in safety; and the need for traffic mitigation measures such as decreasing speed limits and installing electronic Koala warning signs.
From October 2022 to October 2023 there were 9 Koalas killed at Deadman’s Creek. The significance of this increasing number when added to Appin Road and other kill zones, is frightening when it only takes 3% of the Koala population to be killed, for all efforts to conserve the Koala’s of South West Sydney to be in actual decline.
A 2021 report detailed measures to stop Koalas accessing the Deadman’s Creek Kill zone, however 2 years later, the main recommendations including the wildlife fence have not been enacted upon.
Action is needed now, we cannot delay the erection of the Wildlife fence through the next breading season.
We must stop the road kill and improve the sustainability of the Koala Population.
Liverpool is an ideal location to plant Koala Feeder trees in suitable areas throughout the Liverpool LGA.
There is an increasing concern about the availability of Koala Feeder trees in South West Sydney, with Koala Sanctions and Zoos finding it harder and harder to source Koala Feed for their animals, they are harvesting their needs from the ever decreasing number of trees available in the natural habitat.
The decrease in feeder trees in the natural habitat is under pressure not only from habitat destruction through urbanisation and bushfires, but also the growing demand for food for captive Koalas.
This emerging new threat to sustainable wild Koala habitat could be addressed through possible Liverpool Council collaboration with the Western Sydney Parklands and Department of Defence to encourage the opportunity to plant Koala trees in our open space corridors and parks.
If we are to save our Koala populations it is essential that Liverpool Council continues to work in collaboration with our neighbouring LGAs, TfNSW, The Sydny Parklands Authority, and Defence and also in collaboration with Sutherland Shire Environment Centre, Wires, Sandy Point Residents Association as well as concerned Liverpool constituents and property owners.
Koalas are not only a beloved symbol of Australia but also a keystone species whose survival is crucial for maintaining healthy ecosystems. By taking proactive measures to conserve koalas in South West Sydney, Liverpool can demonstrate its commitment to environmental stewardship and leave a lasting legacy for future generations.
FILE NO: 046414.2024
SUBJECT: The Need for a Public Monument Policy
One of the responsibilities of Council is to operate a fair and equal platform of Governance that maintains consistency in decision making. Council often has policies to assist the consideration of Council where it will be required on numerous different occasions, a recommendation which requests some desired same action from Council.
Such a policy does not diminish the decisions making capabilities Councillors, it does not diminish the opportunities for recommendations to be made by a Councillor or any member of the public. It is a manner of governance that will ensure all recommendations are considered in an equal, fair and consistent way.
Liverpool Council is in need of a Public Monument Policy that will maintain consistent, fair and equal considerations in regards to all requests for Public Monuments.
NOTICE OF MOTION (submitted by Clr Rhodes)
That Council:
1. Prepare a Public Monument Policy and bring it back to Council at the April Council meeting for consideration of Councillors; and 2. Provide the necessary funds for cost of preparing the Policy from general revenue.
COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Mayor Mannoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Motion to move as a whole
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That items CONF 01, 02, 03, 06, 07 and 08 be moved as a whole.
On being put to the meeting the motion was declared CARRIED.
FILE NO: 034674.2024
SUBJECT: Environment Advisory Committee - Appointment of Committee Membership
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Appoints the following representatives to the Environment Advisory Committee in accordance with the terms of their appointment in the EAC Charter.
(a) Community Membership 1. Mr Simon Messina 2. Mr Stephen Dobell-Brown 3. Ms Rosalyn Faddy 4. Ms Ellie Robertson 5. Mr Robert Storey 6. Ms Signe Westerberg
(b) Industry Membership · Georges Riverkeeper – Mr Robert Dixon
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 256464.2023
SUBJECT: Acquisition of a Drainage Easement from 275 Fifteenth Avenue, Austral, for Basin 29 Austral
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Directs the CEO and/or his delegates to continue to negotiate with landowner of 275 Fifteenth Avenue, Austral in an attempt to acquire the necessary drainage easements by negotiation within the statutory periods outlined in the Land Acquisition (Just Terms Compensation) Act 1991;
2. Delegates authority to, and directs the CEO and/or his delegates, in the event agreement cannot be reached, to proceed with all necessary steps to give effect to the compulsory acquisition of the property for drainage purposes;
3. Delegates authority to, and directs the CEO and/or his delegates to proceed with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice and commence compulsory acquisition of part of 275 Fifteenth Avenue, Austral in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;
4. Delegates authority to the CEO and/or his delegates to negotiate with the landowner, to acquire the drainage easements, up to the amount contained in this confidential report, without having to submit a further report to Council for approval;
5. Keeps confidential the information contained in this report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and
6. Authorises the CEO or delegate to execute all documents necessary to give effect to these resolutions.
On being to the meeting the motion was declared CARRIED.
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FILE NO: 039996.2024
SUBJECT: Purchase of Lot 17 in Plan of Acquisition DP 1291309 (Part Lot 102 DP 1268824), 135 Kurrajong Road, Prestons for road widening
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Purchases Lot 17 in Plan of Acquisition DP 1291309, 135 Kurrajong Road Prestons for the price and terms as outlined in this report;
2. Upon settlement classifies Lot 17 in Plan of Acquisition DP 1291309 as “Operational Land” to allow dedication as public road;
3. Upon acquisition, dedicates Lot 17 in Plan of Acquisition DP 1291309 as Public Road pursuant to Section 10 of the Roads Act 1993 and proceed with lodgement of a Request document at Land Registry Services to formally dedicate the land as public road;
4. Keeps confidential this report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business; and
5. Authorises the CEO or delegate to execute all documents necessary to give effect to these resolutions.
On being to the meeting the motion was declared CARRIED.
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FILE NO: 038418.2024
SUBJECT: Legal Affairs Report
This item was dealt with later in the meeting.
FILE NO: 036447.2024
SUBJECT: WSIG – Extension of Contractor (Maran)
This item was dealt with later in the meeting.
FILE NO: 025568.2024
SUBJECT: WT3231 - Macquarie Street (Mid-block) Streetscape Improvements
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Accept the Tender from Convil Group Pty Ltd for Stage 1 and Stage 2, Tender WT3231 - Macquarie Street (mid-block) Streetscape Improvements for 12-month contract term at the price of $3,721,087.43 GST inclusive. 2. Makes public its decision regarding tender WT3231 - Macquarie Street (mid-block) Streetscape Improvements. 3. Notes that the Chief Executive Officer will finalise all details and execute the contract under delegated authority. 4. This report has been brought to Council because the
Chief Executive Officer’s instrument of delegation, approved by Council
in accordance with the current provisions of section 377 of the Local
Government Act 1993, only permits the Chief Executive Officer to approve (and
not to reject) tenders up to a value of $2 million. 5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it. On being to the meeting the motion was declared CARRIED.
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FILE NO: 048252.2024
SUBJECT: Minutes of the Project Control Advisory Committee Meeting held on 13 February 2024
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Receives and notes the Minutes of the Project Control Advisory Committee meeting held on 13 February 2024; and 2. Endorse the recommendations in the Minutes.
On being to the meeting the motion was declared CARRIED.
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FILE NO: 393991.2023
SUBJECT: Receival, Processing or Disposal of Waste , Organics and Bulky Waste
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Accept the Tender from Cleanaway Pty Ltd for Tender ST3223 – Receival, Processing or Disposal of Waste, Organic and Bulky Waste for an initial five (5) year contract term with the option of extending an additional five (5) years at the GST inclusive price of $40,909,620.
2. Accept the Tender from Australian Native Landscape Pty Ltd (ANL) for Tender ST3223 – Receival, Processing or Disposal of Waste, Organic and Bulky Waste for an initial five (5) year contract term with the option of extending an additional five (5) years at the GST inclusive price of $28,945,910.
3. Accept the Tender from Bingo Industries Pty Ltd for Tender ST3223 – Receival, Processing or Disposal of Waste, Organic and Bulky Waste for an initial five (5) year contract term with the option of extending an additional five (5) years at the GST inclusive price of $6,386,370.
4. Makes public its decision regarding Tender ST3223 – Receival, Processing or Disposal of Waste, Organic and Bulky Waste.
5. Notes that the Chief Executive Officer will finalise all details and execute the Contracts under delegated authority following publication of draft Minutes on Council website for the tender.
6. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being to the meeting the motion was declared CARRIED.
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FILE NO: 036447.2024
SUBJECT: WSIG – Extension of Contractor (Maran)
Motion: Moved: Clr Harle Seconded: Clr Ammoun
That Council:
1. Notes that a Recognised Contractor Listing for Project Management Services is currently in progress and will be able to be utilised for the purposes of work under the Western Sydney Infrastructure Grants Program (WSIG) once it is finalised later this year.
2. Approves, for the purposes of the tendering requirements under s.55(3)(i) of the Local Government Act 1993, the engagement of Maran Property Consulting Pty Limited (Maran) for up to a further 12 months as the provider of project management services for Light Horse Park and Brickmakers Creek Projects (the Projects) as a satisfactory result would not be achieved by inviting tenders because of the following extenuating circumstances:
a. WSIG funding for the Projects is contingent on meeting certain milestones;
b. Maran has been successfully delivering project management services on the Projects since May 2023;
c. there is currently a lack of internal resources available for major project management services; and
d. a gap in provision of professional management services would mean the Projects would not meet the required timeframe for the WSIG and potentially prejudice the funding.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 038418.2024
SUBJECT: Legal Affairs Report
Motion: Moved: Clr Harle Seconded: Clr Green
That Council notes the report.
On being put to the meeting the motion was declared CARRIED.
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<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 27 March 2024
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 28 February 2024. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.