That the minutes of the Ordinary Meeting held on 30 September 2015 and reconvened on 6 October 2015 be confirmed as a true and accurate record of the meeting subject to the following changes:

1.    CFO 04 - Appointment of Councillors to Committees and Affiliated Bodies, on pages 51-54 of the minutes:

·         Audit and Risk Committee

The Deputy Mayor, Clr Hadchiti to be added to the list of Committee representatives in accordance with the Committee's Charter.

·         Economic Development and Events Committee

Mayor Mannoun to be added to the list of Committee representatives in accordance with the Committee's Charter.

The Committee's Charter be amended to remove the Deputy Mayor and amend the membership on the Committee to the Mayor and five Councillors.

·         Youth Council

The Committee's Charter be amended so that two Councillors are members of the Committee.

·         Westpool

Council to note: At the previous council meeting, Council resolved that Clr Ristevski be its representative on Westpool. Council has since been advised that the Westpool elected representatives are appointed for the term of council. Council staff are currently clarifying what the process is if the existing Westpool elected representative resigns.

2.    NOM 05 - Customer Service, on pages 27-28 of the minutes:

The following additional point to be added to point 5 of the resolution as follows:

“Survey staff morale”

Point 5 of NOM 05 from the previous meeting is to therefore read as follows:

“In relation to the smell of raw sewerage which is currently in the Customer Service area:

·      Staff to be moved to a safe place to work that is not impacted by the smell.

·      Work to fix the source of the smell be arranged immediately.

·      Any carpets that have been impacted be replaced as a matter of urgency.

·      A report be prepared on how this matter was handled and why it has been allowed to drag on for six days.

·      Survey staff morale.”

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

With the Christmas period fast approaching, Council will be planning Christmas decorations, such as banners and Christmas trees, which will be placed throughout the Liverpool community.

Christmas celebrations are a strong tradition in Australia and celebrated by most of the Australian community. It’s a time for many families to get together and celebrate their religious faith or to celebrate the festive season and holidays.

Indeed Liverpool has a strong tradition of celebrating the spirt of Christmas. Liverpool is a rich multicultural community with people from many cultures and faiths and Liverpool has a proud history of embracing the celebrations of significant and differing religious faiths.

While recognising the debates surrounding the political correctness of the Christmas season, it is important to also recognise that this is the season of goodwill where we celebrate our families and enjoy our all Australian celebrations.

In the traditions of the Christmas season, Council should use the words “Merry Christmas” on all Council Christmas material that will be displayed in the community such as Christmas banners and flags and any other material containing text that will be displayed throughout the community.

RECOMMENDATION

That Council:

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

2.   Recognises, embraces and respects all religions and cultures within our diverse community.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

On Wednesday 21 October 2015, Dr Ken Silburn a science teacher in the Faculty of Science at Casula High School was a recipient of the Prime Minister’s Prizes for Science for excellence in teaching.

Dr Silburn started teaching at Casula High School in 2000 and reportedly, at that time, only eight year 11 students were enrolled in science subjects for the Higher School Certificate. Fast forward to today, there are now more than 80 year 11 students taking at least one science subject.

Within the science faculty at Casula High School, Dr Silburn teaches Forensic Science where he integrates technology in the classroom, such as mobile phones and tablets. For one of the units in his curriculum, Dr Silburn set up an artificial crime scene and students were required to examine the scene, take photos using their phones and other methods commonly used crime scene investigators and were asked as part of the assessment to go away and solve the mystery using the evidence they had gathered.

It is an outstanding achievement for Dr Stilburn to receive such a prize and recognition. It is also a testament to Casula High School and to the local community that great results are coming out of their science faculty. Dr Stilburn has engineered away to really get school kids within the local community to engage in academia but is also in an interesting practical level.

As well as teaching science, Dr Stilburn also helps run iSTEM, a science outreach program. The program is designed to invigorate science, technology, engineering and mathematics and ranges from robotic workshops, Mars lab, tours of the nuclear reactor at Lucas Heights and international trips to Space Camp in Huntsville, Alabama.

RECOMMENDATION

That Council:

1.   Congratulate and acknowledge Dr Ken Stilburn for being a recipient of a prize from the Prime Minister’s Prizes for Science.

2.   Acknowledge the fantastic work Dr Stilburn has achieved with Casula High School.

3.   Congratulate Casula High School on the success of Dr Stilburn as a teacher on their staff.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

The Moorebank Voluntary Acquisition Scheme (MVAS) involves the progressive acquisition of properties located within the Moorebank floodway area of the Georges River. The properties that are the subject of this scheme are located along Newbridge Road east of Davy Robinson, along Rickard Road and Arthur Street.

On 24 April 2013, Council resolved to temporarily suspend the allocation of funds towards this scheme, given the financial constraints it placed on Council. As part of that resolution, Council also resolved to write to the Federal and State Governments detailing the burden this scheme placed on Council.  It is disappointing that additional funding has not been made available to assist Council in managing these issues.

Council also sought legal advice on public safety and risk issues associated with the Moorebank flood way.  After reviewing legal advice provided to Council last week, I consider it necessary for public safety reasons that the Moorebank Voluntary Acquisition Scheme be reinstated. Additionally, compliance procedures regarding unauthorised building works need to be reactivated.

RECOMMENDATION

That Council:

1.   Reinstate the Moorebank Voluntary Acquisition Scheme and commit to purchasing a minimum of one property per year on a voluntary or compulsory basis within Council’s fiscal constraints;

2.   Write to the State and Federal Government outlining the financial burden on Council and seeking additional funds to assist with acquisition costs;

3.   Write to residents / owners affected by the Moorebank Voluntary Acquisition Scheme and provide current information with regard to flood constraints, flood evacuation procedures and potential risks associated with living within a flood way;

4.   Recommence compliance action against unauthorised building or structural works on properties within the Moorebank Voluntary Acquisition Scheme area;  and

5.   Initiate a dialogue with emergency services regarding emergency procedures and related strategies to assist residents within the Moorebank Voluntary Acquisition Scheme area.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That Council:

1.   Reinstate the Moorebank Voluntary Acquisition Scheme and commit to purchasing a minimum of one property per year on a voluntary or compulsory basis within Council’s fiscal constraints;

2.   Write to the State and Federal Government outlining the financial burden on Council and seeking additional funds to assist with acquisition costs;

3.   Write to residents / owners affected by the Moorebank Voluntary Acquisition Scheme and provide current information with regard to flood constraints, flood evacuation procedures and potential risks associated with living within a flood way;

4.   Recommence compliance action against unauthorised building or structural works on properties within the Moorebank Voluntary Acquisition Scheme area;  and

5.   Initiate a dialogue with emergency services regarding emergency procedures and related strategies to assist residents within the Moorebank Voluntary Acquisition Scheme area.

6.    Not deal with CONF 01 as the matter was covered in this motion.

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

Here in Liverpool we take pride in our melting pot of different cultures and communities where so many people from across the world come to live with us in this beautiful area. Today I would like to recognise the Mandaean community in Liverpool represented by the Sabaean Mandaean Association in Australia who have been well-established in Sydney’s west for many years now acting as a charitable organisation established in 1986.

Mandaean culture and religion traces back over 2000 years following the teachings of John the Baptist. Living on the banks of the Tigris and Euphrates rivers the Mandaean people hold a reverence to the flowing of their fresh water and fertile lands of region. These waters would play a sacred role in their ritual baptisms and prayers spoken in the Mandaean dialect, dating back to the language of Jesus and Ancient Aramaic. These religious practices and prayers in Ancient Mandaean continue today, an unceasing tradition for those 2000 years, here in Sydney’s Great South West.

The Mandaean community have come to our country seeking refuge and a better life away from the hardships that war and conflict have brought upon them in their homeland of southern Iraq. The Mandaean religion is renowned for its pacifist nature and rejection of violence, and for a people who are proud of their negotiating and entrepreneurial prowess.

Liverpool has one of the largest Mandaean populations in the country with over five and a half thousand people living here practicing their beliefs and we are much the better for their presence. Famous for their skills in jewellery making and business acumen the Mandaean community of Liverpool is one of the key economic forces attributing to our prosperity.

The Mandaean religion is made up of four pillar stones, one of which being charity which we see exercised out of their church in the old fire station on Terminus Street. However another key pillar is the ritual of baptism in fresh running waters. Since their establishment, such ceremonies have been conducted in the Nepean however a place closer to where the community lives is required.

As a council that supports the multiculturalism of Australia, fostering people’s right to practice their cultural beliefs while assimilating into our country, Liverpool should encourage the Mandaean people to have a baptismal area along the Georges River. Having met and personally known many people of the Mandaean community here in Liverpool I can testify to the beauty of their culture and religion and acknowledge that we should be continually working for the development and encouragement of all that they represent in hard working, peaceful individuals.

RECOMMENDATION

That Council:

1.   Commits to helping the Mandaean community establish a place to perform baptism rituals in Liverpool on the banks of the Georges River.

2.   Congratulates the Sabaean Mandaean Association in Australia for the charitable works in the community.

3.   Acknowledges the long standing traditions and practices of Mandaean culture and religion tracing back over 2000 years.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That Council:

1.   Commits to helping the Mandaean community establish a place to perform baptism rituals in Liverpool on the banks of the Georges River.

2.   Congratulates the Sabaean Mandaean Association in Australia for the charitable works in the community.

3.   Acknowledges the long standing traditions and practices of Mandaean culture and religion tracing back over 2000 years.

4.    Include a transcript of the speeches made by Mr Adam Farhan and Ms Yassman Yahya during the Public Forum section of this meeting in these minutes. The transcript begins on the next page (page 15 of these minutes).

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

Many of Liverpool’s residents are pet owners and enjoy walking and exercising their dogs and the health benefits are clear.

Council should encourage this healthy pastime and ensure that our ratepayers enjoy amenities for their pets in areas where the animals do not require restraint.

Off-Leash park amenities have other benefits including social meetings and friendships that arise from dog walking groups, to the broader health benefits.

Such parks, properly located and with appropriate animal amenities available, such as drinking taps, helps create a better and happier community atmosphere for residents and their pets.

Hence Council should investigate creation of more dog friendly community spaces.

RECOMMENDATION

That Council:

1.   Prepares a report outlining areas that are potentially suitable for off leash dog parks which would have sufficient demand.

2.   Outlines the costs of creating and maintaining off-leash parks with amenities for people walking their dogs including the provision of animal drinking taps and animal waste disposal bags.

3.   Acknowledges the success of the off leash animal park at Prestons.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That the recommendation be adopted.

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

Pleasure Point currently lacks proper sidewalk and water flow infrastructure, and in some parts this infrastructure is completely non-existent. Many residents have complained about this issue and it is overdue that council looks into this.

Pleasure Point was established in 1987 and backs on to the beautiful George’s River. This area will help Liverpool accommodate the population growth that is expected over the next 10 to 20 years and provide excellent real-estate opportunity. Since its establishment it has never had the same level of infrastructure upgrades as other suburbs have benefited from.

These areas have been long overdue for the proper infrastructure and amenities that are required. To standardise Pleasure Point with the rest of the LGA we must investigate where gutters and sidewalks are required and create a plan of implementation for the area to be funded from the 2016/17 budget.

RECOMMENDATION

That Council:

1.   Council investigate upgrading sidewalks  and gutters in Pleasure Point.

2.   Subject to the outcome of this report, list these works for consideration when determining the 2016/17 capitol works budget.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That:

1.   Council investigate upgrading sidewalks and gutters in Pleasure Point.

2.    Council, subject to the outcome of this report, list these works for consideration when determining the 2016/17 capitol works budget.

3.    Council also consider other areas that have a lack of footpaths.

4.    Councillors be provided with information on why Pleasure Point has not had this infrastructure to date.

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

ITEM NO:       MAYOR 07

FILE NO:        279561.2015

SUBJECT:     Ernie Smith Reserve

The Ernie Smith Reserve is a highly utilised sporting complex used primarily for soccer. Specifically, it is highly utilised by teams that fall under the Southern Districts Soccer Football Association (SDSFA). The SDSFA boasts individual player membership of around 11,000 people from the various member clubs at the varying grade levels, from kids to adults. It is also the case that 60 per cent of the Socceroos have come from the SDSFA group.

It is important that the children of our community have the opportunity to participate in team sports as it not only assists with their development both emotionally and physically but also the importance of being within a team environment. It is therefore important that the infrastructure is in place within the community to be able to facilitate sporting activities which ultimately benefits a wide section of the community. As well as ensuring the infrastructure is in place, it is also important that existing infrastructure is examined for potential upgrades to meet the needs of the growing interest in team sport and to remain modern.

Council should partner with the SDSFA to develop a plan for an upgrade to the Ernie Smith Reserve, and work towards a masterplan. As part of working towards a masterplan, different funding models should be constructed. In constructing varying funding models, Council should also approach the State and Federal Governments for potential support.

On the basis that a satisfactory plan is put forward, Council should seek to commence a design and construct tender in line with the 2016/17 budget.

RECOMMENDATION

That Council:

1.    Work with the Southern Districts Soccer Football Association towards a masterplan consisting of funding models for an upgrade of the Ernie Smith Reserve.

2.    Investigate funding support options from the State and Federal Governments.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That Council:

1.    Work with the Southern Districts Soccer Football Association towards a masterplan consisting of funding models for an upgrade of the Ernie Smith Reserve.

2.    Investigate funding support options from the State and Federal Governments.

3.    Congratulate Southern Districts Soccer Football Association for their work in promoting soccer in Australia.

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

ITEM NO:       MAYOR 08

FILE NO:        279561.2015

SUBJECT:     Carols By Candlelight in Bigge Park

As Christmas fast approaches we look forward to the annual celebrations of the holiday period and the singing of carols. Carols by Candlelight in Liverpool is a beautiful time for the community to join together in song and Christmas festivities.

I would like to particularly acknowledge, organiser of this year’s carols Pastor John Keane who has served our community for over a decade now. Pastor Keane is well known around council for often conducting the prayer to begin proceedings at council meetings.

His work for the community cannot be understated and I would like to thank you for the great work you have done for the broader Liverpool community.

To help ensure this event, which has been running for 11 years now, continues to live up to community expectations council can increase its sponsorship of the event to the amount of $2,200. With this we can ensure that a fun and entertaining family night is enjoyed by people of all ages.

This annual event for our area demonstrates the broader unity of our population who come to enjoy a good time with the family. Carols by Candlelight will be occurring in the evening of Saturday 28^th November and I would encourage as many people as possible to attend and join us in Christmas song.

RECOMMENDATION

That Council:

1.    Acknowledges Pastor John Keane and all involved with the Carols by Candlelight celebrations for their hard work.

2.    Increases council sponsorship of the Carols by Candlelight event by $2,200.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun

That Council:

1.    Acknowledges Pastor John Keane and all involved with the Carols by Candlelight celebrations for their hard work.

2.    Increases council sponsorship of the Carols by Candlelight event by $2,200.

3.    Waive the bond fee for the use of Bigge Park for the Carols by Candlelight celebrations.

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

NOTICE OF MOTION

That Council provide details of attendees who attended on each occasion Council held an Interfaith dinner or luncheon.

The report should include the following information:

·    Number of people who attended each function.

·    The amount spent on each function.

·    How many attendees for each function were from outside our LGA.

·    Who organised and was in charge of invitations for each function.

COUNCIL DECISION

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadchiti

That Council:

1.    Provide details of attendees who attended on each occasion Council held an Interfaith dinner or luncheon.

The report should include the following information:

·    Number of people who attended each function.

·    The amount spent on each function.

·    How many attendees for each function were from outside our LGA.

·    Who organised and was in charge of invitations for each function.

2.    Cancel all Interfaith Functions in the future.

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

Mayor Mannoun read a list of Council events where pork was served and asked that this information be included in the minutes. Details are provided below:

·         Bellbird Cafe Corporate Catering Menu 2014

·         Cafe Menu - Autumn 2014

·         CasulaPH20150131-206-9314 Ben Williams Photography

·         Catering Menu and Packages 2014

·         Christmas Proms Menu

·         Collated Canape Menus

·         CUSP Launch -  5 July 2013

·         Enraptured Launch - 6 December 2013

·         Generator & Exhibition Launch 1 December 2012

·         Generator Launch - July - Dec 2012

·         Governor General Visit Lunch Menu 13 February 2013

·         Like Launch 20 July 2012

·         Nahrain Launch - 7 February 2014

·         Subject to Ruin Launch - 23 May  2014

RECOMMENDATION

That Council:

1.   Receives and endorses the 2014/15 audited financial reports;

2.   Authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer (CFO) to sign the prescribed statement that will form part of the financial reports;

3.   Authorises the CEO to issue a public notice containing a summary of financial results and put the financial reports on exhibition for 7 days to seek public submissions ; and

4.   Note that the financial reports and a summary of public submissions received will be presented to Council at its next meeting for consideration and adoption.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

That the recommendation be adopted.

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

NOTICE OF MOTION

That:

1.   A restructure occur in the Mayoral and Chief Executive Officer’s area that sees all positions except a personal assistant for both the Mayor and CEO removed from the structure.

2.   The funding for these positions be diverted to fund the legal challenge against the Moorebank Recyclers. It is no fair that the entire ratepayers fund this as this is the case currently. We Councillors should ensure there is enough money in the budget to fight this properly and not half heartedly.

3.   Any future positions created in the executive area be brought to Council for briefing and determination as the relevant industrial instrument sets out.

COUNCIL DECISION

Mayor Mannoun ruled that the motion was out of order and as such was not voted on.

Attachments

1     Memo to Mayor and Councillors - CEO Comments for NOM 02

NOTICE OF MOTION

Noting Council's Media representation policy:

"Official Council Spokespersons

 4.4  The Mayor is Council’s official spokesperson and is responsible for providing media comment and media statements about Council policies and other matters of public interest."

That a report be provided for the November 2015 Council meeting addressing the following:

1a) When did Council agree that its policy was to build a Stadium worth $600 million?

1b) Have Councillors been provided with such plans or proposals for the stadium at this cost? If so, when and how were these plans discussed?

1c) When was an agreement made that such a policy would be funded by developer contributions?

1d) What consultation has been sought and what reaction has there been to this statement from Developers and ratepayers?

1e) What risks are there to continued development in Liverpool if further costs are added to developer's levies for such a venture? Is such a levy possible under current legislation?

1f)  Why were Councillors not informed in advance of the Media Coverage of the announcement of a seemingly major outlay of ratepayers' money on this development?

2.   And answer the questions posed in the background of this notice of motion namely:

a)   Stadium Policy that is to be funded via developer contributions to the sum of $400,000,000. If we break down these costs to the $10,000 developer contribution for each unit as reported in the media, this equates to an astounding figure of 40,000 units. The following questions need to be asked:

i.    How long will it take to build 40,000 units in Liverpool? 20 years?

ii.    What if 40,000 units don’t get built? How will this project be funded? Will it become a white elephant?

iii.   Who will fund the cost overruns? Will we have to sell Council assets to fund this? Have we done a complete cost analysis? Projects of this size, nine times out of ten go over budget. We already have a $40,000,000+ debt.

b)   World on a Plate Food Truck – Council spent $42,000 on feeding Martin Place executives outside of our LGA for free when we have a homeless issue in our LGA. Question:

i.    How did we measure if this was a success or a complete waste? What benchmarks have we applied?

ii.     What benchmarks have we applied?

COUNCIL DECISION

Motion:                                  Moved: Clr Ristevski           Seconded:

Noting Council's Media representation policy:

"Official Council Spokespersons

 4.4  The Mayor is Council’s official spokesperson and is responsible for providing media comment and media statements about Council policies and other matters of public interest."

That a report be provided for the November 2015 Council meeting addressing the following:

1a) When did Council agree that its policy was to build a Stadium worth $600 million?

1b) Have Councillors been provided with such plans or proposals for the stadium at this cost? If so, when and how were these plans discussed?

1c) When was an agreement made that such a policy would be funded by developer contributions?

1d) What consultation has been sought and what reaction has there been to this statement from Developers and ratepayers?

1e) What risks are there to continued development in Liverpool if further costs are added to developer's levies for such a venture? Is such a levy possible under current legislation?

1f)  Why were Councillors not informed in advance of the Media Coverage of the announcement of a seemingly major outlay of ratepayers' money on this development?

2.   And answer the questions posed in the background of this notice of motion namely:

a)   Stadium Policy that is to be funded via developer contributions to the sum of $400,000,000. If we break down these costs to the $10,000 developer contribution for each unit as reported in the media, this equates to an astounding figure of 40,000 units. The following questions need to be asked:

i.    How long will it take to build 40,000 units in Liverpool? 20 years?

ii.    What if 40,000 units don’t get built? How will this project be funded? Will it become a white elephant?

iii.   Who will fund the cost overruns? Will we have to sell Council assets to fund this? Have we done a complete cost analysis? Projects of this size, nine times out of ten go over budget. We already have a $40,000,000+ debt.

b)   World on a Plate Food Truck – Council spent $42,000 on feeding Martin Place executives outside of our LGA for free when we have a homeless issue in our LGA. Question:

i.    How did we measure if this was a success or a complete waste? What benchmarks have we applied?

ii.      What benchmarks have we applied?

3.    Call for a report on all delegations of the Mayor to be tabled at the next Council meeting.

4.    No more media comments to be made by the Mayor and/or Councillors until the stadium policy is approved by Councillors at the next Council meeting

5.    All Councillors to be invited to All media opportunities involving Council.

6.    All Council advertising of events to change from:

“Mayor Ned Mannoun & Councillors” invite you to

To

“Liverpool City Councillors” invite you to

The motion lapsed as there was no Seconder.

Attachments

1     Memo to Mayor and Councillors - CEO Comments for NOM 03

NOTICE OF MOTION

That Council:

1.   Host a welcome reception for the Wanderers W- League team.

2.   As well as the Wanderers W-League team, invite representatives from Southern Districts Soccer Football Association (SDSFA), female players from local clubs, and selected female students from local schools interested in soccer.

3.   Hold the event in the afternoon or early evening so that Councillors, players, local female club players, and local school children can attend.

4.   Delegate Councillor Ristevski to invite all attendees

5.   Allocates up to $5,000 to host this event.

COUNCIL DECISION

Motion:          Moved: Clr Ristevski                Seconded: Clr Stanley

That Council:

1.   Host a welcome reception for the Wanderers W- League team.

2.   As well as the Wanderers W-League team, invite representatives from Southern Districts Soccer Football Association (SDSFA), female players from local clubs, and selected female students from local schools interested in soccer.

3.   Hold the event in the afternoon or early evening so that Councillors, players, local female club players, and local school children can attend.

4.   Delegate Clr Ristevski to invite all attendees in consultation with all Councillors.

5.   Allocates up to $5,000 to host this event.

Amendment:                          Moved: Clr Hadid                 Seconded: Clr Balloot

That Council:

1.   Host a welcome reception for the Wanderers W- League team.

2.   As well as the Wanderers W-League team, invite representatives from Southern Districts Soccer Football Association (SDSFA), female players from local clubs, and selected female students from local schools interested in soccer.

3.   Hold the event in the afternoon or early evening so that Councillors, players, local female club players, and local school children can attend.

4.   Delegate to the CEO to invite all attendees in consultation with all Councillors and Council staff to manage invitations.

5.   Allocates up to $5,000 to host this event.

On being put to the meeting the Amendment (moved by Clr Hadid) was declared CARRIED.

The Amendment then became the motion and on being put to the meeting was declared CARRIED.

Clr Hadchiti asked that he be recorded as voting for the motion.

Attachments

1     Memo to Mayor and Councillors - CEO Comments for NOM 04

NOTICE OF MOTION

That Council:

1.   Implement a concierge service throughout the Mall to maintain social acceptable behaviour.

2.   Establish a taskforce of Councillors to work with the Police in maintaining a permanent beat in the Mall at all times.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.    Provide a report to create a City Manager position and examine establishing a concierge, security, cleaning and cleaning staff and investigate ways to activate the mall.

2.    Review existing Committees with a view to work with police in relation to mall security.

Foreshadowed motion:       Moved: Clr Ristevski           Seconded: Clr Stanley

That Council:

1.   Implement a concierge service throughout the Mall to maintain social acceptable behaviour, by calling for a report on the costings, to be tabled at the next Council meeting.

2.   Establish a taskforce of Councillors to work with the Police in maintaining a permanent beat in the Mall at all times.

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

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

Attachments

1     Memo to Mayor and Councillors - CEO Comments for NOM 05

RECOMMENDATION

That Council approves Development Application DA-1162/2014 subject to the recommended conditions of consent attached to the Council officer’s IHAP report (See Attachment 2).

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Karnib

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 Karnib

                                                Clr Shelton

Vote against:                         Clr Stanley

                                                Clr Waller

Note: Clr Mamone and Clr Ristevski were not in the Chamber when the item was voted on.

RECOMMENDATION

That Council approves development application DA-997/2014 subject to conditions of consent contained within the Council officer’s IHAP report (see Attachment 2).

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.

Councillors voted unanimously for this motion.

Note: Clr Mamone and Clr Ristevski were not in the Chamber when the item was voted on.

RECOMMENDATION

That Council approves Development Application No. DA-439/2015, subject to the revised recommended conditions of consent (See Attachment No. 4).

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.

Vote for:                                 Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Shelton

Vote against:                         Clr Stanley

                                                Clr Waller

Note: Clr Mamone and Clr Ristevski were not in the Chamber when the item was voted on.

RECOMMENDATION

That Council:

1.       Approves Development Application DA-998/2014 subject to the conditions of consent contained within the Council officer’s IHAP report (see Attachment 2) and the following additional conditions:

·    A right of way shall be created over each of the access ways of Lot 301 and Lot 302 to benefit Lot 303.

·    Vehicular access to Lot 303 shall be restricted by a covenant on title to the access ways of Lot 301 and Lot 302. Direct access from Rocco Place is prohibited.

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.

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approves Development Application DA-1183/2014 subject to the recommended conditions of consent attached to the Council officer’s IHAP report (Attachment 2).

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council approves Development Application DA-850/2014 subject to the recommended conditions of consent (Attachment 1).

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.    Approves Development Application DA-850/2014 subject to the recommended conditions of consent (Attachment 1).

2.    Also investigate the possibility of having the SES building on that site.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

Endorses the Financial Contributions Panel’s recommendations for the provision of $1,200 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. If the recommended amount of $1,200 is endorsed, the remaining balance will be $24,550.

COUNCIL DECISION

Motion:                                  Moved: Clr Stanley              Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council notes that the annual pecuniary interest returns of all Councillors and all designated persons, holding office or occupying positions within Council, as at 30 June 2015, are tabled before this meeting of Council in accordance with section 450A of the Local Government Act 1993.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That the recommendation be adopted.

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

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:

Adopt the changes to the Committee meeting times to the following Committees as outlined in the report:

·    Aboriginal Consultative

·    Budget and Finance

·    Civic Advisory

·    Heritage Advisory

·    Multicultural Advisory

·    Street Naming

·    Planning and Development

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ristevski

That this item be deferred.

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

Attachments

1     Memo to Mayor and Councillors - CFO 03 Timing of Committee Meetings - Budget implications

RECOMMENDATION

That Council:

1.    Receive and note the information.

2.    Advertise the attendance at Councillor Briefing Sessions, Council meetings and Committee meetings once a month in the local Liverpool newspapers and maintain the register on Council’s website as outlined in this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Stanley

That Council receive and note the information.

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Balloot

That the recommendation be adopted.

Foreshadowed motion:       Moved: Clr Ristevski           Seconded:  Clr Mamone

That Council:

1.    Receive and note the information.

2.    Advertise the attendance at Councillor Briefing Sessions, Council meetings and Committee meetings once a month in the local Liverpool newspapers and maintain the register on Council’s website as outlined in this report.

3.      Make publicly available the Trim enquiries made by Councillors on behalf of constituents since September 2012.

Foreshadowed motion:       Moved: Clr Mamone            Seconded: Clr Ristevski

That Council:

1.      Receive and note the report.

2.      Include attendance to Councillor Briefing Sessions in the Annual Report. 

On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.

The Foreshadowed motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared LOST.

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

The Foreshadowed motion (moved by Clr Mamone) then became the motion and on being put to the meeting was declared LOST.

A Division was called for the vote on the motion moved by Councillors Hadchiti and Balloot with the following result:

Vote for:                                 Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Vote against:                         Clr Harle

Clr Karnib

Clr Mamone

Clr Ristevski

Clr Shelton

Clr Stanley

Clr Waller

RECOMMENDATION

That Council:

1.   Receives and notes this report.

2.   Approve $7,500 excluding GST from the 2015/16 budget to become a member of the White Ribbon Workplace Accredited Program provided White Ribbon Australia.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

That Council:

1.   Receives and notes this report.

2.   Approve $7,500 excluding GST from the 2015/16 budget to become a member of the White Ribbon Workplace Accredited Program provided White Ribbon Australia

3.    Contribute $10,000 to WSROC for its project, in partnership with Western Sydney University – Centre for Western Sydney, for its project: Crime and Criminal Justice Platform Research.

Foreshadowed motion:       Moved: Clr Stanley              Seconded: Clr Shelton

That Council:

1.   Receives and notes this report.

2.   Approve $7,500 excluding GST from the 2015/16 budget to become a member of the White Ribbon Workplace Accredited Program provided White Ribbon Australia

3.    Defer the contribution of $10,000 to WSROC for its project, in partnership with Western Sydney University – Centre for Western Sydney, for its project: Crime and Criminal Justice Platform Research until further information is provided to Councillors to better make that decision.

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

Clr Hadchiti asked that he be recorded as voting for the adopted motion.

RECOMMENDATION

That Council:

1.   Endorses the Financial Contribution Panel's recommendations for the provision of $3957.50 (GST exclusive) under the Community Donations Program as summarised in the table below:

          Community Grants Program

2.   Endorses the Financial Contribution Panel's recommendations for the provision of $100 (GST exclusive) under the School Donations Program as summarised in the table below:

          School Donations Program

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Notes the contents of this report.

2.   Acknowledges that public toilets are an important functional consideration of any public space.

3.   Commits to consider the installation of public toilets as part of any planning and design works for all future or current regional or district level parks.

4.   Considers the comfort of park users and acknowledges the general importance of public toilets in creating public spaces that meet the needs of parents with young children, older residents, persons with a disability, as well as the general public.

5.   Acknowledges that careful siting, co-location with other facilities and design treatments (including automation) can reduce anti-social behaviour around these facilities to a minimum.

6.   Within the next five years install public toilets in the following Macleod Park, Grand Flaneur Beach, Bigge Park, Phillip Park, Liverpool Bicentenary Park and Gough Park.

7.   Investigates the removal of older style and problematic public toilets across Liverpool and reports back to Council early next year regarding the outcomes of this research.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Mamone

That Council:

1.   Notes the contents of this report.

2.   Acknowledges that public toilets are an important functional consideration of any public space.

3.   Commits to consider the installation of public toilets as part of any planning and design works for all future or current regional or district level parks.

4.   Considers the comfort of park users and acknowledges the general importance of public toilets in creating public spaces that meet the needs of parents with young children, older residents, persons with a disability, as well as the general public.

5.   Acknowledges that careful siting, co-location with other facilities and design treatments (including automation) can reduce anti-social behaviour around these facilities to a minimum.

6.   Investigates the removal of older style and problematic public toilets across Liverpool and reports back to Council early next year regarding the outcomes of this research.

7.    Identify Bigge Park and Chipping Norton Lakes as locations for toilet facilities to be installed.

Foreshadowed motion:       Moved: Clr Stanley              Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council note the report

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Note the report outlining existing small business programs delivered in Liverpool.

2.    Endorse continuation of the partnership-based approach for delivery of services to small business in Liverpool.

COUNCIL DECISION

Motion:                                  Moved: Clr Balloot               Seconded: Clr Hadchiti

That Council:

1.    Note the report outlining existing small business programs delivered in Liverpool.

2.    Endorse continuation of the partnership-based approach for delivery of services to small business in Liverpool.

3.      Investigate establishing a Smart Work hub in the City Centre and report back to Council.

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

RECOMMENDATION

That Council endorse the draft Corporate Sponsorship (Outgoing) Policy to be placed on public exhibition and receives a further report following public exhibition.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council;

1.    Notes the advice provided in this report.

2.    Determines that outdoor goods and signage not be permitted on public footpaths or Council land.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Balloot

That Council:

1.    Notes the advice provided in this report.

2.    Allow A frame and products to be displayed subject to Council licensing similar but not to the extent to the Outdoor Dining Policy with minimum standard requirement.

Foreshadowed motion:       Moved: Clr Waller                Seconded: Clr Karnib

That the recommendation be adopted.

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

Division called:

Vote for:                                Mayor Mannoun

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Mamone

          Clr Ristevski

Vote against:                         Clr Karnib

Clr Shelton

Clr Stanley

                                                Clr Waller

RECOMMENDATION

That Council:

1.   Notes the information contained in this report.

2.   Approves implementation of the proposed traffic flow changes along George and Northumberland Streets to two-way.

3.   Defers the Dewsbury Serviceway Extension to George Street for the project to be considered in the 2016/17 Budget.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Balloot

That the recommendation be adopted.

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

Clr Karnib, Clr Stanley and Clr Waller asked that their names be recorded as voting against the motion.

RECOMMENDATION

That Council adopts draft Liverpool Local Environmental Plan 2008 (Amendment 55) and forwards the plan to the NSW Department of Planning and Environment requesting notification (gazettal) of the amendment.

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.

Vote for:                                Mayor Mannoun

                                                Clr Balloot

                                                Clr Hadchiti

                                                Clr Hadid

                                                Clr Harle

                                                Clr Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Shelton

                                                Clr Stanley

Vote against:                         Clr Waller

RECOMMENDATION

That Council:

1.    Writes to the Minister of Planning pursuant to clause 58(4) of the EP&A Act 1979, to request that the matter not proceed.

2.    Writes to those who provided written submissions or attended the public hearing advising of Council’s decision.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded:Clr Shelton

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council;

1.    Notes the advice contained in this report.

2.     Notes that the Animal Management Policy is currently being reviewed and a report will be presented to the November meeting.

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 adopts the following 3D CAD model fees and charges, as part of the Statement of Revenue Policy (Fees and Charges) 2015-2016:

·    Less than $1m development value - $ 2,200.00.

·    Greater than $1m and less than 3m development value – $3,300.00.

·    Greater than $3m development value - $6,600.00.

·    New modelling fee if a design is amended and a new 3D image is submitting for modelling. If the changes are minor, an hourly rate can be charged. If the changes are substantial, a new modelling fee may apply.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Balloot

That the recommendation be adopted.

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

RECOMMENDATION

That Council notes the information provided in the report.

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council classifies Lot 1104 DP 2475, 75 Fifth Avenue, Austral, Lot 10 DP 1043935, 305 Cowpasture Road, Carnes Hill and Lot 2 and 3 DP 1208552, 350-354 Macquarie Street, Liverpool, as 'Operational' land, in accordance with the Local Government Act 1993.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Budget and Finance Committee Meeting held on 7 October 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             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 Aboriginal Consultative Committee Meeting held on 2 September 2015.

2.   The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Notes the Minutes and recommendations of the Street Naming Committee Meeting held on 27 August 2015.

2.    Notes the proposed changes to the Street Naming Committee process.

3.    Notes that the proposed changes to the Street Naming Committee process will be addressed in the draft Naming Convention Policy and will be presented to Council in a future report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Meeting Notes of the Liverpool Youth Council Meeting held on 1 September, 2015 and the Minutes of the Liverpool Youth Council held on Tuesday 6 October, 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             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 Local Traffic Committee Meeting held on 23 September 2015.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Economic Development and Events Committee Meeting held on 5 October 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council  receives and adopts the Minutes of the Planning and Development Committee Meeting held on 7 October 2015.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             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 Committee for Liverpool Meeting held on 29 September 2015.

2.   Formally approves the addition of Phil Hamdorf, Senior Regional Coordinator, Department of Premier and Cabinet to the membership of the Committee for Liverpool.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

Files lost in August 2010 Fire

Some time ago a report was furnished of Council regarding files etc lost in the Council Building Fire. Recently I have been made aware of another item that is not able to be found subsequent to the fire.

1.   Can officers provide a follow up report to Council regarding issues of missing files, and a copy of the original report, please.

The response to the Questions With Notice were reported to Council in August 2013 and are attached (in the Council Agenda).

Council’s first Document Management System (DMS) ‘Genesis’ was introduced in 1990. It was quite unsophisticated in today’s terms. Prior to that, Council mainly relied on hard copy files some of which some are on microfilm although the quality in some cases is extremely poor. From 2003 a more robust Document Management System (DMS) – TRIM was introduced, however in the early years, there would have been limited ability to scan large documents and therefore it is highly likely that large plans would have been kept in hard copy only.

The information given prior to this report regarding the number and nature of files destroyed in the fire is shown in Table One below. Having undertaken additional analysis, these figures appear to be incorrect. Whilst an audit was undertaken after the fire, seemingly it was performed in an unstructured manner over several months on and off site, it is understood the findings were not recorded in a formal report.

The current method of research into missing files is under investigation; and a further report will be provided to Council in the next 2 months regarding the accuracy of the estimate of missing files.

Table One

2.   Is a list/report etc being kept as it emerges that files or DA’s are not able to be found?

Yes, if it is brought to Council’s attention that a file is missing and cannot be traced or electronically recovered or partially recovered, a notation is made in a central repository in the TRIM system, however in some cases the reason why the classification of being destroyed in the fire has been made is somewhat unreliable.  

3.   How is a determination made when items are unable to be located that it is because of the fire? As the fire was 5 years ago could there be other explanations why files are missing?

The determination should be made on the basis of an investigation using a relevant reference point e.g. address of property, LOT number (assuming it is a property file such as a DA). In most cases the documentation will be saved in the DMS, which identifies its location, either stored electronically, on microfilm or in hard copy at the offsite storage facility. The DMS should be interrogated to its full extent and then Council’s archives should be examined to determine the true location of the file.  

In terms of other explanations, obviously human error cannot be discounted, hard copy files do go missing, they can get left in drawers or packed in between other files by mistake. 

4.   Is it possible and if so what would be the cost for a comprehensive audit to determine what is missing? Was this done at any time since the fire in 2010?

Until recently, estimates of the number of Council’s hard copy files that were lost in the fire in 2010 indicated that 8905 paper files. Similarly, it was understood somewhere in the region of 750 files were completely destroyed.

There are currently c19,000 boxes of files in offsite storage, 435 rolls on microfilm containing various records from historic building files to financial records, 15 boxes of microfilm/microfiche and 1,675,957 records in TRIM. It is virtually impossible to audit that level of recorded information or supervise in excess 890 TRIM records edited or saved each day. 

The Director Business Improvement is now undertaking a further investigation regarding the loss of files due to the fire. At this point it is highly questionable as to whether over 9500 hard copy files were actually being stored at the Hoxton Park Council Buildings during the period when the fire occurred. At this stage preliminary results indicate that there is some doubt regarding files that have been labelled ‘lost in the fire’.

5.   Has this issue been discussed at the Audit and Risk Committee to determine whether Council has / should have concerns regarding risk to its business? If so, what was the outcome?

It appears no formal external audit was undertaken after the fire. It is understood that whilst this matter was discussed by senior management at the time, no formal report was submitted.

6.   How often are audits done on the completeness of details of Council’s files and reports?

In general, audits are not undertaken, Council’s Records Management policy states that It is the responsibility of all council officers to save their records to TRIM. 

Broadly estimated council employees save or edit some 890 TRIM records each day. It is virtually impossible to audit that level of recorded information or supervise that amount of activity each day. 

Council Records and Archives section has barcode and Radio-Frequency Identification (RFID), which are electronic devices which are commonly used in supermarkets and retail outlets.   Files are barcoded and initially ‘signed out’ by a staff member and allocated electronically to that staff member’s location.

The Records and Archives Team undertake audits of files as they move throughout the building. The RFID system has static scanners in several sections and files as are moved past these scanners the location is recorded on the tracking system.

Occasionally files still go missing, due to human error or being filed in the wrong place; but using this technology staff can audit each floor using scanners and usually can locate the file.

7.   What actions are in place to ensure that all files are captured on the computer network?

All staff receive training on how to use the TRIM system. Council staff must acquaint themselves with record keeping requirements that affect the performance of their duties, including the making of records to support the conduct of Council’s business, registering records, and knowing how and where records are kept within Council.

Council staff must ensure that records in any format, including electronic documents and electronic messages, are captured into the Councils record keeping systems.

A more robust procedure will be developed during the next 2 months to ensure all records are captured and all requests for information are thoroughly investigated.

Please address the following:

1.    Have Council Officers had discussions, pre-DA meetings or any other correspondence with the DeAngelis Group or any other parties with the purpose of formulating a new DA for the site 467 HUME HIGHWAY CASULA NSW 2170 also known as Fontainebleau Motel.

a)   if so, please provide details the nature, content and purpose of these discussions

b)   are  Council officers aware of when any application maybe expected to be lodged

c)   if an application is lodged for this site can Councillors be advised immediately by email.

The owner requested a meeting with Council officers in June and indicated that he is intending to lodge a new application for the proposed Casula Hotel shortly.  He advised he was intending to request a pre-DA meeting; however, this has not been scheduled. During the meeting, officers advised that Council had adopted the Social Impact Policy on 17 June 2015 and that accordingly any new application would be required to be supported by a social impact assessment.  The application has not yet been lodged and this is a matter for the owner.

Councillors receive a weekly email with a list of all development applications lodged in the previous week with a link to the applications in the ePlanning portal.  However, given the interest in this application, Councillors can also be advised by the Manager Development Assessment if a new application is lodged.

2.    Are Council officers aware of discussion owners may have had with local schools regarding a VPA for the site. Does this negotiation have any weight and have officers been involved in such negotiations?

A Voluntary Planning Agreement (VPA) under Section 93F of the Environmental Planning and Assessment Act 1979 is an agreement or arrangement between one or more planning authorities and a developer under which the developer dedicates land free of cost, pays a monetary contribution or provides alternative material public benefit for a public purpose.  A VPA can be negotiated when a developer seeks a change to an environmental planning instrument or proposes to make a development application. 

As noted above, the owner has indicated he is intending to lodge a new application for the proposed Casula Hotel shortly.  Council officers have not entered into any negotiations regarding a VPA.

3.    Are Council officers aware of any organisations in addition to Casula Public School, that have been approached by representatives of the De Angelis Hotel group to consider/sign a VPA with them?

Council officers are not aware of any approaches by the owner except through recent media coverage.  As noted above, a VPA is entered into between a planning authority and a developer.

4.    Is Council aware of anyone who has refused to enter into such VPA agreements?

Council officers are not aware of any approaches by the owner except through recent media coverage.  As noted above, a VPA is entered into between a planning authority and a developer.

5.    When or have Council officers engaged in any discussions with Police concerning a possible new DA for the hotel? Are there minutes or similar available from any meetings of this type.

Council officers have not had any discussions with the police regarding a possible new DA.

6.    What are the implications of VPAs on the Council and IHAP planning assessment and approval process?

As noted above, a VPA is an agreement or arrangement between one or more planning authorities and a developer under which the developer dedicates land free of cost, pays a monetary contribution or provides alternative material public benefit for a public purpose.  A VPA can be negotiated when a developer seeks a change to an environmental planning instrument or proposes to make a development application. 

A proposed VPA would be reported to Council for endorsement before public exhibition for a period of not less than 28 days.  A VPA cannot impose an obligation on a planning authority to grant development consent. A proposed VPA is not required to be reported to Council’s IHAP; however, a future development application would be reported to IHAP if triggered in accordance with Council’s IHAP Charter by receiving more than 5 unresolved objections.

7.    Could Council officers determine what legal avenues there are  to oppose on negative social impact grounds under the NSW Liquor and Gambling laws, the move of 30 poker machines from the New Commercial Hotel in Liverpool to a proposed hotel in Casula –within the same LGA, should this be part of any proposal put to Council in the future.

Council is not the determining authority for gaming licences. The State office of the Independent Liquor and Gaming Authority (ILGA) determines the applications. A local impact assessment (LIA) is required where a hotel or registered club proposes to increase its gaming machine threshold (GMT) in order to operate more gaming machines. All new applications are listed on the LIA public register and with any new applications, the local authority is notified. Council then has the opportunity to provide a submission in response to their Local Impact Assessment.

The only Hotels that are currently listed on the register are:

·    Liverpool Catholic Club

·    Liverpool Hotel

·    The Corner Hotel

http://www.ilga.nsw.gov.au/gaming/hotel-gaming/local-impact-assessment/lia-public-register

8.    Are officers aware if and when an application is expected for the site?

Council Officers are unaware of when the application will be lodged.

Please address the following:

1.   Can I be advised the costs in relation to industrial matters including legal fees for the following financial years:

·    2012-2013

·    2013-2014

·    2014-2015

Please note that Council is a member of Local Government NSW, who conduct the bulk of Council’s Industrial Relations legal work.  Council also has an internal legal team who, subject to expertise and capacity, can undertake some of this work.

More complex matters, or matters that require special expertise, are briefed out.

Council briefed out four industrial matters between 2008/09 and 2014/15.  Two of these matters were briefed out in 2014/15.  One was briefed out in 2013/14, and another in 2011/12.

The matters briefed out in 2014/15 were both in relation to the defence of legal proceedings brought by the United Services Union against Council.  One of these matters related to the defence of an application for a special Award condition for certain child care workers, who sought a permanent 4 day working week.  This type of application is very unusual in the Local Government sector and required specific legal expertise to defend.  Council was successful in defending the proceedings, but the defence required significant preparation and several days of court hearing time.  The cost of defending this matter was $102,043.44 and this one matter represents over 80% of the total external legal fees expended by Council on industrial matters since 2008.

Legal costs awards in the Industrial Relations Commission are rare.

2.   How does this compare to costs for the previous Council term 2008-2012, by financial year.

Please find below a breakdown of the legal costs relating to external management of industrial matters since 2008/09.  Council’s annual reports contain details of all legal matters involving Council, and the costs relating to their management, from year to year.  The archived reports are available on Council’s website.

2014/15: $121,058

2013/14: $4,256

2012/13: $1,408

2011/12: Nil

2010/11: Nil

2009/10: Nil

2008/09: Nil

Please address the following:

There has been significant work done around the CBD of Liverpool which has occasioned the digging up of pavement and laying cables (I am assuming this is the NBN delivery).

The pavement has not been reinstated and for the most part has been filled in with bitumen. This is very unsightly and does not give a good look for Liverpool considering the amount money we are spending to improve things in the Mall. It is also a significant risk for those in the community who find uneven footpaths a concern.

1.   Does Council have an audit of all the areas in the CBD (except the Mall) which required reinstatement?

Yes Council officers inspect all footpath openings and following the completion of the work, Council will arrange full restoration of the area on charge to the applicant.

2.   Will these areas be reinstated properly using concrete and to match the surrounding area or the way they were before the works were done?

Yes all restorations will be completed to the same or better standard than the original area.

3.   When will this occur?

Once the work is completed and Council receives the restoration order, repairs to the area will be completed as soon as possible.

4.   What has been done to follow this up to date?

All footpath openings are monitored and repairs are carried out as soon as possible.

RECOMMENDATION

That Council:

1.   Should not proceed with the trial opening of the Customer Service Centre on Saturdays for the following reasons;

a)   The survey indicates that less than half the respondents actually use the Customer Service centre facility at all, preferring to do Council business online;

b)   The results of the staff survey indicates only 35% of staff support working on a Saturday;

c)   As the new Customer Service Centre does not open for business until 28 October 2015. It would be impossible to implement trial opening hours until such time as the services are embedded, and that is unlikely until after the Christmas holiday period;

d)   The cost of offering a Saturday service would be in excess of $520,000 per annum and is unlikely to generate sufficient activity to justify the spend;

e)   Council is making significant investment in making services more accessible to internet users, e.g. eplanning portal.

2.   Notes the contents of this report regarding;

a)   Customer Services staffing levels and organisation chart;

b)   No Council vacancies have been filled by Propel staff;

c)   The provision of IT equipment in the new Customer Services Centre;

d)   No further issues regarding drainage problems

e)   The cost of the Ground Floor renovations; and

3.   No provision for Public toilets was made in the Ground Floor renovations.

COUNCIL DECISION

Motion:                                  Moved:  Clr Ristevski          Seconded: Clr Mamone

That the item be deferred.

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

RECOMMENDATION

That Council:

1.       Notes the report;

2.       Authorises the Mayor and Chief Executive Officer to commence discussions with neighbouring Councils and prepare a report to Council; and

3.       Approve an Extraordinary Meeting for 11 November 2015 to approve Council’s response to IPART’s “Assessment of Council Fit For the Future Proposals” final report“.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun               Seconded: Clr Hadchiti

That Council:

1.       Notes the report;

2.       Authorises the Mayor and Chief Executive Officer to commence discussions with neighbouring Councils and prepare a report to Council; and

3.       Approve an Extraordinary Meeting for 6.00pm on 10 November 2015 to approve Council’s response to IPART’s “Assessment of Council Fit For the Future Proposals” final report.

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

NOTICE OF MOTION

That Council:

1.   Forthwith reaffirms its commitment to the Moorebank Voluntary Acquisition Scheme, and takes all steps reasonably necessary to give effect to this decision.

2.   Forthwith carries out inspections of the remaining fifty-nine properties that are yet to be acquired with a view toward identifying any non-complying development that may have been carried out thereon and taking steps to regularise as much including initiating prosecutions where appropriate. This would include the use of ss. 121B and 123 of the EP and A Act to require all unauthorised works to be removed from MVAS land.

3.   Forward a copy of the thirty-seven page legal advice dated 19 June 2015 from Mr CJ Leggatt SC to the Office of Local Government together with a copy of this motion under a covering letter which refers the Director General of Local Government to his powers of investigation under s.430 of the Local Government Act, 1993 including with reference to the sequence of events from early 2013 to the present.       

4.   Makes representations to the relevant state and federal ministers detailing the history and the implications of advice given to Council seeking restoration of funding for the acquisition for the properties left in the MVAS area.    

COUNCIL DECISION

Motion:                                  Moved:                                   Seconded:

This motion was not considered as the matter was dealt with earlier at the meeting when dealing with Mayoral Minute 03 on page 11 of these minutes.

RECOMMENDATION

That Council:

1.       Accepts the proposal from Fyntrim Pty Ltd to introduce a ratchet clause to Tender WT1390 Design and Supply of Multi and Single Function Poles, such that the price of poles and accessories does not fall below the original 2011 tender price.

2.       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: Mayor Mannoun     Seconded: Clr Mamone

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

                                                Clr Stanley

Vote against:                         Clr Karnib

                                                Clr Waller

RECOMMENDATION

That Council:

1.   Receives and notes the Minutes of the Key Sites Master Planning Steering Committee Meeting held on 6 October 2015;

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 Hadchiti             Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Accept the Tender from Taylor Street Consultancy Pty Ltd for Tender ST2482 – Liverpool Engagement Strategy for an initial 12 month contract term at the GST inclusive price of $216,000.00, with the option of extending the contract for an additional twelve month period. 

2.       Makes public its decision regarding tender ST2482 – Liverpool Engagement Strategy.

3.       Notes that the Director, Economic Development 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 Hadchiti             Seconded: Clr Hadid

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 Karnib

                                                Clr Mamone

                                                Clr Ristevski

                                                Clr Waller

Vote against:                         Clr Shelton

                                                Clr Stanley

RECOMMENDATION

That Council:

1.   Proceeds with the compulsory acquisition of Lot 1 DP 153264, 37 Scott Street, Liverpool, for road purposes, if negotiations are unsuccessful;

2.   Proceeds with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice for Lot 1 DP 153264 to the owner of 37 Scott Street, Liverpool and commence compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991;

3.   Notes that it is Council’s preference to acquire Lot 1 DP 153264 by agreement rather than a compulsory process and authorizes the Director Property & Commercial Development to enter into negotiations with the owner to acquire Lot 1 DP 153264, 37 Scott Street, Liverpool;

4.   Notes that a further report will be submitted to Council if an acquisition price has been agreed to by negotiation;

5.   Upon settlement of the acquisition, classifies Lot 1 DP 153264, 37 Scott Street, Liverpool as ‘Operational' land;

6.   Keeps confidential the attachment supplied under separate cover containing details of the proposed acquisition 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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Mamone

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Amends the planning proposal for Draft Liverpool Local Environmental Plan 2008 (Amendment 52) – the Liverpool City Centre LEP Review – by retaining approximately 121,000sqm of land as being zoned B3 – Commercial Core as depicted in Figure 1 of this report.

2.       Delegates to the Chief Executive Officer the authority to amend the planning proposal and submit the revised planning proposal to the Department of Planning and Environment pursuant to Section 58 of the Environmental Planning and Assessment Act.

COUNCIL DECISION

Motion:                                  Moved: Clr Mamone            Seconded: Clr Harle

That the recommendation be adopted.

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

Motion                                    Moved: Clr Ristevski            Seconded: Clr Shelton

That:

1.    Councillors be advised as a matter of urgency the full details of the EPA’s investigation.

2.    Councillors be advised as a matter of urgency any site where contaminated fill may have been used.

3.    Councillors be advised as a matter of urgency when staff and ratepayers were advised of the potential contamination.

4.    Councillors be advised as a matter of urgency have staff that have been exposed to asbestos been identified and notified and what programs have been put in place to monitor and test ratepayers and staff.

5.    Councillors be advised as a matter of urgency when Workcover were advised of this issue.

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

7.    Councillors be advised forthwith as to when a program will be put in place to advise ratepayers, staff and potentially affected land owners as to when a program will be put in place to advise possible risk levels.

8.    A process be developed so that Councillors are kept informed of sensitive issues.

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Balloot

That:

1.    Council receive the verbal report delivered by the CEO and the Audit report referred to in the CEO’s verbal update be circulated to Councillors under confidential cover.

2.    A process be developed so that Councillors are kept informed of sensitive issues.

On being put to the meeting the motion (moved by Clr Ristevski) was declared LOST.

The Foreshadowed motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.