1 MINUTES OF THE ORDINARY MEETING HELD ON 5 FEBRUARY 2014 PRESENT: Mayor Mannoun Deputy Mayor Hadid Councillor Balloot Councillor Hadchiti Councillor Harle Councillor Karnib Councillor Mamone Councillor Ristevski Councillor Shelton Councillor Stanley Councillor Waller Mr Farooq Portelli, Chief Executive Officer Ms Julie Hately, Executive Director Ms Toni Averay, Acting Executive Director Ms Billie Sankovic, Group Manager Strategy and Executive Mr Mathew Walker, Group Manager Business Excellence Ms Kiersten Fishburn, Group Manager Community and Culture Mr Gino Belsito, Group Manager City Presentation Ms Nadia Napoletano, Group Manager Governance Mr Michael Cullen, Group Manager Economy and Engagement Mr Raj Autar, Group Manager Infrastructure and Environment Ms Carole Todd, Acting Group Manager Planning and Growth The meeting commenced at 6:00pm OPENING 6:00pm PRAYER The prayer of the Council was read by Reverend David Clarke from Hoxton Park Anglican Church. APOLOGIES Nil CONDOLENCES Nil Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 2 CONFIRMATION OF MINUTES That the Minutes of the Ordinary Council Meeting held on 18 December 2013 adjourned to the 23 December 2013 be confirmed as a true record of that meeting. Motion: Moved: Clr Karnib Seconded: Clr Stanley On being put to the meeting the motion was declared CARRIED. PUBLIC FORUM Presentation (Items not on agenda) Nil Representation (Items on agenda) Nil DECLARATIONS OF INTEREST Clr Hadchiti declared a less than significant, non-pecuniary interest in the following items: Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment. Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division. Clr Hadchiti will leave the Chambers for the duration of this item. Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme. Reason: The applicant attended a Liberal Party dinner and purchased tickets. Clr Hadchiti will not leave the Chambers for the duration of this item. Clr Balloot declared a less than significant, non-pecuniary interest in the following items: Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment. Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 3 Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division. Clr Balloot will not leave the Chambers for the duration of this item. Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme. Reason: The applicant attended a Liberal Party dinner and purchased tickets. Clr Balloot will not leave the Chambers for the duration of this item. The Deputy Mayor declared a less than significant, non-pecuniary interest in the following items: Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment. Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division. The Deputy Mayor will leave the Chambers for the duration of this item. Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme. Reason: The applicant attended a Liberal Party dinner and purchased tickets. The Deputy Mayor will not leave the Chambers for the duration of this item. Councillor Ristevski declared a less than significant, non-pecuniary interest in the following items: Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment. Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division. Councillor Ristevski will leave the Chambers for the duration of this item. Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme. Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 4 Reason: The applicant attended a Liberal Party dinner and purchased tickets. Councillor Ristevski will not leave the Chambers for the duration of this item. Clr Mamone declared a less than significant, non-pecuniary interest in the following items: Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment. Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division. Clr Mamone will leave the Chambers for the duration of this item. Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme. Reason: The applicant attended a Liberal Party dinner and purchased tickets. Clr Mamone will not leave the Chambers for the duration of this item. Mayor Mannoun declared a less than significant, non-pecuniary interest in the following items: Item GMPG 02: Modification to Development Consent DA492/2008 – Educational Establishment. Reason: One of the Directors attended a fundraising dinner for the Liberal Party NSW Division. Mayor Mannoun will not leave the Chambers for the duration of this item. Item GMGO 02: Proposed Acquisition of Lot 146 DP 659653, 11 Newbridge Road, Chipping Norton under the Moorebank Voluntary Acquisition Scheme. Reason: The applicant attended a Liberal Party dinner and purchased tickets. Mayor Mannoun will not leave the Chambers for the duration of this item. Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 5 NOTICES OF MOTION ITEM NO: NOM 01 FILE NO: 016911.2014 SUBJECT: Amend the term of the Deputy Mayor to six (6) months NOTICE OF MOTION That Council amends the Term of the Deputy Mayor to Six (6) Months from 12 months immediately. COUNCIL DECISION Motion: Moved: Clr Ristevski Seconded: Clr Balloot That Council withdraw the motion and conduct further research. On being put to the meeting the motion was declared CARRIED. Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 6 ITEM NO: NOM 02 FILE NO: 017615.2014 SUBJECT: Commending staff for New Year’s Eve and Australia Day Celebrations NOTICE OF MOTION That Council: 1. Commends all staff members involved in both events, congratulating them for their efforts. 2. Reports to council with costings of extending the New Year’s Eve event until midnight. COUNCIL DECISION Motion: Moved: Clr Mamone Seconded: Deputy Mayor Hadid That the recommendation be adopted. On being put to the meeting the motion was declared CARRIED. Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 7 MOTION OF URGENCY DA883/2207/A 2-4 BATHURST STREET, LIVERPOOL Clr Hadchiti requested that a motion relating to the above matter be dealt with at this meeting as a matter of urgency. Mayor Mannoun ruled that the proposed business is of great urgency and on being put to the meeting, Council in accordance with Clause 14(2)(a) of the Code of Meeting Practice resolved to deal with the matter at this meeting. Motion: Moved: Clr Hadchiti Seconded: Deputy Mayor That Council: 1. Upon receipt of a $50,000 bond, immediately issue the 88B instrument that relates to the construction works at 2-4 Bathurst St Liverpool (Property borders Bathurst, Lachlan & Northumberland) on the proviso that: A. The applicant undertakes to meet with Council Officers to determine the best possible outcome for construction of footpaths that immediately border the development within one week. B. The applicant undertakes to lodge a S96 modification application that reflects A within 2 weeks after a resolution has been agreed with Council Officers C. The applicant undertakes that six weeks after the determination is communicated in writing the applicant satisfies the S96 determination. Clr Balloot left the chambers at 7:00pm. Clr Balloot returned to the chambers at 7:02pm. Foreshadowed Motion: Moved: Clr Stanley Seconded: Clr Waller That Council: 1. Delegates to the CEO for DA 883/2007/A the authority to determine the S96 application. 2. A bond be sought from the applicant to complete the necessary footpath works to ensure that they are of a standard required in the DA. On being put to the meeting the motion was declared CARRIED and the foreshadowed motion lapsed. Minutes of the Ordinary Council Meeting held on Wednesday 5 February 2014 and confirmed on Wednesday 26 February 2014 ……………………………………. Chairperson 8 CHIEF EXECUTIVE OFFICER REPORT ITEM NO: CEO 01 FILE NO: 013814.2014 SUBJECT: Consultation Outcomes - Application for a Special Rate Variation RECOMMENDATION That Council: 1. Receives and notes the report. 2. Considers submitting an application to the Independent Pricing and Regulatory Tribunal (IPART) for continuation of the existing 9 per cent special rate variation and an additional 2.5 per cent over two years (5 per cent in total) as a permanent increase to the rates. 3. Adopts the revised Delivery Program 2013-17 Operational Plan 2013-14 and Resourcing Strategy (encompassing Long Term Financial Plan, Asset Management Plan and Workforce Management Plan). COUNCIL DECISION Motion: Moved: Clr Hadchiti Seconded: