Agenda of Ordinary Meeting - 24 February 2016

Order of Business

PAGE TAB

Opening

Prayer

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 3 February 2016................................................................ 6

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01 Traffic Study Southern end of Liverpool........................................................ 61......... 1

NOM 02 Tree Preservation .......................................................................................... 63......... 2

NOM 03 Storm Removal Policy (trees on the Nature Strips)....................................... 65......... 3

NOM 04 Balloon and Flag Advertising.......................................................................... 68......... 4

NOM 05 Maintenance of Nature Strips......................................................................... 70......... 5

NOM 06 Sister City Relationship with Calabria............................................................. 72......... 6

NOM 07 Express rail service between Liverpool and City............................................ 74......... 7

NOM 08 ANZAC Day Commemorations 2016-2018................................................... 76......... 8

NOM 09 Liverpool LGA events calendar...................................................................... 78......... 9

NOM 10 Asbestos and Staffing Issues.......................................................................... 80....... 10

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

NIL

Development Application Determination Report

NIL

Chief Executive Officer Report

CEO 01 Corporate Sponsorships................................................................................. 82....... 11

Business Improvement Report

NIL

Chief Financial Officer

CFO 01 Investment Report January 2016................................................................... 87....... 12

CFO 02 Appointment of External Auditors................................................................... 95....... 13

CFO 03 Budget Review - December 2015.................................................................. 97....... 14

City Presentation Report

NIL

Community and Culture Report

DCC 01 Midnight Basketball Report at end of Contract between Council and Midnight Baksetball Australia ....................................................................................................... 126....... 15

DCC 02 Combatting Childhood Obesity with Sport - Updated Report....................... 130....... 16

DCC 03 Jobskills Workshops for Baby Boomers....................................................... 136....... 17

DCC 04 Homelessness and Employment ................................................................. 139....... 18

Economic Development Report

DEE 01 Outgoing Corporate Sponsorship Policy...................................................... 146....... 19

DEE 02 Youth Unemployment in Liverpool............................................................... 166....... 20

DEE 03 Visiting International Delegations Policy....................................................... 170....... 21

DEE 04 Outdoor Dining Policy................................................................................... 179....... 22

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01 Request to reconsider Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 - Enterprise Corridor to B2 - Local Centre........................................................................ 181....... 23

DPG 02 Enforcement Policy Report.......................................................................... 187....... 24

DPG 03 Development Engineering Bonds Policy...................................................... 205....... 25

Property and Commercial Development Report

NIL

Committee Reports

CTTE 01 Minutes of the Local Traffic Committee Meeting held on 20 January 2016 222....... 26

CTTE 02 Minutes of the Liverpool Youth Council Meeting held 2 February, 2016..... 226....... 27

CTTE 03 Minutes of Building Our New City Committee meeting held 4 February 2016 233 28

CTTE 04 Planning and Development Committee Minutes of 4 February 2016.......... 239....... 29

CTTE 05 Minutes of the Economic Development and Events Committee meeting held 4 February 2016.............................................................................................................. 246....... 30

Questions with Notice

QWN 01 Question with Notice - Clr Ristevski............................................................. 283....... 31

Questions Taken on Notice

Presentations by Councillors

Council in Closed Session

The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:

CONF 01 Proposed acquisition of an easement for drainage purposes over Lots 119-122 DP 15226, 19-25 Riverview Road, Pleasure Point

Reason: Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 02 Key Sites Master Planning Steering Committee Minutes from Meeting held 2 February 2016

Reason: Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

CONF 03 Tender ST2493 - Georges River Boardwalk and Pedestrian/Cycleway Bridge Design and Project Management

Reason: Item CONF 03 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

CONF 04 ST2497– Provision of Stray Animal Pound and Emergency Capture Patrol

Reason: Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Close

MINUTES OF THE Ordinary Meeting

HELD ON 3 February 2016

PRESENT:

Mayor Ned Mannoun

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Harle

Councillor Karnib

Councillor Mamone

Councillor Ristevski

Councillor Shelton

Councillor Stanley

Councillor Waller

Mr Carl Wulff, Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Ms Kiersten Fishburn, Director Community and Culture

Mr Gino Belsito, Director City Presentation

Mr Michael Cullen, Director Economy and Engagement

Mr Raj Autar, Director Infrastructure and Environment

Ms Carole Todd, Director Business Improvement

Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.11pm.

OPENING 6.11pm

PRAYER The prayer of the Council will be read by Pastor John Keane from West Hoxton Community Church.

APOLOGIES Nil

CONDOLENCES

Mrs Judy Pack to be read by Mayor Mannoun

It was with great sadness that council was advised late last week of the passing of Mrs Judy Pack MLO. Judy was a dedicated historian for Liverpool and helped to preserve and display much of our history to the public.

Many of us would be hard pushed to think of a member of our community more respected and more dedicated than Judy with her hardworking enthusiasm for Liverpool’s history. Her work has been recognised time and time again in the NSW Parliament and with Australia day honours. We shall not soon forget her time here assisting council and our many historical societies. As president of the Liverpool and District Historical Society she was tireless in her efforts to ensure that the history of our city was maintained and accessible to all.

Judy served on a number of council committees being an integral member of the Heritage Advisory Committee ensuring that our city maintains a strong connection to the past. As Vice President and Secretary of the U3A she helped provide education and historical tours of Liverpool to our senior citizens. Her work with Rosebank Historical House was key to it being added to the State Heritage Register. In assisting the Liverpool Historical society preserving and creating a photo record of all their items she has left an invaluable database of our history available to everyone. I don’t think any of us here would know a person more passionate about Liverpool’s history and the importance of maintaining this link to our past. Her enthusiasm for what she did was infectious.

Her lifetime of work for Liverpool has left its mark on all who knew her. Many of council’s staff have been deeply saddened by her passing and their condolences are added to ours. Liverpool has lost a champion of the community and she will be dearly missed.

CONDOLENCES

Mrs Judy Pack - read by Councillor Shelton

Judy Pack in recent times will be remembered for her contributions to the City of Liverpool and District Historical Society which itself was established in 1959. Judy Pack came to hold the highest office in the Society, including that of President on multiple occasions, and it is primarily through my membership of the Historical Society that I came to know her. More broadly she was however also committed to all of the communities’ civic functions and was a regular attender and supporter, and for example also held executive positions with the Liverpool U3A, received in 2008 recognition in the form of an Officer of the Order of Liverpool award and on Australia Day 2015 she became Liverpool’s Senior Citizen of the year.

On all accounts she lead a full and active and fruitful and productive life, she was much loved by those who knew her. I am aware she was not without a sense of humour, and importantly and tellingly she remained active right till the last, and many people here met with her on Australia Day, last Tuesday week, only days prior to her passing.

I humbly extend my condolences to her family members, many of whom I have met, and know her spirit including her community spirit will live on in the people she has touched.

May she rest in peace.

Note: Condolences for Mrs Judy Pack were also given by Clr Mamone and Clr Waller.

RECOMMENDATION

Motion: Moved: Mayor Mannoun Seconded: Clr Waller

That Council writes to the family of Mrs Judy Pack MLO expressing our condolences for their loss.

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

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Balloot

That the minutes of the Ordinary Meeting held on 16 December 2015 be confirmed as a true
record of that meeting.

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

Declarations of Interest

Clr Mamone declared a non-pecuniary, less than significant interest in the following item:

Item CONF 02: Acquisition of part of sixteen properties at Edmondson Park for the realignment of Croatia Avenue

Reason: Clr Mamone has a relative that has property listed in the area recommended for acquisition by Council.

Clr Mamone remained in the Chambers for the duration of the item.

Clr Hadchiti declared a non-pecuniary, less than significant interest in the following item:

Item CONF 06: Tender RCL 2519 - Removal and disposal of special waste – asbestos waste

Reason: He does not know the person, however Clr Hadchiti advised that the surname of one of the office holders of the recommended tenderer is the same as his mother’s maiden name, so he believes he may be a distant relative.

Clr Hadchiti left the Chambers for the duration of the item.

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following item:

Item DCC 04: Outcome of public exhibition of fees and charges for Council's Early Education and Care Centres

Reason: Mayor Mannoun’s two children have just started attending a Council owned and operated Child Care Centre.

Mayor Mannoun left the Chambers for the duration of the item.

Public Forum

Presentation – items not on agenda

Nil

Representation – items on agenda

1. Ms Fiona Macnaught addressed Council on the following item:

NOMR 01 - Rescission of DBI 02 – Independent Building Cleaning Services from the Council meeting 16 December 2015

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That a two minute extension of time be given to Ms Fiona Macnaught.

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

Mr David Milovanovic addressed Council on the following item:

NOM 02 – Contaminated fill at Serbian Cultural Club

Motion: Moved: Clr Hadchiti Seconded: Clr Mamone

That a two minute extension of time be given to Mr David Milovanovic.

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

Motion Moved: Clr Hadchiti Seconded: Clr Hadid

That Council, as a matter of urgency, deal with the following two matters and move into Closed Session pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors), and s10A(2)(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege to discuss:

· DA 1060/2015 – Demolition of existing motel on site and the construction of a pub and associated at grade carparking at 467 Hume Highway, Casula. (Reason: s10A(2)(g))

· Update on asbestos issue and effect on Council staff (Reason s10A(2)(a))

Mayor Mannoun accepted the motion as a matter of urgency.

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

The meeting moved into Closed Session at 6.41pm.

Motion Moved: Clr Hadchiti Seconded: Clr Balloot

That Council move into Committee of the Whole to discuss the above two matters.

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

Clr Mamone left the Chambers at 7.06pm.

Discussion of DA 1060/2015 – Demolition of existing motel on site and the construction of a pub and associated at grade carparking at 467 Hume Highway, Casula.

Motion Moved: Clr Hadchiti Seconded: Clr Harle

That Council:

1. Provide the financial resources necessary to ensure that a vigorous case is mounted in the best interests of the community.

2. Not delegate to any officer the power to reach agreement of consent other than for

procedural matters.

3. Liaise and involve the confirmed experts by the action group.

4. Councillors be kept up to date on the progress.

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

Councillors voted unanimously for this motion.

Clr Mamone returned to the Chambers at 7.19pm.

Clr Balloot left the Chambers at 7.32pm.

Clr Balloot returned to the Chambers at 7.34pm.

Clr Karnib left the Chambers at 7.37pm.

Clr Karnib returned to the Chambers at 7.40pm.

Mayor Mannoun left the Chambers at 7.41pm and the Deputy Mayor, Clr Hadchiti took the Chair.

Mayor Mannoun returned to the Chambers at 7.42pm.

Update on asbestos issue and effect on Council staff

Motion Moved: Clr Hadchiti Seconded: Clr Hadid

That Council receive and note the verbal report given by the CEO and an update be provided at the next Council meeting.

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

Motion Moved: Clr Mannoun Seconded: Clr Hadchiti

That Council move back into Open Session and out of Committee of the Whole.

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

Council moved back into Open Session at 7.45pm.

Mayor Mannoun read the two resolutions relating to the two matters which were adopted by Council during Closed Session.

ITEM NO: MAYOR 02

FILE NO: 026149.2016

SUBJECT: Harmony and Multiculturalism on Australia Day

Liverpool joined the rest of the nation on January 26 in joyously celebrating Australia Day and reflecting on the privileges and freedoms we enjoy that are unequalled anywhere in the world.

Australia Day is a welcome chance for us to reflect on what makes our nation unique – our tolerance, our values, our sense of fair play and our commitment to being a united multicultural community as we move deeper into the 21^st century.

Our ways of celebrating Australia Day are as varied as the nations that make up the colourful fabric of our country under one flag.

With barbeques, the beach, the harbour and sporting events we saluted the rich history of the past, enjoyed the present and looked forward to the future

In Liverpool we recognise the talent and enterprise we have gained from embracing multiculturalism.

For me it was a great Australia Day honour to welcome 32 new citizens who took the oath of allegiance in front of 30,000 people during the Council’s celebrations at Woodward Park.

It was inspiring to see our community embrace these new citizens.

Their backgrounds didn’t matter. Nor did their religion or culture. On Australia Day we extended a welcoming hand to join us as equals in our wonderful country.

Sadly we sometimes see bigotry and hear speeches designed to divide us along racial and religious lines. This has to stop.

It is not the ways things are done in Australia by Australians.

And it is not – and will not – be the way things are done in this council.

As councillors, we must commit ourselves to taking a stand against anyone seeking to cause racial dissension.

I call on councillors to condemn as un-Australian any behaviour or words designed to create ill-feeling and inflame racial feelings.

RECOMMENDATION

That Council:

1. Recognises with great pride the diversity and harmony that exists in Liverpool between so many different cultures.

2. Congratulates the 30,000 strong crowd that enjoyed Australia Day at Woodward Park and behaved in an exemplary manner.

3. Congratulates our staff for the wonderful celebrations enjoyed by our community.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun

That Council:

1. Recognises with great pride the diversity and harmony that exists in Liverpool between so many different cultures.

2. Congratulates the 30,000 strong crowd that enjoyed Australia Day at Woodward Park and behaved in an exemplary manner.

Congratulates our staff for the wonderful celebrations enjoyed by our community.

Write to our Australia Day Ambassador, Dr Jamal Rifi to thank him for his participation.

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

ITEM NO: MAYOR 03

FILE NO: 029466.2016

SUBJECT: PAC Meetings

On Monday February 1^st the Planning and Assessment Commission held its so called community consultation meeting in Bankstown about the Moorebank Intermodal.

Many residents displayed outrage given the location of this meeting was so far from the homes that will be immediately affected by the development.

I would like to praise those who did take the time to travel out and represent their community.

The massive traffic and pollution ramifications that the Moorebank Intermodal will bring would mean the process that has surrounded its approval would appear disingenuous to the concerns raised by residents. Community action groups are now seriously concerned if the voices of residents are being ignored for the sake of this old and outdated proposal.

Many residents also expressed concern that their complaints to the PAC were not permitted to made public due to a recording restriction placed over the meeting. The forum was for the community yet its contents were supressed. This concern was also expressed by members of the Sydney media.

Given the PAC was unable to find an appropriate and affordable location within the 305 square kilometres of the Liverpool LGA, council should make available its many community venues for use by the PAC at a reasonable rate.

Developments such as the Moorebank Intermodal and Concrete Recyclers cannot be blindly approved without the consent of residents who it will affect. These meetings must be accessible to all those concerned and provide an open forum to all who wish to speak. Our community should not have to accept anything less.

RECOMMENDATION

That Council:

1. Write to the PAC and Department of Planning expressing our disappointment with the venues noting Liverpool is 305 km².

2. Offer to the PAC for any future meetings regarding proposals in the Liverpool LGA, any venue owned by Council at a suitable cost to which they think is appropriate and notes that CEO has delegation to negotiate such costs.

3. Reaffirms its position strongly opposing the development of the Moorebank Intermodal.

4. Write to the PAC and the Minister for Planning stating that for reasons of transparency, future proceedings be recorded by the PAC and made available to the public.

COUNCIL DECISION

Motion: Moved: Mayor Mannoun

That Council:

1. Write to the PAC and Department of Planning expressing our disappointment with the venues noting Liverpool is 305 km².

3. Reaffirms its position strongly opposing the development of the Moorebank Intermodal.

Write to the PAC and the Minister for Planning stating that for reasons of transparency, future proceedings be recorded by the PAC and made available to the public.

Write to the Members of Parliament, Mr Craig Kelly and Ms Melanie Gibbons, who made representations at the PAC meeting to thank them for their contribution.

Express our significant concern to the Minister for Planning and the responsible Federal Minister about:

· The timing of the meeting being held at 10am.

· The location of the meeting being outside of the LGA.

· The short notice of the meeting and it being given during the summer school holiday period.

· The meeting being on the first week of the school year.

· Note that the Chair of the PAC claimed to be unable to find a suitable and affordable venue in the Liverpool LGA to hold the meeting.

Thank the members of the public at the PAC meeting for their high quality presentations and for their efforts in attending the meeting on a Monday morning.

Write to the NSW Premier regarding his comments to the media in relation to his preferred location for the Intermodal.

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

Notices of Motion Of Rescission

Clr Karnib left the Chambers at 8.10pm.

Clr Karnib returned to the Chambers at 8.22pm.

Clr Mamone left the Chambers at 8.44pm.

Clr Mamone returned to the Chambers at 8.47pm.

ITEM NO: NOMR 01

FILE NO: 012637.2016

SUBJECT: Rescission of DBI 02 – Independent Building Cleaning Services from the Council meeting 16 December 2015

NOTICE OF MOTION OF RESCISSION

That Council rescinds the resolution relating to DBI 02 from the Council Meeting 16 December 2015, as shown below:

“That Council:

1. In consultation with the relevant Facilities Manager/s prepare a detailed scope of works whether daily, weekly or monthly that will be used as a basis for tender process.

2. Undertakes a competitive process to test the market and seek tenders for the provision of Building Cleaning Services to achieve the level of savings and efficiencies outlined in this report.

3. Provide the necessary resources for the Internal Building Cleaning Services (IBCS) to submit to the tender for the provisions of building cleaning services.

4. Following completion of the tender process, receives a report which outlines the options available, in order to make a definite decision as to how the service will be delivered in the future.

5. Note that no support will be given to forced redundancies for these positions.”

Signed:

Clr Sabrina Mamone

Clr Peter Ristevski

Clr Wendy Waller

Motion of Urgency – Vote of No Confidence

During consideration of the above Rescission Motion, Clr Ristevski moved a Motion of Urgency as follows:

Motion Moved: Clr Ristevski

That there be a vote of no confidence in the CEO and the Mayor on the grounds of their inability to lead a harmonious workplace with the best interests of ratepayers and employees in mind and the mismanagement of the asbestos issue and the Macquarie Street Mall redevelopment.

Mayor Mannoun ruled that the motion proposed to be discussed was not of great urgency and would not be considered at this meeting.

Clr Ristevski then moved a Motion of Dissent against the Mayor’s ruling.

On being put to the meeting the Motion of Dissent was declared CARRIED.

Discussion regarding the Motion of Urgency continued after the Rescission Motion was discussed and voted on.

Rescission Motion – Continuation of NOMR 01

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Shelton

That the Rescission Motion be adopted.

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

Note: This therefore meant that the Council resolution in relation to DBI 02 from the Council Meeting held on 16 December 2015 was rescinded.

Alternate Motion was then moved (by Clr Stanley)

Motion Moved: Clr Stanley Seconded: Clr Shelton

That Council

1. Does not tender cleaning services that are currently completed by in-house Council employees.

2. Supports in-house cleaners by defining and resourcing a supervisory role, and roles and expectations of staff.

3. Ensure in-house cleaners are adequately resourced to complete tasks by increasing roster hours implementing overtime if required.

4. Enhance the role of the in-house cleaners by extending duties.

5. Implements the recommendations of the Crowe Howarth Report.

6. Confirm the commitment that Councillors voted unanimously for the motion passed in August 2015 (as shown below):

“That:

1. Council continue the tender process for only those Cleaning services currently covered by contractors.

2. Council Review the work which is currently completed by staff cleaners. This review must meaningfully engage with staff and the union with the view to retain the services of the in-house cleaning crew, and identify process and practice to find improvements and take no longer than three months.

3. Council recognise the integral role Council's in house cleaners provide in supporting the business as they provide a time critical best practice work and safety support for all areas of Council's service provision.

4. A resolution of Council is required before any tender is considered, advertised or put to the market place that would potentially outsource staff positions.

5. A resolution of Council is required before a tender may be advertised or submitted for cleaning services currently undertaken by in house staff.”

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

Mayor Mannoun called a recess of Council at 8.58pm.

The meeting reopened at 9.26pm.

Note: Clr Mamone did not return to the Chambers when the meeting reopened.

Continuation of discussion of Motion of Urgency

Clr Ristevski proceeded to move the motion which he raised prior to the recess period.

The Mayor advised that in accordance with s10A(2)(a) of the Local Government Act 1993, the motion would need to be considered in Closed Session as it involves personnel matters concerning particular individuals other than Councillors.

Clr Ristevski disagreed and moved the following motion:

Motion Moved: Clr Ristevski

The Mayor sought advice from Council staff and they confirmed that the motion would need to be discussed in Closed Session.

The following motion was then moved:

Motion Moved: Clr Waller Seconded: Clr Shelton

That the matter be dealt with in Closed Session in accordance with Section 10A(2)(a) of the Local Government Act 1993 as it involves personnel matters concerning particular individuals other than Councillors.

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

As the motion to deal with the matter in Closed Session was lost, the Mayor ruled that it is against the Local Government Act 1993 and Council’s Code of Meeting Practice to deal with the motion during Open Council session and as such the motion lapsed.

Clr Ristevski sought clarification on why the matter was to be considered confidential and the Director Corporate Services / Chief Financial Officer advised that the matter falls within the provision of s10A(2)(a) of the Local Government Act 1993 which is covered in Clause 57.2.1 of Council’s Code of Meeting Practice as it involves personnel matters concerning particular individuals other than Councillors.

The Mayor requested Clr Ristevski to withdraw the motion which identifies a staff member and declared it as an act of disorder and asked him to withdraw it as it contravenes s10A(2)(a) of the Local Government Act 1993.

Clr Ristevski questioned the ruling and disagreed with it. The Mayor then quoted clause 42.1 of Council’s Code of Meeting Practice, which states that:

42.1: A Councillor commits an act of disorder if the Councillor, at a meeting of Council or a committee of Council:

42.1.1 Contravenes the Act or any regulation in force under the Act or contravenes this Code.

In accordance with clause 42.2.2 of Council’s Code of Meeting Practice, the Mayor asked Clr Ristevski to withdraw the Motion of Urgency.

Clr Ristevski then moved to move into Closed Session to deal with the item. The Mayor advised that that motion had already been voted on and was lost.

The Mayor once again asked Clr Ristevski for the final time to withdraw his motion as it contravenes the Code of Meeting Practice.

Clr Ristevski moved that it be dealt with in Closed Session.

In accordance with Clause 42.3 of Council’s Code of Meeting Practice (as shown below), the Mayor expelled Clr Ristevski from the meeting for the rest of the meeting.

42.3 A Councillor may, as provided by section 10 (4) (a) or (b) of the Act, be expelled from a meeting of Council for having failed to comply with a requirement under subclause (2). The expulsion of a Councillor from the meeting for that reason does not prevent any other action from being taken against the Councillor for the act of disorder concerned (cl 256 of the Regulation).

Clr Ristevski retired from the meeting at 9.36pm.

Clr Karnib retired from the meeting at 9.37pm.

ITEM NO: NOM 02

FILE NO: 018184.2016

SUBJECT: Contaminated fill at Serbian Cultural Club

NOTICE OF MOTION

That:

1. The Serbian Club be advised as a matter of urgency the full details of the asbestos issue surrounding their Club.

2. Council as a matter of urgency conduct soil tests on the land owned by Council surrounding the Club as well as the Club's vacant land adjoining the Council land where asbestos has been found and contaminated.

3. Councillors be advised as a matter of urgency if the Serbian Club staff were advised of the contamination.

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

5. That Councillors be advised as a matter of urgency has Workcover been advised of this issue

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

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That:

1. Council receive and note the CEO’s Comments to the Notice of Motion as shown below.

The Serbian Club be advised of the results of the testing and air monitoring that was undertaken at the site.

It be noted that the air monitoring has been undertaken and that the results have only been known to Council since the day before the Council meeting.

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

Attachments

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

Chief Executive Officer Comments to the Notice Of Motion:

1. The Serbian Club be advised as a matter of urgency the full details of the asbestos issue surrounding their Club.

The Environmental Waste Audit prepared for the NSW Environment Protection Authority (EPA) dated October 2015 did not identify any asbestos on Stante Reserve. It required background information on a (large) stockpile of material with a volume of the order of 3000 cubic metres in the south east corner of the site. It also identified numerous (smaller) piles of waste material located at the north-west corner of the site, adjoining Hall Circuit and Stante Close. Please refer to aerial map below.

The large stockpile was formed from material that was excavated during construction of the adjacent water detention basin and water quality control basins and is considered to be Virgin Excavated Natural Material (VENM). This material has been stockpiled for use in the upgrading of the reserve.

The numerous piles of material are from illegal dumping (i.e. not from Council activities). The material totals approximately 500 tonnes in total. As described below, half of the material has already been waste classified and transported to a facility licenced to receive it. The remaining material is in the process of being waste classified and will be removed by Friday, 5 February 2016.

In October 2015, Council was advised of an upcoming sewer main construction by Diona Civil Engineering Contractors (Diona), with construction going through half of the illegally dumped material. Diona was working for Sydney Water.

Council discussed the illegally dumped material with Diona and arranged for the relevant half to be waste classified and removed by Diona (at no cost to Council). During the waste classification, Diona found that some of the material contained asbestos.

Council is aware of an email from Diona to the Serbian Club, dated 5 January 2016, advising them that the material that it had classified contained some asbestos and that they would be removing the material (i.e. half of the illegally dumped material) in mid-January 2016. Subsequently, Diona removed 246 tonnes of waste and provided Council with copies of the relevant documents.

It is worth noting that the waste was located over 100 metres from the Serbian Club facility and although the waste contains asbestos, the asbestos is present in a bonded form and it is well documented by the EPA and WorkCover that ACM does not to represent a significant risk of harm to human health in this form.

Of the original 500 tonnes of illegally dumped waste, as at 27 January 2016, approximately 250 tonnes remains. The material is located adjacent to where the sewer main is being installed and is within Diona’s work area. The material is in the process of being waste classified with the view to removing it from the site by Friday 5 February 2016.

In response to the EPA environmental audit, an inspection of the ground surface of Council’s land was undertaken by Greencap on 19 January 2016. Other than a few pieces of ACM (source unknown), no asbestos was identified on the ground surface. The ACM will be removed on Friday 29 January 2016, following which an asbestos clearance certificate will be issued by Greencap. No further investigation is considered necessary.

Council reiterates that although ACM contains asbestos, the asbestos is present in a bonded form and does not to represent a significant risk of harm to human health.

3. Councillors be advised as a matter of urgency if the Serbian Club staff were advised of the contamination.

Diona duly advised the Serbian Club (and Council) of the presence of asbestos within the illegally dumped material as soon as they became aware of this. Council considers that Diona followed appropriate protocols in providing this information to the Club.

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

In view of the above information (1 & 2 above), Council does not consider that any such testing or monitoring are warranted.

5. That Councillors be advised as a matter of urgency has Workcover been advised of this issue.

WorkCover has been duly advised.

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

The estimated cost of removing the remaining 250 tonnes of illegally dumped material is expected to be of the order of $50,000. The large stockpile is VENM (i.e. it is “clean” soil) and will be reused as part of future development of the sporting fields at Stante Reserve.

ITEM NO: CONF 02

FILE NO: 004515.2016

SUBJECT: Acquisition of part of sixteen properties at Edmondson Park for the realignment of Croatia Avenue

RECOMMENDATION

That Council:

1. Proceeds with the compulsory acquisition of the below mentioned properties for road purposes:

· Part Lot 29 DP 228850, 190 Croatia Avenue, Edmondson Park;

· Part Lot 30 DP 228850, 200 Croatia Avenue, Edmondson Park;

· Part Lot 31 DP 228850, 210 Croatia Avenue, Edmondson Park;

· Part Lot 32 DP 228850, 212 Croatia Avenue, Edmondson Park;

· Part Lot 30 DP 1197083, Lot 30 Croatia Avenue, Edmondson Park;

· Part Lot 823 DP 1193391, 240 Croatia Avenue, Edmondson Park;

· Part Lot 351 DP 1188138, 250 Croatia Avenue, Edmondson Park;

· Part Lot 41 DP 228850, 260 Croatia Avenue, Edmondson Park;

· Part Lot 42 DP 228850, 45 Croatia Avenue, Edmondson Park;

· Part Lot 11 DP 228850, 50 Croatia Avenue, Edmondson Park;

· Part Lot 10 DP 228850, 30 Croatia Avenue, Edmondson Park;

· Part Lot 11 DP 1071175, 10 Croatia Avenue, Edmondson Park;

· Part Lot 43 DP 228850, 245 Croatia Avenue, Edmondson Park;

· Part Lot 44 DP 228850, 225 Croatia Avenue, Edmondson Park;

· Part Lot 45 DP 228850, 215 Croatia Avenue, Edmondson Park; and

· Part Lot 46 DP 228850, 165 Croatia Avenue, Edmondson Park.

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 and commence compulsory acquisition of the abovementioned properties in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;

3. Authorizes the Director Property & Commercial Development and/or his nominee to negotiate with all the respective landowners, to acquire part of those lots required for road purposes, up to the amount contained in this confidential attachment, without having to submit a further report to Council for approval;

4. Upon settlement of the acquisitions, dedicates all the properties being acquired as public road;

5. Keeps confidential the attachment supplied under separate cover containing the potential acquisition prices pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and

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

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Stanley

That the recommendation be adopted.

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

ITEM NO: CONF 03

FILE NO: 009984.2016

SUBJECT: Proposed disposal of Lot 8 DP 246745, 150 Heathcote Road, Hammondville

RECOMMENDATION

That Council:

1. Agrees to sell Lot 8 DP 246745, 150 Heathcote Road, Hammondville, by placing the property on the open market for sale by way of public auction through a local real estate agent;

2. Agrees to set the reserve price for the public auction as outlined in the confidential report;

3. Authorises the Chief Executive Officer or his nominee to negotiate the sale of Lot 8 DP 246745, if not sold under the hammer, for a sale price of not less than five percent below the reserve price, on the day of auction, and execute the contract for sale to facilitate the exchange of contracts on the day of the auction;

4. Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;

5. Transfers the proceeds of sale into the General Property Reserve; and

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

COUNCIL DECISION

Motion: Moved: Clr Waller Seconded: Clr Stanley

That Council:

1. Agrees to sell Lot 8 DP 246745, 150 Heathcote Road, Hammondville, by placing the property on the open market for sale by way of public auction through a local real estate agent;

2. Agrees to set the reserve price for the public auction as outlined in the confidential report;

4. Agrees that if the property is not sold at auction it is immediately placed on the open market for sale by private treaty;

5. Transfers the proceeds of sale into the General Property Reserve; and

7. An amount of 20% of the proceeds go back into park upgrades.

8. That the remaining 80% be used for community facilities.

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

ITEM NO: CONF 05

FILE NO: 012558.2016

SUBJECT: Question with Notice - Clr Stanley

Please address the following:

1. Can I be provided with an update of the Bus Shelter programme.

In response to a significant demand for bus shelters, Council has developed a city wide priority program for the progressive installation of bus shelters. The bus shelter program aims to encourage the use of public transport by providing shelters that are functional, aesthetically pleasing and meet regulatory standards for mobility and access.

However, due to competing priorities and constrained budgets, only limited funding has historically been directed towards the provision of new bus shelters resulting in a backlog of 40 shelters as at 30 June 2014.

In response to increasing demand for shelters and in view of the above backlog, Council explored a range of options for the cost-effective procurement of bus shelters and these options are documented in Council Reports DIE01 of 24 September 2014 and CONF01 of 29 April 2015.

However, a public tender process conducted in December 2014 for the purpose of establishing a long term supply contract for bus shelters was unable to elicit a satisfactory outcome. Subsequently Council, at its meeting held on 29 April 2015, resolved to enter into negotiations with Adshel (under the terms of the existing contract between Liverpool and Adshel) for the supply of additional bus shelters to Liverpool.

I am pleased to advise that satisfactory arrangements are now in place for the supply of bus shelters to Liverpool.

2. What is the current backlog?

As stated above, while there was a backlog of 40 shelters as at 30 June 2014, Council has since installed nine shelters in 2014 and a further ten are scheduled to be fully installed by May 2016. The cost effective supply arrangement with Adshel has enabled Council to accelerate its bus shelter construction program.

3. How many have been addressed from the back log?

As above.

4. Are we on track to have no back log by 2017-18?

Subject to the availability of increased levels of funding, the original backlog is expected to be cleared by 2018. However, the expansion of new release areas will continue to create additional demand for public transport facilities including bus shelters.

5. Did negotiations with Ad-Shell conclude and what was that outcome?

The response to this question has not been included in the minutes as it contains commercial information of a confidential nature that would, if disclosed, confer a commercial advantage on a competitor of the Council.

6. How many Bus shelters were provided in 2014-2015?

A total of nine bus shelters were provided between August and October 2014 covering the 2013/14 and 2014/15 program years.

7. Where were they?

· Heckenberg Rd, Sadleir - on the southern side at 87 Heckenberg Rd;

· Leacocks Lane, Casula - on the western side approximately 45m west of Roberts Rd;

· Flynn Avenue, Middleton Grange – on the northern side approximately 180m east of Kingsford Smith Avenue;

· Hume Highway in front Caltex in Casula;

· Cowpasture Road, Hinchinbrook - on the eastern side approximately 50m south of Collarenebri Rd;

· Mannow Avenue, West Hoxton - on the southern side approximately 50m west of Tunnack Close;

· Greenway Drive, West Hoxton - on the northern side approximately 70m west of Carmichael Drive;

· Joshua Moore Drive, Horningsea Park - on the northern side approximately 45m east of Cowpasture Rd; and

· Hoxton Park Road, Hoxton Park - on the northern side approximately 50m east of Glen Innes Rd.

8. How many will be provided 2015-2016?

Ten bus shelters are programmed to be installed in the 2015-16 program year.

9. Where will they be?

Hinchinbrook Drive, Hinchinbrook– on the western side approximately 72m south of Keppel Circuit;
Nuwarra Road, Moorebank - on the eastern side approximately 95m south of Maddecks Avenue;
Cartwright Ave, Miller - on the western side approximately 30m north of Hoxton Park Road;
Nineteenth Avenue, Hoxton Park- on the northern side approximately 46m west of Wollomombi Way;
Dalmeny Drive, Prestons - on the western side approximately 80m south of Pambula Avenue;
Feodore Drive, Cecil Hills - on the western side approximately 20m south of Hanover Street;
Green Valley Road, Green Valley - on the southern side approximately 50m west of Starling Street;
Busby Road, Green Valley - on the north eastern side approximately 41m west of Guernsey Street;
Wroxham St, Prestons - on the southern side approximately 145m west of Bernera Road; and
Brickmakers Drive, Moorebank - on the northern side approximately 42m east of Nuwarra Road.

Motion: Moved: Clr Stanley Seconded: Clr Waller

That the entire report, except point 5 (which is confidential under 10A(2)(d)(ii) of the local government Act be published in the minutes.

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

ITEM NO: CONF 06

FILE NO: 015688.2016

SUBJECT: Tender RCL 2519 - Removal and disposal of special waste – asbestos waste

RECOMMENDATION

That Council:

1. Accept the Tender from the below listed contractors for Tender RCL2519 – Removal and disposal of special waste – asbestos waste for an initial one year contract term with the option of extending 1 x 12 months.

· Affective Services Pty Ltd

· Terra Civil Pty Ltd

· Haines Bros Earthmoving Pty Ltd

· Beasy Pty Ltd

· Ronnie’s Demolitions Pty Ltd

2. Makes public its decision regarding tender RCL2519 – Removal and disposal of special waste – asbestos waste.

3. Notes that the Director will finalise all details and sign the Letter of Acceptance following publication of the 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 Stanley 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.

THE MEETING CLOSED AT 10.30pm.

Name: Ned Mannoun

Title: Mayor

Date: 24 February 2016

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 3 February 2016. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 01

Traffic Study Southern end of Liverpool

Strategic Direction	Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network
Key Policy	Traffic and Transport Plan
File Ref	034086.2016
Author	Anne Stanley - Councillor

Background

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

NOTICE OF MOTION

That Council:

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

2. Identify a source of funds for the study.

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

CHIEF EXECUTIVE OFFICER’S COMMENT

The RMS is currently undertaking detailed traffic modelling across the Liverpool city and major arterials.

This study models current demand and the potential traffic impacts of the proposed intermodals and other development, as well as regional growth.

This study area covers the M5 and the Hume Highway, including the intersection at Hoxton Park Road.

It is expected the study will be completed by May 2016.

Accordingly, it is recommended Council waits for the results of the RMS study. Council officers will brief Councillors on the study results when they are available.

CONSIDERATIONS

Economic and Financial	Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Undertake communication practices with the community and stakeholders across a range of media. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 02

Tree Preservation

Strategic Direction	Natural Sustainable City Lead the community to develop and implement environmentally sustainable practices
Key Policy	Integrated Environmental Sustainability Action Plan
File Ref	037054.2016
Author	Anne Stanley - Councillor

Background

Council is managing the provision of many green field housing sites over the next 10 years it should consider a policy that requires new estates to preserve healthy trees as much and as many as possible. I note that WSROC has also raised these issues http://www.wsroc.com.au/issues-campaigns/sustainability-and-environment . It is time that development sites are looked at differently and that other options are looked at instead of clearing all vegetation to ensure that new suburbs have better environments and trees for the future, rather than wait 20 years for the trees to regenerate. Trees and vegetation are necessary to improve water /air quality stop erosion and provide a better and more desirable environment for new residents.

NOTICE OF MOTION

That Council:

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

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

CHIEF EXECUTIVE OFFICER’S COMMENT

We are currently undertaking a review of the Liverpool Local Environmental Plan 2008 (LLEP). As part of that review, all aspects of the LLEP are being considered, including the protection of vegetation. It is noted though that the LLEP and Liverpool Development Control Plan 2008 currently provide controls on the retention and protection of vegetation. In areas of the South West Growth Centre, the State Government has determined areas of vegetation that does or does not have biodiversity value. Our review of the LLEP may provide options to better protect and retain vegetation as part of future developments.

Whilst a Council report could be prepared for the May 2016 meeting, it is unlikely that the report will be informed by appropriate studies by that time.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social and Cultural	Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership and Governance	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 03

Storm Removal Policy (trees on the Nature Strips)

Strategic Direction	Accessible Connected City Collaborate with key stakeholders to maximise community access to emerging technologies
Key Policy	Road Safety Plan
File Ref	037074.2016
Author	Anne Stanley - Councillor

Background

Over the last few weeks Liverpool has been badly affected by a series of storms which brought down trees and caused damage throughout Liverpool. Council staff, SES, Rural Fire Brigades and other emergency services should be recognised and thanked for their assistance in helping restoring roads and removing danger during that time.

A complaint from a resident however has brought to my attention Council policy that requires, when a street tree comes down for the resident to organise their own services and then ring the council when everything is completed for them to remove the tree. Given that residents cannot use the nature strip as their own (by parking or storing items etc) it is reasonable that Council formulate a policy and process which allows residents to ring Council and that we organise for the electricity provider, SES, Telstra and Council staff to attend the issue and deal with it efficiently and quickly and ensure that dangers to residents and staff etc are minimised.

NOTICE OF MOTION

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

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

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

CHIEF EXECUTIVE OFFICER’S COMMENT

That Council:

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

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

In the event that a Council tree has fallen after a storm event, the Council’s Local Emergency Management Officer (LEMO) is required to respond to the event to ensure that the site is safe and restored as quickly as possible. The LEMO is authorised to liaise with all government agency including SES, Electricity, Police, RMS etc. to take appropriate action to assist with the damage control. In the recent storm event the emergency control centre at Bass Hill SES headquarters was opened to manage the event and the Liverpool Council LEMO was present and working in cooperation with all other agencies to ensure that services were restored as quickly as possible.

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

The existing Emergency Management procedures are current and effective for managing incidents. This procedure forms as part of the state emergency management plan, which Council supports in the event of managing an emergency.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership and Governance	Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Actively advocate for federal and state government support, funding and services.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 04

Balloon and Flag Advertising

Strategic Direction	Vibrant Prosperous City Assist existing businesses to grow, innovate and become more competitive.
Key Policy	Economic Development Strategy
File Ref	038895.2016
Author	Peter Ristevski - Councillor

Background

Liverpool being a regional city currently does not have any policies regarding advertising via balloons and flags. However it does have a policy regarding advertising via A frames.

There are numerous balloons and flags scattered throughout the LGA yet we have only taken formal action against Peter Maatouk. Considering that there is a personal issue between the Mayor Ned Mannoun and Peter Maatouk transparency and public perception is even more critical. The amount of Council resources allocated to targeting Mr Maatouk’s balloon could be better utilised elsewhere considering that we do not have a policy for balloon advertising in place.

NOTICE OF MOTION

That:

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

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

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

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

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

CONSIDERATIONS

Economic and Financial	Further develop a commercial centre that accommodates a variety of employment opportunities. Facilitate economic development.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Undertake communication practices with the community and stakeholders across a range of media. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 05

Maintenance of Nature Strips

Strategic Direction	Liveable Safe City Create clean and attractive public places for people to engage and connect
Key Policy	Strategic Maintenance Plan
File Ref	039460.2016
Author	Peter Harle - Councillor

Background

For decades, Council has wrestled with the problem of certain land owners or occupiers failing to maintain and mow road verges and nature strips adjoining their properties.

I am advised that legally, Council's compliance staff are not empowered to force landowners to maintain and/or mow these areas.

The vast majority of property owners / occupiers in the Liverpool LGA take pride in their properties - but a small minority do not. The resulting unmaintained areas create various problems for everyone, including promoting allergy problems, creating difficulty walking along road verges, harbouring pests and vermin and detracting from the tidiness of these areas.

I propose that Council write to the Premier, the Minister for Roads, and the Minister for Local Government in order to seek a possible statutory solution that empowers Council to address these issues in appropriate cases.

NOTICE OF MOTION

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

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership and Governance	Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Actively advocate for federal and state government support, funding and services.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 07

Express rail service between Liverpool and City

Strategic Direction	Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network
Key Policy	Traffic and Transport Plan
File Ref	039489.2016
Author	Geoff Shelton - Councillor

Background

In the November 2014 Council meeting there was lengthy discussion concerning a Notice of Motion suggesting the Council lobbies the State Government for an express rail service between Liverpool and the City. Approximately three versions of this motion were presented prior to it being passed. More recently Council has also been involved in discussions relating to a request for the Metro Rail to be extended from Bankstown to Liverpool. However, over the last few days the media has reported in a number of outlets that the cost of rail travel to Liverpool will increase substantially, and in many instances this increase has been labelled as 'discriminatory'. Accordingly, the following motion is proposed.

NOTICE OF MOTION

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

CONSIDERATIONS

Economic and Financial	Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Provide efficient parking for the City Centre. Facilitate economic development. Facilitate the development of new tourism based on local attractions.
Environmental and Sustainability	Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social and Cultural	Raise awareness in the community about the available services and facilities.
Civic Leadership and Governance	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Actively advocate for federal and state government support, funding and services.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 09

Liverpool LGA events calendar

Strategic Direction	Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney
Key Policy	Marketing and Promotion Strategy
File Ref	039577.2016
Author	Geoff Shelton - Councillor

Background

The Liverpool LGA does not have a single calendar, space, resource or app. for listing forthcoming events in the Liverpool LGA area. Given Liverpool promotes itself as a destination and the centre of The Great South West it is suggested this issue bears further scrutiny. The heart of the issue is not whether such a resource is provided by Council, or with council assistance, or by some other means; simply that the point bears further consideration. Currently details of council functions and council sponsored functions are available on its website, and the 'Your Liverpool' publication also provides details of events, but it is suggested there may be room for a broader and more encompassing approach. Other regions do provide such a resource by a variety of means.

NOTICE OF MOTION

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

CONSIDERATIONS

Economic and Financial	Facilitate the development of new tourism based on local attractions.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination. Support access and services for people with a disability. Deliver high quality services for children and their families.
Civic Leadership and Governance	Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Notices of Motion

NOM 10

Asbestos and Staffing Issues

Strategic Direction	Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations
Key Policy	Workforce Management Plan
File Ref	039656.2016
Author	Tony Hadchiti - Councillor

Background

During a discussion recently with a Union official a staffing issue was raised with me.

The official stated that they were not pleased with the fact that a staff member has been called in to be interviewed by Council lawyers.

The issue and need for questioning was due to an allegation made that this staff member had planted pieces of asbestos in areas within our LGA.

Whilst noting the Local Government Act states that Councillors are not permitted to get involved in staffing issues, the asbestos issue is a matter that Councillors are dealing with and the management of the issue is our responsibility.

I am requesting that the CEO update Council on any issues relating to asbestos and if permitted receive an update on the claims made by the union official.

NOTICE OF MOTION

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

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	Manage air, water, noise and chemical pollution. Raise community awareness and support action in relation to environmental issues.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Undertake communication practices with the community and stakeholders across a range of media. Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Chief Executive Officer Report

CEO 01

Corporate Sponsorships

Strategic Direction	Proud Engaged City Strengthen and celebrate Liverpool’s unique community identity
Key Policy	Communications Plan
File Ref	008207.2016
Report By	Jennifer Havilah - Strategic Communications & Research Manager
Approved By	Carl Wulff - Chief Executive Officer

Executive Summary

Council provides financial assistance to the community through the Corporate Sponsorship program.

The Financial Contributions Panel (FCP) recently considered applications from local residents and community groups for Corporate Sponsorship.

This report presents the funding recommendations made by the FCP for Council's consideration.

RECOMMENDATION

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

Applicant name	Amount
Hockey NSW	$1,650 ex gst
Trooper Lu’s Garage	$5,000 ex gst
Australian Paranormal Phenomomen Investigators	$3,000 ex gst
Liverpool City Robins Sports Club	$1,500 ex gst

REPORT

This report contains the most recent recommendations by the FCP for Corporate Sponsorship.

Corporate Sponsorship

Council delivers a Corporate Sponsorship Program for local organisations seeking financial support to deliver events that benefit Liverpool. One application for corporate sponsorship was received by Council. The application met the program criteria and is recommended for funding. The program criteria can be found as an attachment to this report for the reference of Councillors. A summary of the request received and the FCP recommendation are shown in the table below.

APPLICANT	PROJECT NAME & DESCRIPTION	AMOUNT REQUES-TED	AMOUNT RECOMM-ENDED
Hockey NSW	Basil Sellers Regional Schools Challenge Clinic, Moorebank Hockey Fields Free hockey clinic for local primary school to come and try the sport. The clinic is part of the Basil Sellers City vs Country Regional Challenge which will bring 750 U13 and U15 players and their families to the area. This is an inaugural event. Funds are being requested to purchase Hockey Starter Kits for the first 100 children that register for the program. Benefits: Speaking opportunity, logo inclusion on event signage and promotional material, opportunity to display signage at the event. Sponsor recognition with media releases. Alignment with program criteria: While the activity is not occurring in the city centre it does align with Council’s healthy active city direction. Recommended for funding at the $1,650 level.	$1,650 ex GST	$1,650 ex gst
Trooper Lu’s Garage	Trooper Lu’s Garage Open day 2016, 3/80 Heathcote Rd and adjoining premises A Family fun day focused on Motorcycling as a sport and the growth of the Motorcycling Community. It is a day to showcase the sport in a fun atmosphere with a range of activities including face painting, stunt shows, test rides, petting zoo, music and prizes. The event has free entry with expected attendance of 5000-6000. Funds are being requested for equipment hire, guest speakers and entertainment. Benefits: Branding on advertising, speaking opportunity, opportunity to display signage at the event, stall at the event, sponsor recognition in media releases. Alignment with program criteria: While the activity is not occurring in the city centre, it will attract a large crowd and bring national guests who will receive media attention. The event provides the opportunity to profile Liverpool in a positive light through the attendance of media who attend and stay in local hotels. The event uses local suppliers and businesses for equipment rental and entertainment. Recommended for funding at the $5,000 level.	$30,700 ex GST	$5,000 ex GST
Australian Paranormal Phenomomen Investigators	Oz Paranormal & Spiritual Expo, Casula Powerhouse Arts Centre An expo offering psychic readings, presentations on mediumship and market stalls. Entry cost is $5 per person, expected numbers are 2000. The entry fee contributes to covering event costs. Funds are being requested for securing the event headliner – Mitchell Coombes, a well-known psychic. Benefits: Branding on advertising, speaking opportunity, opportunity to display signage at the event, sponsor recognition in media releases, two VIP tickets and 10 general passes to the event. Alignment with program criteria: Whilst the activity is not occurring in the city centre, it uses a local venue. Guests travelling to the event use local hotels and restaurants. The event has the opportunity to showcase Liverpool to a wide audience through the attendance of public figures such as Mitchell Coombes and Richard Saunders. Recommended for funding at the $3,000 level.	$5,000 ex GST	$3,000 ex GST
Liverpool City Robins Sports Club	Building bridge and fencing at Ash Road complex Robins Sports Club has received a grant to build a bridge to provide safe and easy access to their training ground. There are 300-500 families visiting the ground each weekend for sport. Funds are being requested to have the plans drawn by an engineer to be approved by Council. Benefits: Ribbon cutting/bridge opening ceremony, opportunity for the Mayor to do a speech, Council signage. Alignment with program criteria: Moderate alignment - while the activity is not occurring in the city centre, it will enhance and improve safety at a local venue. The work will be conducted by a local draftsperson and the bridge will be built by a local builder. It will also assist with Council’s healthy active city direction. Recommended for funding at the $1500 level.	$1,500 ex GST	$1,500 ex GST
Australian Turf Club	Chipping Norton Stakes Day, Randwick Racecourse, 27/2/16 Chipping Norton horse racing event, usually held at Warwick farm racecourse, however due to bad weather causing damage to the race course it has been relocated to Randwick for 2016. Estimated attendances 7,500. Ticketed event. Benefits: Logo inclusion on event signage, opportunity to display Council signage at the event, logo inclusion on advertising, sponsor recognition with media releases, logo inclusion on promotional material, opportunity to present a speech at the event. 100 free tickets for Liverpool residents. Alignment with program criteria: The event has provided strong branding benefits for Council in previous years including: - naming rights - signage and branding on event day - ad in the program and on the big screen - advertising on the ATC website, social media and email marketing However due to the being moved to Randwick for 2016 and the short lead time for promotion opportunities, it is not recommended for funding this year.	$5000 ex GST	$NIL

CONSIDERATIONS

Economic and Financial	The 2015/16 Corporate Sponsorship Program has a budget of $125,000, with a remaining balance of $NIL. If the recommended amount of $11,150 is endorsed, the remaining balance will be $NIL.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Chief Financial Officer

CFO 01

Investment Report January 2016

Strategic Direction	Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations
Key Policy	Long-Term Financial Plan
File Ref	029400.2016
Report By	Christian Hope - Senior Financial Accountant
Approved By	Gary Grantham - Chief Financial Officer / Director Corporate Services

Executive Summary

This report details the Council’s Investment portfolio.

At 31 January 2016, Council held investments with a market value of $163.95 million. The portfolio yield for twelve months ended was 3.42 per cent exceeding the benchmark of 2.27 per cent by 115 basis points for the same period.

Council’s investments and reporting obligations fully comply with the requirements of Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

Council’s Portfolio

At 31 January 2016, Council held investments with a market value of $163.95 million. Council’s investment register detailing all its investments is provided as an attachment to this report.

In summary, Council’s portfolio consisted of investments in:

As at the end of January 2016, the ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class	Jan-16	Jun-15
Senior Debts (FRN’s & *TCD’s)	100.21 %	100.49%
MBS (Reverse Mortgage Backed Securities)	65.55 %	66.01%

* A TCD stands for Transferrable Certificate of Deposit; it is a security issued with the same characteristics as a Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council continues to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

Portfolio Maturity Profile

The table below shows the percentage of funds invested at different durations to maturity.

Market Value by Issuer and Institution Policy limit as per Investment Policy

Overall Portfolio Credit Framework compliance to Investment Policy

Portfolio Performance against Bank Bill Swap Rate (BBSW)

The 90 day BBSW is often referred to as the reference rate for market interest rates and, in particular, is used to benchmark yield on fixed Income securities.

Council’s investment portfolio yield for the 12 months ended 31 January 2016 was 3.42 per cent which exceeded benchmark of 2.27 per cent by 115 basis points for the same period. Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower deposit yields on offer. Council’s ongoing outperformance has been boosted by a handful of longer term investments yielding above 4% and maturing out to 2019. Return on investments is expected to slowly decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns.

Comparative yields for the previous months are charted below:

Investment Portfolio at a Glance

Portfolio Performance vs. 90 day Bank Bill index over the 12 month period.		The portfolio yield for 12 month ended is 115 basis points above the benchmark for the same period (3.42% against 2.27%).
Annual Income vs. Budget		Council’s investment year to date interest income was above budget as at 31 January 2016 by $37k.

Investment Policy Compliance

Legislative Requirements		Fully Compliant.
Portfolio Credit Rating Limit		Fully Compliant.
Institutional Exposure Limits		Fully Compliant.
Term to Maturity Limits		Fully Compliant

Economic Outlook – Reserve Bank of Australia

The Reserve Bank Board meets eleven times each year, on the first Tuesday of each month, except in January. The cash rate remains at historically low level of 2.0 per cent and it is adversely impacting returns on investment. Returns on Term Deposits and Floating Rate Notes have significantly dropped since the last twelve months. The average market returns on term deposits are:

· Longer term deposits (> 3years maturity) - 3.0% to 3.4% p.a

· Medium term (2 to 3 years to maturity) - 2.9 % to 3.0 % p.a.

· Short term deposits rate (less than one year to maturity) – ranges from 2.3% to 2.9% per annum.

· Cash & Cash At Call accounts range from1.7% to 2.6%

· 31 Days’ Notice Account 2.8%

Certificate of Responsible Accounting Officer

The Chief Financial Officer, as Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.

CONSIDERATIONS

Economic and Financial	Council’s investment year to date interest income was above budget as at 31 January 2016 by $37k.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

ATTACHMENTS

1. Investment Details - January 2016 View

2. Performance graph: Actual to Budget - January 2016 View

Ordinary Meeting 24 February 2016

Chief Financial Officer

CFO 02

Appointment of External Auditors

Strategic Direction	Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations
Key Policy	Long-Term Financial Plan
File Ref	032579.2016
Report By	Vishwa Nadan - Manager Financial Services
Approved By	Gary Grantham - Chief Financial Officer / Director Corporate Services

Executive Summary

Council’s contract with PricewaterhouseCoopers for the provision of auditing services expired at the completion of the 2014/15 annual accounts and close-out process. In absence of an appointed auditor, Section 425 (1) of Local Government Act 1993 authorises the Auditor-General to audit Council’s financial reports.

RECOMMENDATION

That Council:

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

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

REPORT

A 6 year contract with PricewaterhouseCoopers (PWC) for the provision of auditing services, expired at the completion of the 2014/15 annual accounts and close-out process.

The appointment of auditors is subject a public tender process as required by Local Government Act 1993.

Tender for provision of external audit services was postponed in light of the impending local government reforms, including a merger proposal between Liverpool and Fairfield Councils.

In the Fit For The Future (FFTF) assessment, Liverpool City Council was not earmarked to amalgamate with any other Council.

Following this decision Council had two options:

1. call for a public tender, or

2. extend invitation to the Audit Office of NSW.

In absence of an appointed auditor, Section 425 (1) of Local Government Act 1993 authorises the Auditor-General to audit Council’s financial reports.

The Office of Local Government has highlighted that the local government reform program suggests the Audit Office of NSW taking over the auditing services for all Council’s and is supporting option two above.

Council officers have commenced initial engagement meetings with the Audit Office of NSW. Whilst not known at this stage, the audit fee is expected to be around $70,000 previously charged by PricewaterhouseCoopers.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

Nil

Ordinary Meeting 24 February 2016

Chief Financial Officer

CFO 03

Budget Review - December 2015

Strategic Direction	Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations
Key Policy	Long-Term Financial Plan
File Ref	033907.2016
Report By	Vishwa Nadan - Manager Financial Services
Approved By	Gary Grantham - Chief Financial Officer / Director Corporate Services

Executive Summary

In May 2015 Council adopted its 2015/16 operating budget with projected revenue of $197.2m and expenditure of $156.6m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for a deficit of $0.3m.

For the quarter ended 30 September 2015, Council approved budget adjustments through resolutions and budget review process, resulting in a revised revenue target of $205.7m and expenditure of $161.9m. This translated to revised deficit net operating result before grants and contributions provided for capital purposes of $1.2m.

The review of Council's budget at 31 December 2015 and resulting adjustments will decrease the budgeted net operating deficit before grants and contributions for capital purposes to $0.6m for the year ending 30 June 2016 (Ref attachment 1 – Note G). The deficit of $0.6m is the accumulation of the Original Budget of -$0.3m, Q1 adjustment of -$0.8m and the proposed Q2 adjustment of +$0.5m (Ref attachment 1 – Note C).

The revised deficit net operating results for Fit For the Future purposes is $7.1m, $4.1m of the deteriorating result was explained last quarter (the majority was waste related). The further $3m deterioration relates to additional waste management costs of $2.0m and additional Planning & Growth costs. A total of $5m once-off costs will be invested to address waste management processes that have existed in excess of 10 years.

The second quarter budget review for 2015/16 has also resulted in a net $9m (Ref attachment 1 – Note F) increase to Council’s capital expenditure program. This includes $8m brought forward expenditure on Carnes Hill Project, $4m land acquisition for North Carnes Hill Project, and $4m deferment of expenditure on the Macquarie Mall Revitalisation Project. See Attachment 3.

RECOMMENDATION

That Council:

1. Receives and notes the report;

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

REPORT

Legislative Requirements

Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 31 December 2015.

Commentary

Operating Budget

A comprehensive budget review conducted at second quarter ended 31 December 2015 has resulted in further operating budget adjustments, as detailed in Attachment 2. As part of the Budget Review, managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ended 30 June 2016. Managers take into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for the budget adjustments.

The review has resulted in $8.7m increase in total revenue mainly in S94 contributions for capital purposes and recognition of an additional $3.3m net gain from disposal of assets. Total expenditure is also projected to increase by $3.8m to $165.6m mainly due to to inclusion of additional $2m for waste remediation works, $0.9m for LEP and other consultancy, $0.3m expected loss on Whitlam Centre operations and $0.2m legal expenses to fund Moorebank Recyclers case.

The proposed budget changes will decrease the unfavorable budgeted net operating result before grants and contributions for capital purposes to a deficit of $0.6m for the year ending 30 June 2016 (Ref attachment 1 – Note G). The deficit of $0.6m is the accumulation of the Original Budget of -$0.3m, Q1 adjustment of -$0.8m and the proposed Q2 adjustment of +$0.5m (Ref attachment 1 – Note C).

Capital Budget

Details of the proposed budget changes are provided in the attachments.

Attachments 1 - Quarter 1 Budget Review Summary (QBRS): This report presents a summary of Council's budgeted financial position at end of the quarter. The key indicators include:

1. The revised budgeted income and expenditure for the year against the original estimate of annual income and expenditure as shown in Council’s Operational Plan

2. The forecast income and expenditure to 30 June 2016

3. Changes following Quarter 2 budget review

4. The proposed budget for 2015/16 financial year

Attachments 2 – This report provides details of operating budget adjustments

Attachments 3 – This report provides details of capital budget adjustments

Attachment 4 & 5 – Grants Status Report: Has two components, first listing all annual grant submissions and second, listing all grants that have been applied for during the quarter detailing the project title, amount sought, funding body and status of the application. Council officers are continually seeking alternate sources of funding as opportunities arise.

Attachment 6 - Cash and Investments Statement: Providing a reconciliation of restricted and unrestricted funds to the level of Cash and Investments held as at 31 December 2015

Attachment 7 - Key Performance Indicators

Attachment 8 - 9 Contracts and Other Expenses Statement.

As the Responsible Accounting Officer, it is the Chief Financial Officer’s opinion that the short term financial position of Council is considered satisfactory.

This Report recommends that Council receives and notes the report and votes the budget variations in accordance with this report.

CONSIDERATIONS

Economic and Financial	The budgeted net operating result before Grants and Contributions for Capital Purposes following Quarter 1 Budget Review and Council resolutions to September 2015 will be a deficit of $0.6m
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

1. QBRS- Consolidated Financial Results View

2. Operating Budget Adjustments View

3. Capital Budget Adjustments View

4. Grant Status Report - Applications View

5. Grant Status Report - Received View

6. Cash & Investment Report View

7. Key Performance Indicators View

8. Consultancy & Legal Expenses Budget Review Statement View

9. Contracts Budget Review Statement

129

Ordinary Meeting 24 February 2016

Community and Culture Report

DCC 01

Midnight Basketball Report at end of Contract between Council and Midnight Baksetball Australia

Strategic Direction	Healthy Inclusive City Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers
Key Policy	Youth Strategy
File Ref	013109.2016
Report By	Derek Tweed - Community Development Worker (Youth)
Approved By	Kiersten Fishburn - Director Community & Culture

Executive Summary

Midnight Basketball is a national social inclusion program to help 'at-risk' youth build skills and confidence, and identify and embrace positive opportunities in their community. At its meeting on 29 May 2013 Council resolved to deliver four Midnight Basketball Tournaments to provide young people with an opportunity to engage in physical structured activities and to develop life skills.

Council staff met with Midnight Basketball Australia in order to deliver the Midnight Basketball program in Liverpool and an agreement was signed on 4 November 2013. Council completed the fourth and final tournament in December 2015 as per the agreement.

This report outlines the outcomes of the four Midnight Basketball programs as well as the associated costs of delivering the program.

RECOMMENDATION

That Council receives and notes this report.

REPORT

The Midnight Basketball program is an intensive program, merging themes of sport, recreation, healthy lifestyles and education with the aims of reducing anti-social behavior and providing positive role-modelling targeted at young people aged 12-18 who are considered ‘at-risk’ in the local community.

A Committee was formed with responsibility for overseeing and implementing the Midnight Basketball program in Liverpool. Four tournaments were delivered, with the first commencing in February 2014 and the final tournament delivered in December 2015. All tournaments were held at the Michael Wenden Aquatic Leisure Centre in Miller.

Key components of each night of the Midnight Basketball program included a hot, nutritious dinner followed by a compulsory life skills workshop, then a minimum of three games of competition basketball. Mini buses took all players home to their front door by midnight.

Participants

The Midnight Basketball program has proved to be very popular amongst local young people. The program allows for 60 young people to participate each week in the program so that all participants have an opportunity to be involved equally.

Attendance rates

Tournament	Registrations	Unique Attendances	Total Attendances	Average Attendances
14 Feb – 4 April, 2014	99	79	439	55
17 Oct – 5 Dec, 2014	86	76	457	57
1 May – 19 June, 2015	94	80	463	58
16 Oct – 4 Dec, 2015	78	72	447	56
Sub-Total	357	307	1806	57

Volunteers

The Midnight Basketball Program relies heavily on volunteers to assist in delivering the eight week program. This includes the committee members and volunteers who attend the night sessions. The program is set up for local community agencies to provide the majority of the volunteers, however this has proven to be difficult in Liverpool with only minimal community workers committing to be involved in the program.

We have, however, been fortunate that local businesses, residents and students have seen the benefits of the program and 654 total volunteer attendances were recorded as giving up their time to volunteer for the program.

The in-kind cost savings of the 654 volunteers is significant over the four tournaments and is equivalent to $56,538.00 based on the national minimum wage of $17.29 per hour.

Maintaining committee members and volunteers is an area that will require further relationship building to occur, due to the natural attrition of volunteers and the timing of the program which occurs on a Friday night between 7pm-Midnight.

Program Financial Costs

The agreement signed between Midnight Basketball Australia and Council includes a tournament contribution from Midnight Basketball Australia of $10,000 plus GST, for each eight week program that is delivered. Council is responsible for meeting the remaining costs if in-kind support is not available.

The cost of delivering the four tournaments was $68,952.24. This does not include staff overtime payments which were an additional $16,309.30.

Tournament	Program costs	Midnight Basketball Contribution	Council Contribution
14 Feb – 4 April, 2014	$18,993.84	$10,000	$8,993.84
17 Oct – 5 Dec, 2014	$16,633.85	$10,000	$6,633.85
1 May – 19 June, 2015	$17,142.01	$10,000	$7,142.01
16 Oct – 4 Dec, 2015	$16,182.54	$10,000	$6,182.54
Totals	$68,952.24	$40,000	$28,952.24

The above table does not include in-kind support provided. In-kind value included buses provided by Liverpool PCYC and Ashcroft High School, workshop facilitators, youth workers, printing, postage and phones and was valued at approximately $10,585 per tournament,

Staffing

The Community Development Worker (Youth) is responsible for the delivery of the Midnight Basketball Program in Liverpool and also attends the program nights. A contractor specialising in basketball was also hired during the eight week program to facilitate the program nights and administration tasks. Both the Community Development Worker (Youth) and contractor work alongside the committee to plan, prepare and deliver the program. One of the limitations to the program design is that the majority of the committee members are employed full-time, therefore they were limited in what that could contribute. This impacted the Community Development Youth portfolio, particularly the delivery of other youth related activities, as the majority of the preparations required were undertaken by the worker.

Moving Forward

The Midnight Basketball program in Liverpool so far has been very successful and has been an important activity for young people in the local area. The participation rates of young people at an average of 95% for the ‘at-risk’ target group is an outstanding achievement and suggests the Midnight Basketball program has an important strategic role to play in providing structured activities that are promoting healthy and safe lifestyles for young people.

Whilst research suggests diversionary activities such as Midnight Basketball may decrease or prevent risk taking behaviours, to be most effective, participation should be structured and coordinated with other locally based services. Midnight Basketball has an important role in identifying and engaging youth with local service providers, thereby increasing the potential for issues to be addressed over the longer term and influence the young person’s behaviour. With the delivery of further tournaments, Council will seek to develop a stronger evaluation framework in partnership with Midnight Basketball Australia that measures the reduction in prevention of those at risk and the skills developed amongst young people.

The Community Development and Planning team will request funds through Council’s annual budget process to sign another two year agreement with Midnight Basketball to deliver another four tournaments.

CONSIDERATIONS

Economic and Financial	Budget allocation to continue program for another two years will be requested through Council’s annual budget review process.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support policies and plans that prevent crime. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership and Governance	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.

ATTACHMENTS

Nil

135

Ordinary Meeting 24 February 2016

Community and Culture Report

DCC 02

Combatting Childhood Obesity with Sport - Updated Report

Strategic Direction	Healthy Inclusive City Improve health and wellbeing and encourage a happy, active community
Key Policy	Recreation Strategy
File Ref	029645.2016
Report By	Mark Egan - Coordinator Community Planning
Approved By	Kiersten Fishburn - Director Community & Culture

Executive Summary

A Notice of Motion in relation to combatting childhood obesity using sport was presented to Council’s December 2014 meeting. Council resolved to undertake research into this matter and return with a report that detailed the most appropriate means of encouraging and supporting children’s participation in formal ‘Saturday’ team sport.

A report was presented at the May 2015 Council meeting. Council resolved to defer the report until more detail could be provided in relation to policy and implementation of the proposed approaches.

Since this time, a number of programs have been investigated and further research undertaken to determine the best way to address childhood obesity and to support organised sport participation to this end. This report summarises this work and recommends the funding of a flexible school holiday program that will require $20,000 to be submitted to Council for consideration via a 2016-17 budget bid.

RECOMMENDATION

That Council receives and notes this report.

REPORT

At its December 2014 meeting, a Notice of Motion (NOM) was tabled on combatting childhood obesity with sport. In response to this notice of motion, Council resolved to:

1. Undertake an investigation of the most appropriate means of encouraging and supporting children’s participation in formal ‘Saturday’ team sport across the Liverpool Local Government Area, including research on subsidising the cost of children’s registration to a relevant sporting organisation.

2. Provide a report to Council with information on the above, together with the financial cost to Council.

While the above resolution does not specify it, the NOM also discussed the issue of childhood obesity as a key reason for encouraging and supporting children’s participation in sport.

Summary of research

Council staff have investigated trends in organised sport and reviewed subsidy programs that have been delivered to encourage participation in organised sport.

There are a range of benefits to be gained from participating in organised sport. Beyond the obvious physical health benefits there are mental health benefits, development of teamwork and negotiation skills, self-discipline, learning the etiquette of a social system, decision-making skills and confidence building.

It is important to note that organised sport is one means among many of addressing childhood obesity. Unstructured recreational opportunities are just as important, if not more so, in providing an effective means of increasing the health and wellbeing of our community. Current research indicates that:

1. Participation trends show a shift away from organised team sports and towards more unstructured recreational pursuits (Clearinghouse for Sport, 2015);

2. Only participating in team sports on a Saturday is not adequate in keeping children healthy (Active Kids Australia Report, 2015); and

3. Girls in particular are far less motivated by competitive sports than boys are (VicHealth Report, 2015).

Participation in Liverpool

According to recent research, about 15,000 people across all age groups play organised sport in Liverpool. The most popular sport is soccer, followed by cricket and netball. However, men and women participate very differently. Netball is the most popular sport for women with 100 percent of participants being female. Comparatively, only 10 percent of soccer players are female. Available national data indicates that around two thirds of the participants in organised sport are likely to be under the age of 18 years; therefore around 10,000 young people participate in organised sport in Liverpool. Given that Liverpool’s estimated residential population figures indicate that there are 36,486 children aged 5-17 years, this means around 30 percent of Liverpool’s young people are involved in organised sport.

Barriers to participation

The Australian Sports Commission (ASC) undertook research into the factors that influence participation of young people in sport. With children under 18 years of age, participation is influenced primarily by parents. The key barriers to participation identified in the research can be summarised as follows:

· Time: perception (or reality) that parents did not have the time to commit their support to their children’s participation.

· Cost: a barrier identified particularly by lower income families.

· Cultural background: trends show that Australian-born children, and children with both parents born in Australia, are statistically more likely to participate in sport. Aboriginal and Torres Strait Islanders and CALD background children have much lower participation rates.

· Parental attitudes: The most important indicator of a child’s sports participation is parental attitude towards the benefits of recreation. In relation to cultural background, the tacit conclusion is that parents from countries that are not as sports-centric as Australia are likely to pass these attitudes onto their children.

In the local context, Council should be mindful of Liverpool’s population demographics:

· 40 percent born overseas;

· 50 percent speak a language other than English at home;

· Liverpool is in the top five locations for numbers of humanitarian visa settlements in Australia;

· Lower average income levels than Greater Sydney; and

· SEIFA shows high levels of disadvantage in 2168 postcode area and Warwick Farm.

In summary, Liverpool City has pockets of significant socio-economic disadvantage as well as a significant proportion of people who are culturally and linguistically diverse. Both these factors create barriers to participation in organised sport.

Preliminary discussions with the Liverpool Migrant Resource Centre (LMRC) have confirmed the above research findings. It was noted by the LMRC that cost is the greatest barrier to participation in organised sport for young people they work with and it was also confirmed that the vast majority of boys they work with are interested in playing soccer.

Sports Subsidies

Council staff also investigated what subsidy programs exist to support individuals to participate in organised sport. Examples of relevant subsidy programs are as follows:

· Office of Recreation and Sport (SA) – voucher program that offers all primary school aged children a $50 discount on the cost of registration with an approved sports club or code. See http://www.sportsvouchers.sa.gov.au/

· Kidsport (WA) – sports concession opportunity for children aged 5-18 subject to certain eligibility criteria. See http://www.concessions.wa.gov.au

· Camps, Sports and Excursions Fund (VIC) – broader grant that assists disadvantaged families with sporting registration costs and other children’s activities.

· Multicultural NSW – NSW Refugee Sport Sponsorship: up to $500 per young person (up to age 25) to cover various costs associated with participation. Only applies to young people who have been in Australia for 0-5 years. Previously administered by Community Relations Commission and not yet available in 2016.

· Sports without Borders – run programs introducing refugee young people to organised sport which culminate in an offered subsidy for each participant to cover costs of registration in a team sport.

· Sporting Codes – some codes offer their own fee subsidy program, including netball, rugby league.

Broad subsidy programs exist in different states and through a few target-group focused organisations. While a similar program existed in the past in NSW, no equivalent program is currently available on the NSW Office of Sport and Recreation website. Despite this gap, it would appear that responsibility most appropriately ought to rest with State government (if the trend in other states is anything to go by). Clearly though, such a program would be expensive to fund and very complex to administer. No sports registration fee subsidy program was found to operate in similar NSW local government areas.

How does Council currently support organised sport?

Council does a number of things to support organised sport across the Liverpool local government area, from support of local clubs through to encouraging higher rates of participation amongst children and young people. Liverpool City Council provides:

· Heavily subsidised sports ground hire for local clubs – i.e. the amount we charge clubs to hire our sports fields and associated facilities is nowhere near the actual cost that Council expends in planning, building and maintaining them.

· On-going sports club capacity development work – supporting clubs with grant applications and plans to grow their membership and develop their facilities.

· Midnight Basketball – crime prevention program that engages young people not typically involved in organised sport.

· Sports donations program – subsidising attendance and involvement in high level sports competition for talented local organised sports participants.

· One-off programs, e.g. Youth Week events and activities, etc.

Beyond these specific things, Council actively assesses where sports fields and other recreational facilities are needed. For example, most recently, consultation has been conducted for new formal and informal recreational opportunities in Middleton Grange. This will inform the embellishment of open space within this growing suburb.

What should we do in addition to this?

The key gap observed in Liverpool is a lack of sports and recreation-based school holiday programs. Council provides children’s activities during the school holiday periods, but they are of a cultural nature and delivered either through libraries or the Casula Powerhouse Arts Centre. It should also be noted that the YMCA (via our Whitlam and Wenden Leisure Centres) run some programs during the school holiday period as well.

It has been found that many other councils offer recreation programs during the school holidays. Programs are often free or relatively affordable.

It is proposed, therefore, that a school holiday sports subsidy fund be established, where staff can identify one sporting activity per school holiday period to subsidise, reducing the cost of participation for children and making the activity more affordable for families. Subsidised sporting programs can work as a taster for participation in organised sport – e.g. a one-day soccer or netball clinic.

The aim of the program would be to build and improve partnerships with local sporting and recreation providers to build their own capacity through seed funding activities to reduce the cost to the community to participate, and to increase activity levels of children and young people in Liverpool. The program would provide health and other associated benefits such as improving self-esteem, promoting social inclusion and a sense of belonging, as well as reducing anti-social behaviour due to boredom.

Proposed approach

A school holiday sports program is the recommended approach to encouraging children’s participation in organised sport. There are a number of advantages and benefits to this approach:

· Meets an identified gap in service provision

· Provides a variety of school holiday opportunities

· Is a low-cost option for parents

· Can be easily administered

The school holiday subsidy program would provide a flexible framework to support a broad range of school holiday recreational activities. Such activities could involve:

· Soccer clinics / Netball clinics

· Skate board / BMX / Scoter / learn to ride programs

· Kayak activities on Chipping Norton lakes

· Little athletics activities

· Yoga / other group fitness activities

· Swimming / water based activities

· Try a sport day

· Other recreation activities that promote fitness and being active in children

The program will be delivered as follows:

1. Council staff will investigate a variety of options that represent quality sport and recreation opportunities for children and young people and that can delivered during the school holidays within the Liverpool LGA.

2. Staff will assess each option against the following criteria:

· identified health and well-being benefit;

· number of children who can participate;

· amount of funding required to subsidise participation cost;

· Whether or not the sport/activity has been subsidised before;

· Does the activity target a group who have lower sports participation rates; and

· Is the sport/activity likely to be popular with children and young people?

3. The preferred activity will be recommended to the Director Community and Culture who will make the final decision on the subsidised activity.

4. Once approved, the activity will be advertised in the local newspapers and via a regular school holiday section on Council’s website, detailing the activities, the cost, and how to register.

Participation eligibility will be children and young people aged 5-17 years. Different programs may cater to a narrower age category within this broader range.

Care will be taken to ensure that activities are not duplicated so that a broad variety of opportunities can be provided.

Should Council be minded to support this initiative, a budget allocation of $20,000, to introduce a pilot program, will be requested through Council’s annual budget process.

CONSIDERATIONS

Economic and Financial	A budget allocation of $20,000, to introduce a pilot program, will be requested through Council’s annual budget process.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Deliver high quality services for children and their families. Help to increase the health and wellbeing of Liverpool residents.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

ATTACHMENTS

Nil

137

Ordinary Meeting 24 February 2016

Community and Culture Report

DCC 03

Jobskills Workshops for Baby Boomers

Strategic Direction	Healthy Inclusive City Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers
Key Policy	Ageing Strategy
File Ref	030401.2016
Report By	Rebekah Elliott - A/ Coordinator Community Development
Approved By	Kiersten Fishburn - Director Community & Culture

Executive Summary

At the Council meeting on 29 July 2015 Council resolved to:

1. Investigate the demand and feasibility of providing free workshops for resident baby boomers to upgrade their job skills using modern technology.

2. Report back findings of the study.

This report presents the research findings including the key issues for employers retaining and engaging mature aged workers. It also discusses the ongoing initiatives and activities Council can continue to deliver to support resident baby boomers.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Council’s Community Development and Planning unit have undertaken research into the needs of baby boomers in relation to employment. This research identified that the key priority to better supporting mature aged workers is the need to work with local business leaders to become strategic in their approach to attracting and retaining mature workers. This is done directly through government employer incentive programs and toolkits to local business. Local government has a significant role in promoting these programs.

There is no simple solution to mitigating the risk associated with skilled and experienced employees transitioning to retirement; nor to attracting, engaging and retaining older workers in any employee base. Research suggests not enough Australian companies have strategies in place (or planned) to address these issues. The Federal Government has taken a significant role in encouraging older workers to delay retirement by targeting both employees through policy and superannuation changes, and employers through a range of incentives.

While it is acknowledged that Federal and State Governments hold the statutory authority and funding allocation to provide services to support those experiencing unemployment, Council recognises that it has an important role in local leadership and can assist and complement the work of other tiers of government as facilitators of solutions to local employment and skill development opportunities.

Council will continue to support resident baby boomers through the delivery of the following initiatives and activities:

· Deliver the Broadband for Seniors program which involves training in computer basics and use of the internet. It is a two hourly workshop run weekly in Liverpool Library.

· Deliver “Tech Savvy Seniors” which is a series of 12 workshops; four each in Hindi, Arabic and Chinese covering the same themes as Broadband for Seniors. Trainers are provided by the Ethnic Community Council of NSW and the workshops are run at the Liverpool Library.

· Deliver free “Computer Training @ Your Local Library” workshops at all Liverpool Library branches. These are two hour sessions, run weekly. They are broad courses for computer, email, internet and social media training, with a question and answer session.

· Promote training opportunities delivered by external agencies to residents through Council’s website and networks including Liverpool U3A (‘University for the third age’) School for Seniors and Macarthur Community College.

· Promote government employer incentive programs and toolkits to local business including Corporate Champions and The Investing in Experience Tool Kit.

· Promote specific resources set up to support residents find employment and employers to find employees, such as Benext, an online mature age job and career centre.

The programs directly delivered by Council are all delivered free of charge. The demands for these specific services are hard to measure as the reasons for employment issues for mature workers are so varied and diverse. However, the enthusiastic take-up of Council’s programs is a strong indicator that they are meeting a real community need.

While there are compelling economic and social arguments which are the remit of governments for the need to keep workers in the labour force for longer, the reality is that it is individual organisations and their employees who make the decision whether or not to hire and retain an older worker, and how they will prepare for the impacts of an ageing workforce.

For its part, Council will continue to work with internal and external stakeholders to support skill building and employment pathways for resident baby boomers in Liverpool.

CONSIDERATIONS

Economic and Financial	Further develop a commercial centre that accommodates a variety of employment opportunities.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership and Governance	Encourage the community to engage in Council initiatives and actions.

ATTACHMENTS

Nil

139

Ordinary Meeting 24 February 2016

Community and Culture Report

DCC 04

Homelessness and Employment

Strategic Direction	Healthy Inclusive City Plan, support and deliver high quality and accessible services, program and facilities
Key Policy	Homelessness Policy
File Ref	031327.2016
Report By	Paola Jamett-Caru - Community Development Worker (Community Safety)
Approved By	Kiersten Fishburn – Director Culture & Community

eXECUTIVE SUMMARY

At its meeting on 25 November 2015, Council resolved to:

1. Receive a staff report at the second February meeting in 2016 including recommendations and strategies with regards to lobbying and advocacy by Council regarding homelessness and those who are chronically unemployed due to lack of accommodation.

This report presents what Council has committed to do to assist and complement the work of other tiers of government as facilitators of solutions to homelessness.

RECOMMENDATION

That Council receives and notes this report.

REPORT

While it is acknowledged that Federal and State governments hold the statutory authority and funding allocation to provide housing and employment services to people who are at risk of, or experiencing homelessness, Liverpool City Council recognises that it has an important role in local leadership and can assist and complement the work of other tiers of government as facilitators of solutions to homelessness.

Council has written to both the Federal and State governments requesting further support and resourcing to address the issue of homelessness in Liverpool. The Department of Social Services acknowledges homelessness is a complex issue and one which requires a systematic approach. They support frontline services through the National Partnership Agreement on Homelessness, which commits $230 million over a two year period towards addressing homelessness. This is on top of the $1.3 billion per annum provided to states and territories through the National Affordable Housing Agreement. Similarly, the NSW Department of Family and Community Services outlined their current and ongoing commitments to working in partnership with Council and local services to address the issue of Homelessness in Liverpool. The responses are attached to this report for the information of Councillors.

The Homelessness Strategy and Action Plan 2015-2017 outlines Council’s ongoing commitment to addressing homelessness in Liverpool. The Strategy seeks to address the impact of homelessness in the Liverpool Local Government Area (LGA) through partnering with Commonwealth and State governments, community organisations, and people at risk of, or experiencing homelessness. As homelessness and the housing crisis continue to grow across Australia, Council has committed to contributing to developing pathways out of homelessness through six key priority areas, including:

· Necessity of accommodation

· Community Partnerships

· Public Space Management

· Supporting City Prosperity

· Community Perceptions of Homelessness

· Evidence Based Advocacy

Research indicates that homeless people in supported or transitional housing programs have a higher success rate in attracting and retaining employment than people with lack of, or in uncertain housing arrangements. Stable and appropriate housing coupled with supported intervention pathways is crucial to improving employment prospects for people experiencing, or at risk of homelessness. Key actions Council will continue to implement include:

· Development of an Affordable Housing Strategy.

· Support to specialist homelessness services, and coordination of local homelessness initiatives for people experiencing, or at risk of homelessness including the Liverpool Community Kitchen and Hub, the Liverpool/Fairfield Homelessness Steering Committee and Free Food Services Roundtable.

· Support local homelessness services and local initiatives in seeking funding for projects that support identified gaps in the Liverpool homelessness sector.

· Frequently update and distribute the Liverpool Assistance Card and Emergency Relief Directory.

· Convene the Homelessness and Housing Crisis Taskforce.

· Advocate to the State and Federal governments and the private sector on key structural issues affecting homelessness in Liverpool including the supply of affordable housing, early intervention measures to prevent homelessness and other identified service gaps.

· Continue conversations with local jobactive providers to explore pathways into employment for people who have experienced or are experiencing homelessness.

Council, therefore, should continue to assist and complement the work of other tiers of government as facilitators of solutions to homelessness in the local area.

The Homelessness Strategy and Action Plan 2015-2017 has been attached to this document for Councillors’ further reference.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership and Governance	Provide information about Council’s services, roles and decision making processes. Actively advocate for federal and state government support, funding and services.

ATTACHMENTS

1. Thank you for your letter to the Minister for Social Services regarding homelessness in the Liverpool Local Government area View

2. Thank you letter for your feedback on the recent Department of Family and Community Services View

3. Homelessness Strategy and Action Plan 2015-2017 View (Under separate cover)

147

Ordinary Meeting 24 February 2016

Economic development Report

DEE 01

Outgoing Corporate Sponsorship Policy

Strategic Direction	Vibrant Prosperous City Activate the city centre and develop vibrant places that attract people to Liverpool
Key Policy	City Centre Strategy
File Ref	039023.2016
Report By	Michael Cullen - Director Economic Development
Approved By	Michael Cullen - Director Economic Development

Executive Summary

On 28 October 2015, Council adopted the attached Outgoing Corporate Sponsorship policy in principle, subject to public exhibition, as required under section 253(1) of the Act.

The main changes to the policy were:

1. Separate arrangements for supporting small scale community events and festivals through the Community Grants Program rather than the Corporate Sponsorship Program.

2. Administrative changes to streamline arrangements (use of the SmartyGrants portal and quarterly rounds)

3. Capping of amounts available to events in line with the scale of attendance

The public exhibition period ran from Wednesday 18 November 2015 until Wednesday 16 December 2015 with a final date for submissions being Friday 18 December 2015.

No comments were received.

The policy is proposed to be implemented from 1 July 2016 in line with Council’s budget cycle.

RECOMMENDATION

That Council:

1. Note this report;

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

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

REPORT

In accordance with section 253(1) of the Act, the attached policy was publicly exhibited from Wednesday 18 November 2015 until Wednesday 18 December 2015. No public submissions were received.

Once Council adopts the policy, administrative arrangements will be finalised including advice to the Office of Local Government.

CONSIDERATIONS

Economic and Financial	Corporate sponsorship plays an important role in attracting economic and community development opportunities to Liverpool. A budget of $125,000 was allocated in 2015/16 for corporate sponsorship. This budget has now been fully committed.
Environmental and Sustainability	Council’s Events Policy encourages events to be conducted in a sustainable fashion.
Social and Cultural	Corporate sponsorship has been important in supporting events that celebrate cultural diversity in Liverpool.
Civic Leadership and Governance	The corporate sponsorship program objectives provide policy leadership to promote Liverpool and events and programs that demonstrate Liverpool’s status as a regional city.

ATTACHMENTS

1. DRAFT Liverpool City Council Corporate Sponsorship (Outgoing) View

2. DRAFT GUIDELINES Corporate Sponsorship Outgoing 2015 View

3. DRAFT FORM Corporate Sponsorship Outgoing Application View

169

Ordinary Meeting 24 February 2016

ECONOMIC DEVELOPMENT REPORT

DEE 02

Youth Unemployment in Liverpool

Strategic Direction	Vibrant Prosperous City Improve the availability of a diverse range of jobs and increase workforce participation rates
Key Policy	Economic Development Strategy
File Ref	011737.2016
Report By	Michael Cullen - Director Economic Development
Approved By	Michael Cullen - Director Economic Development

Executive Summary

At its meeting on 29 July 2015 Council sought a report to Council in early 2016 on the issues confronting unemployed youth in Liverpool and recommendations as to what Council can do to assist youth find employment.

Through the Economic Development and Events Committee, representatives of the Commonwealth Department of Employment (October 2015 Committee meeting) and the Western Sydney Institute of TAFE (September 2015 Committee meeting) were invited to present in relation to their programs relevant to Liverpool’s circumstances.

Ongoing dialogue has also been undertaken with both organisations to progress initiatives that can address youth unemployment.

It should be noted that overall unemployment rates in Liverpool have fallen significantly, with a rate of 4.9% as at the September 2015 quarter, below the Australian and NSW average. Nonetheless, pockets of high unemployment and youth unemployment in Liverpool continue to be a challenge for the area.

RECOMMENDATION

That Council note this report.

REPORT

Context

Historically, Liverpool’s overall unemployment rate has been above the Australian and NSW averages for a protracted period of time. However, since early 2014 a falling unemployment trend is in evidence, as illustrated below:

While this is good news, there continues to be pockets of high unemployment in the Liverpool local government area, as well as high youth unemployment.

The national unemployment rate for youth (15-24) was 12.1% in December 2015. There is also a high rate of youth underutilisation at 30.6% nationally (compared to 14.4% for all employed people) meaning many youth are in part-time employment only. Youth are also disproportionately represented in long-term unemployment with 20-24 year old males being the group which has increased in this category. This same 20-24 year old group is also most likely to be disengaged from work or studying full time.

The significance of these national trends locally is most evident in locations such as Warwick Farm and the 2168 areas, where rates well over the Liverpool average for youth employment for Liverpool as a whole exist. The December 2015 youth unemployment rate for Sydney South West was 9.7%.

Commonwealth government surveys show that employers expect young people to:

· Have a positive attitude and be motivated

· Be willing to learn, take direction and stay the course

· Be punctual and dependable

· Have realistic expectations about the demands of the job they are applying for, the level of pay they will receive and be willing to start from the bottom

· Demonstrate flexibility, enthusiasm, interpersonal skills, teamwork, reliability, communication skills (i.e. “soft” skills are essential)

Commonwealth government figures also show that 77.6% of VET graduates were employed, while 85.5% of apprentices and trainees were employed. Skills shortages were also more prevalent for technicians and trade workers than professionals.

Commonwealth Programs

The Commonwealth has revised its program mix and delivery mechanisms. Current programs include:

· Job Active – the Commonwealth’s employment service system is delivered by a network of providers across Australia. The program focusses on meeting the needs of employers and providers with tailored job services to job seekers. There are multiple Job Active providers who provide services to Liverpool

· National Work Experience Program – places job seekers in work experience for up to 4 weeks and up to 25 hours per week

· Wage Subsidies – employers can receive $6,500 over 12 months if they employ an eligible job seeker in a full time position (youth are an eligible job seeker category)

· Transition to Work – providers are currently being sought to deliver a transition to work program for youth, with the successful tenders to be announced shortly. The program will focus on assisting the transition from school to work and has a national budget of $212m over four years

Barangaroo Skills Exchange and North West Rail Link Models

The Western Sydney Institute of TAFE has successfully implemented a model of on-the-job training for major Lendlease construction work at Barangaroo and a pre-employment program for the North West Rail Link project. Some of the outcomes to date have included training of 7,000 workers at Barangaroo. Many of those trained have been long-term unemployed from Western Sydney.

Liverpool Opportunities

Council has been in a dialogue with both the Department of Employment and TAFE (both the Western Sydney and South West Sydney Institutes) to look at opportunities to address youth unemployment in Liverpool. Council already promotes a “local jobs for local people” service through engaging with new businesses setting up in Liverpool (Council’s Economic Development Unit links new employers with Job Active providers to assist this process).

Initiatives being pursued for 2016 to continue to address unemployment/youth unemployment in Liverpool include:

1. Advocacy to the Commonwealth and NSW Government that the major infrastructure expenditure in Liverpool including the Badgerys Creek Airport and related infrastructure require the successful tenderer to put in place a skills exchange model similar to that used in Barangaroo and the North West Rail projects. Preliminary discussions have been promising

2. A forum of Job Active providers with Liverpool Council to strengthen youth engagement and placement outcomes

3. Discussions with providers from the “Transition to Work” program for Liverpool once selected by the Commonwealth

4. Scholarship opportunities via private sector operators linked to local schools

5. Improved links to local School Career Advisors to provide data and information on local business needs

CONSIDERATIONS

Economic and Financial	Measures to link Commonwealth and NSW Government programs with local infrastructure projects and employers will bring economic benefits to the Liverpool area. Youth unemployment is a structural problem nationally.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Employment opportunities for youth are an important ingredient in maintaining social cohesion in Liverpool.
Civic Leadership and Governance	Implementation of youth employment programs in the Liverpool area will be an important leadership initiative for Council.

ATTACHMENTS

Nil

171

Ordinary Meeting 24 February 2016

ECONOMIC DEVELOPMENT REPORT

DEE 03

Visiting International Delegations Policy

Strategic Direction	Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney
Key Policy	Marketing and Promotion Strategy
File Ref	027455.2016
Report By	Michael Cullen - Director Economic Development
Approved By	Michael Cullen - Director Economic Development

Executive Summary

Over recent times there has been an increase in requests for visits to Liverpool by international delegations, often at very short notice.

To ensure that Council can properly assess and consider such requests a visiting international delegations policy is proposed. The proposed policy sets out requirements around a demonstration of mutual benefits, adequate notice and protocol checks with the Commonwealth and NSW governments.

The proposed policy is attached for Council’s consideration and approval.

RECOMMENDATION

That Council adopts the attached proposed visiting delegations policy.

REPORT

Council has no existing framework in place to consider the benefits to the Liverpool area and to Council from a visit by an international delegation.

The number of requests has increased over recent times. For example, Council hosted delegations from China (health and medical), Uganda (planning systems) and Fiji (Prime Ministerial visit) in the last quarter of 2015.

The key principles for the policy relate to sufficient notice being provided to maximise opportunities from the visits, sufficient information to allow a proper assessment of benefits, protocol checks and advice being provided to all Councillors to ensure an opportunity is available for participation in confirmed visits.

The draft policy has been circulated on the Councillor intranet and inputs received have been taken into account in drafting the policy. The draft policy was also presented at a Councillor briefing.

CONSIDERATIONS

Economic and Financial	Opportunities exist to develop economic development opportunities arising from visiting international delegations. Costs in hosting delegations primarily involve expenditure on hospitality and use of staff resources.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Opportunities exist to further develop social and cultural links between visiting delegations and the Liverpool community.
Civic Leadership and Governance	The visiting international delegation policy will provide guidance to Council in determining whether to accept or decline a request for a visit from an international interest.

ATTACHMENTS

1. POLICY Visiting International Delegations Policy DRAFT November 2015 View

179

Ordinary Meeting 24 February 2016

ECONOMIC DEVELOPMENT REPORT

DEE 04

Outdoor Dining Policy

Strategic Direction	Vibrant Prosperous City Activate the city centre and develop vibrant places that attract people to Liverpool
Key Policy	Economic Development Strategy
File Ref	028815.2016
Report By	Julie Scott - Manager Economic Development
Approved By	Michael Cullen - Director Economic Development

Executive Summary

On 26 May 2015, Council adopted the attached policy in principle, subject to public exhibition as required under section 253(1) of the Act.

Previously Council has not had a formal outdoor dining policy. The intent of the Outdoor Dining Policy is to provide clear guidelines to businesses for use of Council’s footpaths as outdoor dining areas and to ensure consistency in management of requirements such as safety, pedestrian movement and waste management by business proprietors. The policy also confirms that Council is the final decision maker with respect to activities on footpaths taking into account adjoining property owners input.

The public exhibition period ran from Wednesday 16 December 2015 until Wednesday 27 January 2016 with a final date for submissions being Friday 29 January 2016. No comments were received.

RECOMMENDATION

That Council:

1. Note this report

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

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

REPORT

In accordance with section 253(1) of the Act, the attached policy was publicly exhibited from Wednesday 16 December 2015 until Wednesday 27 January 2016. No public submissions were received.

Once Council adopts the policy, administrative arrangements will be finalised including advice to the Office of Local Government.

CONSIDERATIONS

Economic and Financial	The new Outdoor Dining Policy will formalise requirements for outdoor dining areas, providing consistent standards that will help lift the perception of Liverpool as a food destination. The relevant fees and charges for outdoor dining areas will be assessed on an ongoing basis taking into account physical and other improvements to the city centre.
Environmental and Sustainability	Management of waste is a component of the Outdoor Dining Policy framework.
Social and Cultural	The broad range of cuisines available across Liverpool area is important in promoting the advantages of Liverpool’s multi-culturalism.
Civic Leadership and Governance	The Outdoor Dining Policy will provide transparency and consistency in the way that Council deals with applications for outdoor dining licences.

ATTACHMENTS

1. Draft Outdoor Dining Policy View (Under separate cover)

181

Ordinary Meeting 24 February 2016

Planning and Growth Report

DPG 01

Request to reconsider Draft Amendment 31 to Liverpool Local Environmental Plan 2008 - Proposal to rezone 1975-1985 Camden Valley Way, Prestons from B6 - Enterprise Corridor to B2 - Local Centre

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development
Key Policy	Urban Development Plans
File Ref	001723.2016
Report By	Graham Matthews - Strategic Planner
Approved By	Toni Averay - Director Planning & Growth

Property	1975-1985 Camden Valley Way, Prestons
Owner	Fabcot Pty Ltd
Applicant	Empirica Developments Pty Ltd

Executive Summary

At its ordinary meeting of 17 June 2015 Council resolved to request that the Minister of Planning determine that the proposed rezoning of 1975-1985 Camden Valley way, Prestons from B6 Enterprise Corridor to B2 Local Centre not proceed. The Department of planning and Environment (DP&E) conducted a limited review and decided that the proposal has merit. DP&E have written to Council requesting that they reconsider their opposition to the proposal.

On the basis that none of the facts has changed since Council made its original decision in June 2015, this report recommends that Council reiterate its opposition to the proposal, and writes to the Minister restating its request that the matter not proceed. It is further recommended that DP&E be sent a copy of the final planning proposal for its review as requested.

Should DP&E decide to proceed with the rezoning, it is recommended that Council suggest that the amendment be revised to consist of a Schedule 1 amendment permitting the additional use of shops on the site not to exceed 4300sqm in any single tenancy. This will permit the development of a full-line supermarket on the site without altering the underlying zoning of the site as B6 – Enterprise Corridor.

RECOMMENDATION

That Council:

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

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

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

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

Report

Background

At its ordinary Meeting of 17 June 2015, Council considered a report which proposed that it support the rezoning of 1975-1985 Camden Valley way, Prestons from B6 – Enterprise Corridor to B2 – Local Centre, to enable the development of a 4300sqm supermarket at the site. The report recommended the following:

That Council:

1. Supports the Planning Proposal and writes to the Minister of Planning pursuant to clause 59(1) of the Environmental Planning and Assessment Act 1979 to request that the Minister determine that Draft Liverpool Local Environmental Plan 2008 Amendment No. 31 be made.

2. Writes to the proponents informing them of Council’s decision.

3. Writes to the parties that made a submission informing them of Council’s decision.

4. Provides in principle support for and delegates to the CEO the authority to enter into a Voluntary Planning Agreement to facilitate additional community benefits for the Prestons local area prior to lodgement of a Development Application for the proposal.

Council decided not to support the proposal, and resolved the following:

That Council:

1. Writes to the Minister of Planning pursuant to clause 58(4) of the Environmental Planning and Assessment Act 1979 and request that the Minister determine that the matter not proceed.

2. Writes to the proponents informing them of Council’s decision.

3. Writes to the parties that made a submission informing them of Council’s decision.

4. Includes the following reasons for this decision in the above correspondence:

4.1 The adverse impact of the proposal on the existing local centre at Prestons Shopping Village may threaten the viability of the centre;

4.2 The adverse economic impact of the proposal on the future Edmondson Park Town Centre may delay the development of the site and impact the overall development of Edmondson Park;

4.3 There is appropriately zoned land available at both Carnes Hill and Edmondson Park where a supermarket would be better situated;

4.4 It is considered the local community has adequate access to existing and future full line supermarkets, including Carnes Hill, Edmondson Park and Casula;

4.5 The proposal is for an out-of-centre development which, if approved, would have the potential to undermine achievement of the Council’s and State’s planning strategies;

4.6 Approval of this centre in such close proximity to an established centre is contrary to good planning principles;

4.7 The proponent’s Economic Impact Assessment understates the Primary Trade Area, the level of trading and the impacts of the proposed centre; and

4.8 The proposal contradicts the Liverpool Retail Centres Hierarchy.

On 22 June 2015 Council wrote to the Department of Planning and Environment (DP&E) requesting that the matter not proceed further, pursuant to Section 58(4) of the Environmental Planning and Assessment (EP&A) Act 1979. On 30 September 2015 Council provided additional information on request to DP&E, including copies of the proponent’s Economic Impact Assessment (EIA), in addition to a peer review of the EIA commissioned by Council. On 19 October 2015 Council provided further information to DP&E, demonstrating that Council had complied with the requirements of the Gateway Determination issued for the proposal.

On 22 December 2015, Council received a letter from DP&E Deputy Secretary Marcus Ray (see attached), which advised Council that DP&E had reviewed material relating to the proposal, including the EIA and the recommendations of Council Officers, and stated that, “Evidence suggests that the proposal will not impact unacceptably on nearby centres, particularly the existing Prestons Village Centre or the proposed Edmondson Park Town Centre.”

While going on to note Council’s concern about potential impact on existing centres, the letter states that, “However on balance, it is considered that given the expected level of population growth in the Liverpool Local Government Area, associated growth in demand for convenient retail offerings by existing and new residents to this locality and the additional jobs that would be brought to this area, the proposal demonstrates merit.”

The letter requests that “Council reconsider its position on the proposal to rezone the site to B2 Local Centre and advise the Department whether it could now be supported.” Should Council decide not to support the proposal, it was requested to forward the final planning proposal for consideration “as soon as practicable”.

The letter concludes with the statement that, “I will consult with Council in relation to the drafting of the plan under the provisions of Section 59(1) of the Environmental Planning and Assessment Act 1979.” This would give Council the option of seeking to modify any final amendment to mitigate the impacts of the proposed rezoning, should DP&E ultimately decide to proceed.

Council Officers have contacted the nominated officer at the DP&E requesting further information regarding DP&E’s determination that the proposal has merit. No further information has so far been forthcoming.

Officer assessment

Section 59(2) of the EP&A Act permits the Minister of Planning to make or to discontinue a proposed LEP amendment following the completion of public exhibition. It states:

The Minister may, following completion of community consultation:

(a) make a local environmental plan (with or without variation of the proposals submitted by the relevant planning authority) in the terms the Minister considers appropriate, or

(b) decide not to make the proposed local environmental plan.

In response to Council’s request that the amendment not proceed, DP&E has conducted its own limited merit assessment of the proposal, based on the information provided by Council (the Council report and resolution and the EIA and associated correspondence), and has decided that the proposal has merit. However, rather than proceeding to recommending that the amendment be made by the Minister without Council’s support, DP&E has requested that Council reconsider its position.

The Department of Planning & Environment has requested that Council reconsider its opposition to the proposal. Council has the choice to revisit the matter or to reaffirm its previous decision.

DP&E does not require Council’s consent to advise the Minister to make the LEP amendment. The Minister has the authority under Section 59(2) of the EP&A Act (as described above) to make the LEP amendment with or without Council’s support.

Nevertheless, the letter received from DP&E does not indicate that the amendment will necessarily be made should Council continue to oppose the proposal. Rather, should Council continue to oppose the proposal, it requests that Council forwards a copy of the finalised planning proposal, which it would then consider further, before making a final decision on the matter.

The letter also offers Council a further opportunity to negotiate the final form of the amendment, should the Minister decide to proceed pursuant to Section 59(2)(a) of the EP&A Act despite Council’s opposition. Should Council decide to confirm its opposition to the proposal, this would provide a further avenue for Council to negotiate the final form of the amendment to mitigate its impacts.

Amending the proposal to replace the proposed rezoning of the site from B6 – Enterprise Corridor to B2 – Local Centre with a Schedule 1 amendment to LLEP 2008 to permit the additional use of the site for retail premises up to a maximum floor area of 4300sqm, would make the proposed development of a supermarket on the site permissible. However, retaining the B6 zoning of the site would mean that other undesirable uses (such as Residential Flat Buildings) would not be made permissible on the site.

Conclusion and recommendation

The facts that led Council to oppose the proposal and to request that the Minister of Planning determine that the matter not proceed, are unaltered since Council last considered this matter in June 2015.

Should Council decide to uphold its opposition to the proposal, DP&E has requested that it be sent a copy of the planning proposal for consideration prior to making a final decision. The planning proposal makes a thorough assessment of all planning matters raised by the proposal and the extensive range of submissions received during public authority and community consultation. It is considered that DP&E’s assessment of the merits of the proposal could only be enriched by a review of the planning proposal.

It is therefore recommended that Council reaffirms its opposition to the proposal and writes to DP&E reiterating its request that the matter not proceed. It is further recommended that a copy of the final planning proposal be provided to DP&E as requested.

Should the Minister decide to proceed with the amendment it is recommended that Council delegates to the CEO the authority to negotiate with DP&E the final form of the amendment pursuant to Section 59(1) of the EP&A Act. Such a negotiation should seek to vary the proposal, to replace the rezoning of the site from B6 – Enterprise Corridor to B2 – Local Centre, with a proposal to add an additional use via a Schedule 1 amendment to LLEP 2008 which would permit retail premises of up to 4300sqm on the site as discussed above.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

1. Letter from Marcus Ray requesting Council reconsider Amendment 31 View (Under separate cover)

2. Council report and resolution for Amendment 31 to 17 June 2015 meeting View (Under separate cover)

3. Final planning proposal View (Under separate cover)

187

Ordinary Meeting 24 February 2016

Planning and Growth Report

DPG 02

Enforcement Policy Report

Strategic Direction	Liveable Safe City Improve the community’s sense of safety in Liverpool
Key Policy	Community Safety and Crime Prevention Strategy
File Ref	003187.2016
Report By	Ben Krkach - Team Leader Regulatory Services
Approved By	Toni Averay - Director Planning & Growth

Executive Summary

In line with Council’s policy review timetable the Enforcement Policy and the Infringement Notice Policy have been reviewed. The two policies were last reviewed in 2011 and 2012 respectively. The policies have been consolidated into the one policy known as the Enforcement Policy.

The consolidated Policy establishes standards for authorised officers to act promptly, consistently and effectively when investigating breaches of legislation.

RECOMMENDATION

That Council:

1. Approves the attached reviewed Enforcement Policy.

2. Revokes the Penalty Infringement Notice Policy.

REPORT

The Enforcement Policy was originally adopted by Council in February 2011. The policy dealt with matters relating to building compliance activities such as, unauthorised use or works and non-compliance with development consents. However, the policy did not deal with enforcement action in relation to parking and other regulatory matters. These matters were covered under another policy known as ‘Penalty Infringement Notice Policy’ adopted by Council in November 2012.

The two policies deal with similar matters and as such the Penalty Infringement Notice Policy has been consolidated into the Enforcement Policy.

The amended Enforcement Policy provides guidelines for the management of Council’s action in response to unlawful activities:

· Unauthorised building works

· Unauthorised use

· Parking matters

· Animal matters

· Health matters

The Policy outlines the enforcement process and Council’s operating procedures. It also provides for clear guidelines and consistency in the management of Council’s enforcement action.

CONSIDERATIONS

Economic and Financial	Provide efficient parking for the City Centre. Enhance the environmental performance of buildings and homes.
Environmental and Sustainability	Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes. Raise community awareness and support action in relation to environmental issues.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support policies and plans that prevent crime. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Support access and services for people with a disability.
Civic Leadership and Governance	Act as an environmental leader in the community. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

1. Draft Enforcement Policy

207

Ordinary Meeting 24 February 2016

Planning and Growth Report

DPG 03

Development Engineering Bonds Policy

Strategic Direction	Liveable Safe City Deliver an efficient planning system which embraces sustainable urban renewal and development
Key Policy	Urban Development Plans
File Ref	031645.2016
Report By	Charlie Caraballo - Coordinator Land Development
Approved By	Toni Averay - Director Planning & Growth

Executive Summary

Council resolved at its meeting on the 16 December 2015 to have this matter deferred.

The resolution was as follows:

“That this item be deferred to the next Council meeting, after discussion at a Councillor

Briefing session.

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

At the Councillor Briefing session on 28 January 2016, the Development Engineering Bonds Policy was discussed with a Power Point presentation. Questions and answers were given and it was agreed that the matter be put to the Council Meeting on 24 February 2016.

The objective of this report is to present the revised Development Engineering Bonds Policy. The policy identifies development related issues that may arise during development and defines what development bonds are applicable.

The Development Engineering Bonds Policy document details processes and procedures for the following:

• The reason and circumstances in which a bond may be taken

• Method for determining the amount of the bond

• How the bond may be paid

• How and when a bond may be returned

• The process for handling a bond when received

• The process for returning a bond

• The process for calling up a bond

RECOMMENDATION

That Council:

1. Notes this report.

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

REPORT

Council requires bonds and/or guarantees to ensure work undertaken by the developer is compliant and to Council’s satisfaction. The Development Engineering Bonds Policy (attachment 1) sets out the policy purpose and objectives.

The principal reason for formalising the management of Development Engineering Bonds is to:

· Provide clarity on the types of bonds, their intent and purpose.

· Provide consistency in the application of bonds to ensure certainty and transparency to the development industry.

· Provide clarity on when a bond is required to be paid and the bonds release processes.

· Ensuring the streamlining of Council’s systems and processes to assist in reducing red tape.

· Assist in simplifying conditions of consent through having a common approach to the application of Engineering Bonds.

CONSIDERATIONS

Economic and Financial	Deliver a high quality standard of processes for the administration of Engineering Bonds and to ensure Council has no financial obligations as result of substandard development and prolonged works in the Liverpool LGA.
Environmental and Sustainability	Support the delivery of a high quality of standard of Council assets and infrastructure.
Social and Cultural	Improved amenities in the public domain areas within existing and new residential areas in the Liverpool LGA.
Civic Leadership and Governance	Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

1. Development Engineering Bonds Policy View

2. Liverpool City Council Development Engineering Bonds Policy Procedures

221

Ordinary Meeting 24 February 2016

Committee Reports

CTTE 01

Minutes of the Local Traffic Committee Meeting held on 20 January 2016

Strategic Direction	Accessible Connected City Provide safe and easy travel with a high quality road and traffic management network
Key Policy	Traffic and Transport Plan
File Ref	024235.2016
Report By	Charles Wiafe - Service Manager Traffic and Transport
Approved By	Toni Averay - Director Planning & Growth

Executive Summary

This report is tabled in order to present the Minutes of the Local Traffic Committee Meeting held on 20 January 2016.

RECOMMENDATION

That Council:

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

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

REPORT

At its meeting held on 20 January 2016, the Local Traffic Committee considered seven agenda items and two technical discussion items. Minutes of the meeting are attached for Council to adopt the recommendations made.

The Minutes identify a number of actions that require Council staff to undertake. The financial implication of each of the recommendations is noted at the end of this report on Council.

Summary of the Local Traffic Committee recommendations:

Item 1 Hill Road, Brain Avenue and West Street, Lurnea and Minnamurra Circuit, Prestons – Request for Traffic Calming Devices

1. Supports the NSW Police Force continued periodic speed enforcements along Hill Road, Brain Avenue, West Street Lurnea and Minnamurra Circuit, Prestons.

2. Investigates installation of a raised threshold at the existing pedestrian crossing in front of the Lurnea shops (south of Wych Avenue) and reports back to the Local Traffic Committee at its next meeting.

3. Advises all stakeholders of its resolution.

Item 2 Wonga Road and Supply Avenue, Lurnea – Request for Installation of a Pedestrian Crossing Facility

1. Approves installation of a pedestrian refuge in Wonga Road south of Supply Street, Lurnea.

2. Finalises and submits a copy of the detailed design to the RMS and NSW Police Force for comments prior to installation.

3. Advises all stakeholders including the Local Member for Holsworthy of its resolution.

Item 3 Corner of Lachlan and Macquarie Streets, Liverpool – Request for a Pedestrian Crossing Facility

1. Finalises a detailed design of the proposed pedestrian refuge and submits to the next Local Traffic Committee meeting.

2. Advises all stakeholders of its resolution.

Item 4 Speed, Scott and Bigge Streets, Liverpool – Request for Approval of Regulatory Signs and Line Marking for a Proposed Shared User Path

1. Approves the regulatory signs and line markings for the Speed Street Shared User Path project (along the western side of the street between Bigge Street across Terminus Street to Bigge Street).

2. Advises all stakeholders of its resolution.

Item 5 Bird Walton Avenue and Middleton Drive, Middleton Grange – Request for Traffic Calming Devices

1. Approves installation of interim rubber cushions along the existing east-west section of Bird Walton Avenue.

2. Reviews the need for traffic calming devices as part of development of the vacant land, south of Bird Walton Avenue.

3. Investigates installation of additional street lighting along the existing road sections in the local area.

4. Investigates installation of parking restriction signs along the Middleton Drive Bridge.

5. Advises all stakeholders of its resolution.

Item 6 George and Northumberland Streets, Liverpool – Request for Approval of Regulatory Signs and Line marking for Proposed Entry and Exit Treatments

1. Approves the entry and exit regulatory signs and line marking scheme along Northumberland and George Streets as part of the two-way traffic flow project.

2. Advises all stakeholders of its resolution.

Item 7 Miller Central Shopping Centre – Changes to On-Street Parking Restrictions

1. Approves modification and existing line marking and the installation of 3P parking restriction between 9am-6pm along sections of Woodward Crescent close to its intersection with Cartwright Avenue and in the vicinity of Lady Woodward Place.

2. Consults adjoining residents prior to undertaking changes to existing signposting.

In addition, to the above agenda items, the Committee considered the following two technical discussion items and the outcome of the discussion is summarised below:

Item TD1 Moore Street, Liverpool – Traffic Congestion at Liverpool Interchange Driveway

The Committee discussed and noted that:

· Increased westbound traffic movements along College Street/Moore Street to Bigge Street are affecting bus exit movements from the Liverpool Bus Interchange, with some experiencing delays of up to 15 minutes.

· NSW Transport penalises the bus company for late running.

Options to improve on time running include:

· Line marking of “Keep Clear” across the driveway to the interchange.

· Modification of the existing traffic signals at the Bigge Street/Moore Street intersection to restrict northbound right turn movements.

Item TD2 South Liverpool Road, Heckenberg – Relocation of Bus Stop

The bus stop could be relocated, subject to the outcome of consultation with the resident of 1 South Liverpool Road, taking into consideration that bus stops are to be 350-450m apart.

Budget Impact of Matters Arising from Minutes

Item	Description	Funding Arrangements
1	Hill Road, Brain Avenue and West Street, Lurnea and Minnamurra Circuit, Prestons – Request for Traffic Calming Devices	Council’s Minor Works Program.
2	Wonga Road and Supply Avenue, Lurnea –Request for Installation of a Pedestrian Crossing Facility	Council’s Minor Works Program.
3	Corner of Lachlan and Macquarie Streets, Liverpool – Request for a Pedestrian Crossing Facility	Council’s Minor Works Program.
4	Speed, Scott and Bigge Streets, Liverpool – Request for Approval of Regulatory Signs and Line Marking for a Proposed Shared User Path	RMS Grant Funding.
5	Bird Walton Avenue and Middleton Drive, Middleton Grange – Request for Traffic Calming Devices	Council’s Minor Works Program.
6	George and Northumberland Streets, Liverpool – Request for Approval of Regulatory Signs and Line marking for Proposed Entry and Exit Treatments	Liverpool City Centre Traffic Management Changes. Funded under the 2015/16 Financial Year’s Budget.
7	Miller Central Shopping Centre – Changes to On-Street Parking Restrictions	Council’s Minor Works Program.

CONSIDERATIONS

Economic and Financial	Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues.
Environmental and Sustainability	Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social and Cultural	Improved traffic and pedestrian safety
Civic Leadership and Governance	The recommendation provides opportunity to advocate for the local community. The recommendations are required in accordance with the Local Government Act 1993.

ATTACHMENTS

1. Minutes Liverpool Local Traffic Committee (LTC) of meeting held on 20 January 2016 View (Under separate cover)

233

Ordinary Meeting 24 February 2016

Committee Reports

CTTE 03

Minutes of Building Our New City Committee meeting held 4 February 2016

Strategic Direction	Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney
Key Policy	Economic Development Strategy
File Ref	035373.2016
Report By	Nicole Voorhout - Personal Assistant to the Director Economic Development
Approved By	Michael Cullen - Director Economic Development

Executive Summary

This report is tabled in order to present the Minutes of the Building Our New City Committee Meeting held on 4 February 2016.

RECOMMENDATION

That Council:

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

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

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

REPORT

1. The Minutes of the Building Our New City Committee meeting held on 4 February 2016 are attached for the information of Council.

2. The Committee requested a report identifying options for an activation program in Macquarie Mall, similar in nature to the “Live at the Mall” program run in May 2015. The report should include the activities identified as a result of discussions with and input from shopkeepers.

3. Given new development such as the outlet centre on Orange Grove Drive (scheduled to be opened in March 2016) on one of the major gateways in to the city centre, the Committee discussed the possibility of reviewing the City Development Fund boundaries to take into account new economic activity and requested that a short paper be brought to a future meeting for consideration.

CONSIDERATIONS

Economic and Financial	The activities of the Committee support Council’s efforts to further develop a commercial centre that accommodates a variety of employment opportunities.
Environmental and Sustainability	Environmental and sustainability considerations will be factored into urban design for key City Centre precincts.
Social and Cultural	Revitalisation of the City Centre will embrace a range of arts and space activation opportunities, with the “Sari Street” activation projects an example of such activity.
Civic Leadership and Governance	The Committee provides guidance for Council’s Building Our New City Projects.

ATTACHMENTS

1. MINUTES Building Our New City Committee 4 February 2016 FINAL

245

Ordinary Meeting 24 February 2016

Committee Reports

CTTE 05

Minutes of the Economic Development and Events Committee meeting held 4 February 2016

Strategic Direction	Vibrant Prosperous City Position Liverpool as the destination of choice to attract business and investment in South Western Sydney
Key Policy	Economic Development Strategy
File Ref	039153.2016
Report By	Tracey Lee - Economic Development Assistant
Approved By	Michael Cullen - Director Economic Development

Executive Summary

This report is tabled in order to present the Minutes of the Economic Development and Events Committee meeting held on 4 February 2016.

RECOMMENDATION

That Council:

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

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

REPORT

1. The Minutes of the Economic Development and Events Committee meeting held on 4 February 2016 are attached for the information of Council.

2. The Committee discussed options to implement the Destination Management Plan and recommended that Council considers funding implementation of the Liverpool Destination Management Plan in its forward budget program.

CONSIDERATIONS

Economic and Financial	The activities of the Committee support Council’s efforts to facilitate economic development.
Environmental and Sustainability	Environmental and sustainability considerations will be factored into economic development activities.
Social and Cultural	Economic development will boost demand for cultural and arts activities.
Civic Leadership and Governance	The Committee provides guidance for Council’s economic development projects and initiatives.

ATTACHMENTS

1. MINUTES Economic Development and Events Committee 4 February 2016 FINAL View

2. PRESENTATION - Shaping Future Cities Deloitte View

3. PRESENTATION - Draft Liverpool Destination Management Plan

283

Ordinary Meeting 24 February 2016

Questions with Notice

QWN 01

Question with Notice - Clr Ristevski

Strategic Direction

Healthy Inclusive City

Celebrate and respect Liverpool’s rich cultural and social diversity and embrace the opportunities it provides

Key Policy

Multicultural Action Plan

File Ref

037678.2016

QUESTION WITH NOTICE

Please address the following:

Kurrajong Road Opening Community BBQ

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENTS

Nil

Strategic Direction	Healthy Inclusive City Celebrate and respect Liverpool’s rich cultural and social diversity and embrace the opportunities it provides
Key Policy	Multicultural Action Plan
File Ref	039486.2016
Author	Sabrina Mamone - Councillor

Strategic Direction	Proud Engaged City Deliver a range of stimulating and vibrant cultural events, programs and festivals
Key Policy	Events Strategy
File Ref	039527.2016
Author	Geoff Shelton - Councillor

93
CFO 01	Investment Report January 2016
Attachment 1	Investment Details - January 2016

93
CFO 01	Investment Report January 2016
Attachment 2	Performance graph: Actual to Budget - January 2016

107
CFO 03	Budget Review - December 2015
Attachment 3	Capital Budget Adjustments

111
CFO 03	Budget Review - December 2015
Attachment 4	Grant Status Report - Applications

113
CFO 03	Budget Review - December 2015
Attachment 5	Grant Status Report - Received

117
CFO 03	Budget Review - December 2015
Attachment 6	Cash & Investment Report

119
CFO 03	Budget Review - December 2015
Attachment 7	Key Performance Indicators

121
CFO 03	Budget Review - December 2015
Attachment 8	Consultancy & Legal Expenses Budget Review Statement

123
CFO 03	Budget Review - December 2015
Attachment 9	Contracts Budget Review Statement

Strategic Direction	Proud Engaged City Engage and consult with the community to enhance opportunities for communication and involvement
Key Policy	Community Engagement Policy
File Ref	031695.2016
Report By	Derek Tweed - Community Development Worker (Youth)
Approved By	Kiersten Fishburn - Director Community & Culture

227
CTTE 02	Minutes of the Liverpool Youth Council Meeting held 2 February, 2016
Attachment 1	MINUTES OF LIVERPOOL YOUTH COUNCIL COMMITTEE MEETING 2 February 2016

Strategic Direction	Leading Proactive Council Position Council as an industry leader, delivering best practice and innovation
Key Policy	Communications Plan
File Ref	038575.2016
Report By	Sheela Naidu - Personal Assistant to Director Planning & Growth
Approved By	Toni Averay - Director Planning & Growth

Economic and Financial	There are no significant economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	There are no civic leadership and governance considerations.

245
CTTE 04	Planning and Development Committee Minutes of 4 February 2016
Attachment 1	Planning and Development Committee Minutes of 4 February 2016