MINUTES OF THE Ordinary Meeting

HELD ON 1 February 2017

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Ms Kiersten Fishburn, Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Nada Mardini, Acting Director Planning and Growth

Dr Eddie Jackson, Acting Director Community and Culture

Mr Wayne Carter, Director City Presentation

Ms Julie Scott, Acting Director Economic Development

Mr Raj Autar, Director Infrastructure and Environment

The meeting commenced at 6.03pm

OPENING

6.03pm

ACKNOWLEDGEMENT OF COUNTRY AND PRAYER

The prayer of the Council was read by Reverend David Clarke from Hoxton Park Anglican Church.

APOLOGIES

Nil

CONDOLENCES

Ms Jessica Mudie (read by Mayor Waller)

I wish to convey sympathies and condolences to the victims of the tremendous tragedy that occurred in Melbourne on Friday that has rocked our nation. This event has had a direct impact on our community with the tragic loss of Ms Jessica Mudie. I know that all of Council’s staff and our councillors were deeply distressed at hearing the initial news out of Melbourne, but it has struck close to home when one of our own residents sadly passed as a result.

Liverpool has been deeply affected by the loss Ms Mudie, in this event and many of our residents are feeling the loss of a neighbour, a friend and family member. Our hearts have been truly broken by the deaths and injuries that have occurred. We hope to never see this needless loss of life within our own city.

By all accounts Ms Mudie was someone who truly enjoyed life making her tragic death all the more palpable. The out pouring of love and support from both our local residents and the Melbourne community has been truly heart lifting. These events can bring our cities to a standstill. Yet, through these adversities we build unity and resilience among our people.

Motion: Moved: Mayor Waller Seconded: Clr Hadchiti

That Council hold a one minute silence in memoriam for those that lost their lives in the tragedy that occurred in Melbourne.

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

One minute silence was then observed for the people that lost their lives as a result of the tragedy in Melbourne.

Confirmation of Minutes

Motion: Moved: Clr Hadid Seconded: Clr Shelton

That the minutes of the Ordinary Meeting held on 14 December 2016 be confirmed as a true record of that meeting.

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

Declarations of Interest

Nil

Public Forum

Presentation – Items not on agenda

1. Mr John Anderson addressed Council on the following matter:

Moorebank Intermodal Freight Hub

Motion: Moved: Clr Hadid Seconded: Clr Shelton

That a three minute extension of time be given to Mr Anderson.

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

The Mayor adjourned the meeting for a short recess at 6.16pm so that Council staff could attend to the microphone issues being experienced at the meeting.

The meeting resumed at 6.23pm

2. Mr Raymond Tigani addressed Council on the following matter:

Resident DA Applications.

Motion: Moved: Clr Harle Seconded: Clr Shelton

That a three minute extension of time be given to Mr Tigani.

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

Motion: Moved: Clr Kaliyanda Seconded: Clr Hadchiti

That a further three minute extension of time be given to Mr Tigani.

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

Representation – Items on agenda

Nil

Mayoral Minute

ITEM NO: MAYOR 01

FILE NO: 021714.2017

SUBJECT: 20 Years of IHAP

In 1997 Liverpool City Council made the break-away decision to implement the first Independent Hearing and Assessment Panel in New South Wales to deal with development applications. Prior to this DA’s would be decided in open council with prolonged debate and delay consideration on other important matters. With the delegation of many of these issues to the Panel, Liverpool lead the way in introducing a system that is now being accepted into the state’s main planning laws.

I would like to acknowledge particularly the work of former councillor Alex Sanchez, who, as the then Deputy Mayor, lead the debate on installing an IHAP in Liverpool to give councillors more opportunity to discuss the policies and planning that would have the most positive impacts for the most people.

Over the past 20 years the IHAP has played an invaluable role in providing impartial and independent rulings on contentious development approvals while allowing the community and key stakeholders to have their voice heard.

The success of IHAP has made it a mainstay across a number of councils in NSW and is now becoming a vital part of planning in New South Wales. It is to the credit of Liverpool Council that we took the first steps in making this happen.

RECOMMENDATION:

That Council:

1. Acknowledges the success of the Independent Hearing and Assessment Panel over the past 20 years

2. Write to former councillor Alex Sanchez acknowledging the work he put into starting IHAP in Liverpool and the success it has become.

COUNCIL DECISION

Motion: Moved: Mayor Waller

That the recommendation be adopted.

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

Independent Hearing and Assessment Panel Report

ITEM NO: IHAP 01

FILE NO: 008619.2017

SUBJECT: DA-268/2016 - Subdivision of one lot into two Torrens title lots and the construction of a two storey dwelling on the proposed battle-axe lot at 6 Torrens Court, Wattle Grove

RECOMMENDATION

That Council approves Development Application DA-268/2016 subject to the amended recommended conditions of consent (Attachment 4).

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That Council approves Development Application DA-268/2016 subject to the amended recommended conditions of consent (Attachment 4) however with the deletion of condition 3.2.

Foreshadowed motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

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

Vote for: Clr Ayyad

Clr Balloot

Clr Hadchiti

Clr Hadid

Vote against Mayor Waller

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

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

Vote for Mayor Waller

Clr Hadchiti

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

Vote against: Clr Ayyad

Clr Balloot

Clr Hadid

Community and Culture Report

ITEM NO: DCC 01

FILE NO: 328163.2016

SUBJECT: Liverpool Sporting Donations

RECOMMENDATION

That Council endorse the Liverpool Sports Committee’s recommendations for the provision of $2,600 under the Sporting Donations Program as summarised in the table below:

Applicant Details	Sports Committee Recommendation for funding
Mereana Peyroux	$200
Essence Crothers To’o	$200
Rhiannan Dotti	$500
Breanna Evans	$200
Phillip Millikin	$100
Joshua Felimon Ramos Ward	$100
Djuro Stojanovic	$100
Elijah Alia Mohammed	$100
Terrence Fernandez	$100
Isobel Biondi	$500
Dejahn Karora	$200
Zachary Roberts	$100
Tegan Lamond	$200

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That Council endorse the Liverpool Sports Committee’s recommendations under the Sporting Donations Program as summarised in the table below:

Applicant Details	Sports Committee Recommendation for funding
Mereana Peyroux	$200
Essence Crothers To’o	$200
Rhiannan Dotti	$500
Breanna Evans	$200
Phillip Millikin	$100
Joshua Felimon Ramos Ward	$100
*Djuro Stojanovic	$100
Elijah Alia Mohammed	$100
Terrence Fernandez	$100
Isobel Biondi	$500
Dejahn Karora	$200
Zachary Roberts	$100
Tegan Lamond	$200

*Council staff to check on whether Djuro Stojanovic resides in the Liverpool local government area. If not, then his name to be removed from the list.

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

Chief Financial Officer

ITEM NO: CFO 01

FILE NO: 004741.2017

SUBJECT: Further Review of the Civic Expenses and Facilities Policy

RECOMMENDATION

That Council adopt the Civic Expenses and Facilities Policy, as publicly exhibited and attached to this report.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That Council

1. Adopt the Civic Expenses & Facilities Policy as publicly exhibited and attached to this report subject to the following change to Clause 4.9.2 so that it now reads:

Clause 4.9.2:

Subject to the approvals required for travel as set out in clause 4.10 of this policy, economy class travel should be used for all travel within Australia. However, official travel by the Mayor, their delegate and/or Councillors on official council business to Western Australia, the Northern Territory or overseas is permissible by premium economy or business class air travel.

2. As per clause 4.18 of the Policy, Council officers plan mobile offices on the following tentative dates (budget permitting);

18^th March – 11:00am at Wattle Grove

19^th April – at Green Valley

20^th May

21^st June

15^th July

16^th August

16^th September

18^th October

18^th November

3. Locations for the remaining mobile offices to be determined for the above tentative dates and mobile offices to be spread evenly across the LGA as determined by Council Officers.

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

Clr Balloot left the Chambers at 7.12pm.

ITEM NO: CFO 03

FILE NO: 007096.2017

SUBJECT: Floodplain Management Association Conference

RECOMMENDATION

That Council:

1. Receives and notes the program information of the Floodplain Management Association Conference 16 – 19 May 2017.

2. Nominate its delegates to attend the 2017 Floodplain Management Association Conference in Newcastle from 16 May 2017 to 19 May 2017.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Karnib

1. Receives and notes the program information of the Floodplain Management Association Conference 16 – 19 May 2017.

2. Nominate Councillor Harle and Councillor Rhodes to attend the 2017 Floodplain Management Association Conference in Newcastle from 16 May 2017 to 19 May 2017 as Council’s delegate.

Amendment: Moved: Clr Hadchiti Seconded: Clr Ayyad

1. Receives and notes the program information of the Floodplain Management Association Conference 16 – 19 May 2017.

2. Nominate Councillor Harle to attend the 2017 Floodplain Management Association Conference in Newcastle from 16 May 2017 to 19 May 2017 as Council’s delegate based on his attendance at the Floodplain Management Committee Meetings.

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

Division called:

Vote for: Clr Ayyad

Clr Hadchiti

Vote against: Mayor Waller

Clr Hadid

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

The motion (moved by Clr Hadid) was then put to the meeting and was declared CARRIED.

Clr Hadchiti requested that his name be recorded as having voted against the Motion.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 015679.2017

SUBJECT: Question with Notice - Clr Harle and Clr Rhodes

Questions relating to the Safety aspects of the Liverpool CBD.

Background

During the previous term of Council, Council officers in conjunction with Liverpool Police carried out several safety audits of the Liverpool CBD during both normal business hours and after hours. Members of the audit group included Police Officers, Business owners, Councillors and interested community members. Council produced reports based on those surveys which included recommendations to be implemented.

Please address the following:

1. In summary, what were those recommendations?

2. Have any of the recommendations been implemented?

3. What is the overall cost of implementing those recommendations?

4. How would the implementation of those recommendations impact on the overall effectiveness of the current CCTV monitoring system?

5. What, if any, funding source was suggested to implement any of the recommendations?

6. What funding source has been used to maintain and operate the CCTV system to date, e.g. general ratepayers’ rates, Federal and State Government Grants and the City Improvement Fund?

7. What is the overall annual maintenance cost of the CCTV camera monitoring system cost to Council?

8. When does the current funding of the CCTV camera monitoring system cease?

9. Has any of the recordings, captured by the CCTV Cameras, been used in convicting offenders since the system was activated?

10. How many offences and what type of offences were committed in the Liverpool CBD both prior to, and for the same duration of time after the installation of CCTV cameras?

11. Do the CCTV cameras assist in any way in apprehending offenders when the crime is being committed?

12. Does Liverpool Police provide a city beat patrol service in the Liverpool CBD and at what times?

A response to these questions will be provided in the 22 February 2017 business papers.

Clr Hagarty left the Chambers at 7.20pm.

Clr Hagarty returned to the Chambers at 7.23pm.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 007749.2017

SUBJECT: Housing Affordability

NOTICE OF MOTION

That as Liverpool is growing and demand is increasing for affordable housing Council should investigate ways to cut red tape and reduce the time to earmark and prioritise lands for new housing developments in an effort to counter the crisis of housing affordability hitting Sydney currently.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda

That Council receives and notes the comments of the CEO to this Notice of Motion (as shown below).

Foreshadowed motion: Moved: Clr Balloot Seconded: Clr Hadid

On being put to the meeting the motion (moved by Clr Shelton) was declared CARRIED and the Foreshadowed Motion (moved by Clr Balloot) therefore lapsed.

Chief Executive Officer comment:

The following advice is provided for the information of Councillors regarding current Council strategies associated with the delivery of new housing.

1. New Housing Capacity Considerations Liverpool City Council

The following general considerations are noted regarding new housing supply in the Liverpool LGA.

· About 1,500 additional dwellings currently being added in Liverpool annually (release areas, established area redevelopment and apartments around Liverpool City Centre;

· About 2,300 dwelling capacity for apartments around Liverpool City Centre (not counting future rezonings);

· About 7000 dwelling capacity for apartments in Liverpool City Centre (when Amendment 52 is gazetted);

· About 23-30,000 dwelling capacity in existing Release Areas zoned for residential development (depending on the density that will be achieved);

· Increased number of small lots being created in response to increasing land prices;

· Development contributions in newer release areas are capped at $30,000 per dwelling;

· The control of planning in the Western Sydney Priority Growth Area is with the State Government (the structure planning for this area is currently being reviewed by the State Government, in response to the airport, in conjunction with Penrith and Liverpool Councils);

· For Council to earmark and prioritise lands it will need to substantial funding for the planning of these areas from its own resources or possibly ask DPE for funding from the SIC;

· To seriously facilitate development, the most fundamental infrastructure is water and sewer (out of Council’s control) – this might be the subject of a City Deal.

2. Subdivision Certificate Process

It is important to ensure timely release of subdivision certificates. Council officers have implemented new and streamlined processes which have reduced the turnaround times. Following is a summary of these initiatives:

The implementation of a TRIM workflow that has been tailored for processing incoming Subdivision Certificates (SC’s) was created with the objective to:

· Replace the existing manual process with an efficient electronic version

· Introduce a 14 day turn around deadline

· Improve the departments communication

· Customer satisfaction

· Quality assurance

· Replace the manual SC ledger with an electronic version

· Record relevant data and linen plans in TRIM

· Update and introduce electronic check lists

TRIM workflows have been designed to ensure that incoming correspondence is reviewed, passed on to relevant departments with clear instructions for input/action, delivered within a timely manner and filed in TRIM accordingly.

This streamlined process provides quality assurance and customer satisfaction. It also enables Council to track an audit history of the workflow via TRIM to determine if it has been delivered within the allocated time frame of 14 business days.

This has proven to be an effective and productive process. The Development Engineering Department is exceeding the turnaround time frame and in the last two months has been able to complete SC’s within 9 business days.

3. Major Infrastructure Delivery New Release Areas– Bernera Road Extension

It is essential that key infrastructure is funded and delivered in a timely manner in new release areas to facilitate new housing. One important project is the extension of Bernera Road (formerly Croatia Avenue) Edmondson Park. The extension of Bernera Road will:

· unlock land for housing development that align with the Council DCP and attract developers, ensuring that the housing development within the precinct is not delayed (3,500 dwellings);

· develop new infrastructure for public (buses) and active transport modes;

· address existing intersection performance (Camden Valley Road/Croatia Avenue), road safety and local access issues;

· improve essential transport linkages (public transport) with significant areas of undeveloped land in Edmondson Park and provide regionally significant access to the Edmondson Park Railway Station;

· allow service authorities to construct new carrier mains to increase capacity and meet future development demand;

· provide certainty for developers, which in turn will facilitate consolidation of fragmented land and development;

· provide certainty for Liverpool City Council to approve development applications;

· ensure that the benefit of significant government investment into the South West Rail Line and South West Priority Land Release Area is maximised.

· create walkable neighbourhoods, with good access to public transport;

· ensure vehicular, pedestrian and cycle ways link efficiently within and between all land uses;

· accommodate access for all people throughout Edmondson Park;

· maximise opportunities for local employment and business in appropriate locations;

· create a compact, vibrant and successful town and village centres;

· protect and enhance riparian corridors, significant trees and vegetation; and

· ensure the timely delivery of critical infrastructure and efficient use of land and existing infrastructure.

The project is funded from;

· S94 contributions,

· S80(a) Developer payments, and

· HAF-3 (Housing Acceleration Fund) funding

NSW Government through Planning NSW have indicated that of the total cost of $28M, they will fund Council under the HAF-3 program $16M.

The estimated completion is set for late 2018.

Council officers are now in the process of applying for HAF-4 funds to improve Fifteenth Ave and Edmondson Ave.

4. 149 Certificates

It is important for 149 certificates to be both accurate and issued in a timely manner to enable new home buyers and builders to progress their projects. A dedicated 149 project officer was appointed in June 2016 to undertake a full review of land property information to ensure accuracy and to implement new processes to ensure timely release of certificates and to develop on automated online system. The project has been extremely successful and is close to completion. The following outcomes are noted:

· Faster: the average turnaround time has been shorten from 21.3 days in Apr 2016 to 1.3 days in Dec 2016.

· Easier: new template and data extracting logic made it easier to use for both council staff and clients.

· More accurate: no significant errors found in generated s149 certificates since Dec 2016. More accountable: accountability of data quality is established and all related data updates can be tracked.

Work is continuing on developing the automated functionality. It is anticipated this will be launched prior to June 2017.

5. Fast Track & Liverpool ePlanning

Liverpool Council won the 2016 NSW Planning Institute of Australia (PIA) award for Planning Excellence in the Improving Planning Processes and Practices category for our eDA project.

The award recognises the achievements of Liverpool Council in translating good planning policy into improved processes and practices in the workplace and on the ground. The judging panel noted that Liverpool’s Fast Track project provides 98% faster assessment, faster lodgements and faster correspondence, with 100% customer satisfaction, which is a significant planning process improvement.

The panel said that a Council which develops an e-portal resulting in 250 residential development applications being determined on average in 4 days is providing a benchmark to all councils across NSW!

Liverpool ePlanning has delivered improvements in development assessment processes and reduced turnaround times, particularly through our Fast Track program. This initiative shows Liverpool ePlanning leading NSW in reducing red tape and facilitating faster approvals for houses including dwellings in the new release areas.

The current Fast Track process only applies to new houses in new release areas. Council officers have finalised the amendments to the DCP Part 8 which will enable the expansion of Fast Track to all houses in the Liverpool LGA including those in established area, as well as for other minor applications including carports, patios, awnings, sheds and swimming pools. The expanded process is being piloted with current Fast Track users and will be rolled out for all users in March 2017. This will yet another significant step forward for improvements in turnaround times for housing and other applications, supporting the demand for new and affordable housing.

ITEM NO: NOM 03

FILE NO: 015647.2017

SUBJECT: Availability of School Sporting and Recreational Facilities

NOTICE OF MOTION

That Council writes in general terms to each school within the Liverpool Local Government Area with a view toward enquiring in broad terms as to the following:

1. The extent to which the sporting and recreational facilities of the school have been availed of for wider community use in the recent past;

2. Whether the school has a policy on the use of such facilities by the wider community, and if so what its terms might be;

3. Where applicable, whether such policy is individual to the relevant school or has been obtained from or imposed by another body; and

4. Any other related matter on which the school cares to comment.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That Council receives and notes the comments of the CEO to this Notice of Motion (as shown below).

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

Chief Executive Officer comment:

Since June 2016, Council officers have been engaged in discussions with the Department of Education about the ‘shared use” and “joint use” of a range of existing and planned facilities in the Liverpool LGA.

Shared use refers to parts of an existing school where the school’s assets remains within the full control of the school and there is little embellishment to the asset required to allow for shared uses.

Joint use refers to where new or upgraded facilities or planned “community hubs” are provided, whether or not it is on school land, and is jointly shared between the school and another organisation.

Currently NSW Education is preparing a new framework for joint use and will continue to actively explore opportunities to work with other partners, including local authorities, in recognition of the need to address the significant challenges of enrolment growth, asset management and site sizes. Further discussions between Council and NSW Education are planned over the coming months.

Any correspondence with individual schools would have to be advanced on a case by case basis. Such a process would clearly have to take cognisance of both the discussions with the Department of Education and the forthcoming Recreation strategy to ensure integrated planning and service delivery were aligned and mutually reinforcing.

Clr Kaliyanda left the Chambers at 7.30pm

Clr Kaliyada returned to the Chambers at 7.34pm

ITEM NO: DCC 03

FILE NO: 018508.2017

SUBJECT: District Forums

RECOMMENDATION

That Council:

1. Adopt the draft Terms of Reference for the District Forums.

2. Nominate a Councillor as chairperson of each of the six District Forums.

3. Note that key performance indicators will be developed through which ongoing monitoring of the effectiveness of the Forums will be assessed.

4. Agree to review the operation of the District Forums eighteen months after commencement.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Adopt the draft Terms of Reference for the District Forums.

2. Nominate a Councillor as chairperson of each of the six District Forums.

3. Note that key performance indicators will be developed through which ongoing monitoring of the effectiveness of the Forums will be assessed.

4. Agree to review the operation of the District Forums eighteen months after commencement.

5. Immediately reinstate the Intermodal Committee using the previous Charter and immediately call for community Expressions of Interest.

Division called:

Vote for: Clr Ayyad

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Rhodes

Vote against: Mayor Waller

Clr Hagarty

Clr Kaliyanda

Clr Karnib

Clr Shelton

Foreshadowed motion: Moved: Clr Shelton Seconded: Clr Hagarty

That the recommendation be adopted.

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

Councillors then discussed the nominations for Chairperson of the respective District Forums and the Intermodal Committee

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council nominate the following:

Rural – Clr Harle

New Release – Clr Hadchiti

2168 – Mayor Waller

Established – Clr Kaliyanda

City Centre – Clr Shelton

Eastern District – Clr Rhodes

Intermodel Committee – Clr Hadchiti

Foreshadowed motion: Moved: Clr Hagarty Seconded: Clr Shelton

That Council nominate the following:

Rural – Clr Harle

New Release – Clr Hagarty

2168 – Mayor Waller

Established – Clr Kaliyanda

City Centre – Clr Shelton

Eastern District – Clr Rhodes

Intermodel Committee – Clr Hadchiti

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

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

Confidential Items

ITEM NO: CONF 01

FILE NO: 007464.2017

SUBJECT: Acquisition of Lot 244 DP 1209408, being part 45-55 Rynan Avenue, Edmondson Park, for drainage purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of Lot 244 DP 1209408, being part 45-55 Rynan Avenue, Edmondson Park, containing an area of approximately 12,830 square metres for the price and terms outlined in the confidential attachment;

2. Upon settlement of the acquisition, classifies Lot 244 DP 1209408, as 'Community' land;

3. Keeps confidential the attachment supplied under separate cover containing the acquisition price 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;

4. Notes that funding for the acquisition will be sourced from the Section 94 Contribution Fund; and

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

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council consider this item in Closed Session at the end of this meeting.

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

ITEM NO: CONF 02

FILE NO: 007520.2017

SUBJECT: Former Council Administration Centre, 1 Hoxton Park Road, Liverpool

RECOMMENDATION

That Council:

1. Agrees to the purchase of part Lot 103 DP 877139, comprising an area of approximately 12,950 square metres and authorises the Chief Executive Officer, or her delegate, to commence negotiations with Health Administration Corporation;

2. Authorises a purchase price for part Lot 103 DP 877139, comprising an area of approximately 12,950 square metres, up to the amount contained in the confidential attachment;

3. Upon settlement of the acquisition, classifies part Lot 103 DP 877139, as ‘Operational’ land in accordance with the Local Government Act 1993;

4. Keeps confidential the attachment supplied under separate cover containing details of a potential purchase 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;

5. Notes that further report will be submitted to Council, if Council is successful in the purchase of part Lot 103 DP 877139, to seek Council approval for the most appropriate method to fund the acquisition;

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 Harle Seconded: Clr Hadchiti

That Council consider this item in Closed Session at the end of this meeting.

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

ITEM NO: CONF 03

FILE NO: 007541.2017

SUBJECT: Acquisition of an easement over part Lot 101 DP 1143458, 306 Macquarie Street, Liverpool

RECOMMENDATION

That Council:

1. Proceeds with the compulsory acquisition to extinguish the easement for Light and Air, over a portion only, of Lot 101 DP 1143458, 306 Macquarie Street, Liverpool, for a public purpose, as outlined in the confidential report;

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 to extinguish the easement for light and air over Lot 101 DP 1143458, under the Land Acquisition (Just Terms Compensation) Act 1991;

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

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

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That Council consider this item in Closed Session at the end of this meeting.

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

council in closed session

mayor Waller advised that Council would now move into Closed Session to deal with Items CONF 01, CONF 02 and CONF 03 pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because the items contain information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

To allow time for the gallery to leave the Chambers, Mayor Waller called a short recess at 7.40pm.

Mayor Waller resumed the meeting in Closed Session at 7.46pm.

Confidential Items

ITEM NO: CONF 01

FILE NO: 007464.2017

SUBJECT: Acquisition of Lot 244 DP 1209408, being part 45-55 Rynan Avenue, Edmondson Park, for drainage purposes

RECOMMENDATION

That Council:

2. Upon settlement of the acquisition, classifies Lot 244 DP 1209408, as 'Community' land;

4. Notes that funding for the acquisition will be sourced from the Section 94 Contribution Fund; and

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

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council consider this item in Committee of the Whole.

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

Motion: Moved: Clr Harle Seconded: Clr Shelton

2. Upon settlement of the acquisition, classifies Lot 244 DP 1209408, as 'Community' land;

4. Notes that funding for the acquisition will be sourced from the Section 94 Contribution Fund; and

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

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

ITEM NO: CONF 02

FILE NO: 007520.2017

SUBJECT: Former Council Administration Centre, 1 Hoxton Park Road, Liverpool

RECOMMENDATION

That Council:

2. Authorises a purchase price for part Lot 103 DP 877139, comprising an area of approximately 12,950 square metres, up to the amount contained in the confidential attachment;

3. Upon settlement of the acquisition, classifies part Lot 103 DP 877139, as ‘Operational’ land in accordance with the Local Government Act 1993;

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 Hadid Seconded: Clr Shelton

That Council:

1. Seek a further two valuations (prior to the negotiations referred to in point 2 below).

2. Direct the CEO or her delegate to commence negotiations with the Health Administration Corporation to purchase part of Lot 103 DP 877139 and report back to Council on the outcome of the discussion and negotiations.

3. Staff provide a plan for the use of that precinct to Council for Councillors consideration.

4. Councillors be kept informed by confidential memo of progress or additional information which may become available.

5. Notes that a further report will be submitted to Council, if Council is successful in the negotiation of part Lot 103 DP 877139, to seek Council approval for the most appropriate method to fund the acquisition;

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

ITEM NO: CONF 03

FILE NO: 007541.2017

SUBJECT: Acquisition of an easement over part Lot 101 DP 1143458, 306 Macquarie Street, Liverpool

RECOMMENDATION

That Council:

4. 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 Hagarty

That the recommendation be adopted.

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

Division called:

Vote for: Mayor Waller

Clr Balloot

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

Vote against: Clr Ayyad

Clr Hadchiti

Clr Hadid

Motion: Moved: Clr Hadchiti Seconded: Clr Harle

That Council move back into Open Council.

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

Council moved back into Open Session at 8.14pm.

Mayor Waller read the resolutions (as shown on pages 41-45 of these minutes) relating to the CONF 01, CONF 02 and CONF 03 which were discussed during Closed Session.

OPENING

6.03pm

The prayer of the Council was read by Reverend David Clarke from Hoxton Park Anglican Church.

Nil

CONDOLENCES

Public Forum

Mayoral Minute

ITEM NO: MAYOR 01

ITEM NO: IHAP 01

ITEM NO: DPG 01

ITEM NO: DPG 02

ITEM NO: CEO 01

ITEM NO: DCC 01

ITEM NO: DCC 02

ITEM NO: DBI 01

ITEM NO: CFO 01

ITEM NO: CFO 02

ITEM NO: CFO 03

ITEM NO: CFO 04

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: CTTE 03

ITEM NO: CTTE 04

ITEM NO: CTTE 05

ITEM NO: CTTE 06

ITEM NO: QWN 01

ITEM NO: NOM 01

ITEM NO: NOM 02

ITEM NO: NOM 03

ITEM NO: CEO 02

ITEM NO: DCC 03

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03