MINUTES OF THE Ordinary Meeting

HELD ON 22 November 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 Tim Moore, Director City Economy and Growth / Deputy CEO

Mr Chris White, Director City Corporate

Dr Eddie Jackson, Director City Community and Culture

Mr Stephen Joannidis, Acting Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

The meeting commenced at 6.08pm.

OPENING 6.08pm.

Prayer

ACKNOWLEDGMENT OF COUNTRY, The prayer of the Council was read by Pastor by

PRAYER OF COUNCIL AND John Keane from West Hoxton Community Church.

AFFIRMATION TO BE READ BY

NATIONAL ANTHEM The national anthem was played at the meeting.

APOLOGIES Nil

Condolences

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

1. That the minutes of the Ordinary Meeting held on 25 October 2017 be confirmed as a true record of that meeting.

2. In relation to item “CEO 03 Voting Delegates for the 2017 Local Government NSW Annual Conference” of that meeting, Mayor Waller advised that she will now be unable to attend the conference and will be transferring her voting rights to Clr Shelton.

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

Declarations of Interest

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

Item DCC 02: Grants, Donations and Corporate Sponsorship

Reason: Clr Shelton is a member of the Liverpool Genealogy Society which is one of the organisations that have applied for a grant.

Clr Shelton left the meeting for the duration of the item.

Public Forum

Presentation – items not on agenda

1. Mr Ian Bailey addressed the Council on the following matter:

Summary of topics spoken at Council meetings in 2017 by Mr Bailey.

2. Ellen Russell addressed the Council on the following item:

Commemoration of the Battle of Beersheba.

Representation – items on agenda

Nil.

Motion of Urgency

Motion: Moved Clr Hadchiti Seconded Clr Ayyad

That Council, as a matter of urgency, move into Closed Session to deal with the following matter at the end of the meeting, pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors):

· Staffing matter which also involves a resident.

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

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 294728.2017

SUBJECT: Internal Ombudsman Policy

RECOMMENDATION

That Council:

1. Adopt the Internal Ombudsman Policy, as attached to this report; and

2. Revoke the Customer Feedback Policy, as attached to this report.

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Hadchiti

That:

1. Council adopt the Internal Ombudsman Policy, as attached to this report, subject to the following changes to clauses 4.1.5 and 4.1.6 to now read:

4.1.5 The IO has the right to undertake an inquiry into any complaint without the need for any prior consent of any person or body within Council against whom the complaint is made;

4.1.6 Once an inquiry has concluded, any executive decisions in relation to findings and recommendations of the IO require the approval of the CEO or the Mayor (in the case of any findings or recommendations relating to the CEO). However, if the CEO refuses to endorse or act upon any findings or recommendations of the IO without good reason, the IO may report this situation directly to the Mayor.

2. Council revoke the Customer Feedback Policy, as attached to this report; and

3. The Internal Ombudsman Policy be brought back to the 28 March 2018 Council meeting.

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

Clr Shelton left the meeting at 6.48pm.

ITEM NO: DCC 02

FILE NO: 294205.2017

SUBJECT: Grants, Donations, and Corporate Sponsorship

RECOMMENDATION

That Council:

1. Endorses the funding recommendation for a total amount of $29,450 (GST exclusive) under the Matching Grants Program for the following projects:

Applicant

Project

Amount Recommended

Share Care

Family Partnership Project

$14,450

Liverpool City Robins Sports Club Incorporated

Car Park Lighting

$15,000

2. Endorses the funding recommendation for a total amount of $18,000 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program for the following projects:

Applicant

Project

Amount Recommended

Liverpool Domestic Violence Liaison Committee

Stop DV Day

$8,000

Sydney Art Performing

Charming Asia Lunar Carnival

$10,000

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Karnib

That the recommendation be adopted.

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

Questions with Notice

ITEM NO: QWN 01

FILE NO: 284031.2017

SUBJECT: Question with Notice - Clr Harle

BACKGROUND

Public Speakers at the Council meeting of the 30^th July 2017 raised concerns regarding a substantial amount of soil, shale and unclean fill brought onto the New Bright Golf Club at Stewart Avenue Hammondville.

The DA dealing with this matter is: DP 1193300; DA 517/2013

https://eplanning.liverpool.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=264457

Residents of the area raised concerns re large amounts of fill brought onto the site, the type of fill and possible flooding effects on the area over time.

Please address the following:

1. Has Council investigated the concerns raised by residents and responded to emails?

2. Has Council inspected the site to ensure it complies with DA specifications?

Has the EPA inspected the site and raised any concerns?
Specifically:

a. Does the fill comply with the DA conditions?

b. What is the total amount of fill allowed to be brought onto the site? Or

c. What is the increased ground height and does that comply with DA requirements?

d. What is the type of fill material and source?

e. Are there any restrictions as to the specific area that the fill can be deposited?

f. Are there any “leaching effects” of the fill onto the surrounding area and or water quality?

g. Are there any detrimental effects of flooding in the area that may be caused by the quantity of this fill?

COUNCIL RESPONSE

Council officers have inspected the site in regards to concerns raised and to determine if the conditions of development consent are being complied with. As a result, Council officers have determined that there are a number of conditions that are not being complied with.

A notice has been issued to New Brighton Golf Club Ltd requesting compliance with a number of development consent conditions and submission of further information regarding the imported fill.

Council officers will follow up to ensure compliance with the notice. If satisfactory information is not provided by mid-November, an order will be issued with 28 days to comply. Once the requested information is submitted Council will be in a position to address specific questions in regards to quantity and quality of fill material.

ITEM NO: QWN 02

FILE NO: 284036.2017

SUBJECT: Question with Notice - Clr Rhodes

BACKGROUND

Biodiversity Strategic and Management Plan and Liverpool CBD Street Tree and Landscape Management Plan

Council recently removed several trees from the Liverpool CBD area. Several trees of substantial age and canopy cover have been removed from Governor Macquarie Drive Warwick Farm, as well as several more trees that have been recently marked for removal along Moorebank and Anzac Roads, Moorebank one of which is possibly an aboriginal Scar Tree and others that are on the Significant Tree list.

Noting Liverpool’s Biodiversity Strategy and Management Plan was last updated in 2012 and the current Liverpool CBD Street Tree and Landscape Management Plan has mapped strategies and a projected delivery of canopy cover in the Liverpool CBD.

Please address the following:

1. Can Council advise on what progress has been made towards targets for canopy delivery in the Liverpool CBD in accordance with the Urban Streetscape Management Plan?

2. What percentage of forest area has been lost in the Liverpool LGA as a result of new development over the last 5 years?

3. What has been the total financial contributions from new developments in the Liverpool LGA towards the biodiversity targets for canopy cover over the last 5 years?

4. What has been the total tree replacement contribution from new developments into Biobanking and or trees offset in public places, parks or private land?

5. What is the percentage of significant trees affected by new development in the Liverpool LGA and managed in the Biodiversity Strategy and Management Plans, Liverpool Council Tree Management Plans and Council Planning Instruments that have been saved from removal over the past 5 years?

6. What is the percentage of significant trees affected by new development in the Liverpool LGA and managed in the Biodiversity Strategy and Management Plans, Liverpool Council Tree Management Plans and Council Planning Instruments that have been removed over the past 5 years?

7. Are Council’s subcontract agreements for tree removal in the Liverpool LGA based on an agreement of an estimated quota for number of tree removals per contractual agreement or are the agreements on an “as needed” agreement only?

COUNCIL RESPONSE

Council staff comment on trees removed from Liverpool CBD, Governor Macquarie Drive

Several trees have been removed along Governor Macquarie Drive, and have been the subject of approval through various development applications which were accompanied by vegetation management plans.

Replacement vegetation and regeneration of vegetation also forms part of the approved development.

Council staff comment on trees to be removed along Moorebank Avenue and Anzac Rd

These trees are located on the Moorebank Intermodal sites and as such any removal of trees and vegetation is to be undertaken in accordance with the approvals that have been issued by the Department of Planning and Environment. Council is not the consent authority or compliance authority for the Intermodal development which is State Significant Development.

Please address the following:

1. Can council advise on what progress has been made towards targets for Canopy delivery in the Liverpool CBD in accordance with the Urban Streetscape Management Plan?

Council does not have an Urban Streetscape Management Plan. Council has a Liverpool CBD Public Domain Strategy and a Liverpool CBD Street Tree and Landscape Strategy.

Developers are required to plant street trees and street paving as part of any redevelopment of their site, along the frontage of their site.

There is no specific budget allocation for a street tree planting program within the CBD. Tree planning within the CBD is generally undertaken in conjunction with the delivery of programmed infrastructure improvement projects eg. replacement of Kerb & Gutter or footpaths.

Street trees and paving requirements are considered at DA stage and are conditioned to comply with Council’s guidelines.

2. What percentage of forest area has been lost in the Liverpool LGA as a result of new development over the last 5 years?

Based on the vegetation mapping completed in 2016, total reduction in the cover of native vegetation mapped within the LGA is approximately 2.9% since 2012. Council does not have information on the clearance of non-native vegetation and landscaping.

Assessment of DAs considers landscape plans and street tree planting aimed at enhancing the tree canopy in new housing release areas.

3. What has been the total financial contributions from new developments in the Liverpool LGA towards the biodiversity targets for canopy cover over the last 5 years?

Council does not levy s94 contributions specifically for trees under the current s94 Plans. However, Council does levy for embellishment of parks and open space including Woodward Park, Pioneer Park, Bigge Park and George’s River Foreshore. The Liverpool Contributions Plan (Liverpool City Centre) identifies $22m for embellishment works for the above parks. Council has expended $3.76m from the s94 fund and as at 8/11/17 has $9.2m in reserve.

In addition, Council has a Township Improvement Fund (levied through rates). These funds are used towards public domain improvements in the City Centre and includes parks and public squares, street tree planting, street paving, public art, lighting and improved signage.

4. What has been the total tree replacement contribution from new developments into Biobanking and or trees offset in public places, parks or private land.

Council does not have a bio-banking or tree off set policy and does not currently have a tree pricing policy, though one is under consideration. In addition, there are no established bio-banking sites that council manages.

Council does not have data on this.

The impact of tree removal is a matter for consideration as part of all development applications, however Council does not have data on the percentage of trees affected by development.

Agreements are on an “as needed” basis only.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 310253.2017

SUBJECT: Exemption from IHAP Changes

BACKGROUND

In 1997, Liverpool was the first Council in the state to introduce an Independent Hearing and Assessment Panel (IHAP). For over 20 years Liverpool has led the way in ensuring independent expert advice is considered alongside the voice of community's representatives, its Councillors, when making determinations on important or contentious Development Applications (DAs).

In August the State Government passed legislation mandating IHAP for all Councils in Sydney and Wollongong. Despite bearing the same name, these mandated IHAPs have a number of distinct differences to the one that has been in place at Liverpool. Most notably:

DAs valued between $5mil and $30mil will be determined by the IHAP (currently Liverpool's IHAP makes recommendations to Council, Council makes the determination)

· 3 of the 4 panel members will be appointed by the State Minister for Planning with no requirement that the appointees be from the local community or have an understanding of the community

· DAs that have 10 objections from different households will be referred to IHAP (currently this is any 5 objections)

According to the State Government, the rationale for these changes is to address 'inappropriate relationships between councils and developers'. The Independent Commission Against Corruption (ICAC) is the place to deal with inappropriate relationships between Councillors and developers, not planning laws. In addition to ICAC, Liverpool also has an independent internal ombudsman to assess and inquire into customer complaints and refer them to ICAC if necessary.

As a Council with robust and independent governance processes, with a track record of proactive involvement of the community in the planning process in relation to IHAPs, Liverpool, like Councils outside of Sydney and Wollongong, should be exempted from this legislation.

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council write to the Minister for Planning seeking an exemption from changes to the Environmental Planning and Assessment Act 1979 and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017 which mandate that an IHAP or Council Officers are the determining authority for development applications less than $30 million. Council requests that the community's representatives, the democratically elected Council, maintain the ability to determine any development application less than $30 million if it so decides.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda

· Returning to the previous IHAP model where Councillors made the final decision; or

· Something similar to a JRPP model where a number of Councillors are appointed to a panel.

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

Clr Ayyad left the meeting at 7.16pm.

Clr Hagarty left the meeting at 7.18pm.

Clr Ayyad returned to the meeting at 7.20pm.

Clr Hagarty returned to the meeting at 7.20pm.

ITEM NO: NOM 02

FILE NO: 312414.2017

SUBJECT: Advocacy Services NDIS

BACKGROUND

According to the 2016 census, 6.2% of the City of Liverpool's population reported needing help in their day-to-day lives due to disability. This is in comparison with 4.9% of the population of Greater Sydney.

Currently the NSW Government funds approximately 50 disability advocacy, information and peak representational organisations services to provide independent supports through the Department of Ageing Disability and Home Care (ADHC). This is about $13 million per year.

Under bilateral agreements signed by State and Commonwealth governments to assist in funding the National Disability Insurance Scheme all ADHC funding will be given to the Commonwealth after June 30 2018.

Unfortunately, this will leave significant gaps in advocacy, information and representational services for people with disability – the largest single minority group in NSW, and some of our most vulnerable citizens.

Without a seat at the table, champions to fight for us or experts on our side, it is a whole lot harder for people with disability to belong, and for communities to enjoy the full benefits of everyone’s voice, agency and participation.

Disability advocacy organisations undertake both individual and systemic advocacy as well as information provision, representation and capacity building. Their key priority is to protect and uphold the rights of people with disability.

The NDIS clearly states that it will not fund advocacy, either in individual plans, or through the Information, Linkages and Capacity Building (ILC) tier of the NDIS.

The National Disability Strategy, of which all governments agreed to adhere, clearly recognises the importance of advocacy, both individual and systemic. It recognises that advocacy is essential in allowing people with disability to have the opportunity to participate in decisions that affect their lives, and advance their rights, wellbeing and interests.

Importantly only 10% of all people with disability will be provided with an individually funded plan under the NDIS. For the other 90% the loss of funded advocacy, independent information and peak representation will mean an even greater gap in access to services/supports, and barrier to full inclusion in the NSW community.

People with disability rely on advocacy organisations to break down barriers so they can access mainstream services equally. Because of advocacy, people with intellectual disability can use Medicare to get an annual health assessment each year, or avoid unfair incarceration in the justice system; more children with disability are enrolled in regular classes and domestic violence services have tools to help them measure and improve their inclusiveness; and physical access to railway stations and other modes of transport, the Sydney Harbor Bridge, sporting venues and places of residence is gradually improving.

Without a commitment from the NSW government to maintain funding for these essential disability advocacy and information services, these services will no longer be available to people with disability in NSW. The result will be a huge gap in service provision and that lives and the well-being of many people with disability will be put at risk.

Local government plays an important role in disability inclusion and Liverpool Council has affirmed our commitment to an accessible and inclusive community through the Disability Inclusion Action Plan 2017-2021. Council works with many disability service providers, community organisations and community members in order to ensure the needs of people with disabilities in our community are met.

However, given the importance of disability advocacy and information services and the uncertainty surrounding their continuation currently, it is important that Council advocate for the members of our community and communicate their concerns.

NOTICE OF MOTION (submitted by Clr Kaliyanda)

That Council write to the NSW Minister for Disability Services to communicate the need for fully funded advocacy, informational and peak representational organisations after the implementation of the NDIS in NSW.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Shelton

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Rhodes Seconded: Clr Hadchiti

That:

1. Council write to the NSW Minister for Disability Services to communicate the need for greater advocacy services to be provided in the Liverpool LGA to address the city’s 2.7% above average needs for advocacy when compared to other parts of Sydney; and

2. The funding available for advocacy be determined.

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

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

Division called (for the Motion moved by Clr Rhodes):

The motion was carried unanimously.

ITEM NO: NOM 03

FILE NO: 312515.2017

SUBJECT: The Ending of the Great War 1918

BACKGROUND

The main purpose of this Notice of Motion is to generate discussion. Council has always been active in assisting both directly and indirectly commemorations of our war fallen arising from the various overseas conflicts and peace keeping missions this country has contributed to. In recent times Council has for example provided logistical support to the RSL and other bodies, engaged in its own projects such as the very successful projection in the CBD of images of those who lost their lives, and has provided support and background advice through its Civic Advisory Committee and other organs of Council.

Next year will mark the passing of one hundred years since the ending of the Great War. This is a time of significance and solemn reflection for many sections of the community including increasingly the younger generation who have generally been spared any direct involvement in armed conflict. Accordingly, the following motion is proposed in furtherance and support of planning based on previous contributions made by Council.

NOTICE OF MOTION (submitted by Clr Shelton)

That Council:

1. At a convenient time presents options by way of report to the Councillors, either at a briefing session or future Council meeting, as to appropriate contributions Council could make to the commemoration next year of a hundred years since the ending of The Great War; and

2. Also provides options as to appropriate budgetary allocations for as much, noting larger sums than in previous years may be required for this purpose.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That:

1. Council at a convenient time presents options by way of report to the Councillors, either at a briefing session or future Council meeting, as to appropriate contributions Council could make to the commemoration next year of a hundred years since the ending of The Great War;

2. Council also provides options as to appropriate budgetary allocations for as much, noting larger sums than in previous years may be required for this purpose; and

3. The matter be referred to the Tourism and Events Committee.

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

Clr Kaliyanda left the meeting at 7.30pm.

Confidential Items

ITEM NO: CONF 01

FILE NO: 283245.2017

SUBJECT: Three (3) Year Extension of 'Spydus' Managed Service Agreement

RECOMMENDATION

That Council:

1. Extends the contract with Civica Pty Ltd to continue use of the Spydus Library Management system for a period of three (3) years under section 55(3)(i) of the Local Government Act 1993, for the following reasons:

a) Spydus is a software package that allows Council to meet all Customer Service objectives and operations at Council’s Libraries;

b) It has been successfully used since 2007. The current agreement is from 1 October 2014 until 1 October 2017;

c) There are limited products capable of the same functionality. The Spydus product is a market leader, and Council has established support and expertise; and

d) To migrate to another system would be disruptive to operations and provide no functional advantage. Significant opportunity costs would be incurred through staff re-training and the introduction of new processes and procedures.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That the recommendation be adopted.

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

Clr Kaliyanda returned to the meeting at 7.32pm.

ITEM NO: CONF 04

FILE NO: 305145.2017

SUBJECT: Liverpool Civic Place, acquisition of adjoining of land

RECOMMENDATION

That Council:

1. Delegate authority to the Chief Executive Officer to finalise negotiations and purchase of Lot 100 DP 877435, Lot 11 DP 522284, Lot 12 DP 657056 comprising an area of approximately 1561 square metres for the sum set out in the confidential report of staff, from Australia New Century International Pty Ltd and Tongda International Tobacco Pty Ltd;

2. Upon settlement of the acquisition, classifies the land so purchased, as ‘Operational’ land in accordance with the Local Government Act 1993;

3. 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;

4. Authorise the execution of any necessary document under Council’s Power of Attorney to give effect to this resolution; and

5. Make appropriate adjustments to Council’s 17/18 Budget to accommodate the purchase via the Budget Review process, with funding to be via a NSW Treasury Corporation loan.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hagarty

That the recommendation be adopted.

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

ITEM NO: CONF 05

FILE NO: 301749.2017

SUBJECT: Classification of Lots 1-3 in Deposited Plan 249818 along Governor Macquarie Drive, Warwick Farm as Operational land.

RECOMMENDATION

That Council classifies Lots 1-3 in Deposited Pan 249818, Governor Macquarie Drive, Warwick Farm as Operational Land in accordance with the Local Government Act 1993.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the recommendation be adopted.

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

MOTION OF URGENCY

Mayor Waller advised that Council would now move into Closed Session to deal with a staff matter pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than councillors).

COUNCIL IN CLOSED SESSION

Mayor Waller allowed time for the gallery to leave the meeting.

Mayor Waller continued the meeting in Closed Session at 7.32pm.

COUNCIL DECISION

In accordance with Clause 16.6.2 of Council’s Code of Meeting Practice, the Mayor ruled that the business proposed to be brought forward was not a matter of urgency.

Council staff will liaise with the owners to discuss the matter and Councillors will be kept informed.

COUNCIL IN OPEN SESSION

Motion Moved: Clr Hadid 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 7.47pm.

Mayor Waller advised of her ruling that the matter of urgency was declined and not considered at this meeting.

THE MEETING CLOSED AT 7.48pm.

Name: Wendy Waller

Title: Mayor

Date: 13 December 2017

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 22 November 2017. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Prayer

Condolences

Public Forum

ITEM NO: DPG 01

ITEM NO: DPG 02

ITEM NO: DPG 03

ITEM NO: CEO 01

ITEM NO: DCC 01

Clr Shelton left the meeting at 6.48pm.

ITEM NO: DCC 02

ITEM NO: CFO 01

ITEM NO: CFO 02

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: CTTE 03

ITEM NO: CTTE 04

ITEM NO: QWN 01

ITEM NO: QWN 02

ITEM NO: NOM 01

ITEM NO: NOM 02

ITEM NO: NOM 03

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03

Clr Kaliyanda returned to the meeting at 7.32pm.

ITEM NO: CONF 04

ITEM NO: CONF 05

THE MEETING CLOSED AT 7.48pm.