MINUTES OF THE Ordinary Meeting

HELD ON 13 December 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 David Brodie, Manager City Works

Mr Raj Autar, Director City Infrastructure and Environment

Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.00pm

OPENING 6.00pm

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

PRAYER OF COUNCIL AND Paul Mosiejczuk from Liverpool Baptist Church.

AFFIRMATION TO BE READ BY

APOLOGIES Nil

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 22 November 2017 be confirmed as a true record of that meeting.

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

Declarations of Interest

Clr Rhodes declared a pecuniary, interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: One member who is identified in CONF 05 and CONF 06 advertises in a community magazine for Liverpool that Clr Rhodes produces.

Clr Rhodes left the Chambers and was not in the room when voting for these items took place.

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

Item: CTTE 02 Minutes of the Intermodal Committee Meeting held on 14 November 2017

Reason: Clr Hadchiti has a personal conflict arising from the operation of s440 and s440AA of the Local Government Act 1993.

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: The people mentioned in the reports may or may not be Liberal Party members.

Clr Hadchiti remained in the Chambers for the duration of the items.

Clr Balloot declared a non-pecuniary, less than significant interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: The people mentioned in the reports may or may not be Liberal Party members.

Clr Balloot remained in the Chambers for the duration of the items.

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

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: Clr Shelton is on the board of Liverpool Chambers of Commerce and Industry Incorporated, with some of the individuals named in the reports.

Clr Shelton remained in the Chambers for the duration of the items.

Clr Hadid declared a non-pecuniary, less than significant interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: One of the nominees named in the reports may be a member of the Liberal Party.

Clr Hadid remained in the Chambers for the duration of the items.

Clr Ayyad declared a non-pecuniary, less than significant interest in the following items:

Items: CONF 05 Tourism & Events Committee Expressions of Interest; and

CONF 06 CBD Committee Expressions of Interest

Reason: The people mentioned in the reports may or may not be Liberal Party members.

Clr Ayyad remained in the Chambers for the duration of the items.

Public Forum

Presentation – item not on agenda

1. Mr Kane Durrant addressed the Council on the following matter:

Biodiversity and Developments.

Representation – items on agenda

1. Ms Signe Westerberg addressed the Council on the following matter:

CTTE 04 Minutes of the Environment Advisory Committee held on 14 November 2017.

2. Ms Pam Browne from Moorebank Heritage Group addressed the Council on the following matter:

DCC 03 Grants, Donations and Corporate Sponsorship.

MOTION OF URGENCY

Mayor Waller accepted the motion below as a matter of urgency.

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

That Council write to state and federal governments and request that they reconsider the closure of the after-hours GP clinic at Liverpool Hospital on 31 December 2017 and request what alternative measures will be put in place.

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

MAYORAL MINUTE

ITEM NO: MAYOR 01

SUBJECT: Robynne Cooke

On Thursday, 21 December 2017, Robynne will finish her tenure as General Manager and bid Liverpool Hospital farewell to take up the position of Executive Director Operations at Western Sydney Local Health District. She commenced her role as General Manager of Liverpool Hospital in April 2014 and has worked previously as the Executive Director of Medical and Continuing Care Services and as the Chief Nursing Officer for Northern Health in Melbourne. She has also worked in other public health organisations across Melbourne as a senior executive for many years.

Ms Cooke’s outstanding leadership skills were formally recognised by Deakin University when she received the Deakin University-Health Super Leadership in Nursing and Midwifery Award. She is also a graduate of the Institute of Company Directors. During her time at Liverpool Hospital, Ms Cooke worked with Council to obtain a second Helipad for the hospital. It is thanks to her efforts that Liverpool Hospital remains one of the most reputable hospitals in New South Wales.

Her contributions to our city extend beyond her role of General Manager at Liverpool Hospital. Ms Cooke has maintained a strong relationship with Council, she has been involved in both the Civic Advisory and Economic Development Committees. She has also contributed to the wider Liverpool community, assisting Casula Powerhouse’s Cancer Therapy Centre Exhibition, the Arts and Health Program and the RSL Club’s Anzac Day Commemorations. Liverpool City Council’s Mayor and Councillors also benefited from her help with the Charity Ball and more than $40,000 was raised for the Hospital’s new Healing Garden this year. Ms Cooke was also involved in the launch of the Health and Education Research Precinct Report, which was launched by Greater Sydney Commissioner Lucy Turnbull. The Report will be instrumental in mapping the future of Liverpool and realising the potential of our CBD and capitalizing on our growing health and education assets.

While Ms Cooke’s new appointment is no doubt a milestone in her career, it is also a huge loss for the Liverpool Hospital and the Community. She deserves Council’s acknowledgement and congratulations for her contributions towards Liverpool Hospital and the wider Liverpool community.

COUNCIL DECISION

Motion: Moved: Mayor Waller

That Council:

1. Congratulates Robynne Cooke on her new appointment as Executive Director Operations at Western Sydney Local Health District.

2. Acknowledges the contribution Robynne Cooke has made to Liverpool Hospital and the broader Liverpool Community.

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

The Chief Executive Officer, Ms Kiersten Fishburn advised that she would need to leave the meeting and Mr Tim Moore stepped in to the position of Acting Chief Executive Officer for the remainder of the meeting.

MAYORAL MINUTE

ITEM NO: MAYOR 02

SUBJECT: Chief Superintendent Peter Gillam APM

Chief Superintendent Peter Gillam grew up in Green Valley and was based at Liverpool police station when he first joined the force as a new recruit in 1978. Since then, he has had long and distinguished career working in a variety of roles from the tactical response unit to the Witness Security Unit and State Protection Unit. He is also a trained police negotiator and was responsible for the development of the NSW Police Force Witness Protection Program.

As Chief Superintendent, Mr Gillam also oversaw the Liverpool Police Station’s relocation to the new purpose-built location on Moore Street and ensured that the station ran smoothly during the transition. During his leadership, Liverpool’s city centre became one of the safest CBDs in Sydney South West. In 2016, the recorded rate of robbery in our LGA was ranked in the top thirty out of 120 LGAs that have populations greater than 3000.

Chief Superintendent Gillam has also been an active and supportive member of the Liverpool Community by supporting many local organisations. He was the former secretary of the Liverpool Chamber of Commerce and made himself available to present Police reports to the Chamber Monthly Member meetings. Mr Gillam also offered help transporting the members of the Liverpool Justice of the Peace Association to various community service outlets in the LGA. Chief Superintendent Gillam received the Australian Police Medal in January 2016, a significant honour that acknowledges his great contribution.

Chief Superintendent Gillam is preparing to retire in July 2018 and will continue working on a special project for the Police Department until then. At the time of his retirement, he will return to our city a final time for a “March Out” Police tribute in honour of his years of service and commitment to our city. Chief Superintendent Gillam deserves Council’s acknowledgement and congratulations for his tireless efforts and vast contributions towards making our city a better place to live.

COUNCIL DECISION

MOTION: MOVED: Mayor Waller

That Council:

1. Congratulates Chief Superintendent Gillam on his retirement.

2. Acknowledges the contribution Chief Superintendent Gillam has made to Liverpool Police and the broader Liverpool Community.

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

City Economy and Growth Report

ITEM NO: DPG 01

FILE NO: 303241.2017

SUBJECT: Liverpool City Centre Traffic Study 2017 - Draft Implementation Plan

RECOMMENDATION

That Council:

1. Notes the draft scoping and implementation plan;

2. Considers funding allocation for design investigation for a multi-deck car park at the existing Collimore Car Park in the 2018/2019 budget;

3. Continues to work with the RMS and TfNSW for design investigations, and upgrade of Hume Highway/Hoxton Park Road/Macquarie Street intersection; and

4. Continues representations to the State Government to improve regional traffic and transport infrastructure and services in and around the Liverpool City Centre.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Notes the draft scoping and implementation plan;

2. Directs the CEO to immediately allocate funding for design investigation for a multi-deck car park at the existing Collimore Car Park in the 2017/2018 budget;

3. Continues to work with the RMS and TfNSW for design investigations, and upgrade of Hume Highway/Hoxton Park Road/Macquarie Street intersection, whilst seeking the support of the Member for Liverpool & Member for Holsworthy to lobby their respective parties;

4. Continues representations to the State Government to improve regional traffic and transport infrastructure, parking and services in and around the Liverpool City Centre; and

5. Move the construction of Collimore Park parking station to the 0-5 year category.

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

Councillors voted unanimously for this motion.

ITEM NO: DPG 02

FILE NO: 297018.2017

SUBJECT: Planning Proposal to amend Schedule 5 - Environmental Heritage of Liverpool Local Environmental Plan 2008.

RECOMMENDATION

That Council:

1. Support the Planning Proposal to amend Schedule 5 – Environmental Heritage of Liverpool Local Environmental Plan 2008;

2. Forward the Planning Proposal to the Department of Planning and Environment for Gateway Determination;

3. Subject to the Gateway, undertake any requirements of the Gateway conditions including public exhibition and community consultation; and

4. Receive a further report addressing any submissions received as a result of public exhibition of the Planning Proposal.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes

That Council receive and note the report.

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 CARRIED and the Foreshadowed motion (moved by Clr Shelton) lapsed.

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

ITEM NO: DPG 03

FILE NO: 317586.2017

SUBJECT: Draft Tourism & Events Committee Charter

RECOMMENDATION

That Council:

1. Endorse the draft Tourism and Events Committee Charter; and

2. Elect three Councillor representatives to the Tourism and Events Committee.

UPDATED RECOMMENDATION

That Council

1. Consider whether or not to leave clause 8.1.2 of the Charter, ‘The Mayor (or delegate) will be Chairperson of the Committee’. If this clause is deleted, then the following should be added to Section 8.1: ‘The election of a Chairperson will be conducted at the first meeting of the Committee’;

2. Amend clause 8.1.3 of the Charter to indicate that, ‘Five Councillors, as elected by Council, will sit on the Committee’;

3. Endorse the draft Tourism and Events Committee Charter with the appropriate amendments; and

4. Endorse the nomination of the following Councillors to the Committee: Deputy Mayor Ayyad, Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That items DPG 03, DGP 04, CONF 05 & CONF 06 be dealt with in Confidential Session at the end of the meeting.

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

ITEM NO: DPG 06

FILE NO: 323792.2017

SUBJECT: Liverpool Design Excellence Panel

RECOMMENDATION

That Council:

1. Endorse minor amendments to the Design Excellence Panel Charter and Procedure attached;

2. Seek expressions of interest from suitably qualified industry representatives to become members of Liverpool Design Excellence Panel for a two year period; and

3. Receive a further report to assess the expressions of interest received and endorse the Panel members.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadchiti

That Council:

1. Endorse minor amendments to the Design Excellence Panel Charter and Procedure attached with the exception of H;

2. Seek expressions of interest from suitably qualified industry representatives to become members of Liverpool Design Excellence Panel for a two year period; and

3. Receive a further report to assess the expressions of interest received and endorse the Panel members.

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

ITEM NO: DPG 07

FILE NO: 327086.2017

SUBJECT: Development and Subdivision of Land Policy

RECOMMENDATION

That Council:

1. Adopt the revised Development and Subdivision of Land policy included as Attachment 1 to the report as a Council Policy; and

2. Include the Development and Subdivision of Land policy on Council’s Policy Register and website.

UPDATED RECOMMENDATION

That Council:

1. Adopt the revised Development and Subdivision of Land policy included as Attachment 1 to the report as a Council Policy, subject to the following changes:

7.3 Determination within 40 days

Planning legislation requires Council to determine applications within 40 days of

receipt of the application, or 60 days where the application requires referral to other authorities. Upon determination of any application, a written notification will be sent to the applicant stating that consent has been granted subject to detailed conditions, or that consent has been refused (with reasons).

Under Section 97 of the Environmental Planning and Assessment Act (EP&A Act) 1979, an applicant has the right to appeal an application if it not determined within the above specified timeframes.

7.4 Review of Determination

If an applicant is dissatisfied with a notice of determination (such as a refusal of an application) or the conditions contained within a notice of determination, Section 82A of the EP&A Act allows the applicant to request a review of the determination within six months after the date on which the application is taken to have been determined.

It is recommended that such an application is lodged within 28 days of the determination of the Development Application as the review of determination must be made within six months, as required by the EP&A Act. Refer to a range of other important provisions relating to Section 82A review applications in the EP&A Act.

2. Include the Development and Subdivision of Land policy on Council’s Policy Register and website.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Hadchiti

That the updated recommendation be adopted.

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

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 322686.2017

SUBJECT: Floodplain Management Association Conference

RECOMMENDATION

That Council receives and notes the program information of the Floodplain Management Conference to be held from 29 May to 1 June 2018 and nominates its delegates to attend.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes

That Council:

1. Receives and notes the program information of the Floodplain Management Conference to be held from 29 May to 1 June 2018 and directs the CEO to nominate two technical staff to attend in lieu of Councillors.

2. Staff attending the conference provide a report on the conference at a future Councillor Briefing Session.

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

ITEM NO: DCC 02

FILE NO: 321715.2017

SUBJECT: Public Arts Policy

RECOMMENDATION

That Council:

1. Receive and note this report; and

2. Endorse the Public Art Policy for public exhibition.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda

That Council:

1. Receive and note this report; and

2. Endorse the Public Art Policy for public exhibition with the following amendment:

· That the policy be reviewed annually.

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

ITEM NO: DCC 03

FILE NO: 317518.2017

SUBJECT: Grants, Donations and Corporate Sponsorship

RECOMMENDATION

That Council:

1. Endorses the funding recommendation for a total amount of $5,000 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program for the following project:

Applicant	Project	Amount Recommended
Western Sydney Community Forum	ZEST Community Awards	$5,000

2. Endorses the funding recommendation for a total amount of $14,836 (GST exclusive) under the Matching Grants Program for the following project:

Applicant

Project

Amount Recommended

Moorebank Heritage Group Inc.

Peace comes to Liverpool

$14,836

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Hadchiti

That the recommendation be adopted.

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

City Infrastructure and Environment Report

ITEM NO: DIEN 01

FILE NO: 315691.2017

SUBJECT: Eleventh Avenue, Austral

RECOMMENDATION

That Council includes the half-width road construction of Eleventh Avenue fronting Craik Park in the 2018/19 Operation Plan.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

That Council:

1. Includes the half-width road construction of Eleventh Avenue fronting Craik Park in the 2018/19 Operation Plan.

2. Direct the CEO to allocate funds in the next quarterly review for the design of a carpark at Craik Park.

Foreshadowed motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda

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 Hagarty) lapsed.

Division called:

Vote for: Mayor Waller

Clr Ayyad

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Harle

Clr Kaliyanda

Clr Rhodes

Vote against: Clr Hagarty

Clr Karnib

Clr Shelton

Committee Reports

ITEM NO: CTTE 01

FILE NO: 303984.2017

SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 2 November 2017

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on Thursday 2 November 2017; and

2. Endorse the recommendations in the minutes.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the recommendation be adopted.

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

Mayor Waller called a recess of Council at 6.57pm.

The meeting reopened at 7.29pm with all Councillors present.

ITEM NO: CTTE 02

FILE NO: 323261.2017

SUBJECT: Minutes of the Intermodal Committee Meeting held on 14 November 2017

RECOMMENDATION

That Council:

1. Receive and note the Minutes of the Intermodal Committee Meeting held on 14 November 2017; and

2. Endorse the recommendations in the Minutes.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That Council:

1. Receive and note the Minutes of the Intermodal Committee Meeting held on 14 November 2017;

2. Notes that Committee members with the initials JA, JF and BW were noted as voting against motions 5, 6, 7, 9, 10, 11 and 12 as shown in the minutes; and

3. Endorse the recommendations in the Minutes with the exception of Motion 3 which was not adopted by Council.

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

ITEM NO: CTTE 03

FILE NO: 324465.2017

SUBJECT: Minutes of the Local Traffic Committee Meeting held on 8 November 2017

RECOMMENDATION

That Council adopts the following recommendations in accordance with attached Minutes:

i) Item 1 - Speed, Shepherd and Atkinson Streets, Liverpool – Decommissioning of Restricted Access Vehicles Route

· Council approves the decommissioning of the existing restricted access route (heavy vehicles) along Speed Street, Shepherd Street and Atkinson Street, Liverpool.

· Council requests the Roads and Maritime Services to remove this restricted access route from their records.

ii) Item 2 - Subdivision of 1450-1489 Camden Valley Way, East Leppington – Proposed signs and linemarking scheme

· Council approves the signs and linemarking with the revised roundabout design and two ‘Give Way signs’ for the subdivision of 1450-1486 Camden Valley Way, East Leppington, as shown in Attachments 2.1 to 2.4.

· Council advises the developer of its decision.

iii) Item 3 - Cartwright Avenue, Miller – Decommissioning of Bus Stops and Bus Zones

· Council approves the decommission of the existing bus stops and bus zones along both sides of Cartwright Avenue, Miller, at the front of St. Therese Catholic Primary School, as indicated in the Attachment 3.1.

· Council advises Transit Systems to decommission the bus stops and bus zones.

· Council advises the Transport for NSW of its decision.

iv) Item 4 - Terminus Street, Liverpool – Proposed ‘No Right Turn’ restriction at its intersection with Charles Street

· Council approves ‘No Right Turn, 6-10am and 3-6pm, Mon-Fri’ on Terminus Street at its intersection with Charles Street, Liverpool, as shown in the Attachment 4.1.

· Council assesses the impact of ‘No Right Turn’ restrictions at Charles Street and turning movements at the Terminus/Pierre Streets and Pirie/Nagle Street intersections.

· Council prepares a TMP for the right turn restriction to the Roads and Maritime Services for approval.

v) Item 5 - Flowerdale Road, Liverpool – Liverpool West Public School – Request for a raised pedestrian crossing

• Council approves the installation of a raised pedestrian threshold across Flowerdale Road, in front of Liverpool West Public School. As indicated in Attachments 5.1 and 5.2.

vi) Item 6 - Macquarie Street, Liverpool – Request for pick up and set down zone

· Council keeps the ‘No Parking’ restriction outside 265 and 269 Macquarie Street, Liverpool and attaches a supplementary ‘”Pick Up and Set Down Only” sign.

· Council to investigate a similar arrangement for the Medical Centre Tigris MDC at 243-245 George Street.

vii) Item 7 - Local Traffic Committee – Meeting dates for 2018

· Council approves the Committee to meet on the following dates in 2018:

o 24 January 2018

o 14 March 2018

o 16 May 2018

o 18 July 2018

o 19 September 2018

o 7 November 2018

· Council places the Local Traffic Committee meeting dates in the Corporate Diary.

viii) Item 8 - 2017-2018 Black Spot Improvement Projects

· Council approves the following traffic facilities:

o South Liverpool Road and St Johns Road intersection, Busby – Installation of raised threshold and extension of the median islands at the existing roundabout.

o Congressional Drive, Liverpool – Installation of raised thresholds on both approaches to the 90º bend.

o Maxwells Avenue, Ashcroft – upgrade of the existing marked pedestrian crossing to a raised threshold with the marked pedestrian crossing.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes

That Council adopts the recommendation with an additional point to item 5 which has been added below:

i) Item 1 - Speed, Shepherd and Atkinson Streets, Liverpool – Decommissioning of Restricted Access Vehicles Route

· Council approves the decommissioning of the existing restricted access route (heavy vehicles) along Speed Street, Shepherd Street and Atkinson Street, Liverpool.

· Council requests the Roads and Maritime Services to remove this restricted access route from their records.

ii) Item 2 - Subdivision of 1450-1489 Camden Valley Way, East Leppington – Proposed signs and linemarking scheme

· Council advises the developer of its decision.

iii) Item 3 - Cartwright Avenue, Miller – Decommissioning of Bus Stops and Bus Zones

· Council advises Transit Systems to decommission the bus stops and bus zones.

· Council advises the Transport for NSW of its decision.

iv) Item 4 - Terminus Street, Liverpool – Proposed ‘No Right Turn’ restriction at its intersection with Charles Street

· Council approves ‘No Right Turn, 6-10am and 3-6pm, Mon-Fri’ on Terminus Street at its intersection with Charles Street, Liverpool, as shown in the Attachment 4.1.

· Council assesses the impact of ‘No Right Turn’ restrictions at Charles Street and turning movements at the Terminus/Pierre Streets and Pirie/Nagle Street intersections.

· Council prepares a TMP for the right turn restriction to the Roads and Maritime Services for approval.

v) Item 5 - Flowerdale Road, Liverpool – Liverpool West Public School – Request for a raised pedestrian crossing

• Council approves the installation of a raised pedestrian threshold across Flowerdale Road, in front of Liverpool West Public School. As indicated in Attachments 5.1 and 5.2.

· Council advocates as a priority to the RMS for the installation of speed cameras on Flowerdale Road and Council staff report back to Councillors through the CEO Update on the results of that advocacy.

vi) Item 6 - Macquarie Street, Liverpool – Request for pick up and set down zone

· Council keeps the ‘No Parking’ restriction outside 265 and 269 Macquarie Street, Liverpool and attaches a supplementary ‘”Pick Up and Set Down Only” sign.

· Council to investigate a similar arrangement for the Medical Centre Tigris MDC at 243-245 George Street.

vii) Item 7 - Local Traffic Committee – Meeting dates for 2018

· Council approves the Committee to meet on the following dates in 2018:

o 24 January 2018

o 14 March 2018

o 16 May 2018

o 18 July 2018

o 19 September 2018

o 7 November 2018

· Council places the Local Traffic Committee meeting dates in the Corporate Diary.

viii) Item 8 - 2017-2018 Black Spot Improvement Projects

· Council approves the following traffic facilities:

o South Liverpool Road and St Johns Road intersection, Busby – Installation of raised threshold and extension of the median islands at the existing roundabout.

o Congressional Drive, Liverpool – Installation of raised thresholds on both approaches to the 90º bend.

o Maxwells Avenue, Ashcroft – upgrade of the existing marked pedestrian crossing to a raised threshold with the marked pedestrian crossing.

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

ITEM NO: CTTE 04

FILE NO: 324473.2017

SUBJECT: Minutes of the Environment Advisory Committee held on 14 November 2017

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 14 November 2017;

2. Endorses the recommendations in the minutes with the exception of 6.2 regarding the establishment of a community nursery in Liverpool, noting that the Committee does not have the authority to rescind a resolution of Council.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That the recommendation be adopted.

Foreshadowed motion: Moved: Clr Shelton Seconded: Clr Hagarty

That Council:

1. Receives and notes the Minutes of the Environment Advisory Committee Meeting held on 14 November 2017;

2. Endorses the recommendations in the minutes and pursues option 2 as described in the Montemare report (Liverpool Sustainability Hub).

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

Clr Shelton and Clr Hagarty asked that they be recorded as voting against the motion (moved by Clr Hadchiti).

Notices of Motion

ITEM NO: NOM 01

FILE NO: 331564.2017

SUBJECT: Review of SEPP 2008 relating to the erecting of fences

NOTICE OF MOTION (submitted by Clr Harle)

That Council write to the Department of Planning and Environment to have the matter of the erecting of fences as exempt development under the Exempt and Complying Development Codes SEPP 2008 investigated, as the specific provisions under the SEPP relating to the erecting of fences is producing poor planning outcomes for the Liverpool Local Government Area.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That Council:

1. Write to the Department of Planning and Environment to have the matter of the erecting of fences as exempt development under the Exempt and Complying Development Codes SEPP 2008 investigated, as the specific provisions under the SEPP relating to the erecting of fences is producing poor planning outcomes for the Liverpool Local Government Area.

2. Report back to Councillors on the outcome of those representations.

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

ITEM NO: NOM 04

FILE NO: 337662.2017

SUBJECT: Football in South West Sydney

NOTICE OF MOTION (submitted by Clr Kaliyanda)

That Council:

1. Publicly support a south-west Sydney based A-League team;

2. Support Southern Districts Soccer Football Association Inc’s intention to apply for a championship licence for a south-west Sydney based A-League team in the event of an expansion of the league by the FFA; and

3. Write to Southern Districts Soccer Football Association Inc advising them of Liverpool Council’s support for such an initiative.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That Council:

1. Publicly support an A-league team in Liverpool;

2. Write to the Federal Government thanking them for their commitment by way of $1,000,000 which will be used to provide facilities for Soccer in our LGA;

3. Support Southern Districts Soccer Football Association Inc’s intention to apply for a championship licence for a south-west Sydney based A-League team in the event of an expansion of the league by the FFA;

4. Lobby the Office for Sport to ensure that any new Western Sydney Sporting venue is constructed in the Liverpool LGA; and

5. Write to Southern Districts Soccer Football Association Inc advising them of Liverpool Council’s support for such an initiative.

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

Confidential Items

ITEM NO: CONF 01

FILE NO: 297384.2017

SUBJECT: Acquisition of Part Lot 3 DP 29317, 25 Rynan Avenue, Edmondson Park, for drainage and open space purposes

RECOMMENDATION

That Council:

1. Approves the acquisition of Lot 16 in a proposed plan of subdivision of Lot 3 DP 29317, 25 Rynan Avenue, Edmondson Park containing an area of approximately 676 square metres for the price and terms outlined in this report;

2. Upon settlement of the acquisition, classifies Lot 16 in a proposed plan of subdivision of Lot 3 DP 29317, as ‘Community’ land;

3. Keeps confidential this 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; and

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 Hadchiti Seconded: Clr Shelton

That the recommendation be adopted.

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

ITEM NO: CONF 02

FILE NO: 323828.2017

SUBJECT: Proposed Road Closing and Disposal of part of Culverston Avenue in Denham Court.

RECOMMENDATION

That Council:

1. Approves the permanent road closure of part of Culverston Avenue in Denham Court as outlined in the confidential report;

2. Subject to Crown Lands approving a road closing application, classifies the land comprising the closed road area as “Operational” land pursuant to s.43 of the Roads Act 1993, and approves the sale of the closed road area to the adjoining owner on the terms outlined in the confidential report;

3. Keeps this report confidential 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 Council is conducting (or proposes to conduct) business;

4. Approves the transfer of the proceeds of sale into the General Property Reserve; 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 Shelton Seconded: Clr Rhodes

That the recommendation be adopted.

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

ITEM NO: CONF 03

FILE NO: 325301.2017

SUBJECT: Proposed Easement for underground electrical cables over part of Mayberry Park, Elizabeth Drive and Mayberry Crescent in Liverpool.

RECOMMENDATION

That Council:

1. Grants an easement for underground electrical cables over Lot 17 in DP 31382, Mayberry Crescent Liverpool and Lot 1 in DP 1076872, Elizabeth Drive Liverpool, known as Mayberry Park on the terms as outlined in the confidential report;

2. Keeps this report confidential 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 Council is conducting (or proposes to conduct) business;

3. Approves the transfer of the compensation amount into the General Property Reserve; 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 Rhodes Seconded: Clr Shelton

That the recommendation be adopted.

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

ITEM NO: CONF 04

FILE NO: 324300.2017

SUBJECT: Acquisition of Part Lot 2 DP 1196541, 185 Gurner Avenue, Austral for open space purposes

RECOMMENDATION

That Council:

1. Receives and notes the report of staff; and

2. Keeps confidential the attachment supplied under separate cover containing details of the hardship claim pursuant to the provisions of Section 10A(2)(b) of the Local Government Act 1993 as the matter deals with the hardship of a resident and ratepayer.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. Receives and notes the report of staff;

3. Councillors be updated on any pending situations.

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

Clr Kaliyanda left the Chambers at 8.11pm.

Clr Kaliyanda returned to the Chambers at 8.15pm.

ITEM NO: CONF 07

FILE NO: 333262.2017

SUBJECT: Establishment of a Panel of Conduct Reviewers

RECOMMENDATION

That Council:

1. In accordance with clause 3.1 of the Code of Conduct Procedures, appoints the following panel of conduct reviewers (being the successful tenderers under RCL 2669) for a term of three years with an extension option of one year:

a. O' Connell Workplace Relations Pty Ltd;

b. Train Reaction Pty Ltd;

c. Sinc Solutions Pty Ltd;

d. Armris Pty Ltd trading as Pinnacle Integrity; and

e. Jan McClelland & Associates Pty Ltd;

2. Makes public its decision regarding the successful tenderers for RCL 2669;

3. Notes that the Chief Executive Officer or delegate will finalise all details and sign the letters of acceptance for the successful tenderers for RCL 2669, giving contractual effect to their individual tenders in accordance with delegated authority; and

4. Keeps confidential the details supplied in this report containing information on the submissions received, under 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 persons who supplied it.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Rhodes

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

ITEM NO: CONF 08

FILE NO: 335473.2017

SUBJECT: Easement for Access over Lot 3 DP 703565, Lot 82 DP 790072 and Lot 1 DP 1196393

RECOMMENDATION

That Council:

1. Approves the granting of an easement for access over Lot 3 DP 703565, Lot 82 DP 790072 and Lot 1 DP 1196393, Speed Street, Liverpool, benefiting the owners of 2-4 Speed Street, Liverpool, GP Superclinic Liverpool Pty Ltd, in return for payment of compensation to Council in the amount referenced in the report of staff;

2. Agrees to transfer the compensation amount into the Property Development Reserve;

3. Authorises the CEO or her delegate to execute any document, under Power of Attorney necessary to give effect to this decision; and

4. Keeps this report confidential 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 Shelton Seconded: Clr Hagarty

That the recommendation be adopted.

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

ITEM NO: CONF 09

FILE NO: 324501.2017

SUBJECT: Tender WT2634 - Bernera Road Extension

RECOMMENDATION

That Council:

1. In accordance with Section 178 (1) (b) of the Local Government (General) Regulation 2005, decline to accept any of the tenders received for WT2634 - Bernera Road Extension Project – Camden Valley Way to Soldiers Parade, Edmondson Park.

2. In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005, enters into negotiations, with with Burtons Contractors Pty Ltd with the view of entering into a contract for Bernera Road Extension Project – Camden Valley Way to Soldiers Parade, Edmondson Park.

3. In accordance with Section 178(4) of the Local Government (General) Regulation 2005, notes that the reasons for entering into negotiations and not calling fresh tenders are:

a. Council has received an advantageous tender for all portions of the works from Burtons Contractors Pty Ltd, who have been assessed as the preferred tenderer.

b. Burtons Contractors Pty Ltd has offered significant savings associated with the provision of an electrical transmission line subject to acceptance of an alternate proposal. The alternate proposal can only be fully evaluated as part of contract negotiations.

4. Authorises the Chief Executive Officer to negotiate, and subject to a satisfactory outcome of the negotiation process, sign the Letter of Acceptance giving it contractual effect, in accordance with delegated authority.

5. 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 Hagarty Seconded: Clr Hadid

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

Mayor Waller advised that Council would now move into Closed Session to deal with Items DPG 03, CONF 05, DPG 04 and CONF 06 pursuant to the provisions of s10(A)(2)(a) of the Local Government Act 1993 because the items contain personal matters concerning particular individuals (other than Councillors).

To allow for the gallery to leave the Chambers, Mayor Waller called a short recess at 8.13pm.

Mayor Waller reopened the meeting in Closed Session at 8.18pm.

MOTION TO MOVE INTO COMMITTEE OF THE WHOLE

Motion: Moved: Clr Karnib Seconded: Clr Hadchiti

That Council move into Committee of the Whole to discuss items DPG 03, CONF 05, DPG 04 and CONF 06.

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

ITEM NO: DPG 03

FILE NO: 317586.2017

SUBJECT: Draft Tourism & Events Committee Charter

RECOMMENDATION

That Council:

1. Endorse the draft Tourism and Events Committee Charter; and

2. Elect three Councillor representatives to the Tourism and Events Committee.

UPDATED RECOMMENDATION

That Council:

2. Amend clause 8.1.3 of the Charter to indicate that, ‘Five Councillors, as elected by Council, will sit on the Committee’;

3. Endorse the draft Tourism and Events Committee Charter with the appropriate amendments; and

4. Endorse the nomination of the following Councillors to the Committee: Deputy Mayor Ayyad, Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council endorse the draft Tourism and Events Charter with the following amendment:

· “Having regard to the importance of this Committee, all Councillors be members.”

Foreshadowed motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

1. Endorse the draft Tourism and Events Committee Charter, with the following amendments:

8.2 Community Representation

8.2.1 The Committee will include up to 15 Community Representatives / strategic stakeholders who either live, work or own a business in the Liverpool LGA and / or have some knowledge, experience, and or engagement specific to Tourism and Events.

8.2.2 The appointment of community representatives is through an EOI process which will be called for through Council notices through the local media and Councils online platforms.

8.2.3 The appointment of strategic stakeholders will be by special invitation.

2. Elect five Councillor representatives, being Clr Ayyad, Clr Balloot, Clr Hadid, Clr Rhodes and Clr Shelton to the Tourism and Events Committee.

3. Make corresponding amendments to the Charter to enable the above changes to be made.

4. Initially invite Liverpool Catholic Club, Club Liverpool, Liverpool Hospital, Chamber of Commerce, Belgravia Leisure, University of Western Sydney, University of Wollongong, Riverside Stables and Austral Bowling Club as strategic stakeholders. Further stakeholders may be co-opted if required.

5. The Mayor or their delegate is the Chair of the Committee as per meeting protocol.

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

ITEM NO: CONF 05

FILE NO: 327264.2017

SUBJECT: Tourism & Events Committee Expressions of Interest

RECOMMENDATION

That Council endorse the community representatives to the Tourism and Events Committee as advised by the Selection Panel.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That Councillors vote one by one on candidates.

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

Clr Rhodes left the Chambers at 8.35pm.

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That the following applicants be endorsed as members of the Tourism & Events Committee:

· Carol North-Samardzic

· Michelle Caruso

· James Tran

· Tom Wang

· June Young

· Adam Anderson

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

Clr Rhodes returned to the Chambers at 8.45pm.

Clr Hadchiti left the Chambers at 8.53pm.

Clr Hadchiti returned to the Chambers at 8.55pm.

ITEM NO: DPG 04

FILE NO: 318921.2017

SUBJECT: Draft CBD Committee Charter

RECOMMENDATION

That Council:

1. Endorse the draft CBD Committee Charter; and

2. Elect three Councillor representatives to the CBD Committee.

UPDATED RECOMMENDATION

That Council:

2. Amend clause 8.1.3 of the Charter to indicate that, ‘Four Councillors, as elected by Council, will sit on the Committee’;

3. Endorse the draft CBD Committee Charter with the appropriate amendments; and

4. Endorse the nomination of the following Councillors to the Committee: Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council endorse the draft CBD Committee Charter with the following amendment:

· “Having regard to the importance of this Committee, all Councillors be members.”

Foreshadowed motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

1. Endorse the draft CBD Committee Charter, with the following amendments:

8.2 Community Representation

8.2.1 The Committee will include up to 15 Community Representatives / strategic stakeholders who either live, work or own a business in the Liverpool CBD and / or are considered strategic stake holders in the Liverpool CBD.

8.2.2 The appointment of community representatives is through an EOI process which will be called for through Council notices through the local media and Councils online platforms.

8.2.3 The appointment of strategic stakeholders will be by special invitation.

2. Elect four Councillor representatives, being Clr Balloot, Clr Hadid, Clr Hagarty and Clr Rhodes to the CBD Committee.

3. Make corresponding amendments to the Charter to enable the above changes to be made.

5. The Mayor or their delegate is the Chair of the Committee as per meeting protocol.

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

Division called:

Vote for: Mayor Waller

Clr Hagarty

Clr Kaliyanda

Clr Karnib

Clr Shelton

Vote against: Clr Ayyad

Clr Balloot

Clr Hadid

Clr Hadchiti

Clr Harle

Clr Rhodes

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

Clr Rhodes left the Chambers at 9.27 pm.

ITEM NO: CONF 06

FILE NO: 327266.2017

SUBJECT: CBD Committee Expressions of Interest

RECOMMENDATION

That Council endorse community representatives to the CBD Committee as advised by the Selection Panel.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the following applicants be endorsed as community representatives to the CBD Committee:

· George Germanos

· Matthew Sofi

· Adam Anderson

· James Tran

· Tom Wang

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

Clr Rhodes returned to the Chambers at 9.32pm.

MOTION TO MOVE BACK INTO OPEN SESSION

Motion: Moved: Clr Hagarty Seconded: Clr Shelton

That Council move back into open session.

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

Open Council resumed at 9.32pm.

Mayor Waller read the resolutions (as shown on pages 45 to 50 of these minutes) relating to items DPG 03, CONF 05, DPG 04, CONF 06 which were dealt with during Closed Session.

Public Forum

ITEM NO: DPG 01

ITEM NO: DPG 02

ITEM NO: DPG 03

ITEM NO: DPG 05

ITEM NO: DPG 06

ITEM NO: DPG 07

ITEM NO: CEO 01

ITEM NO: CEO 02

ITEM NO: DCC 01

ITEM NO: DCC 02

ITEM NO: DCC 03

ITEM NO: DCC 04

ITEM NO: CFO 01

ITEM NO: DIEN 01

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: CTTE 03

ITEM NO: CTTE 04

ITEM NO: CTTE 05

ITEM NO: DPG 08

PRESENTATIONS BY COUNCILLORS

ITEM NO: NOM 01

ITEM NO: NOM 02

ITEM NO: NOM 03

ITEM NO: NOM 04

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03

ITEM NO: CONF 04

Clr Kaliyanda left the Chambers at 8.11pm.

ITEM NO: CONF 07

ITEM NO: CONF 08

ITEM NO: CONF 09

ITEM NO: CONF 10

ITEM NO: DPG 03

ITEM NO: CONF 05

ITEM NO: DPG 04

Clr Rhodes left the Chambers at 9.27 pm.

ITEM NO: CONF 06

THE MEETING CLOSED AT 9.35pm.