MINUTES OF THE Ordinary Meeting

HELD ON 7 February 2018

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

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

Ms Margaret Diebert, Acting Director City Presentation

Madhu Pudasaini Acting Director City Infrastructure and Environment

The meeting commenced at 6.01pm

OPENING 6.01pm

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

PRAYER OF COUNCIL AND David Clarke from Hoxton Park Anglican Church.

AFFIRMATION TO BE READ BY

NATIONAL ANTHEM The National Anthem was played at the meeting.

Motion: Moved: Clr Hadid Seconded: Clr Rhodes

APOLOGIES Clr Hadchiti

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

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Hagarty

That the minutes of the Ordinary Meeting held on 13 December 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 Shelton declared a non-pecuniary, less than significant interest in the following item:

Item CORP 01: Use of Council Crest by non-Council Entities

Reason: Clr Shelton is a member of the Liverpool and District Historical Society Inc. He does not however hold an office position in that organisation.

Clr Shelton left the Chambers for the duration of this item.

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

Item CORP 01: Use of Council Crest by non-Council Entities

Reason: Clr Rhodes is a member of the Liverpool and District Historical Society Inc.

She does not however hold an office position in that organisation.

Clr Rhodes remained in the Chambers for the duration of this item.

Public Forum

Presentations - items not on agenda

1. Ms Narrelle Garvey addressed the Council on the following matter:

Subdivision Work Operating Hours

2. Ms Kate Woods addressed the Council on the following matter:

Boarding House Policy

3. Ms Naomi Holtring addressed the Council on the following matter:

Shopping Trolleys Littering Our Streets

Representations - items on agenda

1. Ms Emma Eldridge addressed the Council on the following item:

CORP 01 Use of Council Crest by non-Council Entities

City Economy and Growth Report

ITEM NO: EGROW 01

FILE NO: 301088.2017

SUBJECT: Liverpool Development Control Plan 2008 - Part 2.11 Edmondson Park House Keeping Amendment

RECOMMENDATION

That Council:

1. Place the draft amendments to the Liverpool Development Control Plan 2008 – Part 2.11 on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000; and

2. Delegates to the CEO the finalisation of the amended Liverpool Development Control Plan 2008 – Part 2.11 should no submissions be received; or reports back to Council the details of the submissions upon conclusion of the exhibition period.

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: EGROW 02

FILE NO: 356321.2017

SUBJECT: Proposed amendment to the Liverpool Local
Environmental Plan 2008 - Rezoning of land at Carnes Hill Shopping Centre

RECOMMENDATION

That Council:

1. Endorse the planning proposal to amend the Liverpool Local Environmental Plan 2008 to rezone Lot 104 DP 11105443 at Cowpasture Road, Carnes Hill from RE1 – Public Recreation to B2 – Local Centre and forward the proposal to the Department of Planning and Environment for Gateway determination;

2. Subject to Gateway determination, undertake public exhibition and community consultation in accordance with the conditions of the Gateway determination; and

3. Receive a further report on the outcomes of public exhibition and community consultation.

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.

Vote for: Mayor Waller

Clr Ayyad

Clr Balloot

Clr Hadid

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Vote against: Clr Shelton

ITEM NO: EGROW 03

FILE NO: 336045.2017

SUBJECT: 'Easy to do Business' Program - Service Partnership with Service NSW

RECOMMENDATION

That Council:

1. Enters into a business agreement related to the administration of the ‘Easy to do Business’ program with the Chief Executive Officer, Service NSW in accordance with the Service Partnership Agreement as required under the Service NSW (One-stop Access to Government Services) Act 2013 (s7(5)); and

2. Delegates authority to the Chief Executive Officer to sign this agreement on behalf of Council.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda

That Council:

2. Delegates authority to the Chief Executive Officer to sign this agreement on behalf of Council.

3. Ensure that any efficiencies gained does not result in job losses and that those workers are redirected to other tasks.

On being put to the meeting the motion was declared CARRIED

ITEM NO: EGROW 04

FILE NO: 007926.2018

SUBJECT: Street and Park Naming

RECOMMENDATION

That Council:

1. Supports the street and park names noted in this report; and

2. Delegates to the Chief Executive Officer (CEO) to begin the process of gazettal.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Rhodes

That the recommendation be adopted.

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

ITEM NO: EGROW 05

FILE NO: 017115.2018

SUBJECT: Proposed rezoning of certain lands in Prestons for Environmental Conservation

RECOMMENDATION

That Council:

1. Provide in-principle support for the rezoning of Lot 10 DP1003837 and Lot 11 DP1228445 from IN3 – Heavy Industry to E2 – Environmental Conservation; and

2. Delegates to the CEO to prepare a planning proposal and forward it to the Department of Planning and Environment seeking gateway determination.

COUNCIL DECISION

Motion: Moved: Clr Hagarty 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.

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 010892.2018

SUBJECT: 2018 Australian Local Government Women's Association NSW Branch Conference

RECOMMENDATION

That Council nominates delegates to attend the Australian Local Government Women’s NSW Conference to be held in Gundagai from 15 to 17 March 2018.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Harle

Any Councillors and staff across the organisation who wish to attend to advise the CEO by close of business 16 February 2018.

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

City Community and Culture Report

ITEM NO: COM 01

FILE NO: 012673.2018

SUBJECT: Grants, Donations and Corporate Sponsorship

RECOMMENDATION

That Council endorses the funding recommendation for a total amount of $15,000 (GST exclusive) under the Matching Grants Program for the following project:

Applicant	Project	Amount Recommended
Uniting Church in Australia Liverpool	Liverpool Community Kitchen and Hub	$15,000

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Hagarty

That Council:

1. Endorses the funding recommendation for a total amount of $15,000 (GST exclusive) under the Matching Grants Program for the following project:

Applicant	Project	Amount Recommended
Uniting Church in Australia Liverpool	Liverpool Community Kitchen and Hub	$15,000

2. Write to the Uniting Church in Australia Liverpool congratulating them on their delivery of the Community Kitchen and Hub in December.

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

ITEM NO: COM 02

FILE NO: 018381.2018

SUBJECT: Armistice Centenary

RECOMMENDATION

That Council:

1. Endorses the list of proposed activities that will commemorate the Armistice Centenary;

2. Approves the allocation of a $300,000 budget from Council Reserves towards the associated cost of resources to deliver the activities;

3. Write to the Head of Corps, Royal Australian Engineers, requesting that the Royal Australian Engineers exercise their Freedom of Entry to the City of Liverpool in celebration of the Centenary of Armistice; and

4. Write to the Director of the Australian War Memorial requesting that the war medals (including the Victoria Cross) of John Edmondson be placed on display with letters or other objects that can be associated with Edmondson and the impact of the war on the community, in the Liverpool City Library (or other suitable location).

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Harle

That the recommendation be adopted.

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

Clr Shelton left the Chambers at 6.36pm.

City Corporate Report

ITEM NO: CORP 01

FILE NO: 002318.2018

SUBJECT: Use of Council Crest by non-Council Entities

RECOMMENDATION

That Council:

1. Determine what, if any, use of the Crest of Liverpool City may be allowed by third party entities that fall outside of the control of Liverpool City Council; and

2. Confirm that, subject to any specific approval to the contrary, no use of part or all of Council’s logo by third parties outside of Council’s control is to be permitted.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Harle

That Council:

1. Defer the item; and

2. Direct the CEO to organise an information and consultation session on this matter as soon as possible.

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

Committee Reports

ITEM NO: CTTE 01

FILE NO: 331232.2017

SUBJECT: Minutes of the Heritage Advisory Committee meeting of 27 November 2017

RECOMMENDATION

That Council receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 27 November 2017.

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: CTTE 02

FILE NO: 355799.2017

SUBJECT: Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 7 December 2017

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Community Safety and Crime Prevention Committee Meeting held on 7 December 2017; and

2. Notes that there are no recommendations to be endorsed in the Minutes.

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.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 024408.2018

SUBJECT: Australian National Audit Office (ANAO) Intermodal Audit

NOTICE OF MOTION (submitted by Clr Kaliyanda)

That Council publicly supports the Australian National Audit Office’s second audit into Moorebank Intermodal Company.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Rhodes

That the recommendation be adopted.

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

Confidential Items

ITEM NO: CONF 01

FILE NO: 011037.2018

SUBJECT: Tender WT2674 - First Floor Renewal Works at Rosebank Cottage

RECOMMENDATION

That Council:

1. Declines the tender received for WT2674 – First Floor Renewal Works at Rosebank Cottage and in accordance with Section 178(3)(f) of the Local Government (General) Regulation 2005 carries out the requirements of the proposed contract itself;

2. Makes public its decision regarding Tender WT2674 – First Floor Renewal Works at Rosebank Cottage; and

3. 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 Shelton 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.

ITEM NO: CONF 02

FILE NO: 012588.2018

SUBJECT: Tender WT2685 – Design, Supply and Installation of Gross Pollutant Trap (GPT) at Maxwells Avenue, Sadleir

RECOMMENDATION

That Council:

1. Declines the tenders received for WT2685 – Design, Supply and Installation of GPT at Maxwells Avenue, Sadleir in accordance with Section 178(3)(f) of the Local Government (General) Regulation 2005 and carries out the requirements of the proposed contract itself;

2. Makes public its decision regarding Tender WT2685 – Design, Supply and Installation of GPT at Maxwells Avenue, Sadleir; and

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

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 03

FILE NO: 017875.2018

SUBJECT: Tender RCL2519 - Removal and Disposal of Special Waste - Asbestos Waste

RECOMMENDATION

That Council:

1. Offers an extension to the existing contracts until 3 February 2019 for Tender RCL2519 – Removal and Disposal of Special Waste – asbestos waste to the following contractors:

· Affective Services Pty Ltd

· Terra Civil Pty Ltd

· Haines Bros Earthmoving Pty Ltd

· Beasy Pty Ltd

· Ronnies Demolitions Pty Ltd.

2. Notes that the Director Infrastructure and Environment will finalise all details and extend the contract following acceptance by the tenderers of Council’s offer.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Shelton

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 04

FILE NO: 025669.2018

SUBJECT: Bernera Road Extension Project, Edmondson Park - Contracts for Adjustment to Public Utilities

RECOMMENDATION

That Council:

1. Resolves to not seek public tenders for the relocation and adjustment of utilities belonging to Telstra Corporation, NBN Co Limited and Jemena Asset Management Pty Ltd in accordance with Section 55(3)(i) of the Local Government Act 1993, on the basis that extenuating circumstances exist that prevent competitive tenders being able to be called.

2. Notes that the Chief Executive Officer will finalise all details and sign the Letters of Acceptance, giving it contractual effect, in accordance with her delegated authority.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Balloot

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

THE MEETING CLOSED AT 6.43pm

Name: Wendy Waller

Title: Mayor

Date: 28 February 2018

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 7 February 2018. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

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

Public Forum

ITEM NO: EGROW 01

ITEM NO: EGROW 02

ITEM NO: EGROW 03

ITEM NO: EGROW 04

ITEM NO: EGROW 05

ITEM NO: CEO 01

ITEM NO: COM 01

ITEM NO: COM 02

ITEM NO: CORP 01

ITEM NO: CORP 02

ITEM NO: CORP 03

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: NOM 01

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03

ITEM NO: CONF 04