1

 

 

 

 

MINUTES OF THE Ordinary Meeting

HELD ON 28 March 2018

 

 

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

Ms Margaret Diebert, Acting Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

 

 

The meeting commenced at 6.00pm.

 

 

OPENING                                                  6.04pm.

 

ACKNOWLEDGMENT OF COUNTRY,          The Prayer of the Council was read by

PRAYER OF COUNCIL AND                 Reverend Bruce Hammonds from Liverpool

AFFIRMATION TO BE READ BY                    Presbyterian Church.

 

NATIONAL ANTHEM                              The National Anthem was played at the meeting.

APOLOGIES                                             Nil             

CONDOLENCES                                      Nil

 


 

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Ayyad

Confirmation of Minutes

 

That the minutes of the Ordinary Meeting held on 28 February 2018 be confirmed as a true
record of that meeting subject to the following change:

That the voting record for NOM 02 Proposed Nulon Facility (as shown on page 13 of those minutes) be corrected to show that Clr Hadid had voted against the motion.

 

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

Declarations of Interest

Nil.

Public Forum

Presentation – items not on agenda    

 

1.    Ms Donna Beales addressed Council on the following matter:

 

J.J. Richards & Sons Council Contract.

 

2.    Mr Michael Andjelkovic addressed Council on the following matter:

 

Parking at Edmondson Park Train Station

 

Representation – items on agenda

 

1.    Ms Criss Moore addressed Council on the following item:

 

NOM 02 Problem Gambling

 

2.    Mrs Pat Hall addressed Council on the following item:

 

CTTE 04 Minutes of the Civic Advisory Committee Meeting held 6 March 2018

 

3.    Mr Saman Al-Zohairy addressed Council on the following item:

 

CTTE 01 Minutes of the Heritage Advisory Committee meeting held on 5 February 2018


 

City Economy and Growth Report

 

ITEM NO:       EGROW 01

FILE NO:        351140.2017

SUBJECT:     Liverpool Local Environmental Plan 2008 - Draft Amendment 68 (Reclassification of Community Land and rezoning of Part Lot 1001 DP 1006332)

 

RECOMMENDATION

 

That Council:

 

1.    Note the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 68) and the results of the public exhibition and community consultation;

 

2.    Support the making of Amendment 68 and forward the planning proposal and supporting documentation to the Department of Planning and Environment for finalisation; and

 

3.    Advise those who attended the public hearing and made a submission of Council’s decision.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

 

That Council:

 

1.    Note the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 68) and the results of the public exhibition and community consultation;

 

2.    Support the making of Amendment 68 and forward the planning proposal and supporting documentation to the Department of Planning and Environment for finalisation;

 

3.    Advise those who attended the public hearing and made a submission of Council’s decision; and

 

4.    Disavows the so-called land rationalisation strategy referred to on page 111 of the Council agenda.


 

Amendment:                         Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council:

 

1.    Note the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 68) and the results of the public exhibition and community consultation;

 

2.    Support the making of Amendment 68 (with the exception of 6 Moore Street, Liverpool which is to be considered at a later date) and forward the planning proposal and supporting documentation to the Department of Planning and Environment for finalisation;

 

3.    Advise those who attended the public hearing and made a submission of Council’s decision; and

 

4.    Disavows the so-called land rationalisation strategy referred to on page 111 of the Council agenda.

 

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

 

Vote for:             Clr Harle                       

                             Clr Rhodes

 

Vote against:     Mayor Waller

                            Clr Ayyad            

                            Clr Balloot

                            Clr Hadchiti

                            Clr Hadid

                            Clr Hagarty

                            Clr Kaliyanda                

                            Clr Karnib

                            Clr Shelton

The Motion (moved by Clr Shelton) was then voted on and was declared CARRIED.

Vote for:             Mayor Waller

                            Clr Ayyad            

                            Clr Balloot

                            Clr Hadchiti

                            Clr Hadid

                            Clr Hagarty

                            Clr Kaliyanda                

                            Clr Karnib

                            Clr Shelton

 

Vote against:      Clr Harle                       

                            Clr Rhodes


 

ITEM NO:       EGROW 02

FILE NO:        357717.2017

SUBJECT:     Proposed Austral Street Names

 

RECOMMENDATION

 

That Council:

 

1.    Support the street 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 Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.      Support the street names noted in this report with the exception of the following:

 

·      Messina Avenue to replace Aroona Avenue; and

·      Antonio Avenue to replace Tammarin Rock Avenue.

 

2.      The names removed be used in other areas where possible.

 

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

 


 

ITEM NO:       EGROW 03

FILE NO:        065466.2018

SUBJECT:     Intermodal Committee Recommendations from February 2018 meeting

 

RECOMMENDATION

 

That Council determines whether or not to allocate approximately $4000 of the existing Intermodal budget to fund a mail out to local residents in areas surrounding the proposed Intermodal.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Kaliyanda

 

That Council allocates approximately $4,000 of the existing Intermodal budget to fund a mail out to local residents in areas surrounding the proposed Intermodal.

 

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

 


 

Chief Executive Officer Report

 

ITEM NO:       CEO 01

FILE NO:        059661.2018

SUBJECT:     Review of Internal Ombudsman Policy

 

RECOMMENDATION

 

That Council adopt the amended Internal Ombudsman Policy, as attached to this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 


 

ITEM NO:       CEO 02

FILE NO:        065239.2018

SUBJECT:     2018 National General Assembly of Local Government

 

RECOMMENDATION

 

That Council:

 

1.     Nominates delegates to attend the 2018 National General Assembly of Local Government to be held in Canberra from Sunday 17 June – Wednesday 20 June 2018; and

 

2.     Determines whether to submit any motions, concerning the theme of “Australia’s future: make it local”, for debate at the National General Assembly.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.        Nominates delegates to attend the 2018 National General Assembly of Local Government to be held in Canberra from Sunday 17 June – Wednesday 20 June 2018;

 

2.        Determines whether to submit any motions, concerning the theme of “Australia’s future: make it local”, for debate at the National General Assembly; and  

 

3.        Interested Councillors who wish to attend to advise the CEO’s office.

 

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

 

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Rhodes

 

That any suitable motions as supported by this Council be forwarded to the National General Assembly for their agenda, noting the deadline for motions to be submitted is 30 March 2018.

 

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

 


 

City Community and Culture Report

 

ITEM NO:       COM 01

FILE NO:        065420.2018

SUBJECT:     Community Development and Planning Charters

 

RECOMMENDATION

 

That Council:

 

1.   Receives and adopts the updated Liverpool Access Committee Charter;

 

2.   Receives and adopts the updated Liverpool Community Safety and Crime Prevention Advisory Committee Charter; and

 

3.   Receives and adopts the updated Aboriginal Consultative Committee Charter.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

 

That Council:

 

1.    Receives and adopts the updated Liverpool Access Committee Charter;

 

2.    Receives and adopts the updated Liverpool Community Safety and Crime Prevention Advisory Committee Charter; and

 

3.    Receives and adopts the updated Aboriginal Consultative Committee Charter with the

exception that any references of the Aboriginal Consultative Committee being chaired by a person who is not of Aboriginal descent be deleted.

 

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

 


11

 

City Corporate Report

 

ITEM NO:       CORP 01

FILE NO:        045148.2018

SUBJECT:     Investment Report February 2018

 

RECOMMENDATION

 

That Council receives and notes this report.

 

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.

 


11

 

Committee Reports

 

ITEM NO:       CTTE 01

FILE NO:        056922.2018

SUBJECT:     Minutes of the Heritage Advisory Committee meeting held on 5 February 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 5 February 2018; and

 

2.      Notes that the potential heritage significance of 9 Mill Road will be considered during the assessment of DA-563/2017.

 

Mayor Waller adjourned the meeting at 7.04pm for a 5 minute recess.

 

Mayor Waller reopened the meeting at 7.09pm. 

 

Clr Kaliyanda and Clr Karnib were not in the Chambers when the meeting resumed.

Clr Kaliyana and Clr Karnib returned to the Chambers at 7.10pm.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.         Receives and notes the Minutes of the Heritage Advisory Committee Meeting held on 5 February 2018; and

 

2.         Direct the CEO not to issue an interim heritage order in relation to 9 and 11 Mill Road.

 

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


 

 

Vote for:             Mayor Waller

                            Clr Ayyad

                            Clr Balloot

                            Clr Hadchiti

                            Clr Hadid

                            Clr Hagarty

                            Clr Harle    

                            Clr Kaliyanda

                            Clr Karnib

                            Clr Rhodes

 

Vote against:      Clr Shelton

 


13

 

ITEM NO:       CTTE 02

FILE NO:        060593.2018

SUBJECT:     Minutes of the Liverpool Youth Council Committee Meeting held 14 February 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool Youth Council Meeting held on 14 February 2018; and

 

2.    Endorse the recommendations in the Minutes.

 

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.

 


15

 

ITEM NO:       CTTE 03

FILE NO:        065536.2018

SUBJECT:     Minutes of the Audit, Risk and Improvement Committee Meeting held on 9 February 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 9 February 2018; and

 

2.    Endorses the recommendations in the Minutes.

 

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.

 


15

 

ITEM NO:       CTTE 04

FILE NO:        066812.2018

SUBJECT:     Minutes of the Civic Advisory Committee Meeting held 6 March 2018 

 

RECOMMENDATION

 

That Council;

 

1.   Receives and adopts the minutes of the Civic Advisory Committee Meeting held on 6 March 2018; and

 

2.   Endorses the Committee’s recommendation as contained in the minutes for Liverpool Neighbourhood Connections to be the recipient of the funds raised from the 2018 Liverpool City Council Charity Ball.  

 

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.

 


17

 

ITEM NO:       CTTE 05

FILE NO:        070704.2018

SUBJECT:     Minutes of Budget Review Panel 22 February 2018

 

RECOMMENDATION

 

That Council adopts the minutes of the Budget Review Panel meeting held on 22 February 2018.

 

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.

 


17

 

Questions with Notice

 

ITEM NO:       QWN 01

FILE NO:        060952.2018

SUBJECT:     Question with Notice - Clr Kaliyanda

 

Please address the following:

 

1.      Have the merits of extending the operating hours of Liverpool City Library and Carnes Hill Library during the Higher School Certificate trial exam and final exam previously been considered?

 

·           The library has looked at an increase in opening hours amongst a range of other service improvements to assist Liverpool students with the HSC.

 

·           The HSC programs began last year and this year will include:

o   Master Essay Writing (Feb) - completed

o   HSC half year revision: English (Apr) – Carnes Hill Library

o   HSC half year revision: General 2 (Apr) – Carnes Hill Library

o   HSC half year revision: Advanced mathematics (Apr) – Carnes Hill Library

o   Mock Trials: English Paper 1 (Jul) – Liverpool City Library

o   Mock Trials: English Paper 2 (Jul) – Liverpool City Library

o   Mock Trials: General Maths (Jul) – Liverpool City Library

o   Mock Trials: Advanced Maths (Jul) – Liverpool City Library

o   Last Minute to Band 6 HSC Talk (Aug) – Carnes Hill Library

o   HSCram – in partnership with University of Sydney (Oct - unplanned) – Liverpool City Library

o   Succeeding in the HSC (Dec – unplanned) – Carnes Hill Library

 

·           Our HSC services also include access to online study resources available to Library members at home including HSC Study Lab.

 

·           We are also developing a partnership with University of Sydney through their Widening Participation and Outreach Program which will deliver additional support to high school students for their studies through study support programs at Liverpool Library and access to Studiosity (online homework and study support).

 

·           Western Sydney University (WSU) Campus Library is also available to the public as a quite study space. It is however fairly small, and there is no access to other library services.

 

 

 Opening hours

During Session (includes
Intra-Session break)

Inter-Session Break
(includes Summer Session)

Mon - Thu

8:00 am - 9:00 pm

8:30 am - 6:00 pm

Fri

8:00 am - 7:00 pm

8.30 am - 5.30 pm

Sat (until Apr 29)

12:30 pm - 4:30 pm

12:30 pm - 4:30 pm

Sun

12:30 pm - 4:30 pm

CLOSED

 

The weekend opening hours will be extending from May, from 9.30am-4.30pm Saturday and Sunday.

 

2.      If so, what are the findings of any investigation or study carried out?

 

·           That on a financial basis the programing mentioned above was better value for Council. The programs listed above have a budget of $8200.

 

·           Low staffing levels and a lack of casuals would make staffing the extra hours very difficult.

 

3.      What are the financial/budget implications of extending the opening hours of both libraries to 9am – 8.30pm, Monday – Sunday during the HSC period (mid-September to mid-November)?

 

·           Over a nine week period this would involve Liverpool Library being open an additional 110 hrs and Carnes Hill Library 191hrs for a total of 301 hours.

 

·           The vast majority of these hours would need to be paid as overtime and each branch would require a minimum of three (3) staff for safety as well as service requirements. This would equal 903 staff hours at overtime or casual loading.

 

·           At least one staff member would need to be a Grade 10 or above and the remaining two could be Grade 5 or a Grade 5 casual. This would however depend on staff availability and willingness to work and could require higher grade staff being the only people available.

 

·           Staff costs are estimated to be in the vicinity of $56K to $60K+ not including the administrative time to set this up e.g. additional rostering, promotions etc

 

·           Other ancillary costs would include increased security costs and utilities costs.

 

4.      What timeframe and process would be required to make these changes to the opening hours of these two highly patronised libraries?

 

·           Roster would require rewriting and negotiation with staff conducted.

·           Air-conditioning, alarms and any other computerised functions would need adjustment.

·           Promotion conducted.

·           Security contract extra hours organised.

·           Business case to finance for the extra overtime and casual funds created and approved.

·           Timeframe would be within two months.

 

Alternative Extension of Hours

 

1.    Change the late closing of Green Valley Library from Tuesday and Thursday (currently shared with Carnes Hill, Casula and Moorebank Libraries) to Monday and Wednesday.

 

·           This would mean that from Monday to Thursday there would be 2 libraries in the network (including Liverpool) open to 8pm.

 

·           There are no financial implications.

 

2.    Open Carnes Hill Library till 8pm Monday to Friday rather than the current 5pm close Monday Wednesday and Friday.

 

·           With the above change to Green Valley Library this would allow the Liverpool network to have 3 libraries open till 8pm most nights a week.

 

·           Over a 9 week HSC period this would cost Council approximately $15K to $17K on the basis this would be overtime and casual hours.

 

·           This could also act as a trial for Carnes Hill Library to be permanently open till 8pm Monday to Friday as it is an opportunity to gauge community interest.

 


21

 

ITEM NO:       QWN 02

FILE NO:        075495.2018

SUBJECT:     Question with Notice - Clr Hadchiti

 

Please address the following:

 

1.    The SDRO currently reviews (if requested) and collects infringements that Council Officers issue. 

Is there anything in the Act that states that this process needs to be undertaken by the SDRO, or does Council have the option to take over this process?

 

2.    Where two properties commit the exact same offence in relation to a compliance issue the total dollar amount of the infringement issued could vary as a whole depending on how many owners each property has.

For example Property A has one owner so is issued 1x$3,000 fine.  Property B has 4 owners so is issued 4x$3,000 fines. Is there anything in the Act that prevents Council from only issuing one Infringement instead of four, or a total amount divided by the number of owners?

 

3.    Who has the authority within Council to issue an Order in relation to compliance?

 

4.    What review processes are in place to ensure that if an order is issued it is issued correctly?

 

5.    How many Notices of Proposed Order have been issued since 1/07/2016 and how many of these have followed through into the order being issued?

 

6.    What was the total amount collected for each year from infringement revenue in the 2015/2016 & 2016/2017 financial years? What is the YTD figure for the 2017/2018 financial year?

 

7.    How many appearances has Council had to make in Court defending an infringement that has been challenged since 1/07/2016?

 

8.    What has the estimated cost been for Council to attend and what has been the outcome?

 

A response to these Questions with Notice will be provided in the April 2018 Business Papers.

  


21

 

Notices of Motion

 

ITEM NO:       NOM 01

FILE NO:        067411.2018

SUBJECT:     CBD Committee

 

BACKGROUND

 

At Council’s ordinary meeting held 13 December 2017 a CBD Committee was established with relevant stakeholders, community representatives and the Charter for that committee was endorsed.

 

Liverpool Police Area Command, as they are now known since the merger with Green Valley, have approached me to request a seat at the table on that committee.

 

They propose that their Crime Prevention Officer will be the representative.

 

Given the Police are a major stakeholder it is fitting that the charter is updated to accommodate this request.

 

NOTICE OF MOTION (Submitted by Councillor Hadchiti)

 

That Council:

 

1.   Endorse a change to the CBD Committee charter as to allow Liverpool Police Area Command to be a stake holder; and

 

2.   Notify Liverpool Police Area Command of this update.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Harle 

 

That Council receive and note the Chief Executive Officer’s comment to the Notice of Motion, as shown below:

 

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

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Council welcomes the opportunity to work with NSW Police on the CBD Committee.  The current charter will allow for the inclusion of NSW Police on the Committee and therefore will not require updating.  Council will contact NSW Police, Liverpool Local Area Commander to invite a representative to participate as a member of the Committee.


27

Clr Rhodes left the Chambers at 7.22pm.

 

ITEM NO:       NOM 02

FILE NO:        075768.2018

SUBJECT:     Problem Gambling

 

BACKGROUND

 

Earlier this month the State Government passed changes to the regulation of gaming machines in hotels and clubs. The changes will see assessments move from the current LGA level to the smaller Statistical Area 2 (SA2) level. Significantly, each SA2 is assigned a score based on Socio-Economic Indexes for Area (SEIFA), gaming machine expenditure per capita and number of gaming machines per capita. Each SA2 is then allocated to bands, where:

        Band 3 – 20% of SA2s with highest levels of socio-economic disadvantage (high risk). Areas in this band would have level of poker machines capped at current levels. 

        Band 2 – 30% of SA2s with moderate levels of socio-economic disadvantage (medium risk). Areas in this band would have scope for more poker machines to be approved.

        Band 1 – 50% of SA2s with lower levels of socio-economic disadvantage (low risk). Areas in this band would be “free for all” for approval of extra poker machines.

 

Liverpool is made up of approximately a dozen SA2s. According to information on the Liquor and Gaming website, hotels and clubs will now be allowed to move gaming machines from neighbouring SA2s regardless of whether they lie in the same LGA or not. As per current legislation, the changes continue to allow machines to be moved within an LGA. Under these new arrangements Liverpool is faced with the scenario of poker machines being moved into the CBD from neighbouring areas in the Fairfield LGA such as Cabramatta and Mount Pritchard, an area that now has a cap of the number of gaming machines. Once in the Liverpool CBD these machines can then be moved anywhere in the LGA.

 

Curiously, applications for an increased number of machines in SA2s branded as either Band 1 or 2 can be made without a Local Impact Assessment if the machines are from within the same LGA. These applications are then assessed by the Department, potentially without any input by the local community.

 

In 2010, a Productivity Commission Report highlighted the link between regular use of electronic gaming or poker machines (EGMs) and high problem gambling prevalence rates. Problem gambling has been found to have the following impacts:

        financial harm

        relationship breakdown, conflict or disruption

        emotional of psychological distress

        deconditioning of health

        cultural harm

        reduced performance at work/study

        criminal activity

 

For every person that experiences harm from problem gambling, approximately 5-10 others are impacted, including children. This does not consider full-lifetime impacts of gambling harm or the impacts of less severe problem gambling (Department of Social Services, 2017). 

The availability of gambling machines in the community, also called accessibility, is often linked to problem gambling (Vasiliadis et al, 2013). The Liverpool Local Government Area (LGA) ranks in the top 10 LGAs of losses per poker machine in NSW, with each machine causing approximately $87,305 in losses (Alliance for Gambling Reform, 2017).

 

At the moment, the views of local communities and local governments are routinely ignored when it comes to the placement of poker machines. Local government should have the ability to meaningfully represent residents and have a genuine say on where poker machines are to be located.

 

In late 2016, following an extended community and legal campaign by local residents and Liverpool Council, the Land and Environment Court rejected a proposal for a pub in Casula with fifteen poker machine licences due to the risk of adverse social impacts that it would have on the area. This is despite the existing Gaming Machines Act requiring that no new venue should be located close to a school. Therefore, what should have been a straightforward case for the application to be denied if the Act was being followed, required significant community and Council resources to be expended to fight for a fair and logical outcome.

 

The changes to the regulations threaten the health and wellbeing of our residents, especially younger residents who are at greatest risk.

 

NOTICE OF MOTION (Submitted by Councillor Kaliyanda)

That Council:

 

1.   Directs the CEO to write to Liquor and Gaming NSW and the relevant Minister to advocate for local governments to have a greater say in the placement of poker machines;

 

2.   Reflect this position when reviewing and making comment on liquor license and gaming machine applications as per section 6.4.2 of the Social Impact Assessment Policy;

 

3.   Set up a register to track the number and location of poker machines within the LGA, and make this information publicly available via the website;

 

4.   Advise residents via social media, the website, and letter, as per the Notification Policy, of applications to transfer or add poker machine numbers in the LGA; and

 

5.   Provide Councillors with quarterly reporting on the number of poker machines in the LGA, in line with section 6.4.5 of the Social Impact Assessment Policy.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hagarty

 

That the recommendation be adopted.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.       Receives and notes the Chief Executive Officer’s comment to the Notice of Motion (as shown below);

2.       As part of the minutes includes the Hansard transcripts relating to the Liquor and Gaming Legislation Amendment Bill 2018 and associated Bills; and

3.       Notes it will be given double the amount of time to develop submissions with consultation periods increasing from 30 days to 60 days which includes Council’s ability to nominate local service providers to be consulted as part of any Local Impact Assessment (LIA). 

 

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

 

Division called on the Motion (moved by Clr Kaliyanda):       

 

Vote for:             Mayor Waller

                             Clr Hagarty

                             Clr Kaliyanda

                             Clr Karnib

                             Clr Shelton


 

 

Vote against:     Clr Ayyad

                            Clr Balloot

Clr Hadchiti

                            Clr Hadid

Clr Harle

 

Note: The motion was carried on the Mayor’s casting vote.

 

Note: Clr Rhodes was not in the Chambers when this item was voted on.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

1.    Council submitted a letter to then Premier, Mike Baird in December 2014, outlining concerns around the impact of gambling in the Liverpool LGA, and how reforms to gaming legislation should include appropriate planning powers and compulsory consultation with local Councils on the placement and distribution of Electronic Gaming Machines (EGMs) in the LGA.  The letter stated:

“In order for Liverpool City Council to properly address this important social issue we request that you take the following actions:

 

1.      Repeal Section 209 of the NSW Gaming Machines Act 2001 that precludes councils from considering the social impact of EGMs on local communities when determining development applications and related matters; and

 

2.      Provide planning powers to local government (the closest tier of government to the community) to consider and determine all aspects of the provision of EGMs and other gambling devices in their respective local government areas.”

 

The Premier’s office referred Council’s letter to the relevant Minister, who did not respond. Council’s Community Planning team currently provide comment on applications in relation to the placement of gaming machines in venues in the Liverpool LGA, particularly where Class 1 Local Impact Assessments (LIA) are required. These are submitted for consideration by the Independent Liquor & Gaming Authority (ILGA) as the determining authority for liquor and gaming applications in NSW.

 

2.    The existing legislation requires that venues consult with Council on liquor licensing and gaming machine applications.   Recent reforms to the Gaming Machines Act  that came into effect on 15 March 2018 improve the community consultation mechanisms and transparency of the application process. Key reforms include:

 

·      Caps on machine numbers

·      Changes to the Local Impact Assessment scheme

·      Greater weight given to the socio-economic factors in local communities when assessing applications for extra machines

·      Greater number of agencies and organisations consulted on applications

·      Longer consultation periods - change from 30 to 60 days

·      A newly reconstituted Responsible Gambling Fund will manage a centralised fund for contributions from venues seeking gaming machine increases

·      Detailed statistics on gaming machines activity in every NSW LGA will be accessible on the L&G NSW website for free and updated every six months, which will detail numbers of machines, net profits and rankings of net profits for all NSW venues.

 

More information is available on the attached infographic on Gaming Machine Reforms.

 

Consideration of the placement and density of existing EGMs informs any comment the Community Planning team provide in relation to new applications for EGMs in Liverpool venues.

 

3.    Liquor and Gaming NSW (L&GNSW) maintains the Liquor and Gaming Application Noticeboard that provides a search function whereby any interested party can search the name, licensee, or license type of a venue to learn the type of license held by said venue. This licensing information includes the number of EGMs a venue is licensed to hold. The noticeboard lists all current liquor and gaming applications and associated LIAs submitted by applicants. Anyone who wishes to make a submission may do so directly to OLGA via the noticeboard. Additionally, the L&GNSW publishes separately a list of pending LIAs directly related to gaming machine applications. A Council register of the number of EGMs in the LGA would be a duplication of this function of the L&GNSW.

 

4.    Unless an application has the potential for major impact on the community (such as the Casula Hotel application), it is not Council’s current policy to encourage other parties to comment on Development Applications. Such a process is likely to be time consuming and resource intensive to Council. As this is not currently part of Council’s assessment processes for other forms of DAs and liquor and gaming license applications, doing so in the case of EGMs would prove difficult to initiate and time consuming to maintain.

 

5.    Currently quarterly statistics on the number of EGMs located within an LGA can be sourced from L&GNSW. This information is available to councils, organisations and individuals who seek it, and will be provided for a fee of $150.00 per occasion. L&GNSW advises that information is made available through this service from 25 days after the end of the previous quarter, and can be obtained via email using an online application form. The report can contain de-identified information on turnover, net profit, tax, number of authorised gaming machines and number of licensed premises by LGA. The L&GNSW website also contains an interactive map, which provides a suburb-by-suburb breakdown of the maximum number of EGMs allowed per suburb. This service does not provide the current number of EGMs in the suburb, rather the maximum number permitted.

 

As previously mentioned, the legislative reforms will enable more detailed statistical data to be made available to the public free of charge.  

 

For further information attached are the following fact sheets:

·         Gaming Machine Reforms Flowchart

·         Gaming Machine Reforms Process Flowchart – Class 1 LIA

·         Local Impact Assessment scheme overview

·         How to prepare a submission for a gaming application with a Local Impact Assessment (LIA).

 


29

Clr Rhodes returned to the Chambers at 7.30pm.

Clr Kaliyanda left the Chambers at 7.40pm.

Clr Kaliyanda returned to the Chambers at 7.42pm.

 

ITEM NO:       NOM 03

FILE NO:        076074.2018

SUBJECT:     Macquarie Mall Smoking

 

BACKGROUND

 

Complaints and objections to Council by shopkeepers, patrons, visitors and others who frequent Macquarie Mall as to the prevalence of smoking in the Mall are starting to reach a tipping point. While such complaints and objections have been made frequently in the past and are hardly new the degree of concern has in recent times reached a new level. The past shows any government body seeking to be proactive in this area has needed to show determination and courage, and given Liverpool Council's limited legal powers and financial resources this is just as applicable to any future action that might taken in the Mall.

 

NOTICE OF MOTION (Submitted by Councillor Shelton)

 

That Council obtains a report for a future briefing session as to the following:

 

1.   The extent of Council's legal powers to police and regulate smoking in Macquarie Mall;

 

2.   The extent of Council's existing resources, financial or otherwise, to police and regulate smoking in Macquarie Mall;

 

3.   Options (and any attendant issues) as to how smoking in Macquarie Mall might in the future be regulated and policed; and

 

4.   Any other matter staff may feel is relevant.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

 

That Council obtains a report for a future briefing session as to the following:

 

1.       The extent of Council's legal powers to police and regulate smoking in Macquarie Mall;

 

2.       The extent of Council's existing resources, financial or otherwise, to police and regulate smoking in Macquarie Mall;

 

3.       Options (and any attendant issues) as to how smoking in Macquarie Mall might in the future be regulated and policed;

 

4.       Any other matter staff may feel is relevant;

 

5.       Gather some information from the business owners on their views on the issue;

 

6.       That the matter and the substance of this motion be referred to the CBD Committee for their consideration; and

 

7.       That a survey for all residents be included in Liverpool Listens.

 

Foreshadowed motion:       Moved: Clr Ayyad                Seconded: Clr Hadchiti

 

That Council:

 

1.       Gather some information from the business owners on their views on the issue with a report to come back to the June Council meeting;

 

2.       That the matter and the substance of this motion be referred to the CBD Committee for their consideration; and

 

3.       Include a survey for all residents in Liverpool Listens.

 

On being put to the meeting the motion was declared CARRIED and the Foreshadowed Motion therefore lapsed.

 

Division called on the Motion (moved by Clr Shelton):

 

Vote for:                Mayor Waller

                               Clr Hagarty

                               Clr Harle

                               Clr Kaliyanda

                               Clr Karnib

                               Clr Rhodes

                               Clr Shelton

 

Vote against:        Clr Ayyad

                               Clr Balloot

                               Clr Hadchiti

                        Clr Hadid

 


31

 

ITEM NO:       NOM 04

FILE NO:        076154.2018

SUBJECT:     Early Childhood Development

 

BACKGROUND

 

Liverpool City Council is a highly respected provider of early childhood development services including as an operator of six Early Education and Care Centres and one Pre-School. A CBD facility has also been under consideration. Council's services to the community in this regard have received many awards for attainments in quality and generally set the benchmark by which other providers are judged. These services are operated on a break even basis and community demand for early childhood development services of the highest calibre remains high. The programs in each centre provide a range of planned and spontaneous learning experiences for the young, and curriculum planning is based on the National Early Years Learning Framework. Given the high degree of community satisfaction with these Council provided services, the growing demand for such services, the expected increases in and movement of population especially in terms of the growth of high rise living and Council's achievements generally in the area of early childhood development, the following motion is suggested.

 

NOTICE OF MOTION (Submitted by Councillor Shelton)

That Council receive a report at a future briefing session dealing with the following:

1.   Projected future demand for early childhood development services from Council both generally and as to particular regions within the LGA;

2.   Projected future demand for early childhood development services from other providers both generally and as to particular regions within the LGA;

3.   The extent to which strategies are in place or are being developed to address such changes in demand;

4.   Any relevant anticipated changes to the regulatory environment in which Council operates in this regard;

5.   The extent to which such services are available for children with special needs in the LGA; and

6.   The suitability and availability of present (and likely future) accommodation for such services.

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

A.     That Council receive a report at a future briefing session dealing with the following:

1.    Projected future demand for early childhood development services from Council both generally and as to particular regions within the LGA;

2.    Projected future demand for early childhood development services from other providers both generally and as to particular regions within the LGA;

3.    The extent to which strategies are in place or are being developed to address such changes in demand;

4.    Any relevant anticipated changes to the regulatory environment in which Council operates in this regard;

5.    The extent to which such services are available for children with special needs in the LGA; and

6.    The suitability and availability of present (and likely future) accommodation for such services.

B.     Council also notes the comments of the Chief Executive Officer to the Notice of Motion, as shown below:

 

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

 

Chief executive officer’s comment

 

The CEO will bring forward a report at a future briefing session that addresses the issues raised within the motion.

 


33

Clr Ayyad left the Chambers at 7.52 pm.

 

Confidential Items

ITEM NO:       CONF 01

FILE NO:        005645.2018

SUBJECT:     RCL2662 - Contaminated Land Management Consultancy Services

 

RECOMMENDATION

 

That Council: 

 

1.    Accepts the Tender from the contractors listed in below for Tender RCL2662 - Contaminated Land Management Consultancy Services as an open panel for an initial period of three years, with a two x 12 months extension option at prices submitted under the schedule of rates:

·         Arcadis Australia Pacific Pty Ltd;

·         WSP Australia Pty Ltd;

·         Glaeba (02) Pty Ltd T/A Environmental Earth Sciences;

·         EP Risk Management Pty Ltd;

·         GHD Pty Ltd; and

·         Site Environmental & Remediation Services Pty Ltd.

 

2.    Makes public its decision regarding Tender RCL2662 Contaminated Land Management Consultancy Services;

 

3.    Notes that the Director Infrastructure and Environment will finalise all details and sign the Letter of Acceptance for the tender, giving it contractual effect, in accordance with delegated authority; and

 

4.    Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

Note: Clr Ayyad was not in the Chambers when this item was voted on.


 

 

THE MEETING CLOSED AT 7.52pm.

 

 

<Signature>

Name: Wendy Waller

Title:     Mayor

Date:     26 April 2018

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  28 March 2018. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.