Minutes of Ordinary Meeting

MINUTES OF THE Ordinary Meeting

HELD ON 26 April 2018

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

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 6.00pm

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

PRAYER OF COUNCIL AND John Hall from Open Heaven Church.

AFFIRMATION TO BE READ BY

NATIONAL ANTHEM The National Anthem performed and recorded by Rebekah Ferro.

Motion: Moved: Clr Harle Seconded: Clr Shelton

APOLOGIES Clr Hagarty

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

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Harle Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 28 March 2018 be confirmed as a true record of that meeting.

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

Declarations of Interest

Nil

Public Forum

Presentation – items not on agenda

1. Ms Fiona Macnaught addressed Council on the following matter:

Sale of Lot 6 Newbridge Road, Moorebank.

Representation – items on agenda

Nil

ITEM NO: COM 02

FILE NO: 069963.2018

SUBJECT: Grants, Donations and Corporate Sponsorship

RECOMMENDATION

That Council endorses the funding recommendation of $32,748 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program for the following projects:

Applicant	Project	Recommended
Police Citizens Youth Clubs NSW	Time4Kids	$7,000
Vedic Festival Incorporated	Festival of Chariots	$10,000
Liverpool Women’s Resource Centre	Nite Under the Stars	$5,748
South West Metro Waratahs	Annual Aboriginal Koori Knockout Carnival	$10,000

That Council endorses the funding recommendation of $27,765 (GST exclusive) under the Sustainable Environment Grants Program for the following projects:

Applicant	Project	Recommended
SCRAP	Small Scale Sustainability	$2,100
Bringelly Public School	School Garden	$4,600
All Saints Catholic Primary School	Educational Garden	$3,170
Good Samaritan Catholic College	Think Big, Eat Local	$5,000
Wheels Towards Independence	Gunalung Garden	$5,000
Cartwright Public School	Accessible Garden	$3,400
St Therese Catholic Primary School	Indigenous/Vegetable Garden	$4,495

That Council endorses the funding recommendation of $21,500 (GST exclusive) under the Community Grants Program for the following projects:

Applicant	Project	Recommended
The Junction Works Ltd	Transition to Big School Program	$2,500
Velma's Pets As Therapy	Urgent Pets As Therapy Volunteers for Liverpool Hospital	$4,000
HammondCare	HammondCare Volunteer Art Project	$5,000
The Shepherd Centre	Chime & Shine- Music Therapy for deaf children in Liverpool area	$5,000
Georges River Life Care	ArtsLife Access	$5,000

That Council endorses the funding recommendation of $94,244 (GST exclusive) under the Matching Grants Program for the following projects:

Applicant	Project	Recommended
CNA-Italian Australian Services	ActivAge Care Network	$15,000
P&C Holsworthy High School	Table to Table: Organic Living Skills	$9,400
City of Liverpool Meals on Wheels	Kitchen Automation	$13,700
Liverpool Neighbourhood Connections	Sun Safe/Play Safe	$15,000
Miracle Babies Foundation	NICU Survival Packs	$15,000
Australian Foundation for Disability	Modified Sports Programs for People with a Disability	$11,144
Liverpool Women’s Health Centre	Well-being Retreat Program for Aboriginal Women and their families	$15,000

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.

ITEM NO: CTTE 03

FILE NO: 088555.2018

SUBJECT: Minutes of the Local Traffic Committee Meeting held on 14 March 2018

RECOMMENDATION

That Council adopts the following recommendations as outlined in the attached minutes:

i) Item 1 - Miller Road, Miller – Proposed Linemarking

· Council approves linemarking of separation lines (S1), and 10m ‘BB’ lines at the intersections off Miller Road between Cartwright Avenue and Polwarth Street, as shown in Attachments 1.1 – 1.3.

ii) Item 2 - Edmondson Park Town Centre – Proposed Signs and Linemarking Scheme

· Council approves the revised signs and linemarking scheme.

iii) Item 3 - Campbell Street, Liverpool – Proposed Central Median Island

· Council approves the installation of a 0.5m central median island along Campbell Street, as shown in Attachment 3.1.

· Council submits a revised traffic signal design plan which includes the median island for the Roads and Maritime Services approval, prior to installation.

iv) Item 4 - Armistice Day Parade, Moore Street, Liverpool – Classification of Road Event

· Council approves the Freedom of Entry parade route as shown in Attachment 4.1 for the Armistice Day celebrations.

· Council classifies the event as Class 2.

· Council requests the organisers to submit a Special Event Transport Management Plan to the Roads and Maritime Services for endorsement.

· Council notifies the local bus companies, emergency services and the general public.

v) Item 5 - Ardennes Avenue, Edmondson Park – Proposed Traffic Management

• Council approves a revised interim left in/left out access arrangement to the service station, off Ardennes Avenue, Edmondson Park.

· Council approves the roundabout.

· Council approves an ultimate access arrangement, including the roundabout and a central median island from Camden Valley Way to the roundabout.

vi) Item 6 - Moore Street, Liverpool – Proposed Pedestrian Crossing Facility

· Council approves a pedestrian refuge across Moore Street, Liverpool as shown in Attachment 6.1.

vii) Item 7 - Hume Highway, Casula – Proposed Shared Path

· Council approves the construction of shared user path and installation of associated signs and linemarking as shown in Attachment 7.1.

· Council submits a design plan of a signalised pedestrian/cycle path crossing at the Hume Highway and Kurrajong Road intersection to the Roads and Maritime Services.

viii) Item 8 - Items Approved Under Delegated Authority

· Council notes the traffic facilities approved under the delegated authorities as outlined in the report.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Ayyad

That the recommendation be adopted.

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

Questions with Notice

ITEM NO: QWN 01

FILE NO: 075600.2018

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?

Whilst there is nothing in the Act preventing the review process being undertaken by Council, it is not best practice for the issuing authority to review its own fines. Council has a service level agreement with Revenue NSW (previously State Debt Recovery Office) for a premium processing service which includes reviewing infringements. Revenue NSW provide processing service for over 250 agencies who issue penalty notices.

The Revenue NSW review service provides independence in the review process, at arms-length from infringement issuers. For this reason, Revenue NSW has arrangements in place to conduct reviews on behalf of almost all Councils and government departments. The Review Guidelines applied by Revenue NSW are consistent with the Attorney General’s Guidelines.

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?

The caselaw and legislation that deal with offences against the Environmental Planning and Assessment Act set out who is liable for those offences.

Failure to comply with an Order is an offence, for which every person that is an owner of the property the subject of the Order is separately liable.

Any fine must therefore be issued to all liable parties. The amount of the fine is prescribed by the EP&A regulations and this cannot be reduced in instances where there are multiple liable parties.

However, all penalty infringement notices are subject to independent review by the Local Court. In circumstances where, based on evidence applicable to the particular circumstances, the Court felt that a certain owner should receive relief, that relief can be granted.

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

An Authorised Officer with delegation from the CEO. Authorised Officers include operational staff within the compliance team.

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

The Community Standards department has documented procedures and processes. These processes have been reviewed by Council’s legal team and external law firms / barristers. The procedures are found electronically on Council’s IPlan internet module. Prior to issuing notices/orders and correspondence, the documents are reviewed, checked and co-signed by the Team Leader.

In addition to Council’s legal team review, ICAC investigation officers reviewed Council’s compliance processes in 2016 and found them to be best practice. Recently the Ombudsman’s office also reviewed Council’s processes in relation to a specific complaint and found them to be appropriate.

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?

From 1/7/2016 until 23/3/18, 732 complaints have been received regarding unauthorised works, unauthorised use and non-compliance with development consent. Following investigation of these complaints 265 notices were issued followed by 265 orders.

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?

Since 1 July 2016, Council has appeared in Court on a total of 84 occasions in response to Court-elected Penalty Infringement Notices. This includes all kinds of penalties, including parking fines.

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

Council has been represented by either the Police Prosecutor at first mention of a court elected Penalty Notice, in accordance with the Service Level Agreement between Liverpool City Council and Revenue NSW, or by in-house solicitors at further mentions and hearings. Therefore costs are within Council’s operational budget.

9. What has been the outcome?

The outcome of Council’s Court appearances in the current financial year are listed in Attachment 1 to this response. Building compliance offences are shaded in grey.

Attachment 1: Police Prosecutor Statistics From July 2017 Onwards

DATE	DEFENDANT	OFFENCE	OUTCOME
10 July 2017	Celeste Jane Sakr	Disobey No parking sign	S10(1)(a) Dismissal
10 July 2017	Zachary Ritz	Stop in/on bus/transit/truck lane (not clearway	S10(1)(a) Dismissal
17 July 2017	Erdem Toner	Stop in loading zone longer than 30 minutes	$150.00 Fine
17 July 2017	Jean Luc-Doger Boff	Disobey no parking sign	$100.00- was appealed on annulment- fine reduced to $50 and court fees of $85
17 July 2017	Sa Setu	Park without current ticket displayed	S10(1)(a) Dismissal
17 July 2017	Sladjaha Kupresak	Owner of dog not under effective control in public place	$100 fine
31 July 2017	Allan John Le Couteur	Remain parked in ticket parking area after ticket expired	S10(1)(a) Dismissed
31 July 2017	Israt Jahan	Stop in bus zone in school zone	S10(1)(a) Dismissed
7 August 2017	Subrina Afrin	Disobey No stopping sign	$85.00
4 September 2017	Mohammed Shaheed	Disobey no parking sign (in school zone)	$100.00 fine
4 September 2017	Mario Walter De Avila	Park without current ticket displayed	$108.00
4 September 2017	Simon Jadark	Development not accord consent	S10(1)(a) Dismissal
4 September 2017	Basil Philip Samandar	Double park	S10(1)(a) Dismissal
4 September 2017	309 Epsom Pty Ltd	Fail to comply with conditions of approval	Listed for hearing 4 December 2017
11 September 2017	Janette Claire Peacock	Disobey no parking sign in school zone	S10(1)(a) dismissal
18 September 2017	Stuart Geoffrey McKeown	Fail to comply with Council notice	S10(1)(a) dismissal
25 September 2017	Alex John Paul Morellato	Stop in bus zone in school zone	$150.00 fine
9 October 2017	Darren Brian Champion	Stop on/near pedestrian crossing	$175.00
9 October 2017	Khaled Ghantous	Stop in disabled area not correct ticket displayed	S10(1)(a) Dismissal
16 October 2017	Lech Sapula	Park in ticket parking area not displayed correct ticket as required	$50.00 fine
16 October 2017	Peter Meredith Hunt	Disobey no parking sign in school zone	S10(1)(a) Dismissal
23 October 2017	Ravindra Singh Bondili	Stop within 10 metres of an intersection	S10(1)(a) Dismissal
23 October 2017	Patrick Joseph John Thompson	Park in ticket parking area not displayed correct ticket as required	S10(1)(a) Dismissal
30 October 2017	Hemanth Suryavamshe	Not comply with conditions of approval	S10(1)(a) Dismissed
6 November 2017	Aamir Dharani	Stop in bus zone in school zone	Email sent to PP requesting results
6 November 2017	Rajesh Anil Botre	Disobey No stopping sign	$253.00
6 November 2017	TAT 1 Transport Pty Ltd-	Stop heavy/long vehicle longer than 1 hour	$110.00
20 November 2017	Charles Michael Cuscieri	Disobey No stopping sign in school zone	S10(1)(a) Dismissal
20 November 2017	Elie Elia	Stop in/heavy long vehicle longer than 1 hour (X2 PIN’s)	$250.00 each PIN
20 November 2017	Toufic Lozi	Park in ticket parking area not displayed ticket as required	S10(1)(a) Dismissal
27 November 2017	Wafaa Jeha	Development not accord consent	S10(1)(a) Dismissed
27 November 2017	Thomas Batilo Temploneuvo	Disobey no parking sign in school zone	S10(1)(a) Dismissed
4 December 2017	Abishek Joshi	Park without current ticket displayed
4 December 2017	Franco Lucio Jozak	Disobey no stopping sign
4 December 2017	Salvatore Caridi	Park ion ticket parking area not displayed ticket as required
11 December 2017	Van Khanh Nguyen	Fail to demolish or remove a building	$3,000 penalty imposed
11 December 2017	Rouba Mohammad Souhail Osman	Park without current ticket displayed
18 December 2017	Noor Theal Fadmil	Disobey no stopping sign in school zone
29 January 2018	Bahador Zahrouni	Stop in loading zone
29 January 2018	Leroy William Grantham	(Owner) Transport waste unlawfully
29 January 2018	Loretta Choukeir	Disobey no stopping sign
29 January 2018	Nicholas Effendi	Disobey no stopping sign

ITEM NO: CONF 02

FILE NO: 096300.2018

SUBJECT: Liverpool City Council Property Development - Proposed Governance Structure to Progress Strategic Projects

RECOMMENDATION

That Council:

1. Receive and endorse the proposal to develop or redevelop various Council-owned sites in the Liverpool CBD as identified in the report of staff;

2. Progress the establishment of the governance structure as proposed in the report of staff, to facilitate such development and redevelopment;

3. That Council proceeds with a pre-market testing, pre‑application process (Pre-EOI) to seek interest from the market, by way of a very short form expression of interest, in relation to a proposed Public Private Partnership (PPP) for the proposed Initial Projects as identified in the report of staff;

4. Subject to the outcomes of the Pre-EOI being reported back to Council, that Council undertakes the actions and processes required to establish a PPP under the Local Government Act 1993 (Act) and the Public Private Partnership Guidelines issued by the Office of Local Government, and thereafter proceeds with the Initial Projects as a PPP, in accordance with the provisions of the Act;

5. That Council writes to the Office of Local Government advising them of the Initial Projects and the proposed EOI and noting that:

A. While this stage is a Pre-EOI, the Initial Projects may ultimately be in the form of a PPP with Council and should the Initial Projects proceed beyond the Pre-EOI, any future PPP will be prepared and implemented in accordance with the provisions of the Local Government Amendment (Public Private Partnerships) Act 2004 and the Local Government (General) Regulation 2005;

B. Council intends to submit a report that responds to the requirements of the:

1. Office of Local Government Capital Expenditure Guidelines, 2010; and

2. Guidelines on the Procedures and Processes to be followed by Local Government in Public-Private Partnerships dated 1 September 2005 (OLG PPP Guidelines); and

6. Keeps confidential the content of this report and attachments in accordance with the provisions of s.10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom Council proposes to conduct business.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Ayyad

That the recommendation be adopted.

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

ITEM NO: MAYOR 01