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
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.
Nil
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: MAYOR 01FILE NO: 114939.2018 SUBJECT: Thank You for Support Received in the April Bushfires |
On the weekend of 14 April, bushfires threatened homes in Wattle Grove, Holsworthy, Voyager Point and Pleasure Point. The Rural Fire Service, Emergency Service personnel and the Moorebank Sports Club all played a significant role in providing urgent, critical support to our community during this stressful period. The Rural Fire Service were on the ground battling the fire and kept the wider community updated on the surrounding conditions. Emergency Service personnel arrived in Casula on the Saturday afternoon when the first fire started and their work continued throughout the following days. Residents who had to flee their homes sought refuge at the emergency evacuation centre in the Moorebank Sports Club. Our community is deeply relieved to hear that no lives were lost in the fires and we are extremely grateful to all those involved in supporting residents who were affected. Council has organised a ‘Liverpool Says Thank You’ community fun day to properly thank the Rural Fire Service, Emergency Services and volunteers. The event will be held on the afternoon of Sunday 6 May 2018 at Casula Powerhouse Arts Centre with the whole community invited to attend.
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Motion: Moved: Mayor Waller
That Council thank the Rural Fire Service, Emergency Services and the Moorebank Sports Club for their work during the bushfires.
On being put to the meeting the motion was declared CARRIED.
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Chief Executive Officer Report
FILE NO: 100427.2018
SUBJECT: Annual report by Internal Ombudsman
RECOMMENDATION
That Council receives and notes this report and endorses the Internal Ombudsman as an ongoing position.
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Motion: Moved: Clr Harle Seconded: Clr Rhodes
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Clr Hadchiti retired from the meeting at 6.15 pm.
City Community and Culture Report
FILE NO: 064473.2018
SUBJECT: Leisure Centre Management Options Investigation
RECOMMENDATION
That Council receives and notes this report.
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Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Receives and notes this report and postpones this matter for further consideration until a time approximately 12 months prior to the conclusion of the current contract or any option to renew.
2. Further Councillors are to be provided with a report comparing event fees charged by the current management and of comparative neighbouring Councils by the June meeting.
On being put to the meeting the motion was declared CARRIED. |
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:
That Council endorses the funding recommendation of $27,765 (GST exclusive) under the Sustainable Environment Grants Program for the following projects:
That Council endorses the funding recommendation of $21,500 (GST exclusive) under the Community Grants Program for the following projects:
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Motion: Moved: Clr Shelton Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 091159.2018
SUBJECT: Draft Social Justice Policy
RECOMMENDATION
That Council endorse the Draft Social Justice Policy for public exhibition.
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Motion: Moved: Clr Rhodes Seconded: Clr Kaliyanda
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 089816.2018
SUBJECT: Investment Report March 2018
RECOMMENDATION
That Council receives and notes this report.
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Motion: Moved: Clr Shelton Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 080344.2018
SUBJECT: Minutes of the Aboriginal Consultative Committee Meeting held on 1 February 2018.
RECOMMENDATION
That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 1 February 2018.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 083836.2018
SUBJECT: Minutes of the Environment Advisory Committee Meeting held on 20 February 2018
RECOMMENDATION
That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 20 February 2018.
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Motion: Moved: Clr Rhodes Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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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.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 089742.2018
SUBJECT: Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 1 March 2018
RECOMMENDATION
That Council receives and notes the Minutes of the Community Safety and Crime Prevention Committee Meeting held on 1 March 2018.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 093103.2018
SUBJECT: Tourism & Events Committee Meeting of 12 April 2018
RECOMMENDATION
That Council:
1. Receives and notes the Minutes of the Tourism and Events Committee meeting held on 12 April 2018.
2. Endorse the recommendations in the Minutes.
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Motion: Moved: Clr Rhodes Seconded: Clr Harle
That:
1. Council prepare a media release that promotes Liverpool as a health and education precinct with appropriate high resolution photos and sends it to all Council’s available social platforms and also to Tom Wang.
2. Future advertising of Liverpool’s tourism assets be investigated by the incoming Tourism Development Officer, including opportunities for advertising on various platforms or magazines, as well as any probity or governance issues related to advertising in one magazine.
3. Council adjust the Charter to include Harry Hunt as a Community Member if he accepts.
4. Council adjust the Charter so that stakeholders are not required for a quorum. The quorum should be based on the community members.
5. The minutes of the Tourism and Events Committee of 12 April 2018 be corrected to include the following information under Item 7 (presentation from Manager Communications):
“Carol North-Samardzic stated that 2GLF can help Council to communicate events through the multicultural community if Council can provide information at least one week before the event to allow 2GLF time to translate the event to be promoted in the language of the multicultural programs.”
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 094614.2018
SUBJECT: Minutes of the Strategic Panel Meeting held on 9 April 2018
RECOMMENDATION That Council receives and notes the Minutes of the Strategic Panel Meeting held on 9 April 2018.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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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
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FILE NO: 074459.2018
SUBJECT: Draft 4-year Delivery Program and 2018-19 Operational Plan and Budget (including Statement of Revenue Policy)
RECOMMENDATION
That Council:
1. Places the draft 4-year Delivery Program, Operational Plan 2018-19 and Budget (including Revenue Pricing Policy) on exhibition for 28 days.
2. Receives a further report at the June Council meeting after a review of public submissions.
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Motion: Moved: Clr Hadid Seconded: Clr Kaliyanda
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 094352.2018
SUBJECT: Property Acquisition Strategy
RECOMMENDATION
That Council:
1. Adopt the Liverpool City Council Property Acquisition Strategy; and
2. Authorise staff to progress the acquisition of properties as identified in Appendix 1 of the Strategy (as amended from time to time), as funding and resources become available.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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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. 7.
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Motion: Moved: Clr Hadid Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 099658.2018
SUBJECT: Legal Affairs Report
RECOMMENDATION
That Council receives and notes the report concerning the legal affairs of Council.
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Motion: Moved: Clr Ayyad Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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THE MEETING CLOSED AT 6.51pm.
<Signature>
Name: Wendy Waller
Title: Mayor
Date: 30 May 2018
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 26 April 2018. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.