MINUTES OF THE Ordinary Meeting

HELD ON 26 September 2018

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti (arrived at 6.24pm)

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

Ms Tina Sangiuliano, Acting Director City Community and Culture

Dr Eddie Jackson, Director City Deal

Mr David Brodie, 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 Pastor

PRAYER OF COUNCIL AND Steve Riethmuller from Cartwright Gospel Chapel.

AFFIRMATION TO BE READ BY

NATIONAL ANTHEM The National Anthem performed and recorded by Rebekah Ferro was played at the meeting.

APOLOGIES Nil

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda

That the minutes of the Ordinary Meeting held on 29 August 2018 be confirmed as a true record of that meeting subject to the following changes:

1. A note also be placed in the Public Forum section of the minutes to show that Mr Michael Andjelkovic addressed the meeting later at the meeting (as shown on page 27 of the minutes) on the issue of “Car Parking Crisis Petition Update”.

2. The Mayoral Minutes on pages 3 and 4 of the minutes to be corrected to show that they were moved by Clr Ayyad (as Chairperson of the meeting and were adopted).

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

Declarations of Interest

Clr Harle declared a non-pecuniary, but significant interest in the following item:

Item CONF 02 Order of Liverpool Awards

Reason: Clr Harle knows some of the people nominated for an Order of Liverpool Award.

Clr Harle left the Chambers for the duration of the item.

Public Forum

Presentation – items not on agenda

1. Mr Robert Storey addressed Council on the following matter:

Pollution of the Georges River.

Motion: Moved: Clr Hadid Seconded: Clr Harle

That a three minute extension of time be given to the speaker.

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

Representation – items on agenda

1. Mr John Anderson addressed Council on the following matter:

QWN 05 Question with Notice - Councillor Rhodes and Moorebank Intermodal.

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That a three minute extension of time be given to the speaker.

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

MOTION TO BRING ITEM FORWARD

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That items CEO 01 Election of Deputy Mayor and CEO 02 Appointment of Councillors to Committees and Affiliated Bodies be brought forward and dealt with now.

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

CHIEF EXECUTIVE OFFICER REPORT

ITEM NO: CEO 01

FILE NO: 244703.2018

SUBJECT: Election of Deputy Mayor

RECOMMENDATION

That Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the September 2018 – September 2019 period.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda:

That:

1. Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the September 2018 – September 2019 period; and

2. The method of election for the position of Deputy Mayor of Liverpool City Council for the term September 2018 – September 2019 be determined by closed voting (Ordinary ballot).

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

NOMINATIONS

Nominations were called for the position of Deputy Mayor by the Chief Executive Officer as the Returning Officer.

The Chief Executive Officer advised that 2 nominations had been received, being for Clr Karnib and Clr Harle.

Mayor Waller called a recess of Council at 6.22pm for the ballot papers to be prepared and to allow for Councillors to place their ballot paper in the ballot box.

Clr Hadchiti arrived at the meeting at 6.24pm

Mayor Waller reopened the meeting at 6.27pm.

VOTING

The Chief Executive Officer advised that Clr Karnib received the most votes and as such was declared the Deputy Mayor.

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

That:

1. Clr Karnib be declared the Deputy Mayor of Liverpool City Council for the term 26 September 2018 to 25 September 2019;

2. Council’s Register of Delegations be amended accordingly; and

3. All ballot papers be collected and destroyed by the Returning Officer.

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

ITEM NO: CEO 02

FILE NO: 171441.2018

SUBJECT: Appointment of Councillors to Committees and Affiliated Bodies

RECOMMENDATION

That Council:

1. Appoints Councillors as representatives to the following Committees for the period to September 2019:

a. Aboriginal Consultative Committee

b. Audit, Risk & Improvement Committee

c. Casula Powerhouse Arts Centre Board

d. Environment Advisory Committee

e. Heritage Advisory Committee

f. Intermodal Committee

g. Liverpool Access Committee

h. Liverpool Sports Committee

i. Tourism & CBD Committee (combined Committee)

j. Youth Council

2. Notes that all Councillors are members of the following Committees, and as such specific appointments are not required;

k. Budget Review Panel

l. Strategic Panel

m. Civic Advisory Committee

n. Community & Safety Prevention Committee

3. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies them of their representatives for the period to September 2019:

a. Georges River Combined Councils Committee

b. Western Sydney Migrant Resource Centre

c. Liverpool Traffic Committee

d. Macarthur Bushfire Management Committee

e. NSW Metropolitan Public Libraries Association

f. South West Regional Planning Panel

g. South West Sydney Academy of Sport (SWSAS)

h. Western Sydney Regional Organisation of Councils (WSROC)

4. Note and endorse the proposed name change of the Liverpool Traffic Committee to

the Liverpool Pedestrian, Active Transport and Traffic Committee pending the Committee’s consideration of the name change at their meeting on 19 September 2018 (which is after the publication of this Council Agenda).

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Karnib

That Council:

1. Appoints Councillors as representatives to the following Committees for the period to September 2019:

Aboriginal Consultative Committee
*Representatives*	Mayor Waller, Clr Rhodes and Clr Shelton

Audit, Risk & Improvement Committee
*Representatives*	Deputy Mayor Karnib and Clr Shelton

Casula Powerhouse Arts Centre Board
*Representatives*	Mayor Waller and Clr Kaliyanda

Environment Advisory Committee
*Representatives*	Clr Harle and Clr Shelton

Heritage Advisory Committee
*Representatives*	Clr Hadid and Clr Harle

Intermodal Committee
*Representatives*	Clr Hadchiti

Liverpool Access Committee
*Representatives*	Mayor Waller and Clr Harle

Liverpool Sports Committee
*Representatives*	Clr Kaliyanda

Tourism & CBD Committee
*Representatives*	Note: representatives to this Committee were appointed as part EGROW 03 at this meeting (see page 12 of these minutes).

Youth Council Committee
*Representatives*	Mayor Waller, Clr Hagarty and Clr Kaliyanda

District Forum

Rural District
*Representatives*	Clr Harle

New Release/Established District
*Representatives*	Clr Hagarty

2168 District
*Representatives*	Mayor Waller

Eastern District
*Representatives*	Clr Hadchiti

2. Notes that all Councillors are members of the following Committees, and as such specific appointments are not required;

a. Budget Review Panel

b. Strategic Panel

c. Civic Advisory Committee

d. Community & Safety Prevention Committee

3. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies them of their representatives for the period to September 2019:

Georges River Combined Councils Committee (GRCCC)
*Representatives*	Clr Harle and Clr Shelton

Western Sydney Migrant Resource Centre (WSMRC)
*Representatives*	Deputy Mayor Karnib

Liverpool Traffic Committee
*Representative*	Clr Kaliyanda OR Deputy Mayor Karnib

Macarthur Bushfire Management Committee
*Representatives*	Clr Harle

NSW Metropolitan Public Libraries Association
*Representatives*	Clr Kaliyanda

South West Regional Planning Panel
*Representatives*	N/A

South West Sydney Academy of Sport (SWSAS)
*Representatives*	Clr Kaliyanda

Western Sydney Regional Organisation of Councils (WSROC)
*Representatives*	Clr Rhodes and Clr Balloot

4. Note that the minutes of the Traffic Committee meeting held on 19/9/2018 which proposes a name change to Local Traffic Committee, will be presented to the 29/10/18 Council meeting;

5. Adopt a more flexible meeting schedule that allows for meetings both during and after normal business hours; and

6. Amend the Charters for non-statutory Council Committees, so that if a non-statutory Committee of Council does not achieve quorum for 3 consecutive meetings, then the Committee be disbanded.

Foreshadowed Motion: Moved: Clr Rhodes Seconded: Clr Harle

As per the above motion with the following changes:

i) Clr Rhodes to be the representative on the Eastern District Forum (rather than Clr Hadchiti);

ii) Delete point 6;

iii) Representatives to the Tourism & CBD Committee be determined after consideration of EGROW 03 (Draft Tourism & CBD Committee Charter) of this meeting; and

iv) Councillors be provided with information regarding when external membership to council committees are due. As part of the process of reviewing membership, applications of memberships to such committees to indicate whether they have experience in the field of the relevant committee.

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

ITEM NO: EGROW 03

FILE NO: 245445.2018

SUBJECT: Draft Tourism & CBD Committee Charter

RECOMMENDATION

That Council:

1. Adopt the draft Tourism & CBD Committee Charter;

2. Appoint five Councillors as members of the Tourism and CBD Committee; and

3. Approve the appointment of the community representatives and strategic stakeholders of the former Tourism and Events and CBD Committees as members of the new Tourism and CBD Committee.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That Council:

1. Adopt the draft Tourism & CBD Committee Charter (with the changes as shown below);

2. Amend Clause 12.2 of the Committee’s Charter and replace 90 minutes with 120 minutes so that Clause 12.2 now reads:

A meeting will be limited to a maximum duration of 120 minutes, unless the Committee resolves to extend the length of the meeting to a particular time or the completion of business.

3. Council appoint Councillor Hagarty, Councillor Shelton, Councillor Hadid, Councillor Balloot and Councillor Hadchiti to the Committee;

4. In relation to quorum of this meeting, this Committee requires a quorum of 9;

5. Amend Clause 8.2.1 of the Charter to 10 instead of 15;

6. Thank the members of the previous Tourism & Events Committee and CBD Committee for their services and advise them that Council will be readvertising the community representatives positions; and

7. Council call for Expressions of Interest for this Committee from relevant or appropriate community members.

RECESS OF COUNCIL

Mayor Waller called a recess of Council at 7.13pm.

Mayor Waller reopened the meeting at 7.19pm.

The Motion (moved by Clr Hadchiti) was then put to the meeting and was declared CARRIED.

Division called:

Vote for: Mayor Waller

Clr Ayyad

Clr Hadchiti

Clr Hadid

Clr Hagarty

Clr Kaliyanda

Clr Karnib

Clr Shelton

Vote against: Clr Harle

Clr Rhodes

Clr Balloot*

*Clr Balloot did not vote for or against the motion. Therefore, in accordance with Clause 36.3 of Council’s Code of Meeting Practice (as shown below), he is recorded as voting against the motion:

“A Councillor who is present at a meeting of Council but who fails to vote on a motion put to the meeting is taken to have voted against the motion.”

City Community and Culture Report

ITEM NO: COM 01

FILE NO: 238928.2018

SUBJECT: Grants, Donations and Corporate Sponsorship

RECOMMENDATION

That Council endorses the funding recommendations of $20,000 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program for the following projects:

Applicant	Project	Recommended
Liverpool Christians Community Celebrations	Liverpool Carols in the Park	$10,000
al-Muntada (Iraqi Australian University Graduate Forum)	2018 Iraqi Cultural Festival	$10,000

That Council endorses the funding recommendation of $21,396 (GST exclusive) under the Sustainable Environment Grants Program for the following projects:

Applicant	Project	Recommended
Hammondville Public School	Native Garden and Natural Yarning Circle	$5,000
St Christopher’s Primary School	Waste Warriors & Green Gardeners	$5,000
Liverpool Public Primary School	LSP Storm Water Education	$5,000
The Australian Foundation for Disability	Sensory Native Garden	$4,550
Liverpool Women's Resource Centre	141 Cartwright Miller	$1,846

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.

ITEM NO: CTTE 03

FILE NO: 247476.2018

SUBJECT: Tourism & Events Committee Meeting of 9 August 2018

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Tourism and Events Committee Meeting held on 9 August 2018, in particular those actions from the minutes with an operational impact including:

a) Tourism Development Officer and Manager Communications to investigate how to engage multiple platforms on the LCC website and to ensure a simple process for other organisations to share Council’s content.

b) Tourism Development Officer to investigate possible land suitable for a self-contained vehicle park within the Liverpool LGA and report back at a future Committee meeting.

c) Review of the mobile food vehicle policy so as to allow food vehicles in Macquarie Mall for special events held by Council.

d) Council send out an invitation to the following community groups to become strategic members of the Tourism & Events Committee, in order to collectively create an October event:

· Liverpool Carnivale

· Festival of Light

· Fijian Community

· Eid Community

· Syrian Community

· Mahavi Community

2. Consider endorsement of the recommendations in the Minutes.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Hadid

1. Receives and notes the minutes;

2. Endorse the recommendations in the minutes;

3. Notes the motion moved by Clr Shelton and seconded by Clr Hadid in relation to the Mobile Food Vehicle Policy as shown on page 5 of the Committee’s minutes (and also shown in point 1c of the above recommendation on this page) was declared by the Chair of the Committee meeting as formal;

4. That Council amend the Mobile Food Vehicle Policy so as to allow food vehicles in Macquarie Mall for special events held by Council; and

5. That the invitations referred to in page 5 of the Committee’s minutes and shown in point 1d of the above recommendation, be sent well before next October (2019).

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

Questions with Notice

ITEM NO: QWN 01

FILE NO: 226361.2018

SUBJECT: Question with Notice - Clr Harle

Please address the following:

1. Coopers Paddock - When will the Council take action to have the VPA started and completed as per the adopted VPA?

Works have commenced to implement the VPA known as Inglis, Coopers Paddock, Warwick Farm. The agreement is between the Australian Turf Club (ATC) and Council and was formerly agreed in 2012.

Widening of Governor Macquarie Drive (GMD) and related intersections is now nearing Practical Completion. Additional works in the road corridor include completion of footpath and cycle ways along the GMD to the Hume Highway and further towards Warwick Farm train station. These works are currently underway and are expected to be completed over coming months.

The ATC have committed to lodging a development application for works in Coopers Paddock, to allow for assessment of the shared pathway to be constructed there, by the end of September, with an expected completion of these works by the end of this calendar year (subject to approvals).

The Vegetation Management Plan (VMP) to undertake works to restore and manage native vegetation in Coopers Paddock (over an agreed period of 6 years from adoption) was accepted and adopted by Council’s Development Assessment Unit in November 2017. The ATC have now advised Council staff that works are anticipated to commence in relation to this matter early in 2019. Accordingly, no enforcement action is envisaged in relation to this item currently but Council officers will monitor compliance with the adopted VMP, as and when it is implemented and based on the advised timeframe.

2. Former Greenhills Golf Course filling - Has the applicant taken action to remove the excess filling and has the applicant ceased bringing in more filling?

New Brighton Golf Course (former Greenhills) filling

Council’s Investigation Officers conducted an inspection at the New Brighton Golf Course on 25 October 2017, in response to a complaint received regarding alleged non-compliance of conditions of Development Consent No. DA-517/2013 including:

The transport and disposal of waste
Site security fencing
Sedimentation and erosion controls

The inspection revealed that the development consent is not being complied with.

Accordingly, a notice to comply was issued by Council compliance officers on 1 November 2017.

Since that time, officers have confirmed that action has been taken by the developer to rectify the situation and the development conditions are now being complied with. Officers will continue to monitor the situation to ensure the developer remains compliant with conditions of consent contained in DA-517/2013.

ITEM NO: QWN 02

FILE NO: 240967.2018

SUBJECT: Question with Notice - Clr Shelton

The State Government has recently compiled a new Medium Density Housing Code intended to take effect throughout much of metropolitan Sydney, and a number of Councils, including Liverpool City Council, have recently sought deferment/exemption therefrom. Utilising presently available information the following details are sought with respect to the likely effect and impact of this code should it be implemented within the Liverpool Local Government Area.

1. An estimate of the total number and percentage of properties within the Liverpool Local Government Area affected by the policy accompanied by maps depicting affected areas.

2. An estimate as to the number of additional existing residential properties which could prima facie under this code be converted to:

a. manor homes;

b. duplexes;

c. terrace developments; and

d. other increased density developments of a similar nature.

3. A projection of the total number of new dwellings that would potentially be introduced to the Liverpool Local Government Area as a result of this code should it be introduced and all affected properties are developed to the maximum extent permissible as envisaged under the code. Please also identify the corresponding percentage increase.

RESPONSE

The Medium Density Housing Code (the Code) was gazetted as an amendment to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 in April 2018, and came into effect on 6 July 2018. Liverpool City Council, along with a number of other Councils have had the commencement of the Code deferred until 1 July 2019, to enable Council to review its planning controls.

The Code allows dual occupancies, terraced housing and manor homes (two storey buildings containing three or four dwellings) to be approved as complying development in R1 General Residential, R2 Low Density Residential and R3 Medium Density Residential zones. With the exception of manor homes, these dwelling types can only be approved if they are permissible with consent under the relevant LEP or Sydney Region Growth Centres SEPP (the Growth Centres SEPP).

Currently, the Liverpool LEP does not have a definition for manor homes as they are a new development type, and therefore are not currently permissible. Once the SEPP applies from 1 July 2019, manor homes will be permissible in the R1 and R3 zones under the LLEP as those zones permit multi dwelling housing (and manor homes are a type of multi dwelling housing). Terraced housing could be approved as complying development in the R1 and R3 zone as multi dwelling housing is permitted in that zone.

The R2 Low Density Residential zone in the LEP does not permit dual occupancies or multi-dwelling housing, and so the Code will not apply to land within this zone. This is in contrast to some other councils which permit dual occupancies and multi dwelling housing in their low density residential (R2) zones.

Austral and Leppington are zoned under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (the Growth Centres SEPP), which permits dual occupancies and multi dwelling housing (including terrace houses and manor homes) in the R2 and R3 zones. Within the R2 zone however, these housing types are preferred only in certain locations – in close proximity to parks and B1 and B2 centres. As the Code will over-ride the Growth Centres SEPP, these same locational requirements won’t apply, allowing for a potentially greater number of these housing types.

Properties that are heritage listed or within conservation areas are excluded from the Code.

In relation to manor homes the Code applies to land with a minimum lot size of 600sqm and a lot width of 15m. For terrace houses the Code applies to land with a minimum lot size of 600sqm and a lot width of 18m.

Councils DCP currently requires a minimum lot size for multi dwelling housing of 650sqm and a minimum lot width of 18m. As Councils lot size control is contained in the DCP and not LEP, the lower Code lot size of 600sqm would apply.

As requested, and utilising presently available information, Council has completed an investigation of planning and property data under the LLEP 2008 to provide an answer to the above questions. This analysis has excluded the growth areas due to limited development and many lots being rural lots awaiting development.

The findings are as follows:

· There are 50,342 lots zoned R1, R2, R3 (excluding heritage sites). This is 10.9% of the LGA (12.4% if land in Western Sydney Parklands, Sydney Growth Centres and State Significant Precincts SEPPs are excluded).

· Those with lot sizes 600sqm or greater and a frontage 18m or greater make up 4.3% of the LGA (5% if land in Western Sydney Parklands, Sydney Growth Centres and State Significant Precincts SEPPs are excluded).

Based on the above there are approximately 2,165 lots that are both zoned appropriately and have a lot size and frontage to support manor homes and terraced housing.

If these lots were all developed for the various typologies allowed under the SEPP, an indicative and theoretical increase in the number of dwellings would be:

If all lots developed for:	Calculation	Number of dwellings	Net Increase	Net percentage increase relative to all lots zoned R1, R2, R3
Manor homes or	2165 lots x 4 units per lot	8,660 or	6,495 or	13%
Terrace housing	2165 lots x 3* units per lot	6,495	4,330	8.6%

* The number of dwellings within a terrace house development can vary based on the area of land and site characteristics. The above rate of 3 dwellings is a general assumption, drawing from the minimum 18m property width required by the Code.

When considering the above estimate scenarios it must be noted that there are a variety of complex economic (residential property market), social, environmental and locational factors that would prevent all of the land identified above from developing for these housing types.

Motion: Moved: Clr Shelton Seconded: Clr Hagarty

That the CEO directs the Communications staff to develop a plain English communication strategy for mailout with rate instalment notices and display on Council’s social media platforms advising the effects of the proposed medium density housing code in R1 and R3 zones and where imminently relevant R2 zones.

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

PRESENTATIONS BY COUNCILLORS

1. Councillor Rhodes made presentations to Council on the following matters:

i) Liverpool Museum first nomination in the Museums and Galleries of NSW, IMAGinE engagement programs for 2018; and

ii) WSABE Awards – Liverpool Business.

The presentations are shown on the following 3 pages.

2. Councillor Hagarty made a presentation regarding the Liverpool City Council Charity Ball.

This is shown on page 36 of these minutes

Presentations by Clr Rhodes

i) Liverpool Museum first nomination in the Museums and Galleries of NSW, IMAGinE engagement programs for 2018.

Clr Rhodes’s presentation for Liverpool Museum first nomination in the Museums and Galleries of NSW, IMAGinE engagement programs for 2018 is shown below:

Liverpool Regional Museum “Voyages of Camaraderie Exhibition” has been nominated for the very first time in the 29 year history of the Liverpool Museum, in the Museums and Galleries of NSW, IMAGinE engagement programs for 2018.

This is great news for Liverpool community and a significant milestone for our Liverpool Regional Museum

This year IMAGinE Awards 2018 received a record 95 nominations, the most nominations in the history of the awards.

Regional Museums plays an important part in growing the local visitation economy and sharing the local history. Liverpool as the 4th oldest city in Australia has a huge history that we as its citizens can be very proud of. Just as we can be very proud of our Museum and its exhibitions that tell our stories.

The Liverpool Regional Museum has in recent times been re-activated, slowly increasing its profile and building new and returning audiences with whom we can share the amazing history of Liverpool.

Voyages of Camaraderie which ran from Saturday 13 January 2018 to Friday 14 April 2018, was specially curated to celebrate 25 years of the Cruising Yacht Club of Australia’s Youth Sailing Academy and not only did it offer a taste of 74 years of the CYCA itself, but also shone a spotlight on the 23 years history of Liverpool’s very own Chipping Norton Lake Sailing Club.

Included with the exhibition was an introductory toy model boat-building workshop where local Liverpool boat-building enthusiast (and Viking descendent) Gil Braden shared his skills and seafaring stories and guided children to assemble their first timber model boat.

The ‘Voyages of Camaraderie’ exhibition and its suite of public programs attracted 610 visitors & participants, approximately 90% first-time visitors, mostly from Liverpool.

The visitors to the exhibition were able to also engage with the ‘VoC’ exhibition, the Museum’s ‘refreshed’ permanent exhibition “Resonances: lives, stories & objects of Liverpool” - learning, experiencing and enjoying Liverpool’s rich history and heritage.

This permanent exhibition was a big investment by Council back in 2013-2014 and was severely under-utilised and under-appreciated. Now, over the past 12 months, the Museum has received highly complimentary comments about its permanent and ongoing exhibitions.

I would like to thank the staff of the Liverpool Regional Museum and congratulate them on this their first nomination and wish them luck on the 23 November.

Well done and thank you!

ii) WSABE Awards – Liverpool Business.

Clr Rhodes’s presentation for WSABE Awards – Liverpool Business is shown below:

I have great enjoyment in recognising the Liverpool participants in the WSABE Annual Awards held on the 21st September 2018.

This is the 28th year of WSABE Western Sydney Awards for Business Excellence, an awards platform that showcases the finest businesses and business people that the Greater Western Sydney and Western Sydney areas has to offer.

WSABE has engaged with hallmark businesses in the Western Sydney region from both an awards and sponsorship perspective and has always been about supporting the ever-growing economic powerhouse that is Western Sydney.

This year they received a record number of entries and the Awards night was attended by over 700 people that included the Premier of NSW The Hon Gladys Berjiklian and the Leader of the NSW State Opposition Luke Foley.

But what gives me great enjoyment is that this year Liverpool was represented by three great Liverpool Businesses that deserve accolades as being finalists particularly against a record number of competing businesses.

YADA Young Adults Disabled Association was a finalist in the Excellence in Social Enterprise and Tuan Duong, proprietor of Duo Tax Quantity Surveyors who was also a finalist in the Outstanding Young Entrepreneur category. To both these businesses I say well done and thank them for their on-going services to the people of Liverpool.

But what gives me enormous pleasure this year is the Third great Liverpool Business that not only made it to the Finalists but won not one but two categories being Phillip Raish proprietor of Wild FX who won the Outstanding Business Leader Category and also the Excellence in Customer Service Category.

The importance in receiving such awards, that not only competes with other Liverpool Businesses but Businesses in the whole Western and Greater Western districts can only help to draw attention to and attract business growth in our LGA.

The significance of Business attention made all the more important as Liverpool has set its course to become the Third great City in Sydney, and business Hub to the Western City Airport.

I believe it would be appropriate that Liverpool Council should acknowledge these achievements and write a letter of congratulations to these businesses and thank them for not only the significant contribution they make in serving the needs of our great city, but also recognise that their success promotes Liverpool as a great place for Business and such promotion can only help to grow our business economy.

Following Clr Rhodes’s presentation, Mayor Waller agreed to write a letter of congratulations to the businesses.

Presentation by Clr Hagarty

Liverpool City Council’s Charity Ball

Clr Hagarty congratulated Council staff and everyone involved in organising the Liverpool City Council Charity Ball which was held on Saturday 22 September 2018.

Clr Hagarty also thanked the Councillors and staff who attended. The event was a huge success which raised $46,000 for the Liverpool Neighbourhood Connections.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 256284.2018

SUBJECT: Shopping Trolleys

Background

Shopping trolleys abandoned in streets, parks and recreational areas including those dumped into creeks and rivers are a major problem for all Councils across Australia. It has been an issue with Liverpool City Council since shopping trolleys were first introduced.

Councils have collected wayward trolleys and stored them at their depots and charged the owners a fee to collect them. That was unsuccessful since most were not collected and became a storage problem and eventually scrap metal.

Fining people for abandoning a trolley is not practical as Council Rangers do not have the legal power nor the time to prove that a trolley has been “abandoned” to issue an infringement notice to an uncooperative person.

Owners of large numbers of shopping trolleys such as Woolworths, Coles and Bunnings have trolley collection systems in place including “Trolley trackers” whereby wayward trolleys reported to a hotline are eventually picked up. Trolleys “abandoned” in the CBD are collected in the evening by contractors that return them to their respective shopping centres. Unfortunately, that does not apply in the outer areas or Suburbs where trolleys are often abandoned several kilometres from shopping centres.

Council was contemplating ensuring high rise residential buildings in the CBD provide trolley bays in areas so that they can be picked up by contractors employed to do so. Based on personal surveys, I believe that will only worsen the existing problem and pose an unnecessary safety hazard in trolleys pushed along busy pedestrian walkways within the CBD.

The answer lies in state legislation that ensures trolleys are not removed from a designated shopping area and the owner of the trolley fined if they are found outside that area. Trolley owners need to implement a system that ensures trolleys are not taken out of their designated area and needs to be their responsibility.

Councils also need to introduce changes to their planning laws via DCPs' that ensure shopping centres manage trolleys effectively to prevent them taken outside their designated areas.

Liverpool City Council should consider implementing systems such as those introduced by Ipswich City Council and consider the research conducted by the Western Australian Local Government Association (WALGA) and their Document.

NOTICE OF MOTION (Submitted by Clr Harle)

That Council:

1. Ensures that planning laws via DCPs minimises the negative effects of abandoning shopping trolleys by requiring shopping centres to confine shopping trolleys within a designated area.

2. To explores legal avenues similar to those of Ipswich City Council to ensure shopping centres comply with legislation that prevents shopping trolleys being abandoned outside their designated areas and includes the ability to issue and collect substantial fines from the owners of shopping trolleys found outside their designated areas.

3. Council to prepare a Motion for the Local Government Conference of 2019 to address the issue at a State Government Level.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That Council:

1. Ensures that planning laws via DCPs minimises the negative effects of abandoning shopping trolleys by requiring shopping centres to confine shopping trolleys within a designated area;

2. Explores legal avenues similar to those of Ipswich City Council to ensure shopping centres comply with legislation that prevents shopping trolleys being abandoned outside their designated areas and includes the ability to issue and collect substantial fines from the owners of shopping trolleys found outside their designated areas;

3. Prepare a Motion for the Local Government Conference of 2019 to address the issue at a State Government Level; and

4. Staff prepare a report to amend the DCP so that the DCP supports the coin operation or wheel lock of the shopping trolleys for businesses with over 20 trolleys.

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

ITEM NO: NOM 02

FILE NO: 257078.2018

SUBJECT: Solar Tree Lighting

Background

Many Councils in NSW have installed solar tree decoration lights in their cities. I recently went to Tenterfield NSW and was surprised to see that even in this small country town they have recognised the benefits of adopting such procedure.

Councillors who attended the conference in Canberra would be well aware of what they have achieved through the solar lighting of their trees in their malls and parks.

Liverpool has a rather unjustified misconception of the CBD being unsafe. Compared to surrounding cities in Sydney South West the Liverpool CBD and surrounds has one of the lower reports on crime, but still the stigma of preconceived misconceptions about safety, particularly in the Liverpool CBD, persists. This misperception of Liverpool as an unsafe city is deterring people from visiting and or shopping in Liverpool.

The tree lighting would not only be appropriate for Christmas, but also assist in lighting our CBD and contribute to the positive perceptions of safety, make the CBD warm and inviting and encourage people into the CBD to see the lights, making it a destination that will contribute to the Liverpool visitor economy.

Such lighting will help improve outcomes for the CBD business sector, and even encourage other businesses to consider opening their operation and growing the CBD Business that will assist in providing much needed jobs in our city.

The outlay for purchasing and installing the solar lighting is a small price for Liverpool Council to pay when you consider the benefits such installations could provide to the Liverpool LGA. Growing our CBD, providing local jobs, providing a greater number and variety of business and services will benefit not only the CBD but the wider community of Liverpool.

Liverpool has achieved many great outcomes this year. We have established ourselves as a Health, Education, and Innovation City that is the Gateway to the new airport and a primary business hub to its needs. This year Liverpool needs to be proud of its achievements, the simple installation of solar tree lighting in our CBD could not only be a statement of those achievements, but also contribute to the ongoing success of our great city.

NOTICE OF MOTION (Submitted by Clr Rhodes and Clr Hadid)

That Council install solar tree lighting in the Liverpool Mall, Bigge Park and CBD in time to celebrate Christmas 2018, similar to installations already done in Canberra, and other cities and towns throughout NSW.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That the recommendation be adopted.

Amendment: Moved: Clr Hagarty Seconded: Clr Karnib

That Council staff prepare a report for the November meeting of Council to identify the preferred location and duration for any trial, supply and maintenance costs and the effectiveness of solar lighting (including solid lighting) for the identified purpose.

Foreshadowed motion: Moved Clr Hadchiti Seconded: Clr Hadid

That Council staff prepare a report for the October meeting, if possible, for a trial supply of solar lighting in Bigge Park identifying the associated costs.

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

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

The Foreshadowed Motion (moved by Clr Hadchiti) then became the Motion and on being put to the meeting was declared CARRIED.

ITEM NO: NOM 03

FILE NO: 257119.2018

SUBJECT: Apex Park

Background

In early May 1811 the Reverend Samuel MARSDEN accompanied the surveyor MEEHAN to consecrate the first burial ground laid out in LIVERPOOL. This cemetery was located on the northwest corner of Elizabeth and Castlereagh Streets.

More generally it is known that from 1811 to 1821 Apex Park was the location of Liverpool's first grave yard, and at least 122 (some sources suggest at least 123) people were buried there. In fact, as a burial ground it predates both Waverley and Rookwood cemeteries/necropolises. The burial register for the site records the first burial was that of Thomas TYRRELL, aged four or five, who drowned in the nearby Georges River on 19 May 1811. It is also understood James EUSTICE, a soldier stationed in LIVERPOOL, was killed by aborigines in 1814 and was buried there. More generally, recorded causes of death include five by drowning, four by shooting or murder, three from burns, three 'felled by a tree', three were killed by horses, and two from snake bite. Also believed to have originally been buried there was Nathanial LUCAS, a first fleet convict, transported for seven years, and latterly an early settler who had become a successful builder; but shortly after commencing work on St. Lukes Church he was found drowned at Prospect Creek in 1818. Arguably the first traffic fatality in LIVERPOOL was also buried there in the form of Elizabeth CONNOR who was recorded as being 'killed by a cart' in December 1814. Mary EVANS, also believed to be buried there, is listed as dying of 'excessive drinking' on April Fool's day in 1815.

Burials were discontinued at the site in 1821 on account of issues associated with the height of the water table and in that context the dampness and bogginess of the area. It is believed the site was then left to decay until around 1956 when it was cleaned up and over time revitalised by the then members of the Liverpool Apex Club. Gradually thereafter it became a passive recreational area.

More recently an Apex Park Concept Plan was referred for community consultation, including a sausage sizzle, which consultation closed on 11 March 2018. Feedback was favourable and in particular support was expressed for children's play areas, shade structures, park furniture, pathways and landscaping. It is generally understood these renovations will not involve works that penetrate substantially below the surface of the park.

Not a lot is known as to the use of the area from 1821 to 1956, or for that matter even for the brief period were the site was used as a cemetery, prior to 1821. The precise area where burials took place is now a matter of conjecture, and while Christian burials were generally made supine east-west with the head at the western end of the grave, this is also a matter of speculation and at any rate there is thought to have been exceptions.

Recently in a number of council committees there have been informal discussions as to the merits of surveying the area with ground penetrating radar which it is understood would take only a few days and accordingly would not set back the plans to implement the Apex Park Concept Plan, and the incremental cost is estimated to be around $15,000 to $20,000. Ideally the exercise should be carried out prior to the commencement of physical works.

Given that the use of the area for well over a century is largely unknown, and the importance of the park as one of the country's first (western) burial grounds, it is suggested the relatively modest expenditure involved in increasing the stock of public knowledge about this site is justified.

NOTICE OF MOTION (Submitted by Clr Shelton)

That Council commissions a survey of Apex Park using ground penetrating radar and if considered appropriate provides a report as to the results. Such survey to be funded from budgeted funds for the Apex Park Concept Plan which if necessary are to be supplemented accordingly from general revenue and periodic budget reviews.

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.

ITEM NO: NOM 04

FILE NO: 257147.2018

SUBJECT: Housing

Background

One aspect of the evolution of the District Plans both generally and with respect to the Liverpool LGA specifically which has been criticised from the outset was the goal of achieving an 'affordable housing mix' in the vicinity of 'five to ten per cent'. The criticism was largely two fold’ first, that the phrase 'five to ten per cent' would in practice quite foreseeably simply equate to five per cent, and, second, on any view the amount suggested was inadequate.

Further SEPP 70 has predominantly focused on inner city councils (see s.9), although future expansions to its operations are possible.

Of more immediate relevance to the Liverpool LGA is the passage of LEP Amendment 52 which was widely reported in the media, but solely in terms of the number of additional dwellings which could be injected into the affected area.

Also by way of relevant background is the State Government's proposed 'Medium Density Housing Code', currently deferred.

With each of these matters in mind it is more opportune than ever to investigate means by which in an integrated manner additional forms of housing supply can be made available to the community, particularly in circumstances where the public and private sectors work together.

NOTICE OF MOTION (Submitted by Clr Shelton)

That Council investigates as part of its LEP review the augmented provision of social housing for want of a better term either by:

i. an inclusionary zoning approach in which for example a proportion of all development proposals with a residential component are made available to the discretion of local housing authority providers and given the current role of 'uplifts' in residential development a further proportion of the uplift factor shall also be likewise dedicated; or

ii. by the pooling of dedicated contributions from residential developers such that a corresponding set amount is collected for and applied for the same purpose by for example Council in conjunction with local housing authority providers.

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.

Division called:

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

Clr Hadid left the Chambers at 8:48pm.

Clr Hadid returned to the Chambers at 8:50pm.

Confidential Items

ITEM NO: CONF 01

FILE NO: 246247.2018

SUBJECT: WT2710 Streetscape Weed Control

RECOMMENDATION

That Council:

1. Accept the Tender from Luhrmann Environ Mgt Pty Ltd for Tender WT2710 - Streetscape Weed Control for an initial 3 Years contract term with the option of extending 12 months at Councils sole discretion at the GST inclusive lump sum price of $319,581 for the 3 year contract;

2. Makes public its decision regarding tender WT2710 - Streetscape Weed Control;

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

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

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded:

That the recommendation be adopted.

The Motion lapsed as there was no seconder.

Note: CONF 01 was later recommitted and re-considered. See page number 47 of these minutes.

Clr Harle returned to the Chambers at 8:56 pm.

Clr Balloot left the Chambers at 8:58pm.

Clr Balloot returned to the Chambers at 9:02pm.

Note: CONF 01 previously discussed at the meeting (see page 45 of these minutes) was then recommitted.

ITEM NO: CONF 01

FILE NO: 246247.2018

SUBJECT: WT2710 Streetscape Weed Control

RECOMMENDATION

That Council:

1. Accept the Tender from Luhrmann Environ Mgt Pty Ltd for Tender WT2710 - Streetscape Weed Control for an initial 3 Years contract term with the option of extending 12 months at Councils sole discretion at the GST inclusive lump sum price of $319,581 for the 3 year contract;

2. Makes public its decision regarding tender WT2710 - Streetscape Weed Control;

3. Notes that the Chief Executive Officer 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 Hadchiti Seconded: Clr Hagarty

That the recommendation be adopted.

Foreshadowed Motion Moved: Clr Rhodes Seconded Clr Hadid

That Council defer the item and provide Councillors with the tender documents.

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

Vote for: Mayor Waller

Clr Hadchiti

Clr Hagarty

Clr Kaliyanda

Clr Karnib

Clr Shelton

Vote against: Clr Ayyad

Clr Balloot

Clr Hadid

Clr Harle

Clr Rhodes

ITEM NO: CONF 08

FILE NO: 257224.2018

SUBJECT: Report Pursuant to Cl.240(2) of the Local Government (General) Regulation 2005

RECOMMENDATION

That Council receive and note this report.

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Balloot

That the direction on page 528 of the Confidential Booklet of the 26 September 2018 meeting Agenda (which was also on page 95 of the 29 August 2018 Meeting Agenda) be referred to the Office of the Local Government for clarification and investigation into the process.

Foreshadowed motion: Moved: Clr Hagarty Seconded: Clr Shelton

That Council receive and note the report.

On being put to the meeting the Motion (moved by Clr Ayyad) was declared LOST.

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

THE MEETING CLOSED AT 9.30pm

Name: Wendy Waller

Title: Mayor

Date: 29 October 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 September 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 Pastor

Confirmation of Minutes

Public Forum

ITEM NO: CEO 01

ITEM NO: CEO 02

CITY ECONOMY AND GROWTH REPORT

ITEM NO: EGROW 01

ITEM NO: EGROW 02

ITEM NO: EGROW 03

ITEM NO: CEO 03

ITEM NO: COM 01

ITEM NO: CORP 01

ITEM NO: CORP 02

ITEM NO: CORP 03

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: CTTE 03

ITEM NO: CTTE 04

ITEM NO: QWN 01

ITEM NO: QWN 02

ITEM NO: QWN 03

ITEM NO: QWN 04

ITEM NO: QWN 05

PRESENTATIONS BY COUNCILLORS

ITEM NO: NOM 01

ITEM NO: NOM 02

ITEM NO: NOM 03

ITEM NO: NOM 04

ITEM NO: CONF 01

1. Accept the Tender from Luhrmann Environ Mgt Pty Ltd for Tender WT2710 - Streetscape Weed Control for an initial 3 Years contract term with the option of extending 12 months at Councils sole discretion at the GST inclusive lump sum price of $319,581 for the 3 year contract;

ITEM NO: CONF 02

ITEM NO: CONF 01

1. Accept the Tender from Luhrmann Environ Mgt Pty Ltd for Tender WT2710 - Streetscape Weed Control for an initial 3 Years contract term with the option of extending 12 months at Councils sole discretion at the GST inclusive lump sum price of $319,581 for the 3 year contract;

ITEM NO: CONF 03

ITEM NO: CONF 04

ITEM NO: CONF 05

ITEM NO: CONF 06

ITEM NO: CONF 07

ITEM NO: CONF 08