MINUTES OF THE Ordinary Meeting

HELD ON 29 October 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

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 Pastor

PRAYER OF COUNCIL AND                 Samantha Bulmer from Lifegate Church.

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 Hagarty              Seconded: Clr Balloot    

 

That the minutes of the Ordinary Meeting held on 26 September 2018 be confirmed as a true record of that meeting.

 

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

 

Declarations of Interest                            

 

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

 

Item COM 01:         Grants, Donations and Corporate Sponsorship

 

Reason:                   Clr Shelton is an ordinary member of the City of Liverpool and District Historical Society Inc.

 

Clr Shelton left the Chamber for the duration of the item.

 

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

 

Item COM 01:         Grants, Donations and Corporate Sponsorship

 

Reason:                   Clr Kaliyanda is an ordinary member of the City of Liverpool and District Historical Society Inc.

 

Clr Kaliyanda left the Chamber for the duration of the item.

 

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

 

Item COM 01:         Grants, Donations and Corporate Sponsorship

 

Reason:                   Clr Rhodes is an ordinary member of the City of Liverpool and District Historical Society Inc.

 

Clr Rhodes left the Chamber for the duration of the item.

 

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

 

Item COM 01:         Grants, Donations and Corporate Sponsorship

 

Reason:                   Clr Hagarty is an ordinary member of the City of Liverpool and District Historical Society Inc.

 

Clr Hagarty left the Chamber for the duration of the item.

 

Public Forum

 

Presentation – items not on agenda    

 

1.    Mrs M’Leigh Brunetta addressed Council on the following matter:

 

Objection to Planning Proposal RZ – 9/2015 – Middleton Grange Town Centre

 

Motion:             Moved: Clr Hadchiti             Seconded: Clr Hagarty            

 

That a three minute extension of time be given to Mrs M’Leigh Brunetta.

 

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

 

Note: As part of her address to Council, Mrs M’Leigh Brunetta tabled the following documents at the meeting:

·         Community petition opposing the Middleton Grange Town Centre Planning Proposal; and

·         Submission by Parkbridge Community Association on behalf of the residents of Middleton Grange.

 

2.    Ms Vicki Andrews on behalf of the Moorebank Heritage Group Inc addressed Council on the following matter:

 

Thank Council for the Matching Grant for the Exhibition at Liverpool Regional Museum, Peace comes to Liverpool and Museum and Library Archives. 

 

Motion:                      Moved: Clr Hadid                 Seconded: Clr Karnib            

 

That a three minute extension of time be given to Ms Andrews.

 

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

 

3.    Mrs Claire Brooks addressed Council on the following matter:

 

Additional permitted uses at 123 Epsom Road, Chipping Norton.

 

Motion:                      Moved: Clr Rhodes                Seconded: Clr Shelton            

 

That a three minute extension of time be given to Mrs Brooks.

 

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

 

 

 

 

Representation – items on agenda

 

1.    Ms Lawrissa Chan – Director, Financial Audit Services and Mr Furqan Yousuf – Audit Manager from the Audit Office of NSW addressed Council on the following item:

 

CORP 03: Updated Report: Annual Financial Statements 2017-18

 

 

MOTION TO BRING ITEM FORWARD

 

Motion:                         Moved: Clr Hagarty              Seconded: Clr Shelton           

 

That item CORP 03 Updated Report: Annual Financial Statements 2017-18 be brought forward and dealt with now.      

 

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

 

 

ITEM NO:      CORP 03

FILE NO:        284735.2018

SUBJECT:     Updated Report: Annual Financial Statements 2017-18

 

RECOMMENDATION

 

That Council:

 

1.    Receives and endorses the 2017-18 audited financial statements;

 

2.    Authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer to sign the prescribed statement that will form part of the financial statements;

 

3.    Forwards a copy of the financial reports together with the auditor’s report to the Office of Local Government in accordance with Section 417(5) of the Local Government Act 1993;

 

4.    Authorises the Chief Executive Officer to issue a public notice containing a summary of financial results and put the financial statements on exhibition for 7 days to seek public submissions; and

 

5.    Notes that the financial statements and a summary of public submissions received will be presented to Council at its next meeting for consideration and adoption.

 

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid         

 

That Council:

 

1.    Receives and endorses the 2017-18 audited financial statements;

 

2.    Authorises the Mayor, Deputy Mayor, Chief Executive Officer and the Responsible Accounting Officer to sign the prescribed statement that will form part of the financial statements;

 

3.    Forwards a copy of the financial reports together with the auditor’s report to the Office of Local Government in accordance with Section 417(5) of the Local Government Act 1993;

 

4.    Authorises the Chief Executive Officer to issue a public notice containing a summary of financial results and put the financial statements on exhibition for 7 days to seek public submissions;

 

5.    Notes that the financial statements and a summary of public submissions received will be presented to Council at its next meeting for consideration and adoption; and

 

6.    Thank the Audit Office of NSW for their work.

 

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

 

 

 


 

City Economy and Growth Report

 

 

ITEM NO:       EGROW 01

FILE NO:        270688.2018

SUBJECT:     Amendment to draft Liverpool Local Environmental Plan 2008 (Amendment No. 66)

 

RECOMMENDATION

 

That Council:

 

1.   Endorse the amendment to Draft Liverpool Local Environmental Plan 2008 (Amendment 66); and

 

2.   Delegate to the CEO to modify Draft Amendment 66 and forward the revised planning proposal to the Department of Planning and Environment seeking a Revised Gateway Determination.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty            

 

That the recommendation be adopted.          

 

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

 

Councillors voted unanimously for this motion.

 

 


 

ITEM NO:      EGROW 02

FILE NO:        273258.2018

SUBJECT:     Bigge Park Solar Christmas Lighting Trial

 

RECOMMENDATION

 

That Council:

 

1.    Undertake a trial of mains electrical lighting within Bigge Park for the month of December 2018 to coincide with Christmas;

 

2.    Endorse the proposed lighting design plan at Attachment 1;

 

3.    Note the budget implications for the lighting trial, estimated at $70,000, for inclusion as part of a future quarterly budget review;

 

4.    Consider the potential for any future illumination of trees in the city centre as part of a report in early 2019 which would evaluate the success of the lighting trial with related recommendations; and

 

5.    Note the identified issues with using solar lighting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty            

 

That Council develop an events plan for the 2019 Christmas period in the CBD and Carnes Hill which includes lighting.

 

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

 

 


 

ITEM NO:      EGROW 03

FILE NO:        276195.2018

SUBJECT:     Renaming of part of Denham Court Road, Leppington

 

RECOMMENDATION

 

That Council:

 

1.    Notes the submissions received relating to the renaming of part of Denham Court Road, Leppington;

 

2.    Notes that due to the realignment of Denham Court Road, there exists a duplication of road names which must be addressed;

 

3.    Supports the renaming of part of Denham Court Road to Founders Avenue; and

 

4.    Delegates to the CEO to finalise the renaming of part of Denham Court Road, Leppington to Founders Avenue.

 

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.

 


 

ITEM NO:      EGROW 04

FILE NO:        278734.2018

SUBJECT:     Post exhibition report Liverpool Bike Plan and Liverpool Development Control Plan Amendment 30

 

RECOMMENDATION

 

That Council:

 

1.    Note the funding advantages of having an updated Bike Plan;

 

2.    Endorse changes made to the draft Liverpool Bike Plan 2018-2023 following public consultation;

 

3.    Adopt the Liverpool Bike Plan 2018-2023; and

 

4.    Adopt Draft Amendment 30 to the Liverpool Development Control Plan 2008.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda            

 

That the recommendation be adopted.           

 

Foreshadowed motion:       Moved: Clr Rhodes              Seconded: Clr Balloot                           

 

That this motion be deferred until Council is provided with answers to the questions taken on notice at this meeting.

 

On being put to the meeting the motion (Moved by Clr Shelton) was declared CARRIED and the Foreshadowed motion (moved by Clr Rhodes) lapsed.       

 

Division:       

 

Vote for:                                Mayor Waller

                                                Clr Ayyad         

                                                Clr Hadchiti

                                                Clr Hadid          

                                                Clr Hagarty

                                                Clr Karnib  

                                                Clr Kaliyanda

                                                Clr Shelton

 

Vote against:                         Clr Balloot         

                                                Clr Harle      

                                                Clr Rhodes   


Chief Executive Officer Report

 

 

ITEM NO:      CEO 01

FILE NO:        244624.2018

SUBJECT:     Council Meeting Dates - January to December 2019

 

RECOMMENDATION

 

That Council:

 

1.   Confirm the Council meeting time as 6.00pm and Council meeting dates for the 2019 calendar year as follows:

·    6 February 2019

·    27 February 2019

·    27 March 2019

·    24 April 2019

·    29 May 2019

·    26 June 2019

·    31 July 2019

·    28 August 2019

·    25 September 2019

·    28 October 2019

·    20 November 2019

·    11 December 2019

 

2.   Hold one Council meeting of 2019 (being the October 2019 meeting) in the rural area; and

 

3.   Place appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2019 calendar year. 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid         

 

That Council:

 

1.   Confirm the Council meeting time as 6.00pm and Council meeting dates for the 2019 calendar year as follows:

·    6 February 2019

·    27 February 2019

·    27 March 2019

·    17 April 2019

·    29 May 2019

·    26 June 2019

·    31 July 2019

·    28 August 2019

·    25 September 2019

·    28 October 2019

·    20 November 2019

·    11 December 2019

 

2.    Hold one Council meeting of 2019 (being the March 2019 meeting) in the rural area; and

 

3.    Place appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2019 calendar year.

 

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

 

 


 

ITEM NO:      CEO 02

FILE NO:        277265.2018

SUBJECT:     Annual Code of Conduct Complaints Report

 

RECOMMENDATION

 

That Council notes this report and the attached Complaints Statistics Report, submitted to the Office of Local Government.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid         

 

That Council:

 

1.    Notes this report and the attached Complaints Statistics Report, submitted to the Office of Local Government; and

 

2.    Be provided with a report outlining the number of conduct complaints and the cost of dealing with those complaints for the last five years.

 

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

 

 


13

Clr Hagarty, Clr Kaliyanda, Clr Rhodes and Clr Shelton left the Chambers at 7.11pm.

 

City Community and Culture Report

 

 

ITEM NO:      COM 01

FILE NO:        266616.2018

SUBJECT:     Grants, Donations and Corporate Sponsorship

 

RECOMMENDATION

 

That Council endorses the funding recommendation of $10,700 (GST exclusive) under the Community Grants Program for the following projects:

Applicant

Project

Recommended

NSW STARTTS

Comics for Causes

$4,500

Learning Links

Assessment Clinics

$3,000

The City of Liverpool & District Historical Society Inc.

Liverpool in 60 Items

$1,700

St John Ambulance Australia NSW

Emergency Equipment

$1,500

 

That Council endorses the funding recommendation of $41,800 (GST exclusive) under the Matching Grants Program for the following projects:

Applicant

Project

Recommended

Civic Disability Services

Civic Chill Zone

$15,000

Open Support

Child Wellbeing Program at Safe Haven

$15,000

Miracle Babies Foundation

Support for Dads and Multicultural Families

$11,800

 

That Council endorses the funding recommendation of $5,000 (GST exclusive) under the Sustainable Environment Grants Program for the following project:

Applicant

Project

Recommended

Anzac Village Preschool

Sustainable Garden

$5,000

 

 

 

 

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.        

 

 


15

Clr Rhodes and Clr Shelton returned to the Chambers at 7.12pm.    

 

Clr Hagarty and Clr Kaliyanda returned to the Chambers 7.13pm.

 

City Corporate Report                                                                      

 

 

ITEM NO:      CORP 01

FILE NO:        250299.2018

SUBJECT:     WSROC Membership - Cost/Benefit Analysis

 

RECOMMENDATION

 

That Council receive and note the report providing the cost/benefit analysis of Council’s membership of WSROC.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid                

 

That Council notes its ongoing support and membership of WSROC.

 

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

 


14

 

ITEM NO:      CORP 02

FILE NO:        274143.2018

SUBJECT:     Investment Report September 2018

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes              

 

That the recommendation be adopted.          

 

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

 


17

 

ITEM NO:      CORP 04

FILE NO:        282169.2018

SUBJECT:     Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons

 

RECOMMENDATION

 

That Council:

 

1.    Notes the annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2018, are now tabled before the Council in accordance with Section 450 (A) of the Local Government Act 1993; and

 

2.    Notes that the Chief Executive Officer will advise the Office of Local Government of the names of the staff who failed to lodge their completed annual pecuniary interest return by the due date (30 September 2018).

 

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.

 


16

 

ITEM NO:      CORP 05

FILE NO:        289500.2018

SUBJECT:     Liverpool Civic Place - Revised Proposal and Budget

 

RECOMMENDATION

 

That Council note the report of staff, and consider this report in company with the Addendum report presented to Council in relation to the Liverpool Civic Place project.

 

COUNCIL DECISION

That the recommendation be adopted.

 

Motion:                                  Moved: Clr Hagarty                       Seconded: Clr Rhodes

 

That this item be dealt with in Confidential Session at the end of the meeting, in conjunction with CONF 03.

 

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

 

 


19

 

Committee Reports

 

 

ITEM NO:      CTTE 01

FILE NO:        265155.2018

SUBJECT:     Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 6 September 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Community Safety and Crime Prevention Committee Meeting held on 6 September 2018; and

 

2.    Endorse the development of a Drug and Alcohol Policy for Liverpool in collaboration with the Community Safety and Crime Prevention Advisory Committee and include this as an action in the Community Safety and Crime Prevention Strategy Action Plan.

 

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.

 

 


19

ITEM NO:      CTTE 02

FILE NO:        267991.2018

SUBJECT:     Minutes of the Intermodal Committee Meeting held on 21 August 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Intermodal Committee Meeting held on 21 August 2018.

 

2.    Endorse the Committee recommendations that Council:

a)    Record any complaints received relating to the Intermodal development including details of those complaints and whether they have been referred to another agency. The committee to be provided with a quarterly report of all complaints received.

b)    Lobby RMS for construction of a heavy vehicle inspection station within the vicinity of the Moorebank Intermodal including appropriate emission testing of vehicles.

c)    Lobby relevant government agencies (State and Federal) to phase out high emission trucks and trains with modern, cleaner, low emission trucks and trains.

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Rhodes

 

That Council:

 

1.    Receives and notes the Minutes of the Intermodal Committee Meeting held on 21 August 2018.

 

2.    Endorse the Committee recommendations that Council:

a)    Record any complaints received relating to the Intermodal development including details of those complaints and whether they have been referred to another agency. The committee to be provided with a quarterly report of all complaints received.

b)    Lobby RMS for construction of a heavy vehicle inspection station within the vicinity of the Moorebank Intermodal including appropriate emission testing of vehicles.

c)    Lobby relevant government agencies (State and Federal) to phase out high emission trucks and trains with modern, cleaner, low emission trucks and trains.

 

3.    Investigate the possibility of publishing online the complaints received.

 

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


21

 

ITEM NO:      CTTE 03

FILE NO:        275412.2018

SUBJECT:     Minutes of the Environment Advisory Committee Meeting held on 21 August 2018

 

RECOMMENDATION

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 21 August 2018.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Harle      

 

That the recommendation be adopted.          

 

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

 

 

 


22

 

ITEM NO:      CTTE 04

FILE NO:        275522.2018

SUBJECT:     Minutes of the Local Traffic Committee Meeting held on 19 September 2018

 

RECOMMENDATION

 

That:

 

1.    Council approve the following recommendations of the Committee:

 

i)    Item 1 – Regentville Drive, Elizabeth Hills – Proposed traffic calming devices

·         Council approves the installation of the proposed asphalt speed threshold in the vicinity of House Numbers 95/97 and 15 Regentville Drive, Elizabeth Hills, subject to community consultation.

·         Council Investigates the need for a pedestrian refuge across Regentville Drive, adjacent to playgrounds and walking tracks and presents findings at the next Local Traffic Committee meeting.

 

ii)   Item 2 – McGirr Parade, Warwick Farm – Proposed parking restrictions

·         Council investigate ‘No Parking’ restrictions along one side of the street to allow safe two-way traffic movements.                    

·         Council approves a Bus Zone restriction along one side of McGirr Parade.

·         Council conducts a community consultation.

 

iii)  Item 3 – George Street and Collins Lane, Liverpool – Changes to the existing traffic arrangements

·         Council supports the installation of a central median in George Street, between Elizabeth Street and Collins Lane.

·         Council supports the installation of a stop sign at the University driveway and a median island in Collins Lane, as shown in Attachment 3.1.

·         Council provides a copy of detailed design of the proposed works to the Roads and Maritime Services and NSW Police Force for comments prior to installation.

 

iv)  Item 4 – Liverpool City Centre – Stop Domestic Violence street parade

·         Council classifies the event as a Class 2 Special Event.

·         Council approves the traffic aspect of the rolling street closures to be managed by the NSW Police Force.

·         All stakeholders be advised accordingly of Council’s resolution.

 

v)   Item 5 – Reilly Street, Liverpool – Proposed removal of an existing bus stop

·         Council approves the removal of the existing bus stop in front of 75 Reilly Street, Liverpool.

·         Council advises Interline Bus Services and Transport for NSW of its decision.

vi)  Item 6 – Items approved under Delegated Authority

·         Council notes the above delegated authority applications approved by the NSW Police and Roads and Maritime Services representatives.

·         Council submits a revised plan of the swept path on 30 Box Road, Casula for Roads and Maritime Services approval.

 

vii) Item 7 – Bus service between Miller and Carnes Hill shopping centres

·         Council approves the investigation of a bus route connecting Miller and Carnes Hill shopping centres.

·         An outcome of the investigation be provided at a future meeting.    

viii) Item 8 – Kurrajong Road and Wingham Road roundabout, Carnes Hill - Suggested road safety improvements

·         Council approves the installation of a guard rail along the south eastern corner of Kurrajong Road and Wingham Road intersection, and bollards, at the pedestrian refuges.

 

ix)  Item 9 – Liverpool City Centre – Review of existing parking arrangements close to medical centres

·         Council approves the installation of advisory “Pick Up & Set Down Only” signs at “No Parking” zones in the Liverpool City Centre.

·         Council approves the existing practice of addressing requests for “No Parking” zones on an individual basis and provided where practical.

·         Council approves the use of UV protection on all regulatory and advisory signs.

x)   Item 10 – Proposed Middleton Drive Extension Under M7 Motorway

·         Council approves the proposed Middleton Drive Extension under the M7 Motorway subject to the Roads and Maritime Services approval.

 

2.    In relation to Special Item 1 – Liverpool Local Traffic Committee - Proposed Name change, that Council does not approve the committee recommended renaming of the Local Traffic Committee to the Liverpool Pedestrian, Cyclist and Traffic Committee, and instead endorse the renaming as the Pedestrian, Active Transport and Traffic Committee.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda            

 

That:

 

1.    Council approve the following recommendations of the Committee:

 

 

i)    Item 1 – Regentville Drive, Elizabeth Hills – Proposed traffic calming devices

·         Council approves the installation of the proposed asphalt speed threshold in the vicinity of House Numbers 95/97 and 15 Regentville Drive, Elizabeth Hills, subject to community consultation.

·         Council Investigates the need for a pedestrian refuge across Regentville Drive, adjacent to playgrounds and walking tracks and presents findings at the next Local Traffic Committee meeting.

 

ii)   Item 2 – McGirr Parade, Warwick Farm – Proposed parking restrictions

·         Council investigate ‘No Parking’ restrictions along one side of the street to allow safe two-way traffic movements.                    

·         Council approves a Bus Zone restriction along one side of McGirr Parade.

·         Council conducts a community consultation.

 

iii)  Item 3 – George Street and Collins Lane, Liverpool – Changes to the existing traffic arrangements

·         Council supports the installation of a central median in George Street, between Elizabeth Street and Collins Lane.

·         Council supports the installation of a stop sign at the University driveway and a median island in Collins Lane, as shown in Attachment 3.1.

·         Council provides a copy of detailed design of the proposed works to the Roads and Maritime Services and NSW Police Force for comments prior to installation.

 

iv)  Item 4 – Liverpool City Centre – Stop Domestic Violence street parade

·         Council classifies the event as a Class 2 Special Event.

·         Council approves the traffic aspect of the rolling street closures to be managed by the NSW Police Force.

·         All stakeholders be advised accordingly of Council’s resolution.

 

v)   Item 5 – Reilly Street, Liverpool – Proposed removal of an existing bus stop

·         Be deferred until community consultation has been undertaken.

 

vi)  Item 6 – Items approved under Delegated Authority

·         Council notes the above delegated authority applications approved by the NSW Police and Roads and Maritime Services representatives.

·         Council submits a revised plan of the swept path on 30 Box Road, Casula for Roads and Maritime Services approval.

 

vii) Item 7 – Bus service between Miller and Carnes Hill shopping centres

·         Council approves the investigation of a bus route connecting Miller and Carnes Hill shopping centres.

·         An outcome of the investigation be provided at a future meeting.    

 

viii) Item 8 – Kurrajong Road and Wingham Road roundabout, Carnes Hill - Suggested road safety improvements

·         Council approves the installation of a guard rail along the south eastern corner of Kurrajong Road and Wingham Road intersection, and bollards, at the pedestrian refuges.

 

ix)  Item 9 – Liverpool City Centre – Review of existing parking arrangements close to medical centres

·         Council approves the installation of advisory “Pick Up & Set Down Only” signs at “No Parking” zones in the Liverpool City Centre.

·         Council approves the existing practice of addressing requests for “No Parking” zones on an individual basis and provided where practical.

·         Council approves the use of UV protection on all regulatory and advisory signs.

x)   Item 10 – Proposed Middleton Drive Extension Under M7 Motorway

·         Council approves the proposed Middleton Drive Extension under the M7 Motorway subject to the Roads and Maritime Services approval.

 

2.    In relation to Special Item 1 – Liverpool Local Traffic Committee - Proposed Name change, that Council does not approve the committee recommended renaming of the Local Traffic Committee to the Liverpool Pedestrian, Cyclist and Traffic Committee, and instead endorse the renaming as the Pedestrian, Active Transport and Traffic Committee. 

   

3.    Council look into the illegal removal of reflectors and steel poles in Cubitt Drive, Denham Court.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Hadid    

 

That:

 

1.    Council approve the following recommendations of the Committee:

 

i)    Item 1 – Regentville Drive, Elizabeth Hills – Proposed traffic calming devices

·         Council approves the installation of the proposed asphalt speed threshold in the vicinity of House Numbers 95/97 and 15 Regentville Drive, Elizabeth Hills, subject to community consultation.

·         Council Investigates the need for a pedestrian refuge across Regentville Drive, adjacent to playgrounds and walking tracks and presents findings at the next Local Traffic Committee meeting.

 

ii)   Item 2 – McGirr Parade, Warwick Farm – Proposed parking restrictions

·         Council investigate ‘No Parking’ restrictions along one side of the street to allow safe two-way traffic movements.                    

·         Council approves a Bus Zone restriction along one side of McGirr Parade.

·         Council conducts a community consultation.

 

iii)  Item 3 – George Street and Collins Lane, Liverpool – Changes to the existing traffic arrangements

·         Council supports the installation of a central median in George Street, between Elizabeth Street and Collins Lane.

·         Council supports the installation of a stop sign at the University driveway and a median island in Collins Lane, as shown in Attachment 3.1.

·         Council provides a copy of detailed design of the proposed works to the Roads and Maritime Services and NSW Police Force for comments prior to installation.

 

iv)  Item 4 – Liverpool City Centre – Stop Domestic Violence street parade

·         Council classifies the event as a Class 2 Special Event.

·         Council approves the traffic aspect of the rolling street closures to be managed by the NSW Police Force.

·         All stakeholders be advised accordingly of Council’s resolution.

 

v)   Item 5 – Reilly Street, Liverpool – Proposed removal of an existing bus stop

·         Council approves the removal of the existing bus stop in front of 75 Reilly Street, Liverpool.

·         Council advises Interline Bus Services and Transport for NSW of its decision.

vi)  Item 6 – Items approved under Delegated Authority

·         Council notes the above delegated authority applications approved by the NSW Police and Roads and Maritime Services representatives.

·         Council submits a revised plan of the swept path on 30 Box Road, Casula for Roads and Maritime Services approval.

 

vii) Item 7 – Bus service between Miller and Carnes Hill shopping centres

·         Council approves the investigation of a bus route connecting Miller and Carnes Hill shopping centres.

·         An outcome of the investigation be provided at a future meeting.    

viii) Item 8 – Kurrajong Road and Wingham Road roundabout, Carnes Hill - Suggested road safety improvements

·         Council approves the installation of a guard rail along the south eastern corner of Kurrajong Road and Wingham Road intersection, and bollards, at the pedestrian refuges.

 

ix)  Item 9 – Liverpool City Centre – Review of existing parking arrangements close to medical centres

·         Council approves the installation of advisory “Pick Up & Set Down Only” signs at “No Parking” zones in the Liverpool City Centre.

·         Council approves the existing practice of addressing requests for “No Parking” zones on an individual basis and provided where practical.

·         Council approves the use of UV protection on all regulatory and advisory signs.

x)   Item 10 – Proposed Middleton Drive Extension Under M7 Motorway

·         Council approves the proposed Middleton Drive Extension under the M7 Motorway subject to the Roads and Maritime Services approval.

 

2.    In relation to Special Item 1 – Liverpool Local Traffic Committee - Proposed Name change, that Council does not approve the committee recommended renaming of the Local Traffic Committee to the Liverpool Pedestrian, Cyclist and Traffic Committee, and instead endorse the renaming as the Pedestrian, Active Transport and Traffic Committee. 

 

3.    Council immediately remove the No Parking sign located on Macquarie Street, outside the medical centre.

 

4.    Council look into the illegal removal of reflectors and steel poles in Cubitt Drive, Denham Court.

 

Foreshadowed Motion        Moved: Clr Rhodes              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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

 

Division (for the motion moved by Clr Hagarty):         

 

Vote for:                                 Mayor Waller

Clr Hagarty

Clr Karnib

Clr Kaliyanda

Clr Shelton            

 

Vote against:                         Clr Ayyad

Clr Balloot  

Clr Hadchiti      

Clr Hadid         

Clr Harle      

Clr Rhodes

 

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

 

 

 


23

Clr Balloot left the Chambers at 7.40pm.

 

Clr Balloot returned to the Chambers at 7.42pm.

 

ITEM NO:      CTTE 05

FILE NO:        277143.2018

SUBJECT:     Minutes of the Liverpool Heritage Advisory Committee - 7 August 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool Heritage Advisory Committee Meeting held on 7 August 2018.

 

2.    Endorse the following recommendation of the Committee which will have an operational impact:

 

a)    That consideration be given for the Library Services Manager to make changes in the publicity for events to be held at the Museum, and provide separate branding for the Museum to distinguish it from the Library.

 

3.    Determine whether or not to endorse the following recommendation of the Committee which will have a financial impact:

 

a)    A report is to be developed on historical points of interest along the Georges River, located between Liverpool and the Georges River National Park.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle      

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool Heritage Advisory Committee Meeting held on 7 August 2018.

 

2.    Endorse the following recommendation of the Committee which will have an operational impact:

 

a)    That consideration be given for the Library Services Manager to make changes in the publicity for events to be held at the Museum, and provide separate branding for the Museum to distinguish it from the Library.

 

3.    Endorse the following recommendation of the Committee which will have a financial impact:

 

 

a)     A report is to be developed on historical points of interest along the Georges River, located between Liverpool and the Georges River National Park.

 

4.   The minutes be amended to reflect Clr Shelton was in attendance at the Heritage Committee meeting held on 7 August 2018.  

 

Foreshadowed motion:       Moved: Clr Hagarty              Seconded: Clr Kaliyanda      

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool Heritage Advisory Committee Meeting held on 7 August 2018.

 

2.    Endorse the following recommendation of the Committee which will have an operational impact:

a)      That consideration be given for the Library Services Manager to make changes in the publicity for events to be held at the Museum, and provide separate branding for the Museum to distinguish it from the Library.

 

3.    Amend the minutes to reflect Clr Shelton attended the committee meeting.

 

4.    Investigate whether historical points of interest are in the Heritage Western Sydney app and the cost of including additional points of interest.

 

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

 

 

 


 

ITEM NO:      CTTE 06

FILE NO:        279294.2018

SUBJECT:     Minutes of Liverpool Sports Committee Meeting held on 30 August 2018

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 30 August 2018.

 

2.    Endorses the funding recommendation made by the Liverpool Sports Committee of $700 under the Sporting Donations for the following applicants:

Applicant

Eligibility

Recommendation

Kirrily Wood

Local Resident – Luddenham

Representing NSW at the School Sport Australia 12 Years & Under Basketball Championships (Basketball) held in Darwin Australia from 11-17 August 2018

$200

Quinn Johnson

Local Resident – Moorebank

Representing Australia at the U15’s World Cup (Baseball) held in Chitre’ Panama Central America from 10-19 August 2018

$500

 

3.    Endorses the funding recommendation made by the Liverpool Sports Committee of $1,800 under the Sporting Donations for the following applicants (pending the provision of further information):

Applicant

Eligibility

Recommendation

Maddison Kirk

Local Resident – Bringelly

Representing Australia at the 2018 TransPacific Cup (Netball) held in Port Moresby Papua New Guinea from 27 August - 2 September 2018

$500

Pending further information on the selection body.

Thomas Hine

Local Resident – Hammondville

Representing Australia at the International Triathlon Union World Age Group Multisport Championship (Triathlon) held in Odense, Fyn Denmark from 5-14 July 2018

$500

Pending further information on selection.

Mereana Peyroux

Local Resident – Miller

Representing Australia at the Wina 2018 Aged Tri-Series (Indoor Netball) held in Johannesburg South Africa from 14-20 October 2018

$500

Pending further information on selection.

Max Clissold

Local Resident – Chipping Norton

Representing NSW at the Australian Junior National Indoor Cricket Championships (Indoor Cricket) held in Toowoomba Queensland from 7 July to 14 July 2018

$300

Pending further information on selection.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadid         

 

That the recommendation be adopted.          

 

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

 

Mayor Waller called a recess of Council at 7.49pm.

 

 


26

Mayor Waller reopened the meeting at 8.02pm with all Councillors present except Clr Kaliyanda.

 

Questions with Notice

 

 

ITEM NO:      QWN 01

FILE NO:        279670.2018

SUBJECT:     Question with Notice - Clr Hagarty

 

Department of Planning ‘black hole’

 

A report published in The Sunday Telegraph on September 2 blames 'bungling bureaucrats' for a $10.6 million black hole in the Department of Planning’s Special Infrastructure Contributions Assessment Fund. Money for the fund is levied on developers and used public amenities such as roads, healthcare, schools and parks.

 

According to the report the funding black hole "relates to 14 major ­developments in Camden, Liverpool, Campbelltown, Blacktown and The Hills council areas."

 

Please address the following:

 

Is Council aware:

 

1.    How much of the $10.6 million was intended for Liverpool?

 

Council is aware of the newspaper article. Council sought comment from the Department of Planning and Environment, who advised that the article was inaccurate. The Department has advised that there are no “missing funds” from the Special Infrastructure Contributions account, and therefore there are no impacts to projects funded in Liverpool.

 

2.    What infrastructure projects are to be delivered through this fund?

 

The NSW Department of Planning and Environment has recently executed six grants with Liverpool City Council for the planning and design of six projects with funds from the Special Infrastructure Contribution (SIC) fund. These projects include:

 

1.   Fifteenth Avenue Part 1 (Stage 1) - (Cowpasture Road and Devonshire Road/Kemps Creek)

2.   Denham Court Road (Commissioners Drive to Campbelltown Road)

3.   Edmondson Avenue Upgrade (Stage 1) Design and Acquisition 

4.   Edmondson Avenue Upgrade (Stage 2) Design and Acquisition 

5.   Bus Depot at Austral

6.   Fifteenth Avenue Part 1 - (Stage 2 -3)

 

This is in addition to Bernera Avenue, which is a road upgrade project being delivered by Liverpool City Council and part funded under the Housing Acceleration Fund (Restart NSW).

 

3.    Given the black hole, how long will these projects now be delayed?

 

As noted above, as the Department has advised that there are no missing funds. The Department has advised that they are committed to the funding and ultimate delivery of these projects which are key regional infrastructure items to service the South West Growth Centre, and have further advised that they will continue to work with Council to ensure the key milestones established under the agreements executed with Council are achieved.

 

 

 

 

 

 


27

 

ITEM NO:      QWN 02

FILE NO:        279820.2018

SUBJECT:     Question with Notice - Clr Hagarty

 

Truck Parking

 

Trucks parking in residential areas has been an ongoing problem in the LGA. Despite designated areas for Long Stay Truck Parking the problem persists. While we can and do fine truck owners, some see this as a cost of doing business. Beyond that, our enforcement powers seem limited.

 

QUESTION

 

Does Council have the ability to restrict the size of vehicles that can access a given road and erect signage to that effect?

 

RESPONSE

 

Under RMS delegation to Councils to regulate traffic on its local road network, Council has the ability to restrict the size and length of vehicles that can access sections of the local road network.

This can be done with the installation of the appropriate signage which requires the Local Traffic Committee’s support and a Traffic Management Plan approved by the RMS.

In addition, freight companies require approval from the National Heavy Vehicle Regulator (NHVR) to use haulage routes where such routes include Council’s local road network. NHVR requires Council’s approval. Through this process, Council can restrict the size and length of vehicles that travel on the local road network.

Furthermore, under the NSW Road Rules, it is an offence to stand a heavy/long vehicle (with a Gross Vehicle Mass of 4.5 tonne or greater or longer than 7.5m) on a street in a built-up area for longer than 1 hour, unless the driver is permitted to stop by information on street sign.

 

Motion:                                   Moved: Clr Hagarty              Seconded: Clr Rhodes       

 

That Council staff come back to Council with a report on additional options for enforcement of trucks not legally parked, especially in residential areas

 

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

 

 

 

 


35

Clr Hadid returned to the Chambers 8.11pm.

 

ITEM NO:      QWN 03

FILE NO:        279828.2018

SUBJECT:     Question with Notice - Clr Rhodes

 

BACKGROUND

 

Motion: put at the July Council Meeting That Liverpool Council

 

Write to Senator the Hon Marise Payne, Minister for Defence (Australia) to confirm Liverpool Council’s collaborative support for the Georges River Koala Network in recognizing the presence of the last disease-free colony of koalas in Australia, their presence in the Holsworthy Military Training Area and the need for a dialogue to commence with the Community, Army and Georges River Koala Network to initiate actions to ensure the preservation of this koala colony.

 

Please address the following:

 

1.   What action has Council taken to implement the motion adopted at the July Council meeting 2018 to progress Council’s efforts to protect the koala in South West Sydney?

2.   Was contact made with Marise Payne and what was the response?

3.   Has Council made contact with the Georges River Koala Network in order to collaborate and commence dialogue with the Army to initiate actions to ensure the preservation of the koala colony?

 

RESPONSE

                           

Council wrote to the current Minister for Defence, Christopher Pyne, with regards to the conservation of koala habitats. At this stage, Council has not received a response. Councillors will be provided with any response received from the minister.

 

Further, Council is actively working with neighbouring land managers, including State Agencies, to improve conservation outcomes for the koalas of the Macarthur Region. This includes initiatives to install wildlife warning road signs in koala strike hotspots and working with Roads and Maritime Services (RMS) on the Heathcote Road upgrade project to ensure adequate consideration for safe wildlife movements. Council staff participated in the SaveOurKoala Summit 2018, hosted by Wollondilly Council in September, to express its support of the initiatives to develop Koala Management Strategy for the southwest region.

 

Council has also been in contact with the Total Environment Centre who has advised Council that the Georges River Koala Network will be seeking to engage with Councils on the management of koalas through the Georges Riverkeeper (GRCCC). The Network has indicated that they will be seeking Local Government support for a proposal to create two Koala Regional Parks in Campbelltown and Wollondilly LGAs.

 

As the Georges River Koala Network is a collection of community groups within the region, Council’s dealings with the group have been limited to date. They are currently gathering signatures for their own petition for additional planning and physical protection of koala in the MacArthur region, which is available on the Total Environment Centre website.

 

Council will continue to tap into existing networks, community groups and government agencies to increase awareness and promote koala conservation in the region.

 

Motion:                         Moved: Clr Rhodes                        Seconded: Clr Balloot

 

That Council:

 

  1. Write to the Minister for Roads, Maritime and Freight requesting variable message signs (VMS) along Heathcote Road, Moorebank, Australis and Anzac Avenues with wildlife crossing signs; and
  2. Consider the following matters in the upcoming LEP review workshop and provide a report back to Council by February 2019 that identifies cost to include and implement:

a)      Consider a preservation corridor route with the suggested setbacks of 425m river and 250m creeks for koala/wildlife traversing through the Liverpool LGA along the Georges river from Campbelltown, connecting to the Holsworthy Army land and any known sub colony areas in the Liverpool LGA;

 

b)      Investigate the cost of implementing the planting koala Food Trees along the corridor routes;

 

c)       Investigate the cost of a wildlife fencing plan along Heathcote Road that includes a channelling fence directing wildlife below Deadmans Creek bridge which is recognised as a koala kill hotspot; and

 

d)      Wildlife crossings across the Georges River and identified road kill hotspots in the Liverpool LGA.

 

  1. Congratulate all efforts to action the protection of koalas in South West Sydney, which could include the:

 

·         Establishment of a 4000 hectare Koala National Park in southwest Sydney; and

 

·         Welcome all money to establish better koala care in South West Sydney.

 

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

 

 

 


37

 

ITEM NO:      QWN 04

FILE NO:        290042.2018

SUBJECT:     Question with Notice - Clr Ayyad

 

It has been brought to my attention that some DA consents are given deferred commencements, to secure easements from Council or neighbouring properties, while others are not.

 

Please address the following:

 

1.    What is Council’s policy regarding deferred commencements for drainage easements?

 

2.    What is Council’s policy regarding approved drainage easements and commencements, for those that are not deferred when approved at the same time as a DA?

 

3.    What are the processes for both Council property and private easements?

 

4.    How do easements affect the processing of DA’s, specifically smaller DA’s for example R3 town houses and duplexes?

 

5.    Any other information in relation to easements and how they affect DA’s.

 

 

A response to this Question with Notice will be provided in the November 2018 Council Meeting Business Papers.

 

 

 

 

 


 

ITEM NO:      QWN 05

FILE NO:        290110.2018

SUBJECT:     Question with Notice - Clr Ayyad

 

Please address the following:

 

Is there any circumstance that allows a Councillor or the Mayor to approve expenditure of Council funds without a prior resolution of Council?

 

If so, can you highlight which section of the Local Government Act allows this, and under which circumstances.

 

 

A response to this Question with Notice will be provided in the November 2018 Council Meeting Business Papers.

 

  

 


39

 

Notices of Motion

 

 

ITEM NO:      NOM 01

FILE NO:        288654.2018

SUBJECT:     Welcome to Liverpool and Orientation

 

BACKGROUND

 

The proximity of Holsworthy Barracks and Training Ground means that many military service people and their families settle in the Liverpool LGA. Some may stay for a short period of time, whilst others find a new home within our community.

 

The Australian Defence Force provides relocation assistance to all serving personnel and their families, both physically and through the provision of support and information during the transition process.

 

Quite frequently, the service-person and their families have no previous knowledge of Liverpool and our surrounding areas and rely on word of mouth from contacts within the ADF.

 

Cities like Adelaide and Brisbane take a more proactive approach to engaging with the military communities in their midst by collaborating with local contacts to develop orientation information and material that will help military service people and their families engage more totally in the community.

 

With the many recent and planned changes to the Liverpool LGA, it would be to the great benefit of the local community that orientation information and an introduction to the LGA be provided.

 

NOTICE OF MOTION

 

That Council:

 

1.   Establish a relationship with the Defence Community Organisation (DCO) at Holsworthy Barracks;

 

2.   Develop an orientation or welcome pack with introductory information about services and amenities in the Liverpool LGA; and

 

3.   Work with the DCO to develop an ongoing method or process of sharing information of value to the local defence community.

 

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hagarty            

 

That Council:

 

1.    Establish a relationship with the Defence Community Organisation (DCO) at Holsworthy Barracks; and

 

2.    Develop an orientation or welcome pack with introductory information about services and amenities in the Liverpool LGA; and

 

3.    Work with the DCO to develop an ongoing method or process of sharing information of value to the local defence community; and

 

4.    Develop a welcome page to service all new residents in our LGA network.      

 

Foreshadowed Motion:       Moved: Clr Rhodes              Seconded: Clr Harle                   

 

That Council:

 

1.    Develop an online orientation welcome pack with introductory information about services and amenities in the Liverpool LGA;

 

2.    Distribute such information to the defence community and all new development areas through social network programs;

 

3.    Develop a welcome page to service all new residents in our LGA network;

 

4.    Develop an online orientation in English and also in the top three most spoken languages in Liverpool, including a range of services and facilities available; and

 

5.    Liaise with the Department of Defence to identify the specific needs of the defence families and have this included in the orientation packs, with a link on the orientation web page to be provided to defence families.

 

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

 

 

 


Clr Ayyad left the Chambers at 8.48pm.  

 

Clr Ayyad returned to the Chambers 8.51pm.  

 

Clr Balloot left the Chambers at 9.14pm.  

 

Clr Balloot returned to the Chambers 9.16pm.

 

ITEM NO:      NOM 02

FILE NO:        289991.2018

SUBJECT:     Smoking

 

BACKGROUND

 

Given Mayor Jilly GIBSON of North Sydney Council has recently put forward a motion with the unanimous backing of her Councillors to ban smoking in the NORTH SYDNEY CBD and the Northern Tablelands town of GLEN INNES introduced a smoking ban across its CBD in 2015 and given the extensive community consultation already carried out by this Council with respect to the question of smoking in Macquarie Mall which showed overwhelming support for such a course of action and given comments by Councillors in recent months that such a ban should extend to the CBD as a whole the following motion is proposed.

 

NOTICE OF MOTION (submitted by Clrs Shelton, Rhodes and Harle)

 

That this Council shall forthwith commence the implementation of a policy to prohibit smoking throughout the public areas of the Central Business District of LIVERPOOL including the following features:

 

1.   Appropriate signage shall be erected;

 

2.   The Communications Department be directed to implement an appropriate communication/education campaign;

 

3.   Licence agreements for marquees in Macquarie Mall shall be progressively updated to introduce a clause requiring reasonable steps to ensure patrons do not smoke; and

 

4.   That Council does not otherwise adopt an enforcement strategy through its rangers.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle      

 

That this Council shall forthwith commence the implementation of a policy to prohibit smoking throughout the public areas of the Central Business District of LIVERPOOL including the following features:

 

1.    Appropriate signage shall be erected; and

 

2.    The CEO direct the Communications Department to implement an appropriate communication/education campaign; and

 

3.    Licence agreements for marquees in Macquarie Mall shall be progressively updated to introduce a clause requiring reasonable steps to ensure patrons do not smoke; and

 

4.    That Council does not otherwise adopt an enforcement strategy through its rangers; and

 

5.    That Council receives a report at the end of a 12 month period.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Hadid       

 

That:

 

1.    This Council shall forthwith commence the implementation of a policy to prohibit smoking throughout the areas currently designated as no smoking zones; and

 

2.    Council does not otherwise adopt an enforcement strategy through its rangers; and

 

3.    The CEO direct the Communications Department to implement an appropriate communication/education campaign; and

 

4.    Council receive a report at the end of a 12 month period, including information on how the policy has been managed, what the response has been and general feedback; and

 

5.    “No Smoking” signs be erected around all playgrounds in the whole Liverpool LGA.

 

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.

   

 


43

 

Confidential Items

 

 

ITEM NO:      CONF 01

FILE NO:        263063.2018

SUBJECT:     Fire and Rescue NSW Referrals

 

RECOMMENDATION

 

That Council:

 

1.   In relation to 84-88 Campbell Street Liverpool

a)    note the inspection report by Fire and Rescue NSW, as shown in Attachment A,

b)    exercise its power to issue a Fire Safety Order as recommended by Council’s Fire safety Officer to address the identified fire safety deficiencies at 84-88 Campbell Street Liverpool.

 

2.   In relation to 25-27 Castlereagh Street Liverpool

a)    note the inspection report by Fire and Rescue NSW, as shown in Attachment A,

b)    exercise its power to issue a Fire Safety Order as recommended by Council’s Fire safety Officer to address the identified fire safety deficiencies at 25-27 Castlereagh Street Liverpool.

 

3.   In relation to 1 Ingham Place Casula

a)    note the inspection report by Fire and Rescue NSW, as shown in Attachment A,

b)    not exercise its powers to issue a Fire Safety Order at this time.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda            

 

That the recommendation be adopted.

 

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

 

 

 


35

COUNCIL IN CLOSED SESSION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle      

 

That Council move into closed session to deal with items CONF 02 & CONF 03.

 

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

 

Mayor Waller then advised that Council would now move into Closed Session to deal with Item CONF 02 Legal Affairs Report: 1 July 2018 - 30 September 2018 & CONF 03 Liverpool Civic Place - Revised Proposal and Budget pursuant to:

·         s10(A)(2)(g) of the Local Government Act because it contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

·         s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

Council moved into Closed Session at 9.29pm. 

 

The Mayor called for a short recess of Council at 9.29pm to allow time for the members of the gallery to leave the Chambers.

 

Mayor Waller reopened the meeting at 9.33pm with all Councillors present, except Clrs Hadchiti and Hadid.

    

Clr Hadid returned to the Chambers 9.34pm.   

  

Clr Hadchiti returned to the Chambers 9.35pm.

 

ITEM NO:      CONF 02

FILE NO:        283416.2018

SUBJECT:     Legal Affairs Report: 1 July 2018 - 30 September 2018

 

RECOMMENDATION

 

That Council receives and notes the report concerning the legal affairs of Liverpool City Council.

 

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.

 


CORP 05 and CONF 03 dealing with “Liverpool Civic Place – Revised Proposal and Budget” were dealt with together.

 

Clr Hadchiti left the Chambers at 9.47pm.

 

Clr Hadchiti returned to the Chambers 9.48pm.      

 

Clr Hadchiti left to the Chambers 10.09pm.  

 

Clr Hadchiti returned to the Chambers at 10.12pm.

 

ITEM NO:      CONF 03

FILE NO:        293602.2018

SUBJECT:     Liverpool Civic Place - Revised Proposal and Budget

 

RECOMMENDATION

 

That Council:

 

1.    Directs, and delegates authority to, the CEO to progress the Liverpool Civic Place development, in accordance with the proposed project scope and budget outlined in the report of staff;

 

2.   Confirms the engagement of Built Holdings Pty Ltd to progress the project in accordance with the proposed project scope, subject to the provisions of s.55(3) of the Local Government Act 1993, for the following reasons:

a.    The project has previously been comprehensively market tested, with Built Holdings Pty Ltd being the successful proponent;

b.    The proposed project elements, being a hotel and neighbouring tower (as Developer Works), and a Council commercial tower and library (as Council Works) with associated underground parking, and the site location, remain unchanged;

c.    The project scope and budget have been subject to a comprehensive, independent quantity survey and feasibility study, confirming that the proposed pricing and budget are competitive and consistent with market rates;

d.    The time to re-commit the project to the market would delay the final delivery of the project by an estimated 12 months, which would delay the delivery of these critical assets to the market, and would further delay the relocation of Council’s offices, and consequentially, the proposed revision of use of Council’s existing facilities;

e.    Cancelling the contract with Built Holdings Pty Ltd would subject Council to absorb significant fixed costs, as detailed in the report of staff;

 

f.     To recommit the project to market, in the absence of a significant change in the project elements, could result in a detrimental effect to Council’s reputation, and possibly impact Council’s future capacity to deliver large-scale property works.

 

3.    Delegate authority to the CEO to negotiate and execute any changes to the Project Development Agreement with Built Holdings Pty Ltd, subject to legal advice, and direct the CEO to report any such amendments to the Strategic Panel, once agreed;

 

4.    Delegate authority to the CEO to complete and submit any required application documentation to NSW Treasury Corporation to secure loan funding for the proposed project on behalf of Council, as outlined in the report of staff;

 

5.   Keeps confidential the attachment supplied under separate cover pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

                                  

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid         

 

The recommendation for item CORP 05 on page 176 of the Council Agenda advising of an Addendum Report (being CONF 03) be noted.

 

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

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid                      

 

That Council:

 

1.    Directs, and delegates authority to, the CEO to do all things necessary to progress the Liverpool Civic Place development, in accordance with the proposed project scope and budget outlined in the report of staff;

 

2.    Direct the CEO to explore an expansion of the project to include an estimated 500 car parking places as part of the Council works, exploring all different car parking options, including car stackers, and bring a revised project budget and funding strategy to Council for consideration by the end of 2018;

 

3.    Confirms the engagement of Built Holdings Pty Ltd to progress the project in accordance with the proposed project scope, subject to the provisions of s.55(3) of the Local Government Act 1993, for the following reasons:

a.      The project has previously been comprehensively market tested, with Built Holdings Pty Ltd being the successful proponent;

b.      The proposed project elements, being a hotel and neighbouring tower (as Developer Works), and a Council commercial tower and library (as Council Works) with associated underground parking, and the site location, remain unchanged;

c.      The project scope and budget have been subject to a comprehensive, independent quantity survey and feasibility study, confirming that the proposed pricing and budget are competitive and consistent with market rates;

d.      The time to re-commit the project to the market would delay the final delivery of the project by an estimated 12 months, which would delay the delivery of these critical assets to the market, and would further delay the relocation of Council’s offices, and consequentially, the proposed revision of use of Council’s existing facilities;

e.      Cancelling the contract with Built Holdings Pty Ltd would subject Council to absorb significant fixed costs, as detailed in the report of staff;

f.       To recommit the project to market, in the absence of a significant change in the project elements, could result in a detrimental effect to Council’s reputation, and possibly impact Council’s future capacity to deliver large-scale property works.

 

4.    Delegate authority to the CEO to negotiate and execute any changes to the Project Development Agreement with Built Holdings Pty Ltd, subject to legal advice, and direct the CEO to report any such amendments to the Strategic Panel, once agreed;

 

5.    Direct the CEO to ensure that any revised Project Development Agreement entered into over the development of Liverpool Civic Place allows expansion to permit additional parking, following consideration of this matter by the Council;

 

6.      Delegate authority to the CEO to complete and submit any required application documentation to NSW Treasury Corporation to secure loan funding for the proposed project on behalf of Council, as outlined in the report of staff;

 

7.      Keeps confidential the attachment supplied under separate cover pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business; and

 

8.    Stacked parking be examined within the Liverpool CBD.

 

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

 

Council moved back into Open Session at 10.18pm and Mayor Waller read the resolutions that were passed in Closed Session.

 


 

 

THE MEETING CLOSED AT 10.19pm

 

 

<Signature>

Name: Wendy Waller

Title:     Mayor

Date:     21 November 2018

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  29 October 2018. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.