MINUTES OF THE Ordinary Meeting

HELD ON 21 November 2018

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

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 Peter Paterson, 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 Father

PRAYER OF COUNCIL AND Anthony Morgan from St George and Prince Tadros

AFFIRMATION TO BE READ BY Coptic Orthodox Church.

NATIONAL ANTHEM The National Anthem performed and recorded by

Rebekah Ferro was played at the meeting.

Motion: Moved: Clr Hadid Seconded: Clr Karnib

APOLOGIES Clr Balloot

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

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Rhodes

That the minutes of the Ordinary Meeting held on 29 October 2018 be confirmed as a true record of that meeting.

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

Declarations of Interest

Mayor Waller declared a non-pecuniary, less than significant interest in the following item:

Item: CONF 01 - Environment Advisory Committee - Appointment of Committee Members and Amendments to Charter

Reason: One of the nominees is known to Mayor Waller.

Mayor Waller remained in the Chambers for the duration of this item.

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

Item: CONF 01 - Environment Advisory Committee - Appointment of Committee Members and Amendments to Charter

Reason: One of the nominees is known to Clr Hagarty.

Clr Hagarty remained in the Chambers for the duration of this item.

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

Item: CONF 01 - Environment Advisory Committee - Appointment of Committee Members and Amendments to Charter

Reason: Some of the nominees are known to Clr Rhodes.

Clr Rhodes remained in the Chambers for the duration of this item.

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

Item: CONF 03 - 2019 Australia Day Awards.

Reason: Two of the nominees are known to Clr Rhodes

Clr Rhodes remained in the Chambers for the duration of this item.

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

Item: CONF 01 - Environment Advisory Committee - Appointment of Committee Members and Amendments to Charter

Reason: One of the applicants is known to Clr Kaliyanda.

Clr Kaliyanda left the Chambers for the duration of this item.

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

Item: CONF 01 - Environment Advisory Committee - Appointment of Committee Members and Amendments to Charter

Reason: One of the applicants is known to Clr Karnib.

Clr Karnib remained in the Chambers for the duration of this item.

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

Item: CONF 03 – Australia Day Awards 2019.

Reason: Clr Hagarty gave a reference for one of the nominees.

Clr Hagarty left the Chambers for the duration of this item.

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

Item: CONF 03 - 2019 Australia Day Awards.

Reason: One of the nominees is known to Clr Kaliyanda.

Clr Kaliyanda left the Chambers for the duration of this item

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

Item: CTTE 05 – Endorsement of Liverpool Community Safety and Crime Prevention Advisory Committee 2018-2020.

Reason: Clr Hagarty is on the board of an organisation nominated.

Clr Hagarty left the Chambers for the duration of this item.

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

Item: CONF 05 – Tourism & CBD Committee Community Representatives.

Reason: Some of the nominees are known to Clr Rhodes.

Clr Rhodes remained in the Chambers for the duration of this item.

Public Forum

Presentation – items not on agenda

1. Ms Carrie Alvaro addressed Council on the following matter:

Elizabeth Hills Traffic Conditions.

Motion: Moved: Clr Rhodes Seconded: Clr Hadid

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 Tom Forrest (Applicant’s representative – from Nelcorb Pty Ltd) addressed Council on the following item:

EGROW 06 – Proposal to Rezone 315 and 335 Denham Court Road, Denham Court from E4 (Environmental Living) to R2 (Low Density Residential).

Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

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

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

Motion: Moved: Clr Hadid Seconded: Clr Ayyad

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

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

Mayoral Minute

ITEM NO: MAYOR 01

FILE NO: 323821.2018

SUBJECT: Recognition of Council’s Achievements

In the past three months, Liverpool City Council has won three important awards for innovative projects and campaigns that have made our city a better place to live, work and learn.

In September, Liverpool City Council’s Smart Pedestrian Project won an award in the category Best Local Government Initiative at the Committee for Sydney’s Smart City Awards. The victory marks the second year in a row that Council has taken home this award. The judging panel recognised the project as a ground-breaking initiative that will revolutionise urban design and traffic management in the city.

In October, the Liverpool Innovation Precinct committee received the Public Relations Institute of Australia’s Golden Target Award for best national Advocacy and Public Affairs Campaign. The award recognised the committee’s campaign for the Liverpool Hospital upgrade, which secured a $740 million budget commitment from the NSW Government.

Receiving such a prestigious award highlights the successful collaborative efforts between Council, Sydney Business Chamber and South West Sydney Area Health Service on the Liverpool Innovation Precinct committee.

In November, Liverpool City Council took home a Premier’s Award in the category ‘Transforming residential approval’ for our FastTrack@LiverpoolCityCouncil program. The program was praised for the innovative way it streamlined approval processes. Almost 180 applications are approved in one day, a dramatic improvement on the previous 75-day approval timeline.

Winning these awards is a testament to Council’s efforts as an ambitious, courageous and collaborative organisation that aspires to do great things for ourselves, our community and our growing city.

RECOMMENDATION

That Council acknowledges the hard work of the staff involved in the award-winning projects and campaigns and congratulates them on their success and write to staff involved.

Motion Moved: Mayor Waller

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

ITEM NO: MAYOR 02

FILE NO: 323827.2018

SUBJECT: Success of Liverpool Remembers

To commemorate the Centenary of Armistice, Liverpool City Council organised a series of events and exhibitions under a program called Liverpool Remembers. From 20 October 2018 to 11 November 2018, Liverpool hosted four events: Peace Comes to Liverpool, Visions of Peace, Freedom of Entry Parade and Liverpool Remembers Centenary of Armistice.

Our city centre came alive with the spirit of commemoration. Innovative screen projections beamed historical photos and community stories onto buildings and walls. Visions of Peace was the first project of its kind to be displayed in our city. Exhibitions, commemorative ceremonies and marches brought many members of the community together.

The careful organisation and execution of each event ensured that our community could properly honour our servicemen and servicewomen. Our city also had a chance to pause and reflect on the importance of freedom, peace and harmony.

RECOMMENDATION

That Council acknowledge the work undertaken by Council staff and congratulate them in putting the Liverpool Remembers program together, in particular the Visions of Peace digital project, the Freedom of Entry Parade and the Remembrance Day commemoration and write to staff involved.

Motion Moved: Mayor Waller

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

MOTION OF URGENCY

Clr Hagarty requested that the matter and motion below be dealt with at this meeting.

In accordance with Clause 16.62 of Council’s Code of Meeting Practice, the Mayor ruled that the business proposed was a matter of urgency and as such, was dealt with at this meeting.

Background (as provided by Clr Hagarty)

In the last week I have been contacted by three separate residents regarding similar issues with traffic incidents. The three involve intersections or stretches of road already earmarked for safety upgrades or speed assessments. All three have seen accidents in the last week.

1. A woman at Regentville Drive, Elizabeth Hills had the driver’s side door ripped off her car by a speeding motorist last weekend. Thankfully she is fine. Council approved two traffic calming devices for this stretch of road at the October meeting.

2. The fourth accident in as many months occurred at the intersection of Buchan and Jardine Drives, Edmondson Park last Tuesday. This intersection was approved for a roundabout the August Council Meeting. A child care centre is scheduled to open at the intersection early next year.

3. Feodore Drive Cecil Hills has been the site of numerous minor accidents, I'm aware of at least two in the last month, and will be subject to a speed assessment. One of two major entry exit points into Cecil Hills, Sandringham Drive, which connects up with Feodore Drive, was the site of a fatality in January this year when a retired priest was struck and killed by a speeding driver.

While the process appears to be working, I worry that it is not working fast enough for riskier sites, as the above examples seem to suggest.

Motion: Moved: Clr Hagarty Seconded: Clr Hadid

That Council:

1. Review relevant policies and procedures in consultation with relevant external parties such as RMS and Police with a view to allowing a quicker process for riskier sites;

2. Move as quick as is practically possible on scheduled works and assessments for the following:

· traffic calming devices along Regentville Drive Elizabeth Hills.

· roundabout at Jardine and Buchan Avenue Edmondson Park.

· speed assessment and potential works along Feodore Drive Cecil Hills.

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

City Economy and Growth Report

ITEM NO: EGROW 01

FILE NO: 285284.2018

SUBJECT: Draft amendment to the Liverpool Development Control Plan 2008 - Second / Multiple Driveways

RECOMMENDATION

That Council:

1. Endorses and places the draft amendment to the Liverpool Development Control Plan 2008 on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000; and

2. Delegates to the CEO the finalisation of the draft Development Control Plan should no submissions be received; or reports back to Council the details of the submissions upon conclusion of the exhibition period.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

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 04

FILE NO: 300737.2018

SUBJECT: Voluntary Planning Agreement in conjunction with DA-407/2017/A at 24 Bernera Road, Prestons

RECOMMENDATION

That Council:

1. Endorse the attached VPA for a monetary contribution towards the upgrade of the Bernera Road/Yarrunga Road/Yato Road intersection and directs the CEO to publicly exhibit the VPA and accompanying explanatory note for a period of 28 days;

2. Delegate authority to the CEO, subject to consideration of any changes following public exhibition, to execute the planning agreement in the form that is publicly exhibited or with minor alterations;

3. Note that if changes other than minor changes arise from the public exhibition process these will be reported back to Council;

4. Note that this delegation is within the powers that can be delegated under Section 377 of the Local Government Act 1993;

5. Note that any planning agreement will be subject to approval of development application DA-407/2017/A;

6. Note that in accepting the proposed offer to enter into a planning agreement, Council retains full discretion to determine development application DA-407/2017/A on its merits in accordance with the requirements of the Environmental Planning and Assessment Act 1979; and

7. Endorse the proposed approach of collection of funding for the upgrade of the intersection of Bernera Rd/Yarrunga/Yato Rd through the negotiation of VPA’s with developers of significant development sites in proximity to this intersection.

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.

Councillors voted unanimously for this motion.

ITEM NO: EGROW 06

FILE NO: 302549.2018

SUBJECT: Proposal to rezone 315 and 335 Denham Court Road, Denham Court from E4 - Environmental Living to R2 - Low Density Residential

RECOMMENDATION

That Council:

1. Does not support the proposed rezoning of 315 and 335 Denham Court Road, Denham Court from E4 – Environmental Living to R2 – Low Density Residential because the proposal lacks strategic merit;

2. Do not forward to the Department of Planning and Environment for a Gateway Determination;

3. Notify the applicant of Council’s decision.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hadid Seconded: Clr Hadchiti

1. That the planning proposal be revised as follows:

a) Retain as an E4 zone;

b) Have a minimum lot size of 600sqm;

c) Introduce a maximum dwelling cap of 44.

2. That the amended planning proposal be referred to the Department of Planning and Environment for a Gateway Determination.

3. Should this be required to go back to the Local Planning Panel, that Council do so prior to referring it to the Department of Planning and Environment for a Gateway Determination.

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

Vote for: Mayor Waller

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

Vote against: Clr Ayyad

Clr Hadchiti

Clr Hadid

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 303408.2018

SUBJECT: Councillor Briefings

RECOMMENDATION

That Council endorse the Councillor Briefing Procedure.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Shelton

That the recommendation be adopted subject to the following changes:

1. That Council adopt a more flexible meeting schedule that allows for Councillor Briefing Sessions to be held both during and after normal business hours;

2. Amend Clause 13.5 to add the following words at the end of the clause:

“Or at the discretion of the Chief Executive Officer”.

So that 13.5 reads:

13.5 How often can a Councillor participate remotely?

As physical attendance is the preferred method of participation and in order to maintain human relationships through physical proximity, Councillors will only be authorised to participate remotely up to three times per annum, or at the discretion of the Chief Executive Officer.

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

Clr Hagarty returned to the Chambers at 8.33pm.

Questions with Notice

ITEM NO: QWN 01

FILE NO: 295795.2018

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?

It is common practice for Council to issue a deferred commencement development consent requiring the creation of the easement on title, before the consent becomes operative. A deferred commencement consent will however only be issued once the applicant has obtained in-principle owner’s consent from the land owner on which the easement is proposed.

In the event that the owner of the land retracts their consent during the works or registration stage, disputes can be taken to the Community Justice Centre who offer a non-legal mediation service. Alternatively, civil action can be taken against the land owner. Council does not become involved in civil proceedings between property owners.

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?

While there have been cases in the past where Council has issued an operational consent containing conditions (prior to the issue of a Construction Certificate) for obtaining an easement, this approach is no longer taken. This is mainly due to several Land and Environment Court Judgements which have determined that owner’s consent is required for development works on adjoining sites before a consent is granted.

In the event an applicant is relying on an already registered easement on an adjoining property which benefits the applicant’s site, a deferred commencement is not required. In this situation, an operative consent may be issued.

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

The process described in the response to question 1 above is also followed for Council easements, whereby a deferred commencement development consent is issued for a development requiring a council easement. Again, this is only if Council have granted in-principle consent to the creation of the easement.

The establishment of an easement on Council land is required to be reported to the full elected Council for endorsement before it can be created. This process usually takes place once a deferred commencement consent has been issued.

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

This can delay the DA assessment process. When the requirement for an easement on an adjoining property is identified during the assessment process (following the lodgement of the application), the applicant may sometimes experience difficulty in obtaining owner’s consent from the adjoining property owner. In the event that owner’s consent cannot be obtained, the council will request that the applicant explores an alternative stormwater management design where possible.

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

Owner’s consent from adjacent properties for easements (or other infrastructure works) is required prior to lodgement of a development application. Where the need for an easement is identified as part of the assessment process, the applicant will be asked to provide in-principle owner’s consent for the creation of an easement before a deferred commencement consent may be issued.

Motion: Moved: Clr Ayyad Seconded: Clr Hadid

That Council create a policy regarding easements.

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

ITEM NO: QWN 02

FILE NO: 295798.2018

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?

Response

Section 226(d) of the Local Government Act 1993 states:

The role of the mayor is as follows:

...

(d) to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council

This section of the Act effectively enables a Mayor, in cases of necessity, to stand in the shoes of Council by directing actions in the manner of a quasi-resolution. In addressing what constitutes “policy decision-making”, the OLG’s Councillor Handbook (October 2016, at page 18) notes that this means “…mak[ing] decisions and policies that guide the activities of the council. Policies can be defined as the principles and intent behind the programs that a council implements. This includes setting the broad, strategic direction for the local community.”

The apparent exceptions to this power are, in effect, those powers that the Act (or, in the case of clauses, the associated regulation) specifically reserves for a Council resolution. These include:

The power to authorise a third party to exercise a power of expulsion (s.10);
The power to authorise staff to forego a tender process (s.55(3)(i));
The power to authorise the charging of an amount of less than the approved fee for Council works on private land (s.67);
The power to authorise the filling of a casual vacancy in Council by way of a countback of votes (s.291A);
The power to permanently delegate authority on behalf of the Council (s.377; cl.136B);
The power to resolve to enter into a Public-Private Partnership (s.400L);
The power to approve the inclusion of part or all of a Council’s area within a Joint Organisation’s boundaries (s.400P);
The power to formally censure a councillor for misconduct (s.440G);
The power to refer misconduct to the OLG, following a Censure / Code of Conduct process (s.440H);
The making of a rate or charge (s.535);
The establishment of a process to permit pensioner or other concessions (ss.579, 599);
The establishment of an alcohol-free zone (s.644B);
The establishment of rating categories for irrigable land (cl.120A);
The establishment of procedures for writing off rates and charges (cl.131; cl.213);
A decision not to accept tenders, and to progress various post-refusal activities (cl.178);
Make a statement on a Council’s annual financial reports (cl.215);
The establishment of a committee of Council (cl.260).

Council’s own practice requires that any decisions made by a Mayor under this power be referred to the Council for information and endorsement. This is to ensure transparency in the exercise of this power, and is a procedure recommended by the Office of Local Government, as well as by Council’s auditors.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 313240.2018

SUBJECT: LEP Review

BACKGROUND

The issues of over-development, lack of notification and a sense of being ignored in planning matters have consistently been raised as issues by residents over this term of Council. From established suburbs in the east such as Moorebank, Chipping Norton and Holsworthy through to new release suburbs such as Edmondson Park and Middleton Grange, residents throughout the LGA feel that current planning controls are stacked against them and are inadequate in addressing the cumulative social and community impacts of development. The review of the Liverpool Local Environment Plan (LEP) is once in a decade chance to fix those realities and perceptions.

NOTICE OF MOTION (submitted by Clr Hagarty and Clr Kaliyanda)

That Council incorporate the following issues and factors into the review of the Liverpool Local Environment Plan:

· Amenity - retaining the existing amenity and character of the neighbourhood;

· Notification - better notification when applications are lodged and amended;

· Privacy - ensure residents privacy is maintained, especially in backyards, from neighbouring properties;

· Transparency - deliver more transparency in the planning process; and

· Social Impact - review the thresholds for conducting Comprehensive Social Impact Assessments.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda

That Council incorporate, but not be limited to, the following issues and factors into the review of the Liverpool Local Environment Plan:

· Amenity - retaining the existing amenity and character of the neighbourhood;

· Notification - better notification when applications are lodged and amended;

· Privacy - ensure residents privacy is maintained, especially in backyards, from neighbouring properties;

· Transparency - deliver more transparency in the planning process; and

· Social Impact - review the thresholds for conducting Comprehensive Social Impact Assessments.

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

ITEM NO: NOM 02

FILE NO: 314133.2018

SUBJECT: Airport Connectivity

BACKGROUND

In September 2016 Transport for NSW released the Western Sydney Rail Needs Scoping Study Discussion Paper which from page 35 onward identified six options for direct public transport connectivity with the airport, the first of which was described as follows:

'1. The simplest way to provide a train service to the proposed Western Sydney Airport would be to extend the South West Rail Link from Leppington via Bringelly to service the airport site using the double-decker suburban trains. This could provide good connections to Sydney's south-west…(t)his service also offers the potential to support additional developments at new stations between Leppington and the proposed Western Sydney Airport. In 2014-15 the NSW Government conducted community consultation for the corridor preservation of the South West Rail Link extension.'

The same paper also notes a direct rail 'express service' from Parramatta 'would be comparatively expensive to construct' and 'would not necessarily service the population who are expected to work at and use a Western Sydney Airport in the short term.'

Each of these options has from time to time been referred to as an east-west connection.

In 2018 the 'Western Sydney Rail Needs Scoping Study Outcomes Report' under the heading of 'Elements of the Preferred Network' included a reference to the 'South West Link Extension from Leppington' as a link 'supporting growth and the airport' but it was not placed under the heading 'Rail Links connecting Western Sydney and the airport'. Possibly this was on account of the link under current thinking now being channelled through a Badgery's Creek interchange.

The Report went on to state 'The prioritisation, staging, sequencing and timing of the links will be further considered by governments.'

It also states 'Creating a South West Link to extend the existing line from Leppington to a Badgery's Creek Aerotropolis interchange south of Western Sydney Airport would support the heart of the Western Parkland City, growth in the southwest and access to the airport. This extension provides additional connectivity for the growing south-west and access to Western Sydney Airport by rail…Over the longer term, this would provide important benefits to the longer term growth of Greater Sydney's southwest, serving as the principal link between Western Sydney Airport and development at the Badgery's Creek Aerotropolis, Bringelly and Liverpool.'

Given the above it is contended this Council should continue to advocate for the speedy development of the South West Link Extension from Leppington as an important part of the overall suite of connections being proposed for the airport - including also a mass rapid transport connection through Hoxton Park Road and Fifteenth Avenue.

NOTICE OF MOTION (submitted by Clr Shelton)

That Council continues to advocate for the timely provision of transport infrastructure, including in accordance with the notes to this motion.

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.

ITEM NO: NOM 03

FILE NO: 314316.2018

SUBJECT: Drug Related Socially Unacceptable Behaviour and its Impact on Businesses in the CBD

BACKGROUND

Over the past year I have received various reports from Liverpool constituents who have observed drug related issues in and around the Liverpool CBD that is going unreported to the police because it is so prevalent it is becoming accepted as the norm.

A recent Council activation in the Mall had an added advantage in that there was constant surveillance in the Mall to observe citizen behaviour, what they witnessed along with other reports from other areas in the CBD over the past year poses the questions:

1. Is it appropriate that Liverpool businesses have to endure inappropriate and threatening behaviour from people who meet regularly in the Liverpool Mall whilst they are waiting to receive prescription Methadone?

2. Is it appropriate that there are reports from Liverpool businesses owners, staff and or customers who have felt unsafe when returning to Parking areas and report witnessing people in the process of dealing drugs?

3. Is it appropriate that businesses have had to endure drug affected citizens entering their premises?

4. Is it appropriate for Liverpool businesses to have to be constantly chasing people from their toilet areas who are in the process of self injecting?

5. Is it appropriate that businesses have to constantly clean up needles left in the service laneways that serve their Liverpool businesses?

6. Is it appropriate that the Liverpool Museum has to clean away needles from their car park on a regular basis?

Well it is a sad fact that all the above are just some of the reports I have and other Councillors have received in the last 12 months.

Liverpool Council needs to know how drug related issues are affecting the Liverpool CBD and ask itself, is this appropriate for the image of an innovative, health and education precinct, a smart city that proposes to attract more business and become the business hub of the Western City.

The businesses in the Liverpool CBD are the easily contactable eyes and ears of the CBD who can provide Council with information about their experiences and observations.

Council needs to investigate the growing concern about drug related socially unacceptable behaviour in our CBD, that is or is not being reported to police and, report their findings back to Council in order to consider ways of addressing either the perception or the reality of such problems in our CBD.

NOTICE OF MOTION (submitted by Clr Rhodes)

That Council prepare a survey to investigate the impacts on businesses from drug related socially unacceptable behaviour in the CBD and report the results back to Council by the March Council meeting 2019.

The survey to include:

1. The number and nature of social disturbances or observations of socially inappropriate behaviour as a result of drug dealing or drug effected citizens or people waiting for prescription Methadone that they have observed in close proximity to their business?

2. Have they or their customers at any time felt unsafe by such activities?

3. Are such activities having a negative impact on their businesses?

4. What action was taken upon observing such events?

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That the following motion be referred to the Liverpool Community Safety and Crime Prevention Advisory and the CBD Committees:

The survey to include:

2. Have they or their customers at any time felt unsafe by such activities?

3. Are such activities having a negative impact on their businesses?

4. What action was taken upon observing such events?

That report to Council to also include what further action can be taken.

After the trial of the classical and other music in Macquarie Mall, a further survey to be undertaken to compare the results.

Call for a report on the financial implications of providing a security officer in the Macquarie Mall.

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

Clr Ayyad left the Chambers at 9.07 pm.

Clr Ayyad returned to the Chambers at 9.10pm.

ITEM NO: NOM 04

FILE NO: 314400.2018

SUBJECT: Clean CBD Campaign

BACKGROUND

The latest regional litter program from the Western Sydney Regional Organisation of Councils (WSROC) has achieved a 46 per cent reduction in cigarette litter across key Western Sydney shopping strips.

Bin Your Butts program is an ongoing WSROC effort to tackle Western Sydney’s $14 million per year litter clean-up bill under the Western Sydney Regional Waste and Resource Recovery Strategy (2017 – 2020).

Already run between March and September 2018, Bin Your Butts can include the installation of cigarette butt bins, voluntary smoking zones, as well as a range of community education and engagement activities.

Cigarettes may seem small, but they make up the majority of litter across our region. Each time someone drops a cigarette on the ground, they are diverting resources away from important work like bush regeneration, community centres, public parks and footpaths as well as polluting our iconic Georges River.

The Bin Your Butts Program that previously achieved 46% reduction in Cigarette litter gives hope that most people do care about keeping their community clean.

Liverpool although previously engaged through this program has an ongoing problem with cigarette litter, particularly in the Macquarie St Mall.

We are a unique city with unique challenges.

Receiving 200 new citizens every week combined with our culturally and linguistically diverse community makes it all the more necessary for an ongoing continuous commitment through programs such as these to continually educate and encourage more socially acceptable disposal of litter.

Despite all efforts so far, Liverpool’s CBD litter problem continues and often the Mall and the rest of the CBD appears dirty and uninviting in comparison to the non-smoking commercial centres that service our CBD.

To address the Liverpool CBD’s continuing perception of un-cleanliness we need to engage with and continue the education and encouragement that the Bin your Butts program delivers.

To be able to attract the thousands of shoppers out of the non-smoking clean shopping opportunities offered at the northern end of Macquarie Street, into the Mall and into other businesses in the Liverpool CBD we have to make the CBD as equally clean and inviting.

The need to re-engage in ongoing education programs in order to address the un-cleanliness of the Liverpool CBD particularly the problem of cigarette butts in order to help revitalise the CBD Business sector is no longer just an option but is becoming a necessity.

Bin provision, and the investigation into the possible provision of voluntary smoking areas that might confine the cigarette litter and or encourage the correct disposal of the butts, together with street performers, multi-lingual educators, street art and all other methods to raise awareness about the importance of disposing of litter correctly, has to continue in order for the Liverpool CBD to transform into the innovative, health, education and major business district we envisage as Liverpool’s destiny.

In order to transform Liverpool, we not only have to talk the talk we must now walk the walk and that includes making our CBD clean and inviting so it looks like the innovative smart city that Council promotes our city to be.

NOTICE OF MOTION (submitted by Clr Rhodes)

That Council investigate and report back to the December Council meeting 2018 the opportunities and cost to:

1. Implement an education and public engagement WSROC program “Bin Your Butts Campaign” or other similar available programs to reduce cigarette litter in the CBD and in particular the Mall; and

2. Investigate and identify possible suitable sites and costs for the installation of voluntary smoking zones in which people could be encouraged to smoke and dispose of their cigarette butts in a socially responsible way.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council investigate and report back to the December Council meeting 2018 the opportunities and cost to:

1. Implement an education and public engagement WSROC program “Bin Your Butts Campaign” or other similar available programs to reduce cigarette litter in the CBD and in particular the Mall; and

3. That the CEO organise a pens down, gloves on, Clean Up Liverpool day, incorporating the whole of the organisation where possible, without affecting services.

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

ITEM NO: NOM 05

FILE NO: 314413.2018

SUBJECT: Zero Budget 2019/2020

BACKGROUND

Council has several options in the way in works towards finalising the annual budget.

A zero budget although takes more time digs further in to where the rate payer dollar is spent and allows us to determine whether that particular service or function has value.

This motion is calling on the CEO to request that all the Council departments review their budgets line by line and present a case as to why funding should be allocated for their particular service.

Council needs to question the value its getting for every rate dollar spent and this is the best way to ensure it does.

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council direct the CEO to begin preparations for a zero budget for the 2019/20 financial year.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That the recommendation be adopted.

Foreshadowed Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That Council directs the CEO to provide a report to Council with a report listing Council departments where it would be reasonable to do a zero budget for the 2019/20 financial year. That report to also include a timeframe for zero budgeting for the remaining Council departments.

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

Division called for the motion (moved by Clr Hadchiti):

Vote for: Clr Hadchiti

Clr Hadid

Vote against: Mayor Waller

Clr Ayyad

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

Clr Hagarty left the Chambers at 9.39pm.

Clr Hagarty returned to the Chambers at 9.40pm.

ITEM NO: NOM 06

FILE NO: 314473.2018

SUBJECT: Bathurst Street Ring Road

BACKGROUND

In the previous term of Council, millions of rate payer dollars were spent to acquire land between Macquarie Street and Terminus Street for the sole purpose of extending Bathurst Street and for the closure and conversion of Pirie Street.

Correspondence received from the CEO on the 8^th of November states that ‘funding has not been allocated for concept/detailed designs, environmental approvals and construction of the project’.

Given the considerable cost to acquire and the extra traffic through the CBD we can’t sit back and need to design and deliver this extension.

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1. Allocate funds from the unrestricted reserve for the concept/detailed designs, and environmental approvals associated with this project; and

2. Report back to Council by June 2019 with designs and approvals for determination of funds to construct the road.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That Council:

1. Allocate funds from the unrestricted reserve for the concept/detailed designs, and environmental approvals associated with this project subject to any approvals required; and

2. Report back to Council by June 2019 with designs and approvals for determination of funds to construct the road.

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

ITEM NO: NOM 08

FILE NO: 314530.2018

SUBJECT: Nominating to become a Councillor

BACKGROUND

There are certain criteria’s one needs to meet in order to be eligible to nominate to be elected as a Councillor in a Local Government Area.

A person may become a Councillor in a particular area even if they do not live or pay rates in that given area. They may simply be ‘sponsored in’ by a rate payer making them eligible.

Many non-residents are rate payers by either having an investment property or leasing a property where the lease includes the payments of outgoings which generally would include paying rates.

Council is the closest level of Government to the people and it makes great sense that the governing body has a vested interest in the area.

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1. Write to State Local Government Minister and the Opposition Local Government Minister Government requesting changes to the Electoral Act in order to ensure that a person wishing to nominate for a particular Council area must either be a resident or a rate payer; and

2. Request the support of organisations such as but not limited to WSROC and LGNSW to lobby for changes as above.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Kaliyanda

That Council:

1. Write to State Local Government Minister and the Opposition Local Government Minister Government requesting changes to the Local Government Act in order to ensure that a person wishing to nominate for a particular Council area must either be a resident or a rate payer;

2. Request the support of organisations such as but not limited to WSROC and LGNSW to lobby for changes as above; and

3. Have suitable qualifications such as the Local Government Director’s Course or be compelled to enroll in such course in the first year of their first term.

Foreshadowed Motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

a) Be either a rate payer, resident, or operate a business within the LGA and be registered on the residential or non-residential roll for the LGA in which they wish to stand?

b) Have suitable qualifications such as the Local Government Director’s Course or be compelled to enroll in such course in the first year of their first term;

c) Must not miss any more than 3 Council Committees and or Council meetings in succession without providing reasonable cause or be asked to resign; and

d) Ask Government to consider whether we should have Real Estate Agents or Developers as Councillors.

2. Request the support of organisations such as but not limited to WSROC and LGNSW to lobby for changes as above.

Foreshadowed Motion: Moved: Clr Ayyad Seconded: Clr Shelton

Receive and note the CEO’s comments to the Notice of Motion (as shown at the end of this item).

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

CHIEF EXECUTIVE OFFICER’S COMMENT

Under the Local Government Act 1993 (Act), and in order to be elected to Council, a person must be enrolled to vote in the relevant LGA (s.274(a) of the Act).

In order to be enrolled to vote, one must either be:

1. A resident of the ward in question;

2. A non-resident owner of rateable land in the ward in question; or

3. An occupier, or ratepaying lessee, of land in the ward.

(See s.266(1) of the Act).

An “occupier” is defined under the Dictionary to the Act as:

occupier includes:

(a) a person having the charge, management or control of premises, and

(b) in the case of a building which is let out in separate occupancies or a lodging house which is let out to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his or her own account or as the agent of another person,

and, in the case of a vessel, means the master or other person in charge of the vessel.

Further to the above, sections 299 and 300 of the Act set out the process and circumstances under which someone may be added to the non-residential roll as either a non-resident owner, occupier, or ratepaying lessee of a ward.

Any change to the constitution of the non-resident roll, or the process for appointing persons to that roll, would require action on the part of the NSW Parliament in relation to the above sections of legislation.

A decision to advocate for such change is entirely a matter for the Council.

PRESENTATIONS BY COUNCILLORS

Councillor Hagarty advised that he represented the Mayor at the Iraqi Cultural Festival held at Casula Powerhouse Arts Centre on Sunday 18 November 2018. The event was organised by the Iraqi Australian University Graduate Forum. He advised that the group presented Council with a plaque in appreciation of Council’s kind support to the Iraqi Cultural Festival and the Iraqi Community.

Clr Kaliyanda left the Chambers at 10.05pm.

Clr Hagarty left the Chambers at 10.05pm.

Confidential Items

ITEM NO: CONF 01

FILE NO: 283578.2018

SUBJECT: Environment Advisory Committee - Appointment of Committee Members and Amendments to Charter

RECOMMENDATION

That Council:

1. Adopts the revised Draft Environment Advisory Committee (EAC) Charter; and

2. Appoints the following representatives to the Environment Advisory Committee in accordance with the terms of their appointment in the EAC Charter.

a) Community Representatives:

· Dr Floret Meredith

· Ms Signe Westerberg

· Ms Ellie Robertson

· Ms Patricia Glossup

· Mr Stephen Dobell-Brown

· Mr Ian Bailey

· Mr Peter Fraser

· Mr Robert Storey

· Ms Francis Coorey

· Ms Rosalyn Faddy

b) Environment Group Representative:

· Mr Michael Streatfield

· Ms Noni Papalia

c) Industry Representative:

· Mr Tony Wales

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That the recommendation be adopted.

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

Clrs Kaliyanda and Hagarty returned to the Chambers at 10.07pm.

ITEM NO: CONF 04

FILE NO: 306059.2018

SUBJECT: Tender Report VP2750 - Supply of Diesel Bulk Fuel Rose St Depot

RECOMMENDATION

That Council:

1. Accept the Tender from Caltex Australia Petroleum PTY LTD for Tender VP2750 – Bulk Diesel Fuel for an initial three (3) Year contract term with the option of extending by up to two separate 12 month extensions at the estimated GST inclusive price of $1,494,000 (based on estimated fuel use derived from historical consumption trends);

2. Makes public its decision regarding tender VP2750 – Bulk Diesel Fuel;

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

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

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

Public Forum

ITEM NO: MAYOR 01

ITEM NO: MAYOR 02

MOTION OF URGENCY

ITEM NO: EGROW 01

ITEM NO: EGROW 02

ITEM NO: EGROW 03

ITEM NO: EGROW 04

ITEM NO: EGROW 05

ITEM NO: EGROW 06

ITEM NO: CEO 01

ITEM NO: CEO 02

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: CTTE 05

ITEM NO: QWN 01

ITEM NO: QWN 02

ITEM NO: QWN 03

ITEM NO: QWN 04

ITEM NO: QWN 05

ITEM NO: NOM 01

ITEM NO: NOM 02

ITEM NO: NOM 03

ITEM NO: NOM 04

ITEM NO: NOM 05

ITEM NO: NOM 06

ITEM NO: NOM 07

ITEM NO: NOM 08

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03

ITEM NO: CONF 04

ITEM NO: CONF 05