That the minutes of the Ordinary Meeting held on 21 November 2018 be confirmed as a true record of that meeting, subject to the following corrections to be made:

1.    The motion moved by Clrs Hagarty and Kaliyanda for Item NOM 01 be amended to correct the grammar. It will now read:

“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.”

2.    The addition of a point “1d)” to the Foreshadowed motion (which was lost) moved by Clr Rhodes for Item NOM 08 Nominating to Become a Councillor, which is to read:

“1d) Ask Government to consider whether we should have Real Estate Agents or Developers as Councillors.”

On being put to the meeting this motion was declared carried.

RECOMMENDATION

That Council agree to opt in to charge lower parking fine amounts of $80 instead of $112, indexed annually as per current practices and advise the Treasurer, and Minister for Industrial Relations before 1 January 2019.

COUNCIL DECISION

Motion:                                  Moved: Mayor Waller

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council receive and note this minute.

COUNCIL DECISION

Motion:                                  Moved: Mayor Waller

That Council:

1.    Receive and note this minute.

2.    Write to Ms Espinosa to congratulate her on her appointment as President of the NSW Law Society.

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

RECOMMENDATION

That Council:

1.   Adopt the Liverpool Contributions Plan 2018 – Liverpool City Centre;

2.   Adopt the Liverpool Contributions Plan 2018 – Established Areas; and

3.   Give public notice of the adoption of the contributions plans in accordance with Clause 31 of the Environmental Planning and Assessment Regulation 2000.

COUNCIL DECISION

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Hadid

That Council:

1.      Amend the Contributions plan with the following rates:

a)    Granny flats to be charged a flat Contribution fee of $5,000;

b)    All existing Contribution rates be increased by 10% per year for the next 10 years in addition to including CPI; and

c)    The changes to be effective from 1 July 2019.

2.      Place the proposed charges on public exhibition.

Foreshadowed motion:       Moved: Clr Kaliyanda          Seconded: Clr Hagarty

That Council:

1.      Adopt the Liverpool Contributions Plan 2018 – Liverpool City Centre;

2.      Adopt the Liverpool Contributions Plan 2018 – Established Areas;

3.      Give public notice of the adoption of the contributions plans in accordance with Clause 31 of the Environmental Planning and Assessment Regulation 2000;

4.      Phase in the proposed increases over the next 2 years (50% increase in year 1 and a further 50% increase in year 2); and

5.      Only apply the charges to DA’s lodged after 12 December 2018.

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

Vote for:                       Clr Ayyad

                                      Clr Hadid

Vote against:               Mayor Waller

                                      Clr Hagarty

                                      Clr Harle

                                      Clr Kaliyanda

                                      Clr Karnib

                                      Clr Rhodes

                                      Clr Shelton

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

Vote for:                       Mayor Waller

                                      Clr Hagarty

                                      Clr Harle

                                      Clr Kaliyanda

                                      Clr Karnib

                                      Clr Rhodes

Vote against:               Clr Ayyad

                                      Clr Hadid

                                      Clr Shelton

RECOMMENDATION

That Council:

1.    Notes the Gateway Determination (and gateway alteration) for Liverpool Local Environmental Plan 2008 Amendment 71 and the submissions received;

2.    Approves the planning proposal and delegates to the CEO to liaise with the Parliamentary Counsel’s Office and Department of Planning and Environment to finalise Liverpool Local Environmental Plan 2008 Amendment 71; and

3.    Notify the submitters of Council’s decision.

Mayor Waller ruled that this item be deferred until later in the meeting.

Item EGROW 02 was dealt with at the end of the meeting, after the Confidential items and can be found on page 53 of these minutes. 

RECOMMENDATION

That Council:

1.    Endorses the draft amendment of the Liverpool Development Control Plan 2008 and Liverpool Growth Centre Precinct Development Control Plan, to include controls for the management of shopping trolleys;

2.    Place the draft amendments to the Liverpool Development Control Plan 2008 and Liverpool Growth Centre Precinct Development Control Plan on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000; and

3.    Delegates to the CEO the finalisation of the draft Development Control Plans should no submissions be received; or receive a report summarising the details of the submissions upon conclusion of the exhibition period.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

That Council:

1.      Endorses the draft amendment of the Liverpool Development Control Plan 2008 and Liverpool Growth Centre Precinct Development Control Plan, to include controls for the management of shopping trolleys;

2.      Place the draft amendments to the Liverpool Development Control Plan 2008 and Liverpool Growth Centre Precinct Development Control Plan on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000;

3.      Write to the State and Federal Government to review legislation enabling Councils similar powers to that in Queensland so that Councils can more effectively manage abandoned shopping trolleys; and

4.      Delegates to the CEO the finalisation of the draft Development Control Plans and reports back to Council summarising the details of the submissions upon conclusion of the exhibition period.

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.    Notes the gateway determination issued by the Department of Planning & Environment;

2.    Notes the submissions received during the public exhibition of the planning proposal, including public agency comments;

3.    Notes that significant infrastructure upgrades will likely be required to support the planning proposal, including regional road upgrades;

4.    Notes that no funding mechanism for infrastructure and public benefits has been advanced by the proponent to date;

5.    Notes the issues identified in the assessment report in relation to the proposed built form, environmental impacts and density and the area not serviced with regular and reliable public transport services.

6.    Withdraws support for the planning proposal pursuant to Section 3.35 of the Environmental Planning & Assessment Act 1979;

7.    Writes to the Minister of Planning and the Greater Sydney Commission to request that the planning proposal not proceed pursuant to Section 3.35(4) of the Environmental Planning & Assessment Act 1979;

8.    Writes to the proponent and all those who made a public submission to advise of Council’s decision; and

9.    Notes that the current zoning and land use controls enable the development of a local shopping centre for the Middleton Grange community which is consistent with the Liverpool Retail Centres Strategy.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That Council:

1.      Notes the gateway determination issued by the Department of Planning & Environment;

2.      Notes the submissions received during the public exhibition of the planning proposal, including public agency comments;

3.      Notes that significant infrastructure upgrades will likely be required to support the planning proposal, including regional road upgrades;

4.      Notes that no funding mechanism for infrastructure and public benefits has been advanced by the proponent to date;

5.      Notes the issues identified in the assessment report in relation to the proposed built form, environmental impacts and density and the area not serviced with regular and reliable public transport services;

6.      Withdraws support for the planning proposal pursuant to Section 3.35 of the Environmental Planning & Assessment Act 1979;

7.      Writes to the Minister of Planning and the Greater Sydney Commission to request that the planning proposal not proceed pursuant to Section 3.35(4) of the Environmental Planning & Assessment Act 1979;

8.      Writes to the proponent and all those who made a public submission to advise of Council’s decision;

9.      Notes that the current zoning and land use controls enable the development of a local shopping centre for the Middleton Grange community which is consistent with the Liverpool Retail Centres Strategy; and

10.   Work with the applicant to explore the option of some form of temporary retail on the site.

Foreshadowed motion:       Moved: Clr Ayyad                Seconded: Clr Rhodes

That:

1.      Council and the community does not support the proposal in its current form;

2.      Council and the community do support development of a town centre and acknowledges that it has been years in the making;

3.      Council defers the consideration of this planning proposal until a revised plan from the proponent, together with community consultation has taken place; and

4.      Council thank the community of Middleton Grange for their feedback and work with them to deliver the infrastructure and town centre they deserve.

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

Vote for:                                Mayor Waller

                                               Clr Hagarty

                                               Clr Kaliyanda

                                               Clr Karnib

                                               Clr Shelton

Vote against:                        Clr Ayyad

                                               Clr Hadid

                                               Clr Harle

                                               Clr Rhodes

RECOMMENDATION

That Council receives and notes this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council

1.    An audit of signage at playgrounds in the Liverpool LGA, and at public transport stops in the Liverpool CBD, including the No Smoking areas in the Liverpool Mall.

2.    Production and installation of ‘No Smoking’ signage where required, as per the audit.

3.    A media campaign to educate the community:

(a)  The campaign will raise awareness of the following:

·    Smoke-free areas in Liverpool, as per the Act;

·    Importance of ‘binning your butts’, and the environmental and economic costs of cigarette butt litter; and

·    A list of ‘quit smoking’ resources.

(b)  The campaign will be promoted in the following ways:

·     Media releases;

·     A page on the Council website;

·     Social media posts; and

·     Urban screen in Macquarie Mall.

4.    Education campaign undertaken by Council rangers, which will include:

·         Identification of all public smoke-free areas across the Liverpool CBD, as per the Smoke-free Environment Act 2000, with the exception of ‘within 4 metres of a pedestrian access point to a public building’;

·         Rangers undertaking active patrols of one site per week. They will have postcards with the above information to hand out to smokers in smoke-free areas, as well as verbally informing them of the smoke-free laws;

·         Report back on interactions with people; and

·         Consistent with Council’s resolution, no infringements are to be issued under this campaign.

5.    Cleansing campaign undertaken by the City cleansing staff, which will include:

·    A thorough review of the sites at which rangers undertake active patrols, to do cigarette butt counts in the smoke-free areas; and

·    A report back on cigarette butt counts.

6.      Regular intercept surveys at smoke-free areas seeking community feedback on the strategy and its effectiveness.

7.      Regular reviews of the strategy’s progress by Council staff responsible for implementation, and amendments/refinements where relevant.

8.      Makes application in June 2019 to the EPA Cleaner Cities Grant with a letter of endorsement from WSROC as having participated in the Bin Your Butts Campaign and applies for any other possible grants that might become available.

9.      Replaces rubbish bins in the mall that have been damaged by the butting of cigarette butts on their tops with a suitable material not susceptible to butt damage.

10.   Investigate costs for installing Butt Bins with suitable signage along-side Rubbish Bins to stop future damage of the rubbish bins and a report on these costs be submitted to Council.

11.   Informed by the progress and ongoing results of the strategy’s implementation, Council staff will, in the second half of the 12-month period, undertake investigations into possible suitable sites, costs and implementation of voluntary smoking zones. Following the 12-month implementation of the strategy, Council to receive a report on the outcomes, community feedback and recommendations.

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

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1.    Supports in principle a proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 to allow multi dwelling housing as a land use permitted with consent on 123 Epsom Road, Chipping Norton (Lot 3 DP 602936), subject to the necessary planning investigations required by Section 3.33 of the Environmental Planning and Assessment Act;

2.    Direct the CEO to prepare a planning proposal for Council’s consideration and report back to Council for the second February 2019 meeting; and

3.    Investigate the value of any heritage listed trees that may be listed in or in close proximity to the site.

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.

RECOMMENDATION

That Council receives and notes this report.

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.

RECOMMENDATION

That Council adopts the Relationship Framework and Memorandum of Understanding involving the other seven Councils within the Western Sydney City Deal area.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.      Place the Draft Community Safety and Crime Prevention Strategy 2019 – 2022 and the Crime Prevention Plan 2019 – 2021 for the NSW Department of Justice on public exhibition from mid-January to the end of February 2019 (six weeks); and

2.      Receive a report by April 2019 noting feedback received and any changes made to the draft Strategy and Plan in line with community feedback, or if no submissions are received, delegate authority to the CEO to execute and submit the Draft Community Safety and Crime Prevention Strategy 2019 – 2022 and the Crime Prevention Plan 2019 – 2021 to the NSW Department of Justice.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Karnib

That Council:

1.      Place the Draft Community Safety and Crime Prevention Strategy 2019 – 2022 and the Crime Prevention Plan 2019 – 2021 for the NSW Department of Justice on public exhibition from mid-January to the end of March 2019; and

2.      Receive a report by April 2019 noting feedback received and any changes made to the draft Strategy and Plan in line with community feedback, or if no submissions are received, delegate authority to the CEO to execute and submit the Draft Community Safety and Crime Prevention Strategy 2019 – 2022 and the Crime Prevention Plan 2019 – 2021 to the NSW Department of Justice.

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

RECOMMENDATION

That Council endorses the funding recommendation of $10,000 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program for the following project:

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.

RECOMMENDATION

That Council:

1.    Supports the establishment of a 30 place Out of School Hours Care service to operate from the Carnes Hill Community Centre; and

2.    Place fees on public exhibition.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Ayyad

That Council:

1.      Supports the establishment of a 30 place Out of School Hours Care service to operate from the Carnes Hill Community Centre;

2.      Place fees on public exhibition; and

3.      It is noted that consideration will be given to the establishment of similar services in other areas of the LGA in due course.

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

RECOMMENDATION

That Council approve and adopt the Legal Services Policy, included as Attachment 1.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

That Council defer the item for clarification on the following matters in clauses 4.1.7 and 4.6.2b of the Legal Services Policy:

·         4.1.7: Amend Clause 4.1.7 so that LSU solicitors are not required to be members of the NSW Law Society.

·         4.6.2b: The implications of changing all instances of the word “may” to “must” in this clause and possible alternative wording that specifies under which circumstances legal advice may or may not be shown to Councillors.

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

RECOMMENDATION

1.  That Council approve the following recommendations of the Committee:

i)    Item 1 – RMS Clearways Strategy on the Hume Highway and proposed timed parking restriction on Goulburn Street

·      Council approves the proposed three ½-hour parking spaces on Goulburn Street as shown in Attachment 1.2, subject to Roads and Maritime Services (RMS)   proceeding with implementation of the proposed Hume Highway clearways.

·      Council advises the RMS of its endorsement.

·      Council requests RMS to carry out community consultation for the clearways and the proposed ½-hour parking restriction on Goulburn Street.

ii)   Item 2 – Terminus Street, Liverpool – Proposed full-time ‘No Right Turn’ restriction into Charles Street      

·      Council approves the proposed full-time ‘No Right Turn’ restriction from        Terminus Street, into Charles Street as shown in Attachment 2.1, subject to   Roads and Maritime Services (RMS) endorsement.

·      Council seeks RMS approval of an associated Traffic Management Plan.

·      Prior to installation, Council is to notify Charles Street residents, via its website,    social media avenues and advertisements in the Liverpool Local Newspapers.

iii)  Item 3 – Cartwright Avenue, Miller – Proposed raised pedestrian crossing in front of              St. Therese Catholic School

·      Council approves upgrade of the existing combined crossing to a raised       pedestrian crossing across Cartwright Avenue in front of St. Therese Primary         School, as shown in Attachments 3.1-3.2.

·      Council advises all stakeholders.

iv)  Item 4 – Flowerdale Road, Liverpool – Proposed median island        

·      Council approves the installation of a 0.9m wide concrete median island and         associated linemarking on Flowerdale Road, as shown in Attachment 4.1.

·      Council notifies the applicant of its decision.

v)   Item 5 – Twentieth Avenue, Hoxton Park – Proposed additional on-street parking 
               restrictions on the approach to First Avenue

•      Council approves the proposed extension of the existing ‘No Stopping, 8am-         9.30am & 2.30pm-4pm School Days’ restriction along the southern side of   Twentieth Avenue, as shown in Attachment 5.1.

vi)  Item 6 – Ernest Avenue, Chipping Norton – Proposed linemarking and signposting              scheme

·      Council approves the installation of a ‘No Stopping’ restriction along the western   side of Ernest Avenue between Barry Road and the existing bus stop.

vii) Item 7 – Beech Road and Barcelona Drive, Prestons – Proposed upgrade to existing 
              roundabout

·      Council approves the proposed modification to the central island radius at the       intersection of Beech Road and Barcelona Drive, and raised thresholds across    the Beech Road approaches, as shown in Attachment 7.1.       

viii) Item 8 – North Liverpool Road, South Liverpool Road and Meadows Road                           intersection – Proposed upgrade to existing roundabout.

·        Council approves the proposed kerb blisters and reconstruction of the          central island at the intersection of North Liverpool Road, South Liverpool Road      and Meadows Road, as shown in Attachment 8.1.

ix)  Item 9 – Items approved under Delegated Authority

•        Council notes the tabled Delegated Authority applications approved by NSW         Police and RMS representatives.

x)  Item 10 – Liverpool Pedestrian, Active Transport and Traffic Committee – Meeting                 dates for 2019

·        Council approves the following Liverpool Pedestrian, Active Transport & Traffic     Committee meeting dates for 2019:

o  23 January 2019

o  13 March 2019

o  15 May 2019

o  17 July 2019

o  18 September 2019

o  6 November 2019

·        Council includes the Liverpool Pedestrian, Active Transport & Traffic Committee meeting dates in its Corporate Diary.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 19 October 2018;

2.    Endorses the recommendations in the Minutes; and 

3.    Notes the Annual ARIC report for the period 1 November 2017 to 31 October 2018.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on 7 November 2018.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 1 November 2018.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council adopts the minutes of the Budget Review Panel meeting held on 15 November 2018.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That the recommendation be adopted.

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

"It’s a hellscape"- This is how one employee described working conditions at Amazon's Dandenong South fulfilment centre in Melbourne's outer south east in a recent Fairfax article.

The story also describes workers being advised not to drink water before or during a shift because going to the toilet would affect productivity rates and being reluctant to report injuries for fear of not getting shifts.

Amazon's market capitalisation recently passed US$1 trillion, the second company to do so. It's founder Jeff Bezos is the richest person in the world.

Liverpool wants and needs good quality, well paying jobs. We also want good corporate citizens who provide safe, secure workplaces.

QUESTIONS

What percentage of workers based at the Amazon Moorebank fulfilment centre are:

1.   from the Liverpool LGA?

2.   directly employed by Amazon?

3.   employed by a labor hire company?

4.   in insecure casual employment?

RESPONSE

Council contacted Amazon in relation to the above questions and received the following response: 

“As a relatively new business in Australia Amazon has a mixture of permanent and agency staff at our two fulfilment centres to enable us to move quickly, access talent and manage variations in customer demand.

We are proud that our Moorebank fulfilment centre has brought new jobs to the local economy and is providing the thousands of small and medium sized Australian businesses who use Fulfilment By Amazon (FBA) on amazon.com.au with an opportunity to more easily access millions of customers across the country”

Senior Management Executives from Amazon have agreed to meet with Council in December to further discuss these matters.

QUESTIONS

How many times in the last 12 months have Council staff had to perform remediation weeding on roundabouts that had already been weeded by external contractors?

What is the estimated cost to ratepayers and Council (including salaries and wages) of performing this additional work?

RESPONSE

Council staff have not had to undertake any remediation work on Roundabouts over the past 12 months that had already been serviced by external contractors.

The previous Streetscape Weed Control contract finished on the 30^th of June 2018. The new contract commenced on the 22^nd of October 2018. Council staff undertook increased servicing frequency during the period where there was no contractor engaged. 

The Streetscape Weed Control contract requires the contractor to attend nominated sites on a monthly basis to remove weeds and litter.

Council staff attend these sites on a quarterly basis to undertake horticultural maintenance that includes pruning, mulching or replanting if required.

QUESTION

Please address the following:

1.       Can the Mayor approve to spend Council money without council approving it? Yes or no?

RESPONSE

Pursuant to s.226(d) of the Local Government Act 1993, in cases of necessity, and subject to the matter being considered a policy matter, the answer to the question is “yes”. 

Recreational Areas

Several complaints have been received from residents adjoining the Chipping Norton Recreational Areas, in particular Black Muscat Park, raising re-occurring issues of excessive noise, loud music, open fires and objectionable smoke and unauthorised use of portable generators to power Public Address Systems.

During 2016 and 2017 Council had successfully implemented a program of using security firms to patrol these areas on Saturday and Sunday mornings, including Public Holidays, to prevent unauthorised groups setting up PA systems and illegally roping off areas for their exclusive use without obtaining Council permission.

Please address the following:

1.    Can Council re-introduce the security contractors to prevent the issues that have re-occurred over the last 12 months so that residents and recreational users are treated fairly?

2.    What are the budget implications, and can these be met from the current budget?

RESPONSE

Recreation Services have responded to increasing reports of amplified music being played by picnickers in Black Muscat Park on some Sundays by re-engaging Southern Cross Protection to provide patrol services.

Since Sunday 30 September 2018 Council has engaged security for 8 hours (8am to 4pm) each Sunday and public holiday with the following instructions:

·           The main source of noise complaints has been the Black Muscat Park area so this should be the main focus of patrols. However, it is requested that general patrolling of the entire Chipping Norton Lakes precinct also occur.

·           The security officer will be in the park to provide education to people on harmonious park use, and to advise park users bringing in amplified music equipment that these are not permitted.  Security personnel should aim to engage with people bringing amplifying equipment into the park before they have taken it out of their vehicle to minimise potential conflict.

·           ESCALATION - Significant noise issues and matters of public disorder would still be referred to Liverpool police for assistance where the security personnel are unable to achieve cooperation. Where an enforcement situation escalates into a matter of public disorder security guards are required to:

1.    Withdraw from the confrontation – where safe to do so, gain footage of any disruptive behaviour.

2.    Contact Liverpool Police – (02) 9765 9499

3.    Contact Council via the 1300 36 2170 after hours number

4.    Provide Council with a detailed written report of the incident

It is understood by Council that noise was reported by neighbouring residents on Sunday 4 November despite a guard being present on this day.  This matter has been followed up with Southern Cross Protection who have identified that the guard did instruct a number of groups to turn off music on a number of occasions and they complied.  Recreation Services have raised this matter with Southern Cross Protection who have informed Council that they have provided Black Muscat guards with further briefings on the requirements of this role.

BACKGROUND

Recent changes to the law now give parking inspectors the ability to issue demerit points in addition to fines.

Please address the following:

1.    What offences do these changes relate to?

2.    What are the demerit penalties for each?

3.    Do parking inspectors have discretion in the issuing of the demerit point component of these penalties?

4.    Can Council resolve to not issue demerit point penalties?

A response to these questions will be provided in the 6 February 2019 Council meeting business papers.

QUESTION

Please address the following:

Given the increase in rates of waste being disposed legally & illegally, has Council considered/looked into other alternatives to dispose of waste?

A response to these questions will be provided in the 6 February 2019 Council meeting business papers.

A motion was generated from the floor at its General Council Meeting of the 29^th of March 2017 which stated the following:

DPG 02 Review of Council Policies (file ref: 046276.2017)

Recommendation

That Council revokes the following policies:

·    The use of Public Address (PA) Systems on Council Owned Properties; and

·    Signage on Council land.

Council Decision

Motion:                          Moved Clr Harle                   Seconded: Clr Hadchiti

That the existing Policies be retained, reviewed and strengthened and a report be brought back to Council in June about the status of that action.

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

Councillors voted unanimously for this motion.

Please address the following:       

1.   In view of the recent complaints by many residents adjoining Black Muscat Park within Chipping Norton, has Council carried out the intent of the Motion raised at its March 29^th, 2017 Council Meeting?

2.   If so is that report available and what are its recommendations?

A response to these questions will be provided in the 6 February 2019 Council meeting business papers.

RECOMMENDATION

That Council receives and notes this report.

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.

RECOMMENDATION

That Council receives and adopts this report.

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.

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council direct the CEO to negotiate with the owners of the car park, with a view to securing agreement to erect a fence to limit local resident parking from nearby residential developments.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Ayyad

That Council direct the CEO to negotiate with the owners of the car park, with a view to limit local resident parking from nearby residential developments.

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

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1.    Support local residents in opposition to this amendment; and

2.    Continue to advocate to both the State and Federal Governments for better existing and additional public infrastructure and services, including schools, hospitals, police, roads and public transport, especially in ‘greenfield’ growth areas of the LGA.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Karnib

That the recommendation be adopted.

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

RECOMMENDATION

That Council endorses the applicants outlined in the table below as members of the Liverpool Access Committee:

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Approve and adopt the attached Draft Woodward Place Blueprint to progress the development of the Woodward Place Masterplan;

2.    Direct the Chief Executive Officer to progress an Expression of Interest, and subsequent tender process, to procure a suitably qualified and competent design consultant for the development of a Masterplan for the Woodward Park/ Place precinct;

3.    Note that further Councillor workshops and updates, in addition to extensive community consultation, will form part of the development of the Masterplan; and

4.    Direct the Chief Executive Officer to include sufficient funds for the master planning works in the 2019/20 budget.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.      Note the inspection report by Fire and Rescue NSW, as shown in Attachment A; and

2.    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 49 Heathcote Road Moorebank.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Rhodes

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Approves the granting of an easement to drain water over Lot 21 in DP 1000072, located at 93 Box Road corner Hume Highway, Casula on the terms as outlined in the confidential report;

2.    Keeps this report confidential 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;

3.    Approves the transfer of the compensation amount into the General Property Reserve; and

4.    Authorises its Delegated Officer to execute any document, under Power of Attorney, necessary to give effect to this decision.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Approves the total acquisition of Lot 2 DP 567321, being 2082 Camden Valley Way, Edmondson Park on the terms outlined in this confidential report;

2.    Authorises the CEO or her delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;

3.    Approves a public notification of its intention to classify the land as “operational’ land upon acquisition; and

4.    Keeps confidential this report 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 Harle                  Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council: 

1.    Accepts the Tender from Every Trade Building Services for WT2759 – Portion A, Bigge Park Amenities building including an automated toilet for a contract term of 16 weeks at the GST inclusive price of $1,137,832.30;

2.    Accepts the Tender from Icon Building Group Pty. Ltd. for WT2759 – Portion B, Bigge Park Council storage building for a contract term of 16 weeks at the GST inclusive price of $211,784.62;

3.    Makes public its decision regarding Tender WT2759 – Bigge Park Water Play Amenities and Council Store;

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

5.      Notes that this report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to approve tenders up to a value of $1 million; and

6.      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 Kaliyanda

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

RECOMMENDATION

That Council:

1.    Approves the grant of an easement for gas main to Jemena over Pt Lot 101 DP 1190263 (Pt Mill Park, Casula) and within a Right of Carriageway benefitting Council through Pt Lot 6 DP 247485 (31 Shepherd St, Casula) on the terms outlined in this report;

2.    Authorises the CEO and/or her nominee to negotiate with Jemena and or the applicant the terms of the 88B instrument and any associated adjustment of value of the easement;

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

4.    Approves the transfer of the compensation amount into the General Property reserve; and

5.    Authorises its delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Direct the CEO to proceed with the Liverpool Civic Place development as per the plans and scope reported to Council on 29 October 2018, without additional car parking; and

2.    Direct the CEO to explore the possibility of additional public parking spaces at alternative parking sites such as the Whitlam Leisure Centre, and report back to Council by the Ordinary Meeting of Council in March 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That Council:

1.      Direct the CEO to proceed with the Liverpool Civic Place development as per the plans and scope reported to Council on 29 October 2018, without additional car parking; and

2.      Direct the CEO to explore the possibility of additional public parking spaces at alternative parking sites such as the Whitlam Leisure Centre, Pirie Street and Bathurst Street, and report back to Council by the Ordinary Meeting of Council in March 2019.

3.      Continues further investigation of stacked parking.

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

RECOMMENDATION

That Council:

1.    Approves the acquisition of Lot 35 DP 1228502, being part of 10 Croatia Avenue, Edmondson Park on the terms outlined in this confidential report;

2.    Authorises the CEO or her delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;

3.    Classifies the land as “operational” in accordance with section 31(2) of the Local Government Act 1993; and

4.    Keeps confidential this report 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 Shelton              Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Notes the Gateway Determination (and gateway alteration) for Liverpool Local Environmental Plan 2008 Amendment 71 and the submissions received;

2.    Approves the planning proposal and delegates to the CEO to liaise with the Parliamentary Counsel’s Office and Department of Planning and Environment to finalise Liverpool Local Environmental Plan 2008 Amendment 71; and

3.    Notify the submitters of Council’s decision.

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Shelton

That Council move into Closed Session to discuss this item.

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

Mayor Waller called a recess of Council at 8.25pm.

Mayor Waller reopened the meeting at 8.32pm.

Council moved into Closed Session at 8.32pm to deal with Item EGROW 02 Draft Liverpool Local Environmental Plan 2008 Amendment 71 - Rezoning of certain lands in Preston for Environmental Conservation - Post-exhibition report 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.

Clr Hadchiti arrived at the meeting at 8.32pm.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Rhodes

That Council defer Item EGROW 02 until the Court has finalised its decision.

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

Vote for:                                Mayor Waller

                                               Clr Hadchiti

                                               Clr Hadid

                                               Clr Hagarty

                                               Clr Harle

                                               Clr Karnib

                                               Clr Rhodes

Vote against:                        Clr Ayyad

                                               Clr Kaliyanda

                                               Clr Shelton