That the minutes of the Ordinary Meeting held on 26 June 2019 be confirmed as a true record of that meeting.

NOTICE OF MOTION OF RESCISSION

Signed:

Clr Peter Harle

Clr Karress Rhodes

Clr Tony Hadchiti

Clr Gus Balloot

Clr Mazhar Hadid

Clr Tina Ayyad

Mayor Waller ruled the Rescission Motion out of order as parts of the resolution from the 12 December 2018 meeting have been enacted.  The Mayor was willing to consider an urgent Notice of Motion on the matter. 

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Hadid

That Council:

1.    Reaffirms the December 2018 resolution opposing the increase in density and heights as proposed for the Middleton Grange Town Centre at the time;

2.    Direct the CEO to write to all residents, via direct mail, in Middleton Grange once a further report is provided to Council in September 2019, clarifying the range of residential units under the current zoning controls;

3.    Direct the CEO to provide a report back to the September 2019 Council Meeting with the following information:

a.      Assumed outcomes for development of the site under the current zoning;

b.      Assumed outcomes for development of the site referencing the document handed over by the proponent to residents at their meeting on Sunday the 28th of July; and

c.      Assumed outcomes for development of the site referencing the Draft DCP which takes into account zone boundary changes and road realignments.

            Outcomes in the context above means assumed yields for dwellings           /retail/commercial space as well as infrastructure & contributions, noting         assumptions will need to be used particularly in relation to the amount of commercial/business and retail uses. The assumptions used are to be clearly             outlined in the report back to Council.

4.    Commit that if any amendments were to be made by the proponent for the Middleton Grange Town Centre planning proposal an exhibition/community consultation period of 28 days would be undertaken;

5.    Writes to the Department of Planning advising of Council’s action and above resolution; and

6.    Investigate after 6 months if no application is lodged for the Middleton Grange Town Centre other areas in Middleton Grange that would be appropriate for retail.

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

Councillors voted unanimously for this motion.

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Hagarty

That Council makes public the webcast of item NOMR 01 of this meeting for 28 days for residents of Middleton Grange that could not attend the meeting.

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

Mayor Waller called a recess at 7.39pm.

Mayor Waller resumed the meeting at 7.49pm with all Councillors present except Clrs Hadchiti, Hadid, Rhodes and Shelton.  

Clrs Hadchiti, Hadid, Rhodes and Shelton returned at 7.50pm.

RECOMMENDATION

That Council:

1.   Place the Draft Liverpool Pioneers’ Memorial Park Conservation Management Plan on exhibition for a period of 28 days; and

2.    Delegates to the CEO the finalisation of the Draft Liverpool Pioneers’ Memorial Park Conservation Management Plan if no submissions are received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period.

COUNCIL DECISION

Motion:                                  Moved: Clr Ayyad               Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Endorses the draft Community Participation Plan;

2.    Place the draft Community Participation Plan on public exhibition for a minimum period of 28 days in accordance with Schedule 1 of the Environmental Planning and Assessment Act 1979; and

3.    Delegates to the CEO the finalisation of the Community Participation Plan and subsequent amendments to the Liverpool Development Control Plans should no submissions be received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton             Seconded: Clr Ayyad

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Supports the replacement street names for Austral noted in this report, being:

-   Nino Avenue; and

-   Tony Avenue.

2.    Authorises the Chief Executive Officer (CEO) to undertake the process of gazettal, if there are no submissions received during public exhibition.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hagarty

That Council:

1.    Supports the replacement street names for Austral noted in this report, being:

-   Nino Avenue; and

-   Tony Avenue.

2.    Authorises the Chief Executive Officer (CEO) to undertake the process of gazettal, if there are no submissions received during public exhibition.

3.      Investigates the potential to name an adjacent RE1 or similarly zoned section of land Antonio Messina Park / Reserve. As part of the investigation, Council to obtain a submission from Antonio Messina’s daughter.

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

RECOMMENDATION

That Council:

1.   Note the advice provided by the Liverpool Local Planning Panel;

2.   Endorses in principle the planning proposal for 240 Governor Macquarie Drive, Warwick Farm, subject to the applicant submitting a modified proposal with a maximum floor space ratio (FSR) of 2:1 equating to approximately 58,600m² GFA or 500 dwellings with access to the bonus FSR provisions contained within Clause 4.4 (2B) of the Liverpool Local Environmental Plan (LEP) (up to 3:1), a maximum height of buildings of 45m and the preparation of a site specific Development Control Plan;

3.   Delegate to the CEO authority to negotiate a revised VPA offer with the proponent, agree the terms of the offer with the proponent and report back to Council the details of the VPA prior to exhibition of the planning proposal, consistent with Council’s Planning Agreements Policy;

4.   Endorses in principle the potential public benefit contributions of the VPA, to be further negotiated, include:

o  Monetary contributions towards the cost of local road improvements;

o  Funding appropriate road works including a 2.5m wide shared path, public domain improvements including street trees and landscaping along Governor Macquarie Drive between Hume Highway and Munday Street in accordance with Council’s design plan for the Hume Highway/Governor Macquarie Drive intersection upgrade and Warwick Street between the Hume Highway and Manning Street;

o  Improved pedestrian and bicycle access to and from the site and Warwick Farm railway station and north and south of the Hume Highway;

o  Provision of 5% of the dwelling yield as affordable housing (to be dedicated to Council) to be managed as affordable rental housing by a community housing provider; and

o  Providing a retail/commercial space in the development for a period of 5 years at a reduced commercial rent for a community organisation/s to be agreed between the proponent and Council; and

5.   Delegate authority to the CEO to finalise the above amendments to the planning proposal and submit the planning proposal to the Department of Planning, Industry and Environment for a Gateway determination with a recommendation that detailed traffic modelling, an economic impact assessment, a noise mitigation strategy and a site specific DCP be included as Gateway conditions to be satisfied prior to public exhibition.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hagarty

That Council:

1.    Note the advice provided by the Liverpool Local Planning Panel;

2.    Delegate to the CEO to provide a report back to Council by the December 2019 Council meeting that includes the possible number of dwellings that would be permitted in the remaining Warwick Farm precinct presuming the LEP is revised to rezone the Warwick Farm Racing precinct to B4 mixed business and presuming all Government Departments and Agencies agree to the change in zoning currently being considered by Council;

3.    Endorses in principle the planning proposal for 240 Governor Macquarie Drive, Warwick Farm, subject to the provision of the Council report to be provided at the December 2019 Council meeting and the possible need for the proponent to submit a modified proposal that takes into consideration the report from Council in which the number of dwellings permissible is proportionate to the area of the development site and the total number of dwellings that would be possible in the remaining Warwick Farm Racing  Precinct area if the LEP is revised to include B4 in that remaining area and if the rezoning the remaining site was subsequently approved by Gateway; and

4.    Notes the current VPA offer from the proponent and that a new VPA would need to be negotiated should the council report identify the need for a revised submission from the proponent.

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

Vote for:           Mayor Waller

                          Clr Balloot

                          Clr Hadchiti

                           Clr Hagarty

                          Clr Harle

                          Clr Kaliyanda

                          Clr Rhodes  

Vote against:   Clr Ayyad

                          Clr Hadid*

                          Clr Karnib

                          Clr Shelton

*Clr Hadid did not vote for or against the motion.  Therefore, in accordance with Clause 10.4 of Council’s Code of Meeting Practice (as shown below), he is recorded as voting against the motion:

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

RECOMMENDATION

That Council:

1.       Notes the findings contained in this report, including costs;

2.       Requests the CEO develop guidelines for the assessment and prioritisation of requests for additional parking on narrow streets by December 2019, noting the significant cost savings associated with Option 2 compared to Option 1; and

3.       Considers an appropriate funding allocation to deliver on-street parking projects when preparing the 2020/21 budget.

COUNCIL DECISION

Motion:                                  Moved:  Clr Hadchiti           Seconded:  Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Endorse its voting delegates for voting on motions (being the Mayor and all Councillors (except Clr Hadid, noting that Clr Hadid already has a vote as he is a Director of the Association)) and determine its voting delegates for voting in the Board election (noting that Council is entitled to 9 voting delegates and Clr Hadid is entitled to a vote as he is a Director of the Association); and

2.       Endorse the key issues to be submitted for consideration at the Local Government NSW Annual Conference.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda         Seconded: Clr Rhodes

That the recommendation be adopted.

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

RECOMMENDATION

That Council receive and note this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton             Seconded: Clr Ayyad

That the recommendation be adopted.

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

RECOMMENDATION

That Council endorses the funding recommendation of $27,500 (GST exclusive) under the Corporate Sponsorship Program for the following projects:

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda         Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Receives and notes this report; and

2.   Endorse an option to be further investigated through a masterplanning process.

COUNCIL DECISION

Motion:                                  Moved: Clr Ayyad               Seconded: Clr Hadchiti

That Council:

1.      Receives and notes this report; and

2.      Endorses Option 1 with a 50 metre indoor lap swimming pool to be explored through the Master Plan exercise and the Master Plan to be reported back to the first Council meeting in February 2020.  

Foreshadowed motion:       Moved: Clr Rhodes             Seconded: Clr Harle

That Council:

1.    Receives and notes this report; and

2.    Endorses Option 2 with the following amendments:

·         50 metre indoor/outdoor lap swimming pool to be explored; and

·         The final dot point of Option 2 as shown on page 152 of the Council Agenda  be changed to remove the word “Aquatic” so that it reads;

“Potential future expansion of facilities.”

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

The Foreshadowed Motion (moved by Clr Rhodes) lapsed.

RECOMMENDATION

That Council:

1.   Endorses the draft Liverpool Aquatic and Leisure Centre Strategy to be placed on public exhibition; and

2.   Receive a report at the completion of the public exhibition period noting feedback received and any changes made to the draft Strategy in line with community feedback, or if no submissions are received, delegate authority to the CEO to endorse the draft Liverpool Aquatic and Leisure Centres Strategy.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda         Seconded: Clr Ayyad

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 Kaliyanda

That Council:

1.    Receives and notes this report; and

2.    Congratulates staff, Director of City Corporate, Mr Christopher White and Chief Executive Officer, Ms Kiersten Fishburn on the work and effort which ensured that Council received confirmation of approval of payment to Council pursuant to the agreed fee-for-service model in relation to the Moorebank Intermodal Terminal.  This represents a payment equivalent to 100% of the rates payable on the site annually, were it held privately.  

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

RECOMMENDATION

That Council receives and notes the report.

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 writes to each winner and congratulates them on their success.

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 receives and notes the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 6 June 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadchiti

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 5 June 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadchiti

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 Environment Advisory Committee Meeting held on 4 June 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadchiti

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 Sports Committee Meeting held on 30 May 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadchiti

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 Access Committee meeting held on 13 June 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadchiti

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 Strategic Panel Meeting held on 11 June 2019.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadchiti

That the recommendation be adopted.

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

Liverpool's new release areas are poorly serviced by public transport. Suburbs such as Middleton Grange, Elizabeth Hills and Len Waters Estate are barely serviced by single, infrequent routes with limited stops.

The on-demand bus service in Edmondson Park also has issues. According to figures from Transport for NSW, the average cost per passenger of operating on-demand services across all the trial areas is $34.56 per trip. The near by and now abandoned Wetherill Park trial cost taxpayers $940 per passenger. The buses must be booked online, by phone or via an app. This disadvantages commuters who have digital literacy and access issues as well as people from CALD backgrounds. 

Better public transport, including bus services, means more cars off the road, less pressure on commuter car parking and reduced greenhouse gas emissions. Research has also shown that riding a bus is 90 times safer than car travel.

With more housing developments coming in suburbs such as Austral, Liverpool needs better existing and future public transport including buses.

Please address the following:

1.    Are additional, more frequent bus services planned for Liverpool? Specifically new release suburbs and estates including Parkbridge Estate?

2.    Are additional on-demand bus services planned for Liverpool?

3.    What is the cost per passenger of the Edmondson Park on-demand bus service?

4.    What measures are in place to ensure the on-demand bus service is inclusive and accessible?

Response

The State government funds the provision of public passenger bus services and the services are administered by Transport for NSW (TfNSW). In the Liverpool Local Government Area, Transport for NSW has contracts for the provision of bus services with the following three local bus companies: Interline Bus Services, Transit Systems and Transdev.

Interline and Transit Systems provide bus services in the new release areas of Middleton Grange, Edmondson Park, Austral and Leppington.

Are additional, more frequent bus services planned for Liverpool? Specifically new release suburbs and estates including Parkbridge Estate?

Transport for NSW assess public transport demand in new release areas and periodically approves extension of existing bus services to service new release areas subject to State government funding allocation. As an example, Interline Bus Services currently provides services to the southern portion of Middleton Grange. However services are yet to be extended to the northern portion including Parkbridge Estate.

Transport for NSW have advised that the service has not been extended because funding is yet to be allocated for this service. In the meantime this year’s State budget includes a commitment for 14,000 extra weekly bus services across Sydney, Illawarra, Central Coast and the Lower Hunter. This commitment includes more than 1000 additional weekly services for routes in South West Sydney including 400 services for route 895 from Carnes Hill to Edmondson Park.

Council has been making and will continue to make representations for bus services to be extended to new release areas including Parkbridge Estate.  

Are additional on-demand bus services planned for Liverpool?

The only current on demand bus service in Liverpool is the service in Edmondson Park. This service was introduced in part to reduce car parking demand at Edmondson Park train station.

Council has discussed with Transport for NSW (TfNSW) whether they have plans for additional on demand bus services in the Liverpool Local Government Area (LGA). To date TfNSW has advised that there are no plans for additional on demand services to be provided in the Liverpool LGA.

What is the cost per passenger of the Edmondson Park on-demand bus service?

According to Interline Bus Services website, the cost per passenger for a full fare is $2.60 whilst the Concession is $1.30.

An On Demand travel credit trial is now underway. For passengers using this service at Edmondson Park, a transfer credit of up to $2 applies every time a passenger transfers (within 60 minutes) from an Interline bus to an Opal bus or train service. Passengers need to sign up for an On Demand travel credit account to link an Opal card and Interline app account. Further details can be found on TfNSW website

https://transportnsw.info/travel-info/ways-to-get-around/on-demand/edmondson-park

What measures are in place to ensure the on-demand bus service is inclusive and accessible?

Interline advises that their current service (in Edmondson Park) is accessible and inclusive in accordance with the Disability Discrimination Act.

The service arrangement is such that passengers can elect to be picked up from a nominated point and dropped off at Edmondson Park Train Station.

The service is available to residents of Edmondson Park within the area shown below.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Hadchiti  

That Council:

1.    Notes the report; and

2.    Continues to lobby for more bus services and for additional bus routes that service our suburbs and major transport nodes.

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

I have received numerous complaints from residents in new release suburbs about oversized load carrying vehicle movements in the early morning. These vehicles are used to transport other vehicles used in the construction of new housing developments. 

Because of their size and speed the RMS restricts their movement to not impede the peak hour traffic. However, this means residents are burdened with significant amounts of sound and light pollution at all hours of the night.

Surely a common sense solution can be found to lessen the impact on residents.

Please address the following:

Q1     What is the time window imposed by the RMS for transporting an oversized load carrying vehicle?

Response

To operate on the public road network, oversized vehicles require permits issued by the National Heavy Vehicle Regulator (NHVR) or the Roads and Maritime Services (RMS).To minimise traffic impacts, the NHVR or RMS requires oversized vehicle operators to use the road network outside peak traffic periods.

Where the NHVR or the RMS considers that proposed haulage routes could have an impact on local roads, the agencies may request Council’s input as part of their approvals. However, both organisations can issue a permit without consultation with Council and with no time restrictions such as early morning or late at night.

In circumstances where Council is afforded the opportunity to comment on a permit application, Council would recommend to the RMS or NHVR specific haulage routes or times e.g. prohibit the use of Nuwarra Road as a haulage route during school pickup/drop off times to minimise traffic impacts and maintain amenity.

Q2     Does Council also impose time restrictions? 

Response

If an application is referred to Council, our advice includes comments on access arrangements and haulage times to minimise traffic and amenity impacts.

Q3     Can Council legally impose time restrictions?

Response

Council cannot legally impose time restrictions as Council does not issue permits. Council’s involvement is limited to providing input to NHVR and/or RMS. Where the haulage routes do not include the significant use of local streets NHVR and RMS may issue permits without referral to Council.

Q4     Are nearby residents within the vicinity of the drop off point informed about these movements beforehand?

Response

As indicated above, NHVR and RMS can issue permits without referral to Council. In such circumstances nearby residents within the vicinity of drop off points are not informed. Council can request the NHVR and RMS to impose conditions on a permit requiring the transport operators to notify nearby residents.

Q5     Is it legally possible to enforce that nearby residents of the drop off point are informed about these movements?

Response

It is not possible for Council to legally enforce this. As indicated in response to Q3 Council’s role in the assessment of oversized vehicle permits is to provide input in the assessment of permits. The RMS or NHVR are responsible for issuing of permits.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Kaliyanda  

That Council requests the NHVR and RMS to impose conditions on a permit requiring that transport operators notify nearby residents to inform them of movements beforehand.

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

Please address the following:

1.         Are smoking kiosks legal in NSW?

Response

A “Smoking Kiosk” is not recognised in NSW as a particular structure associated with outdoor smoking.

However, a structure could be used as a smoking kiosk and would be permitted if:

-          It complies with Section 8 of the Smoke-free Environment Regulation 2016, requiring that:

o    not be more than 75% of the combined area of walls and ceiling are enclosed; and

o    it is not within 4m of a pedestrian access point to a building; and

o    it is not more than 10m of a children’s playground.

-          Relevant consent for the structure and use are obtained under the Environmental Planning and Assessment Act 1979.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Kaliyanda

That Council notes the response provided.

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

Clr Hadchiti asked that his name be recorded as having voted against the motion. 

Introduction

The push for densification has resulted in the demolition of older dwellings and resulted in vacant lots. The recent drop in house prices has meant these sites have stayed demolished and vacant longer. 

Too often the sites are riddled with overgrown grass, feral cats and other pests to the detriment of the neighbouring community.

Please address the following:

1.    What power does Council have to ensure the reasonable upkeep of vacant lots?

A response to these questions will be provided in the 28 August 2019 Council meeting business papers.

NCIL DECISION

Introduction

When a purchase is made at a local business, that money is likely to stay in Liverpool longer. It is more often spent on local services and at local stores, restaurants and cafes. This multiplier effect results in more local businesses and more local jobs. 

As such, Council should do its utmost to spend as much as is practical on local businesses. We should also encourage other large employers and institutions, such as the hospital, the Universities, clubs etc., to do the same.

Please address the following:

1.    What legislative impediments are there preventing Council and other large employers to preference local businesses, particularly social enterprises, the awarding of contracts? e.g. cleaning and catering?

A response to these questions will be provided in the 28 August 2019 Council meeting business papers.

COUNCIL DECISION

At Council’s December 2018 meeting, a motion regarding Middleton Grange Town Centre was resolved by Council. Point 10 of that motion states:

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

Please address the following:

1.    Who from Council is responsible to implement this part of the motion?

2.    When was the applicant contacted about this? (Please provide us with copies of correspondence relating to this)

3.    What is the progress of getting temporary retail on site as Councillor Hagarty moved in his motion noting that it has been 7 months since Council resolved this motion?

4.    Has the applicant lodged any amended plans for the site with any government body?

A response to these questions will be incorporated into the report to come back to Council in September 2019 (as part of the resolution of NOMR 01 of these minutes).

N

Please address the following:

In relation to the Middleton Grange Town Centre proposal that was before Council in the December 2018 meeting:

1.    What action has Council taken to satisfy point 10 of the recommendation which reads ‘Work with the applicant to explore the option of some form of temporary retail on site’?

2.    The proposal included a Middleton Grange DCP.  Were there merits to that DCP as proposed?

A response to these questions will be incorporated into the report to come back to Council in September 2019 (as part of the resolution of NOMR 01 of these minutes).

Please address the following:

1.    What action has Council taken to address the Petition against the removal of the Tennis Courts in Phillip Park?

2.    Why were the constituents who applied to speak at Council at both the May and June Meetings refused their opportunity to address Council and hand in their petition?

3.    Has Council refused to permit constituents from addressing Council before and if so why were they refused?

A response to these questions will be provided in the 28 August 2019 Council meeting business papers.

CISION

Council recently engaged a consultant to prepare a report addressing the current visitation figures in the Liverpool LGA. The Survey was proposed at the Tourism and CBD Committee so that Liverpool would have a base understanding of the current market and also provide Liverpool Council the opportunity to substantiate the number of international tourists staying in Liverpool at our hotels as the figures included in the Liverpool Council Destination Plan (TBC).

The report when presented to the Tourism and CBD Committee was missing the information needed to substantiate the international visitation figures reported by Liverpool hotels and already included in the Liverpool Council Destination Plan.

Please address the following:

1.    Have the consultants been instructed to contact all the hotels in the Liverpool LGA to substantiate the International visitation figures quoted in the Destination Management Plan?

2.    Have the consultants revised the report to include the International Visitation figures for Liverpool?

3.    Will the revised report be made available to Councillors?

A response to these questions will be provided in the 28 August 2019 Council meeting business papers.

COUNCIL DECISION

“Liverpool City Council is identified in the Collaboration Area Place Strategy as the primary stakeholder in addressing the action of increasing above the targets set out in a Metropolis of Three Cities to improve and increase social and affordable housing”.

Please address the following:

1.    What is the definition of Primary stakeholder in the above context?

2.    What are the Targets set out in the Metropolis of Three Cities for:

a.      Social Housing?

b.      Affordable Housing?

3.    How much is Liverpool as the Primary Stakeholder Increasing above these Targets for:

a.      Social Housing

b.      Affordable Housing?

4.    Does this mean that Liverpool will be providing more social and or affordable Housing than other Western Sydney Cities?

A response to these questions will be provided in the 28 August 2019 Council meeting business papers.

COU DECISION

NOTICE OF MOTION (Submitted by Councillor Hagarty)

That Council:

·    Allocates appropriate funding to commence a public awareness campaign, on the Commuter Car Parking Crisis, including:

o  a community rally;

o  stalls at or near all train stations in the LGA;

o  multilingual flyers;

o  both online and paper petitions.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Karnib

That the recommendation be adopted.

Foreshadowed motion:       Moved: Clr Hadchiti            Seconded: Clr Hadid

That Council write to the relevant Minister as well as the Premier reminding them of their commitment of providing commuter parking at Edmondson Park Train Station and request a firm time frame of the delivery of such parking provisions.

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

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

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

Vote for:             Mayor Waller

                            Clr Hagarty

                            Clr Kaliyanda

                            Clr Karnib

                            Clr Shelton

Vote against:     Clr Ayyad

                            Clr Balloot

                            Clr Hadchiti

                            Clr Hadid

                            Clr Harle

                            Clr Rhodes  

NOTICE OF MOTION (Submitted by Councillor Hagarty)

That Council direct the CEO to:

·    Establish a proactive building inspection and compliance program for sites under construction; and

·    Provide a regular report to Council on the program.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty             Seconded: Clr Kaliyanda

That Council:

1.         Investigates the risks associated with implementing a proactive building inspection program; and

2.         Ask the Audit Risk and Improvement Committee (ARIC) on their opinion of the risks associated and report back to the October 2019 Council meeting. 

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

NOTICE OF MOTION (Submitted by Councillor Ayyad)

That Council:

1.   Prepare a list of ‘shovel ready’ projects to the next council meeting that we can endorse and send to our local members and other levels of government at the next council meeting;

2.   Seek feedback from Councillors about what projects they would like to have put on the list that that are currently not shovel ready;

3.   The CEO write to local community groups, schools (private and government), NGO’s and other groups within the Liverpool area to enquire about what grants they are seeking from other levels of government and what council can do to assist with them;

4.   Have an official policy that acknowledges that grants can be time sensitive and therefore will be treated as a priority from Council’s point of view with regards to assessing development applications or any other statutory approvals. This policy applies to any project that the applicant can demonstrate will be the recipient of government funding (part or full funding); and

5.   Implement this motion immediately and direct the CEO to apply all parts of this motion immediately.

Clr Hadchiti declared a declared a non-pecuniary, less than significant interest during discussion of this item.  

Clr Hadchiti left the Chambers at 9.24 pm.

COUNCIL DECISION

Motion:                                  Moved: Clr Ayyad               Seconded: Clr Hadid

That:

1.    The CEO creates a policy and a document that has the available grants for community usage and outlines the process, and places it on Council’s website in addition to publishing it in other ways;

2.    Council prepare an official policy that acknowledges that grants can be time sensitive and therefore will be treated as a priority from Council’s point of view with regards to assessing development applications or any other statutory approvals. This policy applies to any project that the applicant can demonstrate will be the recipient of government funding (part or full funding); and

3.    The Policy be returned to Council by October 2019.

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

NOTICE OF MOTION (Submitted by Councillors Hadid and Shelton)

That Council directs the CEO to provide a report back to Council by December 2019 detailing opportunities for the repurposing of Council owned or controlled land in the LGA for the purpose of affordable housing.  

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton             Seconded: Clr Hadid  

That Council:

1.    Directs the CEO to provide a report back to Council by December 2019 detailing opportunities for the repurposing of Council owned or controlled land in the LGA for the purpose of affordable housing, noting any action on any report will be subject to community consultation; and

2.    Notes the Chief Executive Officer’s comment (as shown below):

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

CHIEF EXECUTIVE OFFICER’S COMMENT

Council staff are currently in the process of developing the Expressions of Interest package for 75-77 Hill Road, Lurnea for affordable/ community housing.

As per the 29 May 2019 Council resolution, Council will be providing a financial options paper, following the negotiation with suitable Offerer/s, along with any request to approve legal arrangements to affect and award the Offerer.

Following this process, Council will further review other Council owned or controlled land which may provide repurposing opportunities for affordable housing. The EOI process and negotiation will enhance the Council‘s understanding of future site selection and required development considerations.  This will be reported to Council as per the proposed Notice of Motion; depending on the outcome of the EOI this may be later than December 2019.

It will be suggested that Council staff develop suitable selection criteria to determine potential site suitability, such as:

1.    The land being surplus Council land and currently under-utilised

2.    The land being designated ‘operational land’

3.    The land being within 400 meters of transport hubs

4.    The land being of suitable proximity to amenities

5.    The land/ site is not part of Council’s short-term Delivery Program of works

6.    There site is not earmarked for any specific strategic or delivery program for the long-term

7.    The land has economic potential which, with affordable housing development, assist Council to realise the delivery of other infrastructure needs

8.    The land is designated ‘community land’ but there is a strong business case to rezone and reclassify a portion of the land to provide affordable/ community housing.

NOTICE OF MOTION (Submitted by Councillor Rhodes)

That Council prepares a report back to the September 2019 meeting, for Council to consider all suitable public buildings, preferably historic, as a home for the City of Liverpool and District Historical Society, from which they may present a permanent public exhibition of Liverpool’s proud history as well as provide a work space  to manage, maintain and store their collection for the benefit of current and future generations. 

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.

Councillors voted unanimously for this motion.

Note, Clrs Shelton, Hagarty and Kaliyanda were not in the Chambers for this item.

Mayor Waller advised that Council would now move into Closed Session to deal with Items CONF 01, CONF 02, CONF 03, CONF 04, CONF 05, CONF 06 and CONF 07 pursuant to the Local Government Act 1993 as shown below:

-          CONF 01, CONF 02 and CONF 06 is confidential pursuant to the provisions of S10A(2) (g) of the Local Government Act because they contain advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

-          CONF 03 is confidential pursuant to the provisions of s10A(2)(e) of the Local Government Act because it contains information that would, if disclosed, prejudice the maintenance of law.

-          CONF 04 and CONF 05 is confidential because they contain information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

-          CONF 07 is confidential because it contains personal matters concerning particular individuals (other than councillors).

To allow the gallery to leave the Chambers, Mayor Waller called a five minute recess at 9.39pm.

Council resumed at 9.44pm in Closed Session with all councillors present. 

Please address the following:

1.    In the event Council becomes aware that there is a possibility of a private certifier issuing occupation certificates for properties that Council believes do not comply fully with  conditions of consent, is the option of applying to the courts for an injunction to prevent these certificates from being issued available to Council?

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Hadid

That Council receive and note the response provided in the Confidential Book.

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

RECOMMENDATION

That Council note and endorse the Mayoral Direction dated 5 July 2019 attached to the report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Approves the acquisition of Lot 299 DP2475, being 50 Sixth Avenue, Austral 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.       Resolves to classify Lot 299 DP2475 as “operational” land in accordance with 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 Rhodes

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Approves the dedication of Lot 247 DP 846047 as public road for road widening purposes to formalise the existing road reserve as outlined in this report;

2.       Approves the property adjustment works and easement amendments for relocation of existing services within Lot 2 DP 747513, Lot 32 DP 84597 and Lot 10 DP 1091209 as outlined in this report;

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

That the recommendation be adopted.

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

NOTICE OF MOTION

That Council under Section 10A(2)(g) of the Local Government Act 1993 go into closed session at the conclusion of other items to discuss advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Hadid

That Council notes the information.

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

NOTICE OF MOTION

That Council under Section 10A(2)(a) of the Local Government Act 1993 go into closed session at the conclusion of other items to discuss personnel matters concerning particular individuals (other than Councillors).

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Kaliyanda

That the Mayor and CEO come back to Councillors with further strategies.

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

OPEN SESSION

Council moved back into Open Session at 10:46pm. 

Mayor Waller then read out the resolutions from the Closed Session (as shown on pages 61-67 of these minutes).