Agenda of Ordinary Meeting - 28 October 2019

Order of Business

PAGE TAB

Opening

Acknowledgment of Country and Prayer

National Anthem

Apologies

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 25 September 2019.......................................................... 6

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Chief Executive Officer Report

CEO 01 Resubmission: Biannual Report January - June 2019................................... 71......... 1

CEO 02 Western Parklands Councils' Governance Arrangements........................... 107......... 2

CEO 03 Coaching and Development of Staff regarding Resolution NOM 01 28 August 2019 - report back to Council................................................................................. 127......... 3

CEO 04 National Growth Areas Alliance (NGAA) - Elections for Strategic Advisory Committee..................................................................................................... 134......... 4

City Economy and Growth Report

EGROW 01 Proposed amendments to Part 1 and 4 of Liverpool Development Control Plan 2008 (Amendment 25) following gazettal of Liverpool Local Environmental Plan 2008 (Amendment 52).................................................................................. 163......... 5

EGROW 02 Street Naming Request - Edmondson Park................................................. 170......... 6

EGROW 03 Planning Proposal - Holsworthy Town Centre............................................. 173......... 7

EGROW 04 Voluntary Planning Agreement in Conjunction with DA-541/2016 at 53 Clyde Avenue, Moorebank (to be included in Addendum Booklet)

City Community and Culture Report

COM 01 Grants, Donations and Corporate Sponsorship........................................... 180......... 8

COM 02 Liverpool District Forums - Terms of Reference Review............................. 183......... 9

COM 03 Response to NOM 03 from 31 July 2019 - Infrastructure Funding Priorities 194 10

City Corporate Report

CORP 01 Reducing Red Tape - Development of Policies, Standards, Charters, Procedures and Strategies............................................................................................... 205....... 11

CORP 02 Investment Report September 2019............................................................ 236....... 12

CORP 03 Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons......................................................................................................... 245....... 13

CORP 04 Annual Financial Statements 2018-19 (to be included in the Addendum Book)

City Presentation Report

NIL

City Infrastructure and Environment Report

NIL

Committee Reports

CTTE 01 Minutes of the Liverpool Sports Committee Meeting held 29 August 2019. 248....... 14

CTTE 02 Minutes of the Liverpool Heritage Advisory Committee Meeting of 17 September 2019.............................................................................................................. 258....... 15

CTTE 03 Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 5 September 2019........................................... 266....... 16

CTTE 04 Minutes of the Liverpool Youth Council Meeting held on Wednesday 4 September 2019.............................................................................................................. 273....... 17

CTTE 05 Minutes of Budget Review Panel 19 September 2019................................ 280....... 18

CTTE 06 Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee Meeting (to be included in Addendum Book)

Questions with Notice

QWN 01 Question with Notice - Clr Harle - Excessive Noise and Use of Public Address Systems in Recreational Areas.................................................................... 288....... 19

QWN 02 Question with Notice - Clr Hagarty - Edmondson Park Commuter Car Park 290 20

QWN 03 Question with Notice - Clr Hadchiti - Basketball.......................................... 292....... 21

QWN 04 Question with Notice - Clr Hadchiti - Parking Meters................................... 293....... 22

QWN 05 Question with Notice - Clr Hadchiti - Civic Place......................................... 294....... 23

QWN 06 Question with Notice - Clr Balloot - Local Government Conference............ 295....... 24

Presentations by Councillors

Notices of Motion

NOM 01 Fast Charging Station................................................................................... 296....... 25

NOM 02 Wood Encouragement Policy....................................................................... 298....... 26

MINUTES OF THE Ordinary Meeting

HELD ON 25 September 2019

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot (arrived at the meeting at 6.34pm)

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, Special Projects Officer

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr Andrew Stevenson, Chief Strategy and Engagement Officer

Mr John Morgan, Director Property and Commercial Development

Mr David Smith, Manager Planning & Transport Strategy

Mr Edward Steane, Project Lead Fifteenth Avenue Smart Transit Corridor

Ms Julie Scott, Manager City Economy

Mr George Georgakis, Manager Council and Executive Services

Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)

The meeting commenced at 6.01pm.

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice (other than the Public Forum Section), the meeting is being livestreamed.

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY

The prayer of the Council was read by Father Anthony Morgan from St George and Prince Tadros Coptic Orthodox Church.

NATIONAL ANTHEM

The National Anthem performed by Rebekah Ferro was played at the meeting.

APOLOGIES

Nil.

Condolences

Mr John Eastwood (read by Clr Harle)

John Eastwood was born on the 5^th May 1943 and passed away 10 September 2019.

He was the co-founder of the Young Adult Disabled Association (YADA). He was the heart and soul of YADA and did tremendous work for the community and the Young Adults Disabled Association. He received several awards including the Order of Liverpool and awards by the Member for Hughes and the previous Member of Menai.

He was described as a genuine crusader who sought for others a better life supporting those with disability easing their families worry and strife. Always there with a kind word, hug or telling a joke. He believed; be less quick to anger, show appreciation more, love the people in your life like you’ve never loved before. He adored his YADA kids as their champion, took them under his wing, dressing up with cheers and laughter whilst mentoring them to dance and sing. His favourite reply when asked how he was going was “flat out like a lizard drinking”. He gave 100% in all the things he tried.

Motion: Moved: Mayor Waller

That Council writes to the family of Mr Eastwood expressing our condolences for their loss.

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

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 28 August 2019 be confirmed as a true record of that meeting.

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

Declarations of Interest

Clr Ayyad declared a declared a pecuniary interest in the following item:

EGROW 02: Phase 1 of LEP Review to establish the Liverpool Local Environmental Plan 2020.

Reason: Clr Ayyad and her husband own a property in Moorebank.

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

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

EGROW 04: Middleton Grange Town Centre

Reason: He has family members that live in the area.

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

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

EGROW 05 Draft Liverpool Contributions Plan 2019 – Austral and Leppington North

Reason: Clr Hadchiti owns a property in Leppington North on the Camden Council side.

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

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

EGROW 03 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society.

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

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

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

EGROW 03 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society.

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

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:

EGROW 03 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society.

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

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:

EGROW 03 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society.

Reason: Clr Rhodes is not a current financial member, but was a financial member of the Liverpool District Historical Society in the past.

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

Public Forum

Presentation – items not on agenda

Ms Jennifer French addressed Council on the following item:

Traffic Crisis in Liverpool.

Motion Moved: Clr Shelton Seconded: Clr Hadchiti

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

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

2. Mr Stephen Matheson addressed Council on the following item:

Declaring a Climate Emergency in the Liverpool local government area.

Motion Moved: Clr Shelton Seconded: Clr Rhodes

That a three minute extension of time be given to Mr Matheson.

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

Representation – items on agenda

Mr Michael Byrne, President – East Liverpool Progress Association addressed Council on the following item:

CEO 03 - Ward Boundaries.

2. Mr Michael Byrne, President – East Liverpool Progress Association addressed Council on the following item:

CTTE 06 - Minutes of the Intermodal Committee Meeting held on 14 August 2019.

Mayoral Report

ITEM NO: MAYOR 01

FILE NO: 235061.2019

SUBJECT: Eat Your Heart Out Liverpool 2019

Liverpool hosted its third annual Eat Your Heart Out festival on Saturday, 31 August 2019.

This event started as a celebration of our revitalised city centre in 2016 and three years on, we still have plenty to celebrate.

It was a lively day full of music, food and art. The main stage, which was curated by Settlement Services International, was buzzing with a fantastic line-up of Western Sydney performers who reflected the region’s diversity and got the audience dancing. The ‘Desi Experience’ by Bindi Bosses was a particular highlight – showcasing a high-energy blend of traditional and modern dance and music styles that drew a large crowd.

Liverpool-born-and-raised headliner L-FRESH The LION also brought his incredible live performance to the festival, which included reminiscing about his youth in Liverpool. I particularly agree with his reference to Liverpool as a ‘village’ where diversity isn’t a buzz word, but our way of life.

Through the workshops, artistic performances, children’s games and lots of lights, Eat Your Heart Out transformed the Norfolk Serviceway and adjoining carparks, bringing the site to life, particularly as the festivities went on into the night. There was a contemporary urban atmosphere that still maintained Liverpool’s authenticity, thanks in large part to the 5,000 festival goers that attended.

In addition, over fifteen food vendors offered cuisines from across the globe – everything from Indian to Mexican, Vietnamese to German. It was great to see that half of these food vendors were local businesses coming out to participate. El Topo Cantina, Nefiz, Al Israa, Tropicana, Indian Taste Liverpool, Bun Me Baguette, The Spot and Macquarie Bistro presented their signature offerings to customers, many of whom were discovering these businesses for the first time.

It was heartening to see that the businesses attached to the car park were willing to share their space, with many generously assisting in preparing the site for the event. This cooperation also allowed Council to install an ambitiously long mural along the back of one of the buildings, facing the carpark. This beautiful piece of art will remain as a legacy of the event that reflects the cultural diversity of the business owners in that little corner of the CBD.

Eat Your Heart Out Liverpool was a true celebration of Liverpool’s diversity, growth, and most importantly, heart. I commend the efforts of Council staff who worked tirelessly to deliver a fantastic event that activated our beautiful city at night and brought pride to our community.

RECOMMENDATION

Motion: Moved: Mayor Waller

That Council:

1. Acknowledge and congratulate all staff involved in delivering the Eat Your Heart Out Liverpool festival; and

Write to all the local businesses and participants involved in the 2019 Eat Your Heart Out Liverpool festival to thank them for their participation.

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

MOTION TO CHANGE THE ORDER OF BUSINESS

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That CEO 01 and CEO 02 be moved to the end of the order of business on the agenda and dealt with later at the meeting.

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

ITEM NO: CEO 02

FILE NO: 225232.2019

SUBJECT: Appointment of Councillors to Committees and Affiliated Bodies

RECOMMENDATION

That Council:

1. Appoints Councillors as representatives to the following Committees for the period to September 2020:

a. Aboriginal Consultative Committee

b. Audit, Risk & Improvement Committee

c. Casula Powerhouse Arts Centre Board

d. District Forums

e. Environment Advisory Committee

f. Heritage Advisory Committee

g. Intermodal Committee

h. Liverpool Access Committee

i. Liverpool Sports Committee

j. Tourism & CBD Committee

k. Youth Council

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

a. Budget Review Panel

b. Strategic Panel

c. Civic Advisory Committee

d. Community & Safety Prevention Committee

3. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies them of their representatives for the period to September 2020:

a. Georges River Combined Councils Committee

b. Western Sydney Migrant Resource Centre

c. Liverpool Pedestrian, Active Transport and Traffic Committee

d. Macarthur Bushfire Management Committee

e. NSW Metropolitan Public Libraries Association

f. South West Regional Planning Panel

g. South West Sydney Academy of Sport (SWSAS)

h. Western Sydney Regional Organisation of Councils (WSROC)

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Shelton

That Council:

Appoints Councillors as representatives to the following Committees for the period to September 2020:

Aboriginal Consultative Committee
Representatives	Mayor Waller and Clr Shelton

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

Casula Powerhouse Arts Centre Board
Representatives	Mayor Waller and Clr Kaliyanda

Rural District
2019-2020 Representative	Clr Harle

New Release/Established District
Representative	Clr Hagarty

2168 District
Representative	Mayor Waller

Eastern District
Representative	Clr Rhodes

Environment Advisory Committee
Representatives	Clr Harle and Clr Shelton

Heritage Advisory Committee
Representatives	Clr Hadid and Clr Harle

Intermodal Committee
Representative	Clr Hadchiti

Liverpool Access Committee
Representatives	Mayor Waller and Clr Harle

Liverpool Sports Committee
Representative	Clr Kaliyanda

Tourism & CBD Committee
Representatives	Clrs Balloot, Hadid, Hadchiti, Hagarty and Shelton

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

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

a. Budget Review Panel

b. Strategic Panel

c. Civic Advisory Committee

d. Community & Safety Prevention Committee

Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies them of their representatives for the period to September 2020:

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

Western Sydney Migrant Resource Centre (WSMRC)
Representative	Deputy Mayor Karnib

Liverpool Pedestrian, Active Transport and Traffic Committee
Representative	Clr Hagarty

Macarthur Bushfire Management Committee
Representative	Clr Harle

NSW Metropolitan Public Libraries Association (NSW MPLA)
Representative	Clr Kaliyanda

South West Regional Planning Panel
Representatives	Mayor Waller and Clr Harle, with Clrs Hagarty and Karnib as alternates.

South West Sydney Academy of Sport (SWSAS)
Representative	Clr Kaliyanda

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

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

ITEM NO: QWN 02

FILE NO: 214437.2019

SUBJECT: Question with Notice - Clr Ayyad - Status of Item CORP 03 from 27 March 2019 Council Meeting - Provision of Public Parking to City Centre South

Please address the following:

‘What is the status of the items resolved in the attached’?

Response

Council, at its meeting held on 27 March 2019 considered a report regarding the provision of additional parking and resolved the following:

That Council:

Approves the implementation of the additional at-grade car parking proposal at Woodward Park;
Directs the CEO to include sufficient funds to implement the works in the 2019/20 budget;
Approves the repurposing of 68 Speed Street, Liverpool (Lot 231 DP635209) as public car parking;
Delegates authority to the CEO to negotiate with the interested parties to achieve favourable commercial terms on 68 Speed Street in both financial outcome and public benefit, and advise Councillors of progress through the CEO update process;
Advocates for the delivery of commitments in relation to commuter carparks as promised by the State Government;
Direct the CEO to bring a report to Council, listing all commitments made by the Government relating to the Liverpool LGA during the election campaigning period and also specifically related to the delivery of commuter carparking.

The following provides an update on actions taken to effect the above resolution of Council.

1. Additional at-grade car park at Woodward Park

Council accepted the following program of improvement works to provide additional parking capacity at Woodward Park.

Stage 1 - refer to plan below

Location	spaces provided	Scope
Zone 1	88 additional spaces	Conversion into car park, new road links
Zone 4	49 existing spaces	Existing car park, new sign posts

Stage 2 - refer to plan below

Zone 2	89	New car park
Zone 3	31	Reconfigured car park

Council is pleased to advise that Stage 1 of the program was successfully completed in June 2019, with a total of 106 additional parking spaces created through line marking and appropriate signposting.

With regards to Stage 2 of the Program, detailed designs are being progressed to enable construction works to be completed in December 2019. Council is concurrently liaising with the Aboriginal Land Council in relation to pending Aboriginal Land Claim over the subject site.

2. 68 Speed Street Carpark

Construction of the Speed Street car park will involve the demolition of the existing decommissioned community building and provision of controlled earthworks to fully encapsulate the contaminated underlying surface.

A Development Application is being prepared to enable demolition works to be undertaken later this year followed by car park construction works. At this stage, the car park works are anticipated to be completed in early 2020.

3. Delegates authority to the CEO to negotiate with the interested parties to achieve favourable commercial terms on 68 Speed Street in both financial outcome and public benefit, and advise Councillors of progress through the CEO update process;

Recent discussions with the interested party (Coronation Pty Ltd) have revealed that at this time they do not wish to proceed with the car park.

4. Advocates for the delivery of commitments in relation to commuter carparks as promised by the State Government;

Council has written on several occasions to the NSW Government about commuter carparking commitments. The issue has also been raised with local MPs, stakeholders and government agencies on a regular basis.

5. Direct the CEO to bring a report to Council, listing all commitments made by the Government relating to the Liverpool LGA during the election campaigning period and also specifically related to the delivery of commuter carparking.

A report listing election commitments made by the NSW Government, including those relating to commuter carparking, was provided to the April 2019 Council meeting.

Clr Hagarty left the Chambers at 8:35pm.

Clr Hagarty returned to the Chambers at 8:37pm.

ITEM NO: NOM 03

FILE NO: 233180.2019

SUBJECT: Changes to the Code of Meeting Practice

Background

Council Meetings are held mid-week at the busiest time for our constituents and therefore they may not always be available to watch the Live stream or attend Council meetings.

Live streaming the Council meetings and then removing the video recording once the Council Meeting has finish means some people are less informed than others for no other reason than they could not be available on the night of the Council Meeting.

All constituents have the same right to ease of access to that information contained in the Video recordings as those people who were able to attend or watch the Live Stream on the night of the meeting.

Council recently chose to upload a video recording onto the Council website because Council understood that by uploading that video onto the Council website they were providing the maximum opportunity for all of the public to have the same factual information as those people who were fortunate enough to either attend the meeting or watch via the Live Stream.

For Council to make a decision about what information they upload onto the website and what information they do not upload onto the website for public access could be perceived as Council controlling what information it is willing to share with the public and what information it is not willing to share.

It is also permitting Council to make a decision on what they feel is important rather than permitting the public to have access to the entire video recordings in order for them to decide for themselves what is important to them.

It is in the best interest of Liverpool that the public is fully informed at the same time to the facts of each meeting that is included in the entire video recording of each Council meeting. This can only be attained by uploading the video recordings of each meeting onto the Council website after the meeting has concluded for full public access in a similar way as the Minutes are made publicly available.

We need to upload the video recordings onto the Council website because not all people are available to watch the live stream of the meeting.

In Liverpool we have over 80% of constituents who have to leave the Liverpool LGA each day to work. At the time our Council meetings are being live streamed on our Council website, many residents are not even home from work.

When they do get home, they are busy providing family meals and preparing for work or school the next day.

In Liverpool we have a high percentage of constituents who work night shift making them unavailable to watch the live stream of the Council Meeting.

We pride ourselves on being a Health and Education Hub and yet Doctors, Nurses, Educators, Students, Night Time shift workers and Hospitality workers all people who work nights are being excluded if we do not upload video recordings onto the website. That is the only way they can engage, at a time when they are available.

If we do not upload the video recording after the council meeting onto the Council website we are excluding all the above people from having the same right of access to council information.

This Council has nothing to hide from our constituents, and yet by limiting the access to the recording of Council Meetings, that is what some constituents may think, “What is Liverpool Council hiding”?

The recordings of Council meetings are there to validate and substantiate the written minutes. The recordings cannot undermine the minutes of the meetings as councillors were previously advised. In writing the minutes of Council Meetings the recordings of the meetings are often referenced to assure the accuracy of those minutes, that is not undermining but is actually validating the written minutes.

Director of the Institute for Public Policy and Governance at the University of Technology, Associate Professor Roberta Ryan, said research showed that people held their councils in higher regard when they had more contact and more exposure to what their councils did.

It is difficult for the constituents to understand the range of things that councils do – or the complexity of the decisions that they have to make – if you are not involved with councils. It is only by maximising access to the video recordings of Council meetings that the constituents have that greater understanding and engagement.

Other councils who have embraced the opportunity to better engage with their community through making the video recordings available on their websites are Wollongong, Northern Beaches, Wollondilly, Inner West Council, with Parramatta and Campbelltown set to implement by next year.

General Manager of Northern Beaches said webcasting encouraged the community to understand and be involved with local issues.

Our neighbouring Councils Wollondilly, said “This is a great accomplishment for council as it is one step closer to bringing the Wollondilly community closer together”.

Wollondilly Council’s general manager said webcasting council meetings is an excellent way to enhance access to the democratic decision-making process.

Local government has a very broad range of responsibilities and makes decisions that can affect the whole community.

Uploading the video recording onto Council’s website will provide Liverpool Council

the opportunity to:

· Extend its transparency and maximise the opportunity for public access and participation in council meetings.

· Increase the value of our relationship between council and our community.

· Allow everyone equal and inclusive access to the opportunity to observe the decision-making process regardless of meeting time.

We as Councillors have a duty of care to the constituents of Liverpool, who elected us to be their voice in the decision making processes.

As Councillors we have an obligation to maximise all opportunities for our local community to be engaged, to have access to knowledge about what is going on in our community. That is our job, what we were elected to do.

It is the right thing to do for our constituents, it is the right thing to do for Liverpool.

We ask that you vote in favour of this motion.

NOTICE OF MOTION (submitted by Councillor Rhodes and Councillor Harle)

That Council change the Code of Meeting Practice to:

1. Live stream the Council meeting and up-load the video recording onto the Council website after the conclusion of each meeting.

2. Place all past and future video recording of Council Meetings onto the Council website for full public access, for the same duration as the Council Minutes are made available to the public.

3. Ensure a link to the video recordings is prominently displayed on the home page of the Council website for easy public access to the recordings at all times.

4. Change section 5.13 Entitlement of the public to attend council meetings to include section 3.22 from the previous code of meeting practice.

5. Update the Code of Meeting Practice to reflect the above decision of Council shown below:

Code of Meeting Practice May 2019

Change the Webcasting of meetings

Change Section 5.19 (Page 11) to:

5.19 A recording of each meeting of the council and committee of the council is to be livestreamed onto the Council’s website and on the conclusion of each meeting to be further uploaded for public viewing onto the Council website for the same period of time as the minutes of each meeting. Recordings of meetings may be disposed of in accordance with the State Records Act 1998.

Code of Meeting Practice May 2019

Change section 5.13 Entitlement of the public to Attend Council Meetings (Page 10)

to re-insert and include section 3.22 from the previous Code of Meeting practice.

5.13 Everyone is entitled to attend a meeting of the council and committees of the council. The Council must ensure that all meetings of the council and committees of the council are open to the public.

(Re-insert and include from the Previous Code of Meeting Practice:

Principals Subsection (3.22) below:

“Meetings should be a part of Council’s commitment to Open Government and maximise the access and participation available to the City’s residents”.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council change the Code of Meeting Practice to:

1. Live stream the Council meeting and up-load the video recording onto the Council website after the conclusion of each meeting for a period of 12 months;

2. Place all past and future video recording of Council Meetings onto the Council website for full public access, for a period of 12 months;

3. Ensure a link to the video recordings is prominently displayed on the home page of the Council website for easy public access to the recordings at all times;

4. If necessary, place the changes on Public Exhibition for public comment and delegate to the CEO to implement the changes to the policy if no objections are received; and

5. All previously recorded videos of Council to be uploaded to the website after the public exhibition.

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

ITEM NO: NOM 04

FILE NO: 236118.2019

SUBJECT: Affordable Housing and Planning for Infrastructure

Background

A 2018 report commissioned by the Southern Sydney Regional Organisation of Councils (SSROC) found the NSW Government’s Affordable Rental Housing Policy (AHRSEPP) has delivered very little genuinely affordable rental housing for very-low and low-income households.

According to the report, conducted by the UNSW City Futures Research Centre, despite a growth in boarding rooms and secondary dwellings (granny flats) in Southern Sydney, rents were marginally higher.

Furthermore, the NSW Government’s AHRSEPP contains few to no mechanisms for monitoring to actually see if it has been effective in addressing the very real issue of housing affordability. The lead report author, Dr Laurence Troy, found that, “while the ARHSEPP has delivered large numbers of dwellings across central and southern Sydney, it appears that many of the provisions are being used to circumvent other development controls, such as apartment design standards and dwelling mix, rather than deliver genuinely affordable rental housing”.

The report also found that, as a result, considerable pressure has been added to parts of Sydney without properly planning for wider infrastructure and community services. This is certainly the apprehension of the community in parts of Moorebank and Casula, where developments have been approved under AHRSEPP.

The report found that the Affordable Rental Housing policy needed to be integrated within a broader affordable housing strategy, and more explicitly linked to supporting the delivery of local affordable housing targets required as part of the Greater Sydney Region Plan. As a result, the SSROC have used the report as a basis to advocate for better planning and to have a collaborative approach to an affordable housing strategy among their member councils.

Recent media articles identify Western Sydney as bearing the brunt of population increase in Sydney. Therefore, the need to take a strategic approach to planning affordable housing and better plan for infrastructure and services that will support our whole community is pressing.

NOTICE OF MOTION (submitted by Councillor Kaliyanda)

That Council:

Write to WSROC to consider a collaborative approach to affordable housing strategy amongst member councils;
Write to NSW Minister for Planning to outline concerns around the issues with AHRSEPP in providing adequate infrastructure and community services for not just the existing residents in an area, but also the incoming residents; and

Publicly advocate for a review of AHRSEPP to take local infrastructure needs into account.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Rhodes

That Council:

Write to WSROC and all neighbouring Councils calling for collaborative support for a revision of the State Environment Planning Policies because a one size fits all State Planning Legislation does not consider the local needs in LGA’s.

2. Issues of concern include:

I) Affordable housing

II) Social housing

III) Block size

IV) Road widths

V) Setback controls

VI) Parking provision

Publicly collaboratively advocate for overall strategic decision making to be returned to Local Government through the LEPP and local planning controls.

Advocate for the SEPP’s to only deal with broad infrastructure planning issues that does not constrain Local Government from delivering “Liveable cities” for their constituents.

Council prepare a comprehensive report that outlines Councillor concerns with the SEPP’s for the October meeting for Council approval to be sent to the NSW Minister for Planning, WSROC, and neighbouring Councils.

Publicly advocate for the decision making concerning all development regulation to be returned to Local Government in order to meet the specific and individual needs of each LGA. that are currently not being met by the one size fits all State Environment Planning Policies.

Investigate the opportunity of proposing a motion at the NSW Local Government Annual Meeting to be held in Liverpool this year, proposing for the return of planning decisions to Local Government under Local Government Environment Planning Controls that might sit inside a revised broader State Environment Planning Policies concerning infrastructure planning only, and enables the local individual needs of each LGA to be met at the Local Government.

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

ITEM NO: NOM 05

FILE NO: 236144.2019

SUBJECT: Removal of Liverpool Station Safety and Information Booth

Background

A number of Railway Stations across Sydney have glass rooms at the ticket gates that serve a number of purposes, including safety and provision of information to commuters. They are known as “Garrisons” or “GAC Booths”.

Sydney Trains wants to remove the Garrison at Liverpool Station and replace it with nothing.

The Garrison provides station staff and customers with a safe place in times of overcrowding and during violent episodes.

The Garrison allows them to perform their operational role safely when the rail network is in meltdown (train cancellations, out of course running). The Garrison in the past has assisted commuters and staff for events such as:

· Assisting a pregnant woman during a medical emergency

· Protecting the public and staff from a person wielding an axe

· Helping dementia patients

· Administering first aid

· Shielding staff from violent and abusive customers

· Protecting lost children

· Recuperating from heat exhaustion during summer

The decision to remove the Garrison comes less than a year after Sydney Trains installed new ducted air conditioning in the Garrison.

Liverpool was recently reported to be a hotspot for crime and assault. In dangerous situations, a physical refuge at Liverpool Station like the Garrison is much needed.

NOTICE OF MOTION (submitted by Councillor Kaliyanda)

That Council:

Writes to Sydney Trains CEO, Howard Collins, and NSW Transport Minister, Andrew Constance, to intervene to prevent the closure of the Garrison at Liverpool Station; and

Inform the local Liverpool community about the proposed removal of the Garrison via Council’s official communication channels.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Hagarty

That Council:

Writes to Sydney Trains CEO, Howard Collins, and NSW Transport Minister, Andrew Constance, to intervene to prevent the closure of the Garrison at Liverpool Station; and

Inform the local Liverpool community about the proposed removal of the Garrison via Council’s official communication channels.

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

Confidential Items

ITEM NO: CONF 01

FILE NO: 207886.2019

SUBJECT: Fire and Rescue NSW Referrals

RECOMMENDATION

That Council:

In relation to 11-13 Charles Street Liverpool;

a) note the inspection report by Fire and Rescue NSW, as shown in Attachment 1; and

b) exercise its power to issue a Fire Safety Order, as recommended by Council’s Fire Safety Officer, to address the identified fire safety deficiencies at 11-13 Charles Street Warwick Farm.

In relation to 5-7 Northumberland Street Liverpool;

a) note the inspection report by Fire and Rescue NSW, as shown in Attachment 2; and

b) exercise its power to issue a Fire Safety Order, as recommended by Council’s Fire Safety Officer, to address the identified fire safety deficiencies at 5-7 Northumberland Street Liverpool.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That the recommendation be adopted.

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

ITEM NO: CONF 04

FILE NO: 233119.2019

SUBJECT: Acquisition of part of 145 Edmondson Avenue, Austral for road widening purposes

RECOMMENDATION

That Council:

1. Approves the dedication or acquisition of the area of road widening and the acquisition of proposed Lots 1 and 7, being part of Lot 954 DP 2475, and being part 145 Edmondson 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 the area of road widening and proposed Lots 1 and 7, being part of Lot 954 DP 2475, as “operational” land in accordance with the Local Government Act, 1993; and

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 Karnib

That the recommendation be adopted.

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

CLOSED SESSION

Mayor Waller advised that Council would now move into Closed Session to deal with:

· Item CTTE 06 Minutes of the Intermodal Committee Meeting held on 14 August 2019 under section 10A(2)(a) of the Local Government Act 1993 because it contains personal matters concerning particular individuals (other than councillors); and

· Item QWN 06 Question with Notice - Clr Hadchiti - Parking Meters under section 10A (2)(e) of the Local Government Act 1993 because the item deals with information that would, if disclosed, prejudice the maintenance of law.

Council meeting resumed at 9.17pm in Closed Session.

Clr Balloot left the Chambers at 9.26pm.

Clr Balloot returned to the Chambers at 9.28pm.

ITEM NO: CTTE 06

FILE NO: 228073.2019

SUBJECT: Minutes of the Intermodal Committee Meeting held on 14 August 2019

RECOMMENDATION

That Council:

Receives and notes the minutes of the Intermodal Committee meeting held on 14 August 2019;

Endorse the recommendations in the minutes; and

Determine whether to continue with or disband the Intermodal Committee.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Kaliyanda

That Council:

Review the Committee’s Terms of Reference to reflect the current situation with the Intermodal and the name be changed to the Intermodal Precinct Committee;

At the completion of the review of the Committee’s Terms of Reference call for Expressions of Interest for community committee members; and

Delegate to the CEO, Mayor, Clr Hadchiti and Clr Harle to determine the community Committee members.

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

Ordinary Meeting 28 October 2019

Chief Executive Officer Report

CEO 01

Resubmission: Biannual Report January - June 2019

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	247440.2019
Report By	Claudia Novek - Senior Corporate Planner
Approved By	Andrew Stevenson - Chief Strategy and Engagement Officer

Executive Summary

The Biannual Progress Report provides an overview of Council’s progress on the principal activities that were scheduled for the January to June 2019 period in the adopted Delivery Program 2017-2021 and Operational Plan 2018-19. Council adopted this program at its meeting on 27 June 2018.

The report demonstrates operational achievements and provides updates, information and statistics that occurred during the period. This is the second and final Biannual Progress Report for 2018-19 and has been prepared in line with the Office of Local Government Integrated Planning and Reporting Guidelines.

Following the Council meeting on 28 August 2019, Councillors resolved to defer this report to allow the CEO to review and update the document as necessary.

RECOMMENDATION

That Council receive and note the updated Biannual Report.

REPORT

Following the resolution of Council on 28 August 2019, the Corporate Strategy team has reviewed the format of the document and made improvements to readability based on Councillor feedback.

Improvements include a longer description in the status criteria, the introduction of bullet points in the comment box for each principal activity and the inclusion of the status name with each coloured indicator in the status column. In addition, each direction now includes a summary page.

Prior to the next Biannual Performance Report being brought to Council, a briefing will be arranged to allow Councillors an opportunity to ask questions regarding the report.

CONSIDERATIONS

Economic	To deliver Council services within approved budget.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Undertake communication practices with the community and stakeholders across a range of media. Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	As per the Local Government Act (1993) Section 404 (5), Council must ensure regular progress reports are provided to the Council reporting as to its progress with respect to the principal activities detailed in its delivery program at least every six months.

ATTACHMENTS

1. Updated Biannual Report January-June 2019

111

Ordinary Meeting 28 October 2019

Chief Executive Officer Report

CEO 02

Western Parklands Councils' Governance Arrangements

Strategic Direction	Generating Opportunity Attract businesses for economic growth and employment opportunities
File Ref	254705.2019
Report By	Andrew Stevenson - Chief Strategy and Engagement Officer
Approved By	Andrew Stevenson - Chief Strategy and Engagement Officer

Executive Summary

This report outlines the long-term governance arrangements that have been developed for the Western Parkland Councils at the direction of the Mayoral Forum. The proposed Deed of Agreement has been endorsed in principle by the Mayoral Forum for consideration by each Council.

The report also identifies Council’s financial commitment to resource the Western Parkland Councils and future reporting arrangements.

RECOMMENDATION

That Council:

1. Receive and note the information contained in the report on long-term governance arrangements for the Western Parkland Councils;

2. Formally enter into an alliance with the Western Parkland Councils in accordance with the draft Deed of Agreement and Section 355 of the Local Government Act 1993;

3. Contribute $40,000 annually towards resourcing the Western Parkland Councils as outlined in the report; and

4. Nominate one Councillor to be appointed as an alternate representative on the Western Parkland Councils’ Mayoral Forum should the Mayor be unavailable.

REPORT

Both the Relationship Framework for the Councils of the Western Parkland City and the subsequent Memorandum of Understanding (MoU) signed in February 2019 confirm the intention of the Councils to continue to investigate the feasibility and potential mechanisms to establish a formal alliance or partnership for the eight Councils of the Western Parkland Region, similar to a joint organisation.

While the MoU expands on the operational arrangements for collaboration, it is a non-binding agreement which has been referred to as an interim arrangement and an appropriate step in the evolution of the local government partnership. The MoU refers to the Councils exploring more formal arrangements as to the management of the partnership and some of the reasons that have been suggested for change include:

· Formalising arrangements suitable for sustaining a long-term partnership;

· Supporting good governance in decision making and inter-council activities;

· Enhancing capacity to advocate effectively on regional issues; and

· Protecting the interests of Councils acting on behalf of the partnership, for example in procurement or engaging staff.

In June 2019 the Mayoral Forum confirmed its support for investigating long-term governance arrangements and the Executive Officer, Ms Sue Coleman, commenced investigations of the options with the support of the General Managers and City Deal Lead Officers from each Council.

Following discussion with various stakeholders and advice sought from relevant agencies including the Office of Local Government, a number of governance options were identified ranging from maintaining the current, non-binding MoU to establishing an independent legal entity such as a company limited by guarantee.

Assessment criteria were established to compare each of the potential governance structures and determine the option which is most suitable for the Councils of the Western Parkland region given their current objectives, operating environment and resources. The options vary, for example, in their flexibility, the ease with which they can be established and the relative complexity and cost of maintaining compliance.

This review confirmed that establishing a structure using s355 and s377 of the Local Government Act offers the greatest alignment with the Councils’ requirements at this time. This provides a sustainable governance framework and the flexibility to establish a deed that reflects the Councils’ objectives. It is also a cost effective option that does not require Ministerial approval nor the more significant investment in compliance activities to establish and maintain that are inherent in some other options.

Examples of other local government activities currently managed through s355 arrangements are CivicRisk Mutual and Western Sydney RID Squad.

Proposed Deed of Agreement

Organisation Name

The Mayoral Forum selected Western Parkland Councils as the preferred name for the new body as it identifies both the region and local government focus while being relatively brief.

Membership

The draft Deed of Agreement identifies the eight Councils who are signatories to the Western Sydney City Deal as Member Councils. It proposes that acceptance of any new Member Councils would require the unanimous support of the Mayoral Forum, and withdrawal of membership would require six months’ notice in writing.

The Relationship Framework recognises that, regardless of size or location, each Council partner has equality of rights and status. This principle is reflected in the new governance arrangements, for example, in membership of the Mayoral Forum, decision making powers and financial contributions.

Strategic Framework

The draft Deed of Agreement outlines a strategic framework including a vision statement, values, objectives and principle functions for the Western Parkland Councils.

A vision statement describes the desired or “big picture” outcome the Councils are seeking to achieve through this collaboration. The proposed vision statement included in the draft Deed of Agreement is:

Working together to deliver better outcomes for our communities and the Western Parkland region.

The values and objectives were previously developed and endorsed by all Councils as part of the Relationship Framework and current MoU and have been retained without change.

The principle functions are outlined in the draft Deed of Agreement as being:

• Review strategic regional priorities for the Western Parkland region and develop collaborative strategies for delivering these priorities;

• Provide regional leadership for the Western Parkland region and be an advocate for strategic regional issues; and

• Identify and take up opportunities for inter-governmental collaboration on matters relating to regional priorities including the Western Sydney City Deal.

The Mayoral Forum acknowledged the importance of evaluating both the performance of the Councils’ partnership and the outcomes for the region from initiatives such as the Western Sydney City Deal. The Strategic Framework will guide the development of a Delivery Program and Operational Plan which will be regularly monitored and reported to the Member Councils. In addition, the Councils will collaborate with the Western Sydney City Deal partners to track the success of the City Deal and monitor the further development of the performance metrics currently used by the Australian and NSW Governments.

Mayoral Forum

The draft Deed of Agreement confirms much of the current practices for the Mayoral Forum including that membership will be limited to one representative (the Mayor) for each Council. Each Council may also nominate one alternate representative, being a Councillor, who may attend meetings as an observer and act as the voting representative in the absence of the Mayor.

The role of the Mayoral Forum will be to:

• Endorse a Delivery Program outlining strategies, principles activities, projects etc. for the term of local government;

• Monitor implementation of the Delivery Program and performance of the Agreement;

• Adopt an Operational Plan, including budgets estimates, annually; and

• Make broad policy decisions within the strategic framework.

In addition to the Mayoral Forum, the draft Deed of Agreement establishes the role of the General Managers to direct the proper administration and governance of the partnership including the activities of the Executive Officer and City Deal Lead Officers.

Decision Making

The current practice of both the Mayoral Forum and the General Managers meetings is to make decisions by consensus of those present at the meeting. This is consistent with the values expressed in the Relationship Framework and is reflected in the draft Deed of Agreement.

While the consensus approach will be encouraged, it is also proposed to allow for voting by simple majority in order to avoid a potential impasse on critical matters.

Where a decision is made by majority vote rather than consensus, provision is made for dissenting views to be recorded and acknowledged in any subsequent actions including advocacy.

The draft Deed of Agreement also proposes that some matters such as changes to the Agreement or inclusion of new Member Councils will require the unanimous support of all members of the Mayoral Forum.

Term of Agreement

If supported by all eight Councils, it is envisaged that the new governance arrangements will commence from January 2020 and that the initial term of the agreement will be three years.

A Council wishing to withdraw from the Agreement would be required to provide six months’ notice in writing to the other Councils.

Financial Contributions of Member Councils

The General Managers have received verbal confirmation of ongoing funding from the Commonwealth and State Governments to support the alliance of the eight Councils, with both governments committing $100,000 for each of the next three years, in addition to the $200,000 already provided for 2019.

It is proposed that each Council also makes a financial contribution of $40,000 each year, to be indexed annually by the allowable rate increase. This will support the employment of both an Executive Officer and Administration Officer to support the activities of the Western Parkland Councils and provide resources for priority project and activities established through the Delivery Program and Operational Plan.

While the first Delivery Program and Operational Plan will not be finalised until the alliance of Councils is formalised early in 2020, it is envisaged that priority projects and activities could include advocacy on regional issues such as integrated transport planning, developing a regional economic blueprint that also articulates the economic assets and opportunities that distinguish each local area, and/or pilot projects to trial initiatives identified in the draft Digital Action Plan or Western Sydney Health Alliance.

A budget forecast will be included in the Operational Plan prepared for the partnership to align with the term of local government and the Integrated Planning and Reporting requirements of Councils. An annual review process and regular financial reporting are also incorporated in the draft Deed of Agreement.

Next Steps

Each Council is being asked to consider a report on the proposed long-term governance arrangements and, if supported, endorse the Deed of Agreement for signature later this year.

A Delivery Program and Operational Plan will be developed for 2020 and Councils will receive reports on specific projects or initiatives. For example, work is progressing on two City Deal commitments being led by local government – the Digital Action Plan and the Western Sydney Health Alliance. It is expected that both matters will be reported for Council’s consideration later this year.

CONSIDERATIONS

Economic	Utilise the Western Sydney City Deal Agreement to create Jobs for the Future. Utilise the Western Sydney City Deal agreement to provide opportunities for residents in the LGA to enhance skills and education.
Environment	Utilise the Western Sydney City Deal agreement to enhance liveability and environment of the LGA. Utilise the Western Sydney City Deal agreement to facilitate Planning and Housing in the LGA.
Social	Utilise the Western Sydney City Deal agreement to provide connectivity across the LGA through infrastructure and social initiatives.
Civic Leadership	Implementation and Governance of the Western Sydney City Deal agreement.
Legislative	Sections 355 and 377 of the Local Government Act 1993.

ATTACHMENTS

1. Western Parklands Council Deed of Agreement

133

Ordinary Meeting 28 October 2019

Chief Executive Officer Report

CEO 03

Coaching and Development of Staff regarding Resolution NOM 01 28 August 2019 - report back to Council

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	255117.2019
Report By	David Maguire - Internal Ombudsman
Approved By	Kiersten Fishburn - Chief Executive Officer

Executive Summary

At its meeting on 28 August 2019, Council resolved:

That Council:

1. Direct the CEO in consultation with relevant stakeholders to expand the current policy that allows for calls to be recorded in the customer service centre to include the whole organisation;

2. Direct the CEO to report back to Council on the cost to implement such policy; and

3. Direct the CEO to report back to Council in the October 2019 meeting on the above.

Because the Council Resolution involved possible privacy and confidentiality issues for Council staff, the CEO delegated the preparation of this report to the Internal Ombudsman, who is also Council’s Privacy Contact Officer.

RECOMMENDATION

That Council receive and note this report.

That Council direct the CEO to expand the Council policy allowing for incoming calls to the Customer Call Centre to be recorded to include the whole organisation, subject to the exclusion of those Council staff noted in this report for reasons of protecting confidentiality, legal privilege and disclosures made to them in accordance with the Public Interest Disclosures Act 1994.

REPORT

1. Council’s current policy regarding recording of phone calls

This Council Resolution refers to an operational policy of Council: the Employee Security and Workplace Surveillance Policy. The relevant clauses of this policy, referred to in the Council Resolution, are as follows:

4.8 Recording of customer telephone calls – Customer Call Centre

4.8.1 Council has decided to provide for the recording of customer telephone calls in

its Customer Call Centre for the following purposes:

a) To assist in maintaining the health and well-being of Council employees in

the Customer Call Centre, especially through monitoring callers who are

rude, abusive or unduly demanding of Council staff and services;

b) To mentor and coach Council employees in the Customer Call Centre;

c) To improve Council’s customer service processes.

4.8.2 Access to recorded customer telephone calls will only be given to persons other

than Council employees in accordance with clauses 4.2.2 and 4.2.3 of this policy

and for storage purposes in accordance with the terms and conditions of Council’s contract with its telephony provider for Council’s Customer Call Centre.

It is important to note that, in relation to the introduction of the recording of incoming phone calls within the Customer Call Centre, which began on 1 May 2017 (in conjunction with the rollout of a new telephony system), the following steps were taken by Council:

· Customer Service Centre staff and United Services Union representatives were consulted prior to its introduction;

· Call Centre staff were provided with opportunities to ask questions about call recording and they received appropriate training and support from their manager and the Internal Ombudsman. (However, outgoing calls from Call Centre staff were and are not recorded.);

· Appropriate amendments were made to the Employee Security and Workplace Surveillance Policy by the CEO, after consulting the Joint Consultative Committee to permit recording of incoming phone calls in the Customer Call Centre;

· The then acting Manager Customer Service provided a memo to Customer Service Staff , explaining the reasons for and benefits of recording incoming phone calls; and

· This message was provided to callers prior to any interaction with Call Centre staff:

Your call will be recorded for quality and coaching purposes. If you do not wish for your call to be recorded please let our officer know.

Section 11 of the Surveillance Devices Act 2007 prohibits the communication or publication of private conversations or recordings of activities unless certain exceptions apply, the principal one being “if the communication or publication is made…………… with the consent, express or implied, of all the principal parties to the private conversation or activity”.

In the memo to Call Centre staff, the issue of consent for the recording of incoming phone calls was explained as follows:

Sections 7, 11 and 12 of the Surveillance Devices Act 2007 prohibit the use of listening devices, the recording of phone conversation or the possession of recordings of phone conversations, unless all parties to a phone conversation consent to these practices. Such consent may be express or implied. Given the nature of your current employment with Council, your consent as an employee to recording of phone calls in the Customer Service Centre is implied, unless you object in writing.

2. Is the proposed recording of phone calls lawful?

To resolve any doubts about the legality or otherwise of the rollout of call recording across Council, Council’s Legal Team recently obtained legal advice from Sparke Helmore Lawyers. The relevant part of that advice, for the purpose of this report, is:

Is the proposed call recording regime legal?

1. As a general principle, it is lawful to implement the call recording regime proposed. Any such regime will be subject to the requirements of the various statutory regimes which Council has identified in the draft policy.

2. On the policy as it is currently drafted, it is not clear that sufficient arrangements have been contemplated to address Council’s statutory obligations in implementing the regime.

3. In particular, consideration ought to be given to verifying that the information collected:

a. meets the Council’s intention, namely it is for the purposes of continuous improvement, providing quality and effective services to the community and providing a supportive working environment for staff

b. is lawfully stored, used and when needed disclosed, and

c. is collected with appropriate prior notice to all participants to all recorded calls.

3. Privacy requirements and problems with recording outgoing phone calls

The legal advice also mentioned the requirements of section 10 of the Privacy and Personal Information Protection Act 1998 (the PPIP Act), which states:

Requirements when collecting personal information

If a public sector agency collects personal information from an individual, the agency must take such steps as are reasonable in the circumstances to ensure that, before the information is collected or as soon as practicable after collection, the individual to whom the information relates is made aware of the following:

(a) the fact that the information is being collected,

(b) the purposes for which the information is being collected,

(c) the intended recipients of the information,

(d) whether the supply of the information by the individual is required by law or is voluntary, and any consequences for the individual if the information (or any part of it) is not provided,

(e) the existence of any right of access to, and correction of, the information,

(f) the name and address of the agency that is collecting the information and the agency that is to hold the information.

It is clear that the recording of outgoing calls from Council staff to any person would require that the person receiving the particular call should be provided with the above information either by the staff member or by a recorded message prior to their response to the call from the Council staff member. It appears that the recording of outgoing phone calls is not practical or desirable, either for Council staff or for persons receiving phone calls from them.

4. Unintended consequences of recording all incoming phone calls to Council

If Council resolves to endorse recording of all incoming phone calls to Council staff, there may be the following unintended consequences:

1. Recorded phone calls would become Council records under the definition of a “record”, as set out in section 3 of the State Records Act 1998. This means that such phone records could be the subject of formal or informal requests for information by third parties under the provisions of the Government Information (Public Access) Act 2009, or may be the subject of a subpoena in legal proceedings. This could result in additional staffing requirements and an increase in the budget for the Governance team.

2. It must be kept in mind that the principal function of Call Centre staff is to respond to phone calls from members of the public, a task that they undertake well in answering more than 100,000 phone calls annually. Responding to phone calls is not the principal function (although an important one) for any other business unit of Council.

3. Consultation with Council staff has been limited because of the time constraints imposed by the Council Resolution. However, amendments to the Employee Security and Workplace Surveillance Policy to permit call recording across Council were rejected by the Joint Consultative Committee (the JCC) at its meeting on 3 October 2019. JCC members were concerned that:

A. The Council Resolution did not permit JCC members enough time to properly consult all members of Council staff to whom they report;

B. Insufficient time was given to permit a response from the unions representing Council staff; and

C. The Council Resolution did not address issues such as protecting confidentiality in regard to public interest disclosures, legal privilege and GIPA access to recorded calls.

4. Consultation with the three unions representing Council staff has not been completed as at the time of the drafting of this report. However, any responses received from these unions, prior to the Council meeting, will be tabled at this Council meeting.

5. The rollout of recorded calls within Council may have unintended and adverse consequences for certain persons and business units of Council and callers speaking with them. It is therefore recommended that the following members of Council staff and business units should be exempted from the recording of their phone calls for the following reasons:

A. Internal Ombudsman (the IO)

The IO handles whistleblowing complaints made by members of Council staff, Code of Conduct and privacy complaints, and sensitive, confidential inquiries and responses from agencies such as the NSW Ombudsman, ICAC and the Information and Privacy Commission (the IPC). Recording of phone calls may deter whistleblowers and other persons seeking confidential advice on possible Code of Conduct allegations, or requesting information about the progress of their complaints from contacting the IO. Recording of phone calls in regard to public interest disclosures and Code of Conduct complaints could breach the confidentiality provisions of section 22 of the Public Interest Disclosures Act 1994 (the PID Act) and Part 12 of the Code of Conduct Procedures concerning confidentiality of Code of Conduct complaints. (The confidentiality requirement of section 22 of the PID also applies to Council’s 15 staff disclosures officers.)

B. The CEO

Comments made above about the IO, relating to the PID Act, the Code of Conduct Procedures and ICAC, also apply to phone calls received by the CEO and, because of the nature of their work, to the Personal Assistants to the CEO and the Mayor. There are issues of confidentiality relating to phone calls between the CEO and the Mayor and Councillors. The CEO receives phone calls from State and Federal Ministers and members of the Federal and State Parliaments (often concerning sensitive matters). Phone calls to the CEO could also involve Code of Conduct complaints, privileged legal matters, workplace issues and recruitment checks, as well phone calls concerning other sensitive matters received from the Office of Local Government (the OLG), the NSW Ombudsman, the ICAC, the IPC, NSW Audit and other government agencies.

C. People and Organisational Development (POD)

POD staff deal at times with highly sensitive personal information concerning current Council staff, applicants for Council employment and past members of Council staff. POD may also be subject at times to highly sensitive phone calls in regard to particular Council staff, made by the Australian Tax Office, NSW Police and the Child Support Agency. POD staff have to deal with staff matters, which may involve Local Government NSW, unions representing employees and external legal advice. POD staff may also seek to obtain confidential references from referees for job applicants, some of whom may object to adverse comments being recorded. The recording of phone calls in the POD team may also result in a high risk of unintended breaches of the disclosure provisions of the PPIP Act.

D. Governance, Legal Services and Procurement

One of the functions of the Governance team is to manage investigations by external investigators in accordance with Council’s Ethical Governance: Investigations Policy. This work may involve phone calls between investigators and Governance staff concerning current investigations. The recording of phone calls may result in a high risk of breaches of the disclosure provisions of the PPIP Act.

Members of the Procurement Team may need to check by phone the bona fides of suppliers and contractors with other councils and government agencies, where they have been previously engaged. There is risk that such phone calls could become the subject of a GIPA request or even a subpoena, issued by a supplier or contractor, unhappy that their particular tender or quotation has not been approved by Council.

The General Counsel and members of his Legal Team often need to engage with external lawyers and consultants about planning appeals, compliance issues and general legal advice. With respect to the legal work performed by them, it is important that the files of in-house lawyers are kept separate from other Council files and are inaccessible to the business, both physically and electronically. The recording of phone calls made or received by Council’s Legal Team, especially if disclosed accidentally to other persons or organisations, could not only result in the loss of legal professional privilege but also expose Council to the risk of substantial financial losses in relation to the conduct of its legal proceedings.

E. The Head of Audit, Risk and Improvement and his team

The Head of Audit, Risk and Improvement and his team exercise their functions in accordance with Council’s Internal Audit Charter and the mandatory guidelines issued by the OLG. Clause 6.2 of that Charter states that Internal Audit has independent status within Council, and is responsible directly to the Audit, Risk and Improvement Committee (the ARIC) and administratively to the CEO. The recording of phone calls received by staff members of Internal Audit could compromise the work and integrity of Internal Audit, especially when phone calls relate to audit functions or interactions with the chairperson and members of the ARIC and NSW Audit.

5. Budgetary considerations

Council’s IT Manager sought an estimate of the cost of introducing call recording across Council from Council’s current telephony provider. The telephony provider has stated that, if Council added a further 50 seats for recording purposes, this would allow Council to have an ability to record 50 phone calls at any one time, in addition to calls currently being recorded in the Call Centre, at an initial cost of approximately $30,000 with an ongoing cost of $3,000 per year.

6. Recommendation

It is recommended that Council consider the outcomes of the consultation with Council staff and provide direction as to whether to proceed with such a policy change. Alternate recommendations for Council to consider have been included in this report.

CONSIDERATIONS

Economic	The implementation of a resolution by Council to expand recording of calls to Council staff would involve budgetary and additional staffing considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Government Information (Public Access Act) 2009 sections 5, 9, 12, 13, 14, 15 and 41 Independent Commission Against Corruption Act section 11 Local Government Act 1993 section 440AA Privacy and Personal Information Protection Act sections 8-19 Public Interest Disclosures Act 1994 sections 8 and 22 State Records Act 1998 section 3 Surveillance Devices Act 2007 sections 7, 11 and 12

ATTACHMENTS

Nil

135

Ordinary Meeting 28 October 2019

Chief Executive Officer Report

CEO 04

National Growth Areas Alliance (NGAA) - Elections for Strategic Advisory Committee

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	263123.2019
Report By	George Georgakis - Manager Council and Executive Services
Approved By	Andrew Stevenson - Chief Strategy and Engagement Officer

Executive Summary

Correspondence has been received from the National Growth Areas Alliance (NGAA) calling for nominations to its Strategic Advisory Committee.

RECOMMENDATION

That Council call for a nomination for the National Growth Areas Alliance (NGAA) Strategic Advisory Committee.

REPORT

Liverpool City Council is a member of the NGAA.

Attached to this report is:

- Correspondence from the NGAA;

- NGAA Governance Manual containing the revised governance structure;

- Notice of election to establish the Strategic Advisory Committee of NGAA (new Committee of Mayors and Councillors); and

- Information pack for Strategic Committee candidates.

In line with the implementation of the revised NGAA Governance Structure, a new Strategic Advisory Committee will be established to replace the current roles of Chair and Deputy Chair of NGAA.

NGAA is calling for nominations for the Strategic Advisory Committee. Nominations close on 28 October 2019. Nominations should include a candidate statement describing experience and knowledge of NGAA and growth area issues (250 words).

NGAA has advised that there are 20 member Councils and there are six positions to be filled. There are members in four states and the candidate with the highest votes from NSW, Western Australia, South Australia and Victoria will be elected and the remaining two positons will be filled by the highest vote getters from any state. Therefore, one NSW member is guaranteed and potentially others from the remaining two positions.

In NSW, the following Councils are members;

- Blacktown;

- Camden;

- Liverpool;

- Penrith; and

- Wollondilly Councils.

NGAA has been advised that the matter is being considered by Council at its meeting on 28 October and understands that the resolution from the meeting (and details of any nomination) will be conveyed to them on 29 October and is agreeable to this.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

1. Correspondence from the NGAA

2. NGAA Governance Manual

3. Notice of Election

4. Information pack for Strategic Committee candidates

169

Ordinary Meeting 28 October 2019

City Economy and Growth Report

EGROW 01

Proposed amendments to Part 1 and 4 of Liverpool Development Control Plan 2008 (Amendment 25) following gazettal of Liverpool Local Environmental Plan 2008 (Amendment 52)

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	090480.2019
Report by	Graham Matthews - Senior Strategic Planner
Approved By	David Smith - Acting Director, City Economy and Growth / Deputy CEO

Executive Summary

This report seeks Council’s endorsement to re-exhibit Amendment 25 to the Liverpool Development Control Plan 2008 (DCP) (Attachments 1-3).

Amendment 25 amends Part 1 and 4 of the DCP following the gazettal of Liverpool Local Environmental Plan (LLEP) 2008 (Amendment 52) by the Department of Planning, Industry and Environment in September 2018.

Council resolved at its March 2017 meeting to delegate to the CEO the finalisation of the redraft of Part 1 and 4 of the DCP following gazettal of Amendment 52. A number of changes were made to the final wording of Amendment 52 during the finalisation process by the Department necessitating housekeeping amendments to Part 1 and Part 4 of the DCP.

It is recommended that Council endorse the amendments to the DCP and re-exhibit the DCP for 28 days in accordance with the Liverpool Community Participation Plan 2019. A further report to Council will be prepared responding to any submissions received. If no submissions are received, it is recommended that Council delegates to the CEO the finalisation of Amendment 25.

RECOMMENDATION

That Council:

1. Re-exhibits Amendment 25 to the Liverpool Development Control Plan 2008 (Part 1 and 4) for a period of 28 days; and

2. Receives a further report on the outcomes of the public exhibition and community consultation if submissions are received. If no submissions are received, Council delegates to the CEO the finalisation of Amendment 25.

REPORT

Background to Liverpool Local Environmental Plan Amendment 52

At its ordinary meeting of 27 July 2016, Council resolved that it:

Delegates to the A/CEO the authority to finalise the planning proposal [for LLEP 2008 (Amendment 52), Liverpool City Centre LEP review] on receipt of the Liverpool City Centre Traffic and Transport Study and to submit the proposal to the Department of Planning and Environment for finalisation pursuant to s59 of the Environmental Planning and Assessment Act 1979.

On 5 October 2016, Council wrote to the Department requesting that they finalise Amendment 52.

On 19 October 2017, Council received final comment from Transport for NSW (TfNSW), following the finalisation of the Liverpool city centre traffic study report (completed by GTA consultants in July 2017). TfNSW recommended that all new dwellings developed pursuant to Amendment 52, make a contribution (known as “satisfactory arrangements”) towards regional transport infrastructure.

On 5 September 2018, Amendment 52 was gazetted on the Legislation NSW website. The required contribution is addressed in Clause 6.4A of LLEP 2008.

Background to Liverpool Development Control Plan Amendment 25

At its Ordinary meeting of 29 March 2017, Council considered a report which outlined the results of the public exhibition of DCP Amendment 25. The amendment sought to amend Parts 1 and 4 of the DCP in order to make them consistent with the changes proposed by Amendment 52 to the LEP, and to simplify the DCP by removing all matters with general application from Part 4 and including them in Part 1.

At this meeting, Council resolved:

Authorises the Chief Executive Officer to finalise Amendment No. 25 including any further minor technical changes which may be required including those recommended by the Liverpool Design Excellence Panel.

Adopts Draft Liverpool Development Control Plan - Part 4 Liverpool City Centre as a policy of Council to be used in the assessment of development applications lodged pursuant to Planning Proposal – Amendment 52.

Authorises the Chief Executive Officer - upon notification that Planning Proposal Amendment No. 52 has been approved by the Minister for Planning – to bring into effect Draft Liverpool Development Control Plan, Part 1 – General Controls for all Development and Part 4 Liverpool City Centre (Amendment No. 25) in accordance with the Environmental Planning and Assessment Act 1979 and Regulation.

Reconsideration of DCP Amendment 25

Despite Council’s decision at its 29 March 2017 meeting to authorise the CEO to bring into effect DCP Amendment 25, including amendments to Part 1 and Part 4 of the DCP, changes to the gazetted version of LEP Amendment 52 made by the Department of Planning necessitated further amendments to Part 4 of the DCP.

In addition, a further modification to Part 1 of the DCP was required to update Section 28.4 Child care, as a result of the Department of Planning, Industry and Environment introducing the Educational Establishments and Childcare Facilities SEPP 2017 (which limits the scope of development controls Council may apply to childcare facilities).

As a result, it was necessary to reconsider DCP Amendment 25, prior to it being brought into effect.

As noted in the report to the Council meeting of 29 March 2017, DCP Amendment 25 was publicly exhibited for eight weeks in November and December 2016. A total of 22 submissions (and one late submission) were received. The response to submissions was reported in the body of that report and endorsed by Council.

The proposed changes to Parts 1 and 4 of the DCP contained in this report, compared to the draft adopted by Council in March 2017, warrant further public exhibition for a period of 28 days in line with the requirements of the Environmental Planning and Assessment Regulations 2000.

Following exhibition, a further report responding to submissions received will be prepared for Council’s consideration. Should no submissions be received, it is recommended that Council delegates to the CEO authority to finalise Amendment 25.

Amendments to Part 4 of the DCP

As noted in the memo to Councillors dated 3 September 2018 (Attachment 4), in finalising Amendment 52, the Department of Planning made changes to the draft Amendment endorsed by Council on 27 July 2016, necessitating additional changes to Part 4 of the DCP.

The changes to Amendment 52 can be summarised as:

· Introduces clause 6.4A to LLEP 2008, which requires an additional contribution for new dwellings in the city centre, as a payment towards the costs of improving regional transport infrastructure;

· Introduces clause 7.5A to LLEP 2008, which permits development on larger (minimum 1500 m²) sites, with two or more street frontages, to exceed the mapped floor space ratio (FSR) and Height of Building development standards (up to a maximum FSR of 10:1) under certain circumstances;

· Requires that a minimum of 20% of the floor space of buildings, which receive a development bonus from clause 7.5A, be used for certain educational, public, commercial or business uses;

· Requires that, prior to the development of buildings which seek to receive a development bonus from clause 7.5A that the developer lodges a concept development application/site specific DCP, which demonstrates how the proposed building(s) will meet design excellence criteria; and

· Requires that buildings which seek to receive a development bonus from clause 7.5A, also include recreation areas, a gym, community facilities, information and education facilities, through-site links or public car parking.

One key change is to Section 4.2.5 Controls for sites that require the submission of a DCP. This replaces Sections 4.2.5 Additional Controls for “Master planned” Sites and Section 4.2.6 Additional Controls for Opportunity Sites in the draft of DCP Part 4 endorsed by Council in March 2017.

The new section 4.2.5 follows the Department of Planning, Industry and Environment (DPIE)’s redraft of Clause 7.5A of the LEP and seeks to provide guidance as to how a concept DA should be prepared to comply with the LEP requirements.

Additional changes include:

· An explanation of clause 6.4A of the LEP, Arrangements for designated State public infrastructure in intensive urban development areas (“Satisfactory Arrangements”);

· the incorporation of 77-83 Moore Street and 193 Macquarie Street (rezoned by Council as LEP (Amendment 56)) as “Area 11”, making it subject to the “satisfactory arrangements” provision;

· an update of Section 4.2.12 Public Open Space and Communal Open Space;

· an update of Section 4.3.8 Building Design and Public Domain Interface;

· an update of Section 4.4.3 On-Site Parking;

· an update of Section 4.3.10 Public Artworks; and

· rationalisation and reorganisation of some sections to improve readability.

The redraft of DCP Part 4 has been reviewed by Council’s Development Assessment team, the City Design and Public Domain team, the Traffic and Transport team and Council’s Public Arts Officer. In addition, changes to DCP Part 1 were reviewed by Council’s Floodplain and Water Management and Waste and Cleansing teams prior to finalisation.

Part 4 of LDCP 2008 was referred to the Liverpool Design Excellence Panel (DEP) for comment, pursuant to the requirements of Clause 21A of the Environmental Planning and Assessment Regulation 2000. Key points raised by the DEP were as follows:

· Support for the objectives for the city centre retaining a human fine grain scale;

· The proposed built form objectives (height 6-8 stories) were considered appropriate in achieving better outcomes;

· Supported the proposed public domain objectives;

· Noted the importance of "opportunity sites" (development sites which receive a bonus from clause 7.5A) delivering a public benefit;

· That Council consider imposing a maximum on permitted parking and require the inclusion of spaces for car share vehicles;

· Noted that the deep soil requirements in the Apartment Design Guide (ADG) are a minimum and more should be provided wherever possible for residential development; and

· Recommended the inclusion of a section on sustainability/energy performance and consideration of climate change.

Amendments to Part 1 of the DCP

All amendments to Part 1 are as adopted by Council at its March 2017 meeting. These amendments were primarily intended to rationalise the number of sections included in Part 4, removing a number of sections from Part 4 that have general applicability, and adding them to Part 1. The exception is the rationalisation of controls applying to child care, which has occurred to make the DCP consistent with the requirements of the Educational Establishments and Childcare Facilities SEPP 2017 as noted above.

Controls removed from Part 4	Part 1 Modified/New Section	Amendment
5.8 Sewage Treatment Plant Part of 5.2 Water Conservation	6. Water Cycle Management	Add - 6.5 Stormwater Quality Management Add - 6.6 Sewage Treatment Plant Add - Non-residential controls to 6.8 Water Conservation
3.4 Safety and Security 4.1 Pedestrian Access & Mobility 5.9 Businesses where Trolleys are Required	29. Safety and Security	New section. Chapter 28 addresses shopping trolleys and as updated following an earlier Council resolution.
N/A	17. Heritage and Archaeological Sites	Minor change - additional wording to Control 6.
4.2 Vehicular Driveways & Maneuvering Areas 4.3 Onsite Parking	20. Car Parking and Access	Remove - Main objectives (i) and (j) Add - 21.2 Vehicular Access Arrangement & Maneuvering Areas Add - 21.6 On-site Car Parking
N/A	6.8. Water Conservation	Moving of section
1 x non-residential control (7)	22. Energy Conservation	Minor change - residential controls – “Dwelling” to “New dwellings” Add – 2 x non-residential controls
5.3 Reflectivity	23. Reflectivity	New section
5.6 Waste	25. Waste Disposal and Reuse	Add – Non-residential development controls Add – Residential development controls
7.2 Controls for restricted premises 7.5 Non Business Uses 7.6 Restaurants/Outdoor Cafes 7.7 Child Care Centres	30. Additional Uses	New section

The redraft of Parts 1 and 4 of the DCP are included in Attachment 1 and 2.

To clearly illustrate the proposed changes made to the version of Part 4 of LDCP 2008 as adopted by Council in March 2017, that version is attached (Attachment 3), with "track changes" showing the changes that have been made in the current draft.

Conclusion

It is recommended that Council re-exhibits DCP (Amendment 25) for a period of 28 days.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Enhance the environmental performance of buildings and homes.
Environment	Minimise household and commercial waste. Enhance the environmental performance of buildings and homes.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000

ATTACHMENTS

1. Draft Part 1 LDCP 2008 (Under separate cover)

2. Draft Part 4 LDCP 2008 (Under separate cover)

3. Part 4 LDCP 2008 adopted June 2017 with amendments from 2019 added as track changes (Under separate cover)

4. Memo to Mayor and councillors re-gazettal of LLEP 2008 (Amendment 52) (Under separate cover)

171

Ordinary Meeting 28 October 2019

City Economy and Growth Report

EGROW 02

Street Naming Request - Edmondson Park

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	241148.2019
Report By	Matthew Roberts - Graduate Strategic Planner
Approved By	David Smith - Acting Director, City Economy and Growth / Deputy CEO

Executive Summary

This report seeks a Council resolution on a current street naming request in Edmondson Park.

The proposed name, Sandakan Street is located between Aachen Road and Croatia Avenue and is a part of a subdivision (DA-1021/2017) at 110 Croatia Avenue.

The proposed name has been assessed using Council’s Naming Convention Policy and in consultation with the Geographical Names Board (GNB) of NSW.

RECOMMENDATION

That Council:

1. Supports the naming of Sandakan Street;

2. Forwards the name to the Geographical Names Board (GNB), seeking formal approval;

3. Publicly exhibit the name in accordance with Council’s Naming Convention Policy, for a period of 28 days, following formal approval from the GNB; and

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

REPORT

Council has received a Street Naming Request on 9 September 2019 for a proposed road in Edmondson Park.

The street name has been assessed using Council’s Naming Convention Policy and checked for duplication using the GNB’s Online Road Naming System.

The origin of the proposed name is as follows:

· Sandakan Street – World War II theme.

The origin of the proposed name meets the World War II theme of the surrounding area. The name Sandakan refers to a city in north-eastern Borneo, Malaysia, which was occupied by the Japanese during World War II and the location of a prisoner of war camp. The city is also known for a forced march where thousands of soldiers and labourers, including many Australians, lost their lives.

Figure 1 below provides the extent of the proposed street name (in yellow):

Figure 1: Extent of Proposed Sandakan Street

Next Steps

If supported by Council, the above name will be forwarded to the GNB for formal approval and if approved, then placed on public exhibition for 28 days in the local newspaper and notified to relevant stakeholders, seeking endorsement. Relevant stakeholders include: Australia Post, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, Roads and Maritime Services and NSW Police Force.

Council officers will consider all submissions during the public notification period. The three potential scenarios following exhibition are as follows:

· If there are objections from the relevant agencies, Council will not proceed with the naming request. The applicant will be notified of the outcome. A report to Council will be prepared for the next available meeting outlining the reason for rejection.

· If there are no objections, the naming request will proceed to the NSW Parliamentary Counsel’s Office (PCO) for gazettal under the delegation of the Chief Executive Officer (or delegate).

· Any submissions from the community during the public notification period will be considered. If there is strong community opposition, or reason to reconsider the proposed names, a report will be prepared for the next available Council meeting recommending withdrawal of the naming proposal. If Council decides to support the proposal, the naming request will proceed to the PCO for gazettal under the delegation of the Chief Executive Officer (or delegate). If Council decides not to adopt the naming proposal, the applicant will be notified in writing outlining the reason for rejection.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility.
Legislative	Roads Act 1993.

ATTACHMENTS

Nil

179

Ordinary Meeting 28 October 2019

City Economy and Growth Report

EGROW 03

Planning Proposal - Holsworthy Town Centre

Strategic Direction	Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments
File Ref	251505.2019
Report By	David Smith - Acting Director, City Economy and Growth / Deputy CEO
Approved By	David Smith - Acting Director, City Economy and Growth / Deputy CEO

Property	2 Macarthur Drive, Holsworthy (Lot 5 DP 825745)
Owner	Holsworthy Developments Pty Ltd
Applicant	Architectus Pty Ltd

Executive Summary

Council has received a planning proposal for a site at 2 Macarthur Drive, Holsworthy (Lot 5 DP 825745). The planning proposal seeks to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 and certain development standards to enable a mixed use development on the site.

It is proposed to amend the maximum height of buildings development standard from 21m to 45m and the floor space ratio (FSR) development standard from 1.5:1 to 2.15:1. It is also proposed to amend Schedule 1 of the Liverpool Local Environmental Plan (LLEP) 2008 limiting non-residential uses to a Gross Floor Area (GFA) of 9,000sqm on the site (Attachment 1). The amendments to the LLEP 2008 are to be supplemented by a corresponding amendment to Part 2.6 (Holsworthy Station Area) of the Liverpool Development Control Plan (DCP) 2008.

The planning assessment report is included in Attachment 2. The report outlines that the proposal has strategic and site specific merit and recommends that the planning proposal be submitted to the Department of Planning, Industry & Environment for a Gateway determination.

Advice was sought from the Liverpool Local Planning Panel (LPP) at its meeting on 26 August 2019 in accordance with the Local Planning Panel Direction – Planning Proposals dated 23 February 2018. Following an inspection of the site and consideration of the assessment report, the panel provided their advice (Attachment 3) that the proposal has strategic and sit specific merit.

Given the site specific nature of the proposal, it is recommended that Council note the advice of the LPP, support in principle the planning proposal, and submit the proposal to the Department of Planning, Industry and Environment seeking a Gateway determination and public exhibition.

RECOMMENDATION

That Council:

1. Notes the advice of the Liverpool Local Planning Panel;

2. Endorses in principle the planning proposal, subject to a detailed site contamination investigation being prepared;

3. Delegates to the CEO to make any typographical or other editing amendments to the planning proposal if required;

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

5. Endorses in principle the proposed public benefit contributions of the planning agreement, to be negotiated further, including:

· Upgrade of the existing roundabout (Macarthur Drive / The Boulevarde / Morningside Parade) to a signalised crossing to facilitate vehicular entry to the site, a safer pedestrian environment and improved traffic conditions;

· Removal of redundant roadway connecting the existing roundabout and existing rail bridge, including associated earthworks;

· Embellishment of the Macarthur Drive road reserve including provision of a shared path and landscaping;

· Landscaping of the road reserve along Heathcote Road adjacent to the site (with RMS concurrence);

· Provision of publicly accessible open space on the site with a minimum area of 1,000m².

6. Forwards the planning proposal to the Department of Planning, Industry and Environment, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination with a recommendation that a site specific DCP be included as a Gateway condition to be satisfied prior to public exhibition; and

7. Receive a further report on the outcomes of public exhibition and community consultation.

Report

The site and locality

This planning proposal is site specific and relates to land at 2 Macarthur Drive, Holsworthy (Lot 5 DP 825745). The subject site is a vacant, triangular shaped parcel of land with an area of approximately 1.86ha. The site has approximate frontages of 232m to the T8 - Airport & South Railway line to the south, 185m to Macarthur Drive to the northwest and 200m to Heathcote Road to the northeast.

Figure 1: Site location and surroundings

The site is located directly to the east of Holsworthy train station and the ‘Mornington Estate’, and is approximately 400m to the south of Hammondville Park. The Holsworthy Army barracks are located 65m to the south of the site, being separated by the T8 Rail line.

Planning Assessment

The planning assessment report is contained in Attachment 2. It provides a detailed assessment of the merits of the proposal against the District and Region Plans and the Department of Planning’s ‘Guide to Preparing Planning Proposals’. The report’s conclusion is that the planning proposal has strategic and site specific merit and should proceed to a Gateway determination.

Local Planning Panel Advice

The planning proposal was considered by the Panel at its 26 August 2019 meeting and their advice is included at Attachment 3.

The advice of the LPP is:

The Panel has inspected the site and surrounding locality and read the Council officer’s report and supporting documents. Subject to the further comments below the Panel considers the planning proposal has strategic and site specific merit. The Panel supports the recommendation that the planning proposal proceeds to gateway determination.

The Panel recommends Council consider the following matters:

1) Placing a minimum non-residential gross floor area to be developed on the site as a means of ensuring that the site is not wholly developed for residential purposes. This could be achieved by the schedule amendment to the LEP or a DCP control.

2) Requiring the proponent to liaise with Council’s Design Excellence Panel in the preparation of the site-specific urban design masterplan in the proposed DCP.

3) Requiring the proponent to include the following additional commitments in the proposed VPA:

· Pedestrian and cycle way linkages to provide connectivity between the site and the passive and active open space to the North of the site

· Enhancement of the public domain along the pedestrian link between the site and Holsworthy Train Station.

Council officers met with the proponent, following the LPP meeting, on Monday 30September 2019. At the meeting, the proponent was given the opportunity to respond to, and provide potential solutions to the LPP’s recommendations.

In addressing recommendation 1, the proponent advised that Clause 7.16 (Ground floor development in Zones B1, B2 and B4) is sufficient to provide for minimum non-residential floor area. Clause 7.16 prohibits the development of residential premises on the ground floor of the site. As such, the proponent must provide non-residential floor space on the ground-floor in order to provide residential development on any higher levels.

In addressing recommendation 2, the proponent agreed to prepare a site specific DCP prior to public exhibition of the planning proposal and for it to be reviewed by the Design Excellence Panel.

In addressing recommendation 3, the proponent provided additional information on the 8^th October 2019. This information is included at Attachment 4.

Officer comment on LPP Advice

It is recommended that Council note the advice of the LPP and support in principle the planning proposal and submit the proposal to the Department of Planning, Industry and Environment seeking a Gateway determination and public exhibition.

The reasons for this recommendation are:

· the proposal has strategic and site specific merit;

· the proposal is site specific and will not undermine the strategic planning framework;

· the site-specific DCP will ensure that any impacts are mitigated and that any benefits are realised;

· the site can accommodate (subject to development consent) an appropriate mixed use development that is in close proximity to the train station, open space areas, and will be well serviced by the future upgrade of Heathcote Road.

Consistency with Draft Local Strategic Planning Statement – Connected Liverpool 2050

Council’s draft Local Strategic Planning Statement (LSPS) Connected Liverpool 2050 provides strategic directions to support the implementation of the Regional, District and Community Strategic Plan. The four key directions are: connectivity, liveability, productivity and sustainability. The planning proposal aligns predominately with the second direction which includes the following relevant priorities:

· High quality, plentiful and accessible community facilities, open space and infrastructure aligned with growth

· Housing choice for different needs, with density focused in the City Centre and centres will serviced by public transport (emphasis added)

· Safe, healthy and inclusive places shaping the wellbeing of the Liverpool Community

The planning proposal generally supports these priorities as it would ultimately deliver (subject to further development assessment) a mixed use development in a well located site that is serviced by public transport.

Consultation

Council’s Environment & Health department identified that a Stage 2 Detailed Site Contamination assessment would be required to support the planning proposal. The recommendation to support this planning proposal is conditional on the proponent preparing a detailed site contamination investigation to ensure the requirements of SEPP 55 are met.

The site has frontage to Heathcote Road (which is to be upgraded) and lies directly to the north of the Holsworthy army Barracks and the Moomba to Sydney ethanol gas pipeline. Should the proposal receive a Gateway determination, the RMS, Department of Defence and APA Group will each receive a formal notification of the proposal and be given an opportunity to make any comments.

Additionally, should the proposal receive a Gateway determination, it is recommended that a site specific DCP is prepared containing site specific controls to address urban design, building massing and potential environmental impacts. As recommended by the LPP, any site-specific DCP will need to be referred to Council’s Design Excellence Panel, prior to public exhibition.

CONSIDERATIONS

Economic	Further develop a commercial centre that accommodates a variety of employment opportunities. Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate economic development.
Environment	Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options.
Social	Regulate for a mix of housing types that responds to different population groups such as young families and older people.
Civic Leadership	Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes.
Legislative	Environmental Planning and Assessment Act 1979.

ATTACHMENTS

1. Planning Proposal (Under separate cover)

2. Planning Assessment Report (Under separate cover)

3. Local Planning Panel Advice (Under separate cover)

4. Applicants Response to LPP Advice (Under separate cover)

5. Urban Design Report and Masterplan (Under separate cover)

6. Traffic Report (Under separate cover)

7. Social Impact Assessment (Under separate cover)

8. Economic Impact Assessment (Under separate cover)

9. VPA Letter of Offer (Under separate cover)

181

Ordinary Meeting 28 October 2019

City Community and Culture Report

COM 01

Grants, Donations and Corporate Sponsorship

Strategic Direction	Creating Connection Implement access and equity for all members of the community
File Ref	246471.2019
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Dr Eddie Jackson - Director City Community and Culture

Executive Summary

Council is committed to building strong and resilient communities in the Liverpool Local Government Area (LGA) and to maximising social wellbeing. Council helps achieve these goals by providing financial support through grants and sponsorships to develop leadership skills, increase participation in community activities and address identified social issues.

This report provides funding recommendations under the Corporate Sponsorship Program for Council’s consideration.

RECOMMENDATION

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

Applicant

Project

Recommended

Liverpool Domestic Violence Liaison Committee

Stop DV Day

$10,000

REPORT

The Corporate Sponsorship Program received one application which met the eligibility criteria and is recommended for funding as follows:

Applicant	Liverpool Domestic Violence Liaison Committee
Project	Stop DV Day 6 December 2019, 4pm to 7pm, Carnes Hill Community and Recreation Precinct
Description	Objective: This family event will engage the public in fun activities as well as sending a strong message about preventing domestic and family violence in our community. The Liverpool Domestic Violence Liaison Committee (LDVLC) will partner with local food providers, businesses, and community services to host the event. Outcomes: · Participants will be encouraged to take the oath to stop domestic violence, which will raise community awareness of domestic and family violence; · Engage the community to discuss domestic and family violence in a safe and welcoming environment; · Promote a strong message that the community aims to stop domestic and family violence; · Raise community awareness of available support services; and · Provide a safe space for women and children to seek information.
Beneficiaries	· 300+ attendees; · Local businesses and services in and around the Carnes Hill Community and Recreation Precinct; and · In supporting this event, Liverpool City Council is demonstrating its stance against domestic and family violence and its commitments as a White Ribbon Accredited workplace.
Assessment	Recommended for Funding - $10,000 The applicant’s event aligns with the Community Strategic Plan Direction 1 Creating Connections and meets the Corporate Sponsorship Program’s funding outcomes. The event provides a platform to highlight the work and services available from local community organisations. · Community, cultural, and social benefits 7.7 – 2. a), b), and c). · Expected program outcomes 7.7.1 - a), b), c), and e).

CONSIDERATIONS

Economic

CORPORATE SPONSORSHIP
Budget	Balance	Recommended funding in this report		Remaining
$100,000	$32,500	$10,000		$22,500
COMMUNITY GRANTS
Budget	Balance	Recommended funding in this report	CEO approved small grants	Remaining
$102,000	$101,000	Nil	Nil	$101,000
MATCHING GRANTS
Budget	Current balance	Recommended funding in this report		Remaining
$200,000	$185,000	Nil		$185,000
SUSTAINABLE ENVIRONMENT GRANTS*
Budget	Balance	Recommended funding in this report		Remaining
$75,000	$75,000	Nil		$75,000
COMBINED FUNDING BALANCE
Combined Budget	Combined Balance	Total recommended funding		Remaining
$477,000	$393,500	$10,000		$383,500

* Sustainable Environment Grants funding is via a rate levy and is only eligible to be used for the Sustainable Environment Grants Program.

Environment

There are no environmental considerations.

Social

Support community organisations and groups to deliver services.

Civic Leadership

There are no civic leadership and governance considerations.

Legislative

Local Government Act 1993 - s356.

ATTACHMENTS

1. Grants, Donations, and Corporate Sponsorship Policy (Under separate cover)

185

Ordinary Meeting 28 October 2019

City Community and Culture Report

COM 02

Liverpool District Forums - Terms of Reference Review

Strategic Direction	Creating Connection Implement access and equity for all members of the community
File Ref	250371.2019
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Dr Eddie Jackson - Director City Community and Culture

Executive Summary

In January 2017, Council resolved to establish the Liverpool District Forums (Forums) as a mechanism to promote dialogue, community engagement and communication with the community, with the intention to evaluate the Forums within 18 months.

A review of the Forums’ Terms of Reference was conducted in August and September 2019. The review considers the recommended changes from the interim evaluation in June 2018, lessons learnt from the operation of the Forums and recent feedback from internal stakeholders and community members received during the review. The Forums’ Terms of Reference has been revised to incorporate the changes to the operational, decision-making and accountability processes as a result of the review as follows:

· Frequency of each Forum will be determined by the Chairing Councillor and CEO;

· Decrease the number of Forums and the district boundaries from six to four;

· Increase the quorum for each Forum from five to 10 attendees, excluding Council staff;

· Deliver community forums on a needs basis and invite government and private sector representatives to the Forums for broader community engagement on matters of interest and concern; and

· Implementation of an internal accountability process to respond to requests for information and actions arising.

This report presents the revised Liverpool District Forums’ Terms of Reference for Council’s consideration.

RECOMMENDATION

That Council endorse the revised Liverpool District Forums’ Terms of Reference.

REPORT

In January 2017, Council resolved to establish six district forums as a means to develop and strengthen ongoing dialogue between Council and the community about matters affecting local communities, including those matters that affect the broader Liverpool Local Government Area (LGA). Accordingly six Forums were established based on the district boundaries of the LGA.

The primary functions of the Forum are to provide the opportunity for Council to:

a) Engage and consult with the community about local matters;

b) Convey information about Council plans, services and operations;

c) Encourage active and meaningful community participation in Council matters;

d) Provide the community with the means to identify and solve local issues and to take appropriate action, where possible; and

e) Respond appropriately to the community on matters raised.

In June 2018, an interim evaluation of the operation of the Forums recommended a number of changes including:

· Frequency of the Forums;

· Deliver community forums on a needs basis;

· Inviting government and private sector representatives to the Forums for broader community engagement on matters of interest and concern.

A further review of the Forums was conducted in August and September 2019 that recommended changes to the quorum for meetings and the way in which Council will respond to requests for information and actions arising. As a result, the Forums’ Terms of Reference has been revised to incorporate the recommended changes as follows:

· Changes to the frequency of Forums is to be determined by the Chairing Councillor and CEO;

· The number of Forums have changed from six to four as per Council resolution on 27 June 2018;

· The quorum of meetings has increased from five to 10 attendees, excluding Council staff;

· Deliver community forums on a needs basis and invite government and private sector representatives to the Forums for broader community engagement on matters of interest and concern; and

· Amendment to Clause 10 improve internal accountability processes to respond to requests for information and actions arising.

This report recommends endorsement of the draft Liverpool District Forums’ Terms of Reference.

CONSIDERATIONS

Economic	The convening and delivery of the Forums are budgeted at $50,000 per annum.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

1. Draft Liverpool District Forums' Terms of Reference October 2019

195

Ordinary Meeting 28 October 2019

City Community and Culture Report

COM 03

Response to NOM 03 from 31 July 2019 - Infrastructure Funding Priorities

Strategic Direction	Generating Opportunity Meet the challenges of Liverpool’s growing population
File Ref	256962.2019
Report By	Dany Ngov - Policy and Projects Officer
Approved By	Dr Eddie Jackson - Director City Community and Culture

Executive Summary

In response to a Notice of Motion from the 31 July 2019 Council meeting to explore alternative means to fund infrastructure projects and to develop a process in which to maximise opportunities through applying for State and Federal Government grants, the following motion was adopted by Council:

· Create 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;

· 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).

This report has been prepared to inform Council and the community about the external funding opportunities available that may fund infrastructure projects. The report also presents to Council the draft Managing Development Applications for Grant-funded Infrastructure Projects Standard that acknowledges the time sensitivities for third party projects that may receive government funding and that also require development consent.

A copy of the published external funding opportunities and the draft Standard is attached to this report for the information of Council. This report recommends that Council receives and notes the information about external funding opportunities and delegates authority to the CEO to endorse the draft Standard.

RECOMMENDATION

That Council:

1. Receives and notes the information about external funding opportunities published on the Council website; and

2. Receives and notes the draft Managing Development Applications for Grant-funded Infrastructure Projects Standard and delegates authority to the CEO to endorse the draft Standard.

REPORT

Liverpool is experiencing rapid growth and the population is projected to almost double in size. This growth requires a significant and constant infrastructure investment by all levels of government. Infrastructure required to support population growth is typically delivered by a combination of developer contributions, voluntary planning agreements, state infrastructure levies, conditions of consent or by a third party, with or without an external funding source.

In regard to the external grants available that may fund infrastructure projects, a list has been published on the Council website that outlines links to sites that provide information about a range of external funding opportunities, in addition to grants provided through Council. Support is available through Council’s Community Development team to not-for-profit organisations and community groups to access Council’s grants programs. A copy of the published external grant information is attached to this report for the information of Council.

A draft Managing Development Applications for Grant-funded Infrastructure Projects Standard has been developed that acknowledges that time limitations often apply to third party projects that may receive government funding and require development approval. In these instances Council will be mindful of such timeframes and will endeavour to make such determinations within reasonable timeframes. Council may provide a letter to support the funding application or provide advice to the funding agency, where appropriate. However, the general principle of treating all applications fairly must be upheld. A copy of the draft Policy is attached to this report for the information of Council.

For development applications related to Council’s own developments, advice from Council’s Development Assessment unit confirms that it would present a conflict of interest for Council to be the determining authority in these instances. These applications will be determined by either the Liverpool Local Planning Panel or the Sydney Western City Planning Panel, which have their own set processes and it would not be possible for Council to have any influence on the process and timeframe for determination.

The Policy, upon adoption should be treated as a standard (as per CORP 01 of this Council Agenda), which is to be an operational policy approved by the CEO under Section 377 of the Local Government Act 1993. Standards are a mandatory and prescriptive set of rules which are to be consistently followed by Council staff and other stakeholders, and which relate to a critical operational activities or functions.

It is recommended that Council delegates authority to the CEO to endorse the draft Standard.

CONSIDERATIONS

Economic	Increase access to external funding to support the delivery of community infrastructure projects.
Environment	There are no environmental and sustainability considerations.
Social	Raise awareness in the community about available external grants that may fund community and infrastructure projects. Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	Actively advocate for federal and state government support, funding and services.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

1. Managing Development Applications for Grant-funded Infrastructure Projects Standard

2. External Funding Opportunities

207

Ordinary Meeting 28 October 2019

City Corporate Report

CORP 01

Reducing Red Tape - Development of Policies, Standards, Charters, Procedures and Strategies

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	227203.2019
Report By	Ellen Whittingstall - Coordinator Governance
Approved By	Chris White - Director City Corporate

Executive Summary

Council currently has 52 policies identified as corporate policies which have been approved by resolution of Council.

This report proposes a new framework of policies, standards charters procedures and strategies with the aim to reduce red tape and ensure that strategic direction of Council is established as the fundamental decision-making process.

RECOMMENDATION

That Council:

1. Endorse the Development of Policies, Standards, Charters, Procedures and Strategies included as Attachment 1 to this report;

2. Confirm the polices listed in Attachment 2 to this report as Council Policies; and

3. Rescind and remove from the policy register any previously-adopted policies of Council as listed in Attachment 3 to this report.

REPORT

Council currently has 52 policies identified as corporate policies which have been approved by resolution of Council. This list has been reviewed by staff, revealing that a large number of these documents are either unnecessary, or are better managed as internal procedures or guidelines.

The purpose of this report is to adopt a new policy framework that addresses this issue. The proposed framework identifies five tiers of policy and procedural documents, and defines the features of each type of document. This will allow the policy burden on Council to be reduced, and will mandate operational processes to be managed by the CEO.

The new policy framework will better reflect the strategic issues that are integral to sustained service delivery for our community by:

· reducing red tape;

· ensuring that valuable Councillor time is focused on the strategic direction of Council; and

· ensuring operational issues are adequately addressed in a timely and efficient manner.

At present, there is no clear definition of what constitutes a policy, standard, procedure, or strategy. The establishment of a five tier policy framework will allow for the appropriate classification of policy, standard, charter, procedure and strategy documents

The tiered structure contained within the proposed Framework will enable the public to be better informed, and is intended to direct and guide staff on Council’s purpose or procedure for undertaking a particular activity.

The Policy Review recommends the following approach (framework):

Category 1 – Policies:

Policies are to be adopted by a resolution of Council. These Council policies are mandated by legislation, or are strategic in nature. Some of these policies can only be adopted after public consultation, as set out in legislation.

Category 2 – Standards:

A Standard is to be an operational policy approved by the CEO under section 377 of the Local Government Act 1993. It can only be revoked or amended by the CEO, unless the CEO has given delegated authority to a member of Council staff to amend or revoke. Standards are a mandatory and prescriptive set of rules which are to be consistently followed by Council staff and other stakeholders, and which relate to a critical operational activities or functions.

Category 3 – Charters:

Charters are to be adopted by a resolution of Council, and provide the basis for the operation and activities of various Council committees. A charter can only be amended or revoked by Council.

Category 4 – Procedures:

A Procedure is an operational document that identifies the steps that must be followed in performing certain actions in order to comply with a policy or a legislative requirement. A Procedure must be followed by all members of Council staff, irrespective of the particular unit or directorate to which they belong.

Category 5 - Strategies:

A Strategy is a collection of statements of a strategic direction or intent aimed at addressing an identified need, gap or issue. Strategies are only to be developed when required by legislation or Council resolution, and will be adopted by resolution.

The implementation of the proposed five-tier approach to policy documents is intended to establish an efficient structure of policy, standard, charter, procedure and strategy documents that accurately reflect Council's position on any given matter and in a format that will assist the public and staff to understand and comply with the policy requirements.

CONSIDERATIONS

Economic	Facilitate economic development.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Undertake communication practices with the community and stakeholders across a range of media. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Local Government Act 1993 Local Government Regulation 2005 Public Interest Disclosure Act 1994

ATTACHMENTS

1. Development of Policies, Standards, Charters, Procedures and Strategies

2. Attachment 2 Policies to be Confirmed

3. Attachment 3 Policies to be rescinded and removed from the Policy Register

241

Ordinary Meeting 28 October 2019

City Corporate Report

CORP 02

Investment Report September 2019

Strategic Direction	Leading through Collaboration Seek efficient and innovative methods to manage our resources
File Ref	250654.2019
Report By	John Singh - Accountant - Investments & Treasury Management
Approved By	Vishwa Nadan - Chief Financial Officer

executive summary

This report details Council’s investment portfolio.

As at 30 September 2019, Council held investments with a market value of $294 million.

The portfolio yield to the end of September 2019 is 105 basis points above the AusBond Bank Bill index.

	AusBond Bank Bill Index (BBI)
Benchmark	1.74%
Portfolio yield	2.79%
Performance above benchmarks	1.05%

Return on investment for September 2019 was $206k lower than the budget.

Council’s investments and reporting obligations fully comply with the requirements of section 625 of the Local Government Act 1993 and clause 212 of the Local Government (General) Regulation 2005.

Council’s portfolio also fully complies with limits set out in its Investment Policy. NSW TCorp however has recommended that Council progressively reduce its exposure to lower-rated financial institutions to below 25% of its investment portfolio by 2021.

RECOMMENDATION

That Council receives and notes this report.

REPORT

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

Council’s Portfolio

At 30 September 2019, Council held investments with a market value of $294 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:

The ratio of market value compared to face value of various debt securities is shown in the table below.

Asset Class	Sep-19	Jun-19
Senior Debts (FRN's ,TCD's & FRB)*	100.75%	100.76%
MBS (Reverse Mortgage Backed Securities)	59.48%	59.48%
T-Corp Unit Trusts	104.02%	103.65%

*Definition of terms

· Transferrable Certificate of Deposit (TCD) - security issued with the same characteristics as a Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

· Fixed Rate Bond (FRB) – returns Fixed Coupon (interest) Rate and is tradeable before maturity.

Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering provisions. The grandfathering provisions state that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

NSW TCorp has recommended that Council progressively reduce its exposure to lower rated financial institutions to below 25% by 2021. Downgrading of AMP Bank’s credit rating on 27 August 2019 from “A” to “BBB” has increased Council exposure to 27.61% this month compared to 24.9% at 31 July 2019. Council staff will monitor and work with investment advisors to meet this requirement.

Portfolio Maturity Profile

The table below shows the percentage of funds invested at different durations to maturity.

Market Value by Issuer and Institution Policy limit as per Investment Policy

Overall Portfolio Credit Framework compliance to Investment Policy

Portfolio performance against relevant market benchmark.

Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.

The portfolio yield to 30 September 2019 exceeded the AusBond Bank Bill index by 105 basis points (2.79% against 1.74 %).

Council portfolio continues to performance at above benchmark rates despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:

Performance of Portfolio Returns against Budget

Council’s investment income for September 2019 is lower than the budget by $206k and will be closely monitored.

Investment Portfolio at a Glance

Portfolio Performance

The portfolio yield to 30 September 2019 exceeded the AusBond Bank Bill index by 105 basis points (2.79% against 1.74%).

Annual Income vs. Budget

Council’s investment interest income is lower than the budget by $206k as at 30 September 2019 and will be closely monitored.

Investment Policy Compliance

Legislative Requirements		Fully Compliant
Portfolio Credit Rating Limit		Fully Compliant
Institutional Exposure Limits		Fully Compliant
Overall Portfolio Credit Limits		Fully Compliant
Term to Maturity Limits		Fully Compliant

Economic Outlook – Reserve Bank of Australia

The Reserve Bank decided to lower the cash rate by 25 basis point in its meeting on 1^st October 2019, to the official cash rate of 0.75 per cent. The current 0.75 per cent cash rate is at a historically low level and impacts returns on investment.

Certificate of Responsible Accounting Officer

The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.

Independent verification by Head of Audit, Risk and Improvement (HARI)

Council has requested an on-going independent review of its investment portfolio by the Audit Risk and Improvement Committee (ARIC) or its representative under delegated authority. The ARIC has agreed for its Chairperson to provide a certificate on a quarterly basis – the next certificate will be presented to Council on 20 November 2019.

CONSIDERATIONS

Economic	Council’s investment interest income is lower than the budget by $206k as at 30 September 2019 and will be closely monitored.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorized investments) and with reporting requirements under clause 212 of the Local Government (General) Regulation 2005.

ATTACHMENTS

1. Investment Portfolio - September 2019

247

Ordinary Meeting 28 October 2019

City Corporate Report

CORP 03

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

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
File Ref	252544.2019
Report By	Ellen Whittingstall - Coordinator Governance
Approved By	Chris White - Director City Corporate

Executive Summary

The Model Code of Conduct for Local Councils in NSW was adopted by Liverpool City Council in February 2019. Clause 4.25 of the code requires that the completed annual pecuniary interest returns of Councillors and designated persons holding office and occupying positions as at 30 June 2019, be tabled before the Council.

Councillors and designated officers were asked to complete their pecuniary interest return by 30 September 2019 to ensure that they were received and completed by the deadline specified in clause 4.26 of the Code of Conduct.

At the time of finalising this report, all annual pecuniary interest returns had been lodged (although two Councillor returns were submitted after the due date of 30 September 2019).

Staff are obliged to report such matters to the Office of Local Government in accordance with the pecuniary interest provisions of the Model Code of Conduct and also the Council’s Code of Conduct. Furthermore, staff are also obliged to disclose these matters to Audit NSW as part of Council’s annual audit process.

RECOMMENDATION

That Council:

1. Notes the annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2019, are now tabled before the Council in accordance with clause 4.25 of the Model Code of Conduct; and

2. Notes that the Office of Local Government and Audit NSW will be advised of any designated staff and Councillors who have failed to lodge their completed annual pecuniary interest return in accordance with clause 4.21 of the Model Code of Conduct.

REPORT

Clause 4.21 of the Model Code of Conduct provides that a Councillor or a designated person, holding that position as at 30 June in any year, must complete and lodge with the General Manager (CEO) within three months after that date, in a form prescribed by the Code of Conduct.

The code details the requirements for the registration and tabling of returns lodged by Councillors and designated persons as follows:-

4.24 The general manager must keep a register of returns required to be made and lodged with the general manager.

4.25 Returns required to be lodged with the general manager under clause 4.21(a) and (b) must be tabled at the first meeting of the council after the last day the return is required to be lodged.

On 31 July 2019 the Chief Executive Officer approved of a Memo being issued to Councillors and designated persons advising them of the requirement to complete their annual pecuniary interest return by 30 September 2019.

On 7 August 2019 an email was sent to the staff advising them of the requirement to have their return completed as soon as possible. Follow up emails were sent on 20 and 30 September 2019.

At the time of finalising this report, all annual pecuniary interest returns had been lodged (although two Councillor returns were submitted after the due date of 30 September 2019).

Where the CEO becomes aware of a breach of the pecuniary interest provisions of the Act he / she is obliged to notify both Audit NSW and the OLG. Breaches by staff are managed by the CEO under the Award. The OLG has jurisdiction over managing the review of alleged breaches by councillors.

A register of all returns lodged by Councillors and designated persons, in accordance with clause 4.24 of the code, is currently being kept by Council’s Governance Unit as required.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	There are no social and cultural considerations.
Civic Leadership	Provide information about Council’s services, roles and decision making processes. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	Clauses 4.21, 4.24 and 4.25 and of the Model Code of Conduct for Local Councils is NSW 2018

ATTACHMENTS

Nil

259

Ordinary Meeting 28 October 2019

Committee Reports

CTTE 02

Minutes of the Liverpool Heritage Advisory Committee Meeting of 17 September 2019.

Strategic Direction	Creating Connection Celebrate diversity, promote inclusion and recognise heritage
File Ref	241271.2019
Report By	Thomas Wheeler - Heritage Officer
Approved By	David Smith - Acting Director, City Economy and Growth / Deputy CEO

Executive Summary

This report is tabled in order to present the minutes of the Liverpool Heritage Advisory Committee meeting held on 17 September 2019.

The committee supported three recommendations for Councils’ consideration, two of which will have a financial impact.

RECOMMENDATION

That Council:

1. Receives and notes the minutes of the Liverpool Heritage Advisory Committee meeting held on 17 September 2019;

2. Notes that recommendation 1 and 2 of the Committee is consistent with actions outlined in the Liverpool Heritage Strategy and any works or funding will be considered during the 2020/2021 and future year’s budgets; and

3. Notes the Forest Homestead is heritage listed and no further action is required.

REPORT

The minutes of the Liverpool Heritage Advisory Committee held on 17 September 2019 are attached for the information of Council.

The following recommendations of the Committee will have an operational and financial impact:

1. This committee recommends that Council explore the cost and strategies involved in scoping a Heritage Environmental Walkway, for the use of residents and tourists in Liverpool, from Collingwood House to Glenfield Station, with additional intent of activating important heritage, environmental and Aboriginal sites.

2. This committee recommends that Council provide a report on the costing of the signs for potential placement at Apex Park, noting that interpretation signage is in place at Liverpool Pioneers Memorial Park as part of revitalisation works in 2010, that Apex Park also receive similar signage.

Heritage Officers Comment:

The heritage interpretation projects proposed by the Liverpool Heritage Advisory Committee are considered to be small elements of a bigger interpretation and education project contained in the Liverpool Heritage Strategy. The Liverpool Heritage Strategy 2019/2023 identifies medium to long term opportunities including:

C5: Develop a heritage interpretation strategy for the Liverpool City Centre to include interpretation within future urban design master planning and to guide future developments in interpreting the past.

C7: Develop a self-guided digital heritage tour of key heritage places and buildings throughout the Liverpool Local Government Area.

The creation of a heritage environmental walkway can be considered in detail as a part of the strategic planning for both actions, while also identifying other opportunities which may connect the Liverpool CBD to other precincts within the Liverpool Local Government Area.

The heritage interpretation for Apex Park can also be considered in detail through a CBD based heritage interpretation strategy which would also identify other opportunities for heritage based public art and interpretation throughout the CBD.

The delivery of both recommendations as components of the identified actions of the Liverpool Heritage Strategy would require the development of a Liverpool CBD Heritage Interpretation Strategy and a Liverpool Heritage Trail Plan.

A budget of between $50,000 and $80,000 would be needed for each which can be considered for allocation during preparation of the 2020/2021 budget. This will enable the development of the Liverpool City Centre Interpretation Plan and a strategy for the development of the Heritage Environmental Walkway.

Subsequent budgets from 2021/2022 could consider funding for the gradual implementation of projects identified in the strategic planning phase.

The following recommendation will have no impact:

3. This committee recommends that a heritage assessment be made for the farmhouse located at the corner of Cowpasture and Bringelly Roads, while consulting with the owners of the dwelling to engage in a value assessment.

Heritage Officers Comment:

The subject property is identified as being owned by the NSW Government. The farmhouse in question is a listed heritage item under State Environmental Planning Policy (South West Growth Centre).

The farmhouse, known as Forest Home, was assessed through the Historic Heritage Assessment for the Austral and Leppington Area prepared by Australian Museum Business Services.

The dwelling and rural lot is associated with the WWII hero, Corporal John Hurst Edmondson.

The dwelling is currently identified as being of local heritage significance.

The assessment appears sufficient to confirm the existing listing. Further work may be required should the site be subject to any future development.

No further action is recommended on this motion.

CONSIDERATIONS

Economic	Funding will be considered during the 2020/2021 budget.
Environment	Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues.
Social	Preserve and maintain heritage, both landscape and cultural as urban development takes place.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

1. Heritage Advisory Committee Minutes - 17 Sept 2019.

291

Ordinary Meeting 28 October 2019

Questions with Notice

QWN 02

Question with Notice - Clr Hagarty - Edmondson Park Commuter Car Park

Strategic Direction

Strengthening and Protecting our Environment

Exercise planning controls to create high-quality, inclusive urban environments

File Ref

256653.2019

QUESTION WITH NOTICE

Background

Despite allocating just $212,000 in this year's budget, the New South Wales Government continues to commit to a 'mid 2020' time frame for the completion of a multi-storey car park at Edmondson Park station.

Potential risks to the project's completion date have been given as "weather, Liverpool Council and other land holders".

Please address the following:

1. Does Council own land within the vicinity of Edmondson Park train station suitable for a multi-storey car park?

Council does not own any land suitable for the construction of a multi-storey car park close to Edmondson Park railway station.

2. Has Council been approached by the State Government about the use of Council owned land for a multi-storey car park at Edmondson Park? If so when?

As indicated above, Council does not own any land in the immediate vicinity of Edmondson Park station and hence Council has not been approached for a carpark to be constructed on Council’s land.

However, Transport for NSW (TfNSW) have approached Council to discuss the agencies’ environmental planning, preliminary design investigation and arrangement to lease or acquire land for construction of the additional commuter parking spaces close to Edmondson Park station.

Council is advised that negotiations to lease land from adjoining land owners is underway and Council will be notified of the timing once suitable site/s have been identified and design investigations have commenced.

In addition, TfNSW also enquired whether Council would be able to project manage the construction of at-grade car parking once suitable construction site/s been secured. Requested indicative costs have been provided to TfNSW.

3. What approvals would Liverpool Council need to give for a multi-storey car park at Edmondson Park?

Construction of a multi-storey car close to the Edmondson Park station can be approved under the following two assessment regimes:

a) TfNSW can lodge a Development Application with Council for assessment under Part 4 of the Environmental Planning and Assessment Act; or

b) TfNSW can lodge an application for environment assessment under Part 5 of the Environmental Planning and Assessment Act to the Minister for Planning, which provides for Infrastructure Development by Public Authorities.

If TfNSW lodges a Development Assessment with Council, depending on the development site, the application would be assessed under State Environmental Planning Policy (State significant Precincts) 2005.

The land parcels directly north and south of the station are zoned B4-Mixed use under State Environmental Planning Policy (State significant Precincts) 2005.

A commuter car park close to the station, would be defined as a “passenger transport facility”. A commuter car park is permitted with consent, within the B4 zone.

The DA would likely need to be determined by the Sydney Western City Planning Panel as it will involve crown development over $5 million and would be deemed regionally significant.

If the cost exceeds $30 million, the DA would be deemed State significant and would be assessed by the Department of Planning Industry and Environment.

4. Are there any other delays or impediments Council could potentially cause to the timely completion of this project?

No. However if a Development Application is lodged with Council, the application will be assessed and likely reported to the Sydney Western City Planning Panel for determination.

ATTACHMENTS

Nil

299

Ordinary Meeting 28 October 2019

Notices of Motion

NOM 02

Wood Encouragement Policy

Strategic Direction

Leading through Collaboration

Strive for best practice in all Council processes

File Ref

264015.2019

Author

Nathan Hagarty - Councillor

Background

Wood Encouragement Policies require responsibly sourced wood to be considered, where feasible, as the primary construction material in Government building and fit out projects.

Canada, Japan, France, Finland, Netherlands and the UK, over a dozen Councils across Australia and Tasmania have all adopted a Wood Encouragement Policy.

The use of wood as a building material has many benefits over other building materials, amongst them:

· faster to build, saving time and money

· uses much less energy to produce

· tackles climate change through carbon sequestration

· is naturally renewable and abundant

Recent examples of wooden public buildings include Melbourne City Council’s ‘Library at the Dock’, Bunjil Place in the City of Casey and Bold Park Aquatic Centre in WA.

With a large capital works program, including a number of notable public buildings, planned for Liverpool over the coming years, Council should have a Wood Encouragement Policy in place. This will ensure a cost effective, aesthetically pleasing and environmentally friendly building product is considered for these projects.

NOTICE OF MOTION

That Council:

1. Provide Councillors a briefing on:

· The benefits of a Wood Encouragement Policy; and

· Examples of wooden public buildings that have been developed as a result of a Wood Encouragement Policy.

2. Following the briefing, commence work on a draft Wood Encouragement Policy.

CONSIDERATIONS

Economic	There are no economic and financial considerations.
Environment	Raise community awareness and support action in relation to environmental issues.
Social	There are no social and cultural considerations.
Civic Leadership	Act as an environmental leader in the community. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.
Legislative	There are no legislative considerations relating to this report.

ATTACHMENTS

Nil

105
CEO 01	Resubmission: Biannual Report January - June 2019
Attachment 1	Updated Biannual Report January-June 2019

143
CEO 04	National Growth Areas Alliance (NGAA) - Elections for Strategic Advisory Committee
Attachment 2	NGAA Governance Manual

1
CEO 04	National Growth Areas Alliance (NGAA) - Elections for Strategic Advisory Committee
Attachment 3	Notice of Election

161
CEO 04	National Growth Areas Alliance (NGAA) - Elections for Strategic Advisory Committee
Attachment 4	Information pack for Strategic Committee candidates

Strategic Direction	Creating Connection Create a dynamic, inclusive environment, including programs to support healthy living
File Ref	240075.2019
Report By	Mark Westley - Manager Recreation and Community Outcomes
Approved By	Dr Eddie Jackson - Director City Community and Culture

Economic	There are no economic or financial considerations.
Environment	There are no environmental and sustainability considerations.
Social	Support community organisations, groups and volunteers to deliver coordinated services to the community.
Civic Leadership	There are no civic leadership and governance considerations.
Legislative	Sections 356(3), 377(1), and 378 of the Local Government Act 1993.

257
CTTE 01	Minutes of the Liverpool Sports Committee Meeting held 29 August 2019
Attachment 1	Minutes of the Liverpool Sports Committee meeting held on 29 August 2019

271
CTTE 03	Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 5 September 2019
Attachment 1	Minutes of the Community Safety and Crime Prevention Advisory Committee meeting held on 5 September 2019.

Strategic Direction	Leading through Collaboration Encourage community participation in decision-making
File Ref	246309.2019
Report By	Galavizh Ahmadi Nia - Manager Community Development and Planning
Approved By	Dr Eddie Jackson - Director City Community and Culture

279
CTTE 04	Minutes of the Liverpool Youth Council Meeting held on Wednesday 4 September 2019
Attachment 1	Minutes of the Liverpool Youth Council Meeting held on Wednesday 4 September 2019

Strategic Direction	Leading through Collaboration Strive for best practice in all Council processes
Key Policy	Long-Term Financial Plan
File Ref	247913.2019
Report By	Earl Paradeza - Senior Management Accountant
Approved By	Vishwa Nadan - Chief Financial Officer

Economic	There are no economic considerations relating to this report
Environment	There are no environment considerations relating to this report
Social	There are no social considerations relating to this report
Civic Leadership	There are no civic leadership considerations relating to this report
Legislative	There are no legislative considerations relating to this report.

287
CTTE 05	Minutes of Budget Review Panel 19 September 2019
Attachment 1	Budget Review Minutes Draft Sept 2019