MINUTES OF THE Ordinary
Meeting
HELD ON 20 November 2019
PRESENT:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot (arrived at 6.03pm)
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 Raj Autar, Director City Infrastructure and Environment
Mr Chris White, Director City Corporate
Dr Eddie Jackson, Director City Community and Culture
Mr Peter Patterson, Director City Presentation
Mr David
Smith, Manager Planning & Transport Strategy
Mr David
Maguire, Internal Ombudsman
Mr Michal Szczepanski, Senior Property Officer
Mr Andrew
Stevenson, Chief Strategy and Engagement Officer
Mr Vishwa
Nadan, Chief Financial Officer
Mr George
Georgakis, Manager Council and Executive Services
Ms Susan
Ranieri, Coordinator Council and Executive Services (minutes)
The meeting commenced at 6.00pm.
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STATEMENT REGARDING WEBCASTING
OF MEETING
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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.
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ACKNOWLEDGMENT OF
COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY
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The prayer of the Council was read by Pastor Claudio Alosi from Living
Grace Christian Church.
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NATIONAL ANTHEM
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The National Anthem performed
by Rebekah Ferro was played at the meeting.
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APOLOGIES
Nil.
CONDOLENCES
Nil.
Clr Balloot arrived at the
meeting at 6.03pm.
Confirmation of Minutes
Motion: Moved:
Clr Shelton Seconded:
Clr Ayyad
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That
the minutes of the Ordinary Meeting held on 28 October 2019 be confirmed as a
true record of that meeting.
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On being put to the meeting
the motion was declared CARRIED.
Declarations of Interest
Clr
Hagarty declared a non-pecuniary, less than significant interest in the
following item:
CONF
04: Code
of Conduct Final Investigation Report.
Reason: Clr Hagarty is involved in the complaint.
Clr
Hagarty left the Chambers for the duration of this item.
Mayor
Waller declared a non-pecuniary, less than significant interest in the
following item:
CONF
04: Code
of Conduct Final Investigation Report.
Reason: Mayor Waller is a party to the proceedings.
Mayor
Waller left the Chambers for the duration of this item.
Clr
Harle declared a non-pecuniary, but significant interest in the following
item:
CONF
03: 2020 Australia Day Awards.
Reason: Clr Harle knows one of the nominees that has been nominated
for an Australia Day Award.
Clr
Harle left the Chambers for the duration of this item.
Clr
Harle declared a non-pecuniary, less than significant interest in the following
item:
QWN
03: Question with Notice - Clr Hadchiti - Warwick Farm
Precinct.
Reason: Clr Harle has family members that reside in the area.
Clr Harle remained in the
Chambers for the duration of this item.
Clr Kaliyanda declared a
non-pecuniary, less than significant interest in the following item:
CONF
03: 2020 Australia Day Awards.
Reason: Clr Kaliyanda knows one of the nominees nominated for
an Australia Day Award.
Clr Kaliyanda remained in the
Chambers for the duration of this item.
Clr Rhodes declared a
non-pecuniary, less than significant interest in the following item:
NOM 02: WSROC Genx 100% Renewable Solar Power Purchase
Agreement Opportunity.
Reason: Clr
Rhodes is the treasurer of WSROC.
Clr Rhodes remained in the
Chambers for the duration of this item.
Clr Rhodes declared a
pecuniary interest in the following item:
CTTE 01: Minutes of the
Tourism and CBD Committee meeting held on 1 October 2019.
Reason: Clr Rhodes is not a member of the Tourism and CBD
Committee but suggested the Committee invite the
South West Sydney Tourism Taskforce (SWSTT) to present
at one of their meetings.
Clr
Rhodes knows all the people on the SWSTT through the Liverpool Business
Chambers. She has no financial interest in SWSTT. Members of SWSTT
do advertise in her magazine.
Clr Rhodes remained in the
Chambers for the duration of this item.
Clr Rhodes declared a non-pecuniary,
but significant interest in the following item:
CONF 04: Code of Conduct Final Investigation Report.
Reason: Clr Rhodes is the person mentioned in that report.
Clr Rhodes made a brief
statement at the beginning of the item, then left the Chambers for that item.
Clr Hadchiti declared a
non-pecuniary, less than significant interest in the following item:
MAYOR
01 International
Kempo Martial Arts Academy Pty Ltd lease arrangements.
Reason: Clr Hadchiti’s children train at the Integrated
Martial Arts Centre (IMC), though not at the Kemps Creek centre. Clr
Hadchiti has no interest and pays standard
fees.
Clr Hadchiti remained in the
Chambers for the duration of this item.
Presentation – items not on agenda
1.
Mr John Anderson addressed Council on the following item:
Moorebank
Intermodal Freight Hub.
Motion: Moved:
Clr Shelton Seconded:
Clr Rhodes
That
a three minute extension of time be given to the speaker.
On
being put to the meeting the motion was declared CARRIED.
2.
Mr Michael Byrne of East Liverpool Progress Association addressed Council on the following item:
Moorebank
Intermodal – legal appeal.
Motion: Moved:
Clr Rhodes Seconded:
Clr Harle
That
a three minute extension of time be given to the speaker.
On
being put to the meeting the motion was declared CARRIED.
Representation – items on agenda
Nil.
mayoral MINUTES
ITEM
NO: MAYOR
01
SUBJECT: International Kempo Martial Arts Academy Pty Ltd lease
arrangements
International
Kempo Martial Arts Academy has been operating in Liverpool for the past 40
years and are the long-standing lessee of the hall at the Bill Anderson
Reserve, Kemps Creek.
To clarify
the status of the lease with International Kempo Martial Arts Academy Pty Ltd
which will expire on 31 December 2019, I move as a matter of urgency that
Council:
Motion: Moved:
Mayor Waller
1.
Confirm its commitment to
offer a three year lease extension to the International Kempo Martial Arts
Academy Pty Ltd, as the long-standing lessee of the hall at the Bill Anderson Reserve,
Kemps Creek;
2.
Such an extension should be
granted from 1 January 2020 to 31 December 2022, and on the same terms as those
contained in the current lease, including rent reviews; and
3.
Exempt this lease from the tender
requirements under s.55(3)(e) of the Local Government Act 1993, as the term of
the lease is less than five (5) years.
On being put to the meeting the motion was declared
CARRIED.
Councillors voted unanimously for this motion.
During
this item as the motion was being read out, Clr Hadchiti declared a
non-pecuniary, less than significant interest as his children train at the Integrated
Martial Arts Centre (IMC) though not at the Kemps Creek centre.
Item no: Mayor 02
file no: 298358.2019
subject: renew Our Libraries Phase Two
The NSW Public Libraries Association’s (NSWPLA) Renew
Our Libraries funding campaign secured a $12.95 million increase in Grants
and Subsidies funding for NSW libraries in the 2019/20 NSW state budget –
the largest single increase in funding since the introduction of the Library
Act in 1939.
The
average increase in state funding contributions paid to NSW councils for
expenditure on library services in 2019/20 is 72.9% more than 2018/19 funding.
This positive outcome is thanks to the efforts of more than 80% of NSW councils
(ours included) to support the Renew Our Libraries campaign.
NSWPLA recently relaunched Renew
Our Libraries Phase Two, focusing on the future sustainability of library funding through
cost of living indexation and protection via inclusion of the new funding
arrangements in library legislation. This step is critical to ensure that
councils will receive the increased level of library funding in perpetuity, and
in step with future cost of living increases. Without this assurance, funding for
our libraries can easily diminish over time, leaving NSW councils to once again
meet the shortfall.
It is important to note that Renew
Our Libraries Phase Two seeks to index the funding and protect the future funding for
libraries provided by the NSW government, regardless of which party is in power
at any given time.
RECOMMENDATION:
Motion: Moved:
Mayor Waller
1.
That Council makes representation
to local State Member(s) and relevant Ministers in relation to the need for a
sustainable state funding model for the ongoing provision of public library
services;
2.
That Council write to the Hon. Don
Harwin, Minister for the Arts and the Hon. Walt Secord, Shadow Minister for the
Arts, calling for bi-partisan support for Consumer Price Index (CPI) indexation
of state funding for NSW public libraries, as well as legislation of all
elements of the 2019-20 to 2022-23 NSW state funding model; and
3.
That Council endorses the
distribution of the NSW Public Libraries Association NSW library sustainable
funding advocacy information in Council libraries, as well as involvement in
any actions proposed by the Association.
On
being put to the meeting the motion was declared CARRIED.
Councillors
voted unanimously for this motion.
During
discussion on the above item, following a request from Clr Hadid, Mayor Waller
advised that Council will also send a letter of thanks to Local Government NSW
for their lobbying and support regarding the allocation of funds for local
Councils.
Chief Executive Officer Report
ITEM NO: CEO 01
FILE NO: 273000.2019
SUBJECT: Council Meeting Dates - January to December 2020
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RECOMMENDATION
That Council:
1. Confirms the
Council meeting time as 6.00pm and Council meeting dates for the 2020
calendar year as follows:
· 3 February 2020
· 24 February 2020
· 30 March 2020
· 27 April 2020
· 25 May 2020
· 29 June 2020
· 27 July 2020
· 31 August 2020
· 19 October 2020
· 16 November 2020
· 14 December 2020
2. Place appropriate notices in
the local newspapers advising the community of the dates and commencing times
of Council meetings for the 2020 calendar year.
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COUNCIL DECISION
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Motion Moved:
Clr Ayyad Seconded:
Clr Hadchiti
That
Council:
1.
Confirms the Council
meeting time as 6.00pm and Council meeting dates for the 2020 calendar year as
follows:
·
5 February;
·
26 February;
·
25 March;
·
29 April;
·
27 May;
·
24 June;
·
29 July;
·
26 August;
·
21 October;
·
18 November; and
·
16 December.
2. Place appropriate notices in the local newspapers advising
the community of the dates and commencing times of Council meetings for the
2020 calendar year.
On
being put to the meeting the motion was declared CARRIED.
ITEM NO: CEO 02
FILE NO: 277507.2019
SUBJECT: Annual Code of Conduct Complaints Statistics Report
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RECOMMENDATION
That Council receive and note this report and the
attached Complaints Statistics Report, which has been submitted by the
Internal Ombudsman to the Office of Local Government.
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COUNCIL DECISION
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Motion Moved:
Clr Hadchiti Seconded:
Clr Shelton
That the recommendation be
adopted.
On being put to the meeting
the motion was declared CARRIED.
ITEM NO: CEO 03
FILE NO: 277795.2019
SUBJECT: Review of Council's Privacy Policy
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RECOMMENDATION
That Council adopt the draft Privacy Policy attached
to this report.
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COUNCIL DECISION
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Motion Moved:
Clr Hagarty Seconded:
Clr Kaliyanda
That Council
1. Adopt the draft Privacy Policy attached to the
report;
2. Adopt the
Declaration of Cities Coalition for Digital Rights; and
3. Write to the
other Councils in the Western Sydney City Deal encouraging them to also adopt
the Declaration, and Council also use WSROC as an advocacy platform to
encourage other organisations too.
On
being put to the meeting the motion was declared CARRIED.
City
Economy and Growth Report
ITEM NO: EGROW 01
FILE NO: 273724.2019
SUBJECT: Overview of Specific Planning Agreements
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RECOMMENDATION
That Council:
1.
Receive and note this report; and
2. Note that future updates will be provided
at the Strategic Panel every 6 months, commencing May 2020.
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COUNCIL DECISION
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Motion Moved:
Clr Harle Seconded:
Clr Shelton
That the recommendation be
adopted.
On being put to the meeting
the motion was declared CARRIED.
ITEM NO: EGROW 02
FILE NO: 249694.2019
SUBJECT: Post Exhibition Report - Draft Liverpool Local
Environmental Plan 2008 (Amendment 74) - Schedule 1 Amendment to permit
multi-dwelling housing at 123 Epsom Road, Chipping Norton
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RECOMMENDATION
That
Council:
1. Notes the Gateway determination for draft
Liverpool Local Environmental Plan 2008 (Amendment 74), the results of public
exhibition and community consultation and the heritage impact assessment; and
2.
Approves Amendment 74
and delegate’s authority to the CEO to liaise with the NSW
Parliamentary Counsel’s Office and the Department of Planning, Industry
and Environment to finalise the amendment.
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COUNCIL DECISION
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Motion Moved:
Clr Kaliyanda Seconded: Clr
Rhodes
That
the recommendation be adopted.
On
being put to the meeting the motion was declared CARRIED.
Councillors
voted unanimously for this motion.
ITEM NO: EGROW 03
FILE NO: 266991.2019
SUBJECT: Endorsement of Liverpool Pioneers Memorial Park
Conservation Management Plan
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RECOMMENDATION
That Council note this report and endorse the Liverpool
Pioneers’ Memorial Park Conservation Management Plan.
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COUNCIL DECISION
Motion Moved:
Clr Rhodes Seconded:
Clr Shelton
That the
recommendation be adopted.
On being put
to the meeting the motion was declared CARRIED.
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ITEM NO: EGROW 04
FILE NO: 279285.2019
SUBJECT: Investigation of Heritage Incentives of City of Perth
and Adelaide
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RECOMMENDATION
That Council:
1. Implement a trial conservation grants
scheme of $25,000 per annum from 2020/2021 with full program review at end of
2022/2023; and
2.
Engage a heritage
architect and prepare a Heritage Minor Works Policy in 2020/2021.
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COUNCIL DECISION
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Motion Moved:
Clr Kaliyanda Seconded: Clr
Hadchiti
That Council:
1. Implement a trial conservation grants
scheme of $50,000 per annum from 2020/2021 with full program review at end of
2022/2023;
2.
Engage a heritage
architect and prepare a Heritage Minor Works Policy in 2020/2021; and
3.
Undertake a communications
strategy to inform the community of the conservation grants scheme.
On
being put to the meeting the motion was declared CARRIED.
ITEM NO: EGROW 05
FILE NO: 270940.2019
SUBJECT: Report back following NOM 04 - Affordable Housing and
Planning for Infrastructure from 25 September 2019 Council meeting
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RECOMMENDATION
That
Council authorise the CEO to
prepare correspondence highlighting the key issues outlined in this report,
for distribution to the Minister for Planning and Public Spaces, WSROC and
neighbouring councils.
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COUNCIL DECISION
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Motion Moved:
Clr Kaliyanda Seconded: Clr
Karnib
That
Council:
1.
Authorise the CEO to prepare correspondence
highlighting the key issues outlined in this report, for distribution to the
Minister for Planning and Public Spaces, WSROC and neighbouring councils; and
2.
Hold a Briefing Session
to allow Councillors to make suggestions and provide feedback.
(It was noted that this matter would be added to the
Agenda for the Briefing Session, which is scheduled for 26 November 2019).
On
being put to the meeting the motion was declared CARRIED.
Vote for: Mayor
Waller
Clr
Balloot
Clr
Hagarty
Clr
Hadid
Clr
Harle
Clr
Kaliyanda
Clr
Karnib
Clr
Rhodes
Clr
Shelton
Vote against: Clr Ayyad
Clr
Hadchiti
City
Community and Culture Report
ITEM NO: COM 01
FILE NO: 271103.2019
SUBJECT: Draft Homelessness Strategy and Action Plan
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RECOMMENDATION
That Council:
1. Endorses the Draft Homelessness Strategy
and Action Plan for public exhibition for a period of six weeks; and
2. Receives a report at the completion of
the public exhibition period noting feedback received and any changes made to
the draft policy in line with community feedback, or if no submissions are
received, delegate authority to the CEO to endorse the draft Homelessness
Strategy and Action Plan.
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COUNCIL DECISION
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Motion Moved:
Clr Hadchiti Seconded:
Clr Shelton
That the recommendation be
adopted.
On
being put to the meeting the motion was declared CARRIED.
ITEM NO: COM 02
FILE NO: 273804.2019
SUBJECT: COM 04 - Green Valley Hotel Liquor Licence Application
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RECOMMENDATION
That Council:
1.
Continues to make
submissions and lobby Liquor & Gaming NSW in regards to adverse impacts
of the industry for Liverpool LGA;
2. Advocates to NSW Government for increased
Local Government decision making in gaming machine provisions, including the
changed Local Impact Assessment Band that allows moving of or increase of
poker machines within the Liverpool LGA; and
3. Considers a policy position, where public
interest is in the forefront of all such decisions, including investigating
measures of non-association with alcohol and gambling industries.
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COUNCIL DECISION
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Motion Moved:
Clr Rhodes Seconded:
Clr Kaliyanda
That Council:
1.
Continues to make
submissions and lobby Liquor & Gaming NSW in regards to adverse impacts of
the industry for Liverpool LGA;
2. Advocates to NSW Government for increased
Local Government decision making in gaming machine provisions, including the
changed Local Impact Assessment Band that allows moving of or increase of poker
machines within the Liverpool LGA;
3. Advocates to NSW Government for local
government’s SIA’s to be prioritised in considerations relating to
gaming machine provisions and determination of the band assessments
allocations; and
4. Considers a policy position, where public
interest is in the forefront of all such decisions, including investigating
measures of non-association with alcohol and gambling industries.
On being put to the meeting the motion was declared
CARRIED.
Clr Hadchiti asked that his name be recorded as having
voted against the motion.
ITEM NO: COM 03
FILE NO: 274151.2019
SUBJECT: Draft Social Impact Assessment Policy and Guidelines
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RECOMMENDATION
That Council:
1.
Endorses the draft
Social Impact Assessment Policy and Guidelines for public exhibition for a
period of six weeks; and
2. Receives a report at the completion of
the public exhibition period noting feedback received and any changes made to
the draft policy in line with community feedback, or if no submissions are
received, delegate authority to the CEO to endorse the draft Social Impact
Assessment Policy and Guidelines.
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COUNCIL DECISION
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Motion Moved:
Clr Kaliyanda Seconded: Clr
Shelton
That Council:
1.
Endorses in principle the draft Social Impact Assessment Policy and
Guidelines for public exhibition for a period of six weeks;
2. Receives a report at the completion of the
public exhibition period noting feedback received and any changes made to the
draft policy in line with community feedback, or if no submissions are
received, delegate authority to the CEO to endorse the draft Social Impact
Assessment Policy and Guidelines; and
3. As part of the regular internal cycle of
review of the Social Impact Assessment Policy (every two years), Council is to
engage a recognised independent Industry expert to undertake a peer
review to ensure that the policy promotes best practice and is kept up to date
and in line with changes to relevant planning guidelines.
On
being put to the meeting the motion was declared CARRIED.
City
Corporate Report
ITEM NO: CORP 01
FILE NO: 265770.2019
SUBJECT: EOI2906 Collingwood House Commercial Opportunities
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RECOMMENDATION
That Council:
1. Pursuant to clause 178 of the
Local Government (General) Regulation 2005, does not award the Expression Of
Interest EOI2906, as no submissions were received;
2. Makes public its decision
regarding EOI2906 Collingwood House Commercial Opportunities; and
3.
Directs the CEO to progress the adaption of
Collingwood House as a boutique venue for functions and cultural events in
accordance with the endorsed Heritage Properties Assets Strategy.
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COUNCIL DECISION
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Motion Moved:
Clr Hadchiti Seconded:
Clr Rhodes
That the recommendation be
adopted.
On
being put to the meeting the motion was declared CARRIED.
Councillors
voted unanimously for this motion.
ITEM NO: CORP 02
FILE NO: 275245.2019
SUBJECT: Bigge Park Cafes - Lot 702 DP 1056246, Bigge Street,
Liverpool
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RECOMMENDATION
That Council:
1.
Resolve
the objection to EOI WT2904 and WT2905 by confirming the veracity of the
public notification process that was recently conducted by staff, and
adopting the Council staff’s recommendation to proceed with the tender
process to offer the Bigge Park premises known as Courtside Cafe (WT2905) and
Pump House Café (WT2904) for café/restaurant use, on five year
tenures, with options for a further five years in each case;
2.
Direct
the CEO or her delegate to write to the relevant authorities and seek consent
from the Minister to finalise the tender processes accordingly;
3.
Direct
the CEO to report the outcomes of the process to Council upon completion; and
4.
Direct
the CEO to notify the objector of this resolution, and the actions of Council
in both progressing the tender, and seeking Ministerial approval.
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COUNCIL DECISION
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Motion Moved:
Clr Rhodes Seconded:
Clr Hagarty
That Council:
1.
Resolve the
objection to EOI WT2904 and WT2905 by confirming the veracity of the public
notification process that was recently conducted by staff, and adopting the
Council staff’s recommendation to proceed with the tender process to
offer the Bigge Park premises known as Courtside Cafe (WT2905) and Pump House
Café (WT2904) for café/restaurant use, on five year tenures, with
options for a further five years in each case;
2.
Direct the
CEO or her delegate to write to the relevant authorities and seek consent from
the Minister to finalise the tender processes accordingly;
3.
Direct the
CEO to report the outcomes of the process to Council upon completion;
4.
Direct the
CEO to notify the objector of this resolution, and the actions of Council in
both progressing the tender, and seeking Ministerial approval; and
5.
Receive a further report on the
matter once points 1 to 4 of this motion have been carried out.
On being put to the meeting
the motion was declared CARRIED.
ITEM NO: CORP 03
FILE NO: 276779.2019
SUBJECT: Investment Report October 2019
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RECOMMENDATION
That Council
receives and notes this report.
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COUNCIL DECISION
Motion Moved:
Clr Shelton Seconded:
Clr Balloot
That the recommendation be
adopted.
On being put to the meeting
the motion was declared CARRIED.
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Clr Hadchiti left the Chambers at 7:07pm.
ITEM NO: CORP 04
FILE NO: 277183.2019
SUBJECT: Budget
Review - September 2019
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RECOMMENDATION
That Council
approves the identified budget variations in accordance with this report.
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COUNCIL DECISION
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Motion Moved:
Clr Hagarty Seconded:
Clr Rhodes
That the recommendation be
adopted.
On
being put to the meeting the motion was declared CARRIED.
Clr Hadchiti returned to the Chambers at 7.09pm.
Clr Ayyad left the Chambers
at 7:09pm.
ITEM NO: CORP 05
FILE NO: 280208.2019
SUBJECT: Community Wealth Building
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RECOMMENDATION
That Council
endorse the proposed
amendments to Council’s Procurement Policy, included as Attachment 1 to
the report of staff, and authorise the CEO to adopt the policy.
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COUNCIL DECISION
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Motion Moved:
Clr Hagarty Seconded:
Clr Kaliyanda
That
the recommendation be adopted.
On
being put to the meeting the motion was declared CARRIED.
ITEM NO: CORP 06
FILE NO: 285434.2019
SUBJECT: Annual Financial Statements 2018/19
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RECOMMENDATION
That Council receives and adopts this report.
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COUNCIL DECISION
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Motion Moved:
Clr Shelton Seconded:
Clr Hadid
That the recommendation be
adopted.
On
being put to the meeting the motion was declared CARRIED.
Clr Ayyad returned to the Chambers at
7:14pm.
Committee
Reports
ITEM NO: CTTE 01
FILE NO: 265583.2019
SUBJECT: Minutes of the Tourism and CBD Committee meeting held
on 1 October 2019
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RECOMMENDATION
That Council:
1. Receive and note the Minutes of the Tourism and CBD Committee meeting held
on 1 October 2019.
2.
Endorse
the recommendations and actions in the Minutes.
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COUNCIL DECISION
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Motion: Moved:
Clr Shelton Seconded:
Clr Harle
That
the recommendation be adopted subject to the following changes to the minutes:
·
Item 4.1 South West Sydney Tourism
Taskforce (as shown on page 194 of the Agenda).
That
the text be changed where it states Clr Rhodes ‘requested’ to read ‘suggested’,
so that it reads:
4.1
South West Sydney Tourism
Taskforce
Clr
Rhodes suggested, that a member of the Committee propose the motion for a
member of the South West Sydney Tourism Taskforce be invited to present at a
future Committee meeting.
·
The minutes to reflect Clr Harle as
an apology; and
·
That the minutes to note that Clr
Rhodes submitted a declaration of interest as a member of the South West
Sydney Tourism Taskforce at that meeting.
On being put to the meeting
the motion was declared CARRIED.
ITEM NO: CTTE 02
FILE NO: 268760.2019
SUBJECT: Minutes of the Liverpool Youth Council Meeting held on
2 October 2019
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RECOMMENDATION
That Council receives and
notes the Minutes of the Liverpool
Youth Council Meeting held on 2 October 2019.
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COUNCIL DECISION
Motion Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be
adopted.
On being put to the meeting
the motion was declared CARRIED.
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ITEM NO: CTTE 03
FILE NO: 270710.2019
SUBJECT: Notes of the Meeting held on 8 August 2019 and Minutes
of the Liverpool Access Committee Meeting held on 10 October 2019.
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RECOMMENDATION
That Council receives and
notes the Notes of the meeting held on 8 August 2019 and the
Minutes of the Liverpool Access Committee meeting held on 10 October 2019.
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COUNCIL
DECISION
Motion Moved:
Clr Rhodes Seconded:
Clr Harle
That
the recommendation be adopted.
On
being put to the meeting the motion was declared CARRIED.
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ITEM NO: CTTE 04
FILE NO: 275506.2019
SUBJECT: Minutes of the Environment Advisory Committee held on
9 October 2019
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RECOMMENDATION
That Council:
1. Receives and notes the
Minutes of the Environment Advisory Committee meeting held on 9 October 2019.
2.
Endorses
the recommendations in the Minutes.
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COUNCIL DECISION
|
Motion Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be
adopted.
On being put to the meeting
the motion was declared CARRIED.
ITEM NO: CTTE 05
FILE NO: 277990.2019
SUBJECT: Minutes of the Strategic Panel Meeting 8 October 2019
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RECOMMENDATION
That Council receives and
notes the Minutes of the Strategic Panel Meeting held on 8 October 2019.
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COUNCIL DECISION
Motion Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be
adopted.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: CTTE 06
FILE NO: 279735.2019
SUBJECT: Minutes of the Civic Advisory Committee meetings held
on 2 September 2019 and 25 October 2019
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RECOMMENDATION
That Council:
1. Receives and notes the
Minutes of the Civic
Advisory Committee Meetings held on 2 September
2019 and 25 October 2019; and
2.
Endorse
the recommendations in the Minutes.
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COUNCIL DECISION
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Motion Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be
adopted.
On being put to the meeting
the motion was declared CARRIED.
ITEM NO: CTTE 07
FILE NO: 284868.2019
SUBJECT: Minutes of the Audit, Risk and Improvement Committee
Meeting held on 18 October 2019
|
RECOMMENDATION
That Council:
1. Receives and notes the
Minutes of the Audit, Risk and Improvement Committee Meeting held on 18
October 2019; and
2. Notes the Audit Risk and Improvement
Committee’s opinion in relation to Private Certifiers (item 5.4 of
minutes) in response to NOM 02 from the 31 July 2019 Council meeting.
|
|
COUNCIL DECISION
|
Motion Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was
declared CARRIED.
Questions
with Notice
ITEM NO: QWN 01
FILE NO: 271202.2019
SUBJECT: Question with Notice - Clr Hadchiti - Civic Place
|
Please address the following:
1. It
was my understanding that Council has an agreement in place with UOW, was
this the case given they have called for expressions of interest for
accommodation?
The
Memorandum of Understanding (MoU), signed in April 2016 with the University
of Wollongong (UoW), anticipated UoW space in the order of 5,000 sqm
contained within Liverpool Civic Place (LCP). This MoU was non-binding.
Subsequently,
the UoW brief expanded to the order of 40,000 sqm and LCP was then only ever
expected to accommodate part thereof. The balance of the UoW space was
expected to be in Liverpool, but not necessarily wholly contained within LCP.
Under the
revised agreement with the developer, LCP now includes the opportunity for
additional space, through the Built component, that could meet the entire
need within the one site. LCC and Built have now submitted a joint EOI,
offering to accommodate the entirety of UoW space requirements within LCP.
2. Prior to
Council approving the expenditure for Civic Place it is my understanding that
it was reviewed by the Audit Committee. Have they been advised that we
are risk of losing the rental?
LCP was
reviewed at the ARIC meeting, but discussions were around the procurement
process and Built’s involvement and subsequent appointment. ARIC was
satisfied with the processes Council undertook in this regard.
With respect
to the financial risks associated with LCP, these will form part of
Council’s risk register and risk reporting to Council’s Audit,
Risk and Improvement Committee (ARIC). These risks include rental and
tenancy risks, as well as risks related to possible capital unavailability,
possible budget/cost blowouts, and numerous other foreseeable risks.
Staff are
scheduled to update ARIC regularly during the delivery phase of LCP.
Staff note that the financial risk concerning UoW relates to the issue of
tenancy broadly, and that in the event UoW elect to progress their space
needs through other means, Council will take all possible steps to secure
alternative tenancies.
3. Did
Council receive any sign off from any other Government Department and if so
were they advised that UOW was only a maybe?
Council has
never represented that any potential tenancy within LCP was a
certainty. Future long term financial planning anticipates an income
stream from a tenancy within LCP, and staff see no need to discount this at
present. If future circumstances develop in an unfavourable manner,
then adjustments may become necessary. However, staff can only conduct
forward planning with the benefit of the information currently
available.
|
|
|
ITEM NO: QWN 02
FILE NO: 271209.2019
SUBJECT: Question
with Notice - Clr Hadchiti - Parking Meters
|
Please address the following:
Since
the introduction of parking meters:
1.
How much revenue has been
collected (just a number)?
|
Year
|
Northumberland Street
Carpark
|
Bathurst Street
Carpark
|
On-Street Meter
Revenue
|
TOTAL
|
|
2012
|
$0
|
$544,243
|
$0
|
$544,243
|
|
2013
|
$295,055
|
$292,323
|
$1,216,661
|
$1,804,039
|
|
2014
|
$353,704
|
$288,594
|
$1,037,252
|
$1,679,550
|
|
2015
|
$364,925
|
$297,155
|
$958,172
|
$1,620,252
|
|
2016
|
$407,486
|
$269,288
|
$971,561
|
$1,648,335
|
|
2017
|
$462,469
|
$307,263
|
$951,785
|
$1,721,517
|
|
2018
|
$556,945
|
$362,485
|
$1,055,873
|
$1,975,302
|
|
2019
|
$539,378
|
$336,911
|
$1,005,574
|
$1,881,863
|
|
Total
|
$2,979,962
|
$2,698,261
|
$7,196,877
|
$12,875,100
|
NOTE:
The
above figures represent gross revenue only and do not include any allowances
for maintenance or operating costs on meters or parking facilities.
2.
How many new car parking
spaces have been created in that time (just a number)?
These figures are the quantum of spaces
delivered by Council. This does not reflect those included in developments.
CITY CENTRE -
Car parks - 87
spaces
- On
street - 10
spaces
OUTSIDE CITY CENTRE - 130
spaces
PARKING SPACES REHABILITATED - 79
spaces
CAR PARK EXPANSION
Woodward Park
- 208
spaces (Estimated completion – December 2019)
NEW CAR PARK
CONSTRUCTION – Speed Street - 77
spaces
NEW CAR PARK CONSTRUCTION - Civic Centre - 300
spaces
(Due for completion late 2022 – early 2023)
3.
How much has been issued in
fines (just a number)?
Total number of fines issued:- 13,752
Total Value of fines issued:- $1,391.712.00
Total Value of fines paid:- $
968,424.39
NB:
the above figures relate only to fines issued for over stay or no ticket
display in a metered parking space.
In
relation to the new parking meters:
1.
What was the cost of the
introduction?
|
Parking
Meter Upgrades
|
Amount
|
|
Upgrade
to Pay by Plate (Paid)
|
$406,000
|
|
On
road automated process
|
$ 69,000
|
|
Total
Budget
|
$475,000
|
2.
Did the expenditure require
a tender process?
No, as Council had a contract with the existing
provider, and this item was managed as a variation to that contract.
3.
Who authorised the
expenditure?
The CEO, in order to avert a significant
and ongoing WHS safety risk.
|
|
ITEM
NO: QWN 03
FILE NO: 288469.2019
SUBJECT: Question with Notice - Clr Hadchiti - Warwick Farm
Precinct
Please address the following:
1.
Given that I am yet to receive a response,
is the CEO aware of any correspondence in relation to the Warwick Farm
precinct that went against the wishes of the elected body?
If so what has been done about
it?
Motion: Moved:
Clr Hadchiti Seconded:
Clr Shelton
That
this item be discussed in Closed Session later at the meeting under section
10A(2)(g) of the Local Government Act 1993 because it contains advice
concerning litigation, or advice that would otherwise be privileged from
production in legal proceedings on the ground of legal professional
privilege.
On being put
to the meeting the motion was declared CARRIED.
Note: This matter was dealt
with later in the meeting in Closed Session.
|
ITEM NO: QWN 04
FILE NO: 283265.2019
SUBJECT: Question with Notice - Clr Hagarty - Granny Flats
|
Background
Granny flats, as the name suggests, are often used as
housing for our older residents. Many older residents have limited financial
means and downsize to a granny flat in order to live within those means.
Council recently introduced a contributions plan for the
construction of granny flats. At present, there is no mechanism to enable
payment of these contributions via instalments.
Please address the following:
1. What legal or other impediments are there to allowing the
payment of contributions in instalments for those who can exhibit limited
financial means?
A response to this question will be provided in the 11
December Council meeting business papers.
|
|
|
ITEM NO: QWN 05
FILE NO: 283283.2019
SUBJECT: Question with Notice - Clr Hagarty - Edmondson Park
Commuter Car Park
|
Please address the following:
1.
Has a Development Application for the
construction of a multi-storey car park at Edmondson Park been lodged with
Council by the State Government?
2.
Are there any other delays or
impediments Council could cause to the timely completion of this project?
A
response to these questions will be provided in the 11 December 2019 Council
meeting business papers.
|
|
|
ITEM NO: QWN 06
FILE NO: 287041.2019
SUBJECT: Question
with Notice - Clr Hagarty - Feral Cats
|
Background
A vast majority of cat owners
are responsible, caring and compassionate. They ensure their pets are easily
identified through a collar or micro-chipping, are desexed and do not impose
a danger to other animals. Council also does it part by offering free
micro-chipping days and discounts for desexing.
Feral cats on the other hand
kill native wildlife, damage property, rummage through residents bins and
infect and attack domestic animals. They are a major problem no level of
government appears willing or able to solve.
According to Council staff,
feral cats fall under the responsibility of the Federal Department of the
Environment and Energy. According to correspondence from the Federal
Department of the Environment and Energy, the Australian Government is not
responsible for the management of feral animals. The State Government advises
Local Council enforces the relevant legislation, the Companion Animals Act
1998.
The Companion Animals Act 1998
states "any person may lawfully seize a cat if that action is reasonable
and necessary for the protection of any person or animal (other than vermin)
from injury or death". The Act is not entirely clear what can then be
done with the caged feral cat once it is captured.
Please
address the following:
1. Who is
responsible for feral cats?
2. What is
Council's current policy for dealing with feral cats?
3. What
legislative impediments currently exist that restrict residents and Council
in dealing with feral cats?
4. What
penalties exist for residents who feed and otherwise allow feral cats to
prosper?
5. What
potential changes to the law could be made to allow residents and Council to
better deal with feral cats?
6. Dogs
can be declared "declared" or "menacing", would treating
feral cats in a similar manner be useful?
A response
to these questions will be provided in the 11 December 2019 Council meeting
business papers.
|
|
|
ITEM NO: QWN 07
FILE NO: 288449.2019
SUBJECT: Question with Notice - Clr Kaliyanda - CBD Shopfront
Activation Project
|
Please
address the following:
1.
What is the current timeline of
the project?
2.
Which impacts has the project
had – both quantitative and qualitative?
3.
Is there capacity to continue
the project following the commencement of the Civic Place Project?
4.
If not, what options are
available to ensure that community benefits are not lost?
A
response to these questions will be provided in the 11 December 2019 Council
meeting business papers.
|
|
|
Clr Hadid left the Chambers at 7:21pm.
Presentations by Councillors
Clr Rhodes
made a presentation to Council as shown below:
I wish to
advise Council that at the WSROC Board meeting 14th November 2019 I
was re-elected as Treasurer to the WSROC Board.
I look
forward to continuing Council representation.
During my
time of council representation since 2016, I have never missed a meeting and
have lobbied for infrastructure in Western Sydney, paying particular attention
to South West Sydney with one of my passions being the need to link the cities
in west Sydney not only to each other but also to the new Airport.
I have successfully
managed to re-introduce the Leppington spur continuation to the new airport as
a WSROC lobbying priority to State and Federal Governments.
I continue
to support WSROC in lobbying for the Bankstown line to Liverpool.
New
Stations and rail / rapid transportation links and service infrastructure that
services and links the Western City in a similar way as the inner-city suburbs
of Sydney is infrastructure that is required not only to grow the area, but
also to create and provide access to much need job opportunities.
The new
stations and transportation infrastructure links would also alleviate the
parking congestion currently experienced at many of Liverpool train stations.
I have
participated in many of WSROC’s conferences and events advocating not
only in the best interest of Liverpool Council but for the Western City.
Director
Peter Patterson attended the last WSROC meeting representing the CEO, and at
the conclusion of the meeting one of his comments to me was “You are no
shrinking Violet, you had a lot to say.”
And I do!
I serve
and will continue to serve this Council and Liverpool passionately.
I thank
Council for giving me the opportunity to do so.
Clr Hadid returned to the Chambers at 7:23pm.
Notices of
Motion
ITEM NO: NOM 01
FILE NO: 284773.2019
SUBJECT: Speed Camera Warning Signs
Background
Earlier
this month, the State government confirmed it is considering removing signs
that warn drivers as they are approach fixed and mobile speed cameras. The
rationale for speed cameras, since their introduction, has been one of safety,
not revenue raising. Removing these signs will stop drivers slowing down and
therefore decrease safety.
Peter
Khoury, a spokesman for NRMA, said of the changes "We want people to
change their behaviour behind the wheel, not three weeks later when they get a
fine in the mail." Former Deputy NSW
Police Commissioner Nick Kaldas has labelled the move "one of the worst
decisions I've seen in traffic law enforcement for some time."
Liverpool
City Council has a long standing principle of first warning people and
businesses, before further punitive action in many areas of compliance, so too
should the State Government.
|
NOTICE OF
MOTION (submitted by Clr Hagarty)
That Council:
1. Direct the CEO to write to
the Minister of Transport expressing Council's opposition to the move; and
2.
In the
event the State Government does remove warning signs, erect similar warning
signs at all locations in the Liverpool LGA where fixed speed cameras are
present.
|
|
COUNCIL DECISION.
|
Motion: Moved:
Clr Hagarty Seconded:
Clr Kaliyanda
That the recommendation be
adopted.
Foreshadowed Motion: Moved:
Clr Harle Seconded:
Clr Rhodes
That Council:
1.
Direct the CEO to write to the Minister
of Transport expressing Council’s support with the removal of
camera warning signs which may increase the number of infringements being
issued that will impact financially on residents in the Liverpool LGA and
request if the signs are to be removed that:
i)
Light camera infringements be
restricted to demerit points only and carry no financial fines; and
ii)
Direct the CEO to write to State
Government, Local Government NSW, WSROC, SSROC and neighbouring Councils,
Liverpool State and Federal members requesting their support for this motion.
On
being put to the meeting the motion (moved by Clr Hagarty) was declared CARRIED
and the Foreshadowed Motion (moved by Clr Harle) therefore lapsed.
ITEM NO: NOM 02
FILE NO: 286820.2019
SUBJECT: WSROC Genx 100% Renewable Solar Power Purchase
Agreement Opportunity
Background
WSROC has negotiated a Power
Purchase Agreement with the Jemalong Solar 100% renewable energy project.
The project that is shovel ready
and is scheduled to be operational in 2020, represents a low risk for Councils interested
in reducing electricity costs.to Council through a 100% renewable energy
solution.
The minister for Local Government
has indicated strong support for this initiative.
The current cost to purchase
power is approximately $65 per MWh. The Genx Power Purchase Agreement would
offer a 2021 purchase price of approximately $48 and $50 MWH for participating
Councils who commit to the project.
Council’s
commitment to the Jemalong Solar Project would be subject to:
* The agreed 2021 price of
between $48 - $50 per MWh
^ The
offering not being affected by existing Council arrangements with energy
retailers or other PPA’s;
* WSROC
financial and legal management on behalf of participating Council’s
through appropriate agreed structures and arrangements; and
* There being no
legislative or regulatory obstacles to the execution of the PPA and mutually
agreeable contractual arrangements.
Inviting WSROC to present this
opportunity to Councillors for their consideration for Council’s
participation in a 100% renewable solar energy power provision in time to meet
the 16 December 2019 contractual deadline, for the agreed 2021 price of between
$48 and $50 per MWh, would present considerable savings for Council and support
Council’s sustainable liveable cities programs.
|
NOTICE OF
MOTION (submitted by Clr Rhodes)
That Council invite WSROC to present the
Power Purchase agreement currently being negotiated with Genx Power at a
special briefing meeting for Councillor consideration in time for the matter
to be considered at the December Council Meeting 2019.
|
|
|
|
COUNCIL DECISION
|
Motion: Moved:
Clr Rhodes Seconded:
Clr Harle
That Council:
1. Holds an internal briefing and also invites
WSROC to participate as a part of that briefing meeting either before, after
and/or during that briefing to present the Power Purchase Agreement they are
currently negotiating with Genx Power; and
2.
The briefing meeting be held in
time for the matter to possibly be considered at the December 2019 Council
meeting in order to meet the WSROC deadline for the offer.
On being put to the meeting the motion
was declared CARRIED.
NOTE: Following a briefing
from WSROC and a review of the proposal in question, staff offered an apology
to Clr Rhodes in relation to the CEO Comment relating to NOM 02. It is
not “legally impossible” to enter into the WSROC agreement, as the
WSROC proposal is an investment offer (rather than a power supply arrangement).
Clr Hagarty left the Chambers at 7:37pm.
Clr Rhodes left the Chambers
at 7:38pm.
Clr Hagarty returned to the
Chambers at 7:39pm.
Clr Balloot left the Chambers
at 7:39pm.
Confidential Items
ITEM NO: CONF 01
FILE NO: 275412.2019
SUBJECT: Fire and Rescue NSW Referrals
Motion: Moved:
Clr Hadchiti Seconded:
Clr Kaliyanda
That Council:
1.
Note the inspection
report by Fire and Rescue NSW, as shown in Attachment 1; and
2.
Exercise its power to
issue a Fire Safety Order as recommended by Council’s Fire Safety Officer
to address the identified fire safety deficiencies.
On being put to the meeting
the motion was declared CARRIED.
Clr
Rhodes returned to the Chambers at 7:39pm.
ITEM NO: CONF 02
FILE NO: 276880.2019
SUBJECT: Proposed Granting of an Easement to Drain Water over
Council's Public Reserve known as Discovery Park, 40 Atkinson Street, Liverpool
- Lot 77 DP 27242
Motion: Moved:
Clr Shelton Seconded:
Clr Ayyad
That Council:
1.
Approves entering into
a Deed of Agreement and grant of an easement to drain water into an existing
stormwater culvert located within Lot 77 in DP 27242, located at 40 Atkinson
Street, Liverpool on the terms outlined in this report;
2.
Keeps this
report confidential pursuant to the provisions of Section 10A(2)(c) of the Local
Government Act 1993 as this information would, if disclosed, confer a
commercial advantage on a person with whom Council is conducting (or proposes
to conduct) business;
3.
Approves
the transfer of the compensation amount into the General Property Reserve; and
4. Authorises its Delegated
Officer to execute any document, under Power of Attorney, necessary to give
effect to this decision.
On
being put to the meeting the motion was declared CARRIED.
Clr Harle
left the Chambers at 7:40pm.
Clr Balloot returned to the Chambers at 7:41pm.
ITEM NO: CONF 03
FILE NO: 279570.2019
SUBJECT: 2020 Australia Day Awards
Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
That Council:
1.
Endorse the recommended
award recipients as proposed in this report; and
2.
Keep the report and nominations
containing the recommended award recipients confidential, pursuant to the
provision of Section 10A(2)(a) of the Local Government Act 1993.
On
being put to the meeting the motion was declared CARRIED.
Mayor
Waller advised that Council would now move into Closed Session to deal with:
·
Item QWN 03 Question with
Notice - Clr Hadchiti - Warwick Farm Precinct under section 10A(2)(g) of the Local Government Act 1993 because it contains
advice concerning litigation, or advice that would otherwise be privileged from
production in legal proceedings on the ground of legal professional privilege.
·
Item CONF 04 Code of Conduct Final Investigation Report under
section 10A(2)(i) of the Local Government Act 1993 because it contains
alleged contraventions of any code of conduct requirements applicable under
section 440.
Clr
Harle returned the Chambers at 7:41pm.
RECESS
OF COUNCIL
Mayor
Waller called a recess of Council at 7.41pm to allow members of the gallery to
leave the Chambers.
The
meeting resumed at 7.48pm in Closed Session with all Councillors present.
CLOSED SESSION
ITEM NO: QWN 03
FILE NO: 288469.2019
SUBJECT: Question with Notice - Clr Hadchiti - Warwick Farm
Precinct
|
Please address the following:
1.
Given that I am yet to receive a response,
is the CEO aware of any correspondence in relation to the Warwick Farm
precinct that went against the wishes of the elected body?
If so what has been done about
it?
|
|
Response
Information
was provided to Councillors. It was noted that Clr Hadchiti is
satisfied to wait for the outcome of the processes and the question he asked.
|
|
|
ITEM NO: CONF 04
FILE NO: 284500.2019
SUBJECT: Code of Conduct Final Investigation Report
Mayor
Waller left the meeting at 8.14pm and Deputy Mayor Karnib assumed the Chair.
Clr
Hagarty left the meeting at 8.15pm.
Clr
Ayyad left the meeting at 8.15pm
Clr
Kaliyanda left the meeting at 8.16pm.
Clr
Ayyad returned to the meeting at 8.17pm.
Clr
Kaliyanda returned to the meeting at 8.18pm.
Clr
Rhodes left the meeting at 8.22pm
Clr
Shelton retired from the meeting at 8.25pm.
Motion: Moved:
Clr Ayyad Seconded:
Clr Harle
That
Council:
1.
Receive and note the report as the
conduct in the opinion of Council, does not warrant censure;
2.
Note that the strong preference of
Council is for Councillor Rhodes to apologise and that the Office of Local
Government be advised of the resolution; and
3.
Encourages and promotes respectful
behaviour as per Council’s Code of Conduct.
On
being put to the meeting the motion was declared CARRIED
OPEN SESSION
Council
moved back into Open Session at 8.50pm with the Mayor in the Chair, and all
Councillors except Councillors Karnib and Shelton present.
Mayor
Waller then read out the resolution from the Closed Session (as shown above).
THE MEETING CLOSED AT 8.53pm.
<Signature>
Name: Wendy
Waller
Title: Mayor
Date: 11 December
2019
I have authorised a stamp bearing my signature to be
affixed to the pages of the Minutes of the Council Meeting held on 20 November 2019. I confirm that
Council has adopted these Minutes as a true and accurate record of the meeting.