MINUTES OF THE Ordinary Meeting

HELD ON 13 December 2023

PRESENT:

Mayor Ned Mannoun

Councillor Ammoun

Councillor Goodman

Councillor Green

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib (online)

Councillor Macnaught (online)

Councillor Rhodes

Hon John Ajaka, Chief Executive Officer

Ms Tina Bono, Director Community & Lifestyle

Mr William Attard, Acting Director Planning & Compliance

Ms Michelle Mcilvenny, Director Customer & Business Performance

Mr Shayne Mallard, Director City Futures

Mr Luke Oste, Coordinator Strategic Planning

Mr Jason Breton, Director Operations

Mr David Galpin, General Counsel, Manager Governance, Legal and Procurement

Mr Vishwa Nadan, Acting Director Corporate Support  

Ms Susan Ranieri, Coordinator Council & Executive Services

Ms Melissa Wray, Committees Officer

The meeting commenced at 2.05pm.

tment

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	The prayer of the Council was read by Pastor Stephen Reddish from New Life Ministries.
NATIONAL ANTHEM	The National Anthem was played at the meeting.
COUNCILLORS ATTENDING REMOTELY Deputy Mayor Macnaught and Councillor Karnib have requested permission to attend this meeting via MS Teams. Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Rhodes That Deputy Mayor Macnaught and Councillor Karnib be granted permission to attend the meeting via MS Teams. On being put to the meeting the motion was declared CARRIED. sion to attend this meeting via MS Teams.

APOLOGIES

Nil.

CONDOLENCES

ITEM NO:	COND 01
SUBJECT:	Salim 'Sam' Habib
It is with great sadness that I offer my deepest condolences to the family of Salim ‘Sam’ Habib. Sam’s journey was not just a testament to longevity, but a story of resilience, hard work, and unwavering commitment to his family. Sam's life was a story of triumph against the odds. He was a devoted and loving person who lived for his family. He was always there for his parents and siblings. He stayed in Blouza Lebanon until he was 21 to help his mum with the younger children and came to Australia in 1959. Sam arrived in Australia with nothing but the money in his pocket and determination in his heart. Sam worked extremely hard, from working in the family store during the day to the steel factory of an evening.  He then moved into construction with his brother Herb, qualified for a builder’s licence going on to build apartment blocks. Sam met the love of his life Christine, and they were married in 1967.  Together they moved to Austral in the early 70’s.  A short time later Sam’s younger brother Harry moved in with them and they started working on cars in the shed.  This was the beginning of what is known today as Habib Bros Truck & Car Smash Repairs in Austral. Sam built this business from the ground up starting with one small shed and expanding it to become one of the most reputable smash repairs in the state, working with the likes of Fox Trucks and Channel 7. The addition of Carl and Joe to the team solidified Habib Bros as a family endeavour. Habib Bros Truck & Car Smash Repairs forms part of the landscape in Austral and till today is still well known and respected. Sam was not just a businessman, he was a gentleman, a great host and a generous soul.  He was always the life of the party and liked a good time, with some of his famous phrases being ‘Be Happy’ or ‘Sing a Song’. He was a loyal husband of 54 years, a loving father to Charlie, Sam, Christina, Camilla and the best grandfather to his many grand children. Sam was bid farewell at St Anthonys Austral on Friday the 2^nd of December his legacy is not just in the success of his achievements, but in the values he instilled in so many around him. A man of few words but with profound action, a beacon of hard work, and a role model to many. May He Rest in Eternal Peace. One minute silence was then observed for Mr Habib.

Confirmation of Minutes

Motion:                                  Moved: Clr Green                 Seconded: Clr Ammoun

That the minutes of the Ordinary Meeting held on 22 November 2023 be confirmed as a true record of that meeting subject to the following amendment to be made.

Item:           MOU 01

Subject:     Conflict in the Middle East.

The vote was recorded as unanimous. Clr Harle stated that he did not agree with all the wording and therefore requests the removal of the following:

“Councillors voted unanimously for the motion”

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:

Item:          COM 01 - Grants Donations and Community Sponsorship Report.

Reason: Clr Hagarty has had dealings, in his capacity as a Member of Parliament, with       some of the organisations listed in the report.

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

Mayor Mannoun declared a non-pecuniary, less than significant interest in the following items:

Item:          PLAN 01 - Planning Proposal to amend the Liverpool Local Environmental Plan    at Lot 3 of 146 Newbridge Road Moorebank - Georges Cove Marina.

Item:          PLAN 02 - Planning Proposal to amend the Liverpool Local Environmental Plan    2008 at Lot 2 Newbridge Road Moorebank.

Reason:     Mayor Mannoun has indicated a strong position in support of both of  these projects in the past and there is a potential to be perceived as bias towards     them. 

Mayor Mannoun left the Chambers for the duration of the items.

The Hon. John Ajaka CEO declared a non-pecuniary, but significant interest in the following items:

Item:           PLAN 01 - Planning Proposal to amend the Liverpool Local Environmental Plan             at Lot 3 of 146 Newbridge Road Moorebank - Georges Cove Marina.

Item:           PLAN 02 - Planning Proposal to amend the Liverpool Local Environmental Plan             2008 at Lot 2 Newbridge Road Moorebank.

Reason:     He has provided advice previously to the adjoining owner prior to becoming                    CEO of this Council. 

The Hon. John Ajaka left the Chambers for the duration of the items.

Public Forum

Presentation – items not on agenda

1. Ms Pamela Rodoreda addressed Council on the following item:

Planning Proposal – 93-145 Hoxton Park Road.

Motion:                                  Moved: Mayor Mannoun

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

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

Representation – items on agenda

1.       Mr Robert Megarrity addressed Council on the following item:

       NOM 03 - Harris Creek Bridge.

Motion:                                  Moved: Mayor Mannoun

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

On being put to the meeting the motion was declared CARRIED

Clr Hagarty then requested permission to address Council to make a statement.

Councillor Hagarty stated it has been an honour to serve on Liverpool City Council for the last 7 years.

To date he has successfully served the community as a Councillor and a Member for Leppington. However, recently he has been appointed as Government Whip and due to these additional commitments and responsibilities he will be unable to continue as a Councillor for Liverpool. He therefore has made the tough decision to resign as a Councillor.

Clr Hagarty stated that with 9 months until the next Local Government election, it is his strong expectation that Liverpool Council follows the lead of all other councils across NSW and leave the position vacant for the remainder of the term as a by-election would be an inconvenience and too expensive for ratepayers.

Clr Hagarty stated that local government works best when we pursue the interest of the local community above all else.

Clr Hagarty wishes to thank the hardworking staff, both past and present and his fellow Councillors for their contributions over the years and that It has been a pleasure to work and serve the community alongside them.  

Clr Hagarty presented his resignation letter and advised his last day will be 5.00pm Friday 15^th December 2023.

Mayor Mannoun, Deputy Mayor Macnaught and some Councillors then made statements congratulating Councillor Hagarty and wishing him well.

MOTION OF URGENCY

Clr Green requested the Mayor consider a motion of urgency in relation to Independent Third Party Advice into the Legal Status of the Project Control Committee

In accordance with Clause 9.3 of Council’s Code of Meeting Practice, Mayor Mannoun accepted the motion as urgent and as such it was dealt with as shown below:

Item:          MOU 01

Subject:     Project Control Committee

The Project Control Advisory Committee was established: “to provide oversight and guidance on the design, planning, and execution of all Council infrastructure projects funded by 7.11 Developer Contributions. The committee's primary focus is to ensure that these funds are utilised effectively and efficiently, delivering high-quality infrastructure that meets the needs of our growing community.”

It is imperative that independent legal advice be sought to determine and clarify a number of factors to address any possibility that the Project Control Committee could be considered as operational in nature, context, and status and further, to address any potential serious risk to Councillor involvement in operational decision-making, particularly those decisions linked to s7.11 Develop Contributions.

The next scheduled Council meeting will not occur until February 2024. Therefore legal advice is urgently required prior to any further meeting or convening of the Project Control Committee.

RECOMMENDATION

That Council direct the CEO:

1. To seek independent legal advice to determine the legality and legitimacy of the Project Committee in its Charter, purpose, function, and operation;

2. Provided advice to determine the consistency of the Project Control Committee with the Local Government Act 1993 in terms of Councillor role, responsibilities, and functions; and

3. The advice to address the issue of risk of public perception of Councillor Conflict of Interest in Councillors being actively involved in the overseeing, monitoring and/or allocation in determining any said project or subsequent allocation of s7.11 developer contribution funds.

COUNCIL DECISION

Motion:                                  Moved: Clr Green                 Seconded: Clr Kaliyanda

That Council direct the CEO:

1. To seek legal advice from General Counsel to determine the legality and legitimacy of the Project Committee in its Charter, purpose, function, and operation;

2. Provided advice to determine the consistency of the Project Control Committee with the Local Government Act 1993 in terms of Councillor role, responsibilities, and functions; and

3. The advice to address the issue of risk of public perception of Councillor Conflict of Interest in Councillors being actively involved in the overseeing, monitoring and/or allocation in determining any said project or subsequent allocation of s7.11 developer contribution funds

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

Councillors voted unanimously for this motion.

Mayoral minuteS

ITEM NO:       MAYOR 01 – Planning, Housing and Urban Development

FILE NO:        413503.2023

REPORT OF: Mayor Ned Mannoun

SUBJECT:     Planning, Housing and Urban Development

Today, we stand at a critical juncture in the development of our community, particularly in South West Sydney. We're confronted with a myriad of challenges, including housing. The essence of the Australian dream, the aspiration for homeownership, is fading. We risk conveying to our future generations that owning a home is an unattainable dream.

The Minister for Planning recently wrote to Councils, requesting a review of local policy settings in the interests of increasing housing supply. This involved the identification of well-located areas where terraces, small unit blocks or well-designed mid-rise apartments can be permitted.

Research shows that there is an unmet demand for additional small apartment and low-rise multi-dwelling housing options as well as purpose-built rental and affordable housing.

The Minister noted that terraces, townhouses and 2 storey residential flat buildings (i.e manor houses) are only permitted in the R2 low density residential zone in 2 of 35 LEPs in Greater Sydney. This is despite 77 per cent of residential land being zoned R2. Furthermore, residential flat buildings (RFBs) are only permitted in the R3 medium density zone in 47% of LEPs.

The Liverpool LGA has a unique housing and development context in comparison to the broader Greater Sydney region. For example, whilst 77% of residential zones in Local Environmental Plans across Greater Sydney are zoned R2 Low Density Residential, this low density zone only comprises 51% of residential land under the Liverpool Local Environmental Plan 2008 (LLEP 2008). Additionally, the LLEP 2008 contains extensive R3 Medium Density land (23% of residential land, compared to 13% for Greater Sydney) and R4 High Density land (double the 3% average for Greater Sydney). 

In Liverpool we face a pressing reality: 20,000 individuals are migrating to South West Sydney annually. This influx underscores the urgency of our situation, prompting us to not just address but solve these issues in a meaningful and sustainable manner. Liverpool continues to lead in approvals for dwellings, with 1,992 approvals in 2022-23, being the third highest Council in Greater Sydney and the highest in the Western Parkland City.

This is a direct result of the generous planning controls that already contain significant capacity for future housing, despite our LGA having very limited access to public transport in comparison to Central and Eastern parts of Greater Sydney.

In Liverpool we are happy to continue doing the ‘heavy lifting’ when it comes to growth and housing in Greater Sydney - but our LGA urgently needs infrastructure improvements to improve livability for existing residents in order to further unlock our development potential.

This includes funding for:

·    The Fifteenth Avenue Fast Corridor, linking the Liverpool City Centre with the suburbs, growth areas, and ultimately the future Bradfield City;

·    The South West Rail Link extension connecting Leppington Station and the Aerotropolis; and

·    The Hume Highway / Brickmakers Drive bypass, helping to re-direct some of the most severe traffic congestion around Liverpool rather than through it.

To tackle these issues, we must bridge the gap between all levels of governmental, the private sector and our community.

RECOMMENDATION

That Council receive and note the letter from the Minister for Planning and Public Spaces, the Hon. Paul Scully to the Mayor and write back to the Minister advising Council’s position on the proposed changes

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun      

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

m n Mayor 02 – Community Forum

ITEM NO: MAYOR 02 – Planning, Housing and Urban Development

SUBJECT:     Community Forum

REPORT OF: Mayor Ned Mannoun

Over the course of the last two months, Council has conducted a series of community forums. These forums have been about sitting with the community and listening to their concerns, ideas, and suggestions. Be on the ground and understanding their perspectives and experiences is crucial for effective governance and decision-making.

The significance of these forums lies in their role as a platform for residents to express their thoughts directly to the Council. It’s essential that this listening translates into action. Council is committed to not only hearing but also acting upon the feedback received, ensuring that the community's concerns shape policies and initiatives.

Moving forward, we will continue to value and integrate the insights gained from these forums, working collaboratively to bring about positive change that truly reflects the needs and aspirations of our community.

Green Valley – Ashcroft, Busby, Green Valley, Heckenberg, Hinchinbrook, Sadleir - 30/10/23

Issues raised:

· Gabo Road Sadleir off Bobbin Road and Spica Street, potholes on street. Jenny showed me a photo of some which were fixed but she wasn’t happy with it as the asphalt (or whatever they use for the road) was not smooth it looked like it overflowed from the pothole.

· Celebration Road back of shops, is privately owned but there is graffiti. Also toilets blocks that go in and out of Sadleir Public School have graffiti and damage to toilet blocks. Can these be cleaned and fixed?

· Request from Kerry-ann for a hand rail at Michael Wendon pool – 50m outdoor as you go into it. Kerry-ann felt it was unsafe without the hand rail.

· Strickland crescent speeding – can it be referred to the traffic committee for consideration.

· No lights at Gard Park (off Maxwells Avenue) Ashcroft.  Would also like an outdoor gym at this park.

· Roundabout South Liverpool Road (could be North Liverpool Road as well) and Whitfield Road, grass too long, impairs vision.

· Mannix Park basin, can Council consider funding (next year) for the basin as the flooding is causing problems to resident’s house and has already spent thousands of dollars repairing her house.

Austral (done) - 2/11/23

Issues raised:

Safety and community facilities 

· Public safety (follow up more info)

· No Playground/parks for children to play

· Long term plans for relocation of Austral Soccer Club from Scott Memorial Park as well as short term maintenance/upgrade requirements

· No playgrounds around 18th Ave & Absolutely no outdoor facilities for young families with children

· Fifteenth Avenue, no playground equipment for children, no local special needs school

· Better facilities at Craik Park 

Traffic

· no stopping sign on the corner of Edmondson avenue & 11th avenue (opposite physiotherapy) Drivers are parking too close to the kerb.

· 15th Ave is a nightmare. Please fix it. Commute from Austral to Carnes Hill takes 40mins

· Speed bumps along fifteenth avenue

· Fifteenth Avenue needs to be wider. There are huge traffic delays every morning 

· Unfinished kerbs along 28th Ave, limited parking due to single garage homes.

· dumped rubbish along 28th Avenue to be collected

Footpaths

· Footpath around Craik Park and Skate Park at Craik Park

· footpath request between Leppington Station & 11th Avenue

· No footpath from 6th avenue to Bringelly road on Kelly St 

· Mow grass along 28^th avenue 

Edmondson park - 14/11/23

Key issues raised:

· Parks and community placemaking urgently wanted

· Traffic and pedestrian safety and amenity and slowing down cars

· Illegal dumping causing fire and hygiene risks

· Frustration with not getting any response or resolution to issues from council

· Desire to see the 5 and 10 year plans for the area – what public spaces are planned

· Public toilets – accessible are needed

· Residents want to see resolutions to ongoing issues and expect to meet again in the new year

· disappointment that we were not better prepared to show the community current plans for the area

Middleton Grange - 15/11/23

Key issues 

· Town Centre and zoning, density and allocation to social housing 

· Question about ratio of residents to roads

· Community facilities much awaited 

· Traffic issues and transport infrastructure urgently needed 

· More police patrols needed in the area for traffic, pedestrian safety 

· A number of people didn’t receive the flyers for the event – the majority saw it on the Mayor’s Facebook.

· Southern Cross Drive renaming – concerns about lack of consultation about this – impact on houses being located for ambulance 

Voyager Point and Pleasure Point - 20/11/23

The key issues raised include traffic and roads, parks, footpaths and trees; waste; transport and amenity; planning; and communities.

Residents expressed a desire for more:

· pedestrian amenity and safety; 

· maintenance of trees and parks and habitat

· collection and management of waste and illegal dumping 

· DA’s and planned zoning in Voyager Point 

· Transport including bus, community and ferry

· Events and community facilities 

RECOMMENDATION:

That Council brings a report back to the February meeting with an update on actions taken on the issues raised at the Community Forums.

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun    

That the recommendation be adopted.

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

Mayor Mannoun and Mr John Ajaka, CEO left the Chambers at 3.01pm.

Clr Macnaught, as the Deputy Mayor, then assumed the Chair.

Planning & Compliance Reports

ITEM NO:       PLAN 01

FILE NO:        362765.2023

SUBJECT:     Planning Proposal to amend the Liverpool Local Environmental Plan at Lot 3 of 146 Newbridge Road Moorebank - Georges Cove Marina

COUNCIL DECISION

Motion:                                  Moved:  Clr Rhodes            Seconded: Clr Harle

That Council:

1.   Endorses in principle the planning proposal request to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 (LLEP) to permit residential accommodation within a key site map area, limit the maximum number of apartments to 319, limit the maximum commercial gross floor area for the site to 1,500m² and to amend development standards within the key site area only as follows:

a.   Increase the floor space ratio from 0.25:1 to 0.4:1; and

b.   Increase the maximum height of building from 21 meters to 35 meters.

2.   Delegates to the CEO authority to prepare the formal planning proposal including any typographical or other minor editing amendments if required;

3.   Forwards the planning proposal to the Department of Planning and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination with a request that the Gateway determination be conditioned requiring a site specific Development Control Plan (DCP) and draft Voluntary Planning Agreement (VPA) to be prepared prior to public exhibition;

4.   Subject to Gateway determination, undertake community consultation for the planning proposal, site-specific DCP and draft VPA in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022;

5.   As part of the community consultation period, present the site-specific Development Control Plan to the Design Excellence Panel (DEP), in accordance with clause 15 of Environmental Planning and Assessment Regulations 2021;

6.   Receives a further report on the outcomes of public exhibition and community consultation.

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

Vote for:           Clr Ammoun, Clr Goodman, Clr Green, Clr Karnib, Clr Harle, Clr Macnaught, Clr Rhodes and Clr Hadid.

Vote against:   Clr Hagarty and Clr Kaliyanda.

Mayor Mannoun was not in the Chambers when this item was voted on.

ITEM NO:       PLAN 02

FILE NO:        404550.2023

SUBJECT:     Planning Proposal to amend the Liverpool Local Environmental Plan 2008 at Lot 2 Newbridge Road Moorebank

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Ammoun

That Council:

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

2.   Endorses in principle the planning proposal to rezone the site from C2 Environmental Conservation to C2 Environmental Conservation, E4 General Industrial and RE1 Public Recreation, introduce a 20m Height of Building for the proposed E4 General Industrial part of the site and introduce a nil Floor Space Ratio for the proposed E4 General Industrial and RE1 Public Recreation zoning parts of the site.

3.   Delegates to the CEO authority to prepare the formal planning proposal including any typographical or other editing amendments if required.

4.   Forwards the planning proposal to the Department of Planning and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination with a request that the Gateway determination be conditioned requiring a site specific Development Control Plan (DCP) to be prepared and Voluntary Planning Agreement negotiated prior to public exhibition.

5.   Subject to Gateway determination, undertake community consultation for the planning proposal in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan 2022.

6.   Receives a further report on the outcomes of public exhibition and community consultation.

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

Councillors voted unanimously for the motion.

Mayor Mannoun was not in the Chambers when this item was voted on.

Mayor Mannoun and Mr John Ajaka CEO, returned to the Chambers at 3.04pm. Mayor Mannoun resumed as Chairperson.

Clr Hadid left the Chambers at 3.04pm.

ITEM NO:       PLAN 03

FILE NO:        306900.2023

SUBJECT:     Development Assessment Policy

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Ammoun

That Council:

1. Adopts the Development Assessment Best Practice Guide March 2017; and

2. Format it into a Policy and bring it back to Council for approval before putting it out on Council exhibition.

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

Clr Hadid returned to the Chambers at 3.08pm.

Clr Harle left the Chambers at 3.26pm.

ITEM NO:       PLAN 04

FILE NO:        377658.2023

SUBJECT:     Draft Regional Affordable Housing Contribution Scheme

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Rhodes

That:

1. Council notes this report and the draft Western Sydney Regional Affordable Housing Contribution Scheme prepared through the Western Sydney Planning Partnership;

2. Council defer the draft Western Sydney Regional Affordable Housing Contribution Scheme and associated attachments to a workshop so Councillors can consider the scheme in detail;

3. Clr Rhodes and Deputy Mayor Macnaught send their questions with notice to Council staff and they are to be answered before the workshop.

4. Mayor Mannoun’s question on “what the quantifiable definition of affordable housing is? What dollar figure constitutes affordable housing” also be answered before the workshop.

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

Clr Harle left the Chambers at 3.17pm.

ITEM NO:       PLAN 05

FILE NO:        402229.2023

SUBJECT:     Post exhibition report- Renaming street sections Southern Cross Avenue/Seventeenth Avenue East and Hall Circuit, Middleton Grange

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hagarty 

That Council:

1. Defer this item to the end of February 2024 Council meeting; and

2. Direct the CEO for Council officers to conduct door knocks on homes affected, informing them of the need to change the name for essential services.

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

Community & Lifestyle Reports

ITEM NO:       COM 01

FILE NO:        387420.2023

SUBJECT:     Grants Donations and Community Sponsorship Report

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Green

That Council:

1. Endorses the funding recommendation of $5,000 (GST exclusive) under the Community Grant Program for the following project:

Applicant	Project	Recommended
Road Safety Education Limited	RYDA Road Safety Education for Vulnerable, High Risk Young Liverpool Drivers	$5,000

2. Endorses the funding recommendation of $20,000 (GST exclusive) under the Sustainable Environment Grant Program for the following projects:

Applicant	Project	Recommended
Sabean Mandaean Association of Australia	Sustainable Community Empowerment Initiative	$5,000
Holy Spirit Catholic Primary School Carnes Hill	Living in Harmony with our Environment at Holy Spirit: Cultivating a Thriving Vegetable Garden	$5,000
Thomas Hassall Anglican College	Waste Reduction	$5,000
Prestons Public School	School Community Garden	$5,000

3. Endorses the funding recommendation of $15,000 (GST exclusive) under the Matching Grant Program for the following project:

Applicant	Project	Recommended
Search Dogs Sydney Incorporated	External Learning Facilities	$15,000

4. Endorses the funding recommendation of $10,000 (GST exclusive) under Community Sponsorship Program for the following project:

Applicant	Project	Recommended
Red Bull	Red Bull Half Court Competition	$10,000

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

Clr Harle returned to the Chambers at 3.27pm.

ITEM NO:       COM 02

FILE NO:        405316.2023

SUBJECT:     Council Meeting Dates - January to December 2024

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded:

That Council:

1.    Confirms the Council meeting time as 2.00pm and Council meeting dates for the 2024 calendar year as follows:

·   7 February 2024

·   28 February 2024

·   27 March 2024

·   24 April 2024

·   29 May 2024

·   26 June 2024

·   24 July 2024

·   28 August 2024

·   16 October 2024

·   20 November 2024

·   10 December 2024

2.    Confirms the Governance Committee meeting time as 10am, and meeting dates for the 2024 calendar year as follows:

·   13 February 2024

·   12 March 2024

·   9 April 2024

·   14 May 2024

·   11 June 2024

·   9 July 2024

·   13 August 2024

·   8 October 2024

·   12 November 2024

3.    Advertises the Council meeting dates and commencing times of Council meetings for the 2024 calendar year.

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

Corporate Support Reports

ITEM NO:       CORP 01

FILE NO:        404948.2023

SUBJECT:     Investment Report November 2023

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

That Council receive and note this report.

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

City Futures Reports

ITEM NO:       CFD 01

FILE NO:        385973.2023

SUBJECT:     Review of the City Development Fund Policy

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Rhodes

That Council:

1. Notes this report;

2. Endorse the updated City Development Fund Policy for 28-day public exhibition; and

3. Include street lights and CCTV cameras.

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

Committee Reports

ITEM NO:       CTTE 01

FILE NO:        381664.2023

SUBJECT:     Minutes of the Liverpool Local Traffic meeting held on 8 November 2023

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Hadid

That Council adopts the following Committee recommendations:

Item 1 -    North Liverpool Road and Wilson Road Intersection, Green Valley – Proposed Intersection Modification

Approves installation of raised threshold across North Liverpool Road and Wilson Road approaches to the roundabout including reconstruction of splitter islands and associated signs and line markings, as shown in the Attachment Booklet.

Item 2 –   South Liverpool Road and St Johns Road, Busby - Modification to the existing roundabout

Approves modifications to the existing roundabout at South Liverpool Road and St Johns Road, Busby, as shown in the Attachment Booklet.

Item 3 –   South Liverpool Road and Whitford Road Intersection, Green Valley – Proposed Intersection Modification

Approves installation of raised thresholds across all the approaches, at the South Liverpool Road and Whitford Road intersection, reconstruction of the splitter islands to provide gaps and associated signs and line marking, as shown in the Attachment Booklet.

Item 4 –   Cartwright Avenue, Heckenberg Avenue and Busby Road, Miller – Roundabout Modification

Approves reconstruction of the splitter islands at the Cartwright Avenue and Busby Road roundabout and Cartwright Avenue and Heckenberg Avenue roundabout along with associated signs and line markings, as shown in the Attachment Booklet.

Item 5 –   General Boulevard, Edmondson Park – Proposed Raised Pedestrian Crossing

Approves installation of the proposed raised pedestrian crossing and associated signs and line markings in General Boulevard between Macdonald Road and Soldiers Parade intersections, as shown in the Attachment Booklet.

Item 6 -    Kingsford Smith Avenue Intersections with Fifteenth Avenue and Flynn Avenue, Middleton Grange – Proposed Intersection Improvements

Approves installation of two asphaltic speed humps across the Second Avenue and Kingsford Smith Avenue approaches to the Fifteenth Avenue / Kingsford Smith Avenue / Second Avenue roundabout as shown in the Attachment Booklet.

Approves installation of two asphaltic speed humps and concrete median islands across the  Kingsford Smith Avenue approaches to the Flynn Avenue/ Kingsford Smith Avenue roundabout as shown in the Attachment Booklet.

Item 7 –   Edmondson Avenue, Austral - Special Community Event, 2023 Eucharistic Procession

Note that the event was classified as a Class 2 Special Event with all associated conditions and held on Saturday 25 November 2023, from 4pm to 8 pm, the Police and TfNSW endorsement of the required Special Event Traffic Management Plan.

Item 8 –   Sadlier Avenue, Heckenberg - Options to Address Recent Crash along Sadlier Avenue – Proposed Traffic Control measures

·        Approves installation of two asphaltic speed humps outside House No. 33 /118 and 82/83 as well as installation of an advisory crest sign shown in the Attachment Booklet

·        Approves replacement of the Give-Way priority intersection at the Sadlier Avenue/ Jagungal Place with “Stop” sign.

Item 9 – Committee Meetings dates for 2024

Notes the following endorsed meeting dates and be included in Council’s corporate calendar.

Meeting Number	Date
1	Wednesday 31 January 2024
2	Wednesday 20 March 2024
3	Wednesday 15 May 2024
4	Wednesday 17 July 2024
5	Wednesday 18 September 2024
6	Wednesday 06 November 2024

Item 10 – Items Approved Under Delegated Authority

Notes the traffic facilities approved under delegated authority in the period between October 2023 and November 2023.

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

ITEM NO:       CTTE 02

FILE NO:        395258.2023

SUBJECT:     Minutes of the Tourism and CBD Committee held 31 October 2023

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                 Seconded: Clr Hadid

That Council:

1. Receives and notes the Minutes of the Tourism and CBD Committee Meeting held on 31 October 2023.

2. Endorse the recommendations in the Minutes.

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

Questions with Notice

ITEM NO:       QWN 01

FILE NO:        410285.2023

SUBJECT:     Question with Notice - Clr Goodman - Library Books

Please address the following:

1. Do any of Liverpool City Council Libraries hold any books by the controversial Japanese author named Ken Akamatsu?

2. If so which books, where are they held and which section of the Libraries?

Response (provided by Community & Lifestyle Directorate)

Liverpool City Library Service does not hold any books by author Ken Akamatsu.

Library operations follow the Library Council of NSW guidelines for NSW public libraries under section 10(5) of the Library Act 1939

Library Council Guidelines (nsw.gov.au)

These guidelines include access to information in NSW public libraries.

The selection of material for the library collection considers the interests of everyone in the community, aiming to provide diverse viewpoints and materials. 

Liverpool City Council adhere to the restrictions of the Australian classification board, who is responsible for determining when materials are unsuitable for certain audiences.

Presentations by Councillors

Nil.

Notices of Motion

ITEM NO:       NOM 01

FILE NO:        409675.2023

SUBJECT:     Repair and Upgrade of War Memorial Bigge Park

Background

The recent vandalism of the War Memorial in Bigge Park prior to the Remembrance Day commemorations raises issues concerning adequate security and lighting of an area that is critically important to the community, serving and returned defence force personnel and their families in honouring and paying our respect to those who served and have paid the ultimate sacrifice.

NOTICE OF MOTION (Submitted by Clr Green)

That Council:

1.   Notes the profound disappointment and sadness at the recent vandalism and desecration of the war memorials located at Bigge Park.

2.   Directs the necessary funding and resources to repair and replace the memorials as soon as is practical.

3.   Work with the City of Liverpool RSL sub-Branch to seek funding through the Round 2 of NSW Government’s Community War Memorials Fund to fund the repairs and necessary upgrades to improve security and lighting of the area.

COUNCIL DECISION

Motion:                                  Moved: Clr Green                Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

ITEM NO:       NOM 02

FILE NO:        410279.2023

SUBJECT:     Traffic mitigation due to school pick-up and drop-off at Nuwarra Public School

Background

At the forum recently held at the Wattle Grove Community Hall on 27 November, the issue of deteriorating safety experienced on many of our Liverpool Local Streets that are too narrow for any practical purpose and are in fact a danger to our communities who are forced to use them.

As reported at the forum the danger to constituents particularly around our schools at drop off and pick up times can no longer be ignored.

I have previously raised this issue in the Traffic Committee and it was previously agreed that the Traffic Committee should look at our narrow streets that service as the drop-off and pickup zones around schools with the view to consider if one way vehicular movements would improve safety on the narrow streets.

The Traffic Committee having agreed that they could investigate the use of one-way streets to mitigate safety issues asked that people identify specific areas to be investigated. At the Wattle Grove Forum on the 27^th November it was clearly identified that McKay and Lucus Avenues, Moorebank should be considered by Council for possible one way street mitigation.

Constituents spoke of their fear that Narrow streets exasperated by vehicles trying to find parking and the two way traffic movements on McKay Avenue needs urgent attention. The Narrow streets sometimes leaves no alternative but to break road rules and the frustration of not having the adequate fit for purpose road infrastructure in place results in Lives being put at risk.

Council cannot be present at every school in the Liverpool LGA at the same time, the police do not have the numbers to be present at every school throughout the LGA every day at the same time.

School principals can only advise and encourage people to abide by the road rules, but clearly the danger persists.

Council has written to the Department of Education and State Ministers requesting for all new and where possible in existing public schools that the pick-up and drop-off areas required by each school should be included in the confines of the individual School properties.

In other words schools should not be using our public roads for the schools requirements and for the schools use.

At the Wattle Grove Forum it was clearly identified by another of residents, that the traffic issues caused by the Nuwarra Public School Pick up and Drop Off identified the surrounding local roads being McKay Ave and Lucas Avenue could be improved by the implementation of one way traffic.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council refers this matter to the Traffic Committee for consideration for one way vehicular access to McKay/Lucas Avenues and other streets thought necessary by Council that might mitigate the dangerous conflict caused by narrow streets, vehicles and pick-up and drop areas for schools that use our local streets.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadid

That the recommendation be adopted.

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

ITEM NO:       NOM 03

FILE NO:        410284.2023

SUBJECT:     Harris Creek Bridge

NOTICE OF MOTION (Submitted by Clr Kaliyanda)

That Council:

1.   Name Harris Creek Bridge in honour of the former member for Menai and Liverpool Councillor Alison Megarrity; and

2.   Include a name plate to reflect this.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda         Seconded: Clr Green

That Council:

1. Name the new bridge to be built over Harris Creek in honour of the former member for Menai and Liverpool Councillor Alison Megarrity; and

2.   Include a name plate to reflect this.

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

Councillors voted unanimously for this motion.

RECESS:

Mayor Mannoun called a recess of meeting at  3.51pm.

RESUMPTION OF MEETING

The meeting resumed in open session at 4.22pm with all Councillors present.

Confidential Items

ITEM NO:       CONF 01 – book 3

FILE NO:        378435.2023

SUBJECT:     Minutes of the Liverpool Heritage Advisory Committee Meeting of 18 September 2023

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Green

That Council:

1. Receives and notes the Minutes of the Liverpool Heritage Advisory Committee. The meeting was held on 18 September 2023.

2. Endorse the addition of Mrs Carol North-Samardzic to the membership of the Heritage Advisory Committee.

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

ITEM NO:       CONF 02 – book 3

FILE NO:        392979.2023

SUBJECT:     Liverpool Civic Place Tender ST3279 Tendering Civic Place Facilities Management

COUNCIL DECISION

Motion:                                  Moved: Clr Green                Seconded: Clr Rhodes

That Council:

1. Reject all tenders for tender ST3279 Tendering Civic Place Facilities Management.

2. Decline to call fresh tenders as per reasons noted in the report.

3. Delegate authority to the CEO to negotiate with the existing tenders (Colliers International (NSW) Pty Limited and Spacemasters Pty Ltd).

4. Delegate authority to the CEO to enter into a contract with either Colliers International (NSW) Pty Limited or Spacemasters Pty Ltd and execute all necessary documents.

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

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

ITEM NO:       CONF 03 – book 3

FILE NO:        395597.2023

SUBJECT:     Fire and Rescue NSW Referrals

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Ammoun

That Council:

1. In relation to 1 Sappho Road Warwick Farm;

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

b)   exercise its powers to issue a Fire Safety Order at this time to address the identified fire safety deficiencies at 1 Sappho Road Warwick Farm. 

2. In relation to 26-28 Whyalla Road Prestons;

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

b)    exercise its powers to issue a Fire Safety Order at this time to address the identified fire safety deficiencies at 26-28 Whyalla Road Prestons. 

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

ITEM NO:       CONF 04 – book 3

FILE NO:        371382.2023

SUBJECT:     Biochar

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

That Council approve the commencement of procurement activities to source a Biochar System.

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

ITEM NO:       CONF 05 – book 3

FILE NO:        394486.2023

SUBJECT:     Transfer/Dedication to Council as Public Road - Lots 60 and 61 in DP 1284972 Moorebank Avenue, Moorebank

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Macnaught

That Council:

1.       Approves that Council enter into a Security of Purpose Deed with the Commonwealth of Australia associated with the proposed transfer/dedication of land being Lots 60 and 61 in DP 1284972 at Moorebank Avenue, Moorebank;

2.       Authorises the CEO or his delegated officer to negotiate and execute the Security of Purpose Deed, under Power of Attorney, necessary to give effect to this decision;

3.       Resolves to dedicate the land as a public road if transferred to Council;

4.       Notes that if Council changes the use from Public Road, or seeks to sell the land in the future, it may need to pay compensation and/or grant a covenant in favour of the Commonwealth;

5. Council provides a report including all correspondence relating to the agreement for the funds paid in lieu of rates for the land used for the intermodal site.

6. Council provide an estimation of maintenance costs to Moorebank Avenue, Anzac Avenue, Newbridge Road, Governor Macquarie Drive once the Intermodal is in full operation.

7. Council make submission for the roads to transfer to the State Government control.

8. Council make recommendation to Commonwealth Government to formalise the current Memorandum of Agreement for payment in lieu of rates.

9. 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.

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

ITEM NO:       CONF 06 – book 3

FILE NO:        393797.2023

SUBJECT:     Minutes of the Liverpool Youth Council meeting held on 24 October 2023

COUNCIL DECISION

Motion:                                  Moved: Clr Green                Seconded: Clr Harle

That Council:

1. Receives and notes the Minutes of the Liverpool Youth Council Meeting held on 24 October 2023; and

2. Endorse the appointment of Zeina Sawalhi from the eligibility list as a member of the Liverpool Youth Council for the remainder of the current term 2023 – 2025.

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

ITEM NO:       CONF 07 – book 3

FILE NO:        412808.2023

SUBJECT:     Hammondville Precinct

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Macnaught

That Council:

1. Agrees to sell proposed Lot 101 and proposed Lot 102 in proposed subdivision of Lot 10 in DP 1162812 to Moorebank Sports Club for the amount specified in the Confidential report provided Council retains access rights and provision of car parking as outlined in the report;

2. Authorises the CEO to complete all documentation necessary to give effect to the sale;

3. Conducts community consultation after Australia Day for three (3) weeks with the results presented back to the 28 February 2024 Council meeting;

4. Include in the report the history of this matter;

5. Create an internally restricted reserve titled the Hammondville Pool and Precinct Reserve for the funds to go into;

6. Seeks assistance from the State Government to fund this project; and

7. 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.

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

Division called for the motion:

Vote for:            Mayor Mannoun, Clr Ammoun, Clr Goodman, Clr Hadid, Clr Karnib, Deputy            Mayor Macnaught and Clr Rhodes.

Vote against:    Clr Green, Clr Hagarty, Clr Harle and Clr Kaliyanda.

ITEM BROUGHT FORWARD       

Mayor Mannoun moved that CONF 09 be brought forward.

ITEM NO:       CONF 09 – addendum – book 5

FILE NO:        422702.2023

SUBJECT:     Austral Progress Report - Land Acquisitions

COUNCIL DECISION

Motion:                                  Moved: Clr Macnaught       Seconded: Clr Rhodes

That Council note the contents of this report and progress to prioritise land acquisitions in Austral.

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

ITEM NO:       CONF 08 – addendum – book 5

FILE NO:        406077.2023

SUBJECT:     Civic Place - Early Education and Care

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Macnaught

That Council:

1. Receives and notes this report;

2. Determines to proceed with level 6 as option 1

·    Option 1- Council Operated Childcare Centre

3. Allocate a maximum of $1.5million for the fitout and re-scope or de-scope accordingly. The funds be allocated from General Property Reserve to the Civic Place project;

4. Allocate $1.5million for improvements to the Whitlam Centre in next year’s capital works program;

5. That all staff, where possible, be located in Civic Place and Council no longer extend any existing leases for external space.

6. Acknowledge that the advice given to Council previously and the legal advice associated with it.

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

THE MEETING CLOSED AT 5.29pm.

<Signature>

Name: Ned Mannoun

Title:    Mayor

Date:    6 February 2024

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  13 December 2023. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting