That the minutes of the Ordinary Meeting held on 25 March 2020 and Extraordinary Meeting held on 16 April 2020 be confirmed as a true record of that meeting.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hagarty

That Council adopt the Draft Privacy Policy attached to this report.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadchiti

That Council receive and note the report and perform the necessary road repairs and construct a safe thoroughfare along Croatia Avenue (along the stretch of road where a pedestrian was hit on 22 April 2020 and passed away) and calls on the NSW Government to immediately fast track construction of the commuter carpark and have alternate parking arrangements in place during construction.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That Council note and endorse the Mayoral Direction dated 17 March 2020 attached to the report.

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

COUNCIL DECISION:

Motion:                                 Moved: Clr Shelton               Seconded: Clr Kaliyanda

That Council:

1. Place the Draft Local Housing Strategy; Draft Centres and Corridors Strategy and Draft Industrial and Employment Lands Strategy on public exhibition for 42 days; and

2. Receive a further report following the public exhibition period detailing submissions received and any amendments proposed.

Foreshadowed motion        Moved: Clr Hadchiti              Seconded: Clr Hadid 

That Council:

1. Place the Draft Local Housing Strategy; Draft Centres and Corridors Strategy and Draft Industrial and Employment Lands Strategy on public exhibition for 42 days, subject to the following changes;

                             i.       Remove the key action in the draft Strategy (as shown on page 87 of the Council Agenda) and copied below:

“Develop an Affordable Housing Contributions Scheme in line with Greater Sydney Commission’s requirement for 5-10% affordable housing on up-zoned land”; and

                            ii.      To classify Middleton Grange as a town centre.

2. Receive a further report following the public exhibition period detailing submissions received and any amendments proposed.

One being put to the meeting the Motion (moved by Clr Shelton) was declared LOST with the Mayor not using her casting vote.

Vote for:           Mayor Waller, Clr Hagarty, Clr Kaliyanda, Deputy Mayor Karnib and Clr Shelton.

Vote against:   Clr Ayyad, Clr Hadchiti, Clr Hadid, Clr Harle and Clr Rhodes.

The Foreshadowed motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED, with the Mayor using her casting vote to vote for the motion.

Vote for:           Clr Ayyad, Clr Hadchiti, Clr Hadid, Clr Harle and Clr Rhodes.

Vote against:   Mayor Waller, Clr Hagarty, Clr Kaliyanda, Deputy Mayor Karnib and Clr Shelton.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Kaliyanda

That Council receives and notes this report.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.   Place the draft amendment to the Liverpool Development Control Plan 2008 – Part 1 General Controls (Outdoor Advertising and Signage) on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000.

2.   Delegates to the CEO the finalisation of the DCP amendment should no submissions in opposition be received; or receive a further report outlining details of the submissions in opposition received at the conclusion of the exhibition period.

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

Vote for:           Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadchiti, Clr Hadid, Clr Hagarty, Clr Harle, Clr Kaliyanda, Deputy Mayor Karnib and Clr Rhodes.

Vote against:   Clr Shelton.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Shelton

That Council:

1.    Exhibits draft Liverpool Contributions Plan 2009 (April 2020 Amendment) and draft Liverpool Contributions Plan 2018 – Liverpool City Centre (April 2020 Amendment) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and regulations; and

2.    Delegates to the A/CEO authority to finalise Liverpool Contributions Plan 2009 (April 2020 Amendment) and Liverpool Contributions Plan 2018 – Liverpool City Centre (April 2020 Amendment) if no submissions opposing the changes are received.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That Council:

1.    Exhibits draft Liverpool Contributions Plan 2018 – Established Areas (Amendment 1) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations; and

2.    Delegates to the CEO authority to finalise Liverpool Contributions Plan 2018 – Established Areas (Amendment 1) if no submissions opposing the changes are received.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Karnib

That Council:

1.    Notes the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 76) and the results of public exhibition and community consultation; and

2.    Approves Amendment 76 and delegates authority to the CEO to liaise with the NSW Parliamentary Counsel’s Office to finalise the amendment.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Supports the naming of Macdonald Road;

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

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

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

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Adopts draft Amendment 25 to the Liverpool Development Control Plan (Part 1 and Part 4) (Attachment 1 and 2) and authorises the CEO to finalise Amendment 25 including the correction of any minor typographical errors to come into effect upon the publication online; and

2.    Notifies those who lodged a submission of Council’s decision.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That Council,

1.    Trial an after-hours service (7am to 9am and 4pm to 10pm) at the expense of no more than $192,500 for 3 months commencing after the Covid lockdown ceases.

2.    Monitor the number of out of hour issues responded to and report back to Council.

3.    The out of hours shift to have the 2 officers work together.

4.    Council to promote the employment of out of hour Ranger and environmental Health Officers surveillance in the Liverpool LGA on Council Website and Social Media including the service contact access telephone number that is answered by the out of hours officers.

5.    Council receives a detailed briefing on compliance operations.

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

Clr Shelton asked that he be noted as having voted against the motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

That Council:

1.   Endorses the recommended sites for re-establishment of Liverpool Alcohol-Free Zones (AFZ);

2.   Places the recommended AFZs on public exhibition for a period of 30 days as required by the Ministerial Guidelines on Alcohol-Free Zones; and

3.    Delegates to the CEO the finalisation of the recommended AFZs if no submissions are received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Receives and endorses the following updated charters:

·    Liverpool Access Committee;

·    Liverpool Community Safety and Crime Prevention Advisory Committee;

·    Aboriginal Consultative Committee; and

·    Liverpool Youth Council.

2.   Amends the Tourism Events and CBD Committee Charter so that:

·      Committee members who cannot attend a meeting may delegate a representative to attend the meeting on their behalf by notifying Council officers prior to the meeting. This representative would then be included in the quorum;

·      Change of the quorum requirements to a number of Committee members (4), rather than half-plus-one;

3.    Amends the Liverpool Access Committee Charter in 9.4.2 to add the words “Non Councillor” to Committee members so that it reads:

9.4.2  - Non Councillor Committee members who cannot attend a meeting may delegate a representative to attend the meeting on their behalf by notifying Council officers prior to the meeting.  This representative would then be included in the quorum.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Rhodes

That Council:

1.    Notes the alignment of revitalisation of pocket parks with Council’s Recreation, Open Space and Sports Strategy; and

2.    Notes the development of an Assessment and Planning Framework when working with the community on open space revitalisation projects.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Ayyad

That Council receive and note this report and that Council notes that most of the land is owned by the State and Council continues to lobby the State Government for a multi-storey carparking within a 600 metres radius of Liverpool train station and include the whole of Scott Street and Railway Street.

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

Clr Shelton and Clr Harle voted against the motion.  

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Prepare a master plan for a Visitation Precinct that includes:

                            Collingwood House;

                            Liverpool Museum;

                            New Liverpool Historical Society building;

                            An Aboriginal Arts, Culture and Learning facility;

                            Café; and

                            Car and Bus Parking

            For the land bounded by the Hume Highway, Congressional Drive and Birkdale Crescent Liverpool.

2.    Prepare the Visitation Concept Precinct Master Plan design and possible cost and Report back to July Council Meeting 2020 in order to further place on Exhibition for Community Consultation.

3.    Lobby State and Federal Governments for funding and include the Visitation Precinct Master Plan in the 10 year plan of Council.

4.    Consider the Government initiative for TCorp loans for Community projects could be applicable for this project at the next Budget Review Meeting.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Shelton

That Council receives and notes this report.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Rhodes

That Council considers and adopts the amended Investment Policy.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council receives and notes this report.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Receives and notes this report with amendment to include the feasibility of solar panels on exhibition hall roof with the necessary power to run the Air Conditioning System.      

2.    Notes that identified works will be included in next year’s capital works program (if feasible) following completion of all required investigations and design be included in Council’s 2019/20 works program.

3.    Seek appropriate grants for the project.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.    Receives and notes this report; and

2.    Notes that a program of improvement works covering the identified rural roads will be included in Council’s 2019/20 works program.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Receives and notes this report;

2.    Investigate virtual fencing to mitigate road kill of Koalas at kill hotspots in Liverpool;

3.    Meet with Featherdale Wildlife Park in time to contribute the response to issues raised in:

a)      INF 04 Animal Holding Facility; and

b)      NOM 02 Animal Shelter.

4.    Notes that a further report will be provided following completion of investigations into the outcomes of the feasibility of provision of a koala hospital and sanctuary within the LGA by the May/June/July Council meeting 2020; and

5.    Negotiates with other councils bordering Liverpool.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadchiti

That Council:

1.    Receives and notes this report.

2.    Identifies land that can accommodate a permanent animal shelter and possible Koala sanctuary in the Liverpool LGA (if the Koala Sanctuary is not provided for in the Western Sydney Parklands) and includes a possible animal training and exercise facility. 

3.    Prepare a report on costs to:

a)    build a temporary animal holding facility on the current site if a long term lease could be arranged with the current owner for a period necessary for Council to build its new permanent facility.  

b)    build a temporary holding facility on the Rossmore Grange site land while the permanent facilities are being built.

c)    time it would take to build temporary and permanent facilities.    

d)    inclusive of concept designs, costing and funding strategy for the building of the proposed animal holding facilities both temporary and permanent that is comparative to the current facility.

e)    an option to include a possible Koala Sanctuary with a third party if interested in a joint venture and agrees to its management of the sanctuary operation.

f)     The report to be presented back to the May Council Meeting 2020.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid 

That Council receives and notes the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 5 March 2020.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 5 March 2020.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That Council:

1.    Receives and notes the Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020; and

2.    Receives and notes the Minutes of the Liverpool Youth Council meeting held on 4 March 2020.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 19 February 2020.

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

COUNCIL DECISION

Motion:                                   Moved: Clr Rhodes             Seconded: Clr Hadid

That Council receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

That Council:

1.    Receive and note the Minutes of the Tourism and CBD Committee meeting held on 11 February 2020, noting that the first motion shown on page 337 of the Council Agenda (and shown below) has lapsed in the circumstances.

                   MOTION: Report from City Economy team if there are any ongoing impacts of                the corona virus on Liverpool’s economy.

2.    Endorse the other recommendations and actions in the Minutes

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Hadid

That Council adopts the following recommendations of the Committee:

Item 1 - Jedda Road, Prestons - Proposed Line marking Scheme

·        Council approves separation ‘BB’ and ‘S1’ line marking, as well as ‘E1’ edge line marking on both sides of the Jedda Road section east of Joadja Road to provide a single traffic and parking lane in both directions.

Item 2 - George Street and Lachlan Street intersection, Liverpool – Proposed Roundabout

·        Council approves the construction of a single lane roundabout at the George Street and Lachlan Street intersection, Liverpool.

Item 3 - 365-405 Denham Court Road, Leppington – Proposed Roundabout and Signs and line marking Scheme for the subdivision

·        Council approves installation of a single lane roundabout and raised thresholds at three intersections and regulatory signs and line marking scheme in the new subdivision.

·        Detailed designs of the roundabout, raised thresholds and signs and line marking scheme addressing the Committee’s comments are to be submitted to TfNSW for endorsement prior to installation.

Item 4 - 68 Speed Street, Liverpool – Proposed Car Park

·        Council approves signs and line marking within the proposed carpark at the intersection of Speed Street, Mill Road and Shepherd Street, Liverpool.

·        Detailed design addressing the following comments are be submitted to the Committee Technical Members for endorsement prior to installation:

o  Raised threshold across the northern Speed Street approach to the Speed Street/Mill Road roundabout.

o  The proposed driveway design off Speed Street restricted to entry only.

o  The informal opening in the median island (in the Speed Street northern approach) being closed to form part of the splitter island.

o  Additional pedestrian access from the south west corner to Shepherd Street.

Item 5 - Stroud Avenue, Warwick Farm – Proposed Parking Restriction

·        Council approves in-principle 4P, 7am-6pm MON-FRI, 8am-1pm SAT restrictions, along a section of Stroud Avenue (opposite Rosedale Oval), subject to TfNSW’s endorsement.

Item 6 - Marsden Road, Liverpool - Proposed Raised Pedestrian Crossing

·        Council approves upgrade of the existing combined pedestrian crossing facility in front of Marsden Road Public School to a raised marked combined crossing and removal of the adjacent speed hump.

Item 7 - Cecil Hills Various Streets – Request for Traffic Calming Devices

·        Council undertakes community consultation with Lancaster Avenue, Spencer Road and Edinburgh Circuit residents, and if supported prepare and present detailed designs of speed humps to a future Committee meeting.

Item 9 - Ganeshotsava Special Event – Street Parade, Liverpool on 30 August 2020.

·        Council classify the ’Ganeshostsava Procession’ through the Liverpool city centre on 30 August 2020, as a Class 2 Special Event with all associated conditions including:

o  Submission of a Traffic Management Plan to TfNSW for endorsement

o  Police approval for the management of the associated rolling road closures

o  Advertisement of the event in local newspapers

o  Road Occupancy License to be obtained from Transport Management Centre.

Item 10 - Various Streets - Community Requests for Minor Traffic Facilities

·        Council approves Installation of a ‘Bus Zone’ along the southern side of Cabramatta Avenue, Miller, in front of Michael Wenden Aquatic Leisure Centre.

·        Council approves installation of separation (S1) and edge (E1) line markings in sections of Talana Hill Drive, between Bergendal Drive and Jardine Drive, Edmondson Park, as shown the report.

Item 11 - Bernera Road and Greenway Drive, Edmondson Park – Proposed traffic facilities

including signs and line marking

·        Council approves signs and line marking scheme along sections of Bernera Road and Greenway Drive, and installation of a roundabout at Bernera Road and Henderson Road intersection.

Item 12 - 220 McIver Avenue and 195 Southern Cross Avenue, Middleton Grange - Signs

and line marking

·        Council approves signs and line marking scheme along sections of Flight Circuit and McIver Avenue and associated intersections.

Item 13 - Items Approved Under Delegated Authority

·        Notes the traffic facilities approved under Delegated Authority between 9 January 2020 and 8 March 2020. 

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

COUNCIL DECISION

Motion:                                 Moved: Clr Rhodes              Seconded: Clr Hadid

That Council receives and notes the Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020.      

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

COUNCIL DECISION

Motion:                                 Moved: Clr Rhodes               Seconded: Clr Hadid

That Council adopts the minutes of the Budget Review Panel meeting held on 20 March 2020.

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

Please address the following:

1.    Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?

2.    Does Liverpool council have its IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?

3.    Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?

Response

1.    Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?

Liverpool City Council’s Cyber Security Standard was developed and implemented in December 2019. This is an important component in Council’s overall approach to manage cyber security threats across the organisation. The standard is designed to ensure Council is resilient, current and emerging risks are appropriately managed, mitigated and monitored and a level of expectation is established. Council has an extensive project list geared around cyber security which is led by the IT Business Unit such as;

o   complying with the ASD 8 which has been developed by the ACSC Australian Cyber Security Centre https://www.cyber.gov.au/publications/essential-eight-maturity-model

o   Upgrading of councils Firewalls which is currently being implemented with all the latest features

o   Adoption of Multifactor Authentication

o   Security patching of all councils’ systems

o   Annual Testing (which is currently being conducted)

§   Vulnerability Scanning of internal network

§   External Penetration testing

§   Internal penetration testing

o   Ensuring correct user permissions and delegations by auditing user access of corporate systems on a regular basis.

o   Running phishing campaigns across council

o   User awareness training programs

o   Keeping logs of cyber security threats

o   Upgrading councils Email security

o   Council system backups (Daily backups)

o   We are also register with the Cyber Security advisory board.

Attached in the Agenda is an extract from the “Report on Local Government 2019” by the NSW Audit Office which was published in March 2020 (Pages 41 to 46).  As shown in this extract, Council is well positioned and has a mature cyber security framework when compared to its peers in the Local Government Sector. Council’s program of works ensures that it keeps up to date with best practice and to protect the integrity of Council’s data and information.

2.    Does Liverpool council have its IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?

Council has a Disaster Recovery Plan (DRP) which aligns with Council’s BCP (Business Continuity Plan). The DRP was revised in October 2019. As part of this revision, the DRP was submitted to ARIC and subsequently endorsed prior to being finalised.

At a high level, the scope of the DRP is based on 2 possible scenarios for System Recovery:

1)    A catastrophic failure and/or unavailability of the entire production Virtual Datacentre infrastructure. This includes loss of power and access to the datacentre and its main buildings for a prolonged period of time.

2)    A system specific failure that would result in data loss if restored from a previous backup and the impact caused by the recovery time if data needs to be restored from backup Disks or Tapes.

This DRP details disaster recovery plans for various systems and infrastructure.  For instance, there is a DRP for each core application. The DRP does not replace the need for having a backup solution, but instead complements it by providing the ability to quickly recovery systems in the scenario of a data backup failure.

Council is committed to peer reviewing this towards the end of the calendar year to ensure it is up to date and all risks and best practices are considered. 

Council IT, as part of Audit Office requirements and internal best practice assessments, conduct on a cyclical basis, auditing of user permissions and access to core application and IT Systems. This is to ensure appropriate permissions and access along with maintaining data integrity.

3.    Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?

The OLG Code of Accounting Practice and Financial Reporting requires Councils to include in its audited annual statements performance matrices, including “operating performance ratio” which measures the extent to which Council has succeeded in containing operating expenditure within operating revenue. The benchmark is greater than 0%.

Table below provided historical and projected results for 2019/20:

The negative result in 2015/16 is due to significant expenditure on asbestos waste remediation.

Please address the following:

On Thursday 5th of March I attended the special briefing by New South Wales Attorney General the Honorable Mark Speakman regarding the National redress scheme is part of the federal government response to the royal commission into institutional responses to child sexual abuse.

Council, and Mayors specifically, have new obligations under these reforms, which the state government has committed to.

While historically cases of child abuse in councils and council-run institutions are expected to be rare, councils were signed up to the national redress scheme by the New South Wales government, which will underwrite any financial liability.

Does Liverpool council have a policy on child sexual abuse?

Response

The Children’s Guardian Act was passed on 21 November 2019 to implement the recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse.

Under this Act, there are legal statutory requirements for all councils including:

·         Implementing the Royal Commission’s 10 Child Safe Standards;

·         The development of a Child Protection Policy that covers all Council departments;

·         A working group to consider and embed child safe practices across Council; and

·         A designated Child Safety Officer position/s from existing staff profiles to carry out the functions requiring regulatory compliance.

The Community Development and Planning team are leading Council's implementation of the Children's Guardian Act requirements, including the drafting of a Child Protection Policy. 

In accordance with the statutory requirements of the Act, Council has established a Child Safe Working Group. This working group includes representatives from each directorate and is leading the development of a Child Protection Policy. Although not all Council staff work directly with children, the child safe practices include measures for upholding children’s rights. These include: children’s participation in decisions that affect them; and ensuring anyone working with children in any capacity understands the child’s rights, child protection, safety and wellbeing. Some of the practical implications for Council include Council events, activities, surveys, workshops, community engagement, school engagement, recruitment of staff, ethical procurement (not using companies implemented in child exploitation) and competitions.

Council will be provided with regular updates of the implementation of the Children’s Guardian Act requirements.

Please address the following:

We have over 100 Coronavirus cases confirmed in Australia, including three deaths up-to-date (11 March 2020).

We have 54 Confirmed cases in NSW up to date (11 March 2020).

What measures is Council taking to ensure the safety of our staff and residents from the spread of Coronavirus?

What measures is Council taking to ensure to the support of small business in our LGA?

Response

Council has undertaken extensive work to ensure the safety of our staff and residents from the spread of coronavirus. All staff who are able to are working from home; teams have been split to ensure business continuity; and additional safety precautions implemented on continuing worksites, including City Presentation. Regular and continuing updates on Council’s response, as well as Federal and NSW Government safety advice, have been communicated with residents. Councillors were provided with an extensive briefing by Council staff on Thursday 2 April and Wednesday 8 April. A comprehensive package of 19 initiatives was then endorsed by Councillors at an Extraordinary Council meeting on 16 April.

Please address the following:

Previously the nearest Brontos were located at St Andrews and Parramatta. Is this still the case?

Response

Fire & Rescue NSW have informed Council that St Andrews does not have a Bronto but Parramatta does. They have also advised that if there is a fire at Liverpool it would be serviced by the Bronto at Parramatta.

Attached in the Agenda is a letter from the Minister for Police and Emergency Services to the Mayor dated 3 August from 2018 concerning the location of the Bronto.

Please provide:

i.              A list of all Council events cancelled or postponed over the last twelve months due to extreme weather events;

ii.             A list of all Council events cancelled or postponed over the preceding twelve months due to extreme weather events; and

iii.            iii. An estimate as to the costs arising from item (i).

Response

Please address the following:

1.    Has council done an internal audit report in recent times?

2.    Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?

3.    Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?

Response

1.    Has council done an internal audit report in recent times?

LCP has been subjected to probity and scrutiny by a number of independent probity advisors and the Council’s Audit, Risk and Improvement Committee. No Internal audits have been performed on the Liverpool Civic Place project until now.

The Head of Audit, Risk and Improvement has now prioritised an audit of LCP, after the QWN raised by Councillor Hadchiti. The audit scope for the proposed audit was presented at the 19 March 2020 Councillor briefing with no additional concerns noted at the time. An external audit firm has subsequently been appointed on 6 April 2020 to conduct this review.

2.    Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?

No, Councillors have not yet viewed the signed contract. Council resolved on 29 October 2019, in relation to LCP, to amongst other things, “Delegate authority to the CEO to negotiate and execute any changes to the Project Development Agreement with Built Holdings Pty Ltd.....”. Councillors have been provided with access to the executed agreement.

3.    Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?

Liverpool Civic Place (LCP) was approved by Council in June 2016 with a Total Project Cost estimated at $87m. Since then, LCP has gone through many changes since the initial concept plan in 2016.

The key change has been an increase in the Council Works scope, from the initial 7,000 sqm of Council offices, 6,000 sqm Commercial /UoW office space and 3,000 sqm Library, for a total of 16,000 sqm to a now current total of 22,500 sqm.

This new Council Works scope represents a 41% increase in area and now includes 8,500 sqm Commercial/UoW space, 8,000 sqm Council offices, Council Chambers and Childcare and 5,000 sqm of City Library.

In addition to the above scope increase and associated additional building costs, it should be noted the cost escalation, increase in construction costs per annum, had been running at 4-5% pa and were forecast to continue at these rates for the term of the project i.e. 2-3 years.

It should also be noted, that the current LCP Total Project Cost at $195m now includes provision for this forecast escalation($4m), in addition to further design and project contingencies($16m) on advice of our consultants.

All of the above information, including the increase to the Council Works scope, has been presented in detail to Councillors and reported numerous times to Council, including the latest report and endorsement in October 2018.

Please address the following:

1.    What progress has been made with the grant to plant trees across the City Centre?

2.    Some trees on Council owned land create issues for resident’s sewer and stormwater pipe systems. Besides leaving a hole in the ground when this occurs and waiting for Council to inspect pipes and confirm the roots are creating a problem, is there another solution for confirmation?

A response to these questions will be provided in the 27 May 2020 Council meeting business papers.

Motion:                                   Moved: Clr Hadchiti            Seconded: Clr Hagarty

That Council move into Closed Session at the end of this meeting to deal with this item pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).   

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

Note: this item was dealt with later in the meeting in Closed Section as shown on page number 67 of these minutes.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.      Exhibit concurrently the amendments included in this report to:

1.1     Liverpool Contributions Plan 2009,

1.2     Liverpool Contributions Plan 2008 - Edmondson Park,

1.3     Liverpool Contributions Plan 2014 - East Leppington 2014,

1.4     Liverpool Contributions Plan 2014 - Austral and Leppington North,

1.5     Liverpool Contributions Plan 2018 - Liverpool City Centre and

1.6     Liverpool Contributions Plan 2018 - Established Areas

in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and regulations;

2.      Delegates to the CEO authority to adopt the amendments to the Contributions Plans; and

3.      Endorse the interim approach to conditioning development approvals prior to formalising the amendment to the Contributions Plans.

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

NOTICE OF MOTION (submitted by Clr Rhodes)

That Council

1.    Recognises the importance of wildlife protection and the economic benefits that Australian wildlife continues to contribute through tourism to the local and national economies;

2.    Nominate a percentage proportion of the Environment Levy to be used to support wildlife protection through the Liverpool LGA; and

3.    Provides all reports and communications in relation to all the above work already carried out and/or implemented by Council to Councillors.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council provides a percentage of the Environment Protection Levy for the protection of Wildlife in the Liverpool LGA providing the Environment Protection Levy accepts the protection of habitat for wildlife as being one of its responsibilities.

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

NOTICE OF MOTION (submitted by Clr Ayyad)

That Council:

1.   Direct the CEO to prepare a planning proposal amending Schedule 1 (Additional Permitted Uses) of Appendix 8 – Liverpool Growth Centres Precinct Plan contained within State Environmental Planning Policy (Sydney Region Growth Centres) 2006 to permit with development consent an animal shelter, also known as an “animal boarding or training establishment” under the Standard Instrument LEP on the land bordered by Fourth Ave, Fifth Ave, Edmonson Ave, and Bringelly Rd. This includes WV Scott Memorial Park; and

2.   Notes that the advice of the Liverpool Local Planning Panel is required before Council considers whether or not to forward the planning proposal to Minister for a Gateway determination.

COUNCIL DECISION

Motion:                                  Moved: Clr Ayyad                Seconded: Clr Hadid 

That Council defer this item to the next council meeting to be discussed as part of the Animal Shelter Location report.

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

NOTICE OF MOTION (submitted by Clr Rhodes)

That Council hold weekly economic development committee meetings open to Councillors to address the changing needs in the recovery process for Liverpool as a result of Covid 19.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadchiti

That Council:

1.         Include in the monthly Briefing meeting agenda, a report addressing the: 

a)  Actions taken by Council to address the economic challenges as a result of the Covid Pandemic.

b)  The results of the actions taken by Council to address the economic challenges as a result of the Covid Pandemic.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Harle

That Council:

1.   Approve an extension of the current term of office for the Audit, Risk and Improvement Committee Chair and independent members for an additional 1-year term to September 2021; and

2.   Approve an optional 1-year option should the new OLG pre-qualification for ARIC members not be operational by August 2021.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

That Council:

1.    Approves the acquisition of Clermont Park, being Lot 4601 in DP 1248502, land bounded by Guillemont Road, Bezentin Ridge Road, Buchan Avenue and Faulkner Way, Edmondson Park, for the price and terms outlined in this report;

2.    Upon settlement of the acquisition, classifies Lot 4601 in DP 1248502 as ‘Community’ land;

3.    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 the Council is conducting (or proposes to conduct) business; 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.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hagarty

That Council deal with this item in Closed Session later in the meeting pursuant to the provisions of s10A(2)(c) (d i) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND 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.

Note: this item was dealt with later in the meeting in Closed Section as shown on page number 68 of these minutes.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Karnib

That Council:

1.    Approves the acquisition of Lot 1046 DP2475, being 255 Sixth Avenue, Austral on the terms outlined in this confidential report;

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

3.    Resolves to classify Lot 1046 DP2475 as “operational” land in accordance with the Local Government Act, 1993; and

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

That Council: 

1.   Accepts the tender from HPAC Pty Ltd for Tender WT2892 - Phillips Park Redevelopment for a 52 week contract term at the corrected GST inclusive price of $13,634,393.30.

2.   Makes public its decision regarding Tender WT2892 - Phillips Park Redevelopment.

3.   Delegates the Chief Executive Officer to finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.

4.   This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to accept tenders up to a value of $2 million.

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.

Vote for:           Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadchiti, Clr Hadid, Clr Hagarty, Clr Kaliyanda, Deputy Mayor Karnib and Clr Shelton.

Vote against:   Clr Harle and Clr Rhodes.

Please address the following:

1.    What progress has been made with the grant to plant trees across the City Centre?

2.    Some trees on Council owned land create issues for resident’s sewer and stormwater pipe systems. Besides leaving a hole in the ground when this occurs and waiting for Council to inspect pipes and confirm the roots are creating a problem, is there another solution for confirmation?

A response to these questions will be provided in the 27 May 2020 Council meeting business papers.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti            Seconded: Clr Balloot  

That Council

1.         Remove the small tree located on Council land in front of 10 Whelan Ave Chipping Norton (right hand side).

2.         Trim the larger tree located on Council land in front of 10 Whelan Ave Chipping Norton (left hand side) so that no branches overhang the side/back yard.

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

Mayor Waller, Clr Hagarty and Clr Shelton voted against the motion. 

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Karnib

That Council:

1.      Reject the current offer provided by the Moorebank Sports Club;

2.      Approve the development of a masterplan for Hammondville Park to enable the creation of a leisure precinct;

3.      Direct the CEO to provide sufficient funds for the proposed masterplan works in the 2020/2021 financial year budget;

4.      Seek State Government funding support for the creation of a commuter carpark at Hammondville Park to support the demand at Holsworthy Station;

5.      Seek State Government support for the creation of more frequent bus services to Holsworthy Train Station via Hammondville Park;

6.      Notes that Moorebank Sports Club is a major stakeholder in this process.

7.      Works constructively with Moorebank Sports Club on the development of a masterplan for Hammondville Park.

8.      Undertake community consultation.

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

Vote for:           Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadchiti, Clr Hadid, Clr Hagarty, Clr Kaliyanda, Deputy Mayor Karnib and Clr Shelton.

Vote against:   Clr Harle, Clr Rhodes.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty

That Council receives and notes the report concerning the legal affairs of Liverpool City Council and note that the date of the DA lodged for item 13 attached to the Confidential report be corrected to 23 October 2019.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Karnib

In light of Federal and State Government funding opportunities as a result of Covid-19, Council explore options to retain the site for public benefit.

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

Councillors voted unanimously for this motion.

OPEN SESSION

Council moved back into Open Session at 9.06pm.

Mayor Waller then read out the resolutions from the Closed Session (as shown on pages 67-70 of these minutes).