MINUTES OF THE Ordinary Meeting

HELD ON 27 October 2020

 

 

PRESENT (VIA VIDEO CONFERENCING):

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Dr Eddie Jackson, Acting Chief Executive Officer

Mr George Hampouris, Acting Director City Corporate

Ms Tina Sangiuliano, Acting Director City Community and Culture

Mr David Smith, Acting Director City Economy and Growth

Mr Peter Patterson, Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr Vishwa Nadan, Chief Financial Officer

Mr John Morgan, Director Property and Commercial  Development

Mr James Ng, Acting General Counsel, Manager Governance Legal and Procurement

Mr Shaun Beckley, Manager Infrastructure Planning

Mr George Georgakis, Manager Council and Executive Services

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

 

The meeting commenced at 6.01pm

 

 

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice the meeting is being livestreamed.

 

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

 

The prayer of the Council was read by the Acting Chief Executive Officer, Dr Eddie Jackson.

 

 

APOLOGIES

Nil.

 

CONDOLENCES

 

Mr Arthur Ernest Willmington (read by Clr Harle)

 

Arthur Ernest Willmington “Artie” was born in Penrith on 14th October 1929. He was the 8th born of a family of 9.

 

Artie lived all his life in Luddenham.

 

His parents, Clara and Sid, had a dairy farm and from a young age, 6 years old, he got up to bring the cows in for milking, go to school, and come home to help on the farm.

 

Artie loved the outdoor life and after he married, he had a 50 acre farm of his own. He made his farm into a huge success but decided at 70 years of age it was time to retire.

 

For four years, before selling the farm, he started growing roses to sell to raise funds for cancer research and for the Cancer Council of Australia. This he continued at his new home and for the past 24 years this has been what he wanted to do. He loved the peacefulness of his garden but he was always happy to pass on his knowledge of gardening.

 

Two weeks before his passing he was diagnosed with bladder cancer but on 1st October he suffered a heart attack.

 

His funeral was held in Luddenham Uniting Church and laid to rest in the adjoining cemetery.

 

I would suggest Council sends a letter of condolence to his family.

 

COUNCIL DECISION

Motion                                   Moved: Mayor Waller           Seconded: Clr Harle

 

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

 

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

Confirmation of Minutes

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That the minutes of the Ordinary Meeting held on 30 September 2020 be confirmed as a true record of that meeting.

 

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

Declarations of Interest

 

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

 

Item:          CONF 01 - Order of Liverpool Awards.

 

Reason:     Clr Ayyad’s husband was nominated for one of the awards.

 

Clr Ayyad remained in the virtual meeting for the duration of this item. 

 

Public Forum

Presentation – items not on agenda

Nil.

Representation – items on agenda

Nil.

 

MOTION OF URGENCY

 

ITEM NO:       MOU 01

SUBJECT:     122 Atkinson Street, Liverpool

 

In accordance with Clause 8.3 of Council’s Code of Meeting Practice, the Chairperson Mayor Waller, ruled the following motion as urgent, and as such it was dealt with at the meeting and is shown below:

 

Background

 

On 11 August 2020, Council was notified by members of the community of the impeding auction of 122 Atkinson Street, Liverpool. The property is a single storey timber weatherboard cottage, advertised as an opportunity for knock down and rebuild.

 

The cottage, known as Stephenville, was built in 1917 by the Voluntary Workers’ Association for Mrs Boyland, wife of Private Harry Boyland with two children. The cottage was built at a cost of £269 and furniture and internal fittings were provided by Henry Bull and Co and the Challenge Woollen Mills.

 

Private Harry Boyland served with the 11th Australian Infantry Battalion, Australian Imperial Force and died on the battlefields of France on 30 May 1916.

 

 

The building is representative of a 1900s residential dwelling, a rarity within the Liverpool area, but also of the community spirit of wartime Liverpool. The community came together to support a war widow and a family and provide her with a house recognised in the Cumberland Argus and Fruitgrowers Advocate as a “strongly built structure of four rooms and the necessary outhouses…the materials costing in the vicinity of 269 pounds.”

 

This building is more than just a simple cottage but embodies the history of Liverpool and its community and Council needs time to properly assess the heritage significance of the building and to determine whether the building should be listed on Council’s heritage register.

 

Liverpool City Council may issue an Interim Heritage Order, which is an order that prevents the building from being demolished for an initial period of 6 months to allow for a full and detailed assessment of the building’s heritage significance.

 

The order can be extended for a further 6 months if Council decides to list the building and agrees to prepare a planning proposal to amend the heritage register in the Liverpool Local Environmental Plan.

 

While the future of the cottage remains undecided, this is the right time to assess and determine whether we should protect a piece of Liverpool’s history.

 

COUNCIL DECISION:

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hagarty

 

That Council:

 

1.    Direct the Acting Chief Executive Officer to issue an Interim Heritage Order on 122 Atkinson Street, Liverpool in accordance with Section 25 of the Heritage Act 1977;

 

2.    Allocate $5,000 to engage a heritage consultant to undertake an independent assessment of heritage significance for 122 Atkinson Street, Liverpool; and

 

3.    Receive a further report, prior to June 2021, outlining the assessment of significance of the building and recommendations for future action.

 

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

 

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


 

MAYORAL REPORT

Nil.

 

Chief Executive Officer Report

 

ITEM NO:       CEO 01

FILE NO:        270354.2020

SUBJECT:     COVID-19 - Liverpool City Council Response

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Rhodes

 

That Council:

 

1.    Note that the waiver for outdoor dining fees ceased on 31 August 2020 and that a waiver of fees totalling approximately $21,600 was provided to existing outdoor café permit holders;

 

2.    Note that the waiver for rental abatements for Council’s retail and small tenants ceased on 31 August 2020 with a total rental abatement of approximately $160,130 having been provided;

 

3.    Apply the provisions of the Retail and other Commercial Leases (COVID-19) Regulation for Council’s tenants (subject to qualification) in relation to extending rent relief for the period 1 November to 31 December 2020;

 

4.    Note that 415 free car parking permits and pass cards have been issued by Council to essential workers at a value of $527,863;

 

5.    Note that the provision of free permit based carparking at Northumberland carpark ceased on 30 September 2020;

 

6.    Extends the provision of free pass card parking at Warren Serviceway carpark until 31 October 2020;

 

7.    Approve the end date associated with Initiative 7 to be 30 November 2020; and

 

8.    Recommence enforcement for parking meters now.

 

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

 


 

City Economy and Growth Report

 

ITEM NO:       EGROW 01

FILE NO:        230146.2020

SUBJECT:     Draft Western Sydney Aerotropolis Joint Contributions Plan 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hagarty

 

That Council:

 

1.    Exhibits the draft Joint Aerotropolis Contributions Plan 2020 and background report for a minimum of 28 days in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

2.    Delegates to the Acting Chief Executive Officer authority to finalise the Aerotropolis Contributions Plan if no submissions in opposition are received.

 

3.    Exhibits draft Amendment 2 to the Liverpool Contributions Plan 2009 for a minimum 28 days in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

 

4.    Delegates to the Acting Chief Executive Officer authority to finalise Amendment 2 to the Liverpool Contributions Plan 2009.

 

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

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

Vote against:   Clr Hadchiti.

 

 


ITEM NO:       EGROW 02

FILE NO:        261147.2020

SUBJECT:     Post Exhibition Report - Liverpool Local Environmental Plan 2008 Amendment 77 - Additional permitted use of 'Car Park' at Collimore Park, Liverpool.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

 

That Council:

 

1.    Notes the Gateway determination for Liverpool Local Environmental Plan 2008 Amendment 77 and the submissions received from State agencies and from the public exhibition;

 

2.    Proceeds with Amendment 77 and delegates authority to the Acting Chief Executive Officer (or his delegate) to liaise with the NSW Parliamentary Counsel’s Office and the Department of Planning, Industry and Environment to finalise the amendment; and

 

3.    Notifies the submitters of Council’s decision.

 

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

 

Councillors voted unanimously for the motion.

 


ITEM NO:       EGROW 03

FILE NO:        262628.2020

SUBJECT:     Liverpool Design Excellence Panel Charter and Procedure

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.    Endorse the minor amendments to the Design Excellence Panel Charter and Procedure and subject to the following additional amendments to Clauses 4.1 and 5.1 as shown below:

 

i.    To replace the first paragraph of Representations of the DEP, point 4.1 (as shown in the report) as follows, so that it now reads:

 

4.1 Membership

 

The DEP shall comprise three (3) high-level and respected professionals who are or have been involved in the design of recent (1-5 years) of major projects. Such members shall have extensive expertise in specific urban design and sustainable and liveable communities that addresses the needs and conditions found in Western Sydney and also possess extensive qualifications in at least one or more of the following professions:

 

(a)    Urban Design;

(b)    Architecture;

(c)    Landscape Architecture; and

(d)    Urban Planning

 

A DEP member cannot be employed by Council, including Council officers and elected Councillors, in accordance with the requirements of State Environmental Planning Policy No. 65 (SEPP No. 65).

 

ii.   To replace the first paragraph of DEP Appointment and Selection for DEP Meetings (as shown in the report) in point 5.1 so that it now reads as follows:

 

5.1   Tender Process

 

Council will advertise and establish a short list via a tender or an expression of interest process which will be presented to a council meeting for approval. Members will then be appointed from the approved short list by the CEO based on their qualifications and experience, and in the absence of any real or potential pecuniary or non-pecuniary conflict of interest.

 

2.    Seek quotations from suitably qualified industry representatives to become members of the Liverpool Design Excellence Panel for a two-year period.

 

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


ITEM NO:       EGROW 04

FILE NO:        263708.2020

SUBJECT:     Amendment 2 to Liverpool Contributions Plan 2008 - Edmondson Park

 

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.    Exhibits Amendment 2 to Liverpool Contributions Plan 2008 – Edmondson Park for 28 days in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000; and

 

2.    Delegates to the Acting Chief Executive Officer authority to finalise Amendment 2 to Liverpool Contributions Plan 2008 – Edmondson Park.

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

Councillors voted unanimously for this motion.

 


ITEM NO:       EGROW 05

FILE NO:        266182.2020

SUBJECT:     Parking on Verges and Nature Strips

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Hagarty

 

That Council:

 

1.    Receive and note the report; and

 

2.    Makes representations to the State Government to amend the relevant regulations to allow discretion for parking on verges and nature strips. 

 

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

Clrs Shelton and Hadchiti asked that their names be recorded as having voted against the motion. 


ITEM NO:       EGROW 06

FILE NO:        275167.2020

SUBJECT:     Draft Cumberland Plain Conservation Plan Submission

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council endorses the submission on the Draft Cumberland Plain Conservation Plan.

 

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

 


 

City Community and Culture Report

 

ITEM NO:       COM 01

FILE NO:        162295.2020

SUBJECT:     Draft Miller Social Infrastructure Masterplan

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

 

That Council:

 

1.    Receives and notes the report;

 

2.    Adopts the Draft Masterplan for public exhibition for community information and feedback for a period of 28 days;

 

3.    Delegates to the A/CEO the finalisation of the draft Masterplan if no submissions are received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period; and

 

4.    Subject to Council’s adoption of the Masterplan, develops a staged implementation strategy by June 2021.

 

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

 

 


CITY CORPORATE REPORTS

ITEM NO:       CORP 01

FILE NO:        265086.2020

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

 

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

Council notes that:

 

1.    The annual pecuniary interest returns of Councillors and designated persons, as at 30 June 2020, are now tabled before the Council in accordance with clause 4.25 of the Model Code of Conduct and available to view during business hours the next business day, 28th October, through Council and Executive Services; and

 

2.    A redacted version will be published on the Council website. 

 

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

 


ITEM NO:       CORP 02

FILE NO:        267754.2020

SUBJECT:     Investment Report September 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadid

 

That Council receives and notes this report.

 

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

 


 

Committee Reports

ITEM NO:       CTTE 01

FILE NO:        255392.2020

SUBJECT:     Liverpool Sports Committee Minutes of meeting held 27 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council receives and notes the Minutes of the Liverpool Sports Committee meeting held on 27 August 2020.

 

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

 


ITEM NO:       CTTE 02

FILE NO:        256353.2020

SUBJECT:     Community Safety and Crime Prevention Advisory Committee Minutes 03-09-2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council receives and notes the Minutes of the Community Safety and Crime Prevention Advisory Committee Meeting held on 3 September 2020.

 

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

 


ITEM NO:       CTTE 03

FILE NO:        245052.2020

SUBJECT:     Minutes of the Civic Advisory Committee meeting held on 2 September 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council receives and notes the Minutes of the Civic Advisory Committee Meeting held on 2 September 2020.

 

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

 


ITEM NO:       CTTE 04

FILE NO:        262694.2020

SUBJECT:     Minutes of the Environment Advisory Committee meeting held on 17 August 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 17 August 2020.

 

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

 


ITEM NO:       CTTE 05

FILE NO:        271798.2020

SUBJECT:     Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 23 September 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council adopts the following recommendations of the Committee:

 

Item 1 - Adams Road, Luddenham –  Road reconstruction including installation of a roundabout at the Adams Road/Aton Road intersection.  

 

·    Council approves the signs and linemarking scheme for the Adams Road and Anton Road reconstruction.

 

·    Supports the proposed roundabout at the Adams Road and Anton Road intersection.

 

·    Detailed design of the roundabout is to consider tree planting in consultation with Western Sydney Airport.

 

·    Detailed design is to be submitted to Council and forwarded to TfNSW for review prior to construction.

 

Item 2 - Moondarra Drive, West Hoxton - Clancy Catholic College Stage 7 Design Pack Carparking.

 

·    Council approves the design drawings of the parking spaces and associated signs and linemarking scheme.

 

Item 3 - Junction Road east of Stockton Avenue, Moorebank -  request for an additional speed hump.

 

·    Council approves the installation of a threshold across the section between Stockton Avenue and Renton Avenue, close to Wilkes Avenue.

 

·    Community consultation is to be carried out prior to installation.

 

Item 4 - 227-229 George Street, Liverpool - request for No Stopping restriction.

 

·    Council approves the replacement of the existing loading zone at the rear of 227-229 George Street, Liverpool with a no stopping zone.

 

Item 5 - Eleventh Avenue, Austral – reconstruction of the road section in front of St Anthony of Padua Catholic School.

 

·    Council approves the proposed children’s crossing and associated signs and linemarking scheme.

 

·    Detailed design is to be submitted to TfNSW for review prior to construction.

 

Item 6 - Buchan Avenue, Edmondson Park – Road construction including signs and linemarking scheme.

 

·    Council approves the detailed design drawings including signs and linemarking scheme.

 

·    Detailed design drawing is to be submitted to TfNSW for review prior to construction.

 

Item 7 - Beech Road, Casula - Request for timed on-street parking at 245 Beech Road in front of the Macchiato & Co café.

 

·    Council approves 2 x 30-minute on-street parking spaces east of the “No Stopping” sign close to the Beech Road and Berriwerri Place roundabout intersection.

 

Item 8 - Reilly Street, Lurnea – Proposed median Island extension to wombat crossing and raised threshold.

 

·    Council approves the median island extension to wombat crossing and raised threshold.

 

Item 9 - McIver Avenue, Middleton Grange – Road extension including signs and linemarking scheme.

 

·    Council approves the McIver Avenue road extension and associated signs and linemarking scheme.

 

·    The road extension is to include a gate (at the entry to the park) to be closed at night.

 

Item 10 - Various Streets – Request for Traffic calming devices.

 

·    Council approves the installation of separation and edge linemarkings along the section of Ardennes Avenue from Okinawa Road, Edmondson Park to the southern end of the road.

 

·    Speed classification is to be carried out to assess whether additional traffic calming devices are required.

 

·    Council to consider road improvement on the eastern side of Shepherd Street between Atkinson Street to Powerhouse Road, Liverpool.

 

·    Council to carry out speed classifications along Webster Road, Ardennes Avenue and Christiansen Boulevard to assess the need for traffic calming devices. 

 

Item 11 - Bigge Street, between Elizabeth Street and Campbell Street, Liverpool – Minor Traffic Management Works.

 

·    Council supports the re-linemarking of double-barrier and edge lines and installation of entry thresholds.

 

Item 12 - Items Approved Under Delegated Authority.

 

·    Council notes the traffic facilities approved under delegated authority between 22 July 2020 and 23 September 2020.

 

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


ITEM NO:       CTTE 06

FILE NO:        272255.2020

SUBJECT:     Minutes of the Intermodal Precinct Committee meeting held on 1 September 2020

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib

 

That Council:

 

1.   Receives and notes the minutes of the Intermodal Precinct Committee; and

 

2.   Endorse the recommendations in the minutes.

 

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

 

Mayor Waller called a recess at 7.38pm.

 

Mayor Waller resumed the meeting at 7.49pm.

 


 

Questions with Notice

ITEM NO:       QWN 01

FILE NO:        273287.2020

SUBJECT:     Question with Notice - Clr Hagarty - JobKeeper and JobSeeker

 

Please address the following:

 

With JobKeeper and JobSeeker set to be reduced or removed for many come October, do we have approximate numbers on:

1.      Number of businesses in Liverpool who will lose JobKeeper?

2.      Number of people they employ?

3.      Number of people on JobSeeker in Liverpool?

 

Response

 

According to federal government figures there are at least 27,000 people in the Liverpool LGA on income support through JobKeeper, JobSeeker or Youth Allowance. The following information is the most up-to-date data, as at 30 September 2020, released by the Australian Tax Office and Profile ID.

 

JobKeeper

 

In June 2020 there were 10,354 applications processed for JobKeeper in the Liverpool LGA. The table below, from data collated from Australian Tax Office, shows the number of organisations that have had their applications processed. Because this is an organisation count, rather than number of employees, it is unclear how many Liverpool residents are receiving JobKeeper.

 

Postcode

April

May

June

2168

963

987

1003

2179

372

397

410

2556

156

163

163

2171

1140

1177

1220

2170

4070

4193

4293

2178

235

251

259

2565

917

971

987

2174

229

238

236

2745

780

835

864

2173

294

300

299

2172

87

94

97

2557

473

513

523

TOTAL

9716

10119

10354

 

On 21 July 2020 the Government announced it would extend the JobKeeper payment until 28 March 2021, and that it would target businesses and not-for-profits which continue to be significantly impacted by the Corona Virus.

 

From 28 September 2020, eligibility for JobKeeper will be decreased and paid at two rates.

 

From 28 September 2020 to 3 January 2021 the payment will be reduced from $1500 a fortnight to $1200 a fortnight for eligible employees who were working for 20 hours or more a week. For employees who were working less than 20 hours a week, the payment will be reduced to $750 a fortnight.

 

From 4 January 2021 to 28 March 2021 the payment for employees working more than 20 hours a week will be further reduced to $1000 a fortnight. For employees working less than 20 hours a fortnight the payment will be reduced to $650.

 

Council officers have requested projections and modelling about the impact the changes would have on the economy from the federal Treasury via a contact at Ausindustry. Officers received the following response:

 

“We put your request to Treasury (federal) but unfortunately, they do not have the projections data you specifically require.

 

“The additional modelling information you are seeking is unlikely to be publicly available and as you understand, any such data would vary significantly across the nation plus the complex economic interactions across many supply chains and demands are constantly changing.”

 

JobKeeper payment schedule

(Source: https://www.ato.gov.au/General/JobKeeper-Payment/Payment-rates/)

 

Dates

Staff who worked on average less than 20 hours a fortnight

Staff who worked on average more than 20 hours a fortnight

30 March 2020 - 27 September 2020

$1500/fortnight

$1500/fortnight

28 September 2020 - 3 January 2021

$750/fortnight

$1200/fortnight

4 January 2021 – 28 March 2021

$650/fortnight

$1000/fortnight

 

JobSeeker

 

In August 2020 (latest information available) there were 16,930 people on JobSeeker or Youth Allowance (11.2 per cent of 15-64-year-olds). During the same period 8.9 per cent of the NSW 15-64-year-olds were on JobSeeker or Youth Allowance.

 

Figures from Profile ID show JobSeeker and Youth Allowance figures climbing rapidly during April to stabilise from May onwards to more than 16,000.

 

(Source: https://profile.id.com.au/cws/job-seeker?EndYear=201909)

 


ITEM NO:       QWN 02

FILE NO:        273290.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020

 

Please address the following:

 

1.         With the release of the Western Sydney Aerotropolis State Environmental Planning Policy (SEPP) 2020, have any major implications been identified that effect our LGA?

 

Response:

 

The SEPP was released by the NSW Government on 13 September 2020, as part of the finalisation of the Western Sydney Aerotropolis Planning Package. The SEPP came into effect on 1 October 2020 and rezoned the initial precincts within the Liverpool LGA (Aerotropolis Core, Agribusiness, Badgerys Creek and Wianamatta-South Creek precincts).

 

In addition to the SEPP gazettal, the following documents were released as part of the Western Sydney Aerotropolis Planning Package:  

·           Western Sydney Aerotropolis Plan (WSAP)

·           Western Sydney Aerotropolis Development Control Plan (DCP) Phase 1

·           Section 9.1 Ministerial Direction: Implementation of the Western Sydney Aerotropolis Plan

 

The final planning package is available on the NSW Planning Portal:

 

https://www.planningportal.nsw.gov.au/draftplans/made-and-finalised/western-sydney-aerotropolis-planning-package

 

The SEPP contains a number of aviation safeguarding clauses, the majority of which extend well beyond the Aerotropolis boundary, and therefore apply to land across the Liverpool LGA, as well as surrounding LGAs. These clauses relate to aircraft noise, building wind shear and turbulence, wildlife hazards, wind turbines, lighting, airspace operations, and public safety areas.

 

Notably, Clause 19 of the SEPP relating to aircraft noise, has implications for the Liverpool LGA and surrounding LGAs, as the clause takes a precautionary approach to managing aircraft noise by placing further restrictions on developments when compared to clauses in Council’s LEPs. Details of the restrictions are as follows.

 

 

 

 

Development within ANEC 20+ Contours

 

Clause 19 (Aircraft Noise) of the SEPP prohibits development of new noise sensitive uses (residential accommodation, education establishments, places of public worship etc.) within ANEC 20 and above contours. Despite this clause, if at the time of the SEPP’s commencement, a dwelling house was permissible, and there were no dwellings on the land, the SEPP allows its development to be permissible.

 

Prior to the SEPP being gazetted, the Liverpool Local Environmental Plan (LLEP 2008), Clause 7.18 permitted the development of residential accommodation on land subject to ANEF 20 contours (but less than 25). Development was, however, required to meet relevant Australian Standards for indoor design sound levels in relation to aircraft noise intrusion. Under the LLEP 2008, the development of residential accommodation is prohibited on land identified as being subject to ANEF 25 and above. 

 

Development beyond ANEC 20 Contours

 

Additionally, Clause 19 (Aircraft Noise) of the SEPP requires the development of noise sensitive uses beyond land subject to the ANEC to be built to the Australian Standards. This requirement applies to all new noise sensitive uses within the boundary of the Obstacle Limitation Surface Map. This map extends approximately 13km from the airport site, therefore reaching east to Prestons, and encompassing the growth areas of Austral, Leppington and part of Edmondson Park.   

 

Clause 19(5)(b) of the SEPP has been deferred by the Government and will commence on 26 April 2021.

 

Other Notable SEPP Clauses which could affect developments

 

Wildlife Hazards

 

To manage risk of wildlife strike, the SEPP restricts certain land uses within 3km of the airport, including turf farming, livestock processing and outdoor waste or resource management facilities.

 

Additionally, certain land uses within 13km of the airport will require additional consideration in relation to wildlife management at the development application stage. This includes applications for plant nurseries, sewerage treatment plants and water storage facilities.    

 

Complying Development

 

Complying development under SEPP (Exempt and Complying Development Codes) 2008 is not enabled within the initial precincts under the Aerotropolis SEPP. Instead, complying development is enabled following the approval of a master plan.

 

 

A master plan is to specify which development is to be undertaken as complying development and set development controls for its assessment criteria as complying development. Exempt Development Codes still apply within the Aerotropolis, subject to minor variations to safeguard aviation operations (e.g. reduce wildlife attraction) and meet the Parkland City vision (e.g. limit extent of hardstand space).

 

The SEPP also contains various provisions regarding flooding, native vegetation, heritage, design excellence and transport corridors. 

 

Aerotropolis Precinct Planning

 

The Western Sydney Planning Partnership are continuing to develop precinct plans for the initial precincts identified in the WSAP. These are anticipated to go on public exhibition in late 2020, early 2021. The Partnership are also developing a comprehensive Development Control Plan which will replace the Phase 1 DCP. This DCP will also be subject to public exhibition.  


ITEM NO:       QWN 03

FILE NO:        281539.2020

SUBJECT:     Question with Notice - Clr Balloot - Mental Health Issues

 

2020 has been an extremely stressful year for many; fire, floods and now COVID.

Many in our community continue to suffer with mental health issues.

Adolescence and young individuals are particularly vulnerable to external pressures of every life.

 

Please address the following:

 

With the added unprecedented pressures:

 

1.    What initiatives/programs has Council supported to assist the community and particularly adolescence and young person’s when dealing with mental health issues?

 

2.    Has Council conducted a review of services available to the local community?

 

3.    What initiatives has Council implemented to support the mental health of staff during this unprecedented time?

 

A response to these questions will be provided in the 25 November 2020 Council meeting business papers.

 


ITEM NO:       QWN 04

FILE NO:        281543.2020

SUBJECT:     Question with Notice - Clr Hagarty - Schoeffel Park

 

Background

 

Since it recently opened, Schoeffel Park has been a big success. Many families are using the park and enjoying its facilities.

 

The demand has placed increased pressure on the surrounding road network.

 

There has been at least one accident and a number of near misses involving both cars and pedestrians.

 

Questions

 

Please address the following:

1.    Do subsequent phases of the development of Schoeffel Park include car parking?

 

2.    If so, how many spots and where will they be located?

 

3.    What traffic treatments are being considered to the surrounding road network, in particular Strzlecki Drive?

 

4.    When are these traffic treatments expected to be delivered?

 

5.    What consideration is given to the impact of the surrounding road and path networks when planning and funding work to parks?

 

A response to these questions will be provided in the 25 November 2020 Council meeting business papers.

 


ITEM NO:       QWN 05

FILE NO:        281559.2020

SUBJECT:     Question with Notice - Clr Hadchiti - Board work / bank stabilization in the Shepherd Street Precinct

 

 

Please address the following:

 

1.    Can an update please be provided on the delivery of the board work/ bank stabilization which formed part of a VPA in the Shepherd Street precinct?

 

A response to these questions will be provided in the 25 November 2020 Council meeting business papers.

 


ITEM NO:       QWN 06

FILE NO:        281575.2020

SUBJECT:     Question with Notice - Clr Hagarty - Amazon

 

Background

 

Amazon has now been operating in Liverpool for several years.

 

In late 2018, I asked the following questions on notice.

 

Two years on from those questions, Amazon has been one of the few businesses to benefit from the COVID-19 pandemic.

 

Hopefully Liverpool, Amazon’s employees and its subcontracted employees are also benefiting.

 

Questions

 

Please address the following:


What percentage of workers based at the Amazon Moorebank fulfilment centre are:

  • from the Liverpool LGA?
  • directly employed by Amazon?
  • employed by a labour hire company?
  • in insecure casual employment?

 

A response to these questions will be provided in the 25 November 2020 Council meeting business papers.

 


 

ITEM NO:       COM 02 – ADDENDUM BOOK

FILE NO:        265271.2020

SUBJECT:     Mimosa Park, 22 Box Road, Casula

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Rhodes

 

That Council:

 

1.    Receives and notes the outcome of the community consultation;

 

2.    Endorse Option 2 in the report to reclassify, rezone and dispose of Mimosa Park; and

 

3.    Endorse a condition where funds from the sale can be used to upgrade park facilities in that area.

 

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

 

Division:

Vote for:           Clr Balloot, Clr Hadchiti, Deputy Mayor Hadid, Clr Harle and Clr Rhodes.

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

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

 

That Council:

 

1.   Receives and notes the outcome of the community consultation; and

                                 

2.    Endorse Option 1 in the report, Mimosa Park to be kept as a local park and embellished and allocate a sum of $15,000 to undertake a feasibility study, environmental testing and concept development.

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

 


Presentations by Councillors

Nil.

 

Notices of Motion

 

ITEM NO:       NOM 01

FILE NO:        281448.2020

SUBJECT:     Ban of Fur Sales on Council Land

 

BACKGROUND

 

Numerous reports have highlighted the animal cruelty involved in fur production. Animals are being kept in small cages unable to act out their natural behaviours, after which they are killed in harrowing ways such as electrocution, bludgeoning, or being skinned alive.

Increasing awareness of this cruelty has reduced consumer demand for fur products. However, some producers and vendors are now mislabelling fur products sold in Australia. 

Late last year, forensic tests on faux fur products sold at the Queen Victoria and South Melbourne markets revealed they were made from racoon and racoon dog fur – animals known to be mistreated in fur harvesting facilities in China. Similarly, the trade in exotic animal skins – such as snakes, alligators, crocodiles and other reptiles – is marked by cruelty and significant environmental impacts, with wild animals removed from their native habitat and harvested for skins.

 

Over the last few weeks, the international trade in wildlife for fur, exotic animal skins and other products has been subject to renewed calls for bans due to the coronavirus pandemic, and the risk that this trade will lead to other deadly disease outbreaks in future.

 

Stamping out the trade in fur and exotic animal skins requires action at local, state and federal levels. Therefore, Council can have an important advocacy component to its role. Under the Local Government Act 1993 (NSW), which allows a council to establish policies for the use of its land, Council can also act to prevent the sale of these products on our properties. For example, markets operate under section 68 approvals that permit them to use Council land. It is possible under section 68 approvals to add a condition prohibiting the sale of fur and exotic animal skins in any markets operated on Council-owned land.

Additionally, an amendment to Council’s General Conditions of Hire for Community Facilities that prevents the sale of such products in our venues could reduce markets for these cruel industries, particularly if combined with information to help local residents and business report suspect sales of illegal animal products to the relevant authorities.

The resale of second-hand or vintage fur products can also contribute to demand by perpetuating the idea of ‘fur as fashion’, however, throwing these products out conflicts with our vision of becoming a more sustainable community. 

Again, Council can act by helping raise awareness of alternatives such as donating to Snuggle Coats, a not-for-profit organisation that collects furs for animal groups, carers and wildlife parks across Australia, which in turn use the furs to rehabilitate and comfort animals in their care (i.e. as they recently did with bushfire victims).

 

Given that Liverpool Council has a “no kill” policy, it is entirely reasonable, indeed expected, to keep in line with compassion and respect for animals. Here in NSW, we continue to support this cruel industry by allowing animal fur including that from mink, seals, possums, rabbits and racoons to be imported and sold within our state. This is why Council taking such a stance is so important. 

NOTICE OF MOTION (submitted by Clr Kaliyanda)

 

That Council:

 

1.   Reviews its event policies and application forms and guidelines to prohibit the sale of fur products, mislabelled fake fur products, and other exotic animal skins on Council property, including looking at how an exemption for Aboriginal and Torres Strait Islander vendors that may be impacted could be applied;

 

2.   Writes to the Minister for Home Affairs to call for the introduction of random forensic testing of imported fake fur products, as well as an investigation into prohibition of fur product imports into Australia;

 

3.   Writes to the NSW Minister for Better Regulation and Innovation to request a fur task force be established to assess the size and impact of illegal fur labelling;

 

4.   Promotes through its website and other suitable communications channels:

 

a)   Information to help local residents and businesses report the sale of suspected illegal animal products to the relevant authorities;

 

b)   Ethical and sustainable alternatives to reselling or throwing out old or vintage fur products.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Karnib 

 

That Council:

 

1.   Reviews its event policies and application forms and guidelines to prohibit the sale of fur products, mislabelled fake fur products, and other exotic animal skins on Council property, including looking at how an exemption for Aboriginal and Torres Strait Islander vendors that may be impacted could be applied;

 

2.   Writes to the Minister for Home Affairs to call for the introduction of random forensic testing of imported fake fur products, as well as an investigation into prohibition of fur product imports into Australia;

 

3.   Writes to the NSW Minister for Better Regulation and Innovation to request a fur task force be established to assess the size and impact of illegal fur labelling;

 

4.   Promotes through its website and other suitable communications channels:

 

a)   Information to help local residents and businesses report the sale of suspected illegal animal products to the relevant authorities; and

 

b)   Ethical and sustainable alternatives to reselling or throwing out old or vintage fur products.

 

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

 

Councillors voted unanimously for this motion.


ITEM NO:       NOM 02

FILE NO:        281456.2020

SUBJECT:     Liverpool Civic Place

 

BACKGROUND

 

Council’s role is to manage ratepayers funds prudently and in a transparent fashion.

Many members of the community are concerned about the significant risk that council is taking in developing its land at 55 Scott St, also known as Civic Place.

This motion calls on Council to outline the clear financial risk to ratepayers and let them know what their liability is.

 

NOTICE OF MOTION (submitted by Clr Ayyad)

 

That Council:

 

1.   Provide a public report on how much the total debt will be when Civic Place is completed;

 

2.   Provide a public report on how much the total repayments will be on an annual basis and for the life of the loan;

 

3.   Inform the community of how the debt repayments will be funded if there is no tenant for Civic Place or the other vacant space in 33 Moore Street, including the library;

4.   Make public the results from the community consultation that was conducted earlier this year; and

 

5.   Report all the above back to council at the November Council meeting.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Ayyad                 Seconded: Clr Hadchiti

 

That Council:

 

1.   Provide a public update on the Council’s website on how much the total debt will be when Civic Place is completed;

 

2.   Provide a public update on the Council’s website on how much the total repayments will be on an annual basis and for the life of the loan;

 

3.   Inform the community of how the debt repayments will be funded if there is no tenant for Civic Place or the other vacant space in 33 Moore Street, including the library;

4.   Make public the results from the community consultation that was conducted earlier this year;

5.   Provide Councillors and the community with sufficient information to be adequately informed in-line with the advice from the Office of the Local Government officially dated 13th October 2020; and

 

6.    Provide information about the project on Council’s website by December 2020 and links to the progress of the project.

 

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

 

Councillors voted unanimously for this motion.

 


 

 

CONFIDENTIAL ITEMS

ITEM NO:       CONF 01

FILE NO:        244956.2020

SUBJECT:     Order of Liverpool Awards

This item was dealt with later in the meeting in Closed Session pursuant to the provisions of s10A(2)(a) of the Local Government Act 1993 because it contains personal matters concerning particular individuals (other than councillors).

 


ITEM NO:       CONF 02

FILE NO:        263224.2020

SUBJECT:     Legal Affairs Report - 1 July 2020 to 30 September 2020

 

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

 

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

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

 


ITEM NO:       CONF 03

FILE NO:        269006.2020

SUBJECT:     Project 24

 

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

 

That Council:

 

1.    Withdraw from Project 24 effective from the end of the current Industry Consultation process that Project 24 is undertaking by advising Macarthur Strategic Waste Alliance of its decision as soon as it is practical to do so;

 

2.    Take the findings from the Industry Consultation and utilise it towards the understanding of the market for the future of waste in Liverpool;

 

3.    Commence the development of a new Waste Strategy for Council addressing key opportunities that it can capitalise on based on the changes to the industry;

 

4.    Based on the new waste strategy, develop a plan to undertake the procurement of all the waste processing services that expire in June 2024;

 

5.    Explore opportunities within the Liverpool City Council Local Government Area to develop a strategy around land acquisition for waste facilities or transfer station under risk share and profit share model; and

 

6.    Review the Waste Strategy to take into account the new 20-year Waste Strategy when released by the NSW Government to move the Council’s waste management forward and in line with the NSW Government’s targets.

 

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


ITEM NO:       CONF 04

FILE NO:        273292.2020

SUBJECT:     Confidential Question With Notice - Management of the operating system for the parking meters

 

Please address the following:

 

Is there anything that restricts Council from seeking expressions of interest or calling for a tender to supply the management of the operating system for the parking meters throughout our LGA?

 

Response:

 

Council has the following two agreements with Duncan Solutions associated with the parking meters:

 

·         Parking Meter contract- This expired on 10 March 2020 and is currently on carryover. This can be terminated with one month’s notice.

·         Park and Pay App agreement- Under the agreement Council is required to provide 90 days notice to terminate.

Given the current contractual arrangements, there is nothing preventing Council going to tender and upon the selection of a proponent, ceasing existing arrangements with the above notice periods.

 

It is noted that Council resolved at the 30 September meeting to “undertake a market assessment to understand what technology is in the market with a view to undertaking a competitive selection process”.

 

On this basis staff are currently undertaking a market assessment which will inform the tender specifications prior to going to tender.

 


Mayor Waller advised that Council would now move into Closed Session to deal with Items CONF 01 – Order of Liverpool Awards, CONF 05 – Woodward Place Master Plan and CONF 06 – Liverpool Animal Shelter pursuant to the provisions of S10A(2) of the Local Government Act 1993 as outlined below:

·         CONF 01 – Order of Liverpool Awards is confidential pursuant to the provisions of s10A(2)(a) of the Local Government Act 1993 because it contains personal matters concerning particular individuals (other than councillors).

 

·         CONF 05 - Woodward Place Master Plan and CONF 06 – Liverpool Animal Shelter are confidential pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 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.

 

Council moved into Closed Session at 8.46pm.

COUNCIL IN CLOSED SESSION

ITEM NO:       CONF 01

FILE NO:        244956.2020

SUBJECT:     Order of Liverpool Awards

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty

 

That:

 

1.    Council endorse the awards recipients as recommended by the Civic Advisory Committee at its meeting of 2 September 2020 subject to the amendment made at its meeting of 6 October 2020; and

 

2.    The Civic Advisory Committee Charter be reviewed to ensure the suitability of the nominees and what would exclude them from the Award.

 

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

 

Clrs Shelton, Rhodes and Hadid asked that they be recorded as having voted against the motion.


ITEM NO:       CONF 05

FILE NO:        263698.2020

SUBJECT:     Woodward Place Master Plan

 

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.    Endorse the Woodward Place Master Plan for further agency and community engagements;

 

2.    Approve the commencement of negotiation with CLC, with the intention to acquire or otherwise seek compulsory acquisition of the CLC land, and report back to Council for final approval;

 

3.    Provide sufficient funding for further works as highlighted in the report; and

 

4.    Provide a separate report to Council for the masterplan adoption.

 

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


ITEM NO:       CONF 06 – Confidential Addendum Book

FILE NO:        273423.2020

SUBJECT:     Liverpool Animal Shelter

 

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes             Seconded: Clr Harle

 

That Council:

 

1.    Endorse Rossmore Grange, Austral (Lot 1016 DP 258344) as the preferred site for the Liverpool Animal Shelter on the basis that it would incur no additional land cost to Council with further detailed studies of the site being required;

 

2.    Direct the Acting Chief Executive Officer to proceed with the process required to amend the plan of management and prepare a planning proposal to amend the Liverpool Local Environmental Plan 2008 to permit, with development consent, an “animal boarding or training established” on the site, including an appropriate budget allocation for the necessary studies to support the planning proposal;

 

3.    Note that a further report will be submitted to Council regarding the progress of the planning proposal, including the advice of the Liverpool Local Planning Panel and detailed design/costings;

 

4.    Approve the costs associated with establishing a new Animal Shelter on the site to be funded by proceeds of sales from surplus land (which will be considered by Council at the November 2020 meeting). In the instance Council does not resolve to sell surplus land, then the Animal Shelter be funded via a T-Corp loan; and

 

5.    Approve an extension of the interim arrangements with Rossmore Vet for a further period as outlined in this report.

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

 

Councillors voted unanimously for the motion.

 

 

The meeting reopened at 9.33pm.

 

Mayor Waller then read out the resolutions for CONF 01 - Order of Liverpool Awards, CONF 05 - Woodward Place Master Plan and CONF 06 - Liverpool Animal Shelter (as shown above) that were passed in Closed Session.   


 

THE MEETING CLOSED AT 9.35pm.

 

 

<Signature>

Name: Wendy Waller

Title:    Mayor

Date:    25 November 2020

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  27 October 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.