That the minutes of the Ordinary Meeting held on 24 February 2021 be confirmed as a true record of that meeting.

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

Mayoral Minute

ITEM NO:       MAYOR 01

FILE NO:        093897.2021

SUBJECT:     Thank You for Support Provided During Severe Weather Event

BACKGROUND

On the weekend of 20 March, a severe weather event inundated the Local Government Area, causing widespread flooding which had a major impact on the road networks and drainage channels.

Working around the clock from Saturday 20 March, Council’s City Presentation Team proactively patrolled the Local Government Area attending to numerous emergency call-outs and managing flash-flooding locations, clearing blocked drainage channels, redirecting rapids away from homes, clearing debris to make roads safe, and executing traffic control management plans with road closures and detours.

Our recovery efforts now focus on an assessment of all Council areas and facilities. As the flash flooding areas recede, our Teams have moved from immediate response mode to an assessment and recovery phase. All areas will be assessed to determine the damage, and this will provide visibility of risks and priorities to be addressed.

The Council’s City Presentation Team and State Emergency Services along with other members of the Local Emergency Management Committee played an important role in providing immediate responses to critical issues impacting the community and keeping people safe. Our community is thankful that no community members were evacuated, and no homes or lives were lost during this event.

COUNCIL DECISION

Motion:                                  Moved: Mayor Waller

That Council:

1.      Acknowledge and thank all staff involved for their diligent and tireless work during the severe weather event; and

2.      Write to the Liverpool NSW State Emergency Service and the Local Emergency Management Committee to thank them for their service and support in assisting the local community during the severe weather event.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Shelton

That Council:

1.      Approves the scale of payment of fees to the chairperson and independent members of the Audit, Risk and Improvement Committee, as set out in this report; and

2.    Refers the budget for payment of fees for the chairperson and independent members of the Audit, Risk and Improvement Committee to Council’s next quarterly budget review.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                   Seconded: Clr Kaliyanda

That Council:

1.      Notes the Gateway determination for Liverpool Local Environmental Plan 2008 (Amendment 75) and the results of public exhibition and community consultation on the Austral/Leppington North Planning Framework.

2.      Proceeds with Liverpool Local Environmental Plan 2008 Amendment 75 (Attachment 1) and forwards the amendment to the Department of Planning, Industry and Environment for finalisation and gazettal.  

3.      Approves amendments to Liverpool Growth Centres Precinct DCP in accordance with Attachments 2 and 3, on publication of the required notice and to come into effect once Liverpool LEP 2008 Amendment 75 is gazetted.

4.      Endorses Liverpool Contributions Plan 2021 – Austral and North Leppington Precincts (Attachments 4 and 5) and forwards the contributions plan to the Independent Regulatory and Pricing Tribunal (IPART) for assessment followed by consideration of IPART’s assessment by the Minister for Planning and Public Spaces (or nominee).

5.      Receives a further report following IPART’s assessment and the Minister’s advice for adoption of Liverpool Contributions Plan 2021 – Austral and North Leppington Precincts as an ‘IPART Reviewed Contributions Plan’.

6.      Delegates to the Chief Executive Officer authority to make any typographical amendments and consequential changes to maps and works schedules in the DCP and CP if required.

7.      Directs the CEO to further investigate issues relating to odour impacts and dwelling density/variety controls in the Austral/Leppington North Precinct, with a further report back to Council.

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

The Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Rhodes

That Council receives and notes the report.

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

The Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

That Council:

1.    Supports the renaming of Impala Street to Dagostino Street, Austral;

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 and notify adjacent landowners, 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.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

That Council:

1.      Notes the successful application for grant funding totalling $59.1 million for the staged upgrade of Edmondson Avenue from Bringelly Road to Seventh Avenue, Austral to a four-lane road and for design investigations for the upgrade of Denham Court Road from Commissioners Road to Campbelltown Road, Denham Court to a four-lane road.

2.      Writes to the Minister for Planning and Public Spaces expressing Council’s appreciation for the funding allocation and to seek a commitment for additional funding to complete the upgrade of the remaining section of Edmondson Avenue from Seventh Avenue to Fifteenth Avenue and for the full upgrade of Fifteenth Avenue.

3.      Lobby the State Government to contribute funds for the complete upgrade of Edmondson Avenue and Fifteenth Avenue.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Rhodes

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 Harle

That Council endorse the attendance of Councillor Balloot at the National General Assembly

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council endorse the inclusion of the following clause to the eligibility criteria of the Order of Liverpool Awards and Australia Day Awards:

“A confirmed breach of Code of Conduct, finalised through Council process for breach of Code of Conduct in the previous 12 months, prior to the close of nominations precludes from being considered for an award until nominations are being called for the following 12 month period.”

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

Clr Hadchiti and Clr Shelton asked that they be recorded as voting against the motion.

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council endorse the inclusion of the following clause to the eligibility criteria of the Order of Liverpool Awards and Australia Day Awards:

“A breach of Council’s Code of Conduct in the previous 12 months would preclude a nominee from being considered for an Award”. 

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

Clr Hadchiti, Clr Rhodes and Clr Shelton asked that they be recorded as voting against the motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That Council:

1.    Approves by resolution pursuant to section 55 (3) (i) of the Local Government Act 1993 not to tender for existing services on the grounds that (i) because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution  that a satisfactory result would not be achieved by inviting tenders in so far as:

1.1  The existing system is a market leader having significant participation in local and state government;

1.2  The likelihood the tender process achieving an equivalent or superior system is remote given the supplier saturation of the market;

1.3  The existing systems are integral software packages allowing Council to meet customer service objectives across all service delivery areas;

1.4  Operations are familiar with the platform having successfully used the systems for many years;

1.5  Migrating to alternative systems at this time would be both cost prohibitive and difficult to achieve.

2.    Delegate authority to the CEO to enter into direct negotiate with the incumbent suppliers pursuant to 55(3)(i) of the Local Government Act 1993.

·      AAM Pty Ltd - Verti GIS - Geocortex

·      ESRI Australia - ESRI

·      Hexagon Geospatial - Apollo

3.    Delegate to the CEO authority to enter into a formally binding licenced contract with the existing services providers for a period of five (5) years with the option to extend for a further 2 12-month intervals.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Ayyad

That Council delegates authority to the CEO to directly procure Apple smart devices from Apple PTY LTD pursuant to S55(3) (i) of the Local Government Act 1993 for a period of up to 3 years.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council

1.      Note that the State Government is undertaking studies of the area and it is unknown how long these studies will take, and defer the matter until such time as:

·         the latest flood event is adequately assessed by independent consultants in relation to the proposed flood study.

2.      Investigate illegal fill and undertake flood mitigation works in the areas covered by the draft flood maps;

3.      Lobby the State and Federal Governments for funding to mitigate the effects of flooding in the areas covered by the draft flood maps; and

4.      Look at current flood maps based on the local history, going back to the 2019 flood, and consult with the local community about how this relates to the existing flood maps and provide a further report to Council.

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

The Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.      Receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 5 February 2021; and

2.      Provide a report to strategic panel once the changes to the legislation regarding the private certifiers has been made available, regarding the :

a)    How the Council’s planning instruments are protected from being undermined by non-conformance to the Council’s Planning instruments by private certifiers;

b)    The changes to legislation regarding Private Certifiers reserved under the department of Fair Trading as suggested by ARIC;

c)    How the Enforcement Standard may be changed to meet the ever changing challenges in the needs of the Liverpool Community;

d)    The Enforcement Standards should be included in the report so that people can read them again; and

e)    Including the complaints that have been received and the outcome of any investigation.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council:

1.    Receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 9 February 2021; and

2.    Endorse the recommendations in the Minutes.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council receives and notes the Minutes of the Environment Advisory Committee meeting held on 8 February 2021.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council receives and notes the Minutes of the Strategic Panel Meeting held on 8 February 2021

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council adopts the following recommendations of the Committee:

Item 1 - Manning Street, Priddle Street and Scrivener Street, Warwick Farm – Review of Parking Restrictions.

·           Approves transverse line marking between 2m and 7m on either side of major driveways along Manning Street, to accommodate safe turning movements.

·           Centre and edge line marking along sections of Manning Street, Priddle Street and Scrivener Street.

Item 2 - The Northern Road, (realigned road section), Bringelly - Request for Parking Restrictions.

·           Approves proposed timed ‘No Parking’, bus stop and associated signs and line marking scheme.

Item 3 - Strzlecki Drive and Singleton Street, Carnes Hill – Proposed Traffic Facilities.

·           Approves a pedestrian refuge at the intersection of Strzlecki Drive and Schoeffel Grove, two speed humps across Strzlecki Drive as well as minor intersection treatments at Strzlecki Drive - Singleton Street and Strzlecki Drive  -Rosedale Circuit intersections.

·           Detailed design of the facilities be submitted to TfNSW for comment, prior to construction.

·           Community consultation to be carried out with the affected residents prior to construction.

Item 4 - Nuwarra Road and Marshall Avenue Intersection, Moorebank - Request for Intersection Treatment.

·           Approves installation of a mountable roundabout at the Nuwarra Road and Marshall Avenue intersection, Moorebank.

·           Detailed design of the roundabout is to consider tree planting in the central island.

·           Approves C3 yellow linemarking on the northern side of the intersection, along Clyde Avenue. 

·           Council to undertake community consultation prior to installation.

·           Council to investigate options for imposing a load limit along Nuwarra Road, in consultation with TfNSW.

Item 5 - Brickmakers Drive/Christiansen Boulevard/Greenview Drive, Moorebank – Request for a Pedestrian Crossing Facility. 

·           Approves construction of a gap through the eastern splitter island at the Brickmakers Drive/Christiansen Boulevard/Greenview Drive roundabout, to act as a pedestrian refuge.

Item 6 - Mannow Avenue, West Hoxton – Proposed Line marking Scheme.

·           Approves separation signs and line marking scheme along the section of Mannow Avenue, west of Carmichael Drive.

Item 7 - Fourth Avenue/Tenth Avenue, Road upgrade, Austral – Proposed signs and line marking scheme.

·           Approves road upgrades along sections of Fourth Avenue and Tenth Avenue, two roundabouts at Fourth Avenue/Tenth Avenue and Fourth Avenue/ Eleventh Avenue intersections and associated signs and line marking scheme.

Item 8 - New Subdivisions – Proposed signs and line marking schemes.

·           Approves signs and line marking at the intersection of Eighth Avenue and Muster Street.

·           Signs and line marking at the intersections of Stock Street (half-road), Hackney Street and an unnamed laneway.

Item 9 - Hume Highway – Proposed Cycleway.

·           Approves sign and line marking scheme for the proposed shared path.

Item 10 - Northumberland Street, Liverpool – Proposed Parking restrictions.

·           Approves a works zone along the section of Northumberland Street and No Stopping restrictions along Laurantus Serviceway between 7am-6pm, MON-FRI, 8am-1pm SAT.

·           Advise all stakeholders of Council’s resolution.

Item 11 - Items Approved Under Delegated Authority.

Approve delegated authority applications approved by the NSW Police Force and RMS representatives during the period 19 November 2020 and 3 February 2021.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 4 February 2021.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Kaliyanda

That Council adopts the minutes of the Budget Review Panel meeting held on 18 February 2021.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council:

1.    Receives and notes the minutes of the Tourism and CBD Committee meeting held on 23 February 2021; and

3.    Endorse the recommendations in the minutes.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes               Seconded: Clr Hagarty

That Council receives and notes the minutes of the Intermodal Precinct Committee.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That Council receives and notes the Minutes of the Liverpool Sports Committee meeting held on 25 February 2021.

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

Please address the following:

1.   Has the board walk which formed part of the developers VPA at the Paper Mill been approved for construction?

Response

A voluntary planning agreement (VPA) was entered into between Council and the following parties:

·           Shepherd Street Developments Pty Ltd

·           Coronation (33 Shepherd St) Pty Ltd

·           Coronation (28 Shepherd St) Pty Ltd

·           Coronation (26 Shepherd St) Pty Ltd

·           Shepherd Property Nominee Pty Limited

The purpose of the VPA is to deliver infrastructure and financial contributions to support the redevelopment of the Shepherd Street precinct. Council has been dealing directly with Coronation in relation to the delivery of the infrastructure items included in the VPA, including the riverbank works (bank stabilisation and shared path) subject to this question with notice.

There are two key approvals required from Council to enable the commencement of works:

1.    Approval under Part 5 of the Environmental Planning and Assessment Act

2.    Licence for occupation of Council land for a works compound

The Part 5 approval is facilitated by a “Review of Environmental Factors” or REF. The REF is prepared by the proponent and then assessed and approved by Council. Coronation has provided Council with a REF to review and approve. Council have required some additional information and clarification of specific issues to ensure that the REF is suitable for the works.

Final assessment has been made on the REF by Council. On 18 March 2021, Council received the final documentation that it requires to complete this assessment. If this documentation addresses the requirements of the VPA and the issues raised in submissions, then the REF will be approved. Council acknowledges the risks of continued erosion of the bank adjacent to the development site and are working quickly to finalise the approval.

In relation to the works compound, Council have issued a draft site compound licence to Coronation for their review. This draft licence has been subject to a public exhibition process in accordance with the requirements of the Local Government Act.

Once the REF is approved and the licence executed, all relevant Council approvals will be complete.

Please address the following:

1.   Council was to introduce Service Level Agreements between departments. Has this been implemented?

Response

All Council departments have developed a draft set of internal customer service levels which include response and turn-around times for interdepartmental activity. 

Although these have been developed, Council’s Executive has determined that the implementation of internal customer service levels needs to be aligned to the broader organisational service and budgeting review which is currently being undertaken. This would mean that both internal and external customer service level agreements will be streamlined with a focus on key service outcomes. These will be consistent across the organisation with accountability and clarity around turnaround times ingrained in their development. 

By aligning the internal customer service levels with Council’s broader service and budgeting review, Council can ensure that internal customer service levels include the appropriate monitoring, reporting and accountability measures and that these are embedded into the day to day operations of Council. 

Please address the following:

1.   Council is undertaking a city-wide heritage review.  My understanding is staff have identified sites that will form part of this review.  If these sites are privately owned have the owners been notified that their property will be reviewed or will the first they know of it be when the report is presented to Council?

Response

Council is preparing a detailed project brief for the proposed Liverpool Heritage Study project. Council will go to market via an Expressions of Interest process to identify suitable consultants. The EOI process is schedule to commence by the end of April 2021 with shortlisting in May 2021. Subject to a budget allocation in the 2021/22 financial year, the shortlisted consultants will be invited to tender in July/August 2021.

This project is a comprehensive community-based heritage study for the Liverpool Local Government Area. At this stage, no properties, beyond any requests for Interim Heritage Orders, have been identified or assessed.

The proposed community-based heritage study will consist of at least four components, as follows:

1.    A detailed thematic history of the Liverpool area;

2.    The Heritage Study;

3.    Land Use Planning Analysis; and

4.    Financial Implications Analysis.

A list of potential heritage items will be created through a series of community workshops, engagement through Council’s digital platforms, and consultation with identified key stakeholder groups. The list of potential items collated through this process will be analysed by the independent heritage consultant, compressing the list down to a schedule of potential items that meets the Heritage Significance Assessment criterion. This list will not be made public, at this stage of the project.

Engagement with the owners of potential heritage items will commence at this stage of the project and the engagement program will consist of the following:

1.    Initial notification to owners of the identification of their property, and a factsheet will be prepared that that will outline the study process and the timeframe. A request will also be made for Council’s consultant team to visit the property to inform the assessment process. This will also give the owner an opportunity to meet the consultant team, to discuss the process and provide any information they feel is necessary.

2.   Following the initial notification, a Q&A forum will be held with all owners of potential heritage items. The forum panel will consist of the heritage, land use planning and economic experts of the independent consultant team as well as Council’s heritage and planning representatives. The forum will be chaired by an independent community engagement specialist and will provide all owners an opportunity to ask questions relating to potential heritage listing and to get answers from the panel. Where questions cannot be answered, these will be taken on notice and a formal response will be provided after the forum. All questions and answers will be documented, and a draft will be provided to all attendees to confirm the question and answers provided.

3.   During the Land Use Planning and Financial Implications analysis, one-on-one interviews will be held with each owner of a potential heritage item. The purpose of these interviews will be to understand the condition of the building, future intentions of the owner and any potential financial challenges. This information will form part of a confidential report which will inform an analysis outlining the issues identified and provide recommendations or mitigation measures. The analysis will be a public document, however, will not identify specific owners and properties and their identified situations.

4.   The outcome of the assessment process will then be presented to each owner in a detailed letter. Opportunities will be provided for the owner to again meet with the consultant team to discuss the outcome and potential implications.

5.   The outcomes of these detailed consultation stages with the owners will be documented and summarised in a stakeholder engagement report that will be tabled to Council with the draft study. Where owners clearly object to the listing of their property, this will be documented along with the reasonings and a response from the consultant team.

The proposed approach to consultation with owners of potential heritage items is extensive and will occur before a draft is presented to Council. The proposed consultation program is greater than what is recommended for heritage studies, but Council considers it important to bring owners into the process early and to have them actively involved.

Please address the following:

1.    Council allocated approximately $3m to the City Presentation team for the purchase of new equipment.  What machinery was purchased and how was this determined?

Response

In 2019, the City Presentation Directorate requested additional funding for the purchase of plant and equipment to address the increasing servicing requirement across the expanding Local Government Area. Council Resolution (Corp 03 dated December 2019) approved budget variations for the transfer of $1.5M of unrestricted reserves to City Presentation.

In March 2020, the Managers for City Works (Parks and Civil), Waste and Cleansing as well as Operational Facilities presented individual rationales to the Director of City Presentation for consideration.  A review of service and maintenance programs in each area was undertaken, and a final decision of plant and equipment acquisitions was based on service priorities.

The acquisition strategy evolved from the original list as presented in the Memo to the Mayor and Councillors dated 6 March 2020.

Please refer to the table below, outlining the latest commitments.

It is important to note - “the current lead-time for tendering plant and equipment in accordance with the Local Government Act 1993 – Section 55 and Local Government (General) Regulation 2005, Part 7 would take approximately 6 months to purchase. In addition, average manufacturing time range anywhere from 3-8 months, once contracts are awarded. This means there would be a lead-time of a maximum total of 14 months before plant is available to our workforce”.

The Council’s priority at the time was to ensure the plant renewal budget of over $4M to replace the aging plant and equipment had to be delivered first, to meet the Council’s safety obligations under the National Heavy Vehicle Law (NHVL).

The expenditure of the $1.5M for plant and machinery commenced after this initiative in a two-phased procurement process, which allowed Council to manage the budget and take into account uncertainty associated with market pricing.

The procurement process takes approximately 6-9 months to scope and go through the procurement cycle. In addition, significant events such as the NSW Bushfires in December/January 2019/2020, the February flood event in 2020 and the COVID19 pandemic presented significant challenges across manufacturing, logistics, as well as, shipping and transport which further impacted the timeline.

The Council aims to have all plant and equipment purchasing completed by December 2021.

Please address the following:

1.    What is the wait time as at 15 February, 2021 for a household clean up service (waste pick up)?

Response

Currently Council’s website states “please book at least four weeks in advance”, our current service timeframes range from four to six weeks which is in line with our current resourcing (Waste Operatives and Plant availability).

On 1 February 2021 Council launched a new booking system, which has been well received by the community. The ease of the new booking system has introduced a positive impact with increased bookings which has also led to the lead times increasing.

Each household is permitted two bookings per year at a maximum capacity of 2 tonnes allowed per booking.

Starting on 22 February 2021 our Waste Teams’ maximum capacity for household collections is up to 175 collections per day. This was increased from 140 collections per day once the acquisition and roll out of the five new Compactors (Trucks) was completed.

Council is currently reviewing resourcing to improve wait times and service delivery to the community.

Please address the following:

1.    Who is responsible for the dangerous one lane bridge on Sixth Avenue, Austral close to the intersection of Thirtieth Avenue?

Response

The bridge on Sixth Avenue, Austral near its intersection with Thirteenth Avenue, crosses the Water NSW Upper Canal. Water NSW owns the bridge and has responsibility for its maintenance.

The road approaches to the bridge have been inspected and stop signs have been relocated. In addition, overgrown grass which was obstructing sight distances has been mowed to improve visibility on the bridge approaches.

Water NSW engaged consultants last year to assess heavy vehicle movements across the bridge and as a result, an 18-tonne load limit to restrict heavy vehicles has been imposed. The load limit signs will be installed this month.

To reduce traffic speeds on the bridge approaches, the Liverpool Pedestrian, Active Transport and Traffic Committee will consider the installation of two rubber speed humps on either side of the bridge at its meeting on 17 March 2021.

When the Austral / Leppington North precinct was zoned by the NSW Government, no provision was made for the widening of this bridge, including within the Contributions Plan. Further, Browns Road is to be upgraded to a collector road linking Austral to Bringelly Road which then crosses the Upper Canal to the east.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council starts a conversation with Water NSW with the ultimate aim to widen the one lane bridge on Sixth Avenue, Austral close to the intersection of Thirtieth Avenue.

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

Please address the following:

1.    Twenty Sixth Ave Austral is in desperate need of resurfacing.  Is it on the program of works?

Response

Council acknowledges that the condition of Twenty Sixth Avenue is very poor with extensive surface and pavement failures, which are beyond the scope of normal maintenance repairs. Accordingly, Council has scheduled major repairs and resurfacing of the full length of Twenty Sixth Avenue, between Stuart Road and Twenty Fifth Avenue. At this stage, these works are planned to be completed in May 2021.

Please address the following:

1.    Parts of Edmondson Avenue, Austral have been resurfaced.  Are there any plans to finish off the Bringelly Road end?

Response

Council’s Civil Maintenance Team repaired several deteriorated road sections in Edmondson Avenue towards Fifteenth Avenue in September 2020.

Additional funds were required to complete the works and Council endorsed $120,000 to be transferred to this project in the first quarter budget review. Repair and resurfacing works which will include the Bringelly Road end, have been programmed to commence in April 2021 and are anticipated to be completed by the end of June 2021.

Council’s Civil Maintenance Team continues to be committed to undertaking routine inspections and road repairs as required until the proposed upgrade of the two-lane divided road construction is completed as part of future programmed capital road works.

Please address the following:

1.    Is there anything that stops Council from considering adding extra road lanes on Greenway Drive West Hoxton (East bound) between Cowpasture Road and Wyattville Drive?

Response

Greenway Drive is a collector road providing access to the southern part of West Hoxton between Cowpasture Road and Joshua Moore Drive. With its intersection with Joshua Moore Drive, Greenway Drive forms a loop road (between Cowpasture Road north and Cowpasture Road south).

The section of Greenway Drive between Cowpasture Road and Wyattville Drive is a two-lane divided road. Cowpasture Road is a state road under the care and control of Transport for NSW (TfNSW). It has a signalised intersection with Kurrajong Road and Greenway Drive, which permits all turning movements. The section of Greenway Drive between Cowpasture Road and Wyattville Drive is the western leg of the intersection.

The signal operation particularly in the AM peak periods results in traffic queues and congestion along this road section. The western approach to the signals has a lane configuration as shown below, with a left turn slip lane, a through lane and a short right turn lane of approximately 60m. The congestion (along this approach) could be the result of queueing vehicles blocking the left turn or through traffic movements.

This section of Greenway Drive has a carriageway width of approximately 12m with a 2m raised concrete median island. The eastbound carriageway width is approximately 5m wide. To accommodate an additional eastbound traffic lane, the carriageway will need to be widened by approximately 1.5m.This will require reconfiguration of the existing traffic lanes involving narrowing, reconstruction of the existing central median island to the south and/or minor kerb adjustment. Such reconfiguration involves changing the western approach to the signalised intersection with Cowpasture Road and will require consultation with and approval by TfNSW.

Upgrading this road section is not identified in Council’s capital works program. Council will develop preliminary designs, undertake necessary agency consultation and advise Councillors of the outcome.

Following this, detailed costings and designs can be prepared for Council’s consideration for inclusion in the capital works program for funding consideration in future financial years’ budgets.

Please address the following:

1.    When was the last time a drive through was done to inspect the quality of roads in the rural area?

Response

The Council inspects its road network using external consultants and internal crews.

Council also undertakes a comprehensive condition survey of road assets including rural roads every 4 years using an external expert. This informs the Council of the long-term financial forecast for the road assets. The last comprehensive survey was completed in 2018. Approximately 890 km of the road assets were inspected during this survey including 158 km of the rural roads.

Council’s maintenance crews undertake an inspection of rural roads regularly and aim to complete the tasks within 6 to 12 months. The major arterial roads (Fifteenth Avenue, Badgerys Creek Road, Edmondson Avenue, Greendale Road, etc.) are inspected monthly.

Currently, inspections and maintenance of roads in rural areas are undertaken by Council’s City Presentation Team. There is a total of 5 teams (Crews) in City Presentation which focus on civil maintenance for the Council’s entire road network and that includes:

·           Minor Patching Teams – focus on minor patching and potholes

-        the Minor Patching Teams comprises of 3 Crews with 8 staff members operating 3 key pieces of plant - Flo-con machines (quantity 2) and one Jet Master system.

·           Heavy Patch Team – focus on larger and lengthy road repairs

-        The Heavy Patch Team comprises 1 Crew with 5 staff members operating heavy plant such as backhoe and road roller.

·           Shoulder Team – focus on reconstructing road shoulders (edges and natural causeway) of the side of the road.

-        The Shoulder Crew comprises 1 Crew with 6 staff members operating heavy plant bobcat, excavator and road roller and grader.

For larger and more complex works which require a specialised plant, City Presentation engages external contractors to undertake the works.

Council’s maintenance team manages the rural roads using the above-mentioned crews if they have safety and complaint issues. In addition to the above, road shoulder reconstruction and grading works are also undertaken by the Depot for rural roads. 

Council manages its road network including the rural roads at set standards and makes sure they are accessible all year.

Please address the following:

1.    Do all Council owned/managed properties have an up to date Annual Fire Safety Statement (AFSS)?

Response

There are currently 69 Council owned properties on the Annual Fire Safety Statement register. As at 22^nd March 2021, 65 are up to date and 4 are overdue which are listed below.

Over the last 10 months, Council has worked diligently to put in place appropriate resources, budgets and work schedules to maintain a sustainable program of fire safety certification across our property portfolio. Even though this meets compliance standards, Council has an appetite to progressively move towards best practice with regards to Fire Safety.  

In order to progress to best practice, Council has engaged an independent fire safety engineer to complete a due diligence process to validate the integrity of the schedule’s base line data, identify opportunities for full functional testing and identify those Fire safety assets within its properties which aren’t itemised on the schedules.

Council intends to translate the outcomes of this report into a program of capital works and a revision of Council Property Fire Schedules where applicable.

Please address the following:

Mobile Office Services

1.    People in the Community who are not computer literate, have no internet service, and consequently are not on facebook or other social media platforms have asked when is Council intending to start Council Mobile Office services again?

2.    What else can Council do to bridge the communication gap with constituents who are not Computer or smart phone savvy?

Response to point 1

The last Council Mobile Office was held on 12 February 2020 and then ceased due to Covid-19.

Staff propose to recommence Mobile Offices in May and hold another one in July for the current term of Council.  

It’s intended that Mobile Offices then continue to be held bi-monthly in the new term of Council.

A response to point 2 of this QWN will be provided in the April 2021 Council meeting business papers.

Please address the following:

1.    Once a customer service request is made whether on line or over the phone, what measures are in place to ensure that the request is actioned?

Response

All customer requests are issued with a unique identifier. Once a customer request is lodged it is assigned to an actioning and responsible officer in the relevant department. 

At times customers call Council to request an update on their request, if it is found that the request is unactioned a follow up request will be issued to the actioning/responsible officer.

Customer Service rely on the information updated in the customer request to update the customer on the progress.

At times customer service requests are escalated to People Leaders for follow up or actioning.

Monthly reporting is available and reported on for outstanding customer request trend analysis.

Please address the following:

1.    At the last ordinary meeting Council passed a resolution to create a ‘Climate Action Plan’.  What community consultation will take place prior to the implementation of such plan and will this plan include a dollar cost which ultimately will be paid for by the ratepayer?

Response

The development of a Climate Action Plan is likely to include a public exhibition period prior to adoption. The scope of the Plan will be informed by the scheduled Councillor workshop, and may include cost estimates for pertinent actions. However, until funding opportunities (such as grants) and cost savings are further explored, it may not be possible to identify the cost to the ratepayers.

Please address the following:

1.    Can a graph please be put together showing Council’s debt level from 2008 to 2028 based on current projections?

Response

The graph indicates that Council’s debt level will remain significantly lower than the OLG Benchmark ratio throughout the period to 2028.

Please address the following:

1.      Has the empty commercial floor space at 35 Scott St been leased out yet?

Response

The empty floor space is approximately 700 sqm, on Level 6 at 35 Scott St and is currently yet to be leased. Council has appointed a commercial agent to lease the space.

Please address the following:

1.      What percentage of the rate base would the repayments on the loan for Civic Place equate to?

Response

The loan for Liverpool Civic Place will be drawn in tranches during the construction period and full impact of loan repayment will be in 2024-25.

The loan repayment (after adjusting for LCLI interest subsidy) as a percentage of Council’s rate base (excluding Domestic Waste Management Charges) in 2024-25 will be 11.4%, calculated as follows:

Total Rates & annual charges                                     $165.7m

Less: Domestic Waste Management Fees                   $42.9m

General Rates & annual charges                                $122.8m

Loan Repayment (Less LCLI Subsidy)                         $14.0m

Repayment as % of rate base                                     11.4%

Council is expecting to generate an additional $8.4m in rental income. The repayment, after adjusting for an increase in rental revenue, as a percentage of Council’s rate base will be 4.6%

Please address the following:

1.      Can the CEO rule out based on Council’s current position that a request for an increase in rates will not be made for the 22/23 financial year?

Response

Council’s current financial projections do not indicate a need for any special rate variation in a short to medium term.

Please address the following:

1.      What is the status of food insecurity in the Liverpool LGA?

2.      As COVID-19 related restrictions have eased, what impact has this had on people accessing food relief?

3.    How are gaps in government support being met in the Liverpool LGA?

A response to these Questions with Notice will be provided in the 28 April 2021, Council Meeting Business Papers.

Please address the following:

1.      Has Council ever conducted a gender pay gap analysis for the organisation?

2.    If so, how does our Council compare to benchmarks?

A response to these Questions with Notice will be provided in the 28 April 2021, Council Meeting Business Papers.

Background

There is still a lack of infrastructure and services in our growth areas. Suburbs like Middleton Grange, Edmondson Park and Austral are poorly served with choked roads and a lack of bus services. This issue is set to become worse if it is not addressed quickly.

While Council is delivering on State Government housing targets, other levels of Government must provide their fair share such as main roads, bus services and regional infrastructure like hospitals, schools, police stations and top tier venue spaces.

Please address the following:

1.      What additional bus services are planned for our growth suburbs?

2.      When are these new bus services set to arrive?

3.      How are major upgrades to roads like Fifteenth Avenue funded?

4.      Are there plans for additional public services and infrastructure like hospitals, schools, police stations, ambulance stations in our growth suburbs?

5.    When are these expected to be delivered?

A response to these Questions with Notice will be provided in the 28 April 2021, Council Meeting Business papers.

Please address the following:

1.    Can all the documents relating to Civic Place, ie QS reports etc, be made public?

A response to this Question with Notice will be provided in the 28 April 2021, Council Meeting Business papers.

Please address the following:

1.    Currently landowners in the Aerotropolis are stuck in no man’s land based on the new zonings. Although a range of developments are permissible under the new zoning, applications are not able to be submitted or determined due to the lack of an infrastructure plan or infrastructure to service the land. What options are available to landowners for temporary use DAs? What discretions can Council apply if it chooses to allow structures to remain that are currently in place?

A response to these Questions with Notice will be provided in the 28 April 2021, Council Meeting Business papers.

Please address the following:

1.    Can the CEO please provide a map of the drainage channels that Council is responsible for in the rural/growth areas and a timeline for when they will all be cleared?

A response to these Questions with Notice will be provided in the 28 April 2021, Council Meeting Business paper.

Please address the following:

a)    There is a dramatic increase in dollar terms from the adopted budget to the current projections for consultants.  Can a reconciliation please be provided for that line item identifying the consultant, the amount spent, when the request for that consultant was made, the purpose and when it was first known that that consultancy work would be needed?

Response

Attached reconciliation of consultants’ expenditure. A significant increase in projected expenditure relate to the following:

a)    $3m grant funded (from the NSW Department of Planning & Infrastructure) consultancy on works undertaken by Western Sydney Planning Partnership Office;

b)    $400k grant funded (from the NSW Department of Planning & Infrastructure) consultancy on LEP review.

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council establish parking areas on verges and nature strips where safe to do so in accordance with NSW Road Rule 197 by:

a)   Identifying all streets in the Liverpool LGA where parking on the verge and nature strips can be safely permitted;

b)   Report back to May 2021 Council Meeting on areas found to be permissible together with the time it would take to implement and cost to appropriately sign post or paint roads indicating where such parking is permissible;

c)   Cease immediately any parking fines for vehicles parked on verges or nature strips as long as they are doing so safely and in accordance with the requirements of Road Rule 197 until Council has completed all necessary reports and implementation; and

d)   Promote on Council’s website, the press, and all Council social media platforms information to educate residents on Council’s intentions together with clear diagrams on legal and illegal parking.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hagarty

That Council receive a report in June 2021 on the progress of the Guidelines for the Assessment and Prioritisation of Parking along Narrow Streets resolution that was passed by Council in December 2019. The report is to include information on the costs of appropriate sign posting or painting of roads.

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

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council:

1.    Write to Minister for Western Sydney and DPIE seeking changes to State Planning legislation and planning regulations that will ensure the delivery of Liveable Communities that meets the current needs of the residents in Western Sydney.

2.    Seek supporting collaboration with all Western Sydney Local Governments, WSROC, Western Sydney State and Federal MP’s for changes to the State Planning legislation and regulations that includes:

a)   maximum permissible density in all areas subject to original zoning and identified infrastructure at the time of original zoning for green fill areas and

b)   maximum permissible densities in areas already developed subject to the existing supplied infrastructure.

c)   Set a percentage of variety of zoning densities in all new green fill developments that provides a choice of housing from premium larger blocks with single dwelling to smaller block sizes with a variety of dwelling types and levels of affordability.

d)   Increase the size of the smallest block size, in conjunction with the maximum permittable dwelling foot print per block to ensure deep soil opportunities for tree planting on each building block.

e)   Increase the minimum residential road width to 12m

f)    Increase the minimum off street parking required for any development to be aligned to the number of bedrooms for each dwelling and

g)   a minimum of one car space per affordable or social housing dwelling except where within 1000m of public transport.

h)   Increase the minimum building boundaries to 3metres from both side boundaries and 6m from the front and back block boundaries.

3.    Report back to April Council meeting on the success or otherwise collaboration with Western Sydney Councils.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.    Hold a Planning Liveable Communities workshop before June 2021 that addresses Council’s preparation for a submission on a proposed Design & Place SEPP that intends to encourage better design of places and buildings through establishing principles for the design and assessment of development. Through this submission, Council will be advocating for a review of the SEPP (Exempt and Complying Development Code) 2008 and other relevant SEPPs so that better design outcomes can be achieved throughout Western Sydney.

2.    Reinstate the Developers Forums.

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

NOTICE OF MOTION (Submitted by Clr Shelton, Clr Rhodes, and Clr Hadchiti)

That this Council develop a formal system for periodical written evaluation of its part in the City Deal.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

That this Council develop a formal system for periodical written evaluation of its part in the City Deal.

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

NOTICE OF MOTION (Submitted by Clr Kaliyanda)

That Council:

1.    Note the recent, alarming rise of racism in our community;

2.    Endorse and become a member of the “racism not welcome” campaign and continue to encourage advocacy and promotion of the campaign in the local area;

3.    Identify locations for street signage within our LGA;

4.    Provide a report to Council with street sign locations and cost implications; and

5.    Join the NSW Anti-Racism Working Group, an initiative of the Local Government Multicultural Workers’ Network.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hagarty

That Council:

1.    Note the recent, alarming rise of racism in our community;

2.      Receive further information about the “racism not welcome” campaign and continue to encourage advocacy and promotion of the campaign in the local area; and

3.      Join the NSW Anti-Racism Working Group, an initiative of the Local Government Multicultural Workers’ Network.

4.      Receive a report with recommendations on how the campaign can be implemented.

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

Division:

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

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

That Council:

1.    Approves the acquisition of Pt Lot 141 in DP 852633, being part of 305 Denham Court Road, Denham Court for the price and terms outlined in this report;

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

3.      Resolves to classify the part of Lot 141 in DP 852633 to be acquired 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 the Council is conducting (or proposes to conduct) business

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

That Council:

1.    Approves a Deed of Settlement and Release associated with dedication of Lot 39 in DP 1160527, Lot 39 Swoffer Avenue, Middleton Grange based on the terms outlined in this confidential report;

2.    Authorises the CEO or their delegated officer to execute a Deed of Settlement and Release any other document, under Power of Attorney, necessary to give effect to the decision in item 1 above; and

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 Council is conducting (or proposes to conduct) business.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That Council:

1.    Note the inspection reports by Fire and Rescue NSW, as shown in Attachment 1 and 2 and;

2.      Exercise its power to issue a Fire Safety Order as recommended by Council’s Fire Safety Officer to address the identified fire safety deficiencies.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

That Council:

1.    Appoints the following representatives to the Environment Advisory Committee in accordance with the terms of their appointment in the EAC Charter.

(a)    Community Membership

·    Ms Kacy Benfield

·    Mr Stephen Dobell-Brown

·    Ms Rosalyn Faddy

·    Ms Ellie Robertson

·    Mr Joseph Rover

·    Mr Olusegun Samuel

·    Mr Robert Storey

·    Mr Joseph Tharrappel

·    Ms Signe Westerberg

·    Ms George Youssef

(b)    Industry Membership

·    Georges Riverkeeper – Mr Robert Dixon

(c)    Environment Volunteer Membership

·    Mr Graham McLachlan

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

Clr Hadchiti asked that he be recorded as voting against the motion

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Shelton

That Council appoints Carol North-Samardzic as an additional community representative to the Tourism and CBD Committee.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Ayyad                 Seconded: Clr Hadid

That Council provides direction on a position to enter into partnership with SINSW to deliver Preschools in Edmondson Park and Liverpool CBD:

1.      Joint Partnership (option1) for Edmondson Park; and

2.      Tender as licenced provider (option 2) for Liverpool CBD.

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

MOTION OF URGENCY

Item No: MOU 01

Subject: Revised Parameters of the Intermodal Appeal Case No.: 2020/0004407

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Harle

That Council:

1.      Approves the provision of up to a further $400,000, capped at $400,000 in legal funding for RAID Moorebank Inc. for the current appeal, to be paid subject to the outcome of the public notification process;

2.      Delegate the CEO and LCC Staff to commence the public notification process; and

3.      Allocate the funds from Council’s General Fund for payment to RAID upon the presentation of invoices to Council.  

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

Division:

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

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