MINUTES OF THE Ordinary
Meeting
HELD ON 26 May 2021
PRESENT:
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, Chief Executive Officer
Mr Raj Autar, Director City Infrastructure and Environment
Mr George Hampouris, Acting Director City Corporate
Ms Tina Bono, Acting Director City Community and Culture
Mr David Smith, Acting Director City Economy and Growth
Mr Peter Diplas, Acting Director City Presentation
Ms Jennifer Chenhall, General Counsel, Manager Governance, Legal and Procurement
Mr Vishwa Nadan, Chief Financial Officer
Mr George
Georgakis, Manager Council and Executive Services
Ms Maree Stewart, Coordinator Council and Executive Services
(minutes)
The meeting commenced at 6.00pm
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STATEMENT REGARDING WEBCASTING
OF MEETING
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The Mayor reminded everyone that in accordance with Council’s
Code of Meeting Practice (other than the Public Forum Section), the
meeting is being livestreamed.
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ACKNOWLEDGMENT OF
COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY
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The prayer of the Council was read by Father Anthony Morgan from St
George and Prince Tadros Coptic Orthodox Church.
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NATIONAL ANTHEM
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The National Anthem was
played at the meeting.
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APOLOGIES
Nil
CONDOLENCES
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ITEM
NO:
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COND 01
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SUBJECT:
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Ms Estelle Lawler (read by Mayor Waller)
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Tonight, we pause to honour the
memory of the Secretary of the Liverpool City Netball Association, Estelle
Lawler.
Estelle Lawler was born in 1941
and lived at Lurnea. She was a mother, grandmother, and friend to many.
Affectionately known by many names - Mrs Lawler, Estelle, Aunty Ess or Mumma
Ess - she was involved with the Liverpool City Netball Association for 47
years, including 20 years as Secretary.
Mrs Lawler joined the Liverpool
City Netball Association after enrolling her seven-year-old daughter and
watching her play. She subsequently took up umpiring and coaching before
eventually playing netball herself. Mrs Lawler also worked closely with
Liverpool City Council staff for several years to help with the continuing
growth of the sport in our local government area.
In their tribute, Liverpool
City Netball Association praised Mrs Lawler and said “her contribution
and tenacity to ensure the success of Liverpool City Netball can be seen
every Saturday around the courts when we are all participating in the sport
she loved so dearly.”
She was further remembered by
the association as a “strong, widely outspoken, funny woman who was
compassionate and fiercely protective of all the people who she called a
friend.”
During netball games on May 21
players paused to pay their respects to Mrs Lawler and on May 22 players and
spectators participated in a loud cheer to celebrate her lifetime of service
to netball.
In 2018 Estelle Lawler was
recognised with a nomination for the Service to Sport Award as part of
NewsLocal’s Liverpool Leader Local Sports Star competition.
A funeral service to celebrate
the life of Estelle Lawler will be held on Friday 28 May at 11:30am at the
Forest Lawn Memorial Park’s South Chapel at Leppington. Due to COVID-19
restrictions seating inside the chapel will be restricted to immediate
family. However, there will also be TV screens and speakers on the lawn
outside the chapel and the service will be livestreamed.
On behalf of Liverpool City
Council, I express my deepest condolences to Mrs Lawler’s children,
grandchildren and extended family members and friends during this difficult
time.
Estelle Lawler’s
contribution to netball and the wider Liverpool community was immense and she
will be greatly missed.
May she rest in peace.
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COUNCIL
DECISION
Motion: Moved:
Mayor Waller Seconded:
Clr Balloot
That Council observe a minutes
silence in respect to Estelle Lawler and write to the family to express our
condolences for their loss.
On being put to the meeting the
motion was declared CARRIED.
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Motion: Moved:
Clr Hadid Seconded:
Clr Shelton
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That the minutes of the Ordinary Meeting
held on 28 April 2021 be confirmed as a true record of that meeting.
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On being put to the meeting the motion was declared CARRIED.
Declarations of Interest
Nil.
Presentation – items not on agenda
Nil.
Representation – items on agenda
1.
Ms Toni Walter on behalf of Urbis addressed Council on the
following item:
EGROW 06 Planning Proposal Request - 193 Macquarie Street and 77
Moore Street, Liverpool
2.
Ms Vicki Andrews addressed Council on the following item:
NOM 04 -
Harris Creek Bridge
Motion: Moved:
Clr Shelton Seconded:
Clr Hagarty
That a three
minute extension of time be given to Mrs Andrews.
On being put
to the meeting the motion was declared CARRIED.
3.
Mr Michael Byrne on behalf of the East Liverpool Progress Association
addressed Council on the following item:
CONF 04 Council 2021-05-26 - Confidential Report - CONF 04 -
Moorebank Intermodal Development possible negative impact on Liverpool
residents
Motion: Moved:
Clr Rhodes Seconded:
Clr Hadid
That a three minute extension of time be given to Mr Byrne.
On being put to the meeting the motion was declared CARRIED.
City Economy and Growth Report
ITEM NO: EGROW 01
FILE NO: 078627.2021
SUBJECT: Business
Resilience Grants - Final Report
ITEM NO: EGROW 02
FILE NO: 097229.2021
SUBJECT: Construction
of enclosure for the Liverpool Animal Shelter at Rossmore Vet
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COUNCIL DECISION
Motion: Moved:
Clr Ayyad Seconded:
Clr Harle
That Council:
1. Resolve, pursuant to Section 67(2)(b) of the Local Government Act
1993, to construct an enclosure at Rossmore Vet and it be completed at no
cost to Rossmore Vet.
2. Note the estimated cost to Council of constructing the enclosure
is up to $10,000 and can be catered for in the
current 2020/21 budget and through Council’s standard procurement
processes.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: EGROW 03
FILE NO: 337300.2020
SUBJECT: Reducing
Red Tape - Revocation of Development and Subdivision of Land Policy
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COUNCIL DECISION
Motion: Moved:
Clr Hagarty Seconded:
Clr Harle
That Council:
1.
Update the Development and Subdivision of Land
Policy; and
2.
Bring an updated policy to the next Council meeting.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: EGROW 04
FILE NO: 143691.2021
SUBJECT: Proposed
Planning Agreement in support of draft Amendment 88 to the Liverpool Local
Environmental Plan at 1370 Camden Valley Way, Leppington
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COUNCIL DECISION
Motion: Moved:
Clr Ayyad Seconded:
Clr Kaliyanda
That Council:
1. Endorse the draft Planning Agreement and direct the CEO to
publicly exhibit the planning agreement and accompanying explanatory note for
28 days;
2. Delegate authority to the CEO, subject to consideration of any
changes following public exhibition, to execute the planning agreement in the
form that is publicly exhibited or with minor modifications; and
3.
Notes that if changes, other than minor changes,
arise from the public exhibition process these will be reported back to
Council for endorsement.
On being put to the meeting the
motion was declared CARRIED.
The Councillors voted
unanimously for this item.
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FILE NO: 126847.2021
SUBJECT: Planning
Proposal to amend Part 7 of Liverpool Local Environmental Plan 2008 to prohibit
Cemetries and Crematoria in Wallacia
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COUNCIL DECISION
Motion: Moved:
Clr Hagarty Seconded:
Clr Hadid
That Council:
1. Notes the advice of the Liverpool Local
Planning Panel;
2. Supports in principle the planning proposal to
amend Part 7 (Division 2) of the Liverpool Local Environmental Plan 2008
to prohibit cemeteries and crematoria in Wallacia;
3. Delegates to the CEO to make any typographical
or other editing amendments to the planning proposal if required;
4. Forwards the planning proposal to the
Department of Planning, Industry and Environment pursuant to Section 3.34 of
the Environmental Planning and Assessment Act 1979, seeking a Gateway
determination;
5. Subject to Gateway determination, undertake
public exhibition and community consultation on the planning proposal in
accordance with the conditions of the Gateway determination and
Council’s Community Participation Plan;
6. Receive a further report on the outcomes of
public exhibition and community consultation; and
7. Collaborates with Penrith
City and Wollondilly Shire Councils and the State
Government to ensure that cemeteries and crematoria are only developed in
appropriate locations.
On being put to the meeting the
motion was declared CARRIED.
The Councillors voted
unanimously for this item.
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ITEM NO: EGROW 06
FILE NO: 126878.2021
SUBJECT: Planning
Proposal Request - 193 Macquarie Street and 77 Moore Street, Liverpool
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COUNCIL DECISION
Motion: Moved:
Clr Hadid Seconded:
Clr Ayyad
That Council:
1. Notes the advice of the Liverpool Local
Planning Panel;
2. Endorses in principle the planning proposal
request;
3. Delegates to the CEO the preparation of the
formal planning proposal including any typographical or other editing
amendments if required;
4. Forwards the planning proposal to the
Department of Planning, Industry and Environment, pursuant to Section 3.34 of
the Environmental Planning and Assessment Act 1979, seeking a Gateway
determination;
5. Subject to Gateway determination, undertake
public exhibition and community consultation on the planning proposal in
accordance with the conditions of the Gateway determination and
Council’s Community Participation Plan; and
6. Receive a further report on the outcomes of
public exhibition and community consultation.
On being put to the meeting the
motion was declared CARRIED.
The Councillors voted
unanimously for this item.
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ITEM NO: EGROW 07
FILE NO: 127968.2021
SUBJECT: Proposed
amendment to Schedule 1 Liverpool Local Environmental Plan 2008 - additional
permitted use for 'animal boarding or training establishment' at 40 Ramsay
Road, Rossmore
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Ayyad
That Council:
1. Notes the advice of the Liverpool Local
Planning Panel;
2. Supports the planning proposal to amend
Schedule 1 of the Liverpool Local Environmental Plan 2008 to permit
‘animal boarding or training establishment’ as a land use
permitted with consent at 40 Ramsay Road, Rossmore;
3. Delegates to the CEO to make any typographical
or other editing amendments to the planning proposal if required;
4. Forwards the planning proposal to the
Department of Planning, Industry and Environment pursuant to Section 3.34 of
the Environmental Planning and Assessment Act 1979, seeking a Gateway
determination;
5. Subject to Gateway determination,
complete further studies and undertake public exhibition and community
consultation in accordance with the conditions of the Gateway determination;
and
6. Receive a further
report on the outcomes of public exhibition and community consultation.
On being put to the meeting the
motion was declared CARRIED.
The Councillors voted
unanimously for this item.
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ITEM NO: EGROW 08
FILE NO: 132610.2021
SUBJECT: Removal of
Boarding Houses as a Permissible Use within the R2 Low Density Residential Zone
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COUNCIL DECISION
Motion: Moved:
Clr Ayyad Seconded:
Clr Rhodes
That Council:
1. Supports the removal of ‘boarding houses’ as a
permissible land use in the R2 Low Density Residential Zone within the
Liverpool Local Environmental Plan 2008;
2.
Writes to the Department
of Planning, Industry and Environment advising of Council’s decision;
and
3.
Direct the CEO to provide
a further report to Council on the opportunity of including dual occupancy
with development consent in R2 and R3 zones, including the pros and cons, and
that the report be brought back in July 2021.
On being put to the meeting the
motion was declared CARRIED.
The Councillors voted
unanimously for this item.
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ITEM NO: EGROW 09
FILE NO: 134079.2021
SUBJECT: Street
Naming Requests - Luddenham and Bringelly
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COUNCIL DECISION
Motion: Moved:
Clr Ayyad Seconded:
Clr Rhodes
That Council:
1. Supports the renaming of original sections
of The Northern Road:
· through Luddenham as Willmington Road;
· between Bringelly Road and Thames Road as Wentworth Road.
2. Forwards the names to the Geographical
Names Board (GNB), seeking formal approval;
3. Publicly exhibit the names in
accordance with Council’s Naming Convention Policy, for a period of 28
days, following formal approval from the GNB; and
4.
Authorises the Chief
Executive Officer (CEO) to undertake the process of gazettal, if there are no
submissions received during public exhibition.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: EGROW 10
FILE NO: 134216.2021
SUBJECT: Adoption
of Urban Cat Management Plan 2021
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Ayyad
That Council adopt the Urban Cat Management Plan and Action Plan 2021
On being put to the meeting the
motion was declared CARRIED.
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City
Community and Culture Report
ITEM NO: COM 01
FILE NO: 090021.2021
SUBJECT: Grants,
Donations and Corporate Sponsorship
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COUNCIL DECISION
Motion: Moved:
Clr Shelton Seconded:
Clr Ayyad
That Council endorses the
recommendation of $20,000 (GST exclusive) under the Corporate
Sponsorship Program for the following project:
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Applicant
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Project
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Recommended*
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Western Sydney Community Forum
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2021 ZEST Community Awards
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$10,000
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Miracle
Babies Foundation
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NICU
Survival Packs for families of babies born premature or sick
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$10,000
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On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: COM 02
FILE NO: 107950.2021
SUBJECT: Liverpool
City Council Sporting Grants Program 2020/2021
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COUNCIL DECISION
Motion: Moved:
Clr Hadid Seconded:
Clr Rhodes
That Council:
1.
Adopts the following recommendations for the allocation of
sporting grants funding, as recommended by the Liverpool Sports Committee
grants assessment panel:
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Club
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Project Description
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Grant Amount Recommended
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Austral City Bears
Incorporated
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Purchase of playing equipment (Tackle bags,
pads and cones)
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$5,000.00
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Fiji Football Australia Pty
Ltd
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Purchase of equipment
(kits, marquees)
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$5,000.00
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Hinchinbrook Hornets JRLFC
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Purchase of playing equipment (Tackle bags,
tackle rings, speed sleds, speed chute)
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$2,570.00
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Kemps Creek United Soccer
Club
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Costs associated with the start-up of a Walking Football Program
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$5,000.00
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Southern Districts Soccer
Football Association Inc
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Purchase and installation of VEO Sports Cameras to aid coaching and
high-performance feedback
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$ 2,430.00
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Liverpool District Touch
Association
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Purchase of playing equipment and volunteer
training
(balls, kits, training courses)
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$5,000.00
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Moorebank Liverpool District
Hockey Club
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Purchase of playing equipment
(cones, training singlets, coach white
boards, helmets)
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$5,000.00
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On being put to the meeting the
motion was declared CARRIED.
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City
Corporate Report
ITEM NO: CORP 01
FILE NO: 133621.2021
SUBJECT: Budget
Review - March 2021
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COUNCIL DECISION
Motion: Moved:
Clr Hagarty Seconded:
Clr Kaliyanda
That Council
approves the identified budget variations in accordance with the report.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: CORP 02
FILE NO: 137239.2021
SUBJECT: Investment
Report April 2021
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COUNCIL DECISION
Motion: Moved:
Clr Shelton Seconded:
Clr Hadid
That Council
receives and notes the report.
On being put to the meeting the
motion was declared CARRIED.
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Committee
Reports
ITEM NO: CTTE 01
FILE NO: 103198.2021
SUBJECT: Minutes of
the Companion Animals Advisory Committee meeting held on 30 March 2021
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COUNCIL DECISION
Motion: Moved:
Clr Kaliyanda Seconded: Clr
Balloot
That Council receives and notes the minutes of the Companion Animals Advisory Committee
meeting held on 30 March 2021.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: CTTE 02
FILE NO: 124312.2021
SUBJECT: Minutes of
the Liverpool Youth Council Meeting held Tuesday 13 April 2021
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COUNCIL DECISION
Motion: Moved:
Clr Kaliyanda Seconded: Clr
Balloot
That Council receives and notes the Minutes of the Liverpool Youth Council Meeting held on
Tuesday 13 April 2021.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: CTTE 03
FILE NO: 134301.2021
SUBJECT: Minutes of
the Tourism and CBD Committee meeting held on 27 April 2021
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COUNCIL DECISION
Motion: Moved:
Clr Kaliyanda Seconded: Clr
Balloot
That Council:
1. Receives and notes the minutes of the Tourism and CBD Committee meeting held
on 27 April 2021; and
2. Endorse the recommendations in the minutes.
On being put to the meeting the
motion was declared CARRIED.
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FILE NO: 135511.2021
SUBJECT: Minutes of
Strategic Panel Meeting held on 12 April 2021
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COUNCIL DECISION
Motion: Moved:
Clr Kaliyanda Seconded: Clr
Balloot
That Council receives and notes the Minutes of the
Strategic Panel Meeting held on 12 April 2021.
On being put to the meeting the
motion was declared CARRIED.
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Questions
with Notice
ITEM NO: QWN 01
FILE NO: 120405.2021
SUBJECT: Question
with Notice - Clr Hagarty - Mice
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Background
After drought,
bushfires, COVID and floods, rural Australia is now being severely impacted
by a mouse plague. There have also been recent reports of mice in Liverpool's
own rural and new release areas.
Please address the following:
1. Has Council
received any recent complaints about mouse infestations?
Council has not received any complaints
about mouse infestations within the LGA. Council receives the occasional
complaint regarding reports of rodents associated with overgrown
properties. In these cases, Council may undertake enforcement action,
where justifiable.
2. Does Council
have any jurisdiction in controlling mouse populations? If not, who does?
Council does not have jurisdiction in
controlling mouse populations. While there are no obligations for landholders
to control mice, Local Land Services, a State Government Agency, can provide
advice to landholders to assist them in managing mice numbers on their
property.
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ITEM NO: QWN 02
FILE NO: 120410.2021
SUBJECT: Question
with Notice - Clr Hagarty - Towards Zero
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Background
Each year over a
thousand people die on Australian roads. Thankfully, these figures have
decreased significantly over recent decades.
The NSW Government's
"Toward Zero" initiative urges all of us to do everything in our
power to push the number of deaths on NSW roads towards zero.
We absolutely must try new
approaches to ensure road deaths continue to trend down. Any number higher
than zero is unacceptable.
However, if an approach is
poorly implemented or not working, it must be reassessed and potentially
stopped.
Please address the following:
1. When does the Transport for
NSW's 30kmh trial in the Liverpool CBD finish?
Transport for NSW (TfNSW) has advised
that the 30km/h zone in the Liverpool CBD precinct is a ‘pilot’
change to the speed limit rather than a trial with an end date. The 30km/h
zone was implemented on 17 July 2020, with Transport for NSW (TfNSW) planning
to complete an evaluation after twelve months, being in July this year.
TfNSW has advised that the intention
of the evaluation is to inform future improvements to the Liverpool CBD
30km/h area, and other 30km/h areas, rather than deciding whether the 30km/h
area will stay in place or be removed.
2. Who decides whether to
continue or finish the trial?
Transport for NSW is responsible for
speed management on NSW roads. As advised above, TfNSW will complete the
evaluation after twelve months, being in July this year. TfNSW has advised
that the intention of the evaluation is to inform future improvements to the
Liverpool CBD 30km/h area and other 30km/h areas rather than deciding whether
the 30km/h area will stay in place or be removed.
3. What input does Council
have into the future of the trial?
TfNSW has advised that it is happy to
work with Council on the 30km/h zone in Liverpool, including the provision of
any changes to traffic calming within the area to reinforce the lower speed
limits and intends to engage with Council as part of the evaluation.
4. What input do local
residents and businesses have into the future of the trial?
Residents and businesses can continue
to contact Transport for NSW through the online feedback form to submit an
enquiry. The online feedback form can be found through the following link: https://roads-waterways.transport.nsw.gov.au/contact-us/feedback-form.html.
5. How much revenue has the
State Government raised from the speed camera on Bigge Street since the trial
commenced?
TfNSW advised that the fixed speed
camera on Bigge Street between Campbell Street and Elizabeth Street has been
in warning mode since the lower speed zones of 30km/h were introduced on 17
July 2020. Warning letters have been sent to speeding motorists to encourage
them to change their driving behaviour. However. motorists who exceeded the
30km/h speed limit by more than 30km/h were subject to penalties.
TfNSW has
advised that the amount of revenue raised would need to be requested from
Revenue NSW. Council has requested this information, and if received, will be
included in a future CEO update.
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COUNCIL DECISION
Motion: Moved:
Clr Hagarty Seconded:
Clr Kaliyanda
That Council
promote the TfNSW online feedback form through social media channels
encouraging feedback on the 30km/hr speed zone in the Liverpool CBD.
On being put to the meeting the
motion was declared CARRIED.
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ITEM NO: QWN 03
FILE NO: 137466.2021
SUBJECT: Question
with Notice - Clr Rhodes – Semi-detached housing engineering
specifications in New Release Areas
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Please address the following:
Does Liverpool Council have necessary engineering specifications
for semi-detached housing opportunities permitted in the new development
areas, that details when one side of the property is bought and built and
that has to attach to a second dwelling as a part of the development
conditions, but the second attached dwelling has yet to be built by a new and
separated Development Application. Are engineering specifications submitted
in the first development application done to acceptable specifications that
is subject to the engineering needs that permits a second dwelling to be
attached to the first dwelling built?
Or, are all the necessary engineering specifications
only addressed and imposed on the second dwelling to attach to the first
dwelling in order to comply with the condition of development for semi-detached
developments when the adjoining Development Application is submitted?
Response
Council does not have engineering specifications for
the construction of semi-detached housing development. However, the
construction of buildings, including dwellings, is required to comply with
the Building Code of Australia (BCA). The BCA specifies construction
requirements for separating walls which include structural, fire rating and
weather proofing. Each dwelling is required to comply with the BCA when it is
built and attaching a dwelling to an existing dwelling will be for aesthetic
purposes only, and will not affect the structural integrity of the existing
dwelling or the subsequent dwelling to be attached to it.
While there have been instances where a dwelling
needs to be attached to an existing dwelling in recent times, this will no
longer occur. Development approvals will now include additional conditions
which prevent semi-detached dwellings from being constructed at different
times. They must be built at the same time.
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ITEM NO: QWN 04
FILE NO: 147940.2021
SUBJECT: Question
with Notice - Clr Hagarty - Macquarie Mall and Bigge Park
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Background
Council has previously
borrowed money to improve the public domain in the CBD. In 2015 Council
borrowed money for the upgrade on Macquarie Mall and Bigge Park in 2015.
Please address the following:
1. How much was borrowed to fund the upgrade
of Macquarie Mall and Bigge Park?
Council borrowed $10m, on a 10-year fixed interest
rate of 3.73%.
An interest subsidy of 3% was approved for this
project under the NSW Governments Local Infrastructure Renewal Scheme (LIRS)
2. What are the annual loan repayments?
Principal and interest repayment for this loan is
$1.2m per year. Payments are made quarterly.
3. How are those repayments funded?
Repayments for this loan are fully funded from the
City Development Fund.
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ITEM NO: QWN 05
FILE NO: 147924.2021
SUBJECT: Question
with Notice - Clr Kaliyanda - Well-being at Liverpool Council
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The mental health and
well-being impacts of COVID-19 and other natural disasters in the last 18
months have been highlighted in the media and other places. The NSW
Government is due to release an updated version of its Mentally Healthy
Workplaces Strategy this month.
Please address the following:
1. What
measures has Council undertaken to track the mental health and well-being on
staff over this period?
2. How does Council plan to
implement the updated Strategy?
3. Has well-being had an effect
on staff retention or turnover in the last 18mths?
4. What strategies are in place
to manage workload to ensure sustainability?
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 06
FILE NO: 147952.2021
SUBJECT: Question
with Notice - Clr Kaliyanda - Study Tours
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Please address the following:
1. What study
tours have been undertaken in this term of Council?
2. What
outcomes/benefits have they delivered to Council and ratepayers?
3. What has
been the financial cost of these?
4. How does this compare to the
number, cost and outcomes/benefits to ratepayers undertaken in previous terms
of Council?
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 07
FILE NO: 147963.2021
SUBJECT: Question
with Notice - Clr Hagarty - City Presentation
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Please address the following:
1. How many vacancies are there in City Presentation?
2. When are these expected to be filled?
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 08
FILE NO: 148015.2021
SUBJECT: Question
with Notice - Clr Hagarty - Compliance Discretion
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Please address the following:
1. Are compliance
officers legally allowed to apply discretion?
2. Is it Council
policy to apply discretion?
3. Does Council keep
track of when discretion is applied?
4. What training is
given on the application of discretion?
5. What checks and
balances are in place for when discretion is applied?
A response to these questions with notice will be
published in the 30 June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 09
FILE NO: 148067.2021
SUBJECT: Question
with Notice - Clr Ayyad - Childcare in Civic Place
|
Please address the following:
1. What is
the cost of the childcare component proposed in Civic Place?
2. How many
children is it going to cater for?
3. Who is
going to run it?
4. Did the
original concept for Civic Place, as resolved in 2016, have a childcare
centre?
5. If no, why
did this change?
6. Who
initiated this change?
7. Who
completed the business case to justify this change?
8. How was
the organisation that completed the business case chosen?
9. What date
was the business case completed?
10. Who has seen the
business case?
11. Does the business
case contain a feasibility study?
12. Was any elected
official consulted about a childcare in Civic Place before it was resolved by
Council?
13. How much extra is it
going to cost to build this childcare centre? This figure is to include fit
out and any parking requirements that need to be built for this childcare.
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 10
FILE NO: 148095.2021
SUBJECT: Question
with Notice - Clr Ayyad - 33 Moore Street, Liverpool
|
Please address the following:
1. In this term of Council, how much has been spent on
33 Moore Street?
2. Can you please provide a breakdown of the
costs? That is to include which levels the monies were spent on and for what
purpose (as a minimum).
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 11
FILE NO: 148108.2021
SUBJECT: Question
with Notice - Clr Ayyad - Staff Payouts
|
Please address the following:
1. In this term of Council, how much has
been spent to pay out staff through terminating their contracts (please
provide as a total number)?
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: QWN 12
FILE NO: 148126.2021
SUBJECT: Question
with Notice - Clr Ayyad - Travel
|
Please address the following:
1. In this term of Council, how many flights
has Council booked (both interstate and international)?
2. How many hotel room nights have been booked in this term of
Council?
A response to these questions with notice will be published in the 30
June 2021 Council Meeting Business Papers.
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ITEM NO: CORP 03
FILE NO: 147032.2021
SUBJECT: For Public
Exhibition – Draft Delivery Program 2017-2022 and Operational Plan and
Budget 2021-2022, including Revenue Pricing Policy, Fees and Charges
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COUNCIL DECISION
Motion: Moved:
Clr Harle Seconded:
Clr Rhodes
That Council:
1.
Place the draft Delivery
Program 2017-2022 and Operational Plan and Budget 2021-2022, including
Revenue Pricing Policy, Fees and Charges on Public
Exhibition for 28 days;
2.
Include a table that indicates each Councillor’s
attendance at all Council meetings, committee meetings, and briefing sessions
for this term of Council, under the Your Council section of the Delivery Program 2017-2022 and Operational Plan and Budget 2021-2022.
3.
Receives a further report at the June 2021
Council meeting after a review of public submissions; and
4. Notes the amendments to the Principal Activities in the 2021-2022
Operational Plan as tabled.
On being put to the meeting the motion was declared CARRIED.
Clr Ayyad and Clr Hadchiti requested that they be recorded as
voting against the motion.
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Clr Ayyad left the
Chambers at 7.01pm.
Notices of
Motion
ITEM NO: NOM 01
FILE NO: 146019.2021
SUBJECT: Payment
Plans for Liverpool Council Animal Shelter Fees
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BACKGROUND
Liverpool LGA is a great animal loving community.
It is well documented that mental health outcomes
are often improved through pet ownership.
During times of uncertainty and social threats such
as the COVID pandemic, many people have turned more to the companionship that
pets such as dogs provide to help cope with isolation and loneliness.
However, this is often done without considering all
the ongoing responsibilities that come with pet ownership nor the different
requirements that different breeds of animals might require.
Many of our citizens live either close to the
poverty line and or below it, but they are pet owners as well and are people
particularly prone to embarking on pet ownership for comfort and
companionship and as such may need financial assistance should their new
animal companion escape and be impounded in the Liverpool City Animal Shelter
presenting them with an expense they never may have considered.
Constituents have told me that some people whose
animals are impounded are reluctant to claim their dog when registered or
unregistered for fear of the financial burden of paying the accumulated fees
for the period of time their animal has been in the pound. This results in
increased costs to the Liverpool Animal Shelter operations and in some cases
great stress to dogs because their owner cannot afford the fees to reclaim
their dog.
Greater education and information can assist not
only Liverpool Constituents to be better informed as to what sort of dog
might be best suited for them, but also make them more aware of the cost and
responsibility of pet ownership. Such education and information could result
in less cost to operations at the Council Animal Shelter and less dogs having
to be impounded or at the very least being reclaimed sooner and by their
original owner who may be currently unaware that payment options are
available to them.
The promotion of Liverpool Council's payment plan
options could lead to more animals being reclaimed from the pound also
reducing the cost to operations of the Liverpool Council Animal Shelter.
NOTICE OF
MOTION (Submitted by Clr Rhodes)
That Council:
1. Provide a costing and report to June
Council meeting for options to provide education material on the
responsibilities of dog ownership that includes information on the different
needs that different types of dogs may require, in regards to space, enclosures,
exercise and approximate cost to feed; and
2.
Promote on the
Liverpool Council's Animal Shelter fees and Council's payment plan options by
placing information prominently on the Liverpool Council Website and on
social media platforms.
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be
adopted.
On being put to the meeting the
motion was declared CARRIED.
Clr Balloot and Clr Hadchiti
requested that they be recorded as voting against the motion.
|
Clr Ayyad returned to
the Chambers at 7.05pm.
ITEM NO: NOM 02
FILE NO: 146026.2021
SUBJECT: Housing
Diversity SEPP
|
BACKGROUND
The new Housing Diversity SEPP is intended to replace
SEPPs currently in place which Council has submitted endorsement in principal
including new definitions that include build to rent housing, student housing
and co-living developments.
New definitions included in the new SEPP are Student
Housing, Co-Living where Council has made recommendations to support
standards to ensure quality of livability issues, but has made no comment
regarding the continued threat that shared co-living type of housing poses to
the spread of COVID-19 and or the professional opinion that there will be the
continued threat of new or similar pandemics that will be the new reality
into the foreseeable future.
Liverpool has a very culturally diverse population
that brings more people from every corner of the world into our LGA and by
doing so makes Liverpool more prone perhaps than other parts of Sydney to
possible future outbreaks.
It is significant that the pandemic spreads
predominantly in Australia through quarantine and share co-living situations,
that are similar build to the new proposed Housing Diversity SEPP.
Before the Housing Diversity SEPP is endorsed there
is a need for a full comprehensive reassessment of the current and proposed
development controls that will ensure that all future housing development meets
COVID safe legislation built into the Housing Diversity SEPPs.
NOTICE OF
MOTION (submitted by Clr Rhodes)
That Council submit to DPIE Housing Diversity SEPP currently
under consideration concerns about all shared living developments and the
need for new legislation that addresses the needs to deliver COVID safe
housing developments into the future, by calling for a review of all planning
regulations specifically to address any form of share living COVID safe
housing development.
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Harle
That the recommendation be
adopted.
On being put to the meeting the
motion was declared LOST.
Division:
Vote for: Clr Ayyad and Clr
Rhodes
Vote against: Mayor Waller, Clr
Balloot, Clr Hadchiti, Clr Hadid, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr
Karnib, Clr Shelton
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Clr Balloot left the
Chambers at 7.06pm.
ITEM NO: NOM 03
FILE NO: 147976.2021
SUBJECT: Warwick
Farm DA-790/2020
|
BACKGROUND
Council has spent considerable time and effort
consulting with residents, landowners and other stakeholders as part of the
LEP review process. One outcome of this process was the concept of a
comprehensive masterplan for Warwick Farm.
The Liverpool Place Strategy's Priority
4, Action 10 states:
Investigate the potential for master
planned precincts (such as NSW Land and Housing Corporation properties in
Warwick Farm and rezoned land) to improve and increase social and affordable
housing above the targets set out in A Metropolis of Three Cities.
The Liverpool Local Strategic Planning
Statement Action 7.3 states:
Partner with State Government to
investigate the potential for master planned precincts (such as NSW Land and
Housing Corporation properties in Warwick Farm and Green Valley) to improve
and increase social and affordable housing (medium term)
Despite the above, DA-790/2020 for a has been lodged
by NSW Land and Housing Corporation to consolidate 5 lots into 2, and
construct a 6-storey building with 43 apartments in Warwick Farm.
NOTICE OF
MOTION (Submitted by Clr Hagarty)
That Council write to the relevant State Minister
asking why the State Government has ignored the principles set out in its own
Council mandated strategic planning documents.
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COUNCIL DECISION
Motion: Moved:
Clr Hagarty Seconded:
Clr Kaliyanda
That the recommendation be
adopted.
On being put to the meeting the
motion was declared CARRIED.
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Clr Balloot returned to
the Chambers at 7.14pm.
ITEM NO: NOM 04
FILE NO: 147997.2021
SUBJECT: Harris
Creek Bridge
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BACKGROUND
The Heritage Council of NSW has given notice of its
intention to consider listing the Harris Creek Rail Bridge on the State
Heritage Register.
The Harris Creek Rail Bridge is likely to be of
state heritage significance for its historical association with the German
Concentration Camp in Holsworthy.
The rail bridge has a strong connection to local
military history, in particular, the movement of troops and equipment in
support of the military operations in the Liverpool area from WWI.
NOTICE OF
MOTION (Submitted by Clr Hagarty)
That Council:
1. Make a written submission in support of
listing the Harris Creek Rail Bridge on the State Heritage Register; and
2. Notes submissions close 26 May 2021.
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|
COUNCIL DECISION
Motion: Moved:
Clr Hagarty Seconded:
Clr Rhodes
That Council:
1.
Make a written
submission in support of listing the Harris Creek Rail Bridge on the State
Heritage Register;
2.
Bring a report to the
Heritage Advisory Committee to consider including the ANZAC Creek Bridge on
the State Heritage Register; and
3.
Notes submissions
close 26 May 2021.
On being put to the meeting the motion was declared
CARRIED.
Councillors voted unanimously for this item.
|
Mayor Waller called a recess
of Council at 7.17pm
Mayor Waller reopened the Council meeting at 7.24pm.
COUNCIL IN CLOSED SESSION
Council moved into closed session at 7.24pm pursuant to the provisions of:
·
s10(A)(2)(d i) of the Local
Government Act because it contains commercial information of a confidential
nature that would, if disclosed prejudice the commercial position of the person
who supplied it; and
·
s10(A)(2)(g) of the Local
Government Act because it contains advice concerning litigation, or advice that
would otherwise be privileged from production in legal proceedings on the
ground of legal professional privilege.
ITEM NO: CONF 01
FILE NO: 128057.2021
SUBJECT: Rescission
of CONF 03 - Bigge Park Cafes - Lot 702 DP 1056246, Bigge Street, Liverpool
from 28 April 2021 Council meeting.
|
NOTICE OF MOTION OF RESCISSION
That Council rescinds the resolution relating to
CONF 03 – Bigge Park Cafes – Lot 702 DP 1056246, Bigge Street,
Liverpool from the 28 April 2021 Council Meeting.
That
Council:
1. Accepts the Tender from Stazi Group Pty Ltd for Tender ST2904 -
Licensing of Pump House Café Bigge Park Liverpool for a term of five
years as per the commercial terms outlined in the body of this report.
2. Makes public its decision regarding tender ST2904 - Licensing of Pump House
Café Bigge Park Liverpool.
3. Notes that the Chief Executive Officer will
finalise all details and sign the Letter of Acceptance and delegate for the
License to be executed under the Power of Attorney following the publication
of the draft Minutes on Council’s website for the tender, giving it
contractual effect, in accordance with delegated authority.
4. Keeps confidential the details supplied in this
report containing information on the submissions received, pursuant to the
provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it
contains commercial information of a confidential nature that would, if
disclosed, prejudice the commercial position of the person who supplied it.
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|
COUNCIL DECISION
The Rescission Motion which was
lodged by Clrs Ayyad, Hadchiti and Rhodes was moved and voted on.
On being put to the meeting the
Rescission Motion was declared LOST.
Vote for: Clr Ayyad, Clr
Hadchiti, Clr Hadid, Clr Rhodes, Clr Harle
Vote against: Mayor Waller, Clr
Balloot, Clr Hagarty, Clr Kaliyanda, Clr Karnib, Clr Shelton
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ITEM NO: CONF 02
FILE NO: 120423.2021
SUBJECT: Question
with Notice - Clr Ayyad - Civic Place
Responses to the
Questions with Notice were provided to Councillors.
ITEM NO: CONF 03
FILE NO: 146091.2021
SUBJECT: Question
with Notice - Clr Rhodes - Moorebank Intermodal Development Special Levy
Responses to the
Questions with Notice will be provided to Councillors at the June Council
meeting.
ITEM NO: CONF 04
FILE NO: 146069.2021
SUBJECT: NOM from
Clr Rhodes - Moorebank Intermodal Development possible negative impact
on Liverpool residents
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Harle
That
Council:
1.
Seek the waiver advice from the
RAID solicitors for the appeal Class 1 Appeal Court
Case 2020/0004407 so that the documents can be released, and Councillors can
be further advised to the merit or otherwise for Council to consider a class
1 and class 4 appeal for the stage 3 and MPW Stage 2 of the Moorebank
Intermodal Development. Including those documents that were paid for by
ratepayers. Notwithstanding small portions of the traffic report have been
redacted to confidentiality for Transport NSW;
2.
Receive a report back
as soon as possible following receipt of the waiver advice; and
3.
Provide this information to the
Moorebank Intermodal Committee members on the provision of the waiver being
received.
On
being put to the meeting the motion was declared CARRIED.
Mayor
Waller and Clr Shelton requested that they be recorded as voting against the
motion.
|
Mayor Waller reopened the meeting at 7.47pm and read the
resolution that was made in Closed Session, on the previous page of these
minutes.
THE MEETING CLOSED AT 7.49pm.
<Signature>
Name:
Wendy Waller
Title: Mayor
Date: 30 June 2021
I have authorised a stamp bearing my signature to be
affixed to the pages of the Minutes of the Council Meeting held on 26 May 2021. I confirm that Council
has adopted these Minutes as a true and accurate record of the meeting.